HomeMy WebLinkAboutOrd. Nos 1988-825-847ORDINANCE NO. 825
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI-
FORNIA, REZONING APPROXIMATELY 5 ACRES LOCATED ON
THE SOUTHEAST CORNER OF THE INTERSECTION OF COLLIER
AVENUE AND CENTRAL STREET FROM M-1 (LIMITED
MANUFACTURING) TO C-M (COMMERCIAL MANUFACTURING)
ZONING DISTRICT (ZONE CHANGE 87-9 - LARMOR
DEVELOPMENT CO.)
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 property described in Exhibit A, attached hereto and made a
part hereof, from M-1 (Limited Manufacturing) to C-M (Commercial
Manufacturing) 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-M
zone.
SECTION TWO.
This ordinance shall become effective as provided by
law.
INTRODUCED AND APPROVED UPON FIRST 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
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PASSED, APPROVED AND ADOPTED UPON SECOND READING this
12th day of January, 1988, upon the following roll call vote:
AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER,
STRIGOTTE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTENTIONS: COUNCILMEMBERS: NONE
Leo J. Str' tte, Mayor
A~TEST•
V`-
Vicki Lynne Kasad, City Clerk
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
~~
John R. Harper, C' Attorney
LEGAL DESCRIPTION FOR ZONE CHANGE 87-9
The northeasterly 330.00 feet of Lot 8 of Goodwin, Whitten and
Elliotts Subdivision as shown by Map on File in Book 4 Page 241,
San Diego County Records, California.
EXCEPT3NG THEREFROM the•northwesterly 30.00 feet of the
northeasterly 330.00 feet and the southeasterly 30.00 feet of the
northeasterly 330.00 feet;
TOGETHER WITH the following described property:
COMMENCING at the most easterly corner of said Lot 8;
THENCE North 46° 53' 13" West, along the northeasterly line of
said Lot 8, 30.00 feet to the True Point of Beginning;
THENCE continuing along said northeasterly line North 46° 53' 13"
6•Iest, 350.88 feet to a point on a non-tangent curve concave
northerly and having a radius of 1243.00 feet;
THENCE southeasterly along said curve through a central angle of
07° 26' 48" an arc length of 161.55 feet to a point of reversing
curve concave southerly and having a radius of 1157.00 feet;
THENCE southeasterly along said curve through a central angle of
08° 13' 20" an arc length of 166.04 feet to a non-tangent point;
THENCE South 03° 03' 31" East 39.98 feet;
THENCE South 38° 23' 31" West, 0.69 feet to the beginning of a
tangent curve concave northeesterly and having a radius of
470.00 feet;
THENCE southwesterly along said curve through a central angle
of 04° 43' 16" an arc length of 38.73 feet to the True Point of
Beginning.
EXHIBIT "`A"
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE j 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 January 12, 1988,
and was passed by the following vote:
AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION
WINKLER, STRIGOTTE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
~L ~ ~S~~Y CLERK
Y
CITY OF E 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. 825, of said Council, and that the same
has not been amended or repealed.
DATED: January 13, 1988
-~ .
VICKI LYN KASAD, CITY CLERK
CITY OF T,F3. ~E ELSINORE
(SEAL)
ORDINANCE NO. 826
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADOPTING BY REFERENCE THE RIVERSIDE
COUNTY FIRE PROTECTION ORDINANCE 546 AND ADDING TO
--CHAPTER .15.42 AF THE FLAKE ELSINORE MUNICIPAL CODE"
RELATING TO THE FIRE CODE.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Established the Fire .Protection Ordinance 546, per
Exhibit A, which are promulgated and published by the Riverside
County Fire Department, one copy 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.
SECTION 2. All changes and modifications 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 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 ($500.00), or by imprisonment not to
exceed six months, or by both such fine and imprisonment. Each such
person shall be guilty of a separate offense for each and every day
during any portion of which any violation of any provision of the
ordinances of Lake Elsinore is committed, continued or permitted by
any such person, and he shall be punished accordingly.
SECTION 4. This ordinance shall take effect as provided by
law.
INTRODUCED AND PASSED UPON FIRST READING this 26th
day of January 198$ , 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 9th
day of February , 19 88, upon the following roll call vote:
AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER,
STRIGOTTE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTENTIONS: COUNCILMEMBERS: NONE
~~.
Leo Strigo e, Mayor
ATTEST:
1
Vicki L.'TCasad , City Clerk
APPROVED AS TO FORM:
R. Harpe
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 January 26, 1988, and had its second reading on February 9, 1988,
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 LYN KASAD, CI Y CLERK
CITY OF LA E 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. 826, of said Council, and that the same
has not been amended or repealed.
DATED: February 9, 1988
2
VICYNN KASAD, CITY C ERK
CITY OFT~A ELSINORE
(SEAL)
NO. 827
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AMENDING SECTION 17.38.090 OF
THE LAKE ELSINORE MUNICIPAL CODE, RELATING
TO STANDARDS FOR GASOLINE DISPENSING
ESTABLISHMENTS. (AMENDMENT 88-1)
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI-
FORNIA, DOES ORDAIN AS FOLLOWS:
SECTION ONE:
Section 17.38.090 of the Lake Elsinore Municipal Code
is hereby amended to read as follows:
"Section 17.38.090 Gasoline Dispensing Establishments. The
provisions of this Section shall apply to all new construction,
reconstruction, and addition o r converesion of use for service
stations and other places where motor vehicle fuels are
dispensed to the public.
"A. Site:' All new sites for Gasoline Dispensing Establishments
shall have a minimum net lot area of 15,000 square feet and
a frontage of 125 feet on any street having a driveway.
"B. Pumps: All gasoline pumps and pump islands upon which they
are placed shall be set back a minimum of thirty (30) feet
from any property line.
"C. Canopies: Canopies shall setback a minimum of twenty (20)
feet from any property line.
"D. Activities: The following activities may be permitted:
Dispensing of gasoline, diesel fuels, oil, grease, tires,
batteries, and replacement parts. and installation of the
items enumerated.
Heavy engine or transmission repair to include replacement
shall not be permitted in a service station established
pursuant to this Chapter. Convenience stores, mini-marts,
car washes whether automatic or manual shall be permitted in
conjunction with a service station subject to approval of a
Conditional Use Permit. All such uses shall be conducted
within a completely enclosed building.
"E. Re air and Servicina: All repair equipment including
hydraulic hoists, portable jacks, pits, alignment equipment,
and tire equipment and all servicing other than dispensing
of fuel and oil shall be entirely enclosed within a
building.
"F. Circulation: No more than two (2) points of ingress shall
be allowed to any street; however, the Planning Commission
may find two (2) points of ingress to be inappropriate and;
therefore, not permitted at all locations due to traffic
considerations. No driveway shall be allowed to encroach
into a corner radius; further, the driveway locations may be
further restricted by the Planning Commission to reduce
traffic problems and protect pedestrian and vehicular
traffic. No more than one (1) access drive may be permitted
from any arterial street.
"G. Parkina: Vehicles shall not be parked on the premises other
than in designated parking spaces.
No overnight parking shall be permitted except for vehicles
under repair when maintained within a fully enclosed
building. when a mini-mart or convenience store is operated
in conjunction with the gasoline station, a minimum of five
(5) parking spaces shall be provided and conveniently
located to serve store customers. All car wash
installations shall provide adequate stacking distance for
a minimum of four (4) vehicles at the entry of the facility.
Parking areas for air and water servicing, drying and
vacuuming shall be clearly provided.
-"H. .Walls: A decorative masonry wall a minimum of six (6) feet
in height shall be constructed and maintained along all
interior property lines abutting residential property.
Where such walls abut or are adjacent to commercial/office
uses they shall be not less than five (5) feet in height. A
minimum five (5) foot landscape planter shall be provided
adjacent to the wall. Walls may be waived where the
gasoline dispensing facility and abutting commercial or
industrial use share a common driveway.
Said wall shall be reduced to thirty-six (36) inches within
required yards adjacent to a public right-of-way.
"I. Si ns: All price signs shall be limited to monument style
and shall satisfy the minimum size and number required by
State law. All such signs shall be incorporated as an
integral part of the business' permanent signage in such a
manner as not to detract from the appearance of the primary
sign. Price signs shall not be affixed to light standards
or other non-sign structures. Advertising displays and
devices other than approved signs shall be prohibited.
"J. Towina Operations: Towing operations, clearly incidental
to, and in conjunction with, a permitted Gasoline Dispensing
Establishment may be permitted provided trucks when on site
are parked within approved parking spaces. Such spaces
shall be located to the rear of the property, shall be
screened from public view and shall be clearly identified on
submitted development plans. No on-site storage of towed
vehicles, other than those towed in for minor repair may
occur. Overnight storage shall be subject to paragraph "G".
"K. Desian: Except as otherwise. provided in this Section,
Gasoline Dispensing Establishments shall comply with the
design concepts and standards contained in this Chapter and
within the individual District Chapters as required for all
other commercial businesses.
"L. Restrooms: Men's and women's restrooms shall be provided
and made available to customers. Separate facilities shall
be provided for each sex and maintained open to the public
during business hours and kept in a sanitary and working
condition.
"M. Handicap Accessibility: All buildings, service locations
and restrooms shall be handicap accessible and usable as
established by either State standards or locally adopted
handicap standards.
"N. Loadina Facilities: Loading facilities to serve convenience
marts and fuel tanks shall be located such that they do not
block or restrict circulation drives on site.
"O. Sale of Alcoholic Beverages: Establishments engaged in the
concurrent sale of motor vehicle fuel with alcoholic
beverages shall abide by the following requirements as a
condition pursuant to the provisions of Section 17.38.090.D
and Chapter 17.74, Conditional Use Permits:
1. No beer or wine shall be displayed within five (5) feet
of the cash register or the front door unless it is in a
permanently affixed cooler as of January 1, 1988.
2. No advertisement of alcoholic beverages shall be
displayed at motor fuel islands.
3. No sale of alcoholic beverages shall be made from a
drive-in window.
4. No display or sale of beer or wine shall be made from an
ice tub.
5. No beer or wine advertising shall be located on motor
fuel islands and no self-illuminated advertising for
_.beer or .wine shall be located on buildings or windows.
6. Employees on duty between the hours of 10:00 p.m. and
2:00 a.m. shall be at least twenty-one (21) years of age
to sell beer and wine."
SECTION TWO:
This ordinance shall become effective as provided by law.
AND APPROVED UPON FIRST READING this 26th day
of January, 1988, 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
9th. day of February, 1988, upon the following roll call vote:
AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER,
STRIGOTTE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTENTIONS: COUNCILMEMBERS: NONE
Leo .. tri te, Mayor
ATTEST:
`(-/~(
Vicki Y~ynn Kasad, City Clerk
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
n 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 January 26, 1988, and had its second reading on February 9, 1988,
and was passed by the following vote:
AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION
WINKLER, STRIGOTTE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
V~~
VICKI LY (,~TY 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. 827, of said Council, and that the same
has not been amended or repealed.
DATED: February 9, 1988
(~`'I
VICKI YN AD, CITY CLERK
CITI' OF KE ELSINORE
(SEAL)
ORDINANCE NO. 828
AN URGENCY ORDINANCE OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, AMENDING CHAPTER 56
OF TITLE 8 OF THE LAKE ELSINORE MUNICIPAL
CODE PROHIBITING THE STORAGE OF HAZARDOUS
SUBSTANCES AND MATERIALS.
WHEREAS, the City of Lake Elsinore presently has adopted a
Hazardous Waste Substances and Materials Ordinance, being Chapter 56
of Title 8 of the Lake Elsinore Municipal Code; and
WHEREAS, said Ordinance does not directly address the disposal
of said hazardous substances and materials within the City limits of
Lake Elsinore; and
WHEREAS, due to the potential, existing for the disposal of
said hazardous substances and materials within the City limits of Lake
Elsinore and the resultant injury to the general public welfare, it is
necessary to adopt certain amendments to the aforesaid Municipal Code
Sections on an urgency basis;
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. The following Sections and Subsections are hereby
added to the Lake Elsinore Municipal Code, Chapter 56 Title 8:
Section 8.56.035 = Unlawful Disposal
It shall be unlawful for any person, firm or corporation to
dispose of any hazardous substances, materials or residuals
with the City limits of the City of Lake Elsinore.
Section 8.56.050 - Violation = Penalty
This Section is hereby deleted in its entirety.
(Violations of Penalty Sections relating to all Municipal
Code Violations are contained elsewhere within the existing
Municipal Code.
Section 3. This Ordinance shall take effect immediately
upon adoption.
PASSED, APPROVED AND ADOPTED this 4th day of February,
ORDINANCE NO. 828
1988, upon the following roll call vote:
AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION,
WINKLER, STRIGOTTE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
ii~i r~C~f~=~J~
EO~ STRIGOTTE, MAYOR
CITY OF LAKE ELSINORE
A TEST:
~~:I ZYNN SAr`\~`~
ITY CLERK
CITY OF LAK ELSINORE
APPROVED AS T FORM:
I~/~
HN R. HA PER, C TY ATTORNEY
CITY OF LAKE EL I ORE
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 February 4, 1988, and had its second reading on February 4, 1988,
and was passed by the following vote:
AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION
WINKLER, STRIGOTTE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
Q~Ql ~~
1'C7`~`LYN SAD, CITY 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. 828, of said Council, and that the same
has not been amended or repealed.
DATED: February 9, 1988
VICKI LYN~ KASAR, CITY CLERK
CITY OF E ELSINORE
(SEAL)
ORDINANCE N0. 829
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI-
FORNIA, REZONING 17.69 ACRES LOCATED AT THE
NORTHEAST CORNER OF MALAGA ROAD AND MISSION TRAIL
FROM C-1 (NEIGHBORHOOD COMMERCIAL) TO C-2 (GENERAL
COMMERCIAL) ZONING DISTRICT (ZONE CHANGE 87-10 -
CAMELOT PROPERTY COUNSELORS, 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:
4.03 acres M/L in Por Lot 2 MB 010/075
Sedco TR 2; 12.49 acres M/L in Por Lots
D and 1 MB 010/076 Sedco TR 2; and 1.17
acres M/L inj Por Lot 24 MB 010/076
Sedco TR 2. (Assessor's Parcel Numbers
365-040-002, -013, -014)
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 9th
day of February, 1988, upon the following roll call vote:
AYES: COUNCILMEMBERS:
DDMINGUEZ, MATSDN, VERP1ILLION, WINKLER,
STRIGOTTE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTENTIONS: COUNCILMEMBERS:
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NONE
NONE
NONE
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PASSED, APPROVED AND ADOPTED UPON SECOND READING this
23rd. day of February, .1988, upon the following roll call vote:
AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER,
STRIGOTTE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTENTIONS: COUNCILMEMBERS: NONE
Le Str' tte,~ ayor
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
i n
~ t~
ohn R. 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 February 9, 1988, and had its second reading on February 23, 1988,
and was passed by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ICKI LYN; KASAD,
CITY OF KE ELSINO
(SEAL)
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
CITY CLERK
RE
DOMINGUEZ, MATSON, VERMILLION
WINKLER, STRIGOTTE
NONE
NONE
NONE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) S$:
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. 829, of said Council, and that the same
has not been amended or repealed.
DATED: February 24, 1988
. I~LYN.E KASAD~ CLERK
CITY OF KE ELSINORE
(SEAL)
ORDINANCE NO. 830
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AMENDING CERTAIN SECTIONS OF
CHAPTER 66 OF TITLE 17, OF THE LAKE
ELSINORE MUNICIPAL CODE, RELATING TO PARK-
ING REQUIREMENTS.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION ONE:
In order to more closely address the public necessity and
convenience and general welfare and to further the purposes of
Chapter 66 of Title 17 of the Lake Elsinore Municipal Code; and
In order to clarify certain provisions, introduce new
standards, and provide requirements which are more closely
related to community needs;
Certain portions of Chapter 66 of Title 17 of the Lake
Elsinore Municipal Code are hereby amended to read as follows:
"Section 17.66.020.E. When a garage is specifically required,
or provided to meet required parking,
entry doors shall be maintained in an
operable condition at all times, and no
structural alteration or obstruction
shall be permitted within the required
parking area which would reduce the
number of required parking spaces. Use
of garages shall be limited to
vehicular and general storage purposes
only and shall not conflict with any
applicable building, housing, or fire
codes."
"Section 17.66.020.G. No vehicle, boat, or trailer shall be
parked or stored on any vacant or
undeveloped property in any district,
with the exception that no more than
three (3) non-commercial motor vehicles
which are operable, currently licensed
and registered to the occupant of an
abutting developed residential lot may
be parked on undeveloped lots in the
R-1 (Single-Family Residential) Zoning
District. The portions of the
undeveloped lot which are used for
parking shall be paved prior to any
use for parking, unless paving is
waived for the primary lot pursuant
Section 17.66.090.B."
"Section 17.66.030.D.1.a. Single-family detached dwellings:
Two (2) spaces per dwelling unit in a
garage, plus two (2) open spaces,
which may be located in the driveway
in a tandem position, in front of the
garage door.
In lieu of the two (2) open spaces in
the driveway,: one (1) open space per
dwelling unit, may be provided
elsewhere on the lot or in a common
area in a Planned Unit Development."
"Section 17.66.030.D.1.b. For multi-family and attached single-
family dwellings, duplexes:
1) For studio and one bedroom units:
one (1) covered space, plus two-
thirds (2/3) open space per dwel-
ling unit;
2) For two or more bedrooms: one (1)
covered space, plus one and one-
third (1-1/3) open space per
dwelling unit."
"Section 17.66.030.D.5. Clubs, discos, ballrooms, cabarets,
cocktail lounges, dance halls, lodges,
and incidental dancing areas and
similar facilities where dancing is the
principal use of the area: One (1)
parking space for every thirty (30)
square feet of dance floor area, plus
required parking for any dining,
assembly or office uses."
"Section 17.66.040.A.5. For multi-car garages or carports the
minimum width for parking stalls shall
be 9-1/2 feet (9-1/2')."
"Section 17.66.080.C. No two-way drive aisle shall be less
than twenty feet (20'). No one-way
drive aisle width shall be less than
twelve feet (12')."
"Section 17.66.080.F. For any structure which extends above a
drive aisle, the minimum vertical
clearance shall be fourteen feet
(14')."
"Section 17.66.110 Liahtinq. Adequate parking lot lighting
for security purposes shall be required
and maintained to effectively illuminate
the parking area of all developments,
except for single-family and duplex
dwellings. Lighting shall be located
and designed so as to preclude the
direct glare of light shining onto
adjacent property, streets, or into the
sky above a horizontal plane passing
through the luminaire."
SECTION TWO:
This ordinance shall take effect as provided by law.
INTRODUCED AND APPROVED UPON FIRST READING this 8th day of
March, 1988, 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 March, 1988, upon the following roll call vote:
AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER,
STRIGOTTE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTENTIONS: COUNCILMEMBERS: NONE
i
Leo J. Str otte, Mayor
ATTEST:
~~ O
Vicki Lynn asad, City Clerk
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
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 March 8, 1988, and had its second reading on March 22, 1988, 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. 830, of said Council, and that the same
has not been amended or repealed.
DATED: March 23, 1988
~C \ (~~
CKI YNNE AD, ITY CL K
CITY OF I~AKC~ORE
(SEAL)
NO. 831
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AMENDING CERTAIN SECTIONS OF
CHAPTER 32 OF TITLE 17, OF THE LAKE ELSINORE
MUNICIPAL CODE, RELATING TO FENCING AND
DEVELOPMENT STANDARDS.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION ONE:
In order to clarify certain provisions, introduce new
standards, and provide requirements which are more closely
related to community needs;
Certain portions of Chapter 32 of Title 17 of the Lake
Elsinore Municipal Code are hereby amended to read as follows:
"Section 17.32.080 Fences, Walls, and Hedges
Fences, walls, hedges or combination thereof shall be required
for installation on each lot within this district subject to the
following provisions:
"A. Location. Fences, walls, hedges or any combination thereof
shall be erected along the perimeter boundary of each mobile
home lot, lots containing recreation facilities and mobile
home subdivision boundary.
"B. Height. Fences, walls, hedges or combination thereof shall
not be less than five feet (5') in height nor more than six
feet six inches (6'6") in height within or along each side
or rear yard of a mobile home lot. The height shall be
reduced to three feet (3') within or along the required
front yard depth. The height of any mobile home subdivision
perimeter fencing shall not be less than six feet (6') in
height except where lesser height is required for sight
vision purposes.
"C. Materials Permitted. Fencing materials shall be limited to
follows:
1. Solid fencing shall consist of concrete masonry units,
slumpstone, stucco or wood. Mobile home subdivision
exterior walls shall be of decorator masonry only.
2. Decorator wrought iron fencing to include combination
with masonry columns may be used for individual lots;
landscaping shall be planted abutting such fencing.
3. Chain link fencing may be used for individual lots only
when in combination with landscape materials. Landscape
plans shall be subject to review and approval of the
Community Development Director or his designee."
"Section 17.32.120.M.5. - All mobilehomes shall have roof
material that is Class "A" fire
retardant, and have an eave and gable
overhang of no less than twelve inches
(12"), except where a porch, awning,
.carport and/or patio cover or similar
such structures are to be installed."
"Section 17.32.120.M.6.
SECTION TWO:
- All porches, awnings, carports and/or
patio covers or similar such
structures shall be architecturally
compatible in color and design to the
basic mobile home. Metal awnings used
for porch roofing, carports or patio
covers shall have a roof color similar
to that of the basic home roof. Ends
and sides of these structures shall be
treated with a fascia board to match
the trim used upon the fascia of the
mobile home. Support columns shall be
painted to match the trim of the
mobile home as well. To the extent
practical similar slopes or pitches
used for the mobile home roof should
be used for the awnings, carports and
patio covers."
This ordinance shall take effect as provided by law.
INTRODUCED AND APPROVED UPON FIRST READING this 22nd day
March, 1988, upon the following roll call vote:
AYES: COUNCILMENBERS: DOMINGUEZ, MATSON, VERMILLION,
WINKLER, STRIGOTTE
NOES: COUNCILMEMBERS: NONE
ABSENT:
NONE
ABSTENTIONS: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th
day of April, 1988, upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN,
WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTENTIONS: COUNCILMEMBERS: NONE
r
J m Winkler, ayor
ATTEST: APPROVED AS TO FORM AND LEGALITY:
~,~
Vicki Lynne :asad, City Clerk
(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 March 22, 1988, and had its second reading on April 26, 1988, and
was passed by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY,
WASHBURN, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
VICKI LYNNE SA , CITY CLERK
CITY OF LAK LLSINORE
(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. 831, of said Council, and that the same
has not been amended or repealed.
DATED: April 27, 1988
~,
VICKI LYi3N D, CLERK
CITY OF LA ~` ET,SINORE
(SEAL)
ORDINANCE NO. 832
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, RESCINDING EXISTING CHAPTER 64
OF TITLE 15 OF THE LAKE ELSINORE MUNICIPAL
CODE (ORDINANCE N0. 791) AND ADDING A NEW
CHAPTER 64 TO TITLE 15 TO SAID CODE WHICH
SHALL BE KNOWN;IAS "FLOOD DAMAGE PREVENTION."
SECTION ONE: STATUTORY AUTHORIZATION
The Legislature of the State of California has in
Government Code Sections 65302, 65560 and 65800 conferred upon
local government units authority to adopt regulations designed to
promote the public health, safety, and general welfare of its
citizenry.
SECTION TWO: FINDINGS OF FACT
A. The flood hazard areas of the City of Lake Elsinore
are subject to periodic inundation which results in
loss of life and property, health and safety hazards,
disruption of commerce and governmental services,
extraordinary public expenditures for flood protection
and relief, and impairment of the tax base, all of
which adversely affect the public health, safety and
general welfare.
B. These flood losses are caused by the cumulative effect
of obstructions in areas of special flood hazards
which increase flood heights and velocities, and when
inadequately anchored, .damage uses in other areas.
Uses that are inadequately floodproofed, elevated or
otherwise protected from flood damage also contribute
to the flood loss.
SECTION THREE: STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public
health, safety, and general welfare, and to minimize public and
private losses due to flood conditions in specific areas by
provisions designed:
A. To protect human life and health;
B. To minimize expenditure of public money for costly
flood control projects;
C. To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at
the expense of the general public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone and
sewer lines, streets and bridges located in areas of
special flood hazard;
F. To help maintain a stable tax base by providing for
the second use and development of areas of special
flood hazard so as to minimize future flood blight
areas;
G. To insure that potential buyers are notified that
property is in an area of special flood hazard; and
H. To insure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
I. 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 Program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
The existing Chapter 64 of Title 15 of the Lake Elsinore
Municipal Code, Ordinance No. 791, 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
Damage Prevention" Ordinance.
SECTION FOUR:
This ordinance shall take effect as provided by law.
AND PASSED UPON FIRST READING this 26th day of
April, 1988, upon the following roll call vote:
AYES: COUNCILMEMBERS: Buck, Dominguez, Starkey, Washburn,
Winkler
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTENTIONS: COUNCILMEMBERS: None
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
10th day of May, 1988, upon the following roll call vote:
AYES: COUNCILMEMBERSS Buck, Dominguez, Starkey, Washburn, Winkler
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTENTIONS: COUNCILMEMBERS: None
ATTEST:
Vicki Lynne asad, City Jerk
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
ohn 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 April 26, 1988, and had its second reading on May lo, 1988, and
was passed by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY,
WASHBURN, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
I~ N KAS~D,~ LERK
CITY OF I,AK 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. 832, of said Council, and that the same
has not been amended or repealed.
DATED: May 12, 1988
CKI LYNNE SAD, CITY C ERK
CITY OF LAKE ELSINORE
(SEAL)
CHAPTER 15.64
FLOOD DAMAGE PREVENTION
Sections:
15.64.010 Statutory Authorization
15.64.020 Findings of Fact
15.64.030 Statement of Purpose
15.64.040 Methods of Reducing Flood Losses
15.64.050 Definitions
15.64.060 General Provisions
15.64.070 Administration - Establishment of
Development Permit
15.64.080 Designation of Floodplain Administrator
15.64.090 Duties and Responsibilities of Floodplain
Administrator
15.64.100 Provisions for Flood Hazard Reduction -
Standards of Construction
15.64.110 Provisions for Flood Hazard Reduction -
Standards for Utilities
15.64.120 Provisions for Flood Hazard Reduction -
Standards for Subdivisions -
15.64.130 Provisions for Flood Hazard Reduction -
Staridards for Manufactured Homes
15.64.140 Provisions for Flood Hazard Reduction -
Floodways
15.64.150 Variance Procedure - Appeal Board
15.64.160 Conditions for Variances
15.64.010 Statutory Authorization. The legislature of the State
of California has in Government Code Sections 65302, 65560 and
65800 conferred upon local government units authority to adopt
regulations designed to promote the public health, safety, and
general welfare of its citizenry. Therefore, the City Council of
the City of Lake Elsinore does ordain as follows:
15.64.020 Findinas of Fact.
A. The flood hazard areas of the City of Lake Elsinore are
subject to periodic inundation which results in loss of life
and property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment
of the tax base, all of which adversely affect the public
health, safety and general welfare.
B. These flood losses are caused by the cumulative effect of
obstructions in areas. of special flood hazards which increase
flood heights and velocities, and when inadequately anchored,
damage uses in other areas. Uses that are inadequately
floodproofed, elevated or otherwise protected from flood
damage also contribute to the flood loss.
15.64.030 Statement of Purpose. It is the purpose of this
ordinance to promote the public health, safety, and general
welfare, and to minimize public and private losses due to flood
conditions in specific areas by provisions designed:
A. To protect human life and health;
B. To minimize expenditure of public money for costly flood
control projects;
C. To minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the
general public;
D. To minimize prolonged business interruptions;
EXHTBTT "A"
E. To minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone and sewer lines,
streets and bridges located in areas of special flood hazard;
F. To help maintain a stable tax base by providing for the
second use and development of areas of special flood hazard
so as to minimize future flood blight areas;
G. To insure that potential buyers are notified that property is
in an area of special flood hazard; and
H. To--insure that -those who occupy the areas of-special flood
hazard assume responsibility for their actions.
15.64.040 Methods of Reducina Flood Losses. In order to
accomplish its purposes, this ordinance includes methods and
provisions for:
A. Restricting or prohibiting uses which are dangerous to
health, safety, and property due to water or erosion hazards,
or which result in damaging increases in erosion or flood
heights or velocities;
B. Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood
damage at the time of initial construction;
C. Controlling .the alteration of natural floodplains, stream
channels, and natural protective barriers, which help
accommodate or channel flood waters;
D. Controlling filling, grading, dredging, and other development
which may increase flood damage; and,
E. Preventing or regulating the construction of flood barriers
which will unnaturally divert flood waters or which may
increase flood hazards in other areas.
15.64.050 Definitions.
A. Unless specifically defined below, words or phrases used in
this ordinance shall be interpreted so as to give them the
meaning they have in common usage and to give this ordinance
its most reasonable application.
1. "A~oeal" means a request for a review of the Floodplain
Administrator's interpretation of any provision of this
ordinance or a request for a variance.
2. "Area of shallow floodina" means a designated AO or AH
Zone on the Flood Insurance Rate Map (FIRM). The base
flood depths range from one to three feet; a clearly
defined channel does not exist; the path of flooding is
unpredictable and indeterminate; and velocity flow may be
evident.
3. "Area of special flood hazard" - See "Special flood
hazard area."
4. "Base flood" means the flood having a one percent chance
of being equaled or exceeded in any given year (also
called the "100-year Flood").
5. "Basement" means any area of the building having its
floor subgrade (below ground level) on all sides.
6. "Breakawav walls" are any type of walls, whether solid or
lattice, and whether constructed of concrete, masonry,
wood, metal, plastic or any other suitable building
material which is not part of the structural support of
the building and which is designed to break away under
abnormally high tides or wave action without causing any
damage to the structural integrity of the building on
which they are used or any buildings to which they might
be carried by flood waters. A breakaway wall shall have
a safe design loading resistance of not less than ten and
no more than twenty pounds per square foot. Use of
breakaway walls must be certified by a registered
engineer or architect and shall meet the following
conditions:
a. Breakaway wall collapse shall result from a water
load less than that which would occur during the base
flood; and
b. The elevated portion of the building shall not incur
any structural damage due to the effects of wind and
water loads acting simultaneously in the event of the
base flood.
7. "Development" means any man-made change to improved or
unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations.
8. "Flood or floodina" means a general and temporary
condition of partial or complete inundation of normally
dry land areas from (1) the overflow of flood waters, (2)
the unusual and rapid accumulation or runoff of surface
waters from any source, and/or (3) the collapse or
subsidence of land along the shore of a lake or other
body of water as a result of erosion or undermining
caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an
unusually high water level in a natural body of water,
accompanied by a severe storm, or by an unanticipated
force of nature, such as flash flood or an abnormal tidal
surge, or by some similarly unusual and unforeseeable
event which results in flooding as defined in this
definition.
9. "Flood Boundarv and Floodwav Map" means the official map
on which the Federal Emergency Management Agency or
Federal Insurance Administration has delineated both the
areas of flood hazard and the floodway.
10. "Flood Insurance Rate Map FIRM " means the official map
on which the Federal Emergency Management Agency or
Federal Insurance Administration has delineated both the
areas of special flood hazards and the risk premium zones
applicable to the community.
11. "Flood Insurance Studv" means the official report
provided by the Federal- Insurance Administration that
includes flood profiles, the FIRM, the Flood Boundary and
Floodway Map, and the water surface elevation of the base
flood.
12. "Floodplain or flood-prone area" means any land area
susceptible to being inundated by water from any source
(see definition of "Flooding").
13. "Floodplain manaaement" means the operation of an overall
program of corrective and preventive measures for
reducing- flood- damage, including but not limited to
emergency preparedness plans, flood control works and
floodplain management regulations.
14. "Floodplain manaaement reaulations" means zoning
ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as
floodplain ordinance, grading ordinance and erosion
control ordinance) and other applications of police
power. The term describes such state or local
regulations in any combination thereof, which provide
standards for the purpose of flood damage prevention and
reduction.
15. "Floodproofina" means any combination of structural and
nonstructural additions, changes, or adjustments to
structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary
facilities, structures and their contents.
16. "Floodwav" 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 foot. Also referred to as "Regulatory
-floodway."
17. "Functionally dependent use" means a use which cannot
perform its intended purpose unless it is located or
carried out in close proximity to water. The term
includes only docking facilities, port facilities that
are necessary for the loading and unloading of
passengers, but does not include long-term storage or
related manufacturing facilities.
18. "Highest adjacent arade" means the highest natural
elevation of the ground surface prior to construction
next to the proposed walls of a structure.
19. "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.
20. "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 floodplain management purposes the term
"manufactured home" also includes park trailers, travel
trailers and other similar vehicles placed on a site for
greater than 180 consecutive days.
21. "Manufactured home park or subdivision" means a parcel
(or contiguous parcels) of land divided into two or more
manufactured home lots for sale or rent.
22. "Mean sea .level" means, for purposes of the National
Flood Insurance Program, the National Geodetic Vertical
Datum (NGVD) of 1929 or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate
Map are referenced.
23. "New construction" means, for floodplain management
purposes, structures for which the "start of
construction" commenced on or after the effective date of
a floodplain management regulation adopted by this
community.
24. "One hundred year flood" or "100-year flood" means a
flood which has a one percent annual probability of being
equaled or exceeded. It is identical to the "base
flood", which will be the term used throughout this
ordinance.
25. "Person" means an individual or his agent, firm,
partnership, association or corporation, or agent of the
aforementioned groups, or this state or its agencies or
political subdivisions.
26. "Remedy a violation" means to bring the structure or
other development into compliance with state or local
floodplain management regulations, or, if this is not
possible, to reduce the impacts of its noncompliance.
Ways that impacts may be reduced include protecting the
structure or other affected development from flood
damages, implementing. the enforcement provisions of the
ordinance or otherwise deterring future similar
violations, or reducing federal financial exposure with
regard to the structure or other development.
27. "Riverine" means relating to, formed by, or resembling a
river (including tributaries),-stream, brook, etc.
28. "Special flood hazard area SFHA " means an area having
special flood or flood-related erosion hazards, and shown
on an FHBM or FIRM as Zone A, AO, Al-30, A99, or AH.
29. "Start of Construction" includes substantial improvement,
and means the date the building permit was issued,
provided the .actual start of construction, repair,
reconstruction, placement, 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 fora 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.
30. "Structure" means a walled and roofed building, including
a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home.
31. "Substantial improvement" means any repair, reconstruc-
tion, or improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the
structure either:
a. Before the improvement or repair is started; or
b. If the structure has been damaged, and is 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 external dimensions of the
structure. The term does not, however, include either:
c. 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
d. Any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of
Historic Places.
32. "Variance" means a grant of relief from the requirements
of this ordinance which permits construction in a manner
that would otherwise be prohibited by this ordinance.
33. "Violation" means the failure of a structure or other
development to be fully compliant with the community's
floodplain management regulations. A structure or other
development without the elevation certificate, other
certifications, or other evidence of compliance required
in this ordinance is presumed to be in violation until
such time as that documentation is provided.
15.64.060 General Provisions.
A. Lands To Which This Ordinance Applies. This ordinance shall
-apply to all--areas of -special flood hazards within the
jurisdiction of the City of Lake Elsinore.
B. Basis for Establishina the Areas of Special Flood Hazard.
The areas of special flood hazard identified by .the Federal
Emergency Management Agency or the Federal Insurance
Administration in a scientific and engineering report
entitled "Flood Insurance Study for City of Lake Elsinore,
California" dated November 19, 1987, with an accompanying
Flood Insurance Rate Map is hereby adopted by reference and
declared to be a part of this ordinance. This flood
Insurance Study is on file at City Hall, 130 South Main
Street, Lake Elsinore. This Flood Insurance Study is the
minimum area of applicability of this ordinance and may be
supplemented by studies for other areas which allow
implementation of this ordinance and which are recommended to
the City Council by the Floodplain Administrator.
C. Compliance. No structure or land shall hereafter be
constructed, located, extended, or altered without full
compliance with the terms of this ordinance and other
applicable regulations. Violations of the provisions of this
ordinance by failure to comply with any of its requirements
(including violations of conditions and safeguards
established in connection with conditions) shall constitute a
misdemeanor. Nothing herein shall prevent the City Council
from taking such lawful action as is necessary to prevent or
remedy any violation.
D. Abrogation and Greater Restrictions. This ordinance is not
intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where
this ordinance and another ordinance, easement, covenant, or
deed restriction conflict or overlap, whichever imposes the
more stringent restrictions shall prevail.
E. Interpretation. In the interpretation and application of
this ordinance, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and,
3. Deemed neither to limit nor repeal any other powers
granted under state statutes.
F. Warning and Disclaimer of Liabilitv. The degree of flood
protection required by this ordinance is considered
reasonable for regulatory purposes and is based on scientific
and engineering considerations. Larger floods can and will
occur on rare occasions. Flood heights may be increased by
man-made or natural causes. This ordinance does not imply
that land outside the areas of special flood hazards or uses
permitted within such areas will be free from flooding or
flood damages. This ordinance shall not create liability on
the part of the City , any officer or employee thereof, or
the Federal Insurance Administration, for any flood damages
that result from reliance on this ordinance or any
administrative decision lawfully made thereunder.
G. Severability. This ordinance and the various parts thereof
are hereby declared to be severable. Should any section of
this ordinance be declared by the courts to be
unconstitutional or invalid, such decision shall not affect
the validity of the ordinance as a whole, or any portion
thereof other than the section so declared to be
unconstitutional or invalid.
15.64.070 Administration -Establishment of Development Permit.
A Development Permit shall be obtained before construction or
development begins within any area of special flood hazards
established in Section 15.64.060.B. Application for a
Development Permit shall be made on forms furnished by the
Floodplain Administrator and may include;°but not be limited to:
plans in duplicate drawn to scale showing the nature, location,
dimensions, and elevation of the area in question; existing or
proposed structures, fill, storage of materials, drainage
facilities; and the location of the foregoing. Specifically, the
following information is required:
A. Proposed elevation in relation to mean sea level, of the
lowest floor (including basement) of all structures; in Zone
AO elevation of highest adjacent grade and proposed elevation
of lowest floor of all structures.
B. Proposed elevation in relation to mean sea level to which any
structure will be floodproofed;
C. All appropriate certifications listed in Section 15.64.090.D.
of this ordinance; and
D. Description of the extent to which any watercourse will be
altered or relocated as a result of proposed development.
15.64.080 Desianation of the Floodplain Administrator. The Chief
Building Official is hereby appointed to administer and implement
this ordinance by granting or denying development permits in
accordance with its provisions.
15.64.090 Duties and Responsibilities of the Floodplain
Administrator. The duties and responsibilities of the floodplain
administrator shall include, but not be limited to:
A. Permit review.
1. Review all development permits to determine that the
permit requirements of this ordinance have been
satisfied;
2. All other required state and federal permits have been
obtained;
3. The site is reasonably safe from flooding.
4. The proposed development does not adversely affect the
carrying capacity of areas where base flood elevations
have been determined but a floodway has not been
designated. For purposes of this ordinance, "adversely
affects" means that the cumulative effect of the proposed
development when combined with all other existing and
anticipated development will not increase the water
surface elevation of the base flood more than one foot at
any point.
B. Use of Other Base Flood Data. When base flood elevation data
has not been provided in accordance with Section
15.64.060.B., the Floodplain Administrator shall obtain,
review, and reasonably utilize any base flood elevation and
floodway data available from a Federal, State or other
source, in order to administer Section 15.64.100. Any such
information shall be submitted to the City Council for
adoption.
C. Whenever a watercourse is to be altered or relocated:
1. Notify adjacent communities and the California Department
of Water Resources prior to such alteration or relocation
of a watercourse, and .submit evidence of such
notification to the Federal Insurance Administration;
2. Require that the flood carrying capacity of the altered
or relocated portion of said watercourse is maintained.
D. Obtain and maintain for public inspection and make available
as needed:
1: The "certification required in° Section 15.64,100.0.1.
(floor elevations);
2. The certification required in Section 15.64.100.0.2.
(elevations in areas of shallow flooding);
3. The certification required in Section 15.64.100.C.3.c.
(elevation or floodproofing of nonresidential
structures);
4. The certification required in Section 15.64.100.C.4.a. or
15.64.100.C.4.b. (wet floodproofing standard);
5. The certification elevation required in Section
15.64.120.B. (subdivision standards); and
6. The certification required in Section 15.64.140.A.
(floodway encroachments).
E. Make interpretations where needed, as to the exact location
of the boundaries of the areas of special flood hazards (for
example, where there appears to be a conflict between a
mapped boundary and actual field conditions). The person
contesting the location of .the boundary shall be given a
reasonable opportunity to appeal the interpretation as
provided in Section 15.64.150.
F. Take action to remedy violations of this ordinance as
specified in Section 15.64.060.0. herein.
15.64.100 Provisions for Flood Hazard Reduction - Standards of
Construction. In all areas of special flood hazards the
following standards are required:
A. Anchoring
1. All new construction and substantial improvements shall
be anchored to prevent flotation, collapse or lateral
movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy.
2. All manufactured homes shall meet the anchoring standards
of Section 15.64.130.
S. Construction Materials and Methods.
1. All new construction and substantial improvements shall
be constructed with materials and utility equipment
resistant to flood damage.
2. All new construction and substantial improvements shall
be constructed using methods and practices that minimize
flood damage.
3. All new construction and substantial improvements shall
be constructed with electrical, heating, ventilation,
plumbing and air conditioning equipment and other service
facilities that are designed and/or located so as to
prevent water from entering or accumulating within the
components during conditions of flooding.
4. Require within Zones AH or AO, adequate drainage paths
around structures on slopes to guide flood waters around
and away from proposed structures.
C. Elevation and Floodproofing
1. New construction and substantial improvement of any
structure shall have the lowest floor, including
basement, elevated to at least one foot above the base
flood elevation. Nonresidential structures may meet the
standards in Section 15.64.100.0.3. Upon the completion
--of-the -structure --the-.elevation- of -the lowest -floor
including basement shall be certified by a registered
professional engineer or surveyor, or verified by the
City Building Inspector to be properly elevated. Such
certification or verification shall be provided to the
Floodplain Administrator.
2. New construction and substantial improvement of any
structure in Zone AO shall have the lowest floor,
including basement, elevated above the highest adjacent
grade at least one foot above the depth number specified
in feet on the FIRM, or at least two feet if no depth
number is specified. Nonresidential structures may meet
the standards in Section 15.64.100.0.3. Upon the
completion of the structure the elevation of the lowest
floor including basement shall be certified by a
registered professional engineer or surveyor, or verified
by a City Building Inspector to be properly elevated.
Such certification or verification shall be provided to
the Floodplain Administrator.
Nonresidential construction shall be either be elevated
in conformance with Section 15.64.100.0.1. or .2. or
together with attendant utility and sanitary facilities:
a. Be floodproofed so that below the base flood level
the structure is watertight with walls substantially
impermeable to the passage of water;
b. Have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of
buoyancy; and
c. Be certified by a registered professional engineer or
architect that the standards of this subsection are
satisfied. Such certifications shall be provided to
the Floodplain Administrator.
Require, for all new construction and substantial
improvements, that fully enclosed areas below the lowest
floor that are subject to flooding shall be designed to
automatically equalize .hydrostatic flood forces on
exterior walls by allowing for the entry and exit of
floodwaters. Designs for meeting this requirement must
either be certified by a registered professional engineer
or architect or meet or exceed the following minimum
criteria:
a. Either a minimum of two openings having a total net
area of not less than one square inch for every
square foot of enclosed area subject to flooding
shall be provided. The bottom of all openings shall
be no higher than one foot above grade. Openings may
be equipped with screens, louvers, valves or other
coverings or devices provided that they permit the
automatic entry and exit of floodwaters; or
b. Be certified to comply with a local floodproofing
standard approved by the Federal Insurance
Administration.
5. Manufactured homes shall also meet the standards in
Section 15.64.130.
15.64.110 Provisions for Flood Hazard Reduction - Standards for
Utilities.
A. All new and replacement water supply and sanitary sewage
systems shall be designed to minimize or eliminate
infiltration of flood waters into the system and discharge
from systems into flood waters.
B. On-site waste disposal systems shall be located to avoid
impairment to them or contamination from then during
flooding.
15.64.120 Provisions for Flood Hazard Reduction - 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 surveyor and provided
to the Floodplain Administrator.
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 subdivisions shall provide adequate drainage to reduce
exposure to flood hazards.
15.64.130 Provisions for Flood Hazard Reduction - Standards for
Manufactured Homes. All new and replacement manufactured homes
and additions to manufactured homes shall:
A. Be elevated so that the lowest floor is at least one foot
above the base flood elevation; and
B. Be securely anchored to a permanent foundation system to
resist flotation, collapse or lateral movement.
15.64.140 Floodways. .Located within area of special flood hazard
established in Section 15.64.060.B. are areas designated as
floodways. Since the floodway is an extremely hazardous area due
to the velocity of flood waters which carry debris, potential
projectiles, and erosion potential, the following provisions
apply:
A. Prohibit encroachments, including fill, new construction,
substantial improvements, and other 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 the base flood discharge.
B. If Section 15.64.140.A. is satisfied, all new construction
and substantial improvements shall comply with all other
applicable flood hazard reduction provisions of Section
15.64.100. through 15:64.140.
15.64.150 Variance Procedure - Appeal Board.
A. The City Council of the City of Lake Elsinore shall hear and
decide appeals and requests for variances from the
requirements of this ordinance.
B. The City Council shall hear and decide appeals when it is
alleged there is an error in any requirement, decision, or
determination made by the Floodplain Administrator in the
enforcement or administration of this ordinance.
C. In passing upon such applications, the City Council shall
consider all technical evaluations, all relevant factors,
standards specified in other sections of this ordinance, and:
1. The danger that materials may be swept onto other lands
to the injury of others;
2. The danger of life and property due to flooding or
erosion damage;
3. The susceptibility of the proposed facility and its
contents to flood damage and the-effect of such .damage. on
the individual owner;
4. The importance of the services provided by the proposed
facility to the community;
5. The necessity to the facility of a waterfront location,
where applicable;
6. The availability of alternative locations for the
proposed use which are not subject to flooding or erosion
damage;
7. The compatibility of the proposed use with existing and
anticipated development;
8. The relationship of the proposed use to the comprehensive
plan and floodplain management program for that area;
9. The safety of access to the property in time of flood for
ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of rise,
and sediment transport of the flood waters expected at
the site; and,
11. The costs of providing governmental services during and
after flood 'conditions, including maintenance and repair
of public utilities and facilities such as sewer, gas,
electrical, and water system, and streets and bridges.
D. Generally, variances may be issued for new construction and
substantial improvements to be erected on a lot of one-half
acre or less in size contiguous to and surrounded by lots
with existing structures constructed below the base flood
level, providing items 15.64.150.0.1. through 15.64.150.0.11.
have been fully considered. As the lot size increases beyond
one-half acre, the technical justification required for
issuing the variance increases.
E. Upon consideration of the factors of Section 15.64.150.0. and
the purposes of this ordinance, the City Council may attach
such conditions to the granting of variances as it deems
necessary to further the purposes of this ordinance.
F. The Floodplain Administrator shall maintain the records of
all appeal actions and report any variances to the Federal
Insurance Administration upon request.
15.64.160 Conditions for Variances.
A. Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed in the
National Register of Historic Places or the State Inventory
of Historic Places, without regard to the procedures set
forth in the remainder of this section.
B. Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood
discharge would result.
C. Variances shall only be issued upon a determination that the
variance is the minimum
hazard, to afford relief.
D. Variances shall only b.
Council that:
1. A showing of good and
2. A determination that
result in exceptional
necessary, considering the flood
a issued upon findings by the City
sufficient cause;
failure to grant the variance would
hardship to the applicant; and
A determination that-the granting of a variance will not
result in increased flood heights, additional threats to
public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of, the
public, or conflict with existing local laws or
ordinances.
E. Variances may be issued for new construction and substantial
improvements and for other development necessary for the
conduct of a functionally dependent use provided that the
provisions of Sections 15.64.160.A. through 15.64.160. D. are
satisfied and that the structure or other development is
protected by methods that minimize flood damages during the
base flood and create no additional threats to public safety.
F. Any applicant to whom a variance is granted shall be given
written notice that the structure will be permitted to be
built with a lowest floor elevation below the regulatory
flood elevation and that the cost of flood insurance will be
commensurate with the increased risk resulting from the
reduced lowest floor elevation. A copy of the notice shall
be recorded by the Floodplain Board in the office of the
Riverside County Recorder and shall be recorded in a manner
so that it appears in the chain of title of the affected
parcel of land.
ORDINANCE NO. 633
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, REZONING 0.88 ACRES LOCATED ON THE
SOUTHWEST CORNER OF GRAPE STREET AND RAILROAD
CANYON ROAD FROM R-1 (HPD) [SINGLE - FAMILY
RESIDENTIAL - HILLSIDE PLANNED DISTRICT] TO C-2
[GENERAL COMMERCIAL] ZONING DISTRICT (ZONE
CHANGE 88-1 - LEO A. LAURE/RICH BOYD).
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,
California, is hereby amended by changing, reclassifying and
rezoning the following described property, to wit:
0.53 acres
MB 002/102
0.32 acres
002/102 SD
(Asessor's
and -066)
M/L in
1/4 of
M/L in
S of S~
Parcel
Por
Sec
Por
ac 9
Num
Blocks F and 3
9 T6S R4WE and
Block 3 M/B
T6S R4WS.
oer 363-140-064
from R-1 (HPD) [Single-family Residential - Hillside Planned
Distrit] 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 24th
day of May, 1988, upon the following roll call vote:
AYESs COUNCILMEMBERS: BUCK, DOMINGUEZ, STAR KEY, WASHBURN, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ANBSTENTIONS: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
14th day of June, 1988, upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCK, DDMINGUEZ, STAR KEY, WASHBURN, WTNKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTENTIONS: COUNCILMEMBERS: NONE
im Winkler, ayor
ATTTEST:'
91
V
Vicki Lyn e Kasad, City Clerk
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
\~uvd1,
John R. arper 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,
I DO HEREBY CERTIFY that the foregoing Ordinance had its first reading
on May 24, 1988, and had its second reading on June 14, 1988, and
was passed by the following vote:
AYES: COUNCILMEMBERS:
VICKI L
CITY OF
(SEAL)
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
KAS D~CLERK
ELSINORE
___ STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
BUCK, DOMINGUEZ, STARKEY,
WASHBURN, WINKLER
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. 833, of said Council, and that the same
has not been amended or repealed.
DATED: May 12, 1988
CITY OF I;A~L ELSINORE
(SEAL)
ORDINANCE NO. 834
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, REZONING 8.38 ACRES LOCATED BETWEEN
INTERSTATE 15 AND CASINO DRIVE (VISTA DEL LAGO)
AT THE INTERSECTION OF FRANKLIN STREET FROM R-1
(HPD) [SINGLE-FAMILY RESIDENTIAL - HILLSIDE
PLANNED DISTRICT] TO R-3 [HIGH DENSITY RESIDEN-
TIAL] ZONING DISTRICT (ZONE CHANGE 88-3 -
CENTURY AMERICAN)
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,
California, is hereby amended by changing, reclassifying and
rezoning the following described property, to wit:
0.55 acres, 0.66 acres, 1.67 acres,
and 5.50 acres M/L in Por NW 1/4 of
Sec 9 T6S R4W.
(Assessor's Parcel Numbers 363-100-021,
363-100-032, 363-100-036, 363-100-041)
from R-1 (HPD) [Single-family Residential - Hillside Planned
District] to R-3 [High Density Residential] 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 R-3 Zone.
SECTION TWO.
This ordinance shall become effective as provided by
law.
INTRODUCED AND APPROVED UPON FIRST READING this 28th
day of June, 1988, upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STAR KEY, 6JINKLER
NOES: COUNCILMEMBERS
ABSENT:
NONE
. NONE
ANBSTENTIONS: COUNCILMEMBERS: WASHBURN
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
12th day of July, 1988, upon the following roll call vote:
AYES: CDUNCILMEMBERS: BUCK, DOMINGUEZ, STAR KEY, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: CDUNCILMEMBERS: NONE
ABSTENTIONS: COUNCILMEMBERS: WASNBURN
ATTEST:
Vicki Lyn a Kasad, City Clerk
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
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 28, 1988, and had its second reading on July 12, 1988, and
was passed by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY,
WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: WASHBURN
JICKI LYNN KASAD, CITY CLERK
CITY OF L1~ E EI,SINORE
(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. 834, of said Council, and that the same
has not been amended or repealed.
DATED: Jta1y 13, 1988
` ~~~-GIJ~C/
V C 2 LYPT L' ` SAD, CITY CLERK
CIiY OF KE ELSINORE
(SEAL)
ORDINANCE NO. 835
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADDING CHAPTER 16.25, VESTING
TENTATIVE MAPS, TO THE LAKE ELSINORE
MUNICIPAL CODE ESTABLISHING CRITERIA FOR
PROCESSING VESTING TENTATIVE MAPS.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION ONE. Short Title.
This Ordinance shall be known as the Vesting Tentative
Map Ordinance.
SECTION TWO.
There is hereby added to the Lake Elsinore Municipal
Code Chapter 25 of Title 16, as contained in Exhibit "A,"
attached hereto and made a part hereof, and shall be known and
may be cited as the "Vesting Tentative Map" Ordinance.
SECTION THREE:
This ordinance shall take effect as provided by law.
INTRODUCED AND PASSED UPON FIRST READING this 28th day
of June, 1988, upon the following roll call vote:
AYES: CDUNCILMEMBERS: BUCK, DDMINGUEZ, STAR KEY, WASHBURN, WINKLER
NOES: CDUNCILMEMBERS: NONE
ABSENT: CDUNCILMEMBERS: NONE
ABSTENTIONS: CDUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
12th. day of July, 1988, upon the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
CDUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN,
WINKLER
COUNCILMEMBERS: NONE
COUNCILP1EMBERS: NONE
CUUNCILMEMBERS: NONE
~~
Vicki Lyn a uasad, City Clerk
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
CHAPTER 16.25
VESTING TENTATIVE MAPS
SECTIONS:
16.25.010 Citation and Authority.
16.25.020 Purpose and Intent.
16.25.030 Definitions.
16.25.040 Compliance With City-Plans and Ordinances.
16.25.050 Applicability.
16.25.060 Filing and Processing.
16.25.070 Fees.
16.25.080 Expiration.
16.25.090 Vesting on Approval of Vesting Tentative Map.
16.25.100 Development Inconsistent With Zoning Conditional
Approval.
16.25.110 Applications Inconsistent With Current Policies.
Section 16.25.010 Citation and Authority. This Chapter is
enacted pursuant to the authority granted by Chapter 4.5
(commencing with Section 66498.1) of Division 2 of Title 7 of
the Government Code of the State of California (hereinafter
referred to as the Vesting Tentative Map Statute), and may be
cited as the Vesting Tentative Map Ordinance.
Section 16.25.020 Purpose and Intent. It is the purpose of this
Chapter to establish procedures necessary for the imple-
mentation of the Vesting Tentative Map Statute, and to
supplement the provisions of the Subdivision Map Act and the
Subdivision Ordinance. Except as otherwise set forth in the
provisions of this Chapter, the provisions of Title 16
Subdivisions shall apply to the Vesting Tentative Map Ordinance.
To accomplish this purpose, the regulations outlined in this
Chapter are determined to be necessary for the preservation of
the public health, safety and general welfare, and for the
promotion of orderly growth and development.
Section 16.25.030 Definitions.
A. Vestina Tentative Map. A "Vesting Tentative Map" shall mean
a "tentative map" for a residential and nonresidential sub-
division, as defined in Subdivisions, Title 16, that shall
have printed conspicuously on its face the words "Vesting
Tentative Map" at the time it is filed in accordance with
Subsection 16.25.060 and is thereafter processed in
accordance with the provisions thereof.
B. All other definitions set forth in Title 16, Subdivisions,
are applicable.
Section 16.25.040 Compliance with Citv Plans and Ordinances. No
land shall be subdivided and developed pursuant to a Vesting
Tentative Map for any purpose which is inconsistent with the
adopted General Plan and any applicable specific plan or not
permitted by the Zoning Ordinance or other applicable provisions
of the Municipal Code.
Section 16.25.050 Applicabilit
A. This Chapter shall apply to residential and nonresidential
developments. Whenever a provision of the Subdivision Map
Act, as implemented and supplemented by Title 16
Subdivisions, requires the filing of a tentative map or
tentative parcel map for a residential or nonresidential
development, a Vesting Tentative Map may instead be filed,
in accordance with the provisions hereof.
B. If a subdivider does not seek the rights conferred by the
Vesting Tentative Map Statute, the filing of a Vesting
Tentative Map shall not be a prerequisite to any approval
for any proposed subdivision, permit for construction, or
work preparatory to construction.
Section 16.25.060 Filina and Processina. A Vesting Tentative
Map shall be filed in the same form and have the same contents,
accompanying data and reports and shall be processed in the same
manner as set forth in Title 16 Subdivisions for a tentative map
except as hereinafter provided:
A. At the time a Vesting Tentative Map is filed, it shall have
printed conspicuously on its face the words "Vesting
Tentative Map" with letters not less than 1/2 inch (1/2") in
height in bold face type.
B. At the time a Vesting Tentative Map is filed, a subdivider
shall supply in addition the following; adequacy of the
submittals shall be determined by the City Engineer and
Community Development Director:
1. Location, height and area (as measured in square feet)
of any buildings proposed within the subdivisions.
2. Information on the uses to which the building and
property will be put.
3. Architectural schematics, including elevations and
drawings of the exteriors of all structures, conceptual
landscaping and proposed outdoor recreational areas as
contained in Title 17 Chapters 14 and 38.
4. Detailed site plan.
5. Sewer, water, storm drain and road details including
final grade and alignments shown on plans with a scale
not less than 1" = 100'.
6. Storm drain plan to show both on-site and off-site
storm runoff, water courses, channels, existing
channels and drainpipes, proposed facilities for
control of storm waters; and data as to the amount of
runoff and the approximate grade, dimensions and
capacity of proposed facilities for control of storm
waters.
7. Flood management studies in designated areas.
8. Detail grading plans not less than 1" = 100' assuring
that the project designed can be feasibly graded.
9. Geotechnical report assuring the project is in
conformance with City standards and can be feasibly and
safely graded and constructed.
l0. Traffic studies for fifty (50) units or more for
residential projects; 20,000 square feet or more of
cumulative space for commercial projects; and 20 acres
or more for industrial projects.
11. A phasing plan- for public facilities if phasing is
requested.
12. Copies of applicable development standards to be
imposed upon the property as set by the General Plan,
Specific Plan, current Zoning Ordinance or Municipal
Code.
Section 16.25.070 Fees. Upon filing a Vesting Tentative Map,
the subdivider shall pay the fees required by City Council
resolution for the filing and processing.
Section 16.25.080 Expiration. The approval or conditional
approval. of a Vesting Tentative Map shall expire at the end of
the same time period, and shall be subject to the same
extensions, established by Title 16 Subdivisions for the
expiration of the approval of or conditional approval of a
tentative map.
Section 16.25.090 Vestina on Approval of Vestina Tentative Map.
A. The approval or conditional approval of a Vesting Tentative
Map shall confer a vested right to proceed with development
-in -substantial-compliance-with the ordinances,•policies and
standards described in Government Code Subsection 66474.2.
However, if Section 66474.2 of the government Code is
repealed, the approval or conditional approval of a Vesting
Tentative Map shall confer a vested right to proceed with
development in substantial compliance with the ordinances,
policies and standards in effect at the time the Vesting
Tentative Map is approved or conditionally approved.
B. Notwithstanding Subsection 16.25.090.A, a permit approval,
extension, or entitlement may be made conditional or denied
if any of the following are determined:
1. A failure to do so would place the residents of the
subdivision or the neighborhood and community in a
condition dangerous to their health or safety or both.
2. The condition or denial is required, in order to comply
with State or Federal law.
C. The rights referred to herein shall expire if a final map is
not approved prior to the expiration of the Vesting
Tentative Map as provided in Subsection 16.25.080. If the
final map is approved, these rights shall last for the
following period of time:
1. An initial time period of one (1) year. Where several
final maps are recorded on various phases of a project
covered by a single Vesting Tentative Map, this initial
time period shall begin for each phase when the final
map for that phase is recorded.
2. The initial time period set forth in Section
16.25.090.0.1. shall be automatically extended by any
time used for processing a complete application for a
grading permit or for design or architectural review, if
such processing exceeds thirty (30) days, from the date
a complete application is filed.
3. A subdivider may apply for a one (1) year extension at
any time before the initial time period set forth in
Section 16.25.090.0.1. expires. If the extension is
denied, the subdivider may appeal that denial to the
City Council within fifteen (15) days.
4. If the subdivider submits a complete application for a
building permit during the periods of time specified in
Section 16.25.090.0.1. through 16.25.090.0.3, the rights
referred to herein shall continue until the expiration
of that permit, or any extension of that permit.
Section 16.25.100 Development Inconsistent With Zonina
Conditional Approval.
A. Whenever a subdivider files a Vesting Tentative Map for a
subdivision whose intended development is inconsistent with
the General Plan or Zoning Ordinance in existence at that
time, that inconsistency shall be noted on the map. The
City shall deny such a Vesting Tentative Map or approve it
conditioned on the subdivider, or his or her designee,
obtaining the necessary change in the General Plan and/or
Zoning Ordinance to eliminate the inconsistency. If the
change is obtained, the approved or conditionally approved
Vesting Tentative Map shall, nothwithstanding Subsection
16.25.090.A, confer the vested right to proceed with the
development in substantial compliance with the change in
General Plan and/or the Zoning Ordinance and the Map, as
approved.
B. The rights conferred by this Section shall be for the time
periods set forth in Subsection 16.25.090.C.
Section 16.25.110 Applications Inconsistent With Current
Policies. Notwithstanding any provisions of this Chapter, a
property owner or his or her designee may seek approvals or
permits for development which depart from the ordinances,
policies and standards described in Subsection 16.25.090.A and
16.25.100, and the City may grant these approvals or issue these
permits to the extent that the departures are authorized under
applicable law.
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 28, 1988, and had its second reading on July 12, 1988, and
was passed by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY,
WASHBURN, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
~F
I LY SAD', CITY CLERK
CITY OF . ~Cr. ELSINORE
(SEAL)
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. 835, of said Council, and that the same
has not been amended or repealed.
DATED: July 13, 1988
VICK LYN S D, C TY CLERK
CITY OF E ELSINORE
(SEAL)
ORDINANCE NO. 836
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, REZONING 21.71 ACRES BOUNDED BY
CENTRAL, DEXTER, AND CAMBERN AVENUES, WEST OF
CRANE STREET FROM R-R-O AND C-P-S COUNTY ZONING
DISTRICTS TO C-2 (GENERAL COMMERCIAL) ZONING
DISTRICT (ZONE CHANGE 88-2: NEIL M. CLEVELAND/
ROGER W. EPPERSON)
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,
California, is hereby amended by changing, reclassifying and
rezoning the following described property, to wit:
14.01 acres in Lots 2, 3, and 4, Block
17, MB 005/105 North Elsinore Tract;
7.70 acres in Lots A, B, C, K, L, M,
N, O, P, Por Q, Por R, Por S, Por T
MB 014/009 Famlee TR.
(Assessor's Parcel Numbers 377-030-014
through -022, -029, -031, -032, 044, -049,
051, -052, -053, -054, -055; 377-090-009)
from R-R-O and C-P-S County Zoning Districts 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 12th
day of July, 1988, upon the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
BUCK, DOMINGUEZ, STAR KEY, WASNBURN,
WINKLER
NONE
ABSENT: COUNCILMEMBERS:
NONE
ANBSTENTIONS: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
26th day of July, 1988, upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCK, DDMINGUEZ, STAR KEY, WASHBURN, WINKLER
NOES: CDUNCILMEMBERS: NONE
ABSENT: CDUNCIL61EMBERS: NONE
ABSTENTIONS: CDUNCILMEMBERS: NONE
im Winkler, Mayor
ATTEST:
~O
Vicki Lv e Kasad, City Clerk
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
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 July 12, 1988, and had its second reading on July 26, 1988, and
was passed by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY,
WASHBURN, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
VI(YN KASADC\~ CLERK
CITY OF E 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. 836, of said Council, and that the same
has not been amended or repealed.
DATED: July 29, 1988
VICKI LYN SADC\~ CLERK
CITY OF KE ELSINORE
(SEAL)
ORDINANCE N0. 837
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AMENDING SECTION 17.54.030 TO
ADD CHURCHES AS A USE PERMITTED SUBJECT TO
A CONDITIONAL USE PERMIT.
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 "U" thereto to read as
follows:
"U. Churches locating in an existing C-M structure
on a temporary basis subject to the following in
addition to all other conditions of a Use
Permit:
"1. Provide restrictions on church operational
hours so it does not interfere with other
C-M uses.
"2. The use may be permitted a maximum number of
two (2) years with no extensions and subject
to annual review.
"3. Churches may not be located within 100 feet
(100') from a M-1 zoned property.
"4. No two (2) churches shall be located within
1,000 feet (1,000') of one another within a
C-M Zone.
"5. Meet all local and state building occupancy
requiremments.
"6. Compliance with requirements of Section
17.66.070 regarding provisions for shared
and off-site parking."
SECTION TWO:
This ordinance shall become effective as provided by
law.
INTRODUCED AND APPROVED UPON FIRST READING this 26th
day of July, 1988, upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCK, DOMIN~UEZ, STAR KEY, WASF'BURN,
WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTENTIONS: COUNCILMEMBERS: NONE
PASSED, APPROVED, AND AOPTED this 9TH day of
August, 1988, upon the following roll call vote:
AYES: CDUNCILMEMBERS: BUCK, DDMINGUEZ, STARKEY, WASHBURN, WINKLER
NOES: CDUNCILMEMBERS: NONE
ABSENT: CDUNCILMEMBERS: NONE
ABSTENTIONS: CDUNCILMEMBERS: NONE
Jim Winkler, ayor
ATTEST:
is i' Ly ..e asad, City Clerk
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
L~
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 July 26, 1988, and had its second reading on August 9, 1988, and
was passed by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY,
WASHBURN, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
VICKI LYN ?r ( I~ITY CLERK
CITY OF KE 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. 837, of said Council, and that the same
has not been amended or repealed.
DATED: August 10, 1988
~~YN D~ CLERK
CITY OF La E ELSINORE
(SEAL)
ORDINANCE N0. 838
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, REZONING 0.33 ACRES LOCATED ON THE
SOUTH SIDE OF JOY STREET APPROXIMATELY 150 FEET
FROM RIVERSIDE DRIVE FROM R-3 (HIGH DENSITY
RESIDENTIAL) TO C-P (COMMERCIAL PARK) ZONING
DISTRICT (ZONE CHANGE 88-5 - LEONARD F.
DAVIDSON)
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,
California, is hereby amended by changing, reclassifying and
rezoning the following described property, to wit:
0.33 acres, Lot 8 and Lot 10 MB 011/016
Waldvoger Tract
(Assessor's Parcel Numbers 379-192-004,
379-192-005)
from R-3 (High Density Residential) to C-P (Commercial Park)
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-P Zone.
SECTION TWO.
This ordinance shall become effective as provided by
law.
INTRODUCED AND. APPROVED UPON FIRST READING this 9th
day of August, 1988, upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCK, DDMINGUEZ, STAR KEY, WASHBURN, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ANBSTENTIONS: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
23rd day of Auqust, 1988, upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STAR KEY, WASHBURN, WINKLER
NOES: COUNCILMEMBERS: NONE
'ABSENT: CDUNCILMEMBERS: NONE
ABSTENTIONS: CDUNCILMEMBERS: NONE
Jim Winkler, Mayor
ATTEST:
~L~
Vicki "Lyn a Kasad, Ci y Clerk
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
~~
John R. Harper, ity 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 9, 1988, and had its second reading on Auqust 23, 1988,
and was passed by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY,
WASHBURN, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
~~h-LYNN ~.P~S~ CLERK
CITY OF LA E 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. 838, of said Council, and that the same
has not been amended or repealed.
DATED: August 24, 1988
LYNNE KASACL
ERK
CITY OF LARr; ELSINORE
(SEAL)
ORDINANCE N0. 839
AN ORDINANCE OF THE CITY
CALIFORNIA, REZONING 0.34 AC
EAST SIDE OF ILLINOIS STREET
FEET SOUTH OF LAKESHORE DRIVE
DENSITY RESIDENTIAL) TO C-P
ZONING DISTRICT (ZONE CHANGE
DAVIDSON)
OF LAKE ELSINORE,
RES LOCATED ON THE
APPROXIMATELY 106
FROM R-3 (HIGH
(COMMERCIAL PARK)
88-6 - LEONARD F.
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,
California, is hereby amended by changing, reclassifying and
rezoning the following described property, to wit:
0.34 acres, Lot 74, Lot 75, and Lot 76
MB 011/075Country Club Heiqhts Unit #1
(Assessor's Parcel Numbers 379-213-003,
379-213-004, 379-213-005)
from R-3 (High Density Residential) to C-P (Commercial Park)
Zoning District, and the said real property shall hereafter be
subject to the provisions and regulations of the Zoninq
Ordinance relating to property located within such C-P Zone.
SECTION TWO.
This ordinance shall become effective as provided by
law.
INTRODUCED AND APPROVED UPON FIRST READING this 9th
day of August, 1988, upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCK, DDMINGUEZ, STAR KEY, bJASHBURN, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ANBSTENTIONS: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
23rd day of August, 1988, upon the following roll call vote:
AYES: CDUNCILMEMBERS: BUCK, DDMINGUEZ, STARKEY, WASHBURN, WINKLER
NOES: CDUNCILMEMBERS: NONE
ABSENT: CDUNCILMEMBERS: NONE
ABSTENTIONS: CDUNCILMEMBERS: NONE
ATTEST:'
Vicki L e YCasad, City Clerk
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
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 9, 1988, and had its second reading on August 23, 1988,
and was passed by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY,
WASHBURN, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
VICKI LYNDIF S D, C LERK
CITY OF LAK ELSIPiORE
(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. 839, of said Council, and that the same
has not been amended or repealed.
DATED: August 24, 1988
~,
~IICY.I LYNNr SA , CITY C ERK
CITY OF LAK ELSINJRE
(SEAL)
ORDINANCE NO. 840
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE AMENDING
CHAPTER 5.40 RELATING TO COMMUNITY
ANTENNA TELEVISION SYSTEMS.
WHEREAS, Chapter 5.40 of the Lake Elsinore Municipal Code
defines the rules and regulations governing television systems,
franchises, and community antennas; and
WHEREAS, the City of Lake Elsinore desires to continue to
offer all present and future residents of Lake Elsinore quality
community antenna television service; and
WHEREAS, the City of Lake Elsinore desires to implement
certain changes in the requirements for the granting of a
franchise therefore.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE DOES HEREBY ORDAIN AS FOLLOWS:
1. That the foregoing Recitals are true and correct;
2. That a duly noticed public hearing was held at which
testimony was taken and considered;
3. That the Lake Elsinore Municipal Code is hereby
--- amended as follows:
SECTION 5.40.131:
It shall be unlawful for the owner of any privately-owned
area which includes a proposed public street on any
tentative subdivision map approved by the City to fail to
grant access to utility trenches including utility
trenches from proposed public streets to individual homes
or home sites in such a privately-owned area to each
franchisee under this ordinance on terms no less
favorable than the terms offered to any other utility or
franchisee.
SECTION 5.40.132:
Grantee shall at all times during the life of any
franchise provide broadcast quality equipment and
necessary personnel to maintain and operate live color
of each meeting of the City of Lake Elsinore City Council
from the City of Lake Elsinore Council Chambers, and such
PAGE TWO - ORDINANCE NO. 840
other downtown location as may be requested by the City
of Lake Elsinore. This programming will be made
available to all residents served by Grantee.
SECTION 5.40.133:
Grantee shall at all times during the life of any
franchise maintain studio facilities and a business
office within the Franchise Area. The business office
shall be open during all normal business hours and shall
be equipped and staffed to allow customers to make
billing inquiries, pay bills, order or cancel services,
receive or return converter devices, and to dispatch
service personnel and equipment.
INTRODUCED AND APPROVED UPON FIRST READING this 23rd
day of August, 1988 upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCK, DOf1INGUEZ, STAR KEY, WASHBURN, WIfJKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PJONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
13th day of September, 1988 upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
NONE
NONE
NONE
AT7'ES T :.
VICKI L"YN ~ KASP.D, CITY CLERK
f
APPRGVEU AS TO FORM & LEGALITY:
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 23, 1988, and had its second reading on September 13, 1988
and was passed by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY,
WASHBURN, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
VICKI LYN. KASAD, CITY CLERK
CITY OF LA ELSIDFORE
(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. 840, of said Council, and that the same
has not been amended or repealed.
DATED: September 14, 1988
.VICKI LYNN KASAD~LERK
CITY OF L.A.. ~:~ ELSINORE
(SEAL)
NO. 841
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE RELATING
TO UNDERGROUNDING OF CABLE TV AND
PROVIDING CABLE TV SERVICES.
WHEREAS, the City of Lake Elsinore desires to minimize
the disruption to city streets once they have been dedicated to
public purposes; and
WHEREAS, the City of Lake Elsinore desires to require
that developers provide cable TV services at the same time as
property is initially developed; and
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That the foregoing Recitals are true and correct;
2. That following a proper, noticed public hearing, at
which ..testimony .was taken and considered,•Section 16.46 of the
City of Lake Elsinore Municipal Code is hereby added as follows:
SECTION 16.46•
When the tentative map indicates that underground power
and/or communication utility systems are to be provided,
the subdivider shall determine whether the subdivision is
within the geographical area granted by the City of Lake
Elsinore to a franchisee for the placement of a cable
television system. In the event the subdivision is
within such a geographical area, the final map of any
such subdivision shall not be approved until the
subdivider submits evidence that is:
(a) has notified each such franchisee that the
subdivision is within its franchise area, that
underground utility trenches are to be open as
of an estimated date, and that the franchisee will
be allowed access to such trenches, including
trenches from proposed streets to individual homes
or home sites, on specified terms and conditions
which shall be no less favorable to franchisee than
to any other franchisee or utility;
(b) has received a written notification from each
franchisee that the franchisee intends to install
PAGE TWO - ORDINANCE NO. 841
its facilities during the open trench period on the
specified terms and conditions, or such other terms
and conditions as are mutually agreeable to
subdivider and franchisee, or has received no reply
from a franchisee within twenty-one days after its
__. notification to such franchisee, in which case the
franchisee will be deemed to have waived to
opportunity to install its facilities during the
open trench period. In the event that a final tract
map has already been approved prior to the date of
this ordinance for any subdivision within the
geographical area granted to a franchisee, the City
shall not approve any building permit or other
request for final approval relating to the
subdivision until the subdivider has complied with
the foregoing.
INTRODUCED AND APPROVED UPON FIRST READING this 23rd
day of August, 1988 upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STAR KEY, WASHBURN, WINKLER
NOES: COUNCILMEMBERS: fJONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
13th day of September, 1988 upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCK, DOf~INGUEZ, STARKEY, WASf96URN, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
i WINKLER,
TTEST:
VICKI LYNN K~'~SAD, CITY LERK
APPROVED AS 'I{O FORM & LEGALITY:
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 23, 1988, and had its second reading on September 13, 1988
and was passed by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY,
WASHBURN, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
ICKI LYNNE A , CITY CLERK
CITY OF LA ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, Vioki 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. 841, of said Council, and that the same
has not been amended or repealed.
DATED: September 14, 1988
VICKI LYNNE KASAD, CITY CLER
CITY OF LAK ELSINORE
__ .(SEAL)
N0. 842
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
AMENDING CHAPTER 17.44, C-1 (NEIGHBORHOOD COMMERCIAL
ZONE), TO ADD CHURCHES, HOTELS AND MOTELS AS A USE
PERMITTED SUBJECT TO A CONDITIONAL USE PERMIT, AMEND-
ING CHAPTER 17.48, C-2 (GENERAL COMMERCIAL ZONE), TO
ADD HOTELS AND MOTELS AS PERMITTED USES, AND TO ADD
CHURCHES AS A USE PERMITTED SUBJECT TO A CONDITIONAL
CONDITIONAL USE PERMIT.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI-
FORNIA, DOES ORDAIN AS FOLLOWS:
SECTION ONE:
Section 17.44.030 of Chapter 44, Title 17, of the
Lake Elsinore Municipal Code is hereby amended to include
churches, hotels and motels as uses permitted in the "C-1"
District subject to a Conditional Use Permit and shall read as
follows:
"Section 17.44.030 Uses Subiect to a Conditional Use Permit.
It is recognized that certain uses while similar in
characteristics to Permitted Uses in Section 17.40.020 may
have the potential to impact surrounding properties and
therefore require additional approval and consideration.
Such uses to be permitted in the "C-1" District shall require
a Use Permit pursuant to Chapter 17.74 and shall include the
following:
A. Automatic car washes; provided they shall be located
a minimum of two hundred (200) feet from any
residential use.
B. Bars or cocktail lounges; not in conjunction with a
restaurant.
C. Churches.
D. Drive-through or drive-in establishments; provided a
safe and efficient circulation system can be provided
completely on-site.
E. Game arcades; includes any establishment having five
or more mechanical or electronic games of chance,
skill or entertainment, whether as the primary use or
in conjunction with another busi- ness, but excluding
vending machines dispensing a product for sale.
F. Gasoline dispensing establishments, subject to the
provisions of Chapter 17.38
G. Hotels.
H. Mortuaries.
I. Motels.
J. Private clubs and lodges.
K. Restaurants and eating places with outside eating
areas.
L. Small animal veterinary clinics subject to the
following addition to all other conditions of the Use
Permit:
1. Treatment of animals is restricted to dogs, cats
and other small domesticated animals and birds.
2. The operation shall be conducted in a completely
enclosed and sound controlled building in such a
way as to produce no objectionable noises or odors
outside its walls.
3. There shall be no outdoor runs or animal holding
areas.
4. There shall be no boarding of animals other than
as necessary for recuperation of patients.
5. The clinic shall have direct access from the park-
ing area.
M. Structures exceeding the maximum height permitted by
Section 17.44.060.
SECTION TWO:
Section 17.48.020 of Chapter 48 of Title 17 of the
Lake Elsinore Municipal Code is hereby amended to include hotels
and motels as permitted uses in the "C-2" District and shall read
as follows:
"Section 17.48.020 Permitted Uses. Uses permitted in the
"C-2" District shall include those businesses listed below
which operate in compliance with the intent and standards of
this district and are conducted entirely within a completely
enclosed building. Each business shall be evaluated in terms
of its operational character- istics and specific site
location.
A. Adult entertainment facilities subject to the
provisions of Chapter 17.70.
B. All permitted uses of the "C-O" and "C-1" Districts as
contained within Sections 17.40.020 and 17.44.020.
C. Antique shops and auction galleries.
D. Bowling alleys; provided they comply with the
requirements of Chapter 17.66, Parking Requirements.
E. Bus depots and transit stations.
F. Department stores.
G. Floor covering shops.
H. Furniture stores.
I. Home improvement centers.
J. Hotels.
K. Motels.
L. Sale of motor vehicle, motorcycle and recreational
vehicle parts and accessories and service incidental
to the sale of parts.
M. Skating rinks; provided they comply with the
requirements of Chapter 17.66, Parking Requirements.
N. Second hand and thrift shops.
O. Service businesses similar to retail stores which do
not involve warehousing or storage, except accessory
storage of commodities sold at retail on the premises.
P. Theaters; provided they comply with the requirements
of Chapter 17:66,-Parking Requirements.
Q. Other uses that the Planning Commission finds by
resolution to be in accord with the purpose of this
Chapter and having characteristics similar to those
uses listed in this Section. A list of these uses
shall be maintained in the Planning Department for
future reference."
SECTION THREE:
Section 17.48.030 of Chapter 48 of Title 17 of the
Elsinore Municipal Code is hereby amended to include churches as
uses permitted in the "C-2" District subject to a Conditional Use
Permit and shall read as follows:
"Section 17.48.030 Uses Subject to a Conditional Use Permit.
It is recognized that certain uses while similar in
characteristics to Permitted Uses in Section 17.48.020 may
require outdoor operation and/or have the potential to impact
surrounding properties and there- fore require additional
approval and consideration. Such uses to be permitted in the
"C-2" District shall require a Use Permit pursuant to Chapter
17.74 and shall include the following:
A. Uses permitted subject to a Use Permit in the "C-1"
District as contained in Section 17.74.030.
B. Business colleges and professional schools.
C. Car washes.
D. Churches.
E. Dance halls, discotheques, or any establishment
providing live entertainment.
F. Motor vehicle, motorcycle and recreational vehicle
sales; and service incidental to the sale of parts but
excluding major overhauls, painting, and body work.
G. outdoor sales and display incidental and accessory to
a permitted use.
H. Structures exceeding the maximum height permitted by
Section 17.48.070."
SECTION FOUR:
This ordinance shall become effective as provided by
law.
INTRODUCED AND APPROVED UPON FIRST READING this 23rd
day of August, 1988, upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCK, DUMINGUEZ, STAR KEY, WASHBURN, WINKLER
NOES: CDUNCILMEMBERS: NONE
ABSENT: CUUNCILMEMBERS: NONE
ABSTENTIONS: CDUNCILMEMBERS: NONE
PASSED, APPROVED, AND ADOPTED this 13th
September, 1988 upon the following roll call vote:
day of
AYES: CDUNCILMEMBERS: BUCK, DDMINGUEZ, STARKEY, WASHBURN, WINKLER
NOES: CDUNCILMEMBERS: NONE
ABSENT: CDUNCILMEMBERS: NONE
ABSTENTIONS: CDUNCILMEMBERS: NONE
Jim Wink er, yor
A "VEST t
ick.i.=Lyn Kasad, City lerk
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
L~
John R. H rpe , it torney
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 23, 1988, and had its second reading on September 13, 1988
and was passed by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY,
WASHBURN, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
VI~ AD, CI LERK
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. 842, of said Council, and that the same
has not been amended or repealed.
DATED: September 14, 1988
~~ ~
C YNN KASAD, CITY CLERK
CITY OF IAA ~ ELSINORE
(SEAL)
NO. 843
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, REZONING 7.98 ACRES LOCATED ON THE
EAST SIDE OF CASINO DRIVE, APPROXIMATELY 800
FEET SOUTH OF RAILROAD CANYON ROAD FROM C-1
(NEIGHBORHOOD COMMERCIAL) TO C-2 (GENERAL
COMMERCIAL) ZONING DISTRICT (ZONE CHANGE 88-4 -
BROOKSTONE DEVELOPMENT)
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,
California, is hereby amended by changing, reclassifying and
rezoning the following described property, to wit:
7.98 acres, M/L in Por Par 6 PM 128/020 PM ,
PM 138/020 PM, M/L in Por Lot 24 MB 010/076
Sedco Tract 2
(Assessor's Parcel Numbers 363--170-075,
363-170-024, 365-040-015)
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 13th
i
day of September, 1988, upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASNBURN, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ANBSTENTIONS: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
27th day of September, 1988, upon the following roll call vote:
vote:
AYES: CDUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER
NOES: CDUNCILMEMBERS: NONE
ABSENT: CDUNCILMEMBERS: NONE
ABSTENTIONS: COUNCILMEMBERS: NONE
ATTEST:
~~
Vicki Lyme Kasad, C'ty Clerk
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
~~~
John R. Harper, ity 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 September 13, 1988, and had its second reading on September 27,
1988 and was passed by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY,
WASHBURN, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
(\ ~ ~
VICKI Y1VN' KASA~/D~, p~C,I~~PY CLERK
CI~i'Y OF LA E 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. 843, of said Council, and that the same
has not been amended or repealed.
DATED: September 28, 1988
~ ~~
VICKI LYN =KASAD, CITY CLERK
CITY OF LA E ELSINORE
(SEAL)
ORDINANCE N0. 844
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF LAKE ELSINORE
REPEALING CERTAIN CODE SECTIONS
AND ENACTING CHAPTER 8.56 OF THE
LAKE ELSINORE MUNICIPAL CODE
PERTAINING TO NUISANCE ABATEMENT.
WHEREAS, Government Code Section 38771 et seq., provides
that the City Council may declare what constitutes a public
nuisance and provide for procedures for the abatement thereof; and
WHEREAS, Vehicle Code Section 22660 et seq., provides
that the City Council may enact an ordinance for the abatement and
removal of abandoned, wrecked, dismantled or inoperative vehicles
or parts thereof as a public nuisance; and
WHEREAS, Penal Code Section 370 et seq., provides that
persons maintaining a public nuisance are guilty of a misdemeanor;
NOW, THEREFORE, the City Council of the City of Lake
Elsinore does ordain as follows:
SECTION 1. That existing Chapter 8.18 of the Lake
Elsinore Municipal Code is hereby repealed.
SECTION 2. That new Chapter 8.18 of the Lake Elsinore
Municipal Code is hereby adopted as follows:
CHAPTER 8.18
NUISANCE ABATEMENT
8.18.010 Chapter Purpose.
(a) In order to further the stated goals of the City of
Lake Elsinore and to protect its citizens and their property from
conditions which are offensive or annoying to the senses detri-
mental to property values and community appearance, or injurious
to the health, safety or welfare of the general public in such
ways as to be a nuisance, the City Council has determined that an
ordinance is necessary to effectively abate or prevent the devel-
opment of such conditions in this community.
(b) It is the intention of the City Council, in adopting
the ordinance codified herein, to set forth guidelines for deter-
mining what conditions constitute a nuisance; to establish a
PAGE TWO - ORDINANCE N0. 844
method for giving notice of the conditions and an opportunity to
correct them; and finally, in the event the nuisance is not
corrected, to provide a procedure for a hearing and determination
of the facts and manner in which the conditions shall be corrected
or removed.
-- (c) It is the purpose of the provisions of this chapter
to provide a just, equitable and practical method, to be
cumulative with and in addition to any other remedy available at
law, whereby lands or buildings, structures, and fences which are
erected in violation of zoning or other Municipal Code require-
ments, or are dilapidated, unsafe, dangerous, unsanitary,
cluttered with weeds, debris, or abandoned machinery or equipment,
or are a menace to life, limb, health, morals, property, safety
and the general welfare of the people of this City or which tend
to constitute a fire hazard or a nuisance may be required to be
repaired, vacated, demolished, made safe, or cleaned up by removal
of the offensive conditions.
(d) In addition to the abatement procedures provided
herein, this ordinance declares certain conditions to be public
nuisances and provides that such conditions are unlawful and that
violations are punishable pursuant to Chapter 1.16 of the
Municipal Code.
8.18.020 Declaration of Nuisance.
(a) Each of the following conditions is hereby declared
to constitute a public nuisance, and whenever the hearing officer
or Planning Commission determines that any of such conditions
exist upon any premises they may require or provide for the
abatement thereof pursuant to this chapter and make the costs of
abatement alien upon the property:
(1) Any public nuisance known in law or in equity
jurisprudence;
(2) Buildings which are abandoned, partially
destroyed, or unsafe as .defined in the adopted Uniform Building
Code, or left in an unreasonable state of partial construction.
PAGE THREE - ORDINANCE NO. 844
An unreasonable state of partial construction is defined as any
unfinished building or structure in the course of construction
which has not requested or had conducted an inspection under a
valid building permit within the prior six months, and where the
appearance and other conditions of the unfinished building or
structure substantially detracts from the appearance of the
immediate neighborhood or reduces the property values in the
immediate neighborhood.
(3) Unpainted buildings and those having dry rot,
warping or termite infestation. Buildings on which the condition
of the paint has become so deteriorated as to permit decay,
excessive checking, cracking, peeling, chalking, dry rot, warping
or termite infestation so as to render the buildings unsightly and
in a state of disrepair.
(4) Buildings, structures or fences erected and/or
maintained in violation of the City of Lake Elsinore's Zoning
Regulations as set forth in Title 17 of this Code or Building
Regulations as set forth in Title 15 of this Code.
(5) Broken windows constituting hazardous
conditions and inviting trespassers and malicious mischief.
(6) Building exteriors, walls, fences, driveways,
sidewalks, and walkways which are maintained in such condition as
to become so defective, unsightly, or in such condition of deter-
ioration or disrepair that the same causes depreciation of the
values of surrounding property or is materially detrimental to
nearby properties and improvements.
(7) The accumulation of dirt, litter or debris in
vestibules, doorways, or the adjoining sidewalks of a building.
(8) Lumber, junk, trash, salvage materials, rubble,
broken asphalt, concrete, water containers, scrap metal or other
debris stored on a property such that they are visible from a
public street, alley or adjoining property.
(g) Attractive nuisances dangerous to children,
including abandoned, broken, or neglected equipment and machinery;
PAGE FOUR - ORDINANCE N0. 844
hazardous pools, ponds, and excavations; abandoned wells, shafts
or basements; abandoned refrigerators or motor vehicles; any
structurally unsound fence or structure; or any other lumber,
trash, garbage, rubbish, refuse, fence, debris, or vegetation
which may prove a hazard for inquisitive minors.
(10) Abandoned, discarded or unused furniture,
stoves, sinks, toilets, cabinets, or other household appliances or
fixtures or equipment stored so as to be visible at ground level
from a public street or alley or from adjoining property.
(11) Construction equipment, supplies, materials,
or machinery of any type or description parked or stored in any
zone other than the M-I "Manufacturing" District, except while
excavation, construction or demolition operations covered by an
active building permit are in progress on the subject property or
an adjoining property.
(12) Maintenance of signs relating to uses no
longer conducted or products no longer sold on the property.
(13) Maintenance of property so out of harmony or
conformity with the maintenance standards of adjacent properties
as to cause substantial diminution of the enjoyment, use or
property values of such adjacent properties.
(14) Vehicles parked in required front setbacks in
a residential zone except when such vehicles are operative, have
current licensing and are parked on a paved drive approach to a
required garage or other permitted driveway.
(15) Property maintained in relation to others so
as to establish a prevalence of depreciated values, impaired
investments, and social and economic maladjustments to such an
extent that the capacity to pay taxes is reduced and tax receipts
from such particular areas are inadequate for the cost of public
services rendered therein.
(16) Maintenance of property in such condition as
to be detrimental to the public health, safety, or general welfare
or in such manner as to constitute a public nuisance as defined in
PAGE FIVE - ORDINANCE N0. 844
California Civil Code Section 3480, including, but not limited to,
anything dangerous to human life or detrimental to human health,
or any habitation that is overcrowded with occupants or that lacks
adequate ventilation, sanitation or plumbing facilities, or that
constitutes a fire hazard.
(I7) Dead, decayed, diseased, overgrown or
hazardous trees, weeds and vegetation, cultivated or uncultivated,
which is likely to harbor rats or vermin, or constitute an
unsightly appearance, or is detrimental to neighboring properties
or property values.
(18) Clotheslines in front yard areas and in side
yard areas of corner lots unless screened from view by a solid
fence.
(Ig) Any wall, fence, or hedge maintained in such
condition of deterioration or disrepair as to constitute a hazard
to persons or property or to cause depreciation in the value of
any adjacent or neighboring property.
(20) Any property with pooled oil accumulation, oil
or other hazardous material flowing onto public rights-of-way, or
excessive accumulations of grease, oil or other hazardous material
on paved or unpaved surfaces, buildings, walls or fences, or on
any public street or property.
(21) Any landscaped setback areas which lack
appropriate turf or plant material so as to cause excessive dust,
allow the accumulation of debris, or to cause depreciated values
of adjacent or neighborhood properties.
(22) Any condition of vegetation overgrowth which
encroaches into, over or upon any public right-of-way including,
but not limited to, streets, alleys, or sidewalks, so as to
constitute either a danger to the public safety or property or an
impediment to public travel.
(23) The outside storage of camper shells in any
required front yard other than on an operable and licensed pick-up
truck parked in a lawful manner.
PAGE SIX - ORDINANCE N0. 844
(24) The outside storage of boats, catamarans,
dinghys, vessels, or other watercraft in any required front in
other than a parking space which conforms to City Standards or in
a side or rear yard not screened from view by a six foot high
solid fence on a validity licensed trailer parked in a lawful
manner.
(25) A swimming pool, pond or other body of water
which is unfiltered, or not otherwise maintained, resulting in the
water becoming polluted. Polluted water means water which
contains bacterial growth, algae, remains of insects, remains of
deceased animal life, rubbish, refuse, dirt, debris, papers,
chemicals or other matter or material which, because of the
magnitude, nature or location, constitutes an unhealthy or unsafe
condition.
(26) Camper shells, boats, watercraft or trailers,
abandoned or inoperable vehicles stored in a side or rear yard not
screened from view by a six foot high solid fence.
8.18.030 Unlawful Property Nuisances. It shall be
unlawful for any person owning, leasing, occupying or having
charge or possession of any property in the City to maintain such
property in such manner that any of the conditions set forth in
Section 8.56.020 shall exist. The procedures for abatement set
forth in this chapter shall not be exclusive means by which such
conditions may be abated and shall not in any manner limit or
restrict the City from enforcing other City ordinances or
provisions of the Municipal Code or from abating public nuisances
in any other manner provided by law.
8.18.040 "Abandoned" Defined. For purposes of this
chapter the term "abandoned" shall, in addition to such other
definitions that may be provided by law, mean and refer to any
-- item which has ceased to be used for its designed and intended
purpose. The following factors, among others, will be considered
in determining whether or not an item has been abandoned:
(1) Present operability and functional utility;
PAGE SEVEN - ORDINANCE N0. 844
(2) The date of last effective use;
(3) The condition of disrepair or damage;
(4) The last time an effort was made to repair or
rehabilitate the item;
(5) The status of registration or licensing of the
item;
(6) The age of the item and degree of obsolescence;
(7) The cost of rehabilitation or repair of the item
versus its market value.
(8) The nature of the area and location of the item.
8.18.050 "Owner" Defined. The terms "owner" and Property
owner", as used in this chapter, and unless otherwise required
by the context, shall be deemed to include any person owning,
leasing, occupying, or having charge or possession of any property
in the City.
8.18.060 Initiation of Proceedings. Whenever the City
Manager determines, based on the recommendation of City staff,
that any premises within the City may be maintained in such a
manner as to constitute a public nuisance, then the City Manager
may direct that a public hearing be conducted to ascertain whether
the same constitute a public nuisance. The notice shall describe
the premises involved by street address, legal description or
assessor's parcel number, shall give a brief description of the
conditions constituting the nuisance, and a brief statement of the
proposed methods of abatement. The City Manager may also appoint
a hearing officer to conduct the nuisance abatement hearing who
may be the Assistant City Manager, Director of Public Works,
Director of Community Development, or any other person deemed
appropriate. The notice shall advise the owner what corrections
need to be done to avoid a public hearing, may suggest methods for
correction, and shall provide a reasonable period to make those
corrections.
8.18.070 Notice of Hearing. The City Clerk shall cause
the notice of the hearing to be served upon the owner of the
PAGE EIGHT - ORDINANCE N0. 844
affected premises by providing a certified copy of the notice of
the time, date and place of the hearing and of the appointment of
the hearing officer.
Such service shall be made by registered or certified
mail, addressed to the owner at the owner's last known address as
shown upon City records or the last equalized taxroll, whichever
appears to be the more reliable address. The City Clerk may also
cause the property to be conspicuously posted with the notice, and
such posting shall constitute adequate service in the event that
mailed notice is not delivered for any reason.
The notice shall be mailed or posted so as to give at
least ten days notice of the hearing.
8.18.080 Form of Notice. The notice given shall be
provided in substantially the following format:
NOTICE OF HEARING ON
ABATEMENT OF NUISANCE
A hearing will be held at on at
City Hall, 130 South Main Street, Lake Elsinore, before the,
acting as hearing officer, to
determine if the premises at constitutes a
public nuisance.
The conditions constituting the public nuisance include the
following:
A public hearing may be avoided if the following corrections
are made at least two days before the date set for the hearing:
If it is determined that the property constitutes a public
PAGE NINE - ORDINANCE N0. 844
nuisance, the following abatement action may be taken by the City
if the owner has not taken corrective action:
If abatement action is taken by the City the costs of the
abatement will be assessed against the property and will attach as
a lien until paid. All persons having an interest in this matter
may attend the hearing and give testimony and evidence which will
be given due consideration.
8.18.090 Hearing. At the time stated in the notice, the
hearing officer shall hear and consider all relevant evidence
relating to the condition of the property. The hearing may be
continued from time to time.
Upon the conclusion of the hearing, the hearing officer
shall determine whether the premises constitutes a public
nuisance. If the hearing officer determines that a public
nuisance exists, the hearing officer shall declare such premises
to be a public nuisance and order the abatement of the same by the
property owner within a specified time. Such declaration shall
contain a detailed list of needed corrections or abatement
methods.
A copy of the declaration shall be served upon the owner
in the same manner as the notice of hearing.
8.56.100. Appeal. Any person entitled to notice 'of the
hearing who has participated in that hearing and who is
dissatisfied by the determinations of the hearing officer, may
appeal those determinations to the Planning Commission or a
hearing officer appointed thereby by filing an appeal with the
City Clerk within ten day of the date of being first apprised of
those determinations and by paying the appeal fee set by
resolution. The appeal shall specify:
(a) A description of the property.
(b) The abatement proceedings appealed.
(c) The owner's legal or equitable interest in the
PAGE TEN - ORDINANCE N0. 844
property.
(d) A statement of disputed and undisputed facts.
(e) A statement specifying that portion of the
proceedings that are being appealed, together with any evidentiary
or supporting materials that would support the appeal.
(f) A verification of the truth of all matters asserted.
The Planning Commission may limit the issues on appeal, may
consider the record produced before the hearing officer, and may
allow additional evidence to be produced. Notice shall be
provided to the appellant utilizing substantially the same
procedure as required for the hearing before the hearing officer.
In said notice the appellant will be apprised of the scope of the
appeal. The decision of the Planning Commission shall be the
final and binding action and the property owner shall be so
notified of its determinations.
8.18.110 Abatement of Nuisance by City. If the nuisance
is not completely abated by the date specified in the hearing
officer's declaration, or in the Planning Commission's
determination, as appropriate, the City Manager may immediately
cause the same to be abated by City personnel or under private
contract. The hearing officer or Planning Commission are also
authorized to grant reasonable extensions on the time period for
abatement based on a proper showing by the property owner of
extenuating circumstances made before the date of City abatement.
The owner of the premises shall be liable to the City for all
costs of such abatement, including administrative costs.
8.18.120 Cost Accounting: Notification. City personnel,
or any private contractor authorized to abate the nuisance, shall
keep an account of the cost, including incidental expenses, of
abating the nuisances on each separate lot or parcel of land where
the work is done and shall render an itemized report in writing to
the City Council by showing the cost of abatement by rehabilita-
tion, demolition, or repair of the property, buildings or
structure, including any salvage value relating thereto. A copy.
PAGE ELEVEN - ORDINANCE N0. 844
of the report shall be posted at City Hall or other official
location for posting City notices for at least five days before it
is considered by the City Council. Proof of posting shall be made
by affidavit of the City Clerk or Deputy City Clerk. The term
"incidental expenses" shall included, but not be limited to, the
actual expenses and costs of the City in the preparation of
notices, specifications and contracts, and in inspecting the work
and the costs of printing and mailing required hereunder.
8.18.130 Assessment Lien. The total cost for abating the
nuisance, as confirmed by the City Council, shall constitute a
special assessment against the lot or parcel of land to which it
relates and, upon recordation in the office of the County Recorder
of a Notice of Lien, hall constitute alien on the property for the
amount of the assessment.
After confirmation and recordation, a copy of the Notice
of Lien may be turned over to the tax collector to be added to the
amounts of the assessments of the next regular tax bills levied
against the respective lots and parcels of land. Thereafter the
assessment amounts shall be collected at the same time and in the
same manner as ordinary property taxes are collected and shall be
subject to the same penalties and the same procedure for
foreclosure and sale in case of delinquency as provided for
ordinary property taxes. After recordation, the lien may be
foreclosed by judicial or other sale in the manner and means
provided by law. The Notice of Lien for recordation shall be in a
form substantially as follows:
NOTICE OF LIEN
Claim of the City of Lake Elsinore
"Pursuant to the authority vested by the provisions of Chapter
8.18.050 of the Lake Elsinore Municipal Code, the City of Lake
Elsinore did on or about the
day of
19_, cause the property hereinafter described to be rehabilitated
or the building, structure or fence on the property to be repaired
or demolished in order to abate a public nuisance on the real
PAGE TWELVE - ORDINANCE NO. 844
property. The City Council of the City of Lake Elsinore did on
the day of 19 assess the cost of
such abatement upon the property and the same has not been paid
nor any part thereof. The City of Lake Elsinore does hereby claim
a lien for such rehabilitation, repair, or demolition in the
amount of the assessment, to wit the sum of $
the same shall be a lien upon the real property until paid in full
and discharged of record.
The real property hereinabove mentioned, and upon which a lien
is claimed, is that certain parcel of land lying and being in the
City of Lake Elsinore, County of Riverside, State of California,
particularly described as follows:
(Legal Description)
Dated this
day of
19
City Manager, City of Lake Elsinore"
8.18.140 Alternative Actions Available. Noting in this
chapter shall be deemed to prevent the City from commencing a
civil or criminal proceeding to abate a public nuisance or from
pursuing any other means available to it under provisions of
applicable ordinances or State law to correct hazards or
deficiencies in real property in addition to or as alternatives
to the proceedings herein set forth.
8.18.150 Owner's Responsibility. The owner of any
premises within the City has the primary responsibility of keeping
his premises free of public nuisances. Tenants and occupants of
the premises, for the purposes of this chapter, shall be deemed
to be the agents of the owner.
~ 8.18.160 Abandoned and Stored Vehicles. The following
PAGE THIRTEEN - ORDINANCE N0. 844
procedures are adopted from the California Vehicle Code, Section
22660 et seq. and are established as the procedures for the
abatement and removal as public nuisances of abandoned, wrecked,
dismantled or inoperative vehicles or parts thereof from private
.property or public property not including highways and for the
recovery or assumption by the city, of costs of administration
and removal thereof. The following procedures are to be used
compatibly and in conjunction with the foregoing sections of this
chapter, but shall take precedence wherever a conflict occurs.
(1) In addition to the notice provided in Section
8.18.060, at least ten days notice shall also be sent to the last
registered and legal owner of record, by registered or certified
mail, unless the vehicle is in such condition that identification
numbers are not available to determine ownership.
(2) The notice of determination and declaration set
forth in Section 8.18.070 and 8.18.080 shall include a description
of the vehicle, the correct identification number and license
number of the vehicle insofar as they are available. The notice
of determination and ruling shall be served on both the owner of
the premises and the registered and legal owners of the vehicle,
if know, as provided above.
(3) The owner of the land on which the vehicle is
located may appear in person at the hearing or present a written
statement in time for consideration at the hearing, and deny
responsibility for the presence of the vehicle on the land along
with his reasons for such denial. If it is determined at the
hearing that the vehicle was placed on the land without the
consent of the land owner and that he has not subsequently
acquiesced in its presence, then the City shall not assess costs
of administration or removal of the vehicle against the property
upon which the vehicle is located or otherwise attempt to collect
such costs from the owner.
Vehicles or parts thereof may be disposed of by
removal to a scrap yard, automobile dismantler's year or any
PAGE FOURTEEN - ORDINANCE N0. 844
suitable site operated by the City for processing scrap or by any
other final disposition consistent with these provisions.
Any person authorized by the City to administer this
chapter may enter upon private property for the purposes specified
in the ordinance to examine vehicles or parts thereof, obtain
information as to the identity of the vehicle and to remove or
cause the removal of any vehicle or part thereof declared to be a
nuisance pursuant to this chapter.
A certified copy of the order of disposition of the
vehicle or parts thereof shall be given to an retained by any
person or commercial organization making a final disposition of
the vehicle or parts thereof and said order shall be retained by
them in their business records.
(4) After a vehicle has been removed as a public
nuisance, it shall be destroyed and under no circumstances shall
the vehicle be reconstructed or made operable.
(5J This chapter shall not apply to a vehicle or
other personal property mentioned herein which is completely
enclosed within a building in a lawful manner where it is not
visible from the street or other public or private property, or a
vehicle or other personal property which is stored or parked in a
lawful manner on private property in connection with the business
of a licensed dismantler, licensed vehicle dealer or a junk yard;
provided, however, that this exception shall not authorize the
maintenance of a public or private nuisance as defined under the
provisions of this chapter or any other law.
(6) This chapter shall be administered by regularly
salaried, full-time employees of the city except that actual
abatement of the nuisance and removal of any and all items
constituting a nuisance hereunder may be by any other duly
authorized person.
(7) Within five days after removal of any motor
vehicle under this chapter, notice shall be given to the Depart-
ment of Motor Vehicles of the date of removal, disposition thereof
PAGE FIFTEEN - ORDINANCE N0. 844
and identity of the vehicle or parts
In addition, all evidence
of registration available including registration certificate,
license plates and certificates of title shall be forwarded to the
department of motor vehicles as soon as possible.
8.18.170 Violations. The owner or other person having
charge or control of any buildings or property who maintains any
public nuisance defined in this chapter is guilty of a
misdemeanor.
Any unauthorized person who removes any notice or order
posted as required in this chapter is guilty of a misdemeanor.
No person shall obstruct, impede or interfere with any
representative of the City or with any person who owns or holds
any estate or interest in the property which has been ordered to be
vacated, repaired, rehabilitated, or demolished and removed
whenever any such representative of the City or person having any
estate or interest in such property is engaged in vacating,
repairing, rehabilitating or demolishing and removing any such
property pursuant to the provisions of this chapter or in
performing any necessary act preliminary to or incidental to
such work as authorized or directed pursuant hereto.
Any person violating or failing to comply with any of the
provisions of this chapter shall be guilty of a misdemeanor and
shall be punished by a fine of not to exceed one. thousand dollars,
or by imprisonment not to exceed six months, or by both such fine
and imprisonment. A criminal prosecution may be initiated without
a nuisance hearing, as provided in this chapter, or upon a
violation of any order resulting from such a hearing. Each such
person shall be guilty of a separate offense for each and every
day during any portion of which any violation of the provisions of
this chapter is committed."
8.18.180 Authority to Arrest. The following designated
officers and employees shall have the power to arrest persons for
the misdemeanor violations of this chapter whenever the officer or
employee has reasonable cause to believe that the person has
PAGE SIXTEEN - ORDINANCE N0. 844
committed the offense in his presence:
(a) The Director of Community Development;
(b) The Zoning Enforcement Officer;
(c) Code Enforcement Officers.
8.18.190 Citation Procedure.
(a) If any person is arrested for a misdemeanor
violation of this chapter, and such person is not taken before a
magistrate as is more fully set forth in the California Penal
Code, the arresting officer shall prepare in duplicate a written
notice to appear in court containing the name and address of such
person, the offense charged, and the time and place where and when
such person shall appear in court.
(b) The time specified in the notice to appear shall
be not less than ten days after such arrest.
(c) The place specified in the notice to appear
shall be either:
(1) Before a judge of the municipal court in
the judicial district in which the offense is alleged to have been
committed; or
(2) Before an officer authorized to receive a
deposit of bail.
(d) The officer shall deliver one copy of the notice
to appear to the arrested person, and the arrested person, in
order to secure release, must give his written promise so to
appear in court by signing the duplicate notice, which shall be
retained by the officer. Thereupon, the arresting officer shall
forthwith release the arrested person from custody.
(e) The officer shall, as soon as practicable, file
a duplicate notice with the magistrate specified in such notice.
The defendant may, prior to the date upon which he promised to
appear in court, deposit with the magistrate the amount of bail
set by such magistrate. Thereafter, at the time when the case is
called for arraignment before the magistrate, if the defendant
does not appear, either in person or by counsel, the magistrate
PAGE SEVENTEEN - ORDINANCE NO. 844
may declare the bail forfeited and may at his discretion order
that no further proceedings shall be had in such case. Upon the
making of such order that no further proceedings be had, sums
deposited as bail shall forthwith be paid in the county treasury
for distribution as provided by Section 1463 of the California
Penal Code.
(f) A warrant shall not issue on such charge for the
arrest of a person who pursuant to the provisions of this chapter
has given such written promise to appear in court unless and until
he has violated such promise, or has failed to deposit bail, to
appear for arraignment, trial or judgment, as required by law.
(g) Every person willfully violating his written
promise to appear in court is guilty of a misdemeanor regardless
of the disposition of the charge upon which he was originally
arrested.
(h) When a person signs a written promise to appear
at the time and place specified in the written promise to appear
and has not posted bail as provided in subsection (c) of this
section, the magistrate shall issue and have delivered for
execution a warrant for his arrest within 20 days after his
failure to appear as promised. If a person promises to appear
before an officer authorized to accept bail other than a
magistrate and fails to do so on or before the date which he
promised to appear, then within 20 days after the delivery of
such written promise to appear by the officer to a magistrate
having jurisdiction over the offense, such magistrate shall issue
and have delivered for execution a warrant for his arrest. When
such person violates his promise to appear before an officer
authorized to receive bail other than a magistrate, the officer
shall immediately deliver to the magistrate having jurisdiction
over the offense charged the written promise to appear and the
complaint, if any, filed by the arresting officer"
SECTION 3. The City Council hereby declares that the
provisions of this chapter are severable and if for any reason a
PAGE EIGHTEEN - ORDINANCE N0. 844
court of competent jurisdiction shall hold any sentence,
paragraph, or section of this ordinance to be invalid, such
decision shall not affect the validity of the remaining parts of
this ordinance.
SECTION 4. The City Clerk shall certify to the adoption
of this ordinance and cause it to be posted as required by law.
This ordinance shall become effective thirty (30) days after the
date of its adoption.
INTRODUCED AND ADOPTED UPON FIRST READING this 27th day of
September, 1988, upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASFIBURN,
WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE.
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 11th
day of October, 1988 upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN,
WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN
COUNCILMEMBERS: NONE
JIM WINKLER, MAYOR
CITY OF LAKE ELSINORE
TTEST:
ICKI LYNN KASAD, CITY CLERK
CITY Jr LA E ELSINORE
APPROVED AS TO FORM AND LEGALITY:
0 N 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 September 27, 1988, and had its secona reading on October 11,
1988 and was passed by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY,
WASHBURN, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
1 (`P
VICKI LYA~,D:E KASAD, 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. 844, of said Council, and that the same
has not been amended or repealed.
DATED: October 11, 1988
ICKI LYN SA , C TY CLERK
CITY OF KE ELSINORE
(SEAL)
ORDINANCE NO. 845
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, REZONING 0.73 ACRES LOCATED ON THE
SOUTHEAST CORNER OF RAILROAD CANYON ROAD AND
GRAPE STREET FROM R-1 (SINGLE-FAMILY RESIDENTIAL)
TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT
(ZONE CHANGE 88-7 - CHAMPION DEVELOPMENT).
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,
California, is hereby amended by changing, reclassifying and
rezoning the following described property, to wit:
0.73 acres M/L in Por Blk B MB 002/141
SD Claytons 1st Add and Por Blks E and
F MB 001/102 SD S A Stewarts Add to
Elsinore
(Assessor's Parcel Number 363-140-039)
from R-1 (Single-Family Residential) 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 27th
day of September, 1988, upon the following roll call vote:
~, AYES: COUNCILMEMBERS: BUCK, DpMINGUEZ, sTARKEY, tdgSNBURN, wINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ANBSTENTIONS: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
11th day of October, 1988, upon the following roll call vote:
vote:
AYES: COUNCILb1EMBERS: BUCK, DDMINGUEZ, STARKEY, WASHBURN,
WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: CDUNCILMEMBERS: NONE
ABSTENTIONS: COUNCILP~IEMBERS: NONE
ATTEST: r
C\~
Vicki Lyn. Kasad, City Clerk
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
~WY,Yv
John R. Harper, ity 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
__
oh September 27, 1988, and had its second reading on October 11,
1988 and was passed by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY,
WASHBURN, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
i~BSTAIN: COUNCILMEMBERS: NONE
~~\ , ~
VICKI LYNN SS D(\~Y CLERK
CITY OF LA E ELS1"NORE
(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. 845, of said Council, and that the same
has not been amended or repealed.
DATED: October 11, 1988
~~ (~ CLERK
VICKI L N ,
-CITY OF I E ELSINORE
(SEAL)
ORDINANCE NO. 846
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, REZONING 1.55 ACRES LOCATED BETWEEN
CASINO DRIVE (VISTA DEL LAGO) AND MISSION TRAIL
APPROXIMATELY 1,000 FEET EAST OF RAILROAD CANYON
ROAD FROM C-1 (NEIGHBORHOOD COMMERCIAL) TO C-2
(GENERAL COMMERCIAL) ZONING DISTRICT (ZONE CHANGE
88-8 - WINSTON ELSINORE LTD PARTNERSHIP).
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,
California, is hereby amended by changing, reclassifying and
rezoning the following described property, to wit:
1.55 acres, M/L in Par 2 PM 126/017 PM 19767
(Assessor's Parcel Number 363-170-077)
from R-1 (Single-Family Residential) 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 27th
day of September, 1988, upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STAR KEY, WASNBURN, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ANBSTENTIONS: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
11th day of October, 1988, upon the following roll call vote:
vote:
,A.
If
~S
d
AYES: CDUNCILP•1EMBERS: BUCK, DUMINGUEZ, STARKEY, WASHBURN, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTENTIONS: COUNCILMEMBERS: NONE
Jim Win t er, Ma or
A.,T~CEST:
~__ '
Vicki Ly e Kasad, City Clerk
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
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 September 27, 1988, and had its second reading on October 11,
1988 and was passed by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY,
WASHBURN, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
VICKI L~Y.N SAD TY CLERK
r
CITY OF KE ELSTNORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore,
DG HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 846,. of said Council, and that the same
has not been amended or repealed.
DATED: October 21, 1988
~Y STY CLERK
CITY OF L.KE ELSINORE
(SEAL)
ORDINANCE NO. 847
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
AMENDING SECTION 17.82.100 OF CHAPTER 82 OF TITLE 17
OF THE LAKE ELSINORE MUNICIPAL CODE, REGARDING MINOR
DESIGN REVIEW, DESIGNATING THE PLANNING COMMISSION AS
THE REVIEWING AUTHORITY FOR ADDITIONS TO COMMERCIAL
AND INDUSTRIAL STRUCTURES, NEW SINGLE-FAMILY DETACHED
DWELLINGS, AND DUPLEXES. (AMENDMENT 88-8 - CITY OF
LAKE ELSINORE)
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI-
FORNIA, DOES -0RDAIN AS FOLLOWS:
SECTION ONE:
Section 17.82.100 of Chapter 82, Title 17, of the
Lake Elsinore Municipal Code, regarding Minor Design Review, is
hereby amended to designate the Planning Commission, rather than
the Community Development Director, as the reviewing authority
for additions to commercial and industrial structures, new
single-family detached dwellings, and duplexes, and shall read
read as follows:
"Section 17.82.100 Minor Desian Review.
"A. The Planning Commission may approve, deny, or conditionally
approve the following projects subject to the provisions of
this section:
1. Additions to commercial and industrial structures or
permitted accessory structure in excess of 50o square
feet.
2. Single-family detached dwellings, including in-fill and
tract developments in approved subdivisions.
3. Duplexes not involving more than a total of four (4)
units.
4. Second units pursuant to Chapter 17.17.
"B. The Community Development Director or his designee may
approve, deny, or conditionally approve the following
projects subject to the provisions of this section:
1. Additions to commercial and industrial structures or the
construction of accessory structures of 500 square feet
or less in area.
2. Additions to residential dwellings.
3. Alterations to existing structures which do sub-
stantially change the appearance of the structure even
though the floor area may not be affected (i.e. changes
in the shape or exterior materials).
4. The following residential accessory structures: Un-
enclosed structures such as non-commercial stables,
corrals, and appurtenant facilities for the keeping of
animals, carports, gazebos, and patio covers (both
trellis-type and solid) as well as enclosed structures
containing less than 600 square feet of floor area such
as sheds, cabanas, children's play- houses, and work
shops.
5. Reconstruction of commercial or industrial structures
which have been destroyed or substantially damaged pro-
vided said structures were legally in existence and said
reconstruction returns the structure to its original
size and appearance.
6. -Signs pursuant to Chapter 17.94.
"C. Application and fees for "Minor Design Review" shall be as
prescribed by Sections 17.82.030 and 17.82.040.
" D. The Planning Commission or the Director of Community
Development shall be empowered to approve a "Minor Design
Review" as the project was submitted or may require changes
in the design or may deny the project and instruct the
Building Division to issue no building permits for the
project.
"E. The "Minor Design Review" approval may be granted subject
to such conditions as may be deemed appropriate in
accordance with the provisions of Section 17.82.070.
"F. The Planning Commission or the Director shall only approve
a "Minor Design Review" when the findings required by
Section 17.82.080 can be made.
"G. The person submitting the project for "Minor Design Review"
may appeal the Director's decision and/or conditions to the
Planning Commission; provided that said appeal be submitted
to the Director of Community Development within 10 days.
The Planning Commission shall hear the appeal in the same
manner prescribed for a "Design Review" pursuant to the
provisions of this Chapter. Planning Commission decisions
may be appealed to City Council. No construction related
to the "Minor Design Review" shall commence prior to
Planning Commission action.
"H. The Director of Community Development may also elect to
submit any "Minor Design Review" to the Planning Commission
when, in the Director's opinion, any of the following may
be applicable:
1. The project may significantly affect properties other
than the applicant's and additional public notification
and input is warranted.
2. The project requires an Environmental Impact Report or
a Negative Declaration.
3. The project may be generally controversial within the
Community.
4. The project to proceed will need the benefit of a
variance.
"I. Unless specific provisions are specified for "Minor Design
Review", for the general administrative purposes of this
Chapter, the terms "Design Review" and "Minor Design
Review" shall be interchangeable."
SECTION TWO.
This ordinance shall become effective as provided by
law.
INTRODUCED AND APPROVED UPON FIRST READING this 11TH
day of October, 1988, upon the following roll call vote:
AYES: CDUNCILMEMBERS: BUCK, DDMINGUEZ, STARKEY, WASHBURN, WINKLER
NOES: CDUNCILMEMBERS: NONE
ABSENT: CDUNCILMEMBERS: NONE
ABSTENTIONS: CDUNCILMEMBERS: NONE
PASSED, APPROVED, AND ADOPTED this 25th day of
October, 1988 upon the following roll call vote:
AYES: CDUNCILMEMBERS: BUCK, DDMINGUEZ, STARKEY, WASHBURN, WINKLER
NOES: CDUNCILMEMBERS: NONE
ABSENT: CDUNCILMEMBERS: NONE
ABSTENTIONS: CDUNCILMEMBERS: NONE
TTEST:
Vicki.•,Ly ne Kasad, C'ty Clerk
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
~..~1/' -i1.i
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
~n Occaber i1, 19is8, acid Yxaci ii;s second r'eaeii'r~g un uct~r'r~er L5,
1988 and was passed by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
BUCK, DOMINGUEZ, STARKEY,
WASHBURN, WINKLER
NONE
NONE
ABSTAIN: COUNCILMEMBERS: NONE
VICKI LYNV" KA AD~,~LERK
CI'PY 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. 847, of said Council, and that the same
has not been amended or repealed.
DATED: October 26, 1988
I•K L NN KASAD, CITY CLERK
CITY OF LA ELSINORE
(SEAL)