HomeMy WebLinkAboutOrd. Nos 1982-627-664ORDINANCE N0. 627
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, REPEALING CERTAIN
SECTIONS OF VARIOUS ORDINANCES AND THEIR IDENTICAL ____
MUNICIPAL CODE PROVISIONS AND ADOPTING RULES AND
REGULATIONS FOR WATER SERVICE.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15 i
16
17
18
19
20
21
22
23
24
25 ~
26
27
28 C
29
30
31
32
THE CITY COUNCIL OF THE'CITY OF :LAKE ELSINORE DOES ORDAIN AS FOLLOWS:
SECTION ONE.
Section One of Ordinance 562; Section One of Ordinance 568; Section
Two of Ordinance 562; Section Three of Ordinance 269; and Section One of
Ordinance 323, comprising Chapter 13.04 of the Lake Elsinore Municipal Code
are hereby repealed.
SECTION TWO.
Section One of Ordinance 27, comprising Chapter 13.08 of the Lake
Elsinore Municipal Code, is hereby repealed.
SECTION THREE.
Chapter 13.12 of the Lake Elsinore Municipal Code is hereby
renumbered to Chapter 13.22, and each section in said chapter is similarly
renumbered.
SECTION FOUR.
Chapter 13.16 of the Lake Elsinore Municipal Code is hereby
renumbered to Chapter 13.26; and each section in said chapter is similarly
renumbered.
SECTION FIVE.
Chapter 13.24 of the Lake Elsinore Municipal Code is hereby
renumbered to Chapter 13.30, and each section in said chapter is similarly
renumbered.
SECTION SIX.
Chapter 13.28 of the Lake Elsinore Municipal Code is hereby
'enumbered to Chapter 13.34, and each section in said chapter is similarly
enumbered.
SECTION SEVEN.
There is.hereby added to Title 13 of the Lake Elsinore Municipal
ode the following chapters and sections:
CHAPTER 13.01 - GENERAL PROVISIONS
13.01.010 Short Title. This Ordinance consisting of Chapters 13.10
rough 13.15, shall be known and may be cited as "Rules and Regulations for
ter Service."
tt
Wa
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
13,01,020 Words and Phrases. For purposes of this Ordinance, all
words used herein in the present tense shall include the future tense; all
words in the plural number shall include the singular number; all words in
the singular number shall include the plural number; and all words in the
male gender shall include the female gender.
I 13,01.030 Water System, The City shall furnish a system, plant..
works and enterprise used for and useful in obtaining, conserving,. storing,
transmitting and delivering water for public and private use.
13.01.040 Separability. If any part of this Ordinance is for any
reason held to be unconstitutional or otherwise invalid, such decision shall
not affect the validity of the remainder of this Ordinance.
13,01.050 Pressure Conditions. All applicants for service conn-
ection or water service shall accept such conditions of pressure and service
as are provided by the City's Distribution System at the location of the
proposed service connection, and the City shall not be responsible for any
damages arising from low pressure or high pressure conditions.
13,01.060 Interruption of Service for Emergency Repairs. The City
may interrupt water service to any customer or customers when necessary to
make emergency repairs or when other such emergencies necessitate such
interruption, and the City shall not have any responsibility for damage
arising out of such an interruption in service.
13.01.070 Tampering with Citv Property. No one except an employee
or representative of the City shall atany time or in any manner operate
the curb-cocks, meter valves, main-cocks, gates or valves of the City water
system or interfere with meters, their connections, street mains, or other
parts of such water system; provided that licensed plumbers may close and open
City curb-cocks in order to repair a consumer's control valve.
13,01.080 Violation. Any owner or consumer who fails to comply
with any part of this Ordinance or any other ordinance or resolution of the
City fixing rates and charges for water service may have his service discon-
tinued, and in such event such service shall not be resumed until such owner
or consumer has corrected such noncompliance. In lieu of or in addition to
-2-
1
2
3
4
5
6
7
8
9
10
it
12
13
14
15
16
17
la
19
20
21
22
23
24
25
25
27
28
29
30
31
32
such a discontinuance of service, the City may bring an action against such
a noncomplying owner or consumer in a court of competent jurisdiction for
equitable relief compelling such owner or consumer to comply with the City's
regulations and/or for damages.
13.01.090 Charges faz Work.2~iy City Personnel. The City Council
shall establish by resolution a charge for work done by City personnel and
City equipment to be paid by owners requesting such work, or in the event of
damage to City water system facilities, by the person or persons responsible
for such damage. The amount owing for any such work shall be billed by the
City to the owner requesting same or responsible therefor as soon as is
reasonably possible following the completion of such work, and said amount
shall be due and payable as of the date of the City's bill and delinquent if
not paid within thirty (30) days thereafter. The schedule of rates for work
by City personnel and equipment shall be made available at the City office fc
inspection by any interested person,
13,01,100 Notices. Notice from the City to an owner or consumer
shall be given in writing and either delivered or mailed to him at his last
known address, provided that where conditions warrant and in emergencies, the
City may resort to notification either by telephone or messenger, Notice
from an owner or consumer to the City shall be given by him or his authorized
representative either in writing or verbally at the City office or by
telephone to the City office.
CHAPTER 13,02 -DEFINITIONS
13,02,010 "City Council" means the City Council of the City of
Lake Elsinore.
13,02,020 "Consume r'° means a person using water facilities of the
City.
13,02,030 "Cost" means the cost of labor, material, transportation,
supervision, engineering, and all other necessary overhead expenses.
13,02,040 "Cross-Connection" means any physical connectionbetween
the piping system from a City service connection and that of any other water
supply which is not, or cannot be, approved as safe and potable for human
-3-
1
2
- 3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
z7
28
29
30
31
32
consumption, whereby water from the unapproved source may be forced or drawn
into the City's distribution mains.
13,02.050 "Developer" means a person who subdivides property within
the City and who makes application to the City for water service for such
subdivision,
13,02,060 "City" means the City of Lake Elsinore.
13,02,070 "Main" means a waterline in:;a street, highway, alley, or
easement tised for public and private fire protection and for general distri
ti on of water.
13,02,080 '°Person" means an individual or a company, association,
co-partnership, or public or private corporation.
13,02,090 "Premises" means a lot or parcel of real property under
one ownership, except where there are well defined boundaries or partitions
such as fences, hedges, or other restrictions preventing the common use of
the property by the several occupants, in which case each portion so
separated shall be deemed as separate premises. Each living unit in an
apartment house or condominium and each separate office in an office building
shall be considered a single premise.
13,02,100 !'Private Fire Protection Service" means water service
and facilities for building sprinkler systems, hydrants, hose reels, and
other facilities installed on private property for fire protection, and the
water available therefor,
13,02,110 "Public Fire Protection Service" means the services and
facilities of the entire water supply, storage, and distribution system of
the City, including the fire hydrants affixed thereto and the water available
for fire protection, excepting house service connections and appurtenances
thereto,
13,02,120 "Owner" means a person owning the fee, or the person in
whose name the legal title to property appears by deed duly recorded in the
County Recorder's Office or the person in possession of property under claim
of, or exercising acts of ownership over same for himself, or as executor,
administrator, guardian, or trustee of the owner.
-4-
1 -. : ., 13,02,130 "Regular Water Service" means water service and facili-
2 ties rendered for normal, domestic, commercial, and industrial purposes on:a
3 permanent basis, and the water available therefor,
4 13,02,140 ~!AUthorized Tenant" means a person occupying premises
5 pursuant to a lease and who is authorized by authority of an agreement with
6 the owner of such premises to receive and pay City bills for charges for
'7 water service to such premises.
g 13,02,150 "Temporary Fire Hydrant Service" means temporary service
9 from a City fire hydrant for construction work and other uses of limited
10 duration with approved meter and appurtenances and the water available
11 therefor.
12 13,02,160 "Service Connection'° means the service line extending
73 from a City water main to the property line of premises and the meter and
14 curb-cock installed at or near the property line.
15 13,02,170 "Fire Service Connection" means the service line extend-
16 ing from a City Water main to the property line of premises for the purpose
17 of providing private fire protection service and the shut-off valve, meter
18 and meter box, back-flow protection device, check valve and detector check
19 meter, if any.
20 13,02,150 "Subdivision" means any division of an existing parcel of
21 land within the City Limits into five (5) or more lots, including a sub-
22 division, a land division subject to a parcel map, and a condominium project.
~3 13,02,190 "Service Charge" the service charge is a ready to serve
24 charge applicable to all metered services which is charged durning periods of
25 one month or longer without water consumption and/or any other charges as may
26 be established by action of the City Council,
27 13,02,200 "Backflow Devices" as defined in compliance with Title 17,
28 Administrative Code of the State of California,
29 CHAPTER 13,03 - GENERAL USE REGULATIONS
30 13,03,010 Waste. No consumer shall knowingly permit leaks or waste
31 of water. When water is wastefully or negligently used on a consumer's
32 premises, the City may discontinue service to such premises if such condition
-5 -
i
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
are not corrected by the consumer within fourteen (14) days after receipt
of written notice thereof from the City and such service shall not be
resumed until such condition is corrected, In the absence of the owner from
premises where water is being wasted due to a visible leak, the City may
close the curb-cock to prevent further loss of water, and shall thereupon
notify the awner of such action at the address on file at the City office;
and the City shall not be liable for any damage to the owner's appliances
.and premises due to such action.
13,03.020 City Facilities on Private Propert Upon making applica-
ti on for water service for his premises, an owner consents to the installation
by the City on his property of such facilities as may be necessary to provide
(water service thereto, and all such facilities installed by the City on the
owners property for the purpose of providing water service shall be and
remain the property of the City and may be maintained, repaired, or replaced
by the City without the consent of the owner or occupant of the property.
n~o payments shall be made by the City to the owner for placing or maintaining
such City facilities on the owner's property, and the owner shall use
reasonable care not to damage such facilities. Any relocation of such
facilities at the request of the owner shall be at the expense of the
owner.
13,03,030 Damage to Water System Facilities. Owners of premises
shall be liable for damage to water service facilities resulting from acts
of the owners or their tenants, agents, employees or contractors, including
the breaking or destruction of locks on or near meters and any damage to a
meter, including damage by hot water or steam from a boiler or heater on the
owner's premises. An owner shall reimburse the City Finance Department for the
cost of repairing any such damage promptly upon presentation of a bill thereof,
13,03,040 Ground Wire Attachments. No person, firm or corporation
shall attach any ground wire or wires or otherwise use as part of any
electrical circuit any pipe or other plumbing which is or may be connected
to a service connection or main belonging to the City, and the City may
disconnect any such ground wire that has been connected to a City main or
-6-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
service connection. The owner of the premises where any suoh ground wire
connection has been made whall be responsible to the City for any damage
occasioned thereby to the City's water system,
13,03,050 Owner's Control Valve. A control valve (stop-and-
waste or Gate valve) shall be installed outside the meter box on the consumer'
side of each service connection to control the flow of water to the water
system on the premises. Except as provided in Section 13,01,070, the
city curb-cock may only be operated by city employees, and no owner or
occupant of any premises shall use the City's curb-cock to turn off or
on the water supply to the water system on such premises.
13,03.060 Cross-Connections. All owners of premises in the City ',
shall comply with state and federal laws governing the separation of dual
~~
water systems and the installation of backflow protective devices to protect ',
the public water supply from the danger of contamination through cross-c>.
connection, Whenever such backflow protective devices are found to,be
necessary with respect to any premises, all water supply lines from the
City's mains entering such premises or any buildings or structures thereon
shall be protected by an approved backflow device, and such backflow
protective device shall be installed as near the City service connection as
possible. Plot plans or development plans will be submitted to the
Director of Public Works and the City Engineer for approval. Plans in-
dicating the possible need of backflow protective devices as required by
state, federal laws and/or ordinance will require installation plans to be
approved by the Director of Public Works and the City Engineer, It is
the owner's responsibility to have backflow devices inspected and repaired
if necessary, annually by a Certified Backflow Inspector at the owner's
expense. Certification of inspection and/or repair will be filed with
Director of Public Works within thirty (30) days of required inspection
date. Lawn sprinklers and/or watering systems shall be equipped with an
air gap or other devices as approved by Director of Public Works. Yard or
Landscaping water installation plans will be submitted for approval and
inspected upon completion of installation by the Public Works Department.
-7-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Water service will be discontinued to any premises if any defect is found
in a back-flow protective device or if the City finds dangerous unprotected
cross-connections on such premises, and service shall not be restored until
such defect or dangerous condition is corrected or failure to adhere to
any part of this paragraph.
13,03,070 Special Circumstances. When an owner of premises or
his tenant is engaged in the handling of dangerous corrosive liquids or
industrial or processed waters, the City may require such owner to eliminate
certain plumbing or piping connections on such premises as an additional
precaution and in order to protect against backflow,
13,03,080 Relief Valves. Pressure relief valves shall be installed
on the consumer's side of all service connections by the owner to protect
the owner's water system from damage due to variances in water pressure in
the City main,
13,03,090 Ingress and Egress. City employees shall have the right
of ingress and egress to all premises to which the City provides water
service, but not to buildings and structures on such premises, at reasonable
hours for any purpose reasonably connected with the furnishing of water
service thereto, Water Department employees shall carry indentification cards
with them at all times during working hours, and upon entering premises for
the purposes afore-said shall display same to the owner or occupant thereof
upon request.
13,03,100 Non-Registering Meters. If a meter is found not to be
registering, the City shall bill the person whose name appears on the
application or tenant agreement for service through said meter for the
period of time from the date of the last meter reading when said meter was
registering through the date of the discovery that said meter was not
registering, based upon the City minimum monthly water rate or based upon
the estimated consumption of water through said meter during said period of
time to which shall be applied the City water rate schedule, whichever
method results in a greater amount; provided that such an estimate of con-
sumption shall be made based upon previous consumption of water through
-$-
1
2
3
4
5
6
7
8
9
IO
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
z7
2s
29
30
31
32
(Said meter for a comparable period or by such other method as is determined
~by the Director of Public Works and/or City Manager to be most equitable,
and the decision of the Director of Public Works and/or City Manager shall
be final.
13.03.110 Replacement. The City may replace a meter for testing
or in the event that the Director of Public Works and/or City Manager
determines that it may not be registering accurately or should be replaced
because of its age or condition.
CHAPTER 13.04 - WATER DEPARTMENT
13.04.010 Water Department. The City water department consists of
City Manager, Director of Public Works, Water Foreman, and other employees
as may be designated by the City Manager.
13.04.020 City Manager. The City Manager shall be responsible for
the application and enforcement of the rules and regulations herein set
forth and for the general supervision of the Director of Public Works and
other employees.
13.04.030 Director of Public Works/Cit Engineer. The Director
of Public Works shall have charge of the operations and maintenance of the
water system, and shall regularly inspect all physical facilities related
to said system to insure that they are in good repair and proper working
order. The Director shall supervise all repair or construction authorized
by the City Council or the City Manager.
///
///
///
///
///
///
///
///
///
///
/// ~
-9-
1
2
3
4
5
6
7
8
9
10
it
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
CHAPTER 13.05 - WATER RATES
13.05.010 Water Rates. The rates, charges, and penalties
for different classes of water service by the City shall be established by
resolution of the City Council. The City Council shall by resolution also
establish charges for the installation of service connections to the water
system, which may vary depending upon the size of meter installed. Any
such resolution adopted by the City Council may also provide for ahd
establish an amount to be deposited with the City by an applicant for water
service as a deposit to insure payment of bills for water service and for
water supplied by the City. Nothing in this Ordinance shall be construed
as limiting the authority of the City Council to establish any fee or charge
related to water service which is legally pernissible.
CHAPTER 13.06 - REGULAR WATER SERVICE
13,06,010 Application. An owner desiring water service for his
premises shall make application for water service at the City office. Such
owner shall furnish the City with all information necessary for the City
to complete a water service agreement and shall thereafter sign such
agreement, and at such time the owner shall also pay the City's service
installation charge in full.
13,06,020 Contractors Convenience. When a contractor desires
service to a building under construction and the owner is not available
to sign the water service agreement and pay the required service installation
charge, the contractor may make application for the water service by paying
the service installation charge; provided that the City shall make no
refund of said charge to the contractor, and the contractor shall look
solely to the owner for reimbursement; provided, that if the City is unable
to obtain from the owner a signed agreement for water service within
thirty (30) days after the contractor makes application to the City for
water service, the City may discontinue water service to the contractor.
This section does not apply to temporary fire hydrant service for construc-
ti on water,
13.06.030 Undertaking of Applicant. The act of an owner in
-10-
1 signing an agreement for water service to his premises signifies his willing-
2 ness and intention to comply with this and other ordinances and regulation
3 of the City as they now appear or may thereafter be amended or adopted,
4 relating to regular water service and to make prompt payment for all
5 water delivered by the City through the meter to his premisies.
6 13,06.040 Payment for Previous Service. An application for
7 water service shall not be honored if the applicant has a delinquent account
$ with the City for water or other service.
9 13.060050 Size and Location of Service. The City shall determine
10 the location of all service connections and the size of meters, pipes and
11 other facilities to be installed therein. An owner shall not lay any
12 pipeline from his residence or business establishment to the curb or
13 property line until the Director of Public works has approved the location
14 and size of the water service.
15 13,06.060 General. Service installation shall be made only to
16 property abutting distribution mains in public streets, alleys and easements,
1~ or extensions of such mains as herein provided. The City shall not be
lg responsible for the relocation of service installed in new subdivisions
19 prior to the completipn of street improvements.
20 13.06.070 Curb-Cock, Every service connection installed by the
21 City shall be equipped with a curb-cock on the inlet side of the meter.
22 Such curb-cocks shall be used exclusively by the City in controlling the
23 water supply through the service connection. If a curb-cock is damaged as
24 a result of use thereof by an owner or occupant of premises, such curb-
25 cock shall be replaced at the owner's expense.
26 13.06.080 Changes Resultinq in Increase in Water Consumption. An
27 owner who plans to make material changes in the size, character or extent of
2$ equipment or operations utilizing water service through a City service
29 connection which will result in a significahL increase in use of water
30 through such connection, shall prior to malting any such change notify the
31 City in writing of such plans so that the City may determine whether any
32 changes will be necessary in the size of the meter and other parts of the
-11-
__ __
1 service connection to accommodate the expected increase in water usage,
2 and if the City determines that such changes in the service connection
3 will be necessary, the owner shall file a new application for water service
4 with the City and pay to the City the City's charge for the modifications
$ of the service connection. If the City finds that an owner has made such
6 material changes which have resulted in:;a significant increase in water
7 usage on such owner's premises without notifing the City thereof, the
$ City shall notify such owner of the modifications, if any, which will be
9 necessary in the service connection to accommodate such increased water
10 usage, and that the owner is required to make a new application for
11 water service and to pay the City's charge for modification of such water
12 service, and of the amount of such charge, and if the owner does not make
13 such application and pay such charge within seven (7) days after receipt of
14 such notification, the City may discontinue water service to the owner's
15 premises until the owner makes such application and pays such charge and
16 the necessary modification o£ the service connection is completed.
17 13.06,090 Number of Buildings Served by Single Connection, Etc..
ig Service connections shall be installed by the City in accordance with the
19 following requirements:
20 A. One Connection Per Building. Each residence or
21 building under separate ownership shall receive water service through
22 a separate service connection; provided that two (2) or more residences
23 owned by the same person and located on the same lot or parcel may
24 at the discretion of the Director of Public Works be supplied water
25 through the same service connection, and the Director of Public Works
26 may limit the number of such residences which may be supplied with
2~ water.
2$ B. Adjoining Lots. A service connection to one
29 property shall not be used to supply water to an adjoining property,
30 whether such adjoining property is owned by the same or a different
31 owner, or to supply property across a street or alley from the
32 property where the service connection is located.
-12-
1
2
3
4
5
6
7
8
9
10
it
12
13
14
15
16
17
18
19
20
21
22
23
24
25
25
27
28
29
30
31
32
C. Division of Property. When a lot or parcel for
which a service connection has been installed is subdivided or split,
the service connection shall be used only to supply the portion of
such lot or parcel where such service connection is located, and the
owner or owners of the other lots or parcels created by such sub-
division or lot split shall make application to the City for water
service.
13.06.100 Service connections as Property of City. The portion of
a service connection extending from the City's water main to the property line
and including the meter, meterbox curb-cock and check valve are the property
of and shall be maintained by the City.
13.06.110 Owner's System, All pipes and fixtures installed and
located beyond the meter or check valve to provide water services to
premises shall be installed by the owner of such premises in compliance
with the requirements of the City of Lake Elsinore and shall thereafter be
maintained by the owner. The City shall not be responsible for water
loss due to leaks or any other occurence on the owner's side of a meter
or check valve.
CHAPTER 13.07 - METERS
13.07.010 Installation and Ownershipo Meters shall be installed
by the City as near to the property line as is practicable. Actual location
of service will be determined by Director of Public Works and/or City
Engineer. Meters, when installed, shall be owned by the City. Meters may
be locked by the City and no lock shall be altered, removed, or broken
except by an authorized City employee.
13.07.020 Testinq and Deposit. Meters shall be tested by the City
or certified by the manufacturer prior to installation and no meter shall
be installed which registers more than two percent (2~) fast or slow.
An owner requesting that a meter serving property owned or occupied by
him be tested shall deposit with the City an amount which in the opinion
of the Director of Public Works shall cover the cost of such testing and
if the meter registers more than two percent (2%) fast, such deposit shall
-13=:
1
2
3
4
5
6
7
8
9
10
it
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
be refunded but if the meter registers less than two percent (20) fast
such deposit shall be retained by the City, The owner requesting a
meter test shall be present when said test is conducted. No deposit shall
be required for the testing of a meter with the City portable test meter
prior to the removal of such meter,
13,07,030 Adjustments for Meter Errors. If a meter is tested and
found to be registering more than two percent (2°s) fast, the City shall
refund to the owner the excess amounts collected from such owner during the
period of time within which bills have been sent to and paid by such owner
or for a period of six (6) months, whichever is less. If a meter test
indicates that a meter is registering more than five percent (5~) slow,
the City shall bill the owner for the water which has been consumed by
such owner and not paid for, based upon corrected meter readings for a
period of six(6) months immediately preceding the meter test or if
said owner has not been receiving bills for water service for that entire
six (6) months period, for the period of time during which such owner
has received such bills.
CHAPTER 13,08 - TEMPORARY FIRE HYDRANT SERVICE
13,08,010 General, The Director of Public Works may make water
e available for construction work and other uses of limited duration
h meters installed on fire hydrants in the City's water system, Such
service is herein-after referred to as "temporary fire hydrant service."
13,08,020 Application Deposit. A person, firm or corporation
eeking temporary fire hydrant service shall make application to the
ity and pay to the City Finance Department concurrently therewith the City
peter deposit for the size of the meter which will be required for such service.
aid meter deposit shall be refunded to the applicant if the meter is returned
undamaged at the conclusion of the temporary fire hydrant service.
13,08,030 Installation and Operation, All meters and control
aloes for temporary fire hydrant service shall be inita:ally installed
31 by City employees. The control valve must be used to control the flow of
32 water from the hydrant, and the hydrant valve shall not be used for this
-14-
1 purpose. Proper wrenches must be used to operate hydrant valves.
2 13.08,040 Responsibility for Meters and Valves. The consumer
3 shall exercise due care to prevent damage to the meter and control valve.
q The consumer shall remove the meter and control valve from the hydrant and
$ store them in a safe place at the conclusion of each workday and on week-
6 ends and holidays, and upon removing same shall replace the hydrant caps
~ snugly enough so that they cannot be removed without the use of a hydrant
g wrench, If a meter or control valve is damaged or lost, the consumer shall
g be responsible for the cost of repairs or replacement.
10 13.08.050 Unauthorized Use. Temporary fire hydrant service shall
11 be taken only from the hydrant or hydrants designated by the City, Tamper-
12 ing with or using any fire hydrant for the unauthorized use of water
13 therefrom is a misdemeanor punishable as provided by law.
14 13.08.060 Payment of Water Charges. The consumer shall con-
15 currently with the filing of his application for temporary fire hydrant
16 service deposit with the City Finance Department an amount equal to the
1~ estimated cost of water at the City's prevailing rate for such service for a
18 thirty (30) day period. Temporary fire hydrant service meters shall be read at
19 least every thirty (30) days during such service and at the conclusion thereof.
20 The consumer shall be billed on the basis of such meter readings at the
21 City then current rate for such service at the end of each calendar month
22 and all such bills shall become delinquent on the fifteenth (15th) day
23 of the following month. Failure to pay any bill for temporary fire hydrant
24 service shall result in the discontinuance of such service and the City
25 shall apply the consumer's deposit to the delinquent amount, and shall not
26 resume such service until said deposit is restored and any further delin-
27 quent amounts are paid in full. zf at the conclusion of temporary fire
Z8 hydrant service all bills for such service have been paid in full, the
29 consumer's deposit shall be refunded; provided that no such refund shall be
30 made until all such bills are paid in full and if this does not occur
31 ~^'ithin thirty (30) days after the conclusion of such service, the City
32 shall apply the consumer's deposit to the delinquent bills and refund
the balance if any to the consumer or in the event that the deposit
-15 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
is not sufficient to fully pay such delinquent amounts, bill the consumer
for the balance.
13,08,070 Discontinuance of Service. The City may discontinue
temporary fire hydrant service at any time, if in the opinion of the
Director of Public Works such action is warranted to protect City property
or in the event of an emergency, and the City shall exercise reasonable
effort to notify the consumer of an impending discontinuance before
actually discontinuing service.
CHAPTER 13,09 - DISCONTINUANCE OF SERVICE
13.09,010 Discontinuance for Nonpayment. Unless there is a bona-
fide dispute as to the amount of a bill and the owner avails himself of the
procedures set forth in Section 13,10.080, the failure of an owner to
pay a delinquent water bill within ten (10) days after such delinquency
occurs shall result in the City discontinuing water service to such
owner by locking the meter to the premises where such owner receives water
service, and the City shall not unlock the meter and resume service to
such owner until all delinquent amounts are paid in full. The failure of
an owner to pay a delinquent bill for water service within one (1) year
from the date such delinquency occurs shall result in the City disconnecting
the water service and removing the meter for the premises where such
owner receives water service, and such meter shall not be reinstalled and
the service shall not be reconnected until the owner has paid all delinquent
bills for water service in full and the City's then prevailing fee for
i disconnecting and reconnecting a water service; provided that the City
Manager or his designated representative shall have the discretion to enter
into an agreement with such an owner whereby such owner shall pay the
delinquent amount and the reconnection fee in installments and thereupon to
reinstall the meter and reconnect the water service to the premises where
such owner receives water service.
II 13.09.020 Voluntary Disconnection. An owner may request that the
water service to the premises where he receives water service be disconnected,
and upon payment by such owner of an amount equal to the City's monthly
-16 -
- __ _ __
1 minimum service charge for six (6) months and the amount of all charges for
I
2 water through the date of disconnection, the City shall disconnect the water
3 service to such premises and remove the meter therfrom. Following such a
4 disconnection, the owner may have the water service reconnected and the
5 meter reinstalled by paying to the City an additional amount equal to the
6 City's minimum service charge for six (6) months.
'7 13,09,030 Emergency Discontinuance. The City shall upon request
8 of an owner in the event of an emergency and if the control valve on the
9 owner's side of the meter is not working properly, turn off the City's
10 curb-cock, and in the event that the Director of Public Works determines
11 that there is an emergency and that the owner's control valve is not operating
12 properly through no fault of the owner, no charge shall be made for such :.
13 service regardless of when the request is made; provided that if such
14 request is made between the hours of 3:30 P.M. and 8:00 A,M. and the
15 Director of Public Works determines that there was no emergency or that the
16 owner's control valve is not functioning as a result of improper maintenance
17 or if there is not control valve, the owner shall be liable to the City for
1$ the cost in having its employees provide such service.
19 13,09,040 Vacating Premises. Owners desiring to discontinue
20 service shall notify the City prior to vacating the premises where they
21 receive water service, and an owner who vacates premises without notifying
22 the City thereof and requesting a discontinuance of service shall continue
23 to be liable to the City for all_:water supplied by the City through the
24 service. connection and meter to said premises until the City is made aware of
25 the fact that such owner has vacated such premises and an application
26 for water services is made by the new owner or occupant of such premises;
27 Provi@ed that the City may discontinue water service to such premises if
2$ neither the former owner nor the new owner of such premises pays the
29 amount of any delinquent bill for water service to such premises.
30 CHAPTER 13,10 - BILLING
31 13,10.010 Billing, The Director of r: Finance ,, shall establish
32 meter reading and billing periods so that meters will be read and bills
sent on the same day of each month,
-17-
1 13.10,020 Payment of Bills. Bills for water service shall be
2 due and payable as of the date of mailing and shall be delinquent thirty
3 (30) days thereafter. Payment of bills shall be made to the City Finance
4 Department in cash, personal check (other than a second party check),
$ certified check or other cash-equivalent. A consumer whose check is returned
6 by his bank for insufficient funds shall be charged a service charge of ten
7 dollars ($10,00) per return and the Director of Finance may in his discretion
g require such consumer to pay the bill in cash.
g 13.10,030 New Service. New water services installed during
10 and for less than a full billing period shall receive an adjustment
11 on the City's minimum monthly water charge based upon the number of
12 days during said billing period whey. water is supplied through such
13 new service.
14 13,10,040 InclementWeather, At times when meters cannot be
15 read because of inclement weather, the City shall bill owners of premises
16 where meters cannot be read only the minimum monthly charge for water
1~ service until conditions permit the recommencement of regular
18 meter reading, whereupon the City shall bill such owners for all water
19 consumed during the period when their meters could not be read in excess
20 of the quantity permitted upon payment of the minimum monthly charge,
21 provided that an owner shall have the option of paying an amount in
22 addition to the monthly minimum charge based upon his estimate of the
23 amount of water which he has and will consume during the period when his
24 meter cannot be read.
25 13,10.050 Owner Tenant Agreement. Where the owner of premises
26 wishes to have a tenant to whom he has leased the premises billed for
27 water service to such premises, the owner and tenant shall enter into the
28 City's standard form owner-tenant agreement and upon the filing of such
29 agreement with the City, the City shall bill the tenant for all water service
30 to such premises provided that such an agreement shall. not relieve the
31 °`~er of responsibility for unpaid bills for water service to such
32 premises and provided further that the City shall not permit an owner
_l g_
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
and tenant to enter into such an agreement if the tenant owes the City
a delinquent bill for water previously provided by the City to the
tenant.
13.10.060 Water Use without Application. A person who takes
legal title to and occupies premises and thereafter uses water from an
active service connection without having made application to the City
for water service shall be liable to the City for water delivered from
the date: of the City's last meter reading of a meter at such premises
and if the meter is found to be inoperative the billing for such water
delivered shall be based upon an estimate of the amount delivered and
provided further that if such a person does not make proper application
for water service within seven (7) days after receipt of notification
to do so from the City or if such person does not promptly pay the bill
for water delivered from the date of the City's last meter reading to
the date of such bill, the water service to such person°s premises shall
be discontinued by the City without further notice.
13.10.070 Responsibility for Leaks. The City shall not be
responsible for water supplied through a meter as a result of leaks
in the owner's water system or plumbing or as a result of the owner
leaving plumbing fixtures turned on during the time when the owner is
absent from the premises or for any damage or monetary loss which may
result therefrom. If the City is requested by the owner to turn on the
water to the owner°s residence and such residence is vacant and the
City employee ascertains that the meter to such residence is registering
the City employee shall not turn on the water service but shall leave
the same off at the curbcock on the inlet side of the meter. Upon
discovery of a leak in an owner's water system, which in the dicretion
of the Director of Public Works is causing a waste of water, The
Director of Public Works may discontinue service to such owner's
premises until such leak is repaired by the owner and the owner;'has paid
in full the amount of any delinquent bills for water service.
-19-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
13,10.080 Disputes. If an owner disputes the amount of a bill
for water service or that such a bill is owned by him, he shall notify the
City in writing of such dispute and the Director of Finance shall upon
receipt of such notice, notify the owner of at least two (2) dates and
times when the Director of Finance will be available to meet with such
owner to discuss the disputed bill. If the owner wishes to avail himself
of the opportunity to meet with the Director of Finance, he shall present
himself at the City offices at one of the times mentioned in the Director
of Finance notice and the Director of Finance shall meet with him and
hear his complaint. The :CityoManager.'_upon recommendation of the Director
of Finance may, at his discretion adjust the disputed bill or enter into an
agreement with the owner permitting him to pay the bill or the adjusted
balance in installments over a specified term of months.
13,10.090 Deposit.
1. Domestic Water Service. A cash deposit, to the City Finance
Department, shall be required of all applicants requesting water service
before water service is rendered the applicant,
2, Fire Hydrant Meter. A deposit, to the City Finance Department,
shall be required before service is rendered.
13.10,100 Deposit Refund.
1, Property Owner, Deposit may be applied to customer water account
after one (1) year of good credit determined by payment of all water
charges on time.
2, Renters. Deposit will be held until water account is closed and
will be applied to the final closing bill.
3, Refund of any credit due the .customer will be refunded within
thirty (30) days after the account is closed.
CHAPTER 13,11 - COLLECTION
13,11,010 Legal Action. The City may collect delinquent bills
for water service by civil action in court.
~~.~~ _ .. , . _. -~i~~ - __ _ .._ .~.~~~ _ . _ _ _ . _ . rill ...
-zo-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
13,11.020 Collection on Tax Bills. Pursuant to Section 54354
of the Government Code, the City may cause delinquent or unpaid charges
for water service to be recorded as provided by law and thereafter to
constitute a lien upon the real property served until fully paid or
the property sold therefor,
CHAPTER 13.12 - MAIN EXTENSIONS
_..
13.12.010 Deposit and Design. If the City Manager and/or
Director of Public Works determines upon reviewing an application for
regular water service that a City water main is not available or if an
an existing water main is not capable because of its size or condition to
provide adequate water pressure and fire protection service to the
premises for which applicationis made, the owner-applicant shall deposit
with the City concurrently with the filing of his application for water
service the estimated cost, as determined by the City Engineer, of the
design and installation of an extension of the City water main or of
a new main which will provide adequate water service to the applicant's
I premises. Thereafter, the City Engineers: shall design the water main
extension or new water main and the City shall have such main exten-
Sion or new main installed.
13.12.020 Oversizinq; Participation; Transfer or Services. The
City may elect to install a main extension or a new maih of a diameter
which exceeds the diameter of the main which, in the opinion of the City
Engineer, would be necessary to provide water service to an applicant's
premises; in which case, the City shall pay the difference in the cost
of the pipe installed and the cost of ,the pipe, which in the opinion
of the City's Engineer, would have been necessary to provide water
service to such premises; and provided further that if a new main is
installed, the City may elect to transfer services from the existing
(City main to the new main, and to connect to such new main new homes
and business establishments constructed on properties-that were ad-
~~jacent to and would have received water service from such existing
main, and no reimbursement shall be owing to the applicant as a result thereof.
-21-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
13,12.030 Additional Cost or Refund. If the cost of a main
extension or new main, or if the City elects-to install a larger main
that what would be necessary to provide water service to an applicant°s
premises, the applicants share of such cost exceeds the amount of the
applicant°s deposit, the applicant shall pay such excess to the City
before receiving waterservice from the City, or if the cost of such
a main extension or new main, or of the applicant's proportionate share
thereof, is less than the amount of the applicant's deposit the City
shall refund the balance thereof to the applicant.
CHAPTER 13,13 - WATER SERVICE TO SU BiJIVISIONS
13.13.010 Application. A developer requesting water service
for a subdivision within the City shall file a letter of application
with the City containing or accompanied by the following:
(a) The name, address and telephone number
of the developer and the developer's engineer;
(b) Three (3) copies of a map showing the
topography and boundaries of the proposed subdivision and
tentative lot and road layout;
(c) A legal description of the property which
is proposed for subdivision; and
(d) A statement as to whether or not the sub-
division of the proposed property is to be phased and, if so,
a projection of the timing of the development of each phase of
the subdivision,
13,13,020 Feasibility Study and AvailabilityS:Le'tter, Upon
receipt of such a letter of application, the City engineer shall conduct an
investigation and determine the City's cost of conducting a feasibility
study with regard to providing water service to the proposed subdivision,
and upon completion of such study shall transmit to the developer a
statement of the City°s cost for the feasibility study. Upon receipt
from the developer of the cost of the feasibility study, the City staff
shall undertake an investigation of the feasibility of providing
-z2-
1 water service to the proposed subdivision and shall report the findings
2 of such study to the City Council. Upon receiving the feasibility study
3 report from the City staff, the City Council shall either approve or
4 disapprove of the City providing water service to the proposed sub-
s division, and if the City approves such service, shall authorize the
6 City Manager or his designated representative to issue.a letter to the
7 City of Lake Elsinore Planning Department and the developer stating
$ that the City's water system is available to the proposed subdivision,
9 and that upon the developer making satisfactory financial and other
10 arrangements with the City regarding the construction of facilities
11 to extend the City water system to the proposed subdivision and the
12 construction of the water system within the proposed subdivision
13 and otherwise complying with the City rules and regulations regarding
14 water. service, the City will provide water service to the proposed
15 subdivision.
16 13.13.030 Main Extensions. zf the City Engineer and/or Director
1'7 of Public Works determines that it is necessary to extend a City Water
1$ main or mains to bring the City water system to the exterior boundaries
19 of a proposed subdivision or if the City Engineer and'/or Director zif
2Q Public Works determines that an existing City water main is not of
2L sufficient size to provide adequate water pressure and fire protection
22 service to a proposed subdivision,`the..developer shall deposit with the
'73 City at the time he presents the plans and specifications for the water
24 system for the proposed subdivision to the City for approval for
25 purposes of the recording of the final map for the proposed subdivision
26 the estimated cost, as determined by the City engineer, of the design
27 and installation of the water main extension or the water main which in
28 the opinion of the City?Engineer is needed to replace an existing
Zg inadequate water main, . :?, Such amount shall be utilized by the City
30 to design and install such water main extension or new water main;
31 provided that the City may determine to install a main of greater size
32 than, in the opinion of the City Engineer, would be necessary to supply
-23-
i
1 the proposed subdivision with water service, in which event the City
2 shall be responsible for the difference in cost between the size of
3 pipe used in such main or mains and the size of pipe, which in the
4 opinion of the City Engineer, would be necessary to supply the proposed
$ subdivision with water and fire protection service. if the cost of the
design and installation of the water main extension or new water main,
~ not including the cost differential, if any, for oversize pipe
$ exceeds the amount of the developer's deposit, the City shall notify
9 the developer thereof in writing and the developer shall pay such excess
10 to the City before receiving water service for the subdivision from
11 the City or if the cost of the design and installation of such water
12 main extension or new water main is less than the amount of the
13 developer's deposit, the City shall refund the balance thereof to the
14 developer,
15 13,13.040 On-site Water System. The developer shall also
16 construct and install at his sole expense the water system within the
17 proposed subdivision, The plans and specifications for such water
18 system shall be prepared in accordance with the City standard con-
19 struction specifications, and such water system shall be constructed
20 and installed in compliance with the City's requirements.
21 13.13.050 Plan Check. A developer requesting approval of the
22 plans and specifications for a water system for a proposed subdivision
23 with the City shall pay the City Plan check fee and shall concurrently
24 therewith deliver to the City the following documents:
2$ A. Three (3) copies of the plans and specifications
26 for the water system;
27 B, A performance bond in a form and issued by a
Z8 surety acceptable to the City, naming the City as obligee, and
29 issued in a principal amount equal to 100% of the total estimated
30 cost, as determined by the City Engineer, of the construction of ~:.
31 the water system and facilities shown in said plans, and
32 conditioned upon the satisfactory completion of the construction
-24-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
25
27
28
29
30
31
32
and installation of the water system and facilities and guaran=
teeing that such water system and facilities shall be free f.
defects resulting from faulty materials or workmanship for a
period of two (2) years from the acceptance thereof by the
City Manager,
C. A labor and material payment bond in a form
and fissured by a surety acceptable to the City naming the City
as obligee, and issued in a principal amount equal to 100% of
the total estimated cost, as determined by the City Engineer,
the construction and installation of the water system and
facilities and conditioned upon the payment by the developer
and his contractor of claims of all persons entitled to file
mechanic's liens or stop notices pursuant to Civil Code Secs.
3110, 3111, 3112, and 3115.
Upon delivery of such plans, documents and the plan check fee, the
City Engineer or-" the Director of Public Works shall review the plans
and specifications, and if they are prepared in conformance with the;
City's requirements, and if such other documents are in satisfactory,
form, shall certify same to the City Council, whereupon the City Council
shall authorize the Airector of Public Works and/or City Engneer:.to
make the required certifications to the County of Riverside for
recording of the final map for the subdivision, and the City shall '',
thereupon also issue to the developer a construction permit authorizing
construction of the water system and facilities for the subdivision.!
13,13,060 Construction and Inspection. Prior to commencing
construction of a water system in a proposed subdivision, subdivisions or
any required extension or replacement of a City water main (hereinafter
collectively referred to as "water system"), the developer shall
notify the City and shall deposit with the City the City inspection fee
for inspecting the installation and construction of the water system.
The City shall inspect the construction and installation of the
water system, to insure that such construction is accomplished in
-25-
1 compliance with the City's requirements. The City employees and
2 agents who perform such inspection shall have no duty to the developer
3 or his contractor, and shall inspect solely for the City to insure that
4 the water system is constructed and installed in accordance with the
5 City requirements.
6 13,13.070 Acceptance of Water System. Upon satisfactory
7 completion of the construction and installation of a water system in
8 a subdivision and any required extension or replacement of a City water
9 main, as determined by the City Engineer, and Director of Public Works,
10 the developer or his contractor shall file a notice of completion
11 with the County Recorder of the County of Riverside and shall furnish
12 the-City with a conformed copy of such notice containing thereon the
13 stamp of the Recorder indicating the time and date of recording and
14 the book and page number where said notice was recorded. Upon the
15 expiration of the statutory period for the filing of mechanic°s liens,
16 the developer or his contractor shall deliver to the City copies of
17 all mechanic's liens which have been recorded and lien waivers or
18 releases from all persons filing such mechanic's liens and from all
19 other subcontractors, material and equipment suppliers, and all persons
20 supplying labor for the construction and installation of the water
21 system indicating that all such persons have been paid in full for the
22 labor, equipment or materials supplied by them for such construction.
23 At such time the developer shall also deliver to the City (1) duly
24 executed and acknowledged grants of easements for all pipelines and
25 other water system facilities which have been constructed and installed
26 other than in the public streets within the subdivision, (2) a duly
27 executed and acknowledged grant deed conveying unto the City all water
28 system facilities installed within the subdivision and all extensions of
29 the District's water mains to provide water service to the subdivision,
30 and (3) a duly executed and acknowledged grant deed conveying to the
31 City all water rights appertaining to the subdivision. All such
32 instruments shall be in a form acceptable to the City's legal counsel.
-26-
1 The developer shall also deliver to the City one set of reproducible
2 record drawings for the water system and one set of prints showing
3 the exact locations, depths and descriptions of all water system
4 facilities with the subdivision. Upon receipt of all such drawings and
g documents, and upon receiving written certification from the City's
engineer and/or Director of Public Worksthat the water system has been
'] constructed and installed in accordance with the City's requirements,
g the City Council shall adopt a resolution accepting the water system
q and all such grants of easements and deeds and authorizing the recordation
10 of same.
11 CHAPTER 13,14 - PUBLIC FIRE PROTECTION
12 13,14.010 Use of Fire Hydrants. Fire hydrants are installed
13 in the City water system for the use of City employees and firemen and
14 employees and firemen of their fire protection agencies, and no other
15 person shall use a City fire hydrant without first obtaining the
16 written approval of the Director of Public Works. A person obtaining
1~ such written approval shall operate the specified hydrant or hydrants
18 in accordance with instructions issued by the Director of Public Works.
19 13.14,020 Relocation or Replacement of Hydrants. Any person
20 requesting the relocation or replacement of a fire hydrant in the City's
21 water system shall be responsible for all costs of such relocation or
22 replacement, and shall deposit with the City Finance Department, at
~3 the time of such request, the estimated cost of such relocation or replacement,
24 and if the actual cost thereof exceeds the amount of such deposit, shall pay
25 the balance of such cost to the City Finance Department within ten (10} days
26 after receipt of an invoice therefor from the City, or if such cost is less
2~ than the amount of such deposit, the City shall refund the balance to the
28 depositor.
29 13.14.030 Additional Hydrants. If a property owner requests instal-
30 lation of additional fire hydrants in the City's water system in order to
31 comply with increased requirements for the spacing of hydrants necessitated
32 by a change in the zoning for his property or an intended change in use of
_2~_
1 such property, or if the City determines upon examining an application for
2 water service that the intended use of the property for which such application
3 is made will necessitate the installation of additional hydrants, the owner of
q such property shall be responsible for the cost of installing such additional
5 hydrants and shall deposit with the City Finance Department, the estimated
cost of such installation, and if the actual cost thereof exceeds the amount
7 of such estimate, shall pay the balance of such cost to the City Finance ',
g Department within ten (10) days after receipt of an invoice therefor from the
g City, or if such cost is less than the amount of such deposit, the City shall
10 refund the balance to such owner.
it 13.14.040 Maintenance. The City's Public Works Department shall
12 maintain all fire hydrants installed in the City's water system. If a
13 fire hydrant is damaged by act of any person, such person shall be r
14 responsible for the cost of the repair or replacement of said hydrants.
LS CHAPTER 13.15 - PRIVATE FIRE PROTECTION SERVICE
16 13.15,010 Application and Deposit. A person seeking private
17 fire protection service from the City shall enter into an agreement with
18 the City setting forth the terms and conditions of such service. Each
19 such applicant shall deposit with the City, concurrently with the
20 execution of such agreement, an amount equal to the estimated cost of
21 the installation of the fire service connection, which may include, at
22 the discretion of the Director of Public Works, a shut-off valve, meter
~3 box and meter, back-flow protection device and detector check meter.
24 If the actual cost of such installation exceeds the amount of such deposit,
25 the applicant shall pay to the City Finance Department the balance of such
26 cost within ten (10) days after receiving an invoice therefor from the City,
z7 or if such actual cost is less than the amount of such deposit, the
28 City shall refund the balance to the applicant. The installation of
29 all fire service connections shall be made by City employees or a
30 contractor selected by the City.
31 13.15.020 On-Site System. Each applicant for private fire
32 protection service shall be responsible for and bear the entire cost
_2g_
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
of the installation of the building sprinkler system and other facilities
to be installed on the applicant°s property beyond the fire service
connection. Upon the installation of such facilities and the fire
service connection, the applicant shall be responsible for the
maintenance of the back-flow protection device, check valve and
detector check meter, if any, and the facilities installed on the
applicant's property to provide fire protection service. If the City
finds .that a back-flow protection device, check valve or detector
check meter is not operating properly, it may repair or replace same
and charge the owner the cost thereof.
13.15.030 Cross-Connections. There shall be no connection
between private fire protection service and any other water distribution
system on an applicant's property, and such private fire protection
service shall be equipped with back-flow protective devices to protect
against contamination of the public water supply.
13.15.040 Use of Water. There shall be no water used through
a private fire protection service except for extinguishing fires and
for testing the building sprinkler system and other facilities on
the applicant's property. Any consumption recorded on a meter for
private fire protection service which relates to water which is used
for purposes other than those hereinabove permitted shall be billed
at twice the City's regular domestic water rates.
SECTION EIGHT.
This ordinance shall take effect as provided by law.
INTRODUCED AND PASSED UPON FIRST READING this 22nd day of December,
1981, upon the following roll call vote:
AYES: Councilmen Baldwin, Unsworth, MacMurray, Torn and Mayor Stewart
NOES: None
ABSTENTIONS: None
ABSENT: None
//// //// ////
-29-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16'
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 12th
day of JdnUdry 1982, upon the following roll call vote:
AYES: Councilmen Torn, Unsworth, Baldwin, MacMurray and Mayor Stewart
NOES: None
ABSTENTIONS: NOne
ABSENT: None
ATTEST:
~~
Manuel A. Rede, City Clerk
(SEAL)
-30-
ORDINANCE N0. 628
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA ADDING CHAPTER 17.30.,
HILLSIDE PLANNED DEVELOPMENT, TO THE LAKE ELSINORE
MUNICIPAL CODE PROVIDING DEVELOPMENT CP.ITERIA FOR
1 PROJECTS LOCATED WITHIN HILLSIDE AREAS TO ENHANCE
AND PRESERVE THE NATURAL RESOURCES OF THE CITY OF
.~ LAKE ELSINORE.
3 •_ :.
4
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
5 ORDAIN AS FOLLOWS:
6 SECTION ONE.
q There is hereby added to .the Lake Elsinore Municipal
Code Chapter 17.30, Hillside Planned Development, and
$ the following sections:
9 Section 17.30.010 - PURPOSE
10 It is the purpose of the hillside overlay zone to
provide for the reasonable use of hillside areas
11 while achieving the following;
12 A. Minimizing the danger imposed on the public
health, safety, and welfare by soil erosion,
13 slippage, flooding and fire;
14 B. Minimizing the disturbance of the natural terrain
and thereby conserving the aesthetic qualities
15 afforded by these areas.
16 Accordingly, additional regulations must be applied
to hillside areas to prevent unacceptable increases
17 in hazard and environmental damage, adverse changes
in community character, and to promote orderly de-
],g velopment of hillside areas consistent with existing
community character and enhance public safety and
19 general welfare and the conservation and management
of significant environmental resources.
20
Section 17.3Q.020 - PERMITTED USES
21
The uses permitted in this zone shall be those allowed
22 in the underlying zones established pursuant to this
title, and the requirements of this chapter shall
23 be in addition to and supplemental to the provisions
of the underlying zone. If there is a conflict
2a between the requirements of this chapter and any
other provisions of the code, the provisions of this
25 chanter shall prevail.
26 Section 17.30.030 - HILLSIDE DEVELOPMENT PROJECT DEFINED
27 Applications for a hillside development permit shall
be filed within the Planning Department if the project
2$ is within the designated Hillside Development District
area adopted by resolution of the City Council
29
Section 17.30.040 - "~IAT,ERIALS TO BE SUBMITTED
30
In addition to all materials and procedures required
31 by the City's subdivision, zoning, building and gra-
ding regulations, and environmental review procedures
32 applicable to hillside development projects falling
within the scope of this chapter, the following
-1-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
2a I
25
26
27
28
29
30
31
32
application materials shall be required to be sub-
mitted for all hillside development projects:
A,.' A plot plan:reflecting the proposed project, in-
cluding represehtations of property lines, .all
recorded and proposed property lines, .all recorded
and proposed easements, and public right-of-way,
B. A topographical map of the project site and all
adjacent terrain located within 150 feet of the
project boundaries.
C. A complete grading plan for the project.
D. A landscaping plan shall accurately show the final
disposition of all existing trees on the project
site and the type and extent of proposed vegeta-
tion, including provisions for ongoing maintenance
and irrigation thereof. Specific consideration
should be giveh to: Vegetation on newly formed
slopes; insure slope stability; provide ongoing
maintenance of vegetation associated with roadway
and with private driveways of more than 150 feet
in length or serving more than one building site.
Section 17.30.050 - ADDITIONAL MATERIALS WHICH MAY BE REQUIRED
ON HILLSIDE DEVELOPMENT PROJECTS
City staff, Design Review Board, Planning Commission
and City Council may require any or all of the follow-
ing materials to be submitted if necessary to properly
review and act upon a hillside development project:
A. All proposals for development in areas of known
geological hazards shall be accompanied by a
detailed geological report prepared by a recognized
engineering geologist, containing conclusions and
recommendations regarding the effect of geologic
conditions on the proposed development.
B. A soils engineering report which shall include but
not be limited to data regarding the Nature, dis-
tribution and strengths of existing soils, con-
clusions and recommendations for grading procedures,
design criteria for any identified corrective mea-
sures, and opinions and recommendations covering
the adequacy of sites to be developed. This in-
vestigation report shall be performed by a pro-
fessional soils ehgineer who is experienced in the
practice of soil mechanics and who is registered
with the state.
C. A hydrology report which shall include, but not be
limited to the hydrologic conditions on the site,
possible flood inundation, downstream flood hazards,
natural drainage courses, conclusions and recommen-
dations regarding the effect of hydrologic condi-
tions on the proposed development, opinions and
recommendations covering the adequacy of the sites
to be developed and design criteria to mitigate
any identified hydrologic hazards consistent with
these regulations. This report shall provide con-
sideration for each lot or dwelling unit site in a
-2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
proposed hillside development project. Runoff
and debris amounts shall be computed using county
flood control district criteria. The investigation
and report shall be completed by a registered civil
engineer experienced in the science of hydrology
and hydrology investigation.
Section 17.30.060 - LANDSCAPING
A. Landscaping plan consistent with the standards
set forth herein subject to approval by the
appropriate body shall be submitted fo~ra.].l hill-
side development projects. Failure':(to!..zrgate
and maintain landscaping according to these
approved plans shall be in violation of this code.
B. Landscaping shall emphasize the use and manage-
ment of native plants. Care should be taken
in plant selection and maintenance to avoid plants
of high flammabi ity either due to their intrin-
sic quality or the cumulative effect of dense
planting especially in proximity to structures.
C. All native vegetation on property will be allowed
to remain. If trees or ground cover are added
they shall conform to the following requirements:
1) All ground cover within 10 feet of the structur
shall not be more than three (3) feet in height;
2) Beyond this distance landscaping will be allowe
to increase two (2) feet in height for each
additional linear foot beyond the 10 foot boundary
line established above.
D. Trees and non-native evergreen shrubs shall not be
within 10 feet of. chimneys and should not other-
wise present unusual fire hazards.
Section 17.30.070 - GRADING
Grading requirements:; shall be those referenced
in most recently adopted grading ordinance and
attached diagram.
Section 17.30.080 - STREETS
Street development standards shall be those refer-
enced in the land division ordinance and attached
diagram. The City Engineer may impose special de-
sign considerations upon streets due to health and
safety, geologic hydrologic, road maintenance, or
other reasons which may adversely effect the project.
Appeal of City Engineer's requirement shall go dir-
ectly to the City Council.
Section 17.30.090 - SET-BACK REQUIREMENTS
Set-back requirements must be consistent with the
requirements of the underlying zoning designation
and the useable yard area requirements listed below.
For the purposes of this section, "useable" is de-
fined as having a gradient not exceeding that of the
balance of the building pad, or five percent, which
ever is the lesser.
-3.-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21~
22
23
24
25
26
27
28
29
30
31
32
A. Within single family districts a useable rear
yard of at least 15 feet from building to slope
shall be provided.
B. Within multiple family districts a useable rear
yard of at least 10 feet from building to slope
shall be provided.
C. Retaining walls may not be used within required
useable side or rear yards.
Section 17.30.100 - BUILDING HEIGHT ON SLOPE LOTS
If the average slope of the land on which a building
is situated is greater than one foot rise or fall
per five feet of horizontal distance, the height of
the building may be 10 feet more than the limit for
the zone when measured from the downhill side of the
building.
Section 17.30.110 - ACCESSORY BUILDING ON SLOPING LOTS
In any residential zone, detached accessory buildings
shall have front, side and rear yards of the same
minimum standards as is required by the underlying
zoning except as hereinafter provided; If the City
Engineer determines that no hazard to pedestrian or
vehicular traffic will be created, a garage or carport
may be built to within five feet of the street right-
of-way line, if the front half of the lot or building
site slopes up or down from the established street
grade at a slope graded one foot for each five feet
horizontal distance.
SECTION TWO
This ordinance shall take effect as provided by law.
INTRODUCED AND PASSED UPON FIRST READING this 12th
day of January
1982, upon the following
roll call vote:
AYE5: Councilmen Torn, Unsworth, Baldwin, MacMurray and
Mayor Stewart
NOES: None
ABSTENTIONS: None
ABSENT: None
////
////
////
////
////
////
-4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15~
16
17'
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
PASSED, APPROVED AND ADOPTED UPON SECOND READING THIS
26th day of January, 1982 upon the following roll call vote:
AYES: Councilmen Torn, Unsworth, Baldwin, MacMurray and Mayor Stewart
NOES: None '.
ABSTENTIONS: None
ABSENT: None
!.~ /'
erry H. Stewart, Mayor
ATTEST:
v~~ ~ < <;~
' Manuel A. Rede;:City Clerk
(SEAL) ,
-5-
ORDINANCE N0. 629
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA ADDING CHAPTER 17.38,
CONDOMINIUMS AND CONDOMINIUM CONVERSIONS TO THE
`L`AK'E'E1:S~NORE MUIflCI.PAL~ CODE ~REGIfI_ATl'NG Tl#!1'
OONV`fi1zS IONS
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN
AS FOLLOWS:
SECTION ONE.
There is hereby added to the Lake Elsinore Municipal code
Chapter 17.38, Condominiums and Condominium Conversions, and the following
sections:
SECTION 17.38.010 - PURPOSES
Residential condominiums differ from other residential
development in a variety of ways, particularly the relationship between
individually owner units and jointly held and maintained common areas.
Condominium developments are a mix of individual and common ownership
which differs from conventional and familiar patterns of housing in the
City of Lake Elsinore. The purpose of this ordinance is to address the
special attributes of condominiums and to adopt development standards
which will protect both the community and the purchasers of condominiums.
SECTION 17.38.020 - PERMITS REQUIRED
Condominium projects are permitted in appropriately zoned
districts within the city, subject to the issuance of a conditional use
permit pursuant to the provisions of this ordinance and the approval of a
tentative tract map as required by law. This requirement is in addition to
other permits or certificates required by law.
SECTION 17.38.030 - RELATIONSHIP TO OTHER LAWS
Idhenever regulations or restrictions imposed by this ordinance
are either more or less restrictive than regulations or restrictions imposed
by any other law, the regulations, rules or restrictions which impose higher
standards or requirements shall apply.
SECTION 17.3$.040 - GENERAL STANDARDS FOR NEW CONDOMINIUMS
A. In addition to standards applicable to regular subdivsions,
no new condominium project shall be approved unless the
following items have been submitted with the tenative map and
1
2
3,
4
5
8
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
approved by the City
1. A development plan of the project including location
and size of structures, parking layout, addess areas,
and exterior elevations;
2. A preliminary landscaping plan of the project indica-
ting type and sizes of landscaping materials and
permanent irrigation facilities;
3• A preliminary lighting plan of the project indicating
location and nature of lighting and lighting fixtures
in common areas.
4. The proposed condominium documents, including those por-
tions of the Covenants, Conditions, and Restrictions
that apply to the conveyance of units, the assignment
of parking and the management of common areas within
the project; and
5. Other information which the planning director determines
is necessary to evaluate the proposed project.
B. Projects shall comply with all applicable standard plans and
specifications and adopted city and state codes, as well as
the following provisions:
1. Outside uncovered and unenclosed storage of boats,
trailers, recreational vehicles, and other similar
vehicles shall be prohibited unless specifically desig-
nated areas for the exclusive storage of such vehicles
are set aside on the final development plan and provided
for in the associations covenants, conditions, and re-
strictions. Where such areas are provided, they shall
be enclosed and screened from view on a horizontal plane
from adjacent areas by a combination of six (6) foot high
opague fences and permanently maintained landscaping.
2. No exterior television antenna shall be permitted, but
a common underground cable service to all dwelling units
1 3. The developer shall install an on-site lighting system
2 in all parking areas, vehicular access ways and along
3 major walkways. Such lighting shall be directed onto
¢ driveways and wa.l:kways within the project and away from
5 dwelling, units and adjacent properties.
6 SECTION 17.3$•050 - DEVELOPMENT STANDARDS FOR NEW CONDOMINIUMS
7 A. The maximum density of a project approved pursuant to this
g article shall not exceed the maximum established for the
9 residential district where said project is proposed.
1Q B. Structures comprising dwelling units shall be separated to
11 provide adequate light, air, and privacy, but in no case shall
12 be less than ten (10) feet between said structures.
13 C. The location and orientation of all buildings shall be designed
14 and arranged to preserve natural features by minimizing the dis-
15 turbance to the natural environment. Natural features such as
16 trees., groves, waterways, scenic points; his8ori~c spoils or~lahd-
17 marks, bluffs or slopes shall be delineated on the site plan
1$ and considered when planning the location and orientation of
lg buildings, open spaces, underground services, walks, paved areas
2p playgrounds, parking areas, and finished grade elevations.
21 D. All structures proposed to be constructed within a project
22 shall conform to the following requirements:
23 1. Structures having units attached side by side shall
Q¢ avoid the long row effect by being composed of not
25 more than six (6) dwelling units. Alternative designs
Q6 which accomplish the same purpose may be approved by
27 the City Council.
2$ 2. Structures having dwelling units attached side by side
29 shall avpid the long row effect with a break in the
~~ facade by having an offset in the front building line
31 pf at least four (~) feet for every two (2) dwelling
32 units within such structure. Alternate designs which
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
accomplish the same purpose may be approved by the
City Council.
3. Consideration shall be given to the effect of proposed
development on the light, air, and privacy of adjacent
properties.
E. Minimum open space for condominium projects shall be forty
(40) percent of the net area being developed. The net area
shall mean the developable site excluding public rights-of-way.
1. Common open space areas shall be designed and located
' within the development to afford the maximum use by all
residents of the project. Enclosed buildings used for
recreation or leisure facilities should not be used to
satisfy more than fifteen (15) percent of required open
spaces.
2. Private open space. An adjoining private patio, deck,
balcony, atrium, or solarium can be provided for each
unit, as long as no dimension is less than seven (7)
feet.
F. The required parking for condominium projects shall be
provided as follows:
1. Each unit shall be provided with one (1) covered park-
ing space which will be an enclosed garage. All cov-
ered spaces shall maintain a minimum inside dimension
of xen'(10) •.feet in width and twentW'(20) feet ~it.~.l,ervtgth.
Alternative parking designs may be approved if the City
CounciP fi'nds'~thatliChd.desgn-oanthi!bute5 tolibhe~iovehdll
design ;excellence 'of bhe project and fuhther5 the city's
housing objectives as defined in the General Plan.
2. Each unit shall be provided with one (1) open parking
space. The open parking spaces required by this sec-
tion shall be distributed throughout a project at con-
venient locations and shall be screened from view from
any public right-of-way.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
G. The purpose of this section is to insure a more pleasant
living environment through the use of plans and decorative
design elements.
1. All set-back areas fronting on or visible from an
adjacent public street and all common open space areas
shall be landscaped and permanently maintained in an
attractive manner.
2. Permanent and automatic irrigation facilities shall be
provided in all offsite and onsite planted landscaped
areas.
3• All landscaped planters shall be separated from parking
areas and vehicular access ways by a six (6) inch Portland
cement concrete curb.
4. Final landscape plans implementing the concept of the
preliminary landscaping plans required by Section
17.38.040 shall be prepared and submitted to and approved
by the Planning Director prior to the recordation of
the final map.
SECTION 17.38.060 - DOCUMENTS REQUIRED
A. The documents required by Section 17.38.040 setting forth
a plan or manner of permanent maintenance of open spaces,
recreational areas, shall not be acceptable until approved
by the city attorney as to legal form and effect, and by the
Planning Department as to suitability of content.
B. If the common open spaces are to be conveyed to the home-
owner's association, the developer shall file a declaration
of covenants to be submitted with the application for approval,
that will govern the association. The provisions shall in-
clude, but not be limited to, the following;
1. The homeowner's association shall be established prior
to the sale of the last dwelling units.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
2. Memebership shall be mandatory for each buyer and
any successive buyer.
3. Provisions to restrict parking upon other: than approved
and developed parking spaces shall be written into the
covenants, conditions, and restrictions for each project.
4. If the development is constructed in .phases which require
one or more final maps, reciprocal covenants, conditions,
and restrictions and reciprocal maintenance agreements
shall be established which will cause a merging;of'de-
velopment phases as they are completed, and embody one
homeowner's association with common areas for the total
development.
5. Same shall contain the language or provisions substan-
tially as follows: City of Lake Elsinore shall be con-
sidered a party to the covenants, conditions, and re-
strictions of this declaration as they shall apply to
the maintenance of the "common areas" as herein defined.
"in the event the association or other legally respon-
Bible person(s) fail to maintain said common area in
such manner as to cause same to eonst'itute=a,p'u61i.c
nuisance, said city may, upon proper notice and hearing,
institute summary abatement procedures and impose a lien
for the costs of such abatement upon said common area,
individual units or whole thereof as provided by law."
SECTION 17.38.070 - APPLICATIONS OF SECTION FOR
CONDOMINIUM CONVERSIONS
The provisions set forth in Sections 17.38.080 thru
17.38.140 shall apply to alt conversions of apartments or other similar
existing developments to residential condominiums proposed on a real
property within the appropriately zoned districts in the city. These
provisions are in addition to those set form in Sections 17.38.010 thru
17.38.060.
1 SECTION 17.38.080 - FEES
2 There shall be an inspection fee based upon the number of
3 existing units in said project. Said fee shall amount to ten dollars
4 ($10.00) per unit or as otherwise set by resolution of the city council.
5 SECTION 17.38.090 - CERTIFICATE OF OCCUPANCY REQUIRED
6 In addition to the conditional use permit required by
7 this chapter, any project proposed under this article shall require. the
8 issuance of a certificate of occupancy by the director of building and
9 safety. Same may be applied for concurrently with said permit, but no
10 certificate shall be issued until the conditional use permit is approved.
11 SECTION 17.38.1.00 = DOCUMENTS REQUIRED
12 The following requirements for condominium conversions
13 are in addition to those set forth in Section 17.38•D6o.
14 A, App}icant shalt provide written proof that he has compiled
15 with the requirements of applicable California statutes
16 regarding the right of existing tenants of said project.
17 g• Applicant shall submit a detailed "property report" des-
18 cribing the date(s) of original construction, present use-
19 ful life of the roof, foundations, mechanical, electrical,
20 plumbing and existing buildings or structures in said pro-
21 ject. Such report shall be prepared and certified to by
22 a registe-red civil or structural engineer of licensed
23 architect.
24 C. The applicant shall submit a structural pest report prepared
25 and certified by a licensed structural pest control operator
26 (see California Business and Professions Code Section 8516).
27 D. To the extent applicable, the aforesaid report requirements
28 may be satisfied by submission of copies of similar reports
29 filed with state agencies.
30 SECTION 17.38.120 - APPLICATION PROCEDURES
31 The following are requirements in addition to those set
32 forth in previous sections:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
A. Upon receipt of the application and all documents as
required, the Planning Director shall submit copies
of applicable reports or documents to the county fire
department, building and safety department and other
departments as found necessary.
R. The director of building and safety shall cause an
inspection to be made of all buildings and structures in
the existing development: An inspection report shall
be prepared at or under his direction identifying all
items found to 6e in violation of current code re-
quirements for such buildings or structures, or found
to be hazardous.
C. The fire inspector shall cause an inspection to be made
of said project to determine the sufficiency of fire
protection systems serving said project and report on
deficiencies.
D. The Planning Director may submit copies of such docu-
men a to other departments for their review and require-
ments, as set forth elsewhere in this Code.
E. The director of building and safety or his designee
shalt review the property report submitted by .applicant
and may require its revision and resubmission if found
inadequate in providing the required information.
F. The Planning Department shall keep and maintain the
copies of all such reports required herein, as public
records, for no less than five (5) years, and shall send
copies thereof to the California Real Estate Commissioner
as may be required by law.
G. A final inspection report shall be made by the building
official, upon request of the applicant, indicating the
compliance will all requirements imposed herein.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 ',
21
22
23
24
25
26
27
28
29
30
31 I
32
SECTION 17.38.130 - GENERAL REQUIREMENTS FOR CONDITIONAL
USE PERMIT
A. The City Council shall utilize the development standards
and requirements of Sections 17.38.040 thru 17.38.060
of this chapter as criteria in the issuance of a condi-
tional use permit as herein provided.
SECTION 17.38.140 - ISSUANCE OF A CERTIFICATE OF OCCUPANCY
A. The director df building and=aafetyshal}.aissue;ta the`;appli-
cant a Certificate of Occupancy if the violations and de-
ficiencies found to exist have been corrected on said pro-
ject. No such certificate shall be issued;unless::a<.:cond+-
tional use permit has been approved and all requirements of
this chapter have been satisfied.
B. The decision of the director of building and safety may be
appealed in the following manner: Within 15 days following
the decision of the director of building and safety, the
applicant shall file with the City Clerk a letter stating
the reasons why he believes the action to be improper. The
City Clerk shall cause the appeal to be set for hearing at
a regular meeting of the council, not less than 13 nor
more than 30 days after receiving the appeal and shall mail
or deliver written notice of the hearing to the director
of building and safety and to the applicant at least 10
days before the hearing. At the conclusion of the hearing
of any continuance thereof, the council shall finally decide
the matter.
SECTION TWO
This ordinance shall take effect as provided by law.
INTRODUCED AND PASSED UPON FIRST READING this 12th
day of January ,1982, upon the following roll
call vote:
AYES: Councilman Torn, Unsworth, Baldwin, MacMurray and
Mayor Stewart
NOES: None
ABSTENTIONS: None
ABSENT: None
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
day of 1981, upon the
following roll call vote:
AYES: Councilmen Torn, Unsworth, Baldwin, MacMurray
and. Mayor Stewart
NOES: None
ABSTENTIONS: None
ABSENT: None
/s/ Jerry N. Stewart
Jerry H. Stewart, Mayor
ATTEST:
/s/ Manuel A. Rede
MANUEL A. REDE, City Clerk
ORDINANCE NO. 630
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 '.
21
22
23
24
25
26
27
28
29
30
31
32
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA ADDING CHAPTER
17.54 COMMERCIAL MANUFACTURING DISTRICT TO
THE LAKE ELSTNORE MUNICIPAL CODE PROVIDING A
ZONING DISTRICT FOR COMMERCIAL MANUFACTURING
THE CITY COUNCTL OF THE CITY OF LAKE ELSINORE DOES
ORDAIN AS FOLLOWS:
SECTION ONE.
There is hereby added to the Lake Elsinore Municipal
Code Chapter 17.54 Commercial Manufacturing District, and the
following sections:
17.54.010 Purpose- The following provisions as set out in this
chapter shall apply in the CM District. These provisions are
intended to provide not only a physically attractive employ-
ment setting to ehtice development of a similar nature but,
provide for groupings of economically and ehvironmentally com-
patible uses.
17,54.020 Permitted Uses - Uses permitted in the CM District
shall be as follows:
A. The following businesses and enterprises.
Bottling Plants, provided in corijunc.tos-with.re ail
sales and service.
Equipment rental and sales.
Trade schools.
Restaurants, not including drive-in or carryout service.
Bicycle sales, rental and. repair.
Automobile sales and repair.
Gasoline service stations.
Hardware stores, including the outside storage of lumber.
Photography uses.
Vehicle sales, including cars, .trucks, mobilehomes.
Upholstering shops.
Dry cleaning plants.
Storage garages.
Tinsmith shops.
T.i:re retreading or c~ppin sho s •-:_
q,.'. p ,:,.,prov~ded..in ,: ,, ,:
cbnjunetQn wth~retail sales.
Wholesale businesses.
B. Other Businesses or enterprises which in the opinion
of the Planning Director have been determined to be:
1. Similar to the businesses or enterprises listed
in subsection A of this section.
2. Not more detrimental or incompatible with the CM
district than those listed in subsection A of
this section.
17.54.030 Prohibited Uses - Uses within this District shall in-
clude those referenced within 17.:56.030.
17.54.040 Building Height Limits - No building shall exceed 45 feet
in height. Height shall be defined as that referenced within
17.08.070.
1
2
3
4
5
6
7
8
9
10
11
12.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
17.54.050 Yard Requirements - The following yards shall be pro-
vided and maintained.
A. Front Yard. There shall be a front yard of not less
than twenty-five feet from the front property line.
B. Side Yard. There shall be a side yard of not less
than five (5) feet when the proposed structure is
30 feet or less ih height. Each foot in height over
30 feet shall require the building to beset-back an
additional foot from the property line. Structures
located on reverse corner lots shall maintain a set-
back of ten (10) feet before complying with the add-
itional set-back requirements due to height.
C. Rear Yard. The rear yard requirements shall be allowed
to vary according to the Fire Resistive Materials sec-
tion of the applicable Uniform Building Code.
D. If adjacent uses are bf a dif£ereht zoning district,
the rear yard set-backs shall vary according to the
following criteria.
1. l0 feet adjacent commercial uses.
2. 20 feet adjacent industrial/manufacturing uses.
3. 25 feet adjacent res:idehtial uses.
17.54.060 Lot Size- Each. lot shall have not less than 100 feet
street frontage and 100 feet depth., measured from a point on
the rear lot line closest the front lot line.
17.54.070 Parking - .Parking requirements for this district
shall apply to the applicable parking ordinance or resolution.
Employee parking shall be part of the front yard set-back when
the physical shape of the-lot permits. No on-stree parking
shall be allowed.
17.54.080 Accessory Uses - For the purpose of this section
"accessory uses" shall not only mean "a detached subordinate
building or structure" but "an attached structure,- unit, or
device". All accessory uses shall include but are not limited
to the items listed' below and shall be enclosed or screened in
the following manner:
1. Trash and pallet storage of material shall be
enclosed or screened. The top side of the storage
area shall be screened to alleviate high stack-
ing of material.
2. Exterior equipment storage and electrical trans-
formers shall be enclosed or screened from view.
3. Accessory uses shall not be permitted in required
yard set-back areas.
17.54.090 Design Guidelines - All plans submitted for review to
the Planning Commission and/or Design Review Board shall iden-
tify the following items.
1. Improvement Plans identifying:
a. Street dedication
b. Street improvements
c. Sidewalks
2. Design Plans identifying.
a. Plot Plans identifying:
i) Floor Area and relationship o£ structure
to other structures.
ii) Access (Pedestrian and vehicular)
iii) Height, type, and placemeht of screening
b. Color, texture,- and types of materials.
c. Use of lighting fixtures (public and private)
-2-
1 d. Amount of parking.
e.` Elevations identifying selected views of pro-
2 posed and adjacent structures.
f. Landscape plan.
3 3. The Planning Commission will not only review and
condition approval of proposed projects on the
4 items listed- above, but also:
a. Sewer, septic tanks, and water lines (placement
5 and size).
b. Placement of utilities (underground)
6 c. Street lights
d. Storm drains
7 e. Fire hydrants.
4. The Planning Commission shall review the applica-
$ bility of sidewalks for projects within the CM
District'. If the applicability and/or usefulness
9 of sidewalks within the public right-of-way is
deemed non-essential the Commission may waive any
10 existing provisions for such improvement.
11 17.54.100 Document - The developer/builder shall provide the
following document if applicable:
12
1. Faithful performance bond to be posted to guarantee
13 installation of required public improvements as
mentioned in 17.54.090.
14 2. CC & R's which. shall provide.
a) for the effective establishment, operation,
15 management, use, repair and maintenance of all
16 common areas and facilities; b) that the sub-
ject property shall be developed, operated and
17 maintained so as not to create a public nuisance;
c) that if the property is not maintained in
the condition required by the CC & R's then the
18 city, after making due demand and giving reason-
19 able Notice, may enter the proper y and perform,
at the owner's sole expense, maintenance or-
20 dinances. The property shall be subject to
a lien in favor of the City to secure any such
21 expense not promptly reimbursed, ,and; d) any
other special provisions. including any ease-
22 merits or other conditions.
17.54.110 Architectural Review:- The following items shall be
28 reviewed at the architectual processing stage:
24 1. Exterior elevations with samples of colors and tex-
25 tunes for review.
2. Trash storage location.
3. Exterior storage areas.
26 4. Relationship of loading and unloading areas to pub-
27 lic spaces..
5. Screening of roof mounted equipment.
28 6. Exterior light fixtures.
7. Signs
8. Gutters and downspouts
29 9. Vents, louvers, exposed flashing and overhead doors,
30 (shall be painted)
10. Electrical transformer (if used)
31 11. Sprinkler system (depth and type)
12. Berming
82 13. Landscaping
-3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
17.54.120 Screening and Landscaping - The intent of this
_. ~..
ordinance is to provide for =;attr:aci':ive':.ndustr,al develop:-
ment in the city. To further enhance the aesthetics of the
project site the developer and/or builder shall utilize the
various methods of screening and landscaping listed below:
A. A11 exterior storage areas and service yards, loading
docks and ramps, electrical cage enclosures and
storage tanks are to be screened from view from access
or adjacent streets, by a fence, wall or mature land-
scape materials, where the nature of the adjacent
neighbor or land use requires such separation.
B. Areas utilized as parking, storage, or loading,
shall be screened, segregated or interrupted from
the view of access on adjacent streets, freeways, or
in some cases, adjacent properties. This may be
accomplished by employing berms, shrubs, and trees.
C. Specifications for type of trees to be within each
project shall be determined by the Design Review
Board and/or current resolution adopted by said
Board and shall be considered part of the landscaping
requirements referenced in sections 17.54.090 and
17.54.110. Trees' in lines and masses, shall be
utilized to enclose and subdivide exterior space rela-
tive to the intent of this ordinance. Interior divi-
ders (such as walls, fences, and trees? are not man-
datory between parcels. The nature of the adjourning
uses and the desire of the owner shall be considered
when reviewed by the Board.
D. A11 roof mounted equipment shall be screened.
17.54.130 'Development Standards - If this district is within
an adopted Redevelopment Project Area it shall comply with
all the development standards of the Redevelopment Agency.
This ordinance shall take effect as provided by law
INTRODUCED AND PASSED UPON FIRST READING this 12th
day of January ,.1982, upon the following roll
_- ___:
call vote:
AYES: Councilmen Torn, Unsworth, Baldwin, MacMurray and Mayor
Stewart
NOES : None
ABSTENTIONS: Nane
ABSENT: None
////
////
////
////
-4-
1
2
3
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of
January, 1982, upon .the following roll call vote:
AYES: Councilmen Torn, Unsworth, Baldwin, MacMurray and Mayor Stewart
NOES: None
ABSTENTIONS: None
ABSENT: None
ATTEST:
~=~ ~, ~~
Manuel A. Rede, City Clerk
-5-
ORDINANCE N0. 631
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16,
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, CALIFORNIA DECLARING A
MORATORIUM ON ALL NEW RESIDENTIAL DEVELOPMENT FOR
THIRTY DAYS AND DECLARING THIS ORDINANCE TO BE AN
URGENCY MEASURE FOR THE PRESERVATION OF THE PUBLIC
HEALTH, SAFETY AND WELFARE.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION ONE.
The City Council finds and determines that there exists
conditions of overcrowding in the Elsinore Union School District and
the Elsinore Union High School District, as established by resolutions
duly passed by said districts and presented to the City Council.
The City Council finds and determined that the condition
of overcrowding is exacerbated by the elimination of funds provided by
the LeRoy F. Green State School Building Lease Purchase Law of 1976
and by the continued construction of new residential development in
the City of Lake Elsinore.
The City Council further finds and determines that the con-
dition of overcrowding presents a threat to the public health, safety
and welfare and in order to maintain the status quo, to avoid further
exacerbation of the problem, ahd to allow adequate time to study the
problem, to confer with other public agencies, and to seek a solution,
the City Council declares this to be an urgency measure to take effect
immediately upon adoption.
SECTION TWO.
No building permits shall be issued for new residential
construction after the effective date of this ordinance.
SECTION THREE.
This ordinance shall become effective upon adoption and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
shall expire and 6e of no further force and effect thirty days thereafter,
INTRODUCED AND PASSED AND ADOPTED this 26th day of January,
1982 upon the following roll call vote:
AYES: Councilman Torn, Unsworth, Baldwin, MacMurray and
Mayor Stewart
NOES: None
ABSTENTIONS: None
ABSENT: None
ATTEST:
Manuel A. Rede, City Clerk
ORDINANCE N0. 632
1
2
3'
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
2g
25
26
27
28
29
30
31
32
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING
A MORATORIUM ON ALL NEW RESIDENTIAL DEVELOPMENT,
PROVIDING EXCEPTIONS THEREFROPI, AND DECLARING THIS
ORDINANCE TO BE AN URGENCY MEASURE FOR THE PRESER-
VATION OF THE PUBLIC HEALTH, SAFETY AND WELFARE.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION ONE.
The City Council finds and determines that there exist condi-
tions of overcrowding in the Elsinore Union School District and the Elsinore
Union High School District, as established by resolutions duly passed by said
districts and presented to the City Council.
The City Council finds and determines that the conditions of
overcrowding are exacerbated by the elimination of funds provided by the
Leroy F. Green State School Building Lease-Purchase Law of 1976, and by the
continued construction of new residential development in the City of Lake
Elsinore.
The City Council further finds and determines that the conditions
of overcrowding present a threat to the public health, safety and welfare and
in order to maintain the status quo, to avoid further exacerbation of the
problem, and to allow adequate time to study the problem, to confer with
other public agencies, and to seek a solution, the City Council declares this
to be an urgency measure to take effect immediately upon adoption.
SECTION TWO.
No building permits shall be issued for new residential construc-
tion projects submitted after the close of business on February 1, 1982. New
residential construction projects shall be considered those for which building
plans have been submitted as of February 1, 1982.
SECTION THREE.
Notwithstanding Section Two of this Ordinance, upon compliance
with all other requirements and procedures, and payment of fees, building
permits may be issued for residential projects which are in the following
categories:
A. Additions, alterations, or repairs to existing residential
structures not requiring Design Review Board approval or Redevelopment Agency
approval.
1
2
3
4
5
6
7
8
9
10~
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
29
30
31
32
B. Hardship cases, as determined by the City Council on a case
by case review, taking into consideration all relevant factors, including,
but not limited to, impact on the school system, financial consideration,
the non-binding precedent set by previous exceptions allowed under this
sub-section, and the non-binding precedential effect of the proposed exception
upon future exceptions sought under this sub-section.
SECTION FOUR.
All other residential development projects shall continue to be
processed, and may receive ministerial approval, but shall not receive any
discretionary approvals while this ordinance is in effect.
SECTION FIVE.
Ordinance No. 631 is hereby repealed.
SECTION SIX.
This ordinance shall become effective upon adoption and shall
expire and be of no further force and effect on March 9, 1982.
INTRODUCED, PASSED AND ADOPTED this 1st day of February, 1982
upon the following roll call vote:
AYES: Councilmen Baldwin, MacMurray, Torn, Unsworth and Mayor Stewart
NOES: None
ABSENT: None
ABSTENTIONS: None
ATTEST:
~~
Manuel A. Rede, City Clerk
(SEAL)
-2-
ORDINANCE N0. 633
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ADDING PROVISIONS TO THE LAKE
ELSINORE MUNICIPAL CODE CONCERNING THE REPAIR OF
DAMAGED OR PARTIALLY DESTROYED NONCONFORMING STRUCTURES.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES
I ORDAIN AS FOLLOWS:
SECTION ONE.
There is hereby added to the Lake Elsinore Municipal Code Section
17.72.110 to read as follows:
"Any nonconforming structure or structures containing a
nonconforming use which is damaged or partially destroyed
by fire, explosion, act of God, collapse or any other
casualty or calamity to the extent that the cost of restor-
ation to the condition in which it was immediately prior to
the occurrence of such damage or destruction, may be recon-
structed, provided the actual reconstruction cost does not
exceed four (4) times the assessed value of the entire
structure based on the assessment roll current immediately
prior to the time of damage or destruction. All such
construction or repairs shall be started within one (1)
year from date of damage and be pursued diligently to com-
pletion. In determining the reconstruction cost of any
nonconforming structure, neither the cost of land, nor
any factors other than those concerning the nonconforming
structure, itself, shall be considered or included therein."
SECTION TWO.
This ordinance shall take effect as provided by law.
INTRODUCED AND PASSED UPON FIRST READING this 9th day of February,
1982, upon the following roll call vote:
AYES: Councilmen Torn, Unsworth, MacMurray and Mayor Stewart
NOES: None
ABSTENTIONS: None
ABSENT: One Vacant Seat
////
////
////
////
////
////
], PASSED, APPROVED AND ADOPTED UPUN SECOND READING this 23rd day of
2 February, 1982, upon the following roll call vote:
3 AYES: Councilmen Torn, Unsworth, MacMurray and Mayor Stewart
4 NOES: None
5 ABSTENTIONS: None
6 ABSENT: One Vacant Seat
7
8
9
10
11
rry H. Stewart, Mayor
12
13
1~4 ATTEST:-
16 !^~/v ~~t~n-eX~ ~ ~0 IXLIl
Manuel A. Rede, ity Clerk
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
-2-
ORDINANCE N0. 634
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, AMENDING A PORTION OF ORDINANCE
NO. 704 PARKING.
1
2
3
4
5
6
7
8
9
10
11 ',
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28'
29
30
31
32
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION ONE:
Section 17.66.080, Subsection (A) of Ordinance 704 and the Lake
Elsinore Municipal Code, are hereby amended as follows:
"Any application within the guidelines of this ordinance,
except businesses within established commercial and Indus-
trial centers as defined by the City where common parking
has received prior approval from the appropriate legislative
bodies, shall be complied with before a business license or
similar grant of approval is given."
SECTION TWO:
This ordinance shall take effect as provided by law.
PASSED AND APPROVED THIS 9TH DAY OF FEBRUARY, 1982.
INTRODUCED AND PASSED UPON FIRST READING THIS 9th day of February,
1982, upon the following roll call vote:
AYES: Councilmen Torn, Unsworth, MacMur•ray and Mayor Stewart
NOES: None
ABSTENTIONS: None
ABSENT: One Vacant Seat
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 23rd day of
February, 7982 upon the following roll call vote:
AYES: Councilmen Torn, Unsworth, MacMurray and Mayor Stewart
NOES: None
ABSTENTIONS: None
ABSENT: One Vacant Seat
ATTEST:
(SEAL)
ORDINANCE NO. 636
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA ADDING CHAPTER 15.64
GRADING TO THE LAKE ELSINORE MUNICIPAL CODE
ESTABLISHING CRITERIA FOR GRADING, EXCAVATION,
EARTH WORK CONSTRUCTION, FILLS AND EMBANKMENTS
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN
AS FOLLOWS:
SECTION ONE. SHORT TITLE.
This ordinance shall be known as the Grading Ordinance.
SECTION TWO. PURPOSE.
The City of Lake Elsinore finds and declares that it is
necessary to promote the public health, safety and general welfare
by accomplishing the purposes set forth in this ordinance. Where
this ordinance is in conflict with other ordinances, the stricter
shall apply. Specifically, this ordinance:
(A) Provides for the preservation of the natural scenic
character of the land, consistent with reasonable economic
enjoyment of such property;
(B) Provides, insofar as practical and in permitting
reasonable development of land, protection against flooding,
erosion, earth movement, and similar hazards; and
(C) Prevents the creation of large man-made slopes which
destroy the scenic and ecological values of land area.
SECTION THREE,
There is hereby added to the Lake Elsinore Municipal
Codes Chapter 15.64 Grading and the following sections:
15.64.010 APPLICABILITY. These standards shall apply to
all land within the City of Lake Elsinore and shall be in addition
to the grading standards contained in Chapter 70 of the Uniform
Building Code.
15.64.020 PERMIT APPLICATION. To obtain a permit, the
applicant shall file an application upon forms furnished by the
City, and pay the required fee therefor as established by
resolution. Every application shall contain the following
information:
(A) The name, address and telephone number of the person
to have effective control of the work;
(B) The amount of material proposed to be excavated and
the amount of fill in cubic yards;
(C) The estimated dates for starting and completing the
work to be done; and
(D) A soils engineering investigation based upon the
plans for the work proposed under the permit.
Such reports shall include data regarding the
nature, distribution, and strength of existing soils, conclusions
and recommendations for grading procedures and design criteria for
corrective measures.
This requirement may be waived by the Director of
Building and Safety when it appears from the condition of the
property that such a report is not necessary. Such waiver by the
Director shall be documented in the file as to the reasons
therefore.
15.64.030 SCALE PLANS AND DRAWINGS. Unless waived by the
Director of Building and Safety where proposed grading is minor in
scope, the application shall be accompanied by scale plans or
drawings, prepared and signed as appropriate by a registered civil
engineer, architect, or landscape architect showing the following:
(A) Property lines of the property on which the work is
to be performed;
(B) Location of any buildings or structures on the
property where the work is to be performed and the location of any
buildings or structures on any abutting property which is within
twenty-five feet of the property on which the work is to be
performed;
(C) Elevations, dimensions, locations, extent and the
slope of all work proposed to be done, shown by contour map, cross
section or other means which shall include the contiguous adjacent
sites in addition to the proposed grading site. Contours shall be
shown at appropriate intervals unless two foot or five foot contour
intervals are deemed acceptable by the Director of Building and
Safety, one foot contour intervals are required;
(D) Detailed plans of all walls, cribs, drains, dams,
erosion control planting, or other protective devices to be
constructed in connection with or as part of the proposed work,
together with a map showing the drainage area and estimated cubic
feet per second runoff of the area served by any drain;
(E) Landscape, irrigation, and planting plans for slopes
exceeding five feet in height;
(F) When a composite plot plan is submitted for the
site, existing contours and proposed grade elevations shall be
indicated. Building locations shall be shown with dimensions
indicated from property lines and from tops or toes of slopes.
Driveways shall have elevations indicated at intervals of ten feet
horizontally or less to verify compliance with driveway gradients;
and
(G) In special circumstances, the Director of Building
and Safety may require further applicable plans or drawings.
15.64.040 DESIGN REVIEW BOARD. When the grading is to be
done on a site which has a natural slope of ten percent (10~) or
more on twenty-five percent (25~) or more of the site area, it
shall be considered hillside grading and the application shall be
referred to the Design Review Board for review. The Director of
Building and Safety shall report to the Design Review Board on any
aspect of the proposed grading, excavation or fill which relates to
or effects the General Plan or zoning regulations of the City. The
Design Review Board, upon completion of its investigation, shall
approve, disapprove, or approve with mitigating measures to be
incorporated into the grading plan. The Director of Building and
Safety may refer any application to the Design Review Board which
in his opinion may warrant consideration by the Design Review
Board.
15.64.050 CRITERIA FOR EVALUATION. The Director of
Building and Safety and/or the Design Review Board shall use, but
is not limited to, the following criteria for evaluating an
application for a grading permit:
(A) The grading of a property shall not be excessive
beyond that necessary for the use and drainage of the site;
(B) The proposed grading is not to have an adverse
environmental effect on surrounding property; and
(C) The grading of a project shall consider the
surrounding property and shall blend in with the surrounding
topography in areas that have been developed.
15.64.060 GENERAL CRITERIA.
(A) In hillside grading, no cut or fill slopes shall be
created which exceed thirty feet vertical height, and any cut or
fill slopes which exceed ten feet in height shall not exceed four
hundred feet in horizontal length (except slopes required for
public streets may exceed four hundred feet in length); except the
Design Review Board may approve slopes exceeding these dimensions
where slopes will be the result of earth contouring which the
Design Review Board determines will result in a natural appearance
and will create no geological or erosion hazard;
(B) When two or more lots are graded and cut or fill
slopes steeper than one vertical to eight horizontal units occur
adjacent to the lot line, the top line of the slope shall be
located at the lot line;
(C) All cut or fill slopes in excess of three feet and
which are located within the front yard set back area shall be
contoured to present a natural undulating appearance. Intersecting
front and side intersecting slopes shall have corners rounded with
a minimum radius of ten feet;
(D) Slopes exceeding five feet in height shall be
provided with irrigation systems and sufficient permanent plants
chosen from a list of plants suitable for hillside grading. Said
slopes shall be provided with irrigation system and planted as soon
as possible after grading and before the project receives final
inspection and before any structures on the project are occupied.
(E) Developments may be recontoured if the Design Review
Board finds and determines that the strict conformance with these
regulations would result in an adverse visual or environmental
impact.
15.64.070 RETAINING WALLS.
(A) One upslope retaining wall not exceeding six feet in
height may be used;
(B) One downslope retaining wall not to exceed three and
one half feet in height may be used;
(C) On lots sloping with the street, and other
configurations not discussed above, one retaining wall not to
exceed three feet may be used on each side of the lot;
(D) Adjacent to driveways, retaining walls not exceeding
three feet may be used;
(E) Retaining walls exceeding two and one half feet will
require a protective fence or guard rails of at least forty two
inches. The combination of retaining wall and protective fence
will be subject to the ordinance height limitations for the various
yard locations;
(F) Alternate retaining wall systems may be used if the
Director of Building and Safety and/or the Design Review Board
finds that the practical considerations of the site justify other
retaining wall dimensions and locations; provided further, that the
Design Review Board determines that such alternate retaining wall
system shall not present an adverse visual or environmental impact.
15.64.080 DRIVEWAYS.
(A) Driveways which exceed a centerline measurement of
thirty feet in length measured from the location of face of curb,
shall be provided ahead of each garage, a parking space shall
extend a minimum of twenty feet out from the face of the garage and
shall be at least the width of the garage opening with a minimum of
ten feet, shall have longitudinal and transverse slope gradients
not exceeding plus or minus five percent (5$); and shall be
designed to prevent surface waters from draining into garage;
(B) Driveways which do not exceed thirty (30) feet in
length measured along the centerline shall have a maximum gradient
of eight percent (8~) for that portion of the driveway located
within twenty (20) feet of the garage entrance;
(C) Maximum longitudinal driveway gradients shall be
fifteen percent (15~); minimum crown or cross slope shall be one
percent (1~); and maximum crown or cross slope shall be five
percent (5~);
(D) Vertical transitions shall prevent contact of any
portion of the car with surface of driveway by use of the following
criteria: Vertical transition shall be made with not less than
four feet parabolical curve; when the driveway exceeds ten percent
(10~), the vertical transition shall be an eight (8) foot
parabolical curve.
15.64.090 PERMIT ISSUANCE, CONDITIONS OR DENIAL.
(A) Whenever in the judgment of the Director of Building
and Safety or the Design Review Board, the proposed work would not
meet the foregoing requirements, the application shall be denied;
(B) In granting any permit application under this
Chapter, the Director of Building and Safety and the Design Review
Board may attach such conditions thereto as may be reasonably
necessary to prevent danger to public or private property or to
prevent the operation from being conducted in a manner likely to
create a nuisance. No person shall violate any conditions so
imposed by the Director of Building and Safety and/or the Design
Review Board. Such conditions may include, but shall not be
limited to:
1. Limitations on the hours of operation in which
the work may be performed;
2. Designation of routes upon which materials may
be transported and means of access to the site;
3. The place and manner of disposal of excavated
materials;
4. Requirements as to the mitigation of dust and
dirt, the prevention of noises and other results offensive or
injurious to the neighborhood, the general public or any portion
thereof, including due consideration, care, and respect for the
property rights, convenience and reasonable desires and the needs
of said neighborhood or any portion thereof;
5. Designation of maximum or minimum slopes to be
used;
6. Regulations as to the use of public streets and
places in the course of the work;
7. A performance bond to cover landscaping or other
conditions of the permit;
8. Mitigating measures required by the Design
Review Board.
15.64.100 APPEAL PROCEDURE. The applicant or any
interested party shall have ten days to appeal the decision of the
Director of Building and Safety to the Design Review Board, and to
appeal the decision of the Director of Building and Safety to the
City Council.
15.64.110 DEPOSIT OF MATERIALS.
(A) No person shall dump, move, or place any earth,
sand, gravel, rock, stone or other excavated material or debris so
as to cause the same to be deposited upon or to roll over the
premises of another or upon or over any public place or way without
the express written consent of the owner of such premises so
affected, or without obtaining an encroachment from the City with
respect to any public place or way;
(B) No person shall, when hauling any earth, sand,
gravel, rock, stone or other excavated material or debris over any
public street, alley, or public place, allow such material to flow
or spill over and upon such street, alley, or place, or adjacent to
private property;
(C) If, due to a violation of subsections (A) or (B) of
this section, any earth, sand, gravel, rock, stone, or other
excavated material or debris is caused to be deposited upon or to
roll, flow or wash upon any public place or way, or adjacent to
private property, the person responsible therefor shall cause the
same to be removed from such public place or way, or adjacent
private property within twenty four hours or immediately after
notification by the City if a hazardous condition is present. In
the event such material is not so removed, the Director of Building
and Safety shall cause such removal and the cost of such removal
shall be paid to the City by the person who failed to remove the
material prior to final approval and/or occupancy permit.
15.64.120 COMPLIANCE WITH CONDITIONS AND CODES.
Upon approval of the application by the Director of
Building and Safety and the Design Review Board, the applicant must
conform to all conditions imposed by the City of Lake Elsinore, its
ordinances, and State law.
SECTION FOUR.
This ordinance shall take effect as provided by law.
INTRODUCED AND PASSED UPON FIRST READING this 9th
day of February , 1982, upon the following roll
call vote:
AYES: Councilmen Torn, Unsworth, MacMurray and Mayor Stewart
NOES: None
ABSTENTIONS: None
ABSENT: One Vacant Seat
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
23rd day of Februarv 1982, upon the
following roll call vote:
AYES: Councilmen Torn, MacMurray, Unsworth and Mayor Stewart
NOES: None
ABSTENTIONS: None
ABSENT: One Vacant Seat
JE ST ART, N
ATTEST: APPR ED AS TO FOR .
/~
~ELG A. REDS, C1.t JOH M. PORTER, City F
ORDINANCE NO. 637
AN ORDINANCE OF .THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA AMENDING PORTIONS
1 OF ORDINANCES NO. 349, 620, 514, 480;.445, 442
AND PORTIONS OF TITLE 17, LAKE ELSINORE MUNICIPAL
2 CODE.- i
i
3 The City Council of the. City of Lake Elsinore does
ordain as follows:
4
SECTION ONE
5
Ordinance 514; Ordinance 480 Section 1, Ordinance 445
6 Section 1, Ordinance 442 Section 1, and Ordinance 349
Section 3(A) and Lake Elsinore Municipal Code Section
7 17.12 1020 hereby amended to read as follows:
$ 17.12.010 Purpose--Districts designated. In order to
9 classify, regulate, restrict and segregate the uses of
land and buildings, to regulate and restrict the height
10 and bulk of buildings, and to regulate-the area of yards
and other open spaces about buildings, classes of dis-
tricts are established.
11 '
SECTION TTVO
12
Ordinance 349 Section 5(A) and Lake Elsinore Municipal
13 Code Section 17.15.020 'are amended to read as follows:
14 17.16.020 Permitted Uses. Uses permitted in the R-1
15 district shall be as follows:
16 A. One family dwellings o£ a permanent character and
which shall. not be less than eight hundred fifty square
17 feet in area,.. each :placed in a permanent locatioh;
18 _B. A home occupation may be engaged in provided that
such occupation is only incidehtial and secondary to
19 the use of the residence for residential purposes and
upon approval by the Planning and Building Departments
20 and issuance bf a home occupation permit. In approving
the home occupation no authorization shall be granted
21 which would change the residential character of the
residence in use or appearance or would be detrimental
22 to the adjacent and abutting properties. No home occu-
pation shall exist or be permitted as an accessory use
23 in any residential-zone which involves or requires any
of the following:
24 1. The employment of help other; than members of the
25 resident family;
2. Any alteration in the residential character of
26 the premises;
3. Any outdoor storage or display of equipment,
27 appliances, material or. supplies;
4. Maintenance on the premises of any stock of good s
28 for sale or rental which .goods are not made
on the premises, unless specifically approved;
29 5. Generation of pedestrian or vehicular traffic
greater than that normal to the district, or
30 of offensive or objectionable noise, glare,
vigraton, odor'or electrical disturbance;
31 6. The use of more than one room in a dwelling unit,
or the maintenance of an office open to the general
32 public;
._ _
1 7. `Advertisement ofthe address: of the property
to'attract customers', clients or the public
2 °to the premises;
8. Operating commercial vehicles to and from the
'~ premises., if more than two (2) round trips
4 per vehicles per day is contemplated.
9. The use of existing covered parking area or
5 garage for storage or display of equipment,
appliances, materials or supplies unless pro-
6 visions forsalternate parking are approved by
the Planning amd Building Department;
7 10. The use of ah accessory sign on the premises
advertising a home occupation.
$ Businesses contingent upon the approvals listed
~ above shall be subject to periodic inspections
by Fire or Building and Safety Departments.
10 C. Agricultural and Horticultural uses including dispo-
11 sition of only crops produced upon the premises provided
no signs, displays, or stands are used in conjunction with
12 such disposition. Commercial animal husbandry shall not
be permitted nor considered a part of agricultural or
13 horticultural uses. Commercial animal husbandry includes
raising or keeping of more than 'a total of twelve rabbits
14 and chickens and other sma1T animals or fowls, but no
roosters.
15 D. IIsua1 accessories in connection with permitted uses
16 including noncommercial greenhouses, servants or guest's
~~uarters provided same are not equipped with a kitchen
17 nor:•ktchen facilities, and garages or automobile storage
space shall be provided and maintained and shall have a
18 capacity of at least one,' but not more than three auto-
mobiles for each dwelling established on the'same lot;
19 ~. Only the following signs shall be permitted.
20 1. Only ,one nameplate, unlighted, and not exceeding
one 'and one-half square -feet in area, which shall
21 be loca ed on the building or against the building,
or not less thah ten feet from any property line.
22 2: One'or more signs, none of which shall be lighted
or have an area of more than four square feet, and
23 said signs'shall pertain only to the prospective
leave or sale of only the property on which they'
24 are located, or bear only a legal notice involving
said-property:.
25
SECTION THREE
26
Ordinance 3'49 Section 6(A), (1)--(7) and Lake Elsinore
27 .9unicipal Code Section 17.24.020-amended to read as
follows;
28 17.24.020 Permitted uses. Uses permitted in the R-2 dis-
29 trict shall be as follows:
A. Any use. permtted'in',the'.R-1 district;'
30 R. Two family dwellings, providea there is at least five
31 thousand'square'feet of lot area for each such two
family dwelling;,
32 C. Twb:seperate.doiellings,~prbvded that there is -as 'l east
three thousand, square feet of lot area for each such
], dwelling, and provided they are located so us to comply
with the. spacing requirements of this chapter;
2 D. One building designed or arranged to house more than
3 two families, provided there is at-least twenty-five
hundred square feet of lot area for each apartment in
4 such building;
E. There may be established an additional dwelling on
5 any lot which only one dwelling existed on December 23,
1953, wherever the lot meets the area requirements
6 of this chapter, and such additional dwelling can be
located as provided in this chapter;
7 F. The usual accessories in connection with permissible
8 uses; however, that there shall be provided and
maintained a private garage or automobile storage
9 space having a capacity of at least one automobile
for each dwelling or apartment established on the
10 same lot, but for not more than two automobiles
for each such dwelling or apart"meet. Accessory build-
11 ings may be established in the rear yard, but they
shall not occupy over fifty percent .of the rear
12 yard area;
G. A home occupation may be engaged in provided that
13 such occupation is only incidehtial and secondary
to the use of the residence for residential purposes
14 and upon approval by the Planning and Building Depart-
ments and issuance of a home occupation permit. In
15 approving the. home occupation.. no authorization shall
be granted which would change the residential charac-
16 ter of the residehce in use or appearance or would
be detrimental to the adjacent and abutting proper-
17 ties.. No home occupation shall exist or be permitted
as an accessory use in any residential zone which
18 involves or requires.. any of the following:
19 1. The employment of help other than members of
the resident family;
20 2. Any alteration in the residential character
of the premises;
21 3. Any outdoor storage or display of equipment,
appliances, material or supplies;
22 4. Maintenance on the premises of any stock of
goods for sale br rental which goods are not
23 made on the premises ,:unless specifically approved;
5. Generation of pedestrain or vehicular traffic
24 .,greater than that normal to the district, or
of offensive or objectionable noise, glare,
25 vibration, odor or electrical disturbance;
6. The .use of more than one room in a dwelling
26 unit, or the maintenance of an office open
to the general public;
27 7. Advertisement of `the. address of the property
to attract customers; clients or the public
28 to the premises;
8. Operating commercial vehicles to and from
29 the premises, if more than two (2) round trips
per vehicle per day is contemplated.
30 _ 9. The use of existing covered parking area or
garage for storage or display or equipment,
31 appliances, materials or supplies unless pro-
visons for alternate parking are approved
32 by the Planning and Building Departments.
_3_
1
__
__
10. The use o£ an accessory sign on the premises
advertising a home occupation.
2
Businesses contingent upon the approvals listed
3 above shall be subject to periodic inspections
by Fir e. or .Building and Safety Departments.
4
H. ,Only the following signs shall be permitted:
5
1. Not more-than two nameplates, unlighted, and
6 exceeding one and one-half square feet in
area, which shall be located on the building
7 or against the building, or not less than ten
feet from any property line.
8 2. One or more signs; none of which shall be
lighted ~ haVe an area of more than four
9 square feet, :and said signs shall pertain
only to the prospective Tease or sale of
10 only the property on which they. are located,
or bear only a legal notice :involving said.
11 property.
12 SECTION FOUR
13 Section 7 (A) (1)"--(5), (7) and (8) or Ordinance
349, and Lake Elsinore Municipal Code Section 17.28•
14 020 are amended to'read as follows:
15 17.28.020 Permitted uses. Uses permitted in the R-3
district shall be as'follows:
16
A. Any. use permitted in the R-2 district;
17
_
B. Apartment houses, bungalow courts or other multiple
18 family residence building as provided in this chapter;
19 C. Boarding and rooming houses, fraternity and sorority
houses and private club houses;
20
D. Public libraries and public museums;
~
21
E. Churches of a permanent character;
22
F.. A home occupation. may be engaged in provided that
23 suchoccupation_is only incidential and secondary to
the use of 'the residence for. residential purposes and
24 upon 'approval by-the Planning and Building Department
and issuance of a home occupation permit. In approv-
25 ing the home occupation no authorization shall be
granted which would c$ange the residential character
26 of the residnece in use or appearance of would be
detrimental to the adjacent and abutting properties.
27 No home occupation shall exist or be permitted as an
accessory use in any residential zone which involves
28 or requires any of the following:
29 1. The employment-of help other than members of
the resident family;
30 2. Any alteration in the residential character
31 of the premises;-
3. Any outdoor storage or display of equipment,
appliances, material or- supplies.
32 4• Maintenance on the premises of any stock of
goods for sale..or rental .which goods are not
made on the premises, unless specifically
approved;
-4_
1
2
3
41
5
6
7
8
9
10
17.
12
13
14
15
lfi
I7
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
5. Generation of pedestrian or vehicular traffic
greater than that normal to the district, or
of offensive or objectionable noise, glare,
vibration, odor or electrical distrubance;
6. The use of more than one room in a dwelling
unit, or the maintenance of an office open to
the general public;
7. Advertisement of the address of the property
to attract customers,. clients or the public
to the premises;
8. Operating commercial vehicles to and from the
premises, if more than two (2) round trips
per vehicle per day. is contemplated.
9. The use of existing covered parking area or
garage for storage or display of equipment,
appliances, materials or supplies unless
provisions for alternate parking are approved
by the Planning and Building Departments.
10. The use of an accessory 'sign on the premises
advertising a home occupation.
Businesses contingent upon the approvals listed
above shall be subject to periodic inspections
by Fire of Building and Safety Departments.
G. Only the following signs shall be permitted:
1. Not more than two nameplates, unlighted, and
not exceeding one and one-half square feet in
.areas. which shall be located on the building,
against the building or not less than ten.
feet from ahy property line;
2. Not more than two, signs naming or advertising
the main building or its permitted use shall
be erected, painted on attached to or made a
part of any building, and neither of such
signs shall have an area exceeding six square
feet each, except that schools, churches and
private clubs may have., instead of the two
signs described above in this paragraph, not
more than one sign of eighteen square feet
in area, an addition to a cornerstone or
other wording which is formed on building
material which is a permanent part of the build-
ing;
H:x_ The usual accessories on the same lot in connection
with permissible buildings;-provided, however, that .there
shall be provided and maintained a private garage or
automebile storage space for at least one automobile on
the same lot with the main building for each apartment.
Three automobiles shall be provided for each two apart-
ments. Accessory building sha1L not occupy over two.-
thirds of the rear yard area.
SECTION FIVE
Ordinance 620 and Lake Elsinore Municipal Code Section
17.39.020 are amended to read:as follows:
17.39.020 Permitted uses. Uses permitted in the low-
density residential district. shall be as follows;
A. One family dwellings of a permanent character and
which sha1L not be less than eight hundred fifty
square feet in area, each placed in a permanent
location;
1
2
3
4
5I
6'
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
B. Agricultural and horticultural uses including dis-
postionof only crops-produced upon the premises
provided no signs, displays, or stands are used in
conjunction with such disposition. .Commercial animal
husbandry-shall 'not be permitted nor considered a
part of agricultural or horticultural uses. Commercia
animal husbandry includes raising or keeping or more
than a total of.twelve rabbits and chickens and other
small animals or fowls; but no roosters, and shall
conform to ordinance 590 regarding the keeping. of
large animals;
C. Usual accessories in connection with permitted uses
including noncommercial greenhouses, stables, servants
or guest's quarters provided same are not equipped
with a kitchen nor kitchen facilities, and garages
or automoible storage space, provided that a garage
or an automobile storage space shall be provided and
maintsined and shall have a capacity of at least one,
but not more `than four automobiles for each dwelling
established on the same lot;
D: A home occupation may be engaged in provided that
such occupation is only incidential and secondary to
the. use of 'the residence for residential purposes
and upon approval By the Planning and Building Depart-
ments and issuance of a home occupation permit. In
approving the home occupation no authorization shall
be'granted which would change the residential charac-
ter of the residence in use or appearanceor would.
be detrimental to the adjacent and abutting properties
No home occupation shall exist or be permitted as an
accessory. use in any residential zone which involves
or requres'any of the following:
1. The employment of help other' than members ;of
the resident family;
- 2. Any alteration-in the residential character
of the premises;
3. Any outdoor: storage or display of equipment,
appliances;: material or supplies;
4: Maintenance on the premises of any stock. of
goods for sale or rental which goods are not
made on the premises, unless specifically
approved.:
5.' Generation of pedestrian or vehicular traffic
greater than that normal to the district, or
of offensive or objectionable noise, glare,
vibration,-odor or electrical disturbance;
6': The' use of 'more 'than one room in a dwelling
unit, or the maintenance of an office open
to the"general public;
7. Advertisement of the address of the property
to attract customers, clients or the public
to the premises;'
8. Operating commercial vehicles to and from
the premises, if more than two (2) round trips
per vehicle per day is contemplated.
9. The use o£ existing covered parking area or
garageforstorage or display of equipment,
appliances,. materials or supplies unless pro-
vsions for alternate parking are approved by
- the Planning; and Building Departments;
10. The use of an accessory, sign on the premises
advertising a home occupation.
1 Businesses contingent. upon the approvals listed
above shall be subject to periodic inspections
2 by Fire or Building and Safety Departments.
3 E. Only the following signs shall be permitted:
1. Only one Nameplate, lighted, if desired and not
4 exceeding one and one-half .square feet in area,
which shall be located on the building or against
5 the building, or not less than ten feet from any
property line.
6 2. One or more signs, none. of which shall be lighted
7 or have an area o£ more than four square feet,
and said signs shall pertain only to the pro-
spective lease or sale of only the property on
s which they are located, or bear only a legal
9 notice involving said property.
SECTION SIX
10
Ordinance 349 Section 9 (A) and Lake Elsinore Municipal
11 Code Section 17.44.020 are amended to read as follows:
12 17.44.020 Permitted uses. Uses permitted in the C-1 dis-
13 trict shall be as follows:
14 A. All uses permitted in the R-3 district, subject to
the provision of Section 17.44.040.
15 B. The Following retail business offices and commercial
enterprises.:
16 Apartment hotels
17 Automobile-sales agency, repairing, painting, and steam
cleaning within a building
18 Awning shops
Bakeries, retail
19 Banks
Barbershops
20 Beauty parlors
Bowling alleys
21 Business colleges (not trade schools)
Churches
22 Clinics, medical for human beings
Clothes pressing.,. and clothes cleaning establishments
23 '..using not more than two clothes cleaning units, neither
of which shall have a rated capacity of more than forty
- 2d pounds, nor using cleaning flixids which is explosive or
inflammable at temperatures above 138.5 Farenheit
25 Courts
Dancing School
26 Department Stores
Dressmaking .(limited to ten employees)
27 Drugstores
Dry-cleaning agencies
28 Dry goods stores
Fire stations
29 Florist shops
Frozen food locker
30 Grocery stores
Hardware stores
31 Hospitals
Hotels
32 Job printing and newspaper publishing
Laundry agencies
1 Lodge halls
Meat. markets.
2 Millnerg shops..
Mortuaries
3 Motels
Novelty stores
4 Offices for businesses or professions..and agents
Paint and paperstores
5 Parking lots
Photograph. galleries, but not motion picture studios
6 Physical culture establishments
Public stenographers
7 Public utility offices;. exchanges or substations
Radio sales and repair'shop
8 Restaurants
Service Stations 'for automobiles, but not steam cleaning
9 Shops for repair of bicycles; guns, jewelry, shoes.
type-writers,. watches
10 Stenographic shops
Studios,. but not motion picture studios
11 Tailor shops
Theaters
12 Upholstering shops
Used car lots, but it is unlawful to store or offer for
13 sale on any used car lot any vehicle which is not in
condition to be legally operated upon any California
14 state highway;..
15 C_ Other businesses or`enterprises which in the opinion
of the Planning Director. have been determined to be:
16
1. Similar to t'he business or enterprises listed in
17 Subsection B of this sectionp
2. :Not more detrimental or incompatible with the C-1
18 district than those listed in subsection B of
this section;
19
3. Not specifically listed as a permitted use in any
20 less structure district established in this title.
21, SECTION SEVEN
22 There is hereby added` to the Lake Elsinore Municipal Code
Section 17.44.060 to`read as follows:
23
17.44.060 Development S ahdards. If this district is within
24 an adopted Redevelopment Project Area it shall comply with
all the development Standards of the Redevelopment Agency.
25
SECTION EIGHT
26
Ordinance 349 Section 10 (A). and Lake Elsinore Municipal
27 Code Section 17:48.020 are amended to read as follows:
28 17 48 02'O Permitted us~_. Uses permitted'ih the C-2 distric
shall be as follows.:
29
A_ All uses permitted in the C-1 district;
30 g, The following general retail and commercial uses:
31 Automobile body and fender repair shops
32 Bottling plants.
Ceramics, manufacture, within a building
-Q-
1
2
3,
4
5
6
7
8
9
10
11
12
13
14
15
1&
17
18
19
20
21
22
23
2g
25
26
27
28
29
30
31
32
Commercial advertising structures
Dance halls, commercial
Dry-cleaning plants, general
Feed and fuel Yetal stores, provided all merchandise
therefore, in the C-2 district, shall be located only on
the same lot with such-store
Garment manufacturing
Household goods storage
Implement sales yard
Laboratories, agricultural.
Laundries...
Plumbing shops
Poolrooms..
Sheetmetal shops
Storage garages
Tinsmith shops
Tire retrading or capping shops
Trade schools
Veterinary .hospitals
Wholesale businesses;
C. Other businesses or enterprises which, in the opinion
of the Planning .Director have been determined to be:
1. Similar to the business or enterprises listed in
subsection B of this section.
2. Not more detrimental or incompatible with the C-2
district than those listed in .subsection B of this
section.
3. Not specifically listed as a permissive use in any
less restrictive districf established in this title.
D. Zight wholesale businesses and ligh£ manufacturing
using only electric power, whether in connection with
a retail business or not, ,provided a conditional permit
therefore is issued by the city. council after a report by
the planning commission. SucY. permit shall be issued only
after evidence satisfactory to the city council has been
submitted showing that:
1. The use,
2. The building or structure in connection with the
proposed use, or
3. The servicing of such .enterprise will not be more
detrimental. to the district; as determined by the
.city council., .than the list of uses and services,
and customary types of buildings used therefore as
shown in subsection B of this section. (Ord. 349
S10(A), 1953).
SECTION NINE
There is hereby added to .the Lake Elsinore Municipal
Code Section 17.48.060 to read as follows:
17.48.060 Development Standards. If this district is
within an adopted. Redevelopment Project Area it shall
comply with all the development standards of the Re-
development Agency.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
z0
21
22
23
24
25
26
27
28
29
30
31
32
SECTION TEN
Ordinance 480 Section 2, Ordinance 445 Section 2,
Ordinance 442 Seetion 3, Ordinance 349 Section 13 (3),
and Lake Elsinore Municipal Code 'Section 17.52.030.
are amehded to read as follows.:
17.52.030 Plot Plan--Automobile
e--site
development. Before any bui ding or structure here-
after constructed, erected or maintained and before
any building, permit shall be issued within this dis-
trict or zone, a plot plan showing the location of
any and all proposed buildings and developments, shall
be submitted to the Planning. Commission. Said plot
plan shall shown that the development will conform
with the following minimum standards:
A. Provide off-street automobile storage space on
the same or adjacent lot or parcel"of land as the
building (s) it is intended to serve. Such auto-
mobile space shall be graded and surfaced with cement
or blacktop so as to provide proper drainage and to
prevent dust arising therefore. Two or more commerical
uses may cooperate in the provision of automobile
' storage space 'required by: this section, provided the
~ nearest boundary of such storage space is not more
i than three hundred feet from any such commercial
use it is intended tb serve;'.
B. `Provide adequate loading space or private property
~ for. standing, acid for loading. and. unloading service
I for any commercial use involving the :receipt or dis-
tribution b vehicles'of materials or merchandise. Such
y
load in s ace shall be of such-size, and so located and
g P
designed as to avoid undue interference with the use of
public streets and. alleys, and shall be graded and-
- cement ar blacktop<surfaced to provide proper drainage
and prevent dust arising therefrom;
C. Provide-adequate off-street automobile storage
space for places o£ public assembly, located within
the CP`Zone, as may. be required by the Planning Com-
mission. Off-street automobile storage space suitably
located contiguous to the use it-is designed to serve
.may be included in computing required loading space;
D. Au omobile storage space 'shall be provided at.the
`time of erection of any main building or structure or
at the time any main building or structure is enlarged
or increased'in capadity or any space is used or
occupied for commercial purposes as required by the
City's Parking ordinance. Automobile storage shall be
developed in such manner as not to be detrimental to
surrounding properties• If it adjoins property zoned
R-1, R-2, or R-1, a soiiu fence wall or approved screened
planting shall be installed in such manner as to pre-
clude-any view of the storage space from said residen-
tial zone;
E. Proper ingress and egress locations shall be
clearly defined on the plod plan to minimize inter-
ference with the flow o€ prevailing traffic;
F. Planting of trees and appropriate plants in the
zoned parcels shall be reviewed by the Planning Director;
in
1 G. Apputrenance on light standards lighting the
grounds shall be directed and adjusted in such a man-
2 ner that the light beams will not shine cr adjoining
properties.
3
SECTION ELEVEN
4
There is hereby added to the Lake Elsinore Municipal
5 Code Section 17.52.080 to read as follows:
6 17.52.080 Development Standards. If this district is
7 within an adopted Redevelopment Project Area it shall
comply with all the development standards of the Re-
development Agency.
8
9 SECTION TWELVE
This ordinance shall take effect as provided by law.
to
11 INTRODUCED AND PASSED UPON FIRST READING this 14th
12 day of APRIL ,1982, upon the following
13 roll call vote:
AYES: TORN, P?ACMURRAY, UNS4!ORTH, STE!ti~ART
14
15 NOES: NONE
16 ABSTENTIONS: NONE
17 ABSENT: NONE
18 PASSED, APPROVED AND ADOPTED UPON SECOND READING
19 this 27th day of APRIL ,1982,
2Ct upon the following roll call voter
21 AYES: KNIGHT, frACMURRAY, TORN,
VALENZUELA, UNSI~iORTH
22 NOES: NOPIE
23 ABSTENTIONS: NONE
2d ABSENT: NQNE
~~~~//rtrt
25 '
N G. UNS
tdCRAY
26 City of Lake Elsinore
27 ATTEST:
APPROVED AS TO FORM:
28
29 ~~~~~G1l~~G
DEBORP.H AA. HARP~ON, CITCITY-CLERK
30 City of Lake Elsinore
John M. Porter, City Attorne
31
32
ORDINANCE NO. 638
1
2
3
4
5
6
7i
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
2a
25
26
27'
28
29
30
31
32
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LARE ELSINORE, CALIFORNIA
AMENDING ORDINANCE NO. 529, SECTION
4.16 CONCERNING TIME PERIODS, EXTEN-
SION, AND NEW CONDITIONS WITH RESPECT
TO TENTATIVE MAPS.
The City Council of the City of Lake Elsinore, Calif-
ornia does ordain as follows:
SECTION ONE:
Ordinance No. 529, Section 4.16 and Lake Elsinore
Municipal Code Section 16.24.160 are hereby amended as
follows:
16.24.160 Time Extension.
A. Subdivision. The approval of a tentative sub-
division map shall expire after thirty six months, unless
within that period of time a final map has been filed with
the County Recorder, or the land divider has applied in
writing to the City Council to extend the time for a period
or periods not exceeding twenty four months.
B. Minor Land Division (Parcel Map). The approval of
a tentative minor land division map shall expire after
eighteen months, unless within that period of time a final
map has been filed with the County Recorder, or the land
divider has applied in writing to the City Council to ex-
tend the time period or periods not exceeding twenty four
months.
C. Conformance With latest Requirements. The City
Council may require that the land division conform to the
applicable latest requirements in effect at the time an
extension is granted.
D. Application. The land divider shall make written
application to the City Council and pay the required fee
for extension of a tentative map not less than thirty days
prior to the expiration date thereof.
,.
~~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
^'a
~_
25
26
27
28
29
30
31
32
SECTION TWO:
This ordinance shall take effect as provided by law.
INTRODUCED AND PASSED UPON FIRST READING this 27th I
day of April , 1982, upon the
following roll .call vote:
AYES: KNIGHT, MAGPIURRAY, TORN, VALENZUELA, UNSIn!ORTH
NOES: NONE
ABSENT: NONE
ABSTENTIONS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
25th day of May , 1982
upon the following roll call vote:
AYES: KNIGHT, MACf1URRAY, TORN, VALENZUELr""„ UNSt+'OR1
NOES: NCNE
ABSENT: PONE
ABSTENTIONS: NONE
ATTEST:
Dekiorah A. Harrington
City Clerk
_ k~~r (tip
J hEPi G. UNSWORTIi ,Mayor
APPROVED AS TO FORM:
John M. Porter,
City Attorney
H
ORDINANCE NO. 639
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA ADDING SECTION
2.08.015 TO THE LAKE ELSINORE MUNICIPAL CODE
PROVIDING FOR ALTERNATIVE LOCATIONS FOR CITY
COUNCIL MEETINGS WITHIN THE CORPORATE LIMITS
OF THE CITY OF LAKE ELSINORE
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA
DOES ORDAIN AS FOLLOWS:
SECTION ONE
There is hereby added to the Lake Elsinore Municipal Code
Section 2.08.015 Alternate Locations, which is to read as follows:
Notwithstanding Lake Elsinore Municipal Code Section
2.08.010, City Council meetings may be held at alternate locations
within the corporate limits of the City of Lake Elsinore in the
following situations:
A. A regular City Council meeting may be held at an
alternate location when the City Council so directs at a prior
regular City Council meeting, or at an adjourned regular City
Council meeting, or at a special City Council meeting, or at an
adjourned special City Council meeting.
B. A special City Council meeting may be held at an
alternate location when the written notice of said special City
Council meeting calls for it to be held at such alternate location.
C. An emergency City Council meeting may be held at an
alternate location when the notice of said emergency City Council
meeting calls for it to be held at such alternate location.
D. A regular City Council meeting, an adjourned regular
City Council meeting, a special City Council meeting, an adjourned
special City Council meeting, an emergency City Council meeting,
and an adjourned emergency City Council meeting may all be
adjourned to an alternate location.
E. If, by reason of fire, flood, earthquake or other
emergency, it shall be unsafe for the City Council to meet at the
City Council chambers in the City Hall, City Council meetings may
be held for the duration of the emergency at such alternate
location as is designated by the Mayor, or in his absence, the
Mayor pro tem.
SECTION TWO.
This ordinance shall take effect as provided by law.
INTRODUCED AND PASSED UPON FIRST READING this 25~h
day of MaY , 1982, upon the following roll
call vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH
NOES: NONE
ABSENT: NONE
ABSTENTIONS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
8th day of June 1982, upon the
following roll call vote:
AYES: KNIGHT, MACMURRAY, UAGENZUELA, UNSWORTH
NOES: NONE
ABSENT: TORN
ABSTENTIONS: NONE
ATTEST:
BORAH A. HAR GTON, C y Clerk
U
J N UNSWORTH, Mayor
APPROVED AS TO /FORM:
{'
JO M. PORTER, City Attorney
ORDINANCE NO. 640
1
2
3
4
5,
6
7
8'
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI-
FORNIA, REZONING CERTAIN PROPERTY WITHIN ITS
CORPORATE BOUNDARIES FROM R-1 (SINGLE-FAMILY
RESIDENCE) TO CP (COMMERCIAL PARK).
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: The following described property located in
the City of Lake Elsinore, California, is removed from its
present district as R-1 (Single-Family Residence) and hereby
rezoned to CP (Commercial Park); that the property which is
rezoned is all that certain real property which is located in
the City of Lake Elsinore and described as follows:
EXHIBIT "A"
PARCEL 1
THAT CERTAIN PARCEL OF LAND BEING THAT PORTION OF
THE EAST HALF OF SECTION 9, TOWNSHIP 6 SOUTH, RANGE
4 WEST, SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION 9, MARKED
BY A TWO INCH IRON PIPE:
THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 9, S 890 51' 00" E, 765.98 FEET TO
THE TRUE POINT OF BEGINNING;
THENCE N 490 32 ', 22" W, A DISTANCE OF 76.74 FEET;
THENCE N 42c 47' 28" E, A DISTANCE OF 144.93 FEET TO
A POINT ON THAT CERTAIN COURSE DESCRIBED AS S 440 20'
10" E, 184.68 FEET IN PARCEL 1 OF THAT CERTAIN DEED
TO THE STATE OF CALIFORNIA, RECORDED JANUARY 24, 1979
AS INSTRUMENT NUMBER 16395 OF RIVERSIDE COUNTY RECORDS:
THENCE ALONG SAID COURSE S 440 20' 10" E, A DISTANCE
OF 150.00 FEET:
THENCE ALONG THE COURSE CITED AS S 010 47' 50" E,
31.06 FEET IN SAID INSTRUMENT NUMBER 16395 TO COURSE
"A" IN SAID INSTRUMENT NUMBER 16395;
THENCE ALONG COURSE "A" OF SAID INSTRUMENT NUMBER
16395 AND ITS SOUTHWESTERLY EXTENSION S 420 45' 49" W,
A DISTANCE OF 108.38 FEET TO A POINT ON THE LINE WHICH
BEARS S 49° 32' 22" E FROM THE TRUE POINT OF BEGINNING:
THENCE N 490 32' 22" W, A DISTANCE OF 95.00 FEET TO
THE TRUE POINT OF BEGINNING.
32 ~~ and
~,~~ EXHIBIT "B"
2 ~~ PARCEL 2
3 THAT CERTAIN PARCEL OF LAND BEING THAT PORTION OF
THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 6
4 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN
DESCRIBED AS FOLLOWS: .
5
COMMENCING AT THE CENTER OF SAID SECTION 9, MARKED
6 BY A TWO INCH HIGH IRON PIPE:
7 THENCE ALONG THE SOUTH LINE OF THE NORTH EAST QUARTER
OF SAID SECTION 9, S 890 51' 00" E, 765.98 FEET;
8
THENCE N 49~ 32' 22" W, A DISTANCE OF 76.74 FEET TO
9 THE TRUE POINT OF BEGINNING;
10 THENCE N 420 47' 28" E, A DISTANCE OF 144.93 FEET TO
A POINT ON THAT CERTAIN COURSE DESCRIBED AS S 440 20'
~-1 10" E, 184.68 FEET IN PARCEL 1 OF THAT CERTAIN DEED
TO THE STATE OF CALIFORNIA RECORDED JANUARY 24, 1979,
~-2 AS INSTRUMENT NUMBER 16395 OF RIVERSIDE COUNTY RECORDS:
13 THENCE ALONG SAID COURSE AND ITS NORTHWESTERLY EXTEN-
14 SION, N 44~ 20' 10" W, A DISTANCE OF 84.93 FEET TO A
POINT ON THE CENTERLINE OF RAILROAD CANYON ROAD 80.00
FEET WIDE BEING A POINT ON A NON-TANGENT CURVE CON-
15 CAVE SOUTHEASTERLY, HAVING A RADIUS OF 899.92 FEET,
A RADIAL LINE THROUGH SAID POINT BEARS N 290 53' 57" W;
16
THENCE SOUTHWESTERLY ALONG SAID CENTERLINE AND 899:-92
17 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 100 02'
18 52", A DISTANCE OF 157.82 FEET TO A POINT ON THE LINE
WHICH BEARS N 490 32' 22°' W FROM THE TRUE POINT OF
19 BEGINNING;.
THENCE NON-TANGENT TO SAID 899.92 FOOT RADIUS CURVE,
20 S 490 32' 22" E, A DISTANCE OF 118.46 FEET TO THE
21 TRUE POINT OF BEGINNING.
22 SECTTON 2: This ordinance shall become effective as
23 provided by law..
2a PASSED, APPROVED AND ADOPTED this 8th day of June, 1982.
25
26
27 ~r (/L e~..
ohn G. Unsworth, Mayor
28
`Z9 ATTEST:
30
31 .l$~~~~~ .:fi r~~a~`
eborah Harrinc3ton, Cit Clerk
32 (SEAL)
-2-
ORDINANCE N0. 641
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA REPEALING
ORDINANCES 396, 489, 537, 580 AND 589 AND
LAKE ELSINORE MUNICIPAL CODE CHAPTER 6.04
AND PROVIDING FOR THE LICENSING OF DOGS AND
IMPOUNDING OF ANIMALS; REGULATING THE KEEPING
AND CONTROL OF DOGS AND OTHER DOMESTIC ANIMALS;
PROVIDING FOR THE CONTROL AND SUPPRESSION OF
RABIES; CONCERNING THE DUTIES OF THE ANIMAL
CONTROL OFFICER
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA DOES
ORDAIN AS FOLLOWS:
SECTION ONE.
Ordinance Numbers 396, 489, 537, 580 and 589 and Lake Elsinore
Municipal Code Chapter 6.04 are hereby repealed.
SECTION TWO.
There is hereby added to the Lake Elsinore Municipal Code a new
Chapter 6.04, which is to read as follows:
Chapter 6.06
Animals and Animal Control Officer
Definitions
6.04.010
Whenever, in this ordinance, the following terms are used, they
shall have the meaning ascribed to them in this section unless it is apparent
from the context thereof that some other meaning is intended:
A. ANIMAL CONTROL OFFICER. The person or duly authorized agent of such
person so designated by the City h1anager.
B. PERSON. Any individual, firm, partnership, joint venture, corporation,
association, club or organization.
C. COMMERCIAL KENNEL. Any building structure, enclosure or premises
whereupon, or within which, 4 or more dogs are kept or maintained primarily
for financial profit for the purpose of boarding, breeding, training, marketing,
hire or any other similar purpose.
D. COMMERCIAL CATTERY. Any building, structure, enclosure or premises
whereupon, or within which, 4 or more cats are kept or maintained, primarily
for financial profit for the purpose of boarding, breeding, training, marketing,
hire or any other similar purpose.
E. UNLICENSED DOG. Any dog for which the license for the current year
has not been paid, or to which the license tag for the current year is not
attached.
F. VICIOUS DOG. Any dog which has bitten a person or animal without
provocation or which has a disposition or propensity to attack or bit any person
or animal.
G. AT LARGE. Any dog which is off the premises of and not within the
reasonable control or call of the owner or person in charge of said dog.
H. IMPOUNDED. Having been received into the custody of the animal
control center authorized under the provisions of this ordinance.
I. VACCINATION. An inoculation against rabies of any dog or cat 4
months of age or older of any vaccine prescribed for that purpose by the
California Department of Health Services.
6.04.020 FEES - - DOGS
A. It shall be unlawful for any person to own, harbor or keep any dog
four (4) months of age or older within the corporate limits fora period longer
than thirty (30) days, unless there is attached to such dog a valid license
tag obtained from the City. A license will be issued for each dog upon payment
of a license fee, which shall be established by resolution of the City Council.
Said license shall be valid fora period of 1 year following issuance and shall
be renewed within thirty (30) days after such period terminates.
B. If an application for a license is made more than thirty (30) days
after the date such license is required, the applicant shall pay a penalty,
which shall be established by resolution of the City Council. If a valid
license tag is lost or destroyed, a duplicate thereof may be procured from the
City upon submission of proof of loss and payment of the fee established by
resolution of the City Council.
C. No fee shall be required for a license for any dog being reared,
possession and under control of a blind person or a bona fide organization
having as its primary purpose the furnishing and training of guide dogs for
the blind.
6.04.030 FEES - - KENNELS AND CATTERIES
A. It shall be unlawful for any person to own or operate a Commercial
Kennel or a Commercial Cattery without a license from the City. A license
will be issued for each commercial kennel or each commercial cattery upon
payment of the license fee, which shall be established by resolution of the
City Council. Said license shall be valid fora period of 1 year following
issuance and shall be renewed within thirty (30) days after such period termin-
ates.
B. If an application fora license is made more than thirty (30) days
after the date such license is required, the applicant shall pay a penalty,
which shall be established by resolution of the City Council.
6.04.040 FEES - - OTHER
Additional fees associated with the City's Animal Control functions
shall be established for the following categories by resolution of the City
Council:
(1) Impound Fee ( All Animals )
First Pick up in twelve month period
Second Pick up in twelve month period
Third Pick up in twelve month period
(2) Boarding of dogs and cats
(31 Rnardino of all other ani
6.04.050 INFORMATION - - TAGS
Each license shall state the name and residence address of the
person to whom each license is issued, the amount paid therefore, the date
when issued, the date on which. such license shall expire, and in the case
of an individual dog license, a description of the dog for which such license
is issued, and the number of the metallic tag accompanying such license, which
metallic tag is required and authorized, and shall be furnished at the expense
of the City. With each license for any individual dog, there shall be issued
and delivered to the person securing the license a metal tag with a serial
number of the license and the year for which issued. Each kennel or cattery
license shall show the maximum number of animals which may be kept in such
kennel or cattery under authority of such license.
6.04.060 VACCINATION REQUIREMENTS
At the time of payment of the fee fora dog license, the applicant
therefor shall deliver to the City a certificate of vaccination, signed by a
veterinarian licensed to practice as such in the State, certifying that he
vaccinated the dog for which a license is sought with canine rabies vaccine
one injection or approved method, within a period of twelve months, and giving
the date of such vaccination, the breed or type of each dog and the name of
the owner of said dog.
6.04.070 KENNEL OR CATTERY LICENSE - - APPLICATION
A. Application fora kennel or cattery license shall be filed with the
City on a form prescribed by the City not later than 10 days after obtaining
written verification from the Planning and Building Department of the City
that the operation of a commercial kennel or commercial cattery is in compliance
with all applicable City codes. After receipt of the application, the City
shall make, or cause to be made, an examination of the commercial kennel or
commercial cattery, in the opinion of the City satisfactorily meets each of
the following conditions:
1. The commercial kennel or commercial cattery is constructed,
equipped and maintained so as to continuously provide a
healthful- and sanitary environment for the dogs or cats
kept, or to be kept, therein;
2. There is adequate shelter from the elements and sufficient
space for exercise;
3. There is ample and healthful food and potable water and
adequate sanitary facilities for the storage of such food
and water;
4. There are adequate drainage facilities and satisfactory
sanitary disposal of both natural precipitation and dog
or cat wastes;
5. There is adequate and effective means of the control of
insects and rodents, and such control is vigorously and
continually maintained; and
6. Living quarters for human habitation shall not be consid-
ered adequate fora commercial kennel or cattery.
B. The City shall have the authority to enter upon the premises in
which a commercial kennel or commercial cattery is located for the purpose
of determining whether such kennel or cattery satisfactorily meets the con-
ditions set forth in this ordinance.
C. The City may deny an application for the license required by this
Chapter whether original or renewal, or suspend or revoke such a license, if
it finds that any commercial kennel or commercial cattery fails to meet any
of the conditions set forth in this Chapter, or the premises within which dogs
or cats are kept or maintained as provided in this Chapter herein fail to meet
any of the conditions set forth herein. The City shall prepare a notice of
denial of an application, or suspension or revocation of a license, setting
forth the reasons for such denial, suspension or revocation. Such notice shall
be served personally on the applicant or licensee, or sent by certified mail,
postage prepaid, return receipt requested to the applicant or licensee. Such
notice of denial, suspension or revocation shall be effective 30 days after
renewal service or mailing thereof. Any person who has an application denied,
or a license suspended or revoked, may appeal such denial, suspension or revo-
cation by filing with the City, within 15 days after notice of such denial,
suspension or revocation, a written notice of appeal briefly setting forth the
reasons why such denial, suspension or revocation is not proper and by paying
the fee for appeal established by resolution of the City Council. The Clerk
shall give notice to the appellant by regular mail of the time and place of the
hearing. Such appeal shall be heard by the City Council which may affirm, amend
or reverse the decision. In conducting the hearing, the Council shall not be
limited by the technical rules of evidence.
6.04.080 NON-PROFIT CORPORATIONS
A non-profit corporation formed pursuant to the provisions of the
California Corporation Code commencing with Section10400 for the prevention
of cruelty to animals shall not be required to pay a fee for the licenses re-
quired by this Ordinance. With the exception of such fees, all other provisions
of this chapter shall be applicable to any such non-profit corporation.
6.04.090 PUPPY SALE REPORT
The sale of each dog by a kennel or pet shop before it has attained
the age of four months shall be reported to the City within 10 days of the sale
on a form to be furnished by the City, which form shall include information as
to the name and address of the person to whom the dog is sold, a description of
the dog, age of the dog, and such other pertinent data as the City may require.
6.04.100 ANIMAL CONTROL OFFICERS
It shall be the duty of all peace officers to cooperate with and
- assist the Animal Control Officer in the enforcement of the provisions of this
ordinance. Unless otherwise prohibited by law, all persons whose duty it is
to enforce the provisions of this ordinance are hereby empowered to enter upon
private property where any dog is kept or believed to be kept for the purpose
of ascertaining whether any dog is harbored in violation of any of the provi-
sions of this ordinance.
6.04.110 DUTIES OF OFFICERS
It shall be the duty of the Animal Control Officers:
A. To receive, take up, and impound:
1. Any dog found running at large in violation of this ordinance
or of any law of the State of California.
2. Any dog which is molesting any person.
3. Any dog which is molesting or harassing animals, birds, or
pets upon the premises of any person.
B. To regularly and adequately feed, water, and otherwise care for all
animals impounded under the provisions of this ordinance, or to provide for such
feeding and watering.
C. To investigate the condition and behavior of any dog which he has
reason to believe is vicious or dangerous and if he finds such dog to be vicious
in its habits, he shall report his findings in writing, either in person or by
mail, to the owner of such dog if the name and whereabouts of said owner are
known, and if unknown, then the dog shall be impounded.
D. To follow the provisions of Penal Code Section 597f in humanely
destroying or giving emergency care to sick or injured dogs or cats.
E. To do and perform any other acts necessary to carry out the provisions
of this ordinance and of the laws of the State of California relating to dogs:
F. Make such reports to the City Planager and City Council as they may
require, relative to their duties as Animal Control Officer and performance of
his duties in accordance with this chapter.
Impoundment
6.04.120
A. No impounded animal shall be redeemed except on payment of all app-
ropriate fees established by resolution of the City Council. No dog which is to
be kept or harbored within the corporate limits of the city shall be released from
the pound unless or until it is duly licensed in accordance with the provisions
of this chapter. No unredeemed dog shall be sold for more than the pound fees
plus the cost of care and feeding provided, however, that no such dog shall be
sold if or while the same is suffering from any infectious or communicable disease.
B. Any officer acting under the provisions of this ordinance, and impound-
ing a licensed dog, shall give notice in person or by regular mail to the last
known address of the owner of the impounding of such dog. If such dog is not
redeemed within ten (10) days from the date of the giving of such notice, the
officer having custody of the dog shall dispose of it in accordance with the
provisions of this chapter or shall have the dog destroyed.
- C. Upon impounding an unlicensed dog, the officer shall give notice in
person or by regular mail to the owner, if known, of the impounding of such dog.
If such dog is not redeemed within five (5) days after such notice has been given,
the officer shall dispose of such dog in accordance with the provisions of this
chapter, or shall have the dog destroyed.
D. The officer having custody of any impounded dog may, by humane
methods, summarily destroy said dog if:
1. The dog is suffering from any incurable, dangerous or
contagious disease, providing a licensed veterinarian
shall certify, in writing, that such dog is so suffering;
or,
2. It is an unlicensed vicious dog.
6.04.130 CATS - - EXCEPTION
All of the provisions of this section pertaining to impounded
unlicensed dogs, except the licensing provisions thereof, shall apply to
impounded cats and other animals.
6.04.140 UNLAWFUL ACTS - - DESIGNATED
It is unlawful:
A. For the owner of any dog to fail or neglect or refuse to obtain
a license for such dog as required in this chapter;
B. For an owner of any dog to fail or neglect to keep fastened to
such dog the tag herein provided to be issued to such owner, except while
such dog remains indoors or in an enclosed yard or pen;
C. For any person to interfere with, oppose or resist the Animal
Control Officer or other person charged with the enforcement of this Chapter,
while the Animal Control Officer or such other person or persons are engaged
in the performance of their duties under this Chapter;
D. For any person to attach any current license tag to any dog other
than the dog for which such license tag was originally issued;
E. For any person other than the owner to remove from any dog any tag
which has been attached to such dog pursuant to the provisions of this Chapter
or for any person to counterfeit or imitate any such tag or attach a counter-
feit or imitation tag to any dog or to possess any such counterfeit tag;
F. For the owner or person in charge thereof of any vicious dog to fail,
neglect, or refuse to keep posted in a conspicuous place at or near the entrance
to the premises on which said dog is kept, a sign having letters at least 2 inches
in width and reading "Beware of Vicious Dog". No vicious dog shall be permitted
to leave the premises of the owner or person in charge thereof unless such dog is
under the immediate control and physical restraint of such owner or person;
G. For any person to remove an impounded animal from an animal control
center without the consent of the officer in charge thereof;
H. For the owner or person in charge of any dog, whether licensed or un-
licensed, to permit such dog to roam, stray or run at large in, or into, any
portion of the corporate limits of the City;
I. For any person to keep or allow to be kept or suffer or permit any dog
to remain upon the premises under the control of such person, firm, or corporation
when such dog habitually barks, whines, or makes loud and unusual noises in such a
manner as to disturb the peace and quiet of the neighbors surrounding or in the
vicinity of such premises, or whose barking or howling or other sound or cry
interferes with any person of ordinary sensitivities in the reasonable and
comfortable enjoyment of life and property;
J. No person shall treat an animal in a cruel or inhumane manner or
willingly or negligently cause or permit any animal to suffer unnecessary
torture or pain. No person shall abandon any animal without care on any
public or private property;
K. Any animal which is abandoned or treated in a cruel or inhumane
manner, or willing or negligently allowed to suffer unnecessary torture or
pain in violation of this Section, may be impounded and disposed of in a
humane manner.
1. At least three (3) working days prior to the impoundment of
any animal under this sub-section notice shall be given in
person to, or by regular mail to the last known address of,
the owner or person entitled to possession thereof of his
or her right to a hearing before the City f4anager or his
designee, as to whether or not such impoundment is justi-
fied. If the owner or person entitled to possession
thereof requests a hearing prior to impoundment, no im-
poundment shall take place until the conclusion of the
hearing except as provided herein. If in the opinion of
the Animal Control Officer immediate impoundment is necessary
for the preservation of the public health or safety, the pre-
impoundment hearing need not be held; provided, however, in
such cases the owner or person entitled to possession there-
of shall be given three (3) working days notice as provided
herein of his or her right to a hearing before the City
Manager or his designee. If a hearing is requested, the
hearing shall be held within five (5) days of the request,
and the dog or cat shall not be destroyed or otherwise dis-
posed of prior to the conclusion of the hearing. Notice of
the time, date and place of the hearing shall be given by
regular mail to the owner or person entitled to possession
thereof.
2. If, at the end of the hearing, the impoundment is found to be
unjustified, the animal shall be returned to the owner or the
person entitled to possession thereof without charge.
L. For any person knowingly to violate or cause to be violated any of
the provisions of this Chapter.
6.04.150 ISOLATION OF ANIMALS
A. Whenever it is shown that any animal has bitten any person, the owner
or persons having the custody or possession thereof shall, upon order of the
Animal Control Officer, quarantine it and keep it confined at the owner's expense
fora period of ten (10) days for cats and dogs and fourteen (14) days for all
other types of animals and shall allow the Animal Control Officer or his repre-
sentative to make an inspection or examination thereof at any time during such
period. Animals quarantined must not be removed from the premises without
permission of the Animal Control Officer first obtained in writing. The Animal
Control Officer shall have the authority to impound any animal at the owner's
expense if the owner fails or refuses to confine said animal.
B. If it shall be determined by the Animal Control Officer, after
giving the order of quarantine mentioned in this .section, that the dog is a
vicious dog, although not afflicted with rabies, the Animal Control Officer
shall thereupon order the person who owns or has the custody of the dog that
until further order of the Animal Control Officer, he shall keep the dog
securely fastened by chain, or securely confined within private property, or
keep the dog in such manner as the Animal Control Officer shall direct to
prevent it from biting or having the opportunity of biting any person.
Failure to do so on the part of the owner or person having custody of the
dog shall constitute a violation of this Ordinance.
C. The Animal Control Officer may, in his discretion, post or cause to
be posted an appropriate sign on any premises where a dog has been quarantined
pursuant to this Ordinance to warn the public of the fact. It shall be un-
lawful for any person to remove a sign posted pursuant to this section without
permission of the Animal Control Officer first obtained in writing.
D. If it shall appear to the Animal Control Officer that a dog or other
animal has rabies, he may destroy such animal forthwith, or hold said animal
for further examination for such time as he may consider advisable.
E. Whenever any animal shall be bitten by another animal having rabies,
or shows any symptoms of rabies, the owner or person having the possession of
the animal shall immediately notify the Animal Control Officer, and confine
the animal, and keep it confined until it is established to the satisfaction
of the Animal Control Officer that it does not have rabies. The Animal Control
Officer shall have the power to quarantine any such animal, or impound it at
the owner's expense if the owner or person having possession thereof shall fail
to confine such animal immediately, or in case the owner or person having
possession thereof is not readily accessible.
F. Whenever the Animal. Control Officer shall determine that an epidemic
of rabies exists or is threatened, he shall have the authority to take such
measures as may be reasonably necessary to prevent the spread of the disease,
including the declaration of a quarantine against any or all animals in any
area of the City as the Animal Control Officer may determine and define, for a
period of not more than one hundred twenty (120) days. An additional or ex-
tended quarantine period may also be declared if the same shall be deemed
necessary by the Animal Control Officer for the protection and preservation of
the public health, peace, and safety. Any quarantine declared under the pro-
visions of this Section other than as restricted herein, shall be upon such
conditions as the Animal Control Officer may determine and declare.
G. The City may enter into a written agreement or agreements with any
veterinarian licensed by the State of California, or any organized humane society
or association, which will undertake to carry out the provisions of this Ordin-
ance and maintain and operate a pound and license, take up, impound and dispose
of animals. Any such veterinarian or society or association which shall enter
into an agreement shall carry out all the provisions of this ordinance in the
manner herein prescribed.
6.04.160 VIOLATION - - PENALTY
Any person violating any of the provisions of this ordinance shall
be guilty of an infraction and upon conviction thereof shall be punished by
(1) a fine not exceeding $50.00 for the first violation; (2) a fine not ex-
ceeding $100.00 for the second violation within 1 year; (3) a fine not ex-
ceeding $250.00 for each additional violation within 1 year. A violation for
failure to obtain a license fora dog shall be dismissed by the Clerk of the
Court or by the Court when the person charged for the violation produces in
Court a valid license procured not more than 10 days after the date of the
violation.
SECTION THREE
This ordinance shall take effect as provided by law.
INTRODUCED AND PASSED UPON FIRST READING this 27th
day of July 1982, upon the following roll call vote:
AYES: Knight, Torn, Valenzuela, Unsworth
NOES: None
ABSENT: MacMurray
ABSTENTIONS: None
PASSES, APPROVED AND ADOPTED UPON SECOND READING this 10th
day of August 1982, upon this following roll call vote:
AYES: Knight, MacMurray, Torn, Valenzuela, Unsworth
NOES: None
ABSENT: None
ABSTENTIONS: None
ATTEST:
DEBORAH A. HARRINGTON, ity Clerk
d'GL.ti.. ~/r /N~t..r-tr
J N G. UNSWORTH, Mayor
APPROVED AS TO FORM:
JOHN M. PORTER, City Attorney
ORDINANCE NO. 642
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI-
FORNIA., ADOPTING CERTAIN ZONING STANDARDS FOR
USE ONLY WITHIN THE AREA DESIGNATED AS THE
GATEWAY ANNEXATION AREA.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION ONE:
As authorized by Section 65859 of the Government Code of
the State of California, a city may prezone unincorporated terri-
tory adjoining such city for the purposes of determining the
zoning which would apply to property in the event of a subsequent
annexation to said city. Therefore, the City of Lake Elsinore
hereby references the Riverside County Zoning Map and the River-
side County Zoning Ordinance, as modified, and establishes said
Map and Ordinance as the zoning for said Gateway Annexation Area.
SECTION TWO:
The City of Lake Elsinore, California, shall utilize the
following zoning districts only within the Gateway Annexation Area:
Chapter 17.13 - (A-1) Light Agriculture District
Chapter 17.15 - (R-R) Rural-Residential District
Chapter 17.17 - (R-R-O) Rural-Residential, Outdoor
Advertising District
Chapter 17.18 - (R-1-G) One-Family Dwelling District
Chapter 17.51 - (C-P-S) Scenic Highway Commercial District
SECTION THREE:
The Gateway Annexation Area, which contain approximately
455 acres, more or less, shall be generally described as follows:
Being portions of Sections 29, 30, 31, and 32 of T.5.S.,
R.4.W., S.B.B.& M, more particularly described as follows:
Beginning at the southeast corner of said Section 31,
thence: along the south line of said section, North 89°
27' 40" West 515.93 feet more or less to the northeasterly
right of way line of State Highway 71 (also known as
Interstate Route 15), thence along said right of way line
the following courses:
North 36° 39' 00"
North 18° 12' S4"
North 36° 39' 00"
North 53° 45' 10"
North 36° 39' 00"
South 53° 21' 00"
North 36° 39' 00"
West 125.63
West 63.25
West 80.00
West 68,01
West 105.00
West 15.00
West 293.37
feet,
feet,
feet,
feet,
feet,
feet,
feet,
thence
thence
thence
thence
thence
thence
to a tangent 160.00 foot radius curve concave northeasterly,
thence 224.61 feet along the arc of said curve through a
central angle of 80° 26' 02", thence North 46° 12' 58" west
10.00 feet to the southeasterly right of way of Second
Street, thence along the southeasterly right of way of
Second Street South 43° 47' 02" West 193.91 feet, thence
continuing along said right of way of said Highway 71,
North 44° 49' 44" West 60.02 feet, thence
North 37° 04' 37" West 536.84 feet, thence
North 36° 39' 00" West 219.10 feet
to a tangent 1000.00 foot radius curve concave northeasterly,
thence along the arc of said curve 161.44 feet through a
central angle of 9° 14' 59", thence North 27° 24' O1" West
192.83 feet to a tangent 1000.00 foot radius curve concave
southwesterly, thence 'along the arc of said curve 161.44
feet through a central angle of 9° 14' S9", thence North
36° 39' 00" West 463,62 feet to a tangent 2500.00 foot
radius curve concave northeasterly, thence 210.77 feet
along the arc of said curve through a central angle of
4° 59' S0", thence North 31° 49' 10" West 1019.27 feet,
thence North 3° 52' 24" East 37.43 feet to a point on the
southeasterly right of way line of State Highway 74 (also
known as Central Avenue) thence leaving said northeasterly
right of way of State Highway 71, said right of way line
being 50.00 feet from and parallel with the Centerline of
said Highway 74, North 43° 45' 17" East 546.48 feet more
or less to a point on the southwesterly line of lot "I"
of Famlee tract recorded in Map Book 14, page 9, Records
of Riverside County, thence continuing along said southerly
line North 460 16' 04" West to the westerly corner of said
lot, said corner being 40.00 feet from the Centerline of
said Highway 74, thence continuing along the southeasterly
right of way line of said Highway 74 along a line 40.00 feet
from and parallel with the Centerline of said right of way
North 43° 45' 17" East 784.00 feet more or less to the
Centerline of Cambern Avenue, thence South 460 51' 08" East
10.00 feet along the Centerline of Cambern Avenue to a point
on a line of the extension of the southeasterly right of
way of said Highway 74, thence continuing along said High-
way 74 right of way on a line 50.00 feet from and parallel
with the centerline of said Highway 74, North 43° 14' 59"
East (Bearing recorded per Tract 11283) 1931.86 feet to a
tangent 1005.37 foot radius curve concave northwesterly,
thence 417.43 feet along the arc of said curve through a
central angle of 230 47' 21", thence North 19° 27' 38"
East 383.31 feet to a tangent 269.62 foot radius curve
concave southeasterly thehce 213.89 feet along the arc of
said curve through a central angle of 450 27' OS" thence
North 64° 54' 43" East 561.47 feet more or less to the
beginning of a tangent 623_57 foot radius curve concave
northwesterly thence along the arc of said curve 555.78 feet
through a central angle of 51° 04' 00" thence continuing
along the southeasterly right of way of said Highway 74
being 50.00 feet from and parallel with the centerline,
North 13° 49' 49" East (Bearing per Parcel Map 57/18)
884.32 feet to a 666.78 foot radius curve concave south-
easterly, thence along the arc of said curve 131.86 feet
through a central angle of 11° 19' 50" thence leaving said
right of way and continuing along the northerly line of
Parcel Map 57/18 South 64° 23' 47" East 666.78 feet, thence
along the easterly line of said Parcel Map South 000 32' 13"
West 2488.13 feet to a point on the north line of Section 32,
thence continuing along said North line South 89° 55' 43"
West 303.98 feet more or less to the northeasterly corner
of the northwesterly 1/4 of the northwesterly 1/4 of Section
the northwest 1/4 of Section 32, South 00° 25' 08" West
2637.31 feet, thence along the east line of the west 1/2
of the southwest 1/4 of said Section 32, South OOo 25' 32"
West 2632.86 feet to the south line of said section, thence
along said south line North 89° 50' 22" West 1320.59 feet
to the southeast corner of said Section 31 being the Point
of beginning.
SECTION FOUR:
This ordinance shall take effect as provided by law.
INTRODUCED AND PASSED UPON FIRST READING THIS 10th day of
August 1982 upon the following roll call vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNS6JORTH
NOES: NONE
ABSENT: NONE
ABSTENTIONS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING THIS
28th day of September 1982 upon the following roll call
vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSVIORTH
NOES : NONE
ABSENT: NONE
ABSTENTIONS: NONE
~,
ohn G. Unsworth, Mayor
ATTEST:
,~~ /~ /
%z~i~~/J~/./ . ifilGl' Cif
Deborah Harrington, ty Clerk
(SEAL)
ORDINANCE N0. 643
AN ORDINANCE OF THE CTTY OF LAKE ELSINORE,
CALIFORNIA, ADDING CHAPTER 17..13 (A-1)
LIGHT AGRICULTURE DISTRICT, TO THE LAKE
ELSINORE MUNICIPAL CODE, PROVIDING FOR A
LIGHT AGRICULTURE DISTRTCT (A-1) ZONE FOR
USE ONLY WITHIN THE AREA DESIGNATED AS
THE GATEWAY ANNEXATION AREA.
THE CITY COUNCIL OF THE CTTY OF LAKE ELSINORE, CALIFORNIA
DOES ORDAIN AS FOLLOWS:
SECTION ONE
There is hereby added to the Lake Elsinore Municipal Code
Chapter 17.13 Light Agriculture District and the following sections..
17.13.020 Permitted uses
A. Any use permitted in the R-1-G district.
B. The following agricultural uses:
1. Farms for rabbits, fish, frogs, chinchilla or other small
animals.
2. Water works facilities, both public and private, intended
primarily for the production and distribution of water
for irrigation purposes.
3. Nurseries, greenhouses, orchards, aviaries, apiaries, field
crops, tree crops, berry and busP, crops, vegetable, flower
and herb gardening. The drying, packing canning, freezing
and other accepted methods of processing the produce re-
sulting from such permitted uses, when such processing is
primarily in conjunction with a farming operation and
further provided that the permanent buildings and structures
used in conjunction with such processing operations are not
nearer than 20 feet from the boundaries of the premises.
4. The grazing of cattle, horses, sheep, goats or other farm
stock or animals, not including hogs, including the supple-
mentary feeding thereof, not to exceed 5 animals per acre
- of all the land available; provided however, the systematic
rotation of animals with more than 5 animals per acre is
permitted so long as the total number of permitted animals
is not exceeded. For the grazing of sheep or goats, the
permissible number of animals per acre may be multiplied by
3, except that there shall be no limit to the permissible
number of sheep which may be grazed per acre when the graz-
ing is for the purpose of cleaning up unharvested crops,
provided that such grazing is not conducted for more than
4 weeks in any 6 month period. The provisions of this
paragraph apply to mature breeding stock, maintenance stock
and similar farm stock, and shall not apply to the off-
spring thereof, if such offspring are being kept, fed or
maintained solely for sale, marketing or slaughtering at
the earliest practical age of maturity. In all cases the
permissible number of animals per acre shall be computed
upon the nearest equivalent ratio.
5. Farms or establishments for the selective or experimental
breeding and raising of cattle, sheep, goats, and horses,
subject to the limitations set forth in subsection (B) (4)
of this section.
6. Farms for the raising of hogs, not to exceed 5 animals per
acre of all the land available, provided however, the
systematic rotation of animals with more than 5 animals
per acre is permitted so long as the total number of per-
mitted animals is not exceeded. For the purpose of determin-
ing the number of hogs on a parcel, both weaned and unweaned
hogs shall be counted. (see Ordinance No. 640 regarding hog
ranches).
7. Future Farms, 4-H or similar projects conducted by the
occupants of the premises.
8. A temporary stand for the display and sale of the agriculture
produce of any permitted use that is produced upon the
permises where such stand. is located or upon contiguous
lands owned or leased by the owner or occupant of the premises.
C
9. Dog kennels, non-commercial, on parcels of land one acre or
larger in gross area.
A sign, single or double faced, not exceeding 12 square feet in
area per face, advertising only the sale of the services or the
product produced on the premises. The sign shall not be lighted
or have flashing objects or banners.
D, The following uses are permitted subject to the approval of a
plot plan pursuant to City adopted environmental review pro-
cedures and requirements. The plot plan approval may include
conditions requiring fencing and landscaping of the parcel to
assure that the use is compatible with the surrounding area.
1. Grange halls.
2, Churches, temples, or other structures used primarily
for religious worship.
3. Private schools
4. Libraries
5. Public utility facilities
6. A permanent stand for the display and sale of the
agriculture product of any permitted use that is
produced upon the premises where such stand is
located or upon. contiguous lands owned or leased
by the owner or occupant of the premises.
7. Mobilehomes, located on a parcel being farmed,
which are occupied by the owner or operator of
the parcel or his employee as one-family resi-
deuces, provided:
a. The mobilehomes are not rented or held out
for lease.
b. The mobilehomes are located not less than
5.0 feet from any property line.
c. The mobulehomes are screened from view from
the front property line by shrubs or trees.
d. The arrangement of the mobilehomes, sanitary
facilities and utilizes conforms with all of
the requirements of the Health Department,
Department of Building and Safety and State Law.
e. The area of the parcel being farmed is not less
than 10 acres gross, or the number of laying
hens in a poultry operation is not less than
15,000 birds.
f. Mobilehomes shall conform to County requirements only
within this zone.
8. Beauty shops.
9. Real estate offices.
E. The following uses are permitted provided a conditional use
permit is granted:
1. Any mining operation which is exempt from the provisions
of the California Surface Mining and Reclamation Act of
1975 and applicable City ordinance.
2. Community auction and sales yards.
3. Dog kennels, commercial..
4. Farm labor camps or employee housing.
5. Feed. Stores.
6. Packaged dry fertilizer storage., not including processing.
7. Menageries.
8. Oil production, not including refining or processing.
9. Mink farms.
10. Fraternal lodge halls.
11. Catteries, commercial.
F. The following uses are permitted provided that the operator
thereof holds a permit to conduct surface mining operations
issued pursuant to Surface Mining and Reclamation Act Ordi-
nance No. 647 which has not been revoked or suspended:
1. Any mining operation that is subject to the California
Surface Mining and Reclamation Act of 1975.
17.13.030 Development Standards
A. Lot size shall not be less than 20,000 square feet, with a
minimum average lot width of 100 feet and a minimum average
lot depth of 150 feet, unless larger minimum lot area and
dimensions are specified for a particular area or use,
except as follows:
1. The uses listed in Section 13.020 (D) (1), (2), (3), (4),
and (,5 ), of this ordinance shall not be required to have
a lot area in excess of 20,000 square feet or an average
lot width in excess of 100 feet, irrespective of the
minimum zone requirements for a particular area.
2. Minimum yard requirements shall be 20 feet front yard,
5 feet side yard, and 10 feet rear yard.
3. One-family residences shall not exceed 35 feet in height.
4. Animals on existing lots less than 100 feet in width.
If the average lot width of an existing lot is less than
100 feet, animals shall be kept a minimum of 100 feet
from the principal street frontage. If such lot is a
corner lot, animals shall also be kept not less than 20
feet from the rear lot line. For purposes of this Section,
the principal street frontage is the street frontage, with
the shortest dimension,
5. Automobile storage space shall be provided as required.
This ordinance shall take effect as provided by law
INTRODUCED AND PASSED UPON FIRST READING this 10th day
of August 1982, upon the following roll call vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH
NOES: NONE
ABSTENTIONS: NONE
ABSENT: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 28th
day of September , 1982, upon the following roll call vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH
NOES: NONE
ABSTENTIONS: NONE
ABSENT: NONE
J hn G.'Unsworth, Mayor
ATTEST:
/~
e o'f~ r~rrington, C y Clerk
ORDINANCE NO. 644
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADDING CHAPTER 17.15 (R-R)
RURAL-RESIDENTIAL DISTRICT, TO THE LAKE
ELSINORE MUNICIPAL CODE, PROVIDING FOR
RURAL-RESIDENTIAL DISTRICT (R-R) ZONE FOR
USE ONLY WITHIN THE AREA DESIGNATED AS
THE GATEWAY ANNEXATION AREA.
THE CITY COUNCIL OF THE CITY OF LAKE. ELSINORE,CALIFORNIA
DOES ORDAIN AS FOLLOWS:
SECTION ONE
There is hereby added to the Lake Elsinore Municipal Code
Chapter 17.15 Rural Residential District and the following sections.
17.15.020 Permitted uses
A. Residential and Light Agricultural Uses.
1. Any use permitted in the A-1 Zone, subject to the conditions
set forth therein, unless hereinafter modified.
2. Mobilehome, used as a one-family residence, subject to
the following conditions:
a: Mobilehomes shall have a floor area of not less
than 450 square feet. Mobilehomes shall conform
to County requirements only within this zone.
b. The area between the ground level and the floor
of a mobilehome shall be screened from view by an
opaque skirt entirely around the mobilehome.
B. The following uses shall be permitted provided approval of plot
plan shall first have been obtained pursuant to City adopted
environmental review procedures and requirements:
1. Fishing lakes, commercial and non-commercial.
2. Guest ranches and motels.
3. Educational institutions, libraries, museums and
post offices.
4. Golf, tennis, polo or country clubs, archery and
golf and driving ranges.
5. Commercial uses for the convience of and incidential
to any of the above permitted uses when located upon
the same lot or parcel of land.
6. Feed and grain sales.
7. Nurseries and garden supply stores.
8. Pet shops and pet supply shops.
9. Real estate offices.
10. Signs, on-site advertising.
11. Arts, crafts and curio shops.
C. Public Utility Uses.
1. Structures and installations necessary to the conservation
.and development of water sucr. as dams, pipelines, water
conduits, tanks, canals, reservoirs, wells and the necessary
pumping and water production facilities.
2. Structures and the pertinent facilities necessary and
incidential to the development and transmission of
electrical power and gas such as hydro-electric power
plants, boosters or conversion plants, transmission lines,
pipelines and the like.
3. Radio broadcasting stations.
4. Telephone transmission lines, telephone. exchanges and
offices.
5. Railroads, including the necessary facilities in connection
therewith.
6. Television broadcasting stations, antennas, and cable
installations, and micro-wave relay stations.
D. The following uses are permitted provided a conditional use
permit has been granted:
1. Airport or landing field.
2. Auto wrecking yards.
3. Any minimg operation which is exempt from the provisions
of the Californis Surface Mining and Reclamation Act of
1975 and Ordinance No. 647 .
4. Cemetery, pet or human.
5. Commercial fairgrounds.
6. Commercial stables and riding academies.
7. Commercial uses, the following:
a. Antique shops
b. Automobile service stations and repair garages.
c. Bakery shops, including baking only when incidential
to retail sales on the premises.
d. Barber-shops and beauty shops.
e. Bars and cocktail lounges.
f. Billiard and pool halls.
g. Cleaning and dyeing shops.
h. Drug stores.
i. Equipment rental service, including rototillers,
power mowers, sanders, power saws, cement and
plaster mixers not exceeding 10 cubic feet in
capacity, and other similar equipment.
j. Food, meat, poultry and produce markets.
k. Frozen food lockers.
1. Hardware stores.
m. Laundries and laundromats.
n. Liquid petroleum service stations, provided
that if storage tanks are .above ground, the
total capacity of all tanks shall not exceed
10,000 gallons. Storage tanks shall be painted
a neutral color and shall not have any adver-
tising painted or placed on their surface.
o. Liquor stores.
p. Parking lots and parking buildings, pursuant to
the provisions of Chapter 17.66 of the Lake
Elsinore Municipal Code.
q. Professional offices.
r. Refreshment stands.
s. Restaurants and other eating establishments.
t. Shoe stores and repair shops.
u. Stations, bus, railroad and taxi.
v. Tire sales and service.
w. Tourist information centers.
x. Underground bulk fuel storage.
y. Auction houses and yards.
8. Dune buggy parks.
9. Fruit and vegetable packing plants and similar uses.
10. Hog ranches, subject to the provisions of Ordinance No. 648
11. Hunting clubs.
12. Lumber production of a commercial nature, including
commercial logging or commercial development of timber
and lumber mills.
13. Machine shops.
14. The manufacture of:
a. Brick, the or terra-cotta.
b. Cement and cement products.
c. Gypsum.
d. Lime or lime products.
15. Menageries, animal hospitals and commercial dog kennels.
16. Migrant agricultural workers mobilehome parks.
17. Pen fed cattle operations, livestock salesyards,
livestock auction yards, and dairy farms.
18. Race tracks, including but not limited to contests
between automobiles, horses, go-carts, and motorcycles,
but not including contests between human beings only.
19. Recreational trailer parks.
20. Rifle, pistol, skeet, or trapshooting ranges.
21. Rodeo arenas.
22. Trail bike parks.
23. Trailer and boat storage.
24. Travel trailer parks.
25. Disposal service operations.
26. Meat cutting and packaging plants, provided there is
no slaughtering of animals or rendering of meat.
27. Mini warehouse structures.
28. Catteries, commercial.
E. The following uses are permitted provided that the operator
thereof holds a permit to conduct surface mining operations
issued pursuant to Ordinance No. 647 , which has not been
revoked or suspended.
1. Any mining operation that is subject to the California
Surface Mining and Reclamation Act of 1975.
17.15.030 Development Standards -Where a structure is erected
or a use is made in the R-R Zone that is first specifically permitted
in another zone classification, such structure or use shall meet the
development standards and regulations of the zone in which such
structure or use is first specifically permitted, unless such re-
quirements are hereafter modified.
A. Structures, other than those permitted within Section 17.68.020,
shall not exceed 35 feet in height.
B. Lot Area. One-half acre, with a minimum average width of 80
feet, including the area to the center of adjacent streets,
shall be the minimum of any lot except as follows:
1. Public Utilities, 20,000 square feet with a minimum
average lot width and depth of 100 feet.
C. Automobile storage space shall be provided as required by
Chapter 17.66 of the Lake Elsinore Municipal Code.
This ordinance shall take effect as provided by law.
INTRODUCED AND :PASSED UPON FIRST READING this ~Oth day of
1982, upon the following roll call vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH
NOES: NONE
ABSTENTIONS: NONE
ABSENT: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 28th
day of Septmeber , 1982, upon the following roll call
vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH
NOES : NONE
ABSTENTIONS: NONE
ABSENT: NONE
ohn G. Unsworth, Mayor
ATTEST:
Deborah Harrington, Cit Clerk
ORDINANCE NO. 645
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI-
FORNIA, ADDING CHAPTER 17.18, (R-1-G) ONE-FAMILY
DWELLINGS DISTRICT, TO THE LAKE ELSINORE MUNICI-
PAL CODE, PROVIDING FOR A ONE-FAMILY DWELLING
DISTRICT (R-1-G) ZONE FOR USE ONLY WITHIN THE
AREA DESIGNATED AS THE GATEWAY ANNEXATION AREA.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION ONE.
There is hereby added to the Lake Elsinore Municipal Code
Chapter 17.18, One-Family Dwelling District, and the following
sections for use only within the Gateway Annexation Area:
17.18.020 Permitted Uses.
A. The following uses shall be permitted in the R-1-G
Zones:
1. One-family dwellings.
2. Field crops, flower and vegetable gardening, tree
crops, and greenhouses used only for purposes of
propagation and culture, including the sale there-
of from the premises and one (1) unlighted sign
that does not exceed two (2) square feet in size
pertaining to sale of the products.
3. The noncommercial keeping of horses on lots not
less than 20,000 square feet in area and 100 feet
in width, provided they are kept not less than
100 feet from any street and 20 feet from any pro-
perty line. A maximum of two (2) horses per 20,000
square feet and, in any event, not more than four
(4) horses on a lot will be permitted. If a lot
is one (1) acre or more in area, poultry and
rabbits may be kept for the use of the occupants
of the premises only. The poultry and rabbits
shall be kept in an enclosed area located not less
than 50 feet from any residence and shall be main-
tained on the rear portion of the lot in conjunc-
tion with a residential use. If a lot is two (2)
acres or more in area, two (2) sheep or goats or
combination thereof may be kept in addition there-
to, provided they are kept not less than 100 feet
from any street, 20 feet from any property line
and 50 feet from any residence.
4. Public parks and public playgrounds, golf courses
with standard length fairways, and country clubs.
5. Home occupations.
B. The following uses are permitted provided a plot plan
has been approved .pursuant to City adopted environ-
mental review .procedures and requirements and other
applicable sections as individually noted:
1. Beauty shops operated from a home by its inhabi-
tants where no assistants are employed and the
on-site sign is unlighted and does not exceed
two (2) square feet in area (Home Occupation
Permit).
2. Temporary real estate tract offices located with-
in a subdivision, to be used only for and during
the original sale of the subdivision, but not to
exceed a period of two (2) years in any event
(Conditional Use Permit, if a trailer, trailer
home, mobile home, or similar structure).
3. Nurseries, horticultural.
C. The following uses are permitted provided a conditional
use permit has been granted pursuant to the provisions
of Chapter 17.76:
1. Planned residential developments.
17.18.030 Development Standards. The following standards
of development shall apply in the R-1-G Zones:
A. Building height shall not exceed two (2) stories, with
a maximum height of 35 feet.
B. Lot area shall be not less than 7200 square feet. The
minimum lot area shall be determined by excluding that
portion of a lot that is used solely for access to the
portion of a lot used as a building site.
-2-
C. The minimum average width of that portion of a lot to
be used as a building. site shall be 60 feet with a
minimum average depth of 100 feet. That portion of a
lot used for access on "flag" lots shall have a minimum
width of 20 feet.
D. The minimum frontage of a lot shall be 60 feet, except
that lots fronting on knuckles or cul-de-sacs may have
a minimum frontage of 35 feet.
E. Minimum yard requirements are as follows:
1. The front-yard shall be not less than 20 feet,
measured from the existing street line or from
any future street line as shown on any Specific
Plan of Highways, whichever is nearer the pro-
posed structure.
2. Side yards on interior and .through lots shall be
not less than ten (10) percent of the width of the
lot, but not less than three (3) feet in width in
any event, and need not exceed a width of five (5)
feet. Side yards on corner and reversed corner
lots shall be not less than ten (10) feet from the
existing street line or from any future street line
as shown on any Specific Plan of Highways, whichever
is nearer the proposed structure, upon which the
main building sides, except that where the lot is
less than 50 feet wide the yard need not exceed
20 percent of the width of the lot.
3. The rear yard shall not be less than ten (10) feet.
F. Automobile storage space shall be provided as required
by Chapter 17.66 of the Lake Elsinore .Municipal Code.
SECTION TWO.
This ordinance shall take effect as provided by law.
INTRODUCED AND PASSED UPON FIRST READING THIS 10TH DAY OF
AUGUST, 1982, upon the following roll call vote:
-3-
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH
NOES : NONE
ABSENT: NONE
ABSTENTIONS: NONE
PASSED, APPROVED, AND ADOPTED UPON SECOND READING THIS
28th day of Septsmber,l982, upon the following roll call vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNS6JORTH
NOES : NONE
ABSENT: NONE
ABSTENTIONS: NONE
,~~
John G. Unsworth, Mayor
ATTEST:
Deborah Hawing on, C y Clerk
(SEAL)
-4-
ORDINANCE N0. 646
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI-
FORNIA, ADDING CHAPTER 17.51, (C-P-S) SCENIC HIGH-
WAY COMMERCIAL DISTRICT, TO THE LAKE ELSINORE
MUNICIPAL CODE, PROVIDING FOR A SCENIC HIGHWAY
COMMERCIAL DISTRICT (C-P-S) ZONE FOR USE ONLY WITH-
IN THE AREA DESIGNATED AS THE GATEWAY ANNEXATION
AREA.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION ONE.
There is hereby added to the Lake Elsinore Municipal Code
Chapter 17.51, Scenic Highway Commercial District, and the follow-
ing sections for use .only within the Gateway Annexation Area:
17.51.020 Permitted Uses.
A. The following uses are permitted within all C-P-S
Zones only in enclosed buildings with not more than
200 square feet of outside storage or display of
materials appurtenant to such use, provided a plot
plan shall have been approved pursuant to City adopted
environmental review procedures and requirements and
other applicable sections as individually noted.
1. Ambulance services
2. Antique shops
3. Appliance stores, household
4. Art supply shops and studios
5. Auditoriums and conference rooms
6. Automobile parts and supply stores
7. Bakery goods distributors
8. Bakery shops, including baking only when inci-
dental to retail sales on the premises
9. Banks and financial institutions
10. Barber and beauty shops
11. Bars and cocktail lounges
12. Bicycle sales and rentals
13. Billiard and pool halls
14. Blueprint and duplicating services
15. Book stores and binders
16. Bowling alleys
17. Catering services
18. Ceramic sales and manufacturing for on-site sales,
provided the total volume of kiln space does not
exceed sixteen (16) cubic feet
19. Cleaning and dyeing shops
20. Clothing stores
21. Confectionery or candy stores
22. Costume design studios
23. Dance halls
24. Delicatessens
25. Department stores
26. Drug stores
27. Dry goods stores
28. Electrical substations
29. Employment agencies
30. Escort bureaus
31. Feed and grain sales
32. Fishing and casting pools
33. Florist shops
34. Food markets and frozen food lockers
35. Gift shops
36. Hardware stores
37. Household goods sales and repair, including but
not limited to, new and used appliances, furni-
ture, carpets, draperies, lamps, radios, and
television sets, including repair thereof
38. Hobby shops
39. Ice cream shops
40. Ice sales, not including ice plants
41: Interior decorating shops
42. Jewelry stores with incidental repairs
43. Labor temples
44. Laboratories, film, dental, medical, research or
testing
45. Laundries and laundromats
46. Leather goods stores
47. Liquor stores
48. Locksmith shops
49. Mail order businesses
50. Manufacturer's agent
51. Market, food, wholesale or jobber
52. Massage parlors, turkish baths, health centers
and similar personal service establishments
53. Meat markets, not including slaughtering
54. Mimeographing and addressograph services
55. Mobilehomes, provided they are kept mobile, obtain
a conditional use permit, and licensed pursuant to
state law, used for:
a. Construction offices and caretaker's quarters
on construction sites for the duration of a
valid building permit, providing they are in-
conspicuously located
b. Agricultural worker employment offices for a
maximum of 90 days in any calendar year
c. Caretakers or watchmen and their families
provided no rent is paid, where a permitted
and .existing commercial use is established.
Not more than one (1) mobilehome shall be
allowed for a parcel of land or a shopping
center complex.
56. Music stores
57. News stores
58. Notions or novelty stores
59. Nurseries and garden supply stores
60. Offices, business
61. One on-site operator's residence
62. Paint and wall paper stores, not including paint
contractors
63. Parking lots and parking structures
64. Pawn shops
65. Pet shops and pet supply shops
66. Photography shops and studios and photo engraving
67. Plumbing shops, not including plumbing contractors
68. Poultry markets, not including slaughtering or
live sales
69. Printers or publishers
70. Produce markets
71. Radio and television broadcasting studios
-2-
72. Recording studios
73. Refreshment stands
74. Restaurants and other eating establishments
75. Schools, business and professional, including
art, barber, beauty, dance, drama, music and
swimming
76. Shoe stores and .repair shops
77. Shoeshine stands
78. Signs, on-site advertising
79. Sporting goods stores
80. Stained glass assembly
81. Stationery stores
82. Stations, bus, railroad and taxi
83. Taxidermist
84. Tailor shops
85. Telephone exchanges
86. Theaters, not including drive-ins
87. Tobacco shops
88. Tourist information centers
89. Toy shops
90. Travel agencies
91. Typewriter sales and rental and incidental repairs
92. Watch .repair shops
93. Wedding chapels
94. Wholesale businesses with samples on the premises,
but not to include storage
95. Gasoline service stations
96. Golf cart sales and service
97. Hotels, resort hotels and motels
B. Uses permitted by Conditional Exception Permit (Use
Permit). The following uses are permitted provided a
conditional exception permit has been granted pursuant
to the provisions of Chapter 17.76 of the Lake Elsinore
Municipal Code:
1. Automobile repair garages, body shops, spray
painting shops.
2. Automobile sales and rental agencies
3. Boat sales, rentals and services
4. Car washes
5. Drive-in theaters
6. Equipment rental services, including rototillers,
power mowers, sanders, power saws, cement and
plaster mixers not exceeding 20 cubic feet in
capacity and other similar equipment
7. Heliports
8. Liquid petroleum service stations, provided the
total capacity of all tanks shall not exceed
10,000 gallons
9. Mortuaries
10. Sale, rental, repair, or demonstration of motor-
cycles, scooters,. or motorbikes of two horse-
power or greater
11. Animal hospitals
12. Sports and recreational facilities, not including
motor-driven vehicles and riding academies, but
including archery ranges, athletic fields, beaches,
golf driving ranges, gymnasiums, miniature golf,
parks, playgrounds, sports arenas, skating rinks,
stadiums, and commercial swimming pools
13. Tire recapping
14. Tire sales and services, not including recapping
15. Trailer and boat storage
16. Travel trailers, mobilehomes and recreational
vehicles sales and service
_~_
17, Truck sales and services
18. Trucks and trailers; the rental of trucks not
over 19,500 pounds gross weight, with body not
to exceed 22 feet in length from the back of the
cab to the end of the body; and the rental of
trailers not exceeding 6 feet in width or 22 feet
in length
19. Underground bulk fuel storage
20. Mini warehouse structures
21. All uses permitted in subsection (A) that have
more than 200 square feet of outside storage
of display of materials
C. Accessory Uses Permitted.. An accessory use to a per-
mitted use is allowed, provided the accessory use is
established on the same lot or parcel of land, and is
incidental to, and consistent with the character of the
permitted principal use, including but not limited to:
1. Limited manufacturing, fabricating, processing,
packaging, treating and incidental storage related
thereto, provided any such activity shall be in the
same line of merchandise or service as the trade or
service business conducted on the premises and pro-
viding any such related activity does not exceed
any of the following restrictions:
a. The maximum .gross floor area of the building
permitted to be devoted to such accessory use
shall be 25 percent.
b. The maximum total horsepower of all electric
motors used in connection with such accessory
use shall be 5 horsepower.
c. The accessory use shall be so conducted that
noise, vibration, dust, odor, and all other
objectionable factors shall be reduced to the
extent that there will be no annoyance to per-
sons outside the premises. Such accessory use
shall be located not nearer than 500 feet to
any residential zone.
d. Accessory uses shall be conducted wholly within
a completely enclosed building.
17.51,030 Planned Commercial Development.
Planned Commercial Developments are permitted provided a
-4-
land division is approved pursuant to the provisions of
Chapter 17.52.
17.51.040 Commercial Specific Plan Required.
A. Notwithstanding any other provisions of this Article,
no commercial kuilding or use shall be constructed on
a parcel that is 15 acres in size or greater, and no
permits or approvals shall be issued by any department
for such construction, unless the applicant has applied
for, and received final approval of, a Commercial Speci-
fic Plan pursuant to the provisions of Government Code
Section 65450. A proposed commercial use shall not be
broken into smaller units to avoid the requirement to
file an application for a Commercial Specific Plan,
and an application for a plot plan may be denied on the
basis that it is part of a larger commercial proposal
that requires the applicant to file an application for
a specific plan.
B. A Commercial Specific Plan shall comply with all the
standards required for approval of a commercial plot
plan. In addition thereto, no Commercial Specific Plan
shall be approved unless it is found that there will be
no adverse effect upon the public health, safety, and
welfare of the general community, including such factors
as the availability of employees and affordable housing
for such employees and a demonstrated .need for a com-
mercial center. The following additional standards of
development shall apply to those projects subject to the
Commercial Specific Plan requirement:
1. A minimum 15 percent of the site shall be land-
scaped and automatic irrigation shall be installed.
2. A minimum 50-foot building setback shall be required
on any boundary where the commercial property abuts
a residential zoned property. Twenty (20) feet of
the setback shall be landscaped unless a tree screen
is included, wherein the landscaping may be reduced
-5-
to ten (10) feet. The balance of the setback may
be used for automobile parking, driveways or land-
scaping. Block walls, or other appropriate fencing,
may also be required.
- 3. All outside storage, and all trash, loading and
service areas, shall be screened by structures
or landscaping .and located to minimize noise or
odor nuisance.
C. Whenever a comprehensive Commercial Specific Plan or
phase thereof has been approved and is in effect, the
requirement for a subsequent plot plan or conditional
use permit for certain uses may be modified or waived.
This determination shall be made as part of the approval
of a specific plan, provided that a detailed site plan
and all required development standards are included as
a part of the final approval of a specific plan.
D. The requirement for a Commercial Specific Plan may be
waived by the Planning Commission upon a finding by
the Commission that the proposed commercial use con-
sists of infilling of an existing commercial area. An
application to waive a Commercial Specific Plan shall
be made in writing to the Planning Director, prior to
filing an application for a specific plan, stating
fully the reasons therefor and accompanied by the
required fee. The application shall be placed on the
regular agenda of the Planning Commission as a discus-
sion matter for the determination of the Commission.
If the Commission approves the waiver, the applicant
shall be permitted to file an application for any
required plot plan, conditional use permit or land
division.
17.51.050 Development Standards. The following shall be
the standards of development. in the C-P-S Zones:
A. There is no minimum lot area requirement, unless speci-
fically required by zone classification for a particular
area.
-6-
B. There are no yard requirements for buildings which do
not exceed 35 feet in height, except as required for
specific plans. Any portion of a building which ex-
ceeds 35 feet in height shall be set back from the
front, rear and side-lot lines not less than two (2)
feet for each foot by which the height exceeds 35 feet.
The front setback shall be measured from the existing
street line unless a specific plan has been adopted in
which case it will be measured from the specific plan
street line. The rear setback shall be measured from
the existing rear lot line or from any recorded alley
or easemeht; if the rear line adjoins a street, the
rear setback requirement shall be the same as required
for a front setback. Each side setback shall be
measured from the side lot line or from an existing
adjacent street line unless a specific plan has been
adopted in which case it will be measured from the
specific plan street line.
C. All buildings and structures shall not exceed thirty-
five (35) feet in height.
D. Automobile storage space shall be provided as required
by Chapter 17,66 of the Lake Elsinore Municipal Code.
E. All roof mounted mechanical equipment shall be
screened from the ground .elevation view by a minimum
sight distance of 1,320 feet.
SECTION TWO.
This ordinance shall take effect as provided by law.
INTRODUCED AND PASSED UPON FIRST READING THIS 10TH DAY OF
AUGUST, 1982, upon the following. roll call vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UPJSWORTN
NOES: NONE
ABSENT: NONE
ABSTENTTONS: NONE
-~-
PASSED, APPROVED, AND ADOPTED UPON SECOND READING THIS
28_TH DAY OF September, 1982, upon the following roll call vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH
NOES : NONE
ABSENT; NONE
ABSTENTIONS: NONE
~JOhn G. Unsworth, Mayor
ATTEST:
~ // ~
Deborah Harrington, Ci y Clerk
(SEAL)
-$-
ORDINANCE N0. 647
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF LAKE ELSINORE,
CALIFORNIA IMPLEMENTING THE SUR-
FACE MINING AND RECLAMATION ACT
OF 1975
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
The City Council of the City of Lake Elsinore, California
does ordain as follows:
Section One
The City Council hereby finds and declares that the
extraction of minerals is essential to the continued
economic well being of the City of Lake Elsinore and
that it is the purpose and intent of this ordinance
to regulate all surface mining operations in the in-
corporated area of the City of Lake Elsinore as
authorized by the California Surface P4ining and Re-
clamation Act of 1975 (Public Resources Code, Section
2710 et seq) to ensure that:
(.a) The reclamation of mined lands will be carried
out in such a way that the :continued mining of
minerals will be permitted, and;
(b) The adverse effects of surface mining operations
will be prevented or minimized and that mined
lands will be reclaimed. to a useable condition
which is readily adaptable for alternative land
use, and;
(c) The production and conservation of minerals will
be encouraged while giving consideration to
values relating to recreation, watershed, wild-
life, range and forage, and aesthetic enjoyment,
and the residual hazards to the public health
and safety will be eliminated.
Section Two
The provisions of this ordinance do not apply to:
(a) Excavations or grading. conducted for farming or
on-site construction or for the purpose of re-
storing land following a flood or natural dis-
aster.
(b) Prospecting for., or the extraction of, minerals
for commercial purposes and the removal of over-
. burden, in total amounts of less than 1,000
cubic yards in any one location. This exemption
shall not apply to any single excavation which
is greater than one acre in size.
(c) Surface mining operations that are required by
federal law in order to protect a mining claim,
if such operations are conducted solely for
that purpose.
(d) Such other surface mining operations which the
State Mining and Geology Board finds are exempt
from the provisions of the California Surface
Mining and Reclamation Act of 1975 because they
are of an infrequent nature and. involve only
minor surface distrubances.
Section Three
1(
1]
1`<
1~
1~
1'
.
iE
i.
if
1S
2(
2i
2;
2i
2<
2:
21
2'.
21
2!
31
3:
3:
Unless exempted by the provisions of Section 2 or
Section 12, no persons, firm, corporation or private
association shall conduct surface mining operations
in the incorporated area of the City of Lake Elsinore
without first obtaining a permit to do so.
Section Four
(a) All applications for a permit shall include a
mining plan and a reclamation plan, shall be
on forms provided by the Planning Department,
shall be accompanied by a filing fee of $400,
and shall be filed with the Planning Director.
The application shall provide all information
and data required by Section 2772 of the
Public Resources Code and such additional in-
formation as may be reasonably required by the
Planning Director. No application shall be
accepted as completed for filing and the time
limitations for processing a permit shall not
begin'to run until all procedures under the
Caifornia Environmental Quality Act and the
Riverside County Rules to implement CEQA have
been completed.
(b) The Planning Director shall notify the State
Geologist of the filing of each application
for a permit.
(c) Upon completion of all procedure for review
of an application., including notification of
the State Geologist, a public hearing will be
held before the County Planning Commission as
hereinafter provided.
Section Five
The mining plan shall, to the extent practicable,
contain at least the following:
(a) Indicate the progression of all operations of
the facility indicating time frames for each
phase and the estimated life of the-operation.
(b) Show the location of equipment, stockpiles,
settling ponds, interim drainage, machinery
and wasted~imps, and areas to be mined;
(c) Indicate the progression of stripping and
excavating through the use of cross sections,
elevations and topographic maps;
(d) Indicate the time log between mining and
reclamation and equipment siting and removal
and/or relocation;
(e) Discuss the method of handling simultaneous
excavation and reclamation if applicable;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
(f) Show the location of all streams, roads,
railroads, sewage disposal systems, waterwells,
and utility facilities within 500 feet of the
site and the location of all proposed access
roads to be constructed in conducting the sur-
face mining operation, and;
(g) Indicate the type of and amount of mineral
commodities to be removed, the amount of
waste materials to be retained on the site
and the amount of waste materials to be dis-
posed off site including the method and location
of disposal of solid waste materials.
Section Six
The reclamation plan. shall, in addition to all other
requirements:
(a) Indicate the method to be used to reclaim the
land including a detailed schedule of the
sequence and timing of all stages of the re-
clamation;
(b) Describe the physical condition of the site
upon the completion of all reclamation in-
cluding the proposed uses of potential uses
of the reclaimed site;
(c) Contain a map which will delineate through the
use of cross sections and elevations the
physical characteristics of the land upon the
conclusion of reclamation. A topographic map
shall also be provided .with the location of
the reclaimed land clearly indicated on said
map;
(d) Describe the manner in which derelict machinery,
waste materials and scraps will be removed from
the reclaimed site and how contaminants will be
controlled;
(e) Describe the methods to be used to ensure that
the site will contain stable waste piles and
slopes;
(f) Describe how reclamation of this site may affect
the future use of the area for mining purposes;
(g) Show that the proposed site in its final form
shall be to the extent reasonable and practical,
revegetated for soil stabilization, free of
drainage and erosion problems, coordinated with
present and anticipated future land use, and
compatible with the topography and general
environment of surrounding property.
Section Seven
Public hearing to consider the granting, suspension
or revocation of a permit shall be in accordance with
the following procedures:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
(a) Not less than 10 days prior to the date set
for hearing, the Planning Director shall cause
notice of the hearing to be published, once,
in a newspaper of general circulation, published
and circulated. in the County. The notice shall
state the time and place of the hearing and .shall
include a general description of the area and
mining operation being considered and shall in-
clude a general explanation of the matter that is
to be considered at the hearing.;
(b) At the time set for the public hearing the Plann-
ing Commission shall hear relevant .testimony from
interested persons and, within a reasonable time
after the close of the hearing, shall make its
decision provided, however, that an application
for a permit shall not be granted unless that
permit is expressly subject to such conditions
as are necessary to protect the health, safety
or .general welfare of the community. The decision
of the Planning Commission and the reasons for
the decision shall be reduced to writing and the
Planning Director shall mail a copy .thereof to the
applicant and to any person who has made a written
request for a copy of the decision;
(c) The decision of the Planning Commission shall be
final unless,. within 10 calendar. days after the
date of the mailing of the decision by the Plann-
ing Director, the applicant or any interested
person appeals in writing to the City Council.
An appeal shall be in writing on the
form supplied by the Planning Department, shall
specify the basis of the appeal, shall be ac-
companied by a filing fee of $25 and shall be
filed. with the City Clerk within the 10 day
period.
(d) Upon receipt of a completed appeal, the City
Clerk shall set the matter for public hearing
before the _City Council_not less than "~`
10 nor more than 60 days thereafter and shall
give notice of the hearing in the same manner as
was given for hearing before the Planning Com-
mission, except .that the City Clerk shall also
mail or deliver a copy of the notice to the
Planning Director and the appellant and the ap-
p7icant for the permit if he is not the appellant.
The decision'of the City Council affirming,
modifying or reversing the decision of the Plann-
ing Commission shall be rendered within a reason-
able time after closing the public hearing and.
shall.be-final.
Section Eight
As a condition of each permit,. periodic inspections and
reports of reclamation activities shall be required of
the permittee as follows:
(a) The permittee shall apply for a Special Inspec-
tion Permit from the Building Director, which
1
2
3
4
5
6
7
8
9
10
it
12
13
14
15
16
17
18
19
20
21
22
23
24
25
27
28
29
30
31
32
shall be accompanied by a filing fee of $75.00,
at least 15 days before the conclusion of each
stage of reclamation. The application shall
include a written report which specifies how
the reclamation at the site conforms or deviates
from the reclamation plan;
(b) The Building Director shall inspect the site
within 30 days of receipt of the written report
and application for a Special Inspection Permit
from the permittee. Failure to inspect within
30 days shall be deemed acceptance of the report
and compliance with the reclamation plan;
(c) Unless modified by the Planning Commission or
City Council at the time of the granting of a
permit pursuant to this ordinance each permittee
shall apply for a Special Inspection Permit from
the Building Director at least once in each
calendar year,. provided, however, that this sub-
section shall not be construed to require more
than one inspection per year per permit unless
additional yearly inspections are required as a
condition of the granting of a permit.
Section Nine
All applicants,. as a condition of approval of the per-
mit, shall be required to execute an agreement to com-
plete the work outlined in the reclamation plan within
the time limits of said plan.
Section Ten
(a) If, after conducting the inspections required
by Section 8, the Building Director finds that
the reclamation plan is not being followed and
completed as approved, the mining. operator shall
be so notified and given a reasonable time to
comply with the reclamation plan, not to exceed
90 days. If at the end of this period of time,
the reclamation plan is still not being followed
and completed as approved, the Building Director
shall notify the Planning Director of that fact.
Thereupon,.. the Planning Director shall notify
the mining operator involved and set the matter
for public hearing before the Planning .Commission
in accordance with the procedures set out in
Section 7 of this ordinance.
(b) At the hearing the Planning Commission shall
determine whether or not the mining operator is
complying with the reclamation plan. If it is
found that the operator is not in compliance,
the Commission shall determine if the permit
shall be revoked or merely suspended until the
operator files a revised reclamation plan with
the Planning Director and whether said plan must
be accompanied by bonds or liens of the type
hereinafter described to ensure compliance with
the revised reclamation plan. The decision of
1',
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29
30
31
32
the Planning Commission may be appealed to the
City Council.
(c) No revised reclamation plan prepared pursuant to
this section shall be acceptable unless it is so
structured that the goals of the original reclama-
tion plan will be met within a reasonable period
of time.
(d) Unless otherwise directed by the Planning Com-
mission or the City Council, a reclama--
tion plan prepared pursuant to this section shall
not be accepted by the Planning Director unless
it is accompanied by a valid, recordable lien in
the amount of the cost of the reclamation ordered
by the plan which lien shall be enforceable
against the property covered by the revised plan.
The lien shall not be released or reduced until
the revised reclamation plan has been satisfactorily
completed.
In lieu of alien, the mining operator may post
a security bond in the amount of the cost of the
first stage of the revised reclamation plan with
the Planning Director. The bond may be (a) a
bond or bonds by one or more duly authorized
corporate sureties, or (b) a deposit of money or
negotiable bonds of the kind approved for secur-
ing deposits of public monies, or (c) an instru-
ment of credit from one or more financial insti-
tutions subject to regulations by the state or
federal government and pledging that the funds
necessary to carry out the plan are on deposit
and guaranteed for payment. Upon the completion
of one stage of the revised reclamation plan,-.the
security bond covering that stage shall be released
upon the filing of an additional security bond
covering the cost of the succeeding stage of the
revised plan.
Section Eleven
Any permit that is granted shall be used within three
years, from the effective date thereof, or within the
time limit that is set in the conditions of approval,
which shall not exceed five years; otherwise, such
permit shall be null and void. The term "use" shall
mean the beginning of a substantial surface mining
operation that is authorized, which mining operation
must thereafter be pursued diligently to completion.
Section Twelve
No person who has obtained a vested right to conduct
surface mining operations prior to January 1, 1976,
shall be required to secure a permit pursuant to the
provisions of this ordinance as long as such vested
right continues. and no substantial change is made in
that operation. A person shall be deemed to have
such vested rights if, prior to January 1, 1976, he
has, in good faith and in reliance upon a permit or
other authorization, if such permit or other authori-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
211
231
27
28
29
30
31
32
zations was required, diligently commenced surface mining
operations and incurred substantial liabilities for
work and materials necessary therefor. Expenses in-
curred in obtaining the enactment of an ordinance in
relation to a particular operation or the issuance of a
permit shall not be deemed liabilities for work or
materials. Any substantial change in the surface mining
operation subsequent to January 1, 1976, shall require
the granting of a permit pursuant to this ordinance. A
person who has obtained a vested right to conduct sur-
face mining operations prior to January 1, 1976 shall,
within a reasonable period of time, submit to the Plann-
ing Department for approval by the Planning Director, a
reclamation plan for vested operations that are conducted
after January 1, 1976, and shall apply for a Special
Inspection Permit from the Building Director in the same
manner and with the same frequency as those mining
operators required to obtain a permit pursuant to this
ordinance before commencing or expanding their operation.
Nothing in this ordinance shall be construed as requiring
the filing of a reclamation plan for, or the reclamation
of, mined lands on which surface mining operations were
conducted prior to, but not after, January 1, 1976.
Section Thirteen
An approved reclamation plan may be amended at any time.
All proposed amendments of an approved reclamation plan
shall be on forms provided by the Planning Department
and shall be heard and processed in the same manner as
an application for a permit.
Section Fourteen
Whenever any surface mining operation or portion of an
operation subject to this ordinance is sold, assigned,
conveyed, exchanged, or otherwise transferred, the
successor in interest shall be bound by the provisions
of any reclamation plan approved pursuant to the pro-
visions of this ordinance.
Section Fifteen
If any .section, subsection, paragraph, sentence, clause
or phrase of this ordinance is for any reason held to
be invalid or unconstitutional, such invalidity or un-
constitutionality shall not affect the validity or
constitutionality of the remaining portions of this
ordinance, it being expressly declared that this ordi-
nance and each section, subsection, paragraph, sentence,
clause and phrase thereof would have been adopted,
irrespective of the fact that one or more other section,
subsection, paragraph, sentence, clause or phrase be
declared invalid or unconstitutional.
This ordinance shall take effect as provided by law.
INTRODUCED AND. PASSED UPON FIRST READING this 10th
day of AUGUST , 1982, upon the follow-
ing roll call vote:
.,
n
h
1G
11
12
13
19
15
lE
li
]E
if
2C
2]
2~
~~
L~
29
25
2f
2.
2E
2~
3(
3l
3~
AYES:
NOES:
ABSTENTIONS:
ABSENT:
KNIGHT, MACMURRAY, TORN, UALENZUELA, UNSWORTH
NONE
NONE
NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
28th day of September 1982,
upon the following roll call vote:
AYES: KNIGHT, MACMURRAY, TORPJ, UALENZUELA, UNSbJORTH
NOES : NONE
ABSTENTIONS : NOPJE
ABSENT: NONE
John G. Unsworth, Mayor
ATTEST:
~f~~ .r'//J~ ~ iYX!
Deborah Harrington, City Clerk
(SEAL)
ORDINANCE N0. 648
1
2
3
4
5'
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI-
FORNIA, REGULATING AND CONTROLLING THE LOCATION
AND OPERATION OF HOG. RANCHES AND PROVIDING FOR
THE ISSUANCE OF PERMITS FOR SUCH BUSINESSES
WITHIN THE GATEWAY ANNEXATION AREA, AND PROVID-
ING FOR PENALTIES FOR THE VIOLATION THEREOF.
The City Council of the-City of Lake Elsinore, Cali-
fornia, does ordain as follows:
SECTION ONE:
For the purposes of this ordinance, the following words
and phrases are defined and shall be construed as having the
following meanings:
a. GARBAGE: The word garbage shall mean all animal
or vegetable refuse or residue from kitchens, can-
neries, bakeries, restaurants, lunch stands, dis-
tilleries, wineries, meat, fish, fruit or vegetable
markets and other similar food handling places, and
all household waste or residue that shall result
from the preparation or care for, or treatment of,
food stuffs intended to be used as food, or shall
have Yesulted from the preparation or handling of
food for human consumption, or any decayed or
unsound meat, fish, fruit or vegetables.
b. COMMERCIAL GARBAGE: The phrase commercial garbage
shall mean any and all garbage other than garbage
produced incidentally upon the premises covered by
permit.
c. COMMERCIAL HOG RANCH: The term "commercial hog
ranch" for the purposes of this ordinance shall
mean any premises where not less than two hogs and
not more than 3.,000 hogs are maintained, raised,
fed or fattened on commercial garbage.
SECTION TWO:
When computing the number of hogs for the purposes of
this ordinance, or any permit issued hereunder, all hogs shall
1
2
3
4
5
6~
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 I
23'
24
25
26
27
28
29
30
31
32
be counted except unweaned pigs.
SECTION THREE:
It shall constitute a public nuisance and be unlawful
for any person, firm or corporation to engage in, conduct, manage
or carry on a commercial hog ranch, or use any property in the
City .of Lake Elsinore for the maintaining, feeding, fattening
or raising of more than one (1) hog fed on commercial garbage,
unless such an activity is operated in strict compliance with the
terms of this ordinance and the conditions of a permit procured
from the City Council of the City of Lake Elsinore, as herein
provided.
The County Health Officer is hereby charged with the
responsibility of enforcing this section and of making such
inspections and taking such actions as are necessary to insure
compliance with the terms of this ordinance and all conditions
of commercial hog ranch permits issued by the City of Lake
Elsinore. Any infraction of said ordinance or permits shall be
reported in writing to the City Council who shall revoke the
violator's permit or take such other action as it deems necessary.
This penalty is in addition to those provided in Section 13
hereof.
SECTION FOUR:
Any person, firm or corporation desiring or proposing
to engage in the commercial hog ranch business within the Gateway
Annexation Area shall make written application to the Planning
Commission of .Lake Elsinore for a permit to do so. Such applica-
tion sha31 be accompanied by the application fee required in
Section .9 hereof;..-provided, however, that no permit shall be
granted for a commercial.hog-ranch having more than 3,000:hogs.
Each application shall be accompanied by an affidavit of the
owner or his authorized agent, stating the following:
a. The name and address of the owner of the property.
-2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 'i
231
24
25
26
27
28
29
30
31
32
b. The acreage of the property;
c. The legal description of the property;
d. The name and address of the proposed operator or
operators of the commercial hog ranch, and, if a
corporation, the names and addresses of the
directors and officers thereof;
e. An affidavit of the proposed operator of the
commercial hog ranch which affidavit shall set
forth:
1. The maximum number of hogs which the applicant
proposes to maintain, .raise, feed or fatten on
said ranch;
2. The type of feed to be used; if commercial
garbage or garbage and whether or not the same
will be cooked in accordance with rules and
regulations of the Department of Agriculture,
State of California;
3. The source or sources and estimated quantity
of garbage and offal to be fed daily;
4. A plot plan showing the premises described in
the application, said plan to designate clearly
the specific portions of the premises which will
be used for the operation of the com-nercial hog
ranch, the proposed location of all buildings,
structures, pens, food containers, feeding
devices, fences and drainage installations;
5. A statement of the medhod of waste disposal
that will be employed and information concern-
ing the character of the soil;
6. A statement that the premises described in the
application which are to be used for the oper-
ation of the commercial hog ranch, are not
-3-
1
2
3
4
5
6
7
8
9
10~
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
'u0
31
32
within two (2) miles of any public school,
public park, the boundaries of any munici-
pality in Riverside County, or any then exist-
ing residential subdivision under private deed
restrictions; or within one (1) mile of any
occupied dwelling house not on said premises;
or within 2,000 feet of any county or state
highway; or within two (2) miles of any duly
permitted or existing commercial hog ranch,
provided, however, that facts inconsistent
with the foregoing may be set out if accom-
panied with affiant's statement of the circum-
stances which he believes justifies the issu-
ance of the permit notwithstanding the incon-
sistency.
7. A statement to the effect that the premises
on which the commercial hog :ranch is to be
operated are so zoned under the Zoning Ordi-
nance of the City of Lake Elsinore as to permit
the type of desired operation.
SECTION FIVE:
Upon receipt of an applicatiol~ for the maintenance and
operation of a commercial hog ranch and .the two (2) affidavits
required by this ordinance, the Planning Commission shall cause
the statements as presehted to be forthwith investigated and,
if the statements are verified as presented, the Planning Commis-
sion shall set a date for public hearing thereon, which date
shall be not less than 15 nor more than 45 days from the receipt
of the application. Not less than 10 days prior to the date of
said hearing, the Planning Commission shall cause notice of said
hearing to be given in the community or district in which the
commercial hog ranch is proposed by causing to be published,
-4-
1 once, in a newspaper of general circulation in the City, a notice
2 setting forth the fact that a commercial hog ranch is proposed
3 to be located on property which is to be generally described in
4 the notice, together with a statement of the time and place of
5 the Public Hearing and a statement that the legal description of
6 the proposed premises is on file in the Planning Commission Office
7 130 South Main Street, Lake Elsinore, California 92330. Further
8 notice of the public hearing shall be given by posting not less
9 than ten days prior to the date of public hearing, at least two
10 (2) signs headed by the words "Proposed Commercial Hog Ranch" in
11 letters not less than two (2) inches in height, along or upon
12 and visible from the state or county highway or City street
13 nearest the premises to which the application refers, specifying
14 the general location of the proposed commercial hog ranch and the
15 time and place of the public hearing upon the application. Also,
16 cause a post card notice to be mailed to the owners of all pro-
17 perty within a distance of 500 feet from the exterior boundaries
18 of the premises involved in the application, and to the owners
19 of such other property as in the judgment of the Commission might
20 be affected by the establishment of_ the use requested. The Owner
21 shall be determined by reference to the latest assessment roll of
22 the County for the purpose of sending notices.
23 SECTION SIX:
24 Within not more than seven (7) days after the filing
25 of the application, notice of the filing thereof shall be given
26 to the Riverside County Health Officer and Riverside County Live-
27 stock Inspector each of whom shall make such investigations as he
28 feels necessary and each shall report to the Planning Commission
29 in writing on or before the date of the public hearing, whether,
~~ in his opinion, the commercial hog ranch will or will not be
31 detrimental to the public health, safety and general welfare and
32 may set forth in such report such additional information as he
-5-
1
2
3
4
5
6
7
8
9
l0i
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
feels will be of value in determining the question of granting
or denying the permit and the placing of conditions thereon.
SECTION SEVEN:
Within 40 days after the conclusion of the public
hearing, the Planning Commission shall file with the City Council
of the City of Lake Elsinore, all .exhibits, summaries of testi-
mony, copy of applications and such other materials as may have
been filed with it during the public hearing or filed as required
by law and if the Planning Commission determines that the main-
tenance of a commercial hog ranch as proposed in the application
would not be a detriment to the public health, safety and general
welfare, the Planning Commission in such case shall recommend
to the City Council that a permit to conduct a commercial hog
ranch be issued. Such permit must state the maximum number of
hogs, not to exceed 3,000, to be permitted upon such ranch at
any one time and shall be subject to such further conditions as
the Commission may determine are necessary and proper under the
circumstances. If said Commission determines that the mainte-
nance of a commercial hog ranch would be detrimental to the
public health, safety and general welfare it shall recommend to
the City Council that the application be denied.
SECTION EIGHT:
Within 40 days after receiving the recommendation and
materials from the Planning Commission as required in Section 7
hereof, the City Council of the City of Lake Elsinore shall
determine whether the proposed use requested in the application
for permit together with such conditions as may have been recom-
mended by the Commission, will or will not endanger the .public
health, safety or general welfare, and shall grant such permit
as applied for subject to such conditions and restrictions as it
shall find to be necessary or shall deny the permit accordingly.
The City Council, at its option, either upon its own
_y-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 ',
24
25
26
27
28
29
30
31
32
motion or upon the request of the applicant, may hear and con-
sider evidence in addition to the report and supporting material
from the Planning Commission before granting, denying, revoking,
modifying or refusing to revoke any permit, but shall not con-
sider any additional statement, argument or evidence of any kind
or nature whatsoever except at a public hearing, notice of the
time and place of which shall be given in the manner as was
employed by the Planning Commission in calling the original
public hearing on the application.
SECTION NINE:
Fees.
a. New permit Application Fee--$775.00, which shall
be paid upon the filing of an application for a
new commercial hog ranch permit.
b. Inspection Fee--$10.00 annually per 100 hogs or
fraction thereof allowed under the terms of permit
regardless of whether a lesser number of hogs
are actually on the premises, provided however,
that if the number of hogs allowable has been
reduced pursuant to Section 10 (a) hereof, such
reduced number shall control the amount of the
inspection fee. Minimum annual fee regardless of
number of hogs allowable, $100.00. This fee shall
be payable in advance on or before July 1st of each
year, except in cases of new permits issued after
July 1st of any fiscal year, in which cases the
inspection fee shall be prorated for the remaining
portion of the year and payable before the new
permit shall become effective. Increases in allow-
able numbers of hogs by amendment procedures are
subject to payment of inspection fees without pro-
ration, the same as though such number existed as of
-7-
1 July 1st next preceding the granting of the amend-
2 ment.
3 A late fee equal to 25 percent of the inspection
4 fee due shall be added to any inspection fee not
5 paid prior to July 15th o£ the fiscal year for
6 which the fee is charged. Any commercial hog ranch
7 permit for which an inspection fee is not paid
8 prior to September 1st of the fiscal year for which
9 the inspection. fee is charged, shall be automati-
10 cally revoked.
11 i
12 c. Fee upon amendment of permit:
13 1. Change in number of hogs at permittee's option
14 under Section 10 (a)--$15.00.
15 2. Increase in maximum allowable number of hogs
16 under Section 10 (b)--$100.00.
17
18 d. All fees provided for under this ordinance shall
19 be paid to the City Clerk of the City of Lake
20 Elsinore.
21 SECTION TEN:
22 Amendment of Permits.
23 a. At Option. of Permittee. The permittee has the
24 option of changing the number of hogs to be per-
25 mitted upon his commercial hog ranch at any time
26 providing such number is not in excess of the
27 maximum number of hogs allowable as set in his
28 permit as issued by the City Council or as amended
29 by it. A change under this subsection shall be
30 effected, without hearing, by the filing of a
31 written application and the deposit of the requisite
32 fee with the City Clerk of said City. No such
-$-
1
2
3
4
5
6
7
8
9
10
11
12
13
14'
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
change may have a retroactive effect.
b. Upon action of the City Council, an increase in
maximum number of hogs allowable can be effected
only upon the payment of the requisite fee and
compliance with procedures set out herein for a
new permit, except that the application may incor-
porate by reference any and all material filed by
the permittee as a part of his original application,
or any of his subsequent applications, providing
the materials to be incorporated appear in the
files of the Planning Commission or the City Council
SECTION ELEVEN:
Revocation of Permit for Non-Use.
a. Notwithstanding the payment for any prior year
of the annual inspection fee set forth in Section 9
hereof, any permit granted pursuant to this ordi-
nance shall be automatically revoked if the pre-
mises subject to the permit or any amendment there-
to are not used for tha operation of a commercial
hog ranch for any three consecutive fiscal years.
SECTION TWELVE:
Any and all commercial hog ranches existing and opera-
ting within the City of Lake Elsinore shall be subject to the
terms of this ordinance, and permits under which they are opera-
ting shall be interpreted and deemed issued under the terms
hereof.
SECTION THIRTEEN:
Any person, firm or corporation violating any provision:
of this ordinance shall be guilty of a misdemeanor, and upon
conviction thereof shall be punishable by fine of not more than
Five Hundred Dollars ($500.00), or by imprisonment in the County
Jail for a term not exceeding six (6) months, or by both such
-9-
_____ _~
1
2
3
4
5'
6
7
8
9
10
11
12
13
14
15
16
17
18
19'
20
21
22
23
24
25
26
27
28
29
30
31
32
fine and imprisonment. Such person, £irm or corporation shall
be deemed. guilty of a separate offense for each and every day
during any portion of which any violation of this ordinance is
committed, constituted or permitted by such person, firm or
corporation and shall be punishable as herein provided.
SECTION FOURTEEN:
If any section, subsection, clause or phrase of this
ordinance is for any reason held to be unconstitutional or
invalid, such decision shall not affect the validity or consti-
tutionality of the. remaining portions of this ordinance. The
City Council hereby declares that it would have passed this
ordinance and each section, subsection, sentence, clause or
phrase thereof, irrespective of the fact that one or more of the
sections, subsections, sentences, clauses or phrases thereof be
declared unconstitutional or invalid.
//// //// ////
//// //// ////
//// //// ////
//// //// ////
//// //// ////
//// //// ////
//// //// ////
//// //// ////
//// //// ////
//// //// ////
//// //// ////
-10-
1
2
3
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
SECTION FIFTEEN:
This ordinance shall take effect as provided by law.
INTRODUCED AND PASSED UPON FIRST READING THIS 10th
day of AUGUST 1982, upon the following roll call
vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSblORTH
NOES : ~JONE
ABSENT: NONE
ABSTENTIONS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
28th day of September 1982, upon the following roll
call vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSU!ORTH
NOES : NONE
ABSENT: NONE
ABSTENTIONS: NONE
~, G~wyc.v-v
~ohn G. Unsworth, Mayor
26 ATTEST:
27
De orah Harring on, Cit Clerk
29
301 (SEAL)
31
32
_11_
ORDINANCE N0. 649
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI-
FORNIA, ADDING CHAPTER 17.17, (R-R-O) RURAL RESI-
DENTIAL, OUTDOOR ADVERTISING DISTRICT, TO THE
LAKE ELSINORE MUNICIPAL CODE, PROVIDING FOR A
RURAL RESIDENTIAL, OUTDOOR ADVERTISING DISTRICT
(R-R-O) ZONE FOR USE ONLY WITHIN THE AREA DESIG-
NATED AS THE GATEWAY ANNEXATION AREA.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION ONE.
There is hereby added to the Lake Elsinore Municipal Code
Chapter 17.17, Rural Residential, Outdoor Advertising District, and
the following sections for use only within the Gateway Annexation
Area:
17.17.020 Permitted Uses.
A. Any use permitted in Zone R-R, subject to all of
the regulations and procedures of the R-R Zone
applicable to such use.
B. No sign shall be permitted which conflicts with
the provisions of Chapter 17.94 of the Lake
Elsinore Municipal Code.
SECTION TWO.
This ordinance shall take effect as provided by law.
INTRODUCTED AND PASSED UPON FIRST READING this 24th day
of August , 1982, upon the following roll call vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH
NOES : NONE
ABSENT; NONE
ABSTENTIONS: NONE
PAS
28th day of
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
Deborah Harrington, y Clerk
3ED, APPROVED AND ADOPTED UPON SECOND READING this
September , 1982 upon the following roll call vote:
KNIGHT, MACMURRAY, TORPJ, VALENZUELA, UNSWORTH
NONE
NONE
NONE
~`~LA.~. ~. v "v~9~liu-G~
John G. Unsworth, Mayor
(SEAL)
ORDINANCE N0. 650
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA AMENDING SECTION TWO OF ORDINANCE
355 AND LAKE ELSINORE MUNICIPAL CODE SECTION 8.20.020
CONCERNING THE BURNING OF COMBUSTIBLE OR FLAMMABLE
MATERIALS AND DECLARING THE ORDINANCE TO BE AN URGENCY
ORDINANCE TO TAKE EFFECT IMMEDIATELY.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA DOES
ORDAIN AS FOLLOWS:
SECTION ONE.
Section Two of Ordinance 355 and Lake Elsinore Municipal Code
Section 8.20.020 are hereby amended to read as follows:
8.20.020 Burning Unlawful.
It is unlawful to burn or permit to be burned on one's property
any matter described in Section 8.20.010, or any rubbish, paper, or
household accumulation of trash, or to conduct or permit to be conducted
on one's property, a pit barbecue, unless such burning is done pursuant
to a fire permit issued by the Chief of the Fire Department, or his
authorized agent, except as hereinafter provided.
Campfires will be allowed only in stoves and fire rings on
premises zoned and licensed for recreational purposes, which stoves and
-- fire rings are in a location approved by-the Chief of the Fire Department,
or his authorized agent.
- Small outdoor fires and barbecues used only for cooking food
for human beings on premises zoned and lawfully used for residential
purposes shall be permitted.
SECTION TWO.
The City Council finds and determines this to be an urgency
ordinance necessary for the protection of the public health, safety and
welfare in view of the anticipated end of summer crowds.
This Ordinance shall take effect immediately as provided by
law.
INTRODUCED AND PASSED UPON READING this 24th day of August,
1982, upon the following roll call vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH
NOES: NONE
ABSENT: NONE
ABSTENTIONS: NONE ~ Q ~~ 7~ --~p~-
~1~-~- fF7. e%~~1.
J n G. Unsworth, Mayor
ATTEST:
~r~d~~/~~~~~-~
Deborah Harrington, Cit Clerk
ORDINANCE N0. 651
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA AMENDING SECTION TWO OF ORDINANCE
355 AND LAKE ELSINORE MUNICIPAL CODE SECTION 8.20.020
CONCERNING THE BURNING OF COMBUSTIBLE OR FLAMMABLE
MATERIALS
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA
- DOES ORDAIN AS FOLLOWS:
SECTION ONE.
Ordinance No. 3 55 is hereby repealed.
SECTION TWO.
Section Two of Ordinance No. 355 and Lake Elsinore Municipal
Code Section 8.20.020 are. hereby amended to read as follows:
8.20.020 Burning Unlawful.
It is unlawful to burn or permit to be burned on one's
property, any matter described in Section 8.20.010, or any rubbish,
paper, or household accumulation of trash, or to conduct or permit to
be conducted on one's property, a pit barbecue, unless such burning
is done pursuant to a fire permit issued by the Chief of the Fire
Department, or his authorized agent, except as hereinafter provided.
Campfires will be allowed only in stoves and fire rings on
premises zoned and licensed for recreational purposes, which stoves.
and fire rings are in a location approved by the Chief of the Fire
Department, or his authorized agent..
Small outdoor fires and barbecues used only for cooking
food for human beings on premises zoned and lawfully used for resi-
dential purposes shall be permitted.
SECTION THREE.
This Ordinance shall take effect as provided by law.
INTRODUCED AND PASSED UPON FIRST READING this 24th day of
August, 1982, upon the following roll call vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH
NOES: NONE
ABSENT: NONE
ABSTENTTONS: NONE
INTRODUCED AND PASSED UPON SECOND READING this 28th
day of September 1982, upon the following roll call vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH
-NOES: NONE
ABSENT: NONE
ABSTENTIONS: NONE ~~
/rf ~ ~/fiv,.~v~~-o c.
ohn G. Unsworth, Mayor
ATTESTt
Deborah Harringt n, City C rk
ORDINANCE NO. 652
2
3
4
5
s
7
8
n
1D
11
12
13
19
15
lE
1i
18
15
2C
2l
22
2~
29
2E
2C
2i
2f
2f
3(
37
3~
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI-
FORNIA, ADDING CHAPTER 17.37, PLANNED UNIT DEVEL-
OPMENT OVERLAY DISTRICT, TO THE LAKE ELSINORE
MUNICIPAL CODE, ESTABLISHING GUIDELINES AND
REVIEW CRITERIA FOR PLANNED UNIT DEVELOPMENT
PROPOSALS.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFOR-
NIA, DOES ORDAIN AS FOLLOWS:
SECTION ONE:
There is hereby added to the Lake Elsinore Municipal
Code Chapter 17.37, Planned Unit Development Overlay District,
and the following sections:
Section 17.37.-010 - Purpose.
It is the intent of this chapter to achieve development
superior to that which can be achieved through the
application of conventional development standards.
Specifically, the purposes of this section are:
A. Greater administrative flexibility in administrative
review of development plans and designing development
plans.
B. Minimum disruption and maximum utilization of natural
site resources.
C. The allowance of mixed land uses where desirable and
compatible.
D. The encouragement of diversity in housing types,
styles and price-ranges.
E. The permitting of density transfer to encourage
efficient design and land planning.
F. The encouragement of excellence through density
bonuses.
G. Insure that projects develop in accordance with the
General Plan and all applicable specific and master
plans.
H. Provide a method to approve separate ownership of
units within multiple unit buildings or upon a parc
1 of land containing more than one (1) unit.
2 I. Provide 'for a method to approve separate ownership
3 of Planned .Unit Development (P. U.D.) lots as defined
4 herein.
5 J. Regulate the design and location of buildings in
g condominium subdivisions to ensure that the quality
7 of development is reasonably consistent with other
g forms of development intended for separate ownership.
g K. Provide for conversion of existing development to
10 condominiums provided .such conversion meets the
11 intent of this chapter and standards which apply to
12 units constructed as condominiums.
13 Section .17.37.0'15 -Scope.
14 A. The Planned Unit Development (P.U.D.) is intended
15 to provide development guidelines. and a vehicle for
16 development review.. The Planned Unit Development
17 shall act as an overlay. district and, as such, all
18 development review shall be conducted simultaneously
19 with project proposals, utilizing zone change
20 procedures.
21 B. The maximum density of a Planned Unit Development
22 project shall be determined by the General Plan for
23 the particular property.
24 C. The .adequacy of all development proposals in meeting
25 the requirements of this section .shall be determined
26 by the Planning Directorm
27 D. Unless specifically changed as part of the Planning
28 Commission and City Council. finding provided under
29 Section 17.37.080, all adopted City ordinances,
30 standards and policies apply to a Planned Unit
31 Development project, including .those set forth in
32 the Lake Elsinore General Plan.
-2-
i
2
3
4
5
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Section 17.37.-O B0 - Definition.
For the purpose of this section, the following words
and phrases shall have the meaning indicated:
A. "Homeowners Association." A private organization
composed of residents within the Planned Unit
Development project which may own common property
and shall be responsible for the maintenance and
management of commonly owned property.
B. "Open space." The total area of land and/or water
within boundaries of a Planned Unit Development
designed and intended for use and enjoyment as
open space areas.
1. Open space includes:
(a) Area of the site hot covered by buildings,
paved areas, or accessory structures
except recreational structures.
(b) Land which is accessible and available to
all occupants of dwelling units for which
use of the space is intended.
2. Open space does not include:
(a) Proposed and existing street right-of-way
and private streets.
(b) Open parking areas, private drives/drivewa
(c) Building area within school sites.
C. "Open space, common." Open space within a Planned
Unit Development owned, designed and set aside for
use by all occupants of the Planned Unit Develop-
ment. Common open space is not dedicated to the
public and is owned and maintained by a private
organization made up of the open space users.
D. "Open space, private." That open space directly
adjoining the living areas of dwelling units, which
-3-
1
2
3
4
5
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
25
26
27
28
29
30
31
32
is intended for the private enjoyment of the resi-
dents of the dwelling unit. Private open space
shall. in some manner be defined such that its
boundaries are evident.
E. "Planned Unit Development." An area of land,
controlled by the applicant to be developed as a
single, unified project which meets the standards,
regulations, criteria and intent set forth in this
section.
F. "Project." The total Planned Unit Development area,
with boundaries as defined in the development plan.
G. "Private streets." Shall mean the streets and
roads .within the project, used for general travel,
not dedicated to the public and shall not be con-
strued to mean driveways, alleys or parking areas.
Section 57,3.7-.02b - P3-a-tined Development Permit. A
Planned Development Permit shall apply to residential
projects only. The City Council, Planning Commission
or Planning Director, as provided in this chapter, may
approve a permit for a Planned Development in any resi-
dential zone or combination of zones subject to the
requirements thereof, except as they may be modified in
accord with this chapter. .When approved, a Planned
Development permit shall become a part of the zoning
regulations applicable to the subject property.
The :application for a Planned Development shall state
whether the applicant intends to develop the project
as a Planned Unit Development, Condominium Project,
Stock Cooperative Project, or Community Apartment Pro-
ject. For purposes of this chapter, a Planned Unit
Development is defined by Section 11003 of the Business
-4-
T
2
3
4
5
6
7
8
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
271
30
31
32
and Professions Code of the State, a condominium project
is defined by Section 1350 of the Civil Code of the State,
a stock cooperative project is defined by Section 1103.2
of the Business and Professions Code of the State and a
community apartment project is defined by Section 11004
of the Business and Professions Code of the State.
Section .17.37.030 - Permitted Uses. Any principal use,
accessory use, transitional use or conditional use
permitted in the underlying zone is permitted in a
Planned Development. In addition, the Planning Com-
mission or City Council may permit attached multi-
family units as part of a Planned Development in any
single-family zone if they find that the units are
developed in a manner that is compatible with surround-
ing land uses, will not create a disruptive or adverse
impact to the neighborhood and are consistent with the
purpose and intent of the underlying zone.
Section 17.37.04-0 - Application.. Application for a
permit for a Planned Development shall be made in
accordance with the procedures set forth in this
section:
A. An application for a Planned Development permit may
be made by the record owner or owners of the pro-
perty affected or the authorized agent of the owner
or owners. The application shall be filed with the
Planning Director upon forms .provided by him. The
application shall state fully the reasons a Planned
Development is a proper method to develop the pre-
perty and shall be accompanied by adequate plans
which allow for detailed review pursuant to this
chapter, a legal description of the property and
all other materials and information specified by
-5-
1
2
3
4
5
6
7
8
9
10
it
12
13
14
15
16'
17
18
19
20
21
22
23
24
25
27
28
30
31
32
the Planning Director.
B. At the time of filing the application, the appli-
cant shall pay a processing fee in an amount
specified by City Council resolution.
C. The application may be accompanied by a tentative
map which shall be filed with the Planning Director.
in accordance with procedures set forth in Section
16.24 of the Lake Elsinore Municipal Code.
D. If the applicant contemplates the construction of
a Planned Development in phases, the application
shall so state and shall include a proposed phasing
schedule..
E. If the applicant proposes to convert existing
buildings to a Planned Development, the plans shall
reflect the existing buildings and show all pro-
posed changes and additions.
Section 17.37.050 - Transmittal to the Planning
Commission. The Planning Director shall transmit the
application for a Planned Development, together with
his recommendation thereon, to the Planning Commission
for public hearing when all necessary reports and pro-
cessing have been completed. An application may be
considered by the Planning Commission concurrent with
their consideration of any related discretionary permit.
Section 17.37.060 - Planning Commission Action. The
Planning Commission shall hold a public hearing on all
Planned Development permits. Upon review of the appli-
cation, the Planning Commission shall .approve, condi-
tionally approve or disapprove the request. The Plan-
ning Commission shall then prepare a report and recom-
mendation for the City Council. The report shall
include findings and recommendations on the matters
-6-
d
1
2
3
4
5
6
7
g!
9
10
it
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29
30
31
32
set out in this chapter and shall be forwarded to the
City Clerk who shall set the matter for public hearing
before the City Council.
Section 17.37.070 - City Council Action. The City
Council shall hold a public hearing on a Planned Devel-
opment permit for which the .Planning Commission has filed
a report with the City Clerk. At the public hearing, the
City Council shall review the Planning Commission's
report, shall consider the matter and shall approve,:
conditionally. approve or disapprove the permit.
Section 17.37.080 -Required Findings.
A. The Planning Commission or City Council shall
approve or conditionally approve a Planned Develop-
ment permit only if it finds that all of the follow-
ing facts exist:
1. The granting of this permit will not adversely
affect and will be consistent with this Code,
the General Plan, applicable specific plans,
master plans, and all adopted plans of the City
and .other governmental agencies;
2. The proposed use at the particular location is
necessary and desirable to provide a service or
facility which will contribute to the general
well-being of the neighborhood. and the community;
3. Such use will not be detrimental to the health,.
safety or general welfare of persons residing or
working in the vicinity, or injurious to pro-
perty or improvements in the vicinity;
4. The proposed Planned Development meets all of
the minimum development standards set forth in
Section 17.37.100.
5. The proposed Planned Development meets all of
-7-
1
2
3
4
5
6
7
8
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
29
30
31
32
the design criteria set forth in Section
17.37.090;
6. The proposed project is designed to be sensitive
to and blend in with the natural topography of
the site;
7. The proposed project maintains and enhances
significant natural resources on the site;
8. The proposed project is compatible with surround
ing development and. does not create a disharmon-
ious or disruptive element to the neighborhood;
and
9. The proposed project's circulation system is
designed to be efficient .and well integrated
with the project and does not dominate the
project.
B. In granting a Planned Development permit, the Plan-
ning Commission or City Council may modify the plan
or impose such conditions as it deems necessary to
protect the public health, safety and general wel-
fare. Any development standards of the underlying
zone in which the property is situated, including
yards, parking, coverage, signs, fences, and walls,
may be modified by the Planning Commission or City
Council as necessary to accomplish the purposes of
this chapter.
Section 17.37.090 - Design Criteria.
A. The Planned Development shall observe the following
design. criteria:
1. The overall plan shall be comprehensive,
imaginative and innovative embracing land,
buildings, landscaping and their relationships
which shall conform to adopted plans of all
-8-
1
2
3
4
5
6
7
8
9
10
ii
12
13 I
14
15
16
17
18
19
20
21
22
23
24
25
26
27
23
29
31
32
governmental agencies for the. area in which the
proposed development is located;
2. The. plan shall provide for adequate open space,
circulation, off-street parking, recreational
facilities and other pertinent amenities. Build
ings, structures and facilities in the parcel
shall be well-integrated, orientated and related
to the topographic and natural landscape feature
of the site;
3. The proposed development shall be compatible
with existing and planned surrounding land uses
and with circulation patterns on adjoining
properties. It shall not constitute a disrup-
tive element to the neighborhood or community;
4. The internal street system shall not be a domi-
nant feature in the overall design, rather it
should be designed for the efficient and safe
flow of vehicles without creating a disruptive
influence on the activity and function of any
common areas and facilities;
5. Common areas and. recreational facilities shall
be located so as to be readily accessible to
the occupants of the dwelling units and shall
be well related to any common open spaces
provided; and
6. Architectural harmony within the development
and within the neighborhood and community shall
be obtained so far as practicable.
Section 17.37.100 - Development Standards. In addition
to the geheral provisions of this title, the require-
ments of the underlying zones and this chapter, a
Planned Development shall comply with the following
standardsa
-9-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
29
30
31
32
A. Density. The bomber of dwelling units in a Planned
Development shall not exceed the density permitted
by the applicable underlying zone or land use. The
density regulations of the applicable underlying
zone or land use may be applied to the total area of
the Planned Development rather. than separately to
individual lots. In no cases shall the density be
inconsistent with the General Plan. In cases where
two (2) or more General Plan land use designations
fall within the boundaries of a Planned Development,
the density may be transferred from one General Plan
designation to another to accomplish residential
purposes of the General Plan Land Use Element.
B. Setbacks. '
1. Front Yard - front yard setbacks shall be
allowed to vary according to the provisions of
Section 17.37.090, but shall not be less than
five. (S) feet. Garages shall provide an auto-
matic garage door opener if they face onto a
private driveway or public right-of-way, if
they are .within five (5) feet of the property
line or as provided by subsection 3;
2. Corner. Lots - corner lots shall have a ten (10)
foot side yard setback from the side street;
3. All setbacks shall be measured from the property
line, or, in the case where individual property
lines are not present, at the edge of the street
curb or sidewalk,. whichever is closest to the
structure, subject to the setback requirement;
4. The distance between structures shall not be
less than ten (10) feet. Fireplace structures,
cornices, eaves, belt courses, sills, buttresses
-10-
1
2
3
4
5
6
7'
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
and other similar architectural features pro-
jecting from a building may intrude up to
two (2) feet into this ten (10) foot distance.
Open balconies .and eaves extending from floors
above the first floor may intrude into the
setback from driveways provided that such
balconies do not extend over the driveway.
Intrusions into the required setback shall not
be allowed if such intrusions inhibit traffic
circulation, provision of safety, sanitary or
other services, or are not compatible with the
design of the project;
5. Whenever possible, dwelling units shall be
arranged to take advantage of views and vistas
with consideration given to pleasing relation-
ships of building mass as well as solar access;
6. The Planned Unit Development shall be designed
to minimize the likelihood of criminal activity
by:
(a) Minimizing those areas that are neither
clearly private or public.
(b) Planting landscaping such that maximum
observation is obtained while providing
the desired degree of aesthetics.
7. Building height is regulated by the base
district; and
8. No structure for human .habitation shall be
placed in an environmentally hazardous, fragile,
or unique area.
C. Open Space.
1. The Planned Unit Development project shall have
a minimum of forty percent (40g) private and
-11-
1
2
3
4
5
6
7
8
11
12
13
14
15
16
17
18
19
20
21
22
23
24
26
27
28
29
30
31
32
commom open space, including balcony area.
2. Each dwelling unit shall have a minimum con-
tiguous private open space area as follows:
(a) Ground Floor -- two hundred twenty-five
(225) square €eet.
(b) Upper-story dwelling unit with no ground
floor -- one hundred (100) square feet.
3. Provisions for the maintenance and management
of the common open space and common facilities
shall be reviewed and approved by the City
Council. Such approval shall be based on the
following criteria:
(a) The applicant shall obtain City Council
approval for establishment of a Homeowners
Association prior to the selling of any
lot or occupancy of any dwelling unit.
D. Bonus Items.
1. One hundred percent (1008) transfer of the
density indicated on the Lake .Elsinore General
Plan is permitted within the project, provided
all other performance criteria are met.
2. Transfer of density may include a transfer of
density from adjacent property for which devel-
opment restrictions in favor of this project
have been obtained.
(a) To be eligible for density transfer,
adjacent private lands must meet the
following criteria:
(i) Private lands from which the density
is being transferred should be free of
hazards or other physical constraints
that prohibit the construction of
-12-
-.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
residential dwellings. if signifi-
cant environmental constraints are
located within properties which desire
to transfer development rights to
other areas, the City Council shall
make substantial Findings that such
areas shall remain in perpetual open
space and that the transferred den-
sities shall not cause a significant
impact upon their new location.
(b) All open space within the project utilized
for density transfer must be common open
space, except in the case. of total pro-
perty density transfer.
3. A bonus in dwelling-unit density, up to ten
.percent (l00) above that indicated ih the
General Plan for the area, may be granted by
the City Council provided one (1) of the follow-
ing criteria is met:
(a) A publicly valuable item is provided,
preserved or enhanced which would other-
wise require the expenditure of public
monies.
(b) A public or quasi-public item is provided
-above and beyond the normal expectations.
(c) An amenity, convenience or excellence is
provided above and beyond normal expecta-
tions.
4. In all cases, the granting of density bonuses
must further the purpose and intent of the
Planned Unit Development provisions of this
section.
-13-
1
2
3
4
5
6
7
8
9~~
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
E. Circulation.
1. The vehicular circulation pattern shall be
designed such that:
(a) It provides adequate vehicular access to
and within the :project in accordance with
adopted City standards.
(b) It is coordinated with external transporta-
tion networks in terms of location and loads
(c) It is integrated with the natural land-
scape.
(d) It is designed such that noise levels from
vehicular traffic shall comply with the
Noise Quality Standards of the City of
Lake Elsinore General Plan.
(e) The Planned Unit Development project and
each phase thereof has two (2) points of
vehicular ingress and egress .from surround-
ing streets, one (1) of which may be
emergency only. where the applicant can
show that this is a physical impossibility,
this requirement may be waived by the City
Council.
(f) Private and/or public streets are acceptable
if they are built to acceptable City stan-
dards. In lieu of City standards, the City
may adopt, as part of the application,
alternative road standards upon City Council
approval.
2. The pedestrian circulation pattern shall be
designed such that:
(a) It is separated from vehicular traffic
where possible and designed to discourage
-14-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
pedestrian crossing of the vehicular net-
work, except at controlled points which
are designed for pedestrian safety.
(b) Hard-surfaced, safely lighted pedestrian
access to common open space, recreational
areas, community facilities and other
logical terminal points shall be provided.
3. All common off-street parking areas shall be
designed such that:
(a) They provide adequate, convenient, well-
marked,. and safely lighted parking.
(b) With the exception of building-enclosed
parking structures, they shall contain
appropriate landscaping to minimize the
effect of large areas of asphalt or con-
crete. Parking requirements are listed
in Section 1'7:37:6- of; Parkanr~ grdai~nce,,
Lake Elsinore Municipal Code.
Section 17.37.110 --Recreation Vehicle Storage.
A. Storage space to accommodate storage of recreational
vehicles (e.g., trailers), may be provided by the
developer. If the storage space is provided, it
.shall be .located in specifically designated areas
and made available for the exclusive use of the
residents of the project. The storage shall be
screened from view by a view-obscuring fence, wall
and/or landscaping as required by the Planning
Commission.
B. The storage bf recreational vehicles shall be pro-
hibited in the front yard setback, on any public
or private streets, or any other area visible to the
public. A provision containing this restriction
-15-
1
2
3
4
5
6
7
8
9 shall be included in the covenants, conditions and
restrictions for the project.
C. If storage space is not provided for recreational
vehicles, the covenants, conditions and restrictions
recorded against the property shall. disallow the
storage of such vehicles and all potential home
buyers shall be notified of this condition prior
to purchase.
Section 17.37.120 - Final Planned Development Plan.
10 A. Building permits for construction within the pro-
11 posed Planned Development shall not be issued until
12 the applicant has filed and secured approval of a
13 final Planned Development plan.
14 B. The final Planned Development plan shall be sub-
15 mitted to the Planning Director prior to the
16 expiration of the tentative map or tentative parcel
17 map including within the. period of time of any
18 extensions on the map. The plan shall reflect all
19 required revisions and refinements. The final
2~ Planned Development plan shall include:
21 1. A final landscaping plan including methods of
22 soil preparation, plant types, sizes and loca-
23 tion; irrigation system plans showing location,
24 dimensions. and types; and
25 2. A plan for lighting of streets, driveway and
26 parking.
27 C. Where a Planned Development contains any land or
28 improvements proposed to be held in common owner-
29 ship, the applicant shall submit a declaration of
30 covenants, conditions and restrictions with the
31 final Planned Development plan. Such declaration
32 shall set forth provisions for maintenance of all
-16-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31f
32~
common areas, payment of taxes and all other privi-
leges and responsibilities of the common ownership
and shall be reviewed by and subject to approval
by the Planning Director and City Attorney.
D. A final: Planned .Development plan may be submitted
for a portion of the development provided the City
Council approved the construction phases as part
of the permit and subdivision map approval. The
plan for the first portion must be submitted within
the time limits of this section. Subsequent units
may be submitted at later dates in accordance with
the .approved phasing schedule.
E. The City Engineer shall review the plan for con-
formity to the requirements of this chapter and the
Planned Development permit. If he finds the plan
to be in substantial conformance with all such
requirements, he shall approve the plan.
SECTION TWO:
This ordinance shall take effect as provided by law.
INTRODUCED AND PASSED UPON FIRST READING this 24th
day of August 1982, upon the following roll call vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSI~dORTH
NOES: NONE
ABSENT: NONE
ABSTENTIONS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
28th dat if September 1982, upon the following roll call
vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSI<;ORTH
NOES : NONE
ABSENT; NONE
.ABSTENTIONS: NONE
ATTEST: ,~~1~+.. /~~e ~e°,•~'?e""~0
~ hn G. Uhsworth, Mayor
,~• i.
~~~/J' ~~ g % /S/ll/J2
Debora Harrin on Ci Clerk
(SEAL) -17-
ORDINANCE NO. 653
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE REZONING
CERTAIN PROPERTY FROM R-1 (SINGLE-
FAMILY) TO R (RECREATION)
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA
DOES ORDAIN AS FOLLOWS:
SECTION ONE
All properties described below, shall upon the adoption
and the affective date of this ordinance be zoned R
(Recreational). It is understood and acknowledged
that while some portions of said property are presently
zoned R (Recreational) such property shall be encompassed
within and become part of said zone change for descrip-
tion purposes only.
SECTION TWO
The following described property is removed from its
present zoning district as R-1 and hereby rezoned to R:
Parcel No. 1
The Southeasterly rectangular 315 feet of Lot 9
in Block E, as shown by plat of the resubdivision
of Block D of Elsinore on file in Book 6 page 296
of Maps, records of San Diego County, State of
California.
Parcel No. 2
The Southeasterly rectangular 90 feet of the
Northeasterly rectangular 1,000 feet of Lot 9 in
Block E, as shown by plat of the resubdivision of
Block D of .Elsinore, on file in Book 6 page 296
of Maps. records of San Diego County, State of
California.
SECTION THREE
This ordinance shall become effective as provided by law.
INTRODUCED AND PASSED UPON FIRST READING this 24th
day of AUGUST 1982, upon the following
roll call vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH
NOES: NONE
ABSTENTIONS: NONE
ABSENT: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
14th day of September
1982, upon
the following roll call vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH
NOES: NONE
ABSTENTIONS: NONE
ABSENT: NONE
ATTEST:
Deborah Harrington, City Clerk
(,SEAL)
~~ ~
J hn G. Unsworth, Mayor
-2-
ORDINANCE NO. 654
1
2
3
4
5
s
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
31
32
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE ESTABLISHING A SPECIFIC PLAN
DISTRICT DELINEATING REVIEW AND PROCESSING
PROCEDURES FOR DIVERSIFIED LAND USE PROJECTS
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIF-
ORNIA, DOES ORDAIN AS FOLLOWS:
SECTION ONE:
There is hereby added to the Lake Elsinore Municipal
Code Chapter 17.99, Specific Plan District and the following
sections:
Section 17.99.010 - Purpose.
The purpose of this district include the following:
To encourage the planned development of parcels and
to permit comprehensive site planning and building
design; to provide a more flexible regulatory pro-
cedure by which the basic public purpose of the City
of Lake Elsinore General Plan and the City of Lake
Elsinore Zoning Code may be accomplished; to en-
courage creative approaches to the use of land
through variation in siting of buildings and the
appropriate mixing of several land uses, activities,
and dwelling types; to enhance the appearance and
livability of the community through encouragement
of creative approaches to the use of land and the
design of facilities; to promote and create public
and private open space as an integral part of land
development design; to reduce, when appropriate,
the amounts of public and private improvements
normally required by developments; to maximize choice
in types of environments available in the City of
Lake Elsinore; to encourage private development of
older areas of the City and for the enhancement and
preservation of property with unique features, such
as property having historical significance, unusual
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
30
31
32
topography and landscape features.
Section 17 99 020 - General Requirements for a Specific
Plan Proposal.
Property that is held. in single or multiple owner-
ships may be considered for a Specific Plan. The
City, property owner, or his representative may
initiate the Specific Plan proposal. Components of
the Specific Plan shall include the submittal of a
development plan and a supplementary text. Land
development within the Specific Plan area shall be
initiated and completed by the applicant or his
transferees, whichever the case may be. Unless
otherwise provided in the approval of the Specific
Plan, the applicant may divide and transfer units
within the Specific Plan area, provided the total
density permitted by the Specific Plan is not
exceeded. The applicant or his transferee shall
complete, use and maintain the development in strict
accordance with the Specific Plan and subsequent
conditions of approval as required.
All provisions of this district are supplementary
to the City of Lake Elsinore Subdivision Ordinance.
Any site plans and or maps contemplated for the
Specific Plan area or for portions thereof may be
processed concurrently with the Specific Plan as
specified under-this Article.
Section 17.99.030 - General Provisions and Standards
for a Specific Plan District.
The following provisions shall apply in this Specific
Plan District together with all other applicable
provisions of the City of Lake Elsinore Zoning and
Subdivision Ordinance. Where conflict in a regula-
-2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
31I
32
tion occurs, the regulations specified in this district
or in an approved Specific Plan shall supercede and
apply.
A. Specific Plan Zones may be established pursuant
to the regulations and requirements specified in
this Specific Plan District Ordinance. It is the
intent of the individual Specific Plan Zones to
provide innovative development plan design and
development standards in which development
standards may vary between Specific Plan Zones.
B. The Specific Plan shall consist of a development
plan and supplemental text material and is
recognized as a guide to the developers and de-
signers of land use plans for the property. The
development standards are in effect performance
standards, the ramifications of which become
manifest when a site plan has been drawn.
C. Specific Plan Zones may be established on parcels
of land which are suitable for and of sufficient
.size to be planned and developed in a manner
consistent with the purposes of this District.
D. The purpose of this District may be accomplished
only upon satisfactory demonstration by the ap-
plicant that the Specific Plan is in conformance
with the intent of the City of Lake Elsinore
General Plan and any element thereof, and in
accordance with other applicable plans and
policies adopted by the City.
E. Specific Plans may combine several land uses on
the development plan. Mixed uses may include
any combination of residential, commercial,
industrial, open space, and agricultural uses,
-3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15,
161
17
18
19
20
21
22
23
24
25
26
27
28
29
31
32
and may occur among or within buildings as long
as the uses are compatible with each other and
with existing and potential uses surrounding
the Specific Plan Zone.
F. Standards for building coverage, light and air
orientation, building height, sign placement
and design, site planning, street furniture
placement and design, yard requirements, open
spaces, off-street parking, and. screening for
Specific Plan uses and other specified standards
shall be governed by the development standards
set forth in the Specific Plan and subsequent
documents.
G. The provisions of public and private open space,
as an integral part of land development planning
and design, is set forth as a purpose of this
Specific Plan District. The Specific Plan shall
contain criteria providing for open space and
performance standards for the improvement and
maintenance of required open space.
H. All electrical and telephone facilities, fire
alarm conduits, street light wiring, cable
television, and other wiring, conduits, or
facilities shall, where feasible, be placed
underground. Electric and telephone facilities
shall be installed in accordance with standard
specifications of the serving utilities.
I. Standards for private and public improvements
shall"be governed by the Specific Plan and may
vary from adopted City standards.
Section 17.99.040 - Application Procedure.
The application procedure for Specific Plan Zoning
-4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
2s
29
30
31
32'
can occur in either of two alternative procedures.
One procedure allows the applicant to receive "Condi-
tional" (SP) Specific Plan Zoning prior to Final
Specific Plan approval, while the other procedure
allows the applicant to accelerate processing and
receive (SP) Specific Plan Zoning concurrent with
Final Specific Plan approval. (See Exhibit "A" SPD).
The application for (SP) Specific Plan Zoning shall
be made on a form provided by and submitted to the
City of Lake Elsinore Planning Department for review.
It shall be the responsibility of the Planning
Director to contact interested departments and all
agency personnel regarding necessary meetings with
the applicant.
Section 17..99.050 - Alternative A, Conditional (SP)
Specific Plan Zoning Procedure.
The purpose of selecting the process for Conditional
(SP) Specific Plan Zoning is to allow the applicant
to receive an (SP) zoning designation for properties
prior to preparing and submitting Specific Plan
documents.
A. Subsequent to acceptance of any application for
Conditional (SP) Specific Plan Zoning by the
Lake Elsinore Planning Department, the City shall
notice. said zoning matters and conduct the
necessary .public hearings as provided in Chapters
17.80 and 17.92 of the Lake Elsinore Zoning Code.
B. At such time as Conditional (SP) Specific Plan is
approved, the City Council shall determine the
Residential, Commercial or Industrial Development
Intensity Policy as provided in Section 17.99.070
of this District and it shall be placed on the
-5-
__ _
_~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
23
29
30
31
32
City's Official Zoning Map. This zoning designa-
tion will remain "conditional" until a Final
Specific Plan is approved for the subject parcel(s).
C. The applicant shall submit a "Draft Specific Plan"
to the Planning Department for review and comment.
The "Draft Specific Plan" shall consit of sketch
plans for the Development Plan and a general out-
line describing the content of the Supplemental
Text Material as provided in Section 17.99.080
of this District.
1. The applicant may request an informational
meeting with the Planning Commission and/or
City Council to:
(a) Inform the Planning Commission and
City Council of the general character,
land use and impact of the proposed
development;
(b) Allow the Planning Commission and
City Council to indicate their con-
cerns regarding the Specific Plan;.
(c) Provide direction for the Specific
Plan preparation before detailed
studies and plans. have been finalized
for submission of the Final Specific
Plan.
D. The applicant will submit a "Final Specific Plan"
to the Planning Department for review and comment.
The "Final Specific Plan" shall consist of the
information contained in the "Draft Specific Plan"
and additional information as provided in Section
17.99.090 of this District.
E. The City shall notice said "Specific Plan" and
-6-
1
2
3
4
5
6
7
8
10 I
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
31
32
conduct necessary public hearings as provided
in Chapters 17.80 and 17.92 of the Lake Elsinore
Zoning Code. Upon approval of the E'inal Specific
Plan, the (SP) Specific Plan zoning designation
will be implemented. thereby removing the "condi-
tional" status.
Section 17.99.060 - Alternative B, Non-Conditional (SP)
Specific Plan Zoning Procedure.
The purpose of selecting the process for non-condi-
tional (SP) Specific Plan Zoning is to receive con-
current approval of the Specific Plan Documents and
(SP) zoning designation completing the Specific Plan
process.
A. Subsequent to acceptance of any application for
non-conditional (SP) Specific Plan Zoning by the
Lake Elsinore Planning Department, the applicant
shall submit a "Draft Specific Plan" to the
Planning Department for review and comment. The
"Draft Specific Plan" shall consist of sketch
plans for the Development Plan and a general out-
line describing the content of the Supplemental
Text Material as provided in Section 17.99.080
of this District.
1. The applicant may request an informational
meeting with the Planning Commission and/or
City Council to:
(a) Inform the Planning Commission and
City Council of the general character,
land use and impact of the proposed
development;
(b) Allow the Planning Commission and City
Council to indicate their concerns re-
-7-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15'
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
garding the Specific Plan;
(c) Provide direction for the Specific Plan
preparation before detailed studies
and plans have been finalized for sub-
mission of the Final Specific Plan.
B. The applicant will submit a "Final Specific Plan"
to the Planning Department for review and comment.
The "Final Specific Plan" shall consist of the
information contained in.the "Draft Specific Plan"
and additional information as provided in Section
17.99.090 of this District.
C. The City shall notice said "Final Specific Plan"
and related non-conditional (SP) Specific Plan
Zoning and conduct the necessary public hearings
as provided in Chapters 17.80 and 17.92 of the
Lake Elsinore Zoning Code.
Section 17.99.070 - Residential, Commercial or
Industrial Development Intensity
Policy.
The Residential, Commercial or Industrial Develop-
ment Intensity Policy shall be established for each
Specific Plan Zone concurrent with the approval of
said (SP) Specific Plan Zoning or other applicable
zoning district(s). The City Council shall deter-
mine the allowable development intensity for Specific
Plan Zones and shall designate said density on the
official zoning map of the City and/or as described
in the text of the Lake Elsinore Zoning Code.
A. Residential Specific Plan. A Residential de-
signation shall be made where Residential Uses
within the Specific Plan Zone combine to comprise
over SO percent of the proposed land use within
-8-
1
2
3
4
5
6
7
8
9
10
11
12
13
14,
15
16
17
18
19
20
21
22
23
24
25
271
29
30
31
32
the Specific Plan Zone. Residential densities
shall be noted on the official zoning map
referencing the gross :average density per acre
permitted within the Specific Plan Zone.
B. Commercial or Industrial Specific Plans. A
Commercial or Industrial designation shall be
made where Commercial or Industrial uses within
the Specific Plan Zone combine to comprise over
50 percent of the proposed land use within the
Specific Plan Zone. Commercial or Industrial
development intensities shall be noted on the
official zoning map and/or as described in the
text of the Lake Elsinore Zoning Code, referencing
the lot coverage of the use permitted within the
Specific Plan Zone.
Development Intensity for Specific Plan Zones shall be
determined by one of two processes described as follows:
A. Development Intensity for Specific Plan Zones may
be governed by the land use category designated
in the City of Lake Elsinore General Plan, or in
other City Plans and Policies that may be in the
process of preparation.
B. The City of Lake Elsinore may specify a "Specific
Plan Area" designation in the City's General Plan.
The City shall, at the time of General Plan adop-
tion or through the amendment process, designate
the development intensity on the General Plan
Land Use Map or as described in the text of the
General Plan.
1. Development Intensity for "Specific Plan
Areas" shall generally be evaluated with
reference to other similar Specific Plan
-9-
1.
2'
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
27
28
31
32
developments or evaluation procedures within
the City, or in the case where other similar
developments do not exist, with reference to
other similar developments in comparable
jurisdictions.
Section 17.99.080 - Draft Specific Plan.
The Draft Specific Plan shall describe the intensity
of land uses proposed and their inter-relationship,
and shall not be construed to endorse the precise
location of uses, configuration of parcels, or
engineering feasibility. The Draft Specific Plan
shall be submitted to the Lake Elsinore Planning
Department and shall include the following informa-
tion:
A. A Sketch Plan of the Development Plan for the
entire Specific Plan area delineated on one or
more maps showing:
1. Project land uses, densities, existing and
proposed major streets, public use areas
(schools, parks, fire stations, etc.), and
open space and major landscape features;
2. General Plan, Regional and Subregional or
Community Plan land use designations;
3. Slope analysis utilizing categories provided
by the Planning Director. Included in the
slope analysis is the number of acres in
each slope category.
B. A general outline of the Supplemental Text
Material describing the general objectives/concept;
a tabulation of the land area to be devoted to
various uses, including open spaces; a calculation
of the overall density and the average densities
-10-
1
2
3
4
5,
7'
8
9
10
11
12
13
14
15
16
17
IS
19
20
21
22
23
24
25
26
27
28
29
30
31
32
per net residential acre of the various residen-
tial areas;. and a summary of development standards
for commercial or industrial uses when those uses
are proposed. The Supplemental Text Material
shall include development standards to be imple-
mented as performance standards for the Specific
Plan area.
1. A statement proposing the method of maintain-
ing common open areas and facilities;
2. A description of the proposed grading program;
3. Identification of proposed future ownership
and maintenance of streets, driveways, side-
walks, pedestrian ways, and open space areas;
4. A brief discussion of the project as it
relates to each of the General Plan Elements
including land use, circulation, environmental
resources management,.. noise, housing, con-
servation, energy and community design. If
a Community Plan is adopted, or pending, that
includes the project site, :the relationship
to that Plan should also be briefly discussed.
In addition, the relationship of the project
with the Growth Management Plan should be
discussed.
After review, the Planning Director shall furnish
the applicant with written comments regarding the
review conference(s) including appropriate recom-
mendations to inform and assist the applicant prior
to preparing the Final Specific Plan.
Section 17.99.090 - Final Specific Plan.
The Final Specific Plan shall consist of the informa-
tion contained in the Draft Specific Plan and other
-11-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
1G
17
18
19
20
21
22
23
24
25
27
23
31
32
additional information as determined by the Planning
Director, Planning Commission, City Council or Re-
development Agency. This additional information shall
include all or a portion of the following:
A. Survey of the property showing existing features
including trees, structures, streets, easements,
utility lines, land uses, existing zoning, and
existing ownerships.
B. Topo map showing areas of major grading.
C. Proposed standards for height, open space, build-
ing intensity, and public improvements.
D. Copies of legal documents required for dedication
or reservation of public or private open space,
or for the creation of homeowners' associations
for open space maintenance.
Section 17.99.100 - Criteria for Reviewing Specific
Plans.
Before recommending approval, the Planning Commission
and City Council shall find that the proposed develop-
ment conforms to the following criteria:
A. The location and design of the proposed develop-
ment shall be consistent with the goals and
policies of the City of Lake Elsinore General
Plan and with any other applicable plan or
policies adopted by the City, or in the process
of being prepared and adopted.
B. The proposed location shall allow the develop-
ment to be well integrated with or adequately
buffered from its surroundings, whichever may be
the case.
C. All vehicular traffic generated by the develop-
ment, either in phased increments or at full
-12-
1
2
31
4I
5~!
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
311
build-out, is to be accommodated safely and with-
out causing undue congestion upon adjoining
streets.
D. The Final Specific Plan shall identify a method-
ology(s) to allow land uses to be adequately
serviced by existing or proposed public facilities
and services. In appropriate circumstances, and
as provided elsewhere by City Code, the City may
require that suitable areas be reserved for
schools, parks and pedestrian ways; or public
open spaces shall be dedicated or reserved by
private covenant for the common use of residents,
establishments or operations in the devleopment.
E. The overall design of the Specific Plan will
produce an attractive, efficient and stable
development.
F. In accordance with the requirements of the Cali-
fornia Environmental Quality Act (CEQA), impacts
have been reduced to a level of non-significance
or in the case where impacts remain, a statement
of overriding considerations must be adopted to
justify the merits of project implementation.
Section 17.99.110 - Approval by Ordinance.
Approval of the Final Specific Plan and/or establish-
ment of (SP) Specific Plan Zoning shall be by ordi-
nance. Approval of zoning to SP shall include but
not be limited to the following stipulations:
A, Unless otherwise specified in the Final Specific
Plan, the regulations provided in the City Zon-
ing Code shall apply. Approval of the Specific
Plan. shall not be interpreted as waiving
compliance with other provisions of the City of
-13-
1
2
3
4~
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
271
29
30
31
32
Lake Elsinore City Code except in those-areas
where the Specific Plan expressly regulates a
use.
B. The approved Final Specific Plan shall be filed
in the. off ice of the City Clerk and in the City
Planning Department.
C. No building shall be constructed, maintained or
used other than for the purpose specified in the
approved Final Specific Plan, as filed, nor prior
to the approval of a Site Plan as required here-
inafter.
Section 17.99.120 - Specific Plan Approval, Denial
and Modifications.
The Planning Commission may recommend to the City
Council approval or denial of the Specific Plan or
may recommend approval subject to specified modifica-
tions and conditions.
The City Council may approve, approve with modifica-
tions or conditions, or deny the Final Specific Plan,
provided. that, ih overruling_ a Planning Commission
recommendation for denial, the City Council shall
make the findings listed in Section 17.99.100 of
this District.
Minor changes to an approved Final Specific Plan may
be made by the Planning Director, provided that such
changes are .consistent with the purpose and character
of the approved Final Specific Plan.
Such minor changes shall not substantially deviate
from the densities established in the approved Final
Specific Plan, or the boundaries of the subject pro-
perty, or any use as shown on the approved Final
Specific Plan, or the locations or amounts of land
-14-
1
2
3
4
5
6
7
8
9
10
it
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
devoted to specific land uses. All modifications or
amendments to an approved Final Specific Plan other
than said minor changes shall be processed as a
Specific Plan amendment and shall be subject to all
Specific Plan procedures.
Section 17.99.130 - Concurrent Actions.
The Planning Commission and the City Council may act
upon a Subdivision Map and Site Plan for all or por-
tions of the Final Specific Plan concurrently with
an approval action on the Final Specific Plan.
Section 17.99.140 - Site Plan and Subdivision Map
Review.
The purpose of a site plan is to provide the City
with a detailed development plan that utilizes the
development standards defined in the Specific Plan.
The following criteria shall be applied to all por-
tions of the Specific Plan requiring site plan re-
view:
A. A topographic map of sifficient detail to show
all cuts and fills, precise drainage and flood
control proposals, and boundary data.
B. Detailed site plan, showing lot or site dimen-
sions; traffic and pedestrian circulation;
location, widths, grades and types of improve-
ments proposed for all streets, parking areas
and driveways, walkways, trails, utilities, and
other public improvements; building height,
location, size and proposed use; yards and space
between buildings and distances from property
lines and right-of-ways, walls and fences to
include location, height and materials; location,
size and height of all signs; and loading areas.
-15-
1
2
3
4
5
6
7
8
9
10!
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
C. Building plans and elevations (typical).
D. A landscape, staking and irrigation plan.
E. A Tentative Subdivision Map shall be submitted
if applicable showing precise divisions of the
land for the sale or lease of individual pro-
perty, if any, as provided in the State Map Act
and the City of Lake Elsinore Subdivision Ordi-
nance.
F. Location and dimensions of public or quasi-public
areas, including but not limited to schools,.
parks, playgrounds, and parking areas. The acre-
age of required open space and parks shall be
based on the City code in effect at the time of
Tentative Map filing.
G. A statement setting forth a program for installa-
tion and continued maintenance of parking :areas;
location and general design of lighting, courts,
public and private grounds, landscaping, streets,
utilities, parks, playgrounds or public or qua'si-
public community buildings and facilities.
Within forty-five (45) days following acceptance of
the application for Site Plan approval, and after all
environmental clearances have been obtained, the Plann-
ing Commission. or besign Review Board shall approve,
conditionally approve. or disapprove the proposed Site
Plan and shall notify the applicant of its action.
If the City Council does not review the application,
as provided by existing City policy an appeal of the
Planning Commission action may be made to the City
Council by the Applicant in accordance with the
appeal procedure of this District.
-16-
1
2
3
4
5
6
7
8
9
10
it
12
13~
14
15
16
l7
18
19
20
21
22
23
24
25
26
27
23
30
31
32
Section 17.99.150 - Site Plan Modifications.
Modifications other than those determined by the
Planning Director to be minor in nature shall be
processed as a Site Plan amendment and shall be
subject to all Site Plan procedures.
Section 17.99.160 - Dedication, Maintenance of Open
Space.
The Planning Commission or City Council, as the ap-
propriate responsible reviewing body may, as a condi-
tion of approval, require that suitable areas for
parks be dedicated or in-lieu fees be paid as deter-
mined for the entire Specific Plan area, and for
schools, and other public use facilities, land be
reserved for public use, or be reserved for the owners
and residents in the development by deed restrictions.
Whenever group or common open. space is provided,
whether required or not, the Planning Commission, or
City Council shall, as a condition. of approval, upon
review require that some provision be made for
perpetual maintenance of said open space. The form
of any instrument used to assure open space maintenance
shall be approved by the City Attorney and Planning
Director as to form and content. Agreements and
covenants running with the land shall include pro-
visions for charges to be levied for carrying out the
specified functions and administrative expenses of
said perpetual maintenance. The City shall be a
party in interest in any such development and may,
by mandatory injunction or other appropriate actions,
enforce the provisions of this District.
To assure that open space shall be available for
the Specific Plan Zone, public sites and transfer of
-17-
1
2
3'
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
24
25
26
27
28
29
30
31
32
development rights within the Specific Plan area in
exchange for open spaces shall be dedicated in advance
of development (prior to issuance of building permits)
whenever such dedication is required, even in those
cases when a subdivision map is not required.
Other dedications for street, utility and flood
control rights-of-way and for easements and other
public purposes may also be required before the
issuance of the first building permit.
Section 17.99.170 - Tentative and Final Subdivision
Map.
A Master Subdivision Map or Parcel Map, which purpose
is to subdivide large parcels, may be prepared and
submitted for approval to the City prior to individual
site plan and tentative map approval. A grading per-
mit based on all or a portion of this Master Sub-
division Map or Parcel Map may be issued after ap-
proval of such Master Subdivision Map or Parcel Map.
Such grading permit may be issued prior to approval
of individual site plans.
A Tentative Subdivision Map. or Parcel P4ap submitted
in combination with or after approval of the Site
Plan shall not be approved for recordation by the
City Council until after the (SP) Specific Plan
Zoning and an approved Final Specific Plan have
become effective.
No building permit shall be issued until a Final
Subdivision Map or Parcel Map, if required, has
been prepared for the Site Plan or any approved
state thereof, in compliance with the State Map Act
and the City of Lake Elsinore Subdivision Ordinance.
-ls-
1
2
3'
4
5
6
7
8
9
10
11
12
13
14
15
16
la
18
19
20
21
22
23
24
25
28
29
30
31
32
Section 17.99.180 - Site Plan and Tentative Sub-
division Map Appeal.
The applicant may appeal the action of the Planning
Commission in writing to the City Council. Such ap-
peal shall be filed in duplicate with the Planning
Department within ten (10) days after the decision.
The Planning Director shall forward the duplicate
copy of the Appeal to the City Clerk. The City
Council shall consider the appeal at a regular meet-
ing within thirty (30) calendar days following the
receipt by the Clerk of the duplicate copy, or within
such time as the Council shall continue the matter.
The City Council shall review the site plan and shall
recommend approval, approval with conditions, or dis-
approval.
Section 17.99.035 - Definitions.
For the purpose of this section, the following words
and phrases shall have the meaning indicated:
A. Applicant. The party filing the application for
and requesting a Specific Plan Zone designation
for particular parcel(s) of land. The applicant
may be the City of Lake Elsinore, a property
owner or group of property owners or their de-
signated representative for the particular parcel(s)
of land for. which the Specific Plan Zone is re-
quested.
B. Building Permit. A permit issued by the City that
allows the building of a structure, according to
the specified conditions of the permit, where
located on the approved grading plan.
C. Criteria. The actual means employed to review
-19-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
and judge the effectiveness of the Specific Plan.
D. Dedicated. Land, improvements or both dedicated
by the landowner or developer to a public or
quasi-public agency thereby releasing certain
obligations from the landowner or developer.
E. Development Plan. A mandatory requirement of
the Specific Plan identifying areas on a map
proposed for various land uses, backbone circula-
tion systems, public use areas, open space areas,
major landscape features and other general items
as required by the City.
F. Development Standards. A set of customized
standards devised for the purpose of guiding and
controlling future development on the property
to ensure compliance with the proposed character
of design described in the Specific Plan. They
may be developed for a particular project or
reference existing zoning districts.
G. Draft Specific Plan. A preliminary compilation
of Specific Plan components, including sketch
plans of the development plan and an outline of
the supplementary text material, the purpose of
which is to expose the development concept and
to solicit City responses and comments on the
development concept.
H. Environmental Studies. Includes various require-
ments of the California Environmental Quality Act.
I. Final Specific Plan. A final representation of
the proposed development for a Specific Plan area
that includes the information required by the City.
The Final Specific Plan, as approved by the Plann-
ing Commission and City Council, shall be con-
-20-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
27
28
29
30
31
32
sidered an official zoning document for parcel(s)
with approved (SP) Specific Plan Zoning as placed
on the Official Zoning Map.
J. Grading Permit. A permit issued by the City that
allows grading to occur, according to the specified
conditions of the permit, on the terrain of the
Specific Plan area.
K. Performance Standards. The Development Standards
provided by the Specific Plan are to be enforced
as Performance Standards when detailed Site Plans
and Subdivision Maps are prepared. Project de-
sign is to be evaluated by the measure of perfor-
mance described by the development standards.
L. Private Open Space. Open. Space lands identified
in the Specific Plan that are recognized as being
for the private use, enjoyment or primary benefit
of a limited group of people, generally restricted
to the residents and their guests of the Specific
Plan area.
M. Public Open Space. Open Space lands identified
in the Specific Plan that are recognized as being
for the use, enjoyment or primary benefit to the
general public.
N. Reservation (Reserved). The setting aside of land
for a specific purpose as required in the Specific
Plan.
O. Site Plan. A detailed development plan illustrat-
ing the precise locations and dimensions of
parcels, buildings, circulation systems, public
uses, urban design elements and other precise
development elements as required by the city, the
Specific Plan District or as necessary to illus-
-21-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
26
27
28
29
30
31
32
trate site plan concepts.
P. Sketch Plans. A preliminary, working combination
of land uses and development intensities designed
as a mandatory component of the Draft Specific
Plan.
Q. Specific Plan. The legal document consisting of
a Development Plan and Supplementary Text Material
that describes the character and building inten-
sity of proposed development standards to guide
developers and designers of the property.
R. Specific Plan Designation. A special purpose
"Specific Plan Area" that is designated in the
City's General Plan. The development intensity
policy is designated on the General Plan Land Use
Map or in the text of the General Plan. All areas
that have a Specific Plan designation in the City's
General Plan must be developed with an approved
Specific Plan and must have (SP) Specific Plan
Zoning.
S. Specific Plan District. That District of the Lake
Elsinore Zoning Ordinance permitting the establish-
ment of Specific Plan Zones.
T. Specific Plan Zones. An official zone established
for specific parcel(s) of land for which particular
intensities of land uses or combination of land
uses are proposed and guided by a Specific Plan
document. A designation of (SP) is placed on the
City's official zoning map upon approval, by
ordinance, of Specific Plan Zoning for parcel(s)
of land.
U. Subsequent Reviews. Reviews of discretionary
actions as required to complete the development
_22_
1
2
3
4
5
6
7
g
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
271
31
32
process concurrent with or subsequent to Specific
Plan and ($P) Specific Plan approval.
V. Supplementary Text Material. A mandatory require-
ment of the Specific Plan describing, in written
form, the character of the proposed development
guided by specific devleopment standards.
SECTION TWO•
This ordinance shall take effect as provided by law.
INTRODUCED AND PASSED UPON FIRST READING this 24th
day of August 1982, upon the following roll
call vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH
NOES : NONE
ABSENT.:`-:NONE
ABSTENTIONS::: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
28th day of September , 1982, upon the
following roll call vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELF., UNSp10RTH
NOES ; NONE
ABSENT: NONE
ABSTENTIONS t:, NONE
S hn G. Unsworth, Mayor
ATTEST:
1
i
~~~ ~ fifl/JIG~
Deborah Harrington, Cit~ Clerk
(SEAL)
-23-
/'~'~.r~Y~/~/'1/~~`/ A _ _ `D~/~Q/Y'Y~ `'S!'~ Fw/l~~/•~ ~EXhi _ A~i SPD)
scswT StB+1/T'li~Am ~.wrt? yriNAL, ft.WN.NG FINAL
Fac ft~W £a~EUHrift/VY' Sf~Cf+~G/L{N ~~'1~f~"~ lL(Al M~
~ ~ ',
~ ~ I _._ __
K.~NNNS I /,yFsRFNTwv,~ ~ crry T~l~r
cArwttssMJ I .cf~~ e/i/// ~ cou~c~ MfiP ~
t P ~
1
~ j
_. j ~ ~ ~ I
rrer/ ~nr6 _ ~
AGTERNAT/VE 8 'Md1VL0/~(D/r/ONf1L C5P) ZA'V/~1(d
F~.~W ~~//~•~¢,q~/ xC~x/f 7`n~4L fY.4NN~HG ~
yEUHGitMP SFI~F/G/L4N~. CurLM/9f~
/NFgQti}4~'77eJ~ ~
S MF
C?y
~~~
TE~Tif/tE
AfiSP
~-
i
i s.~
MqP
ORDINANCE NO. 655
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AMENDING ORDINANCE
NO. 641 AND LAKE ELSINORE MUNICIPAL CODE CHAPTER
6.06 CONCERNING CONTROL OF DOGS
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA
DOES ORDAIN AS FOLLOWS:
SECTION ONE.
Ordinance No. 641 and Lake Elsinore Municipal Code
Section 6.04.010 are hereby amended to add subsection J, which is
to read as follows:
SENTRY DOG. Any dog trained to work without supervision
in a fenced facility and to deter or detain unauthorized persons
found within the facility.
SECTION TWO.
Ordinance No. 641 and Lake Elsinore Municipal Code
Section 6.04.140 L are hereby amended to read as follows:
L. For the owner or person in charge thereof of any
sentry dog to fail, neglect, or refuse to keep posted in a
conspicuous place at or near the entrance to the premises on which
said dog is kept, a sign having letters at least two inches in
width and reading "sentry dog on duty" No sentry dog shall be
permitted to leave the premises of the owner or person in charge
thereof unless such dog is under the immediate control and physical
restraint of such owner or person.
SECTION THREE.
Ordinance No. 641 and Lake Elsinore Municipal Code
Section 6.04.140 are hereby amended to add subsection M, which is
to read as follows:
For any person knowingly to violate or cause to be
violated any of the provisions of this Chapter.
SECTION FOUR.
This ordinance shall take effect as provided by law.
INTRODUCED AND PASSED UPON FIRST READING THIS 24th
day of AUGUST , 1982, upon the following roll
call vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH
NOES: NONE
ABSENT: NONE
ABSTENTIONS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
14th day of September , 1982, upon the
following roll call vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH
NOES: NONE
ABSENT: NONE
ABSTENTIONS: NONE
JO G. UNSWORTH, Mayor
ATTEST: APPROVED AS TO FORM:
DEBORAH A. HARRINGTO , City Clerk JOHN M. PORTER, City A torney
-2-
,_;
ORDINANCE NO. 656
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADOPTING CERTAIN ZONING STANDARDS
FOR USE ONLY WITHIN THE AREA DESIGNATED AS
THE RAMSGATE ANNEXATION AREA.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION ONE:
As authorized by Section 65859 of the Government Code of
the State of California, a city may prezone unincorporated territory
adjoining such city for the purposes of determining the zoning which
would apply to property in the event of a subsequent annexation to
said city. Therefore, the City of Lake Elsinore hereby utilizes
only the Riverside County Zoning Ordinance, (R-R) Rural Residential
District, as modified, and the Specific Plan District Ordinance, and
establishes said Ordinances as the zoning for said Ramsgate Annexa-
tion Area as described below and on "Exhibit R," attached hereto
and made a part hereof.
SECTION TWO:
The City of Lake Elsinore, California, shall utilize the
following zoning districts only within the Ramsgate Annexation Area:
Chapter 17.15 0 (R-R) Rural-Residential District
Chapter 17.99 - (SPD) Specific Plan District
SECTION THREE:
The Ramsgate Annexation Area, which contains approximately
1,632 acres, shall be generally described as follows, with the
specified zoning designated;
Parcel #1: Specific Plan District
Being a portion of Section 28, 29, and 33 T.5.S., R.4.W.,
S.B.M., described as follows:
1. The North 1/2 of the SW 1/4 of said Section 28.
2. The SW 1/4 of the SW 1/4 of said Section 28.
3. All of Lots 10, 11, 12, and 13 of Townsend's
Subdivision as recorded in Book 13, Page 619
Book of Maps, Records of San Diego County,
all within said Section 28.
4. The SE 1/4 of the SE 1/4 of said Section 29.
5. All of said .Section 33 except the East 1/2 of
the NE 1/4 of said Section.
Parcel #2: Rural-Residential District
Being a portion of Section 32, T.S.S., R.4.W., S.B.M.
described as follows:
1. The SE 1/4 of said section.
2. The South 1/2 of the NE 1/4 of said section.
3. The East 1/2 of the NW 1/4 of said section,
excepting therefrom the NE 1/4 of the NE 1/4
of said NW 1/4.
4. The East 1/2 of the SW 1/4 of said section.
Parcel #3: Rural-Residential District
Being a portion of Section 29, R.5.S., R.4.W., S.B.M.
described as follows;
The North 1/2 of the Southeast 1/4 of said Section
29 together with the Southwest 1/4 of the Southeast
1/4 of said section.
Parcel #4: Rural-Residential District
A portion of N 1/2 of Section 28 T.S.S., R.4.W., S.B.M.
described as follows:
The easterly 300.00 feet of the Northerly 114.00 feet
of the easterly 1/2 of Lot 9 of Townsend's Subdivision
as shown on maps on file in Book 13, Page 619 of Maps
Records of San Diego County excepting therefrom the
Northerly 14 feet as granted as Riverside Street.
Parcel #5: Specific Plan District
Portions of sections 29 and 32 of T.5.S., R.4.W., S.B.M.
described as follows:
1. All of the west 1/2 of Section 29 lying southerly
of the centerline of State Highway 74 excepting
therefrom Parcel Map PM 75/62 and Parcel Map
PM 57/18 as recorded in the Office of the County
Recorder, Riverside County.
-2-
2. The N 1/2 of the NE 1/4 of Section 32 recorded
as Parcel Map 73/69 in the Office of said County
Recorder, Riverside County.
3. The NE 1/4 of NE 1/4 of the NW 1/4 of Section 32.
Parcel #6: Specific Plan District
A portion of the N 1/2 Section. 28 T.5.S., R.4.W., S.B.M.,
described as follows:
The easterly 1/2 of Lot 9 in Townsend's Subdivision
as shown on maps on file in Book 13, page 619 of Maps
of Records of San Diego County excepting therefrom
the easterly 300.0.0 feet of the northerly 114.00 feet
of said Lot 9.
Parcel #7: Specific Plan District
Being a portion of the N 1/2 section 28 T.S.S., R.4.W.,
S.B.M., described as follows:
The west one-fourth of Lot 2 and all of Lots 3, 4 and
5 of Townsend's Subdivision as shown on map in file
in Book 13, Page 619 of Maps, Records of San Diego
County.
Parcel #8: Specific Plan District
Being a portion of section 28 T.S.S., R.4.W., S.B.M.,
described as follows:
The Southeast quarter of the Southwest quarter and
the Southwest quarter of the Southeast quarter of
said section, recorded in the Office of the County
Recorder as Parcel Map 1-0,234 as PM 49/92 Records
of Riverside County.
SECTION FOUR:
This ordinance shall take effect as provided by law.
INTRODUCED AND PASSED UPON FIRST READING THIS 14th
day of September 1982 upon the following roll call vote:
-3-
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH
NOES: NONE
ABSENT: NONE
ABSTENTIONS: NONE
PA.
28th day
call vote:
AYES.:
NOES:
ABSENT:
ABSTENTIONS:
iSED, APPROVED AND ADOPTED UPON SECOND READING this
of September 1982 upon the following roll
KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH
NONE
NONE
NONE
~Y1 ~.- ~t ~i`-Ltg~s'cJ'r~~1~
John G. Unsworth, Mayor
ATTEST:
/f ' A,t.O~/l~f X~
D borah Harrton, Ci y Clerk
(SEAL)
-4-
Y
_~
p
Y
1
~~
u
u
;,o
o~~
__
_
_ __.....
,_
t
k
~ W
Q t
C
Zc~
JCi '
W~~ E
_. E O i W s ~
~
~Y u _-
.Q
~ .~_.
T < ~
N Jno
W
~E~
,s
U
Y
q
Y ~
~•
o•w ~
~
_~un
oWeo :
iw z
.
zrG i~
dnz- zt
r-noC on
STATE OF CALIFORNIA )
ss.
COUNTY OF RIVERSIDE )
I, Jo Ann Money, City Clerk of the City of Lake Elsinore, DO
HEREBY CERTIFY that the foregoing Ordinance had its first reading on
September 14, 1982 and had its second reading on
September 28, 1982 and was passed by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH
NONE
NONE
J ANN P10NEY, CITY CLERK
Y OF LAKE ELSINORE
(SEAL)
ORDINANCE NO. 657
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA AMENDING
PORTIONS OF ORDINANCE NO. 399, ORDINANCE
NO. 465, ORDINANCE NO. 521, AND ORDINANCE
NO. 538, AND PORTIONS OF LAKE ELSINORE
MUNICIPAL CODE CHAPTERS 5.08 AND 5.16
CONCERNING BUSINESS LICENSE FEES TO
PROVIDE FOR NEW CATEGORIES TO COMPUTE
APPLICABLE BUSINESS LICENSE FEES AND TO
PROVIDE FOR A NEW MANNER BY WHICH SAID
FEES ARE ESTABLISHED AND AMENDED
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA
DOES ORDAIN AS FOLLOWS:
SECTION ONE.
Ordinance No. 399, Section G, and Lake Elsinore Municipal
Code Section 5.08.060 B are hereby amended such that the phrase "a
fee of $1.00" is deleted from the second to the last sentence and
the phrase "the fee established by resolution" is substituted
therefor.
SECTION TWO.
Ordinance No. 399, Section H, and Lake Elsinore Municipal
Code Section 5.08.120 are hereby amended by deleting the first
sentence and substituting the following sentence in its place:
"For every business or occupation which requires a special permit
from the City Manager, the issuance of said permit shall be based
upon a finding by the City Manager or his designee pursuant to the
following standards:"
SECTION THREE.
Ordinance No. 399, Section H, and Lake Elsinore Municipal
Code Section 5.08.130 are hereby amended such that the phrase
"shall make a charge of $1.00" is deleted and the phrase "shall
charge the fee established by resolution" is substituted therefor.
SECTION FOUR.
Ordinance No. 399, Section I(7) and Lake Elsinore
Municipal Code Section 5.08.160 B are hereby amended such that the
phrase "a fee of $5.00" is deleted and the phrase "the fee
established by resolution" is substituted therefor.
SECTION FIVE.
Ordinance No. 399, Section I(7) and Lake Elsinore
Municipal Code Section 5.08.160 C are hereby amended to read .as
follows:
Upon receipt thereof, the original application shall be
referred to the City's law enforcement agency, which shall cause
such investigation of applicant's business and moral character to
be made as is deemed necessary for the protection of the public
good. If, as a result of such investigation, applicant's character
or business responsibility is found to be unsatisfactory, the
City's law enforcement agency shall endorse on such application
such disapproval and the reasons for such disapproval and return
said application to the City Clerk, who shall notify the applicant
that the application is disapproved and that no permit or license
will be issued.
SECTION SIX.
Ordinance No. 399, Section I(7) and Lake Elsinore
Municipal Code Section 5.08.160 D are hereby amended to read as
follows:
Any person aggrieved by the action of the City's law
enforcement agency or the City Clerk in the denial of a license
shall have the right to appeal to the City Manager. Such appeal
shall be taken by filing with the City Manager, within fourteen
(14) days after notice of the action complained of has been mailed
to such person's last address, a written statement setting forth
fully the grounds for appeal. The City Manager or his designee
shall set a time. and place for a hearing on such appeal and notice
of hearing shall be given to the applicant by mailing such notice,
postage prepaid, to his last known address at least ten (10) days
prior to the date set for the hearing. The decision and order of
the City Manager on such appeal shall be subject to further
administrative appeal to the City Council, by filing with the City
Clerk, within fourteen (14) days after notice of the decision and
order of the City Manager is given.
SECTION SEVEN.
Ordinance No. 399, Section I(7) and Lake Elsinore
Municipal Code Section 5.08.160 E are hereby amended such that the
-2-
phrase "Chief of Police shall endorse on the application his" is
deleted and the phrase "City's law enforcement agency shall endorse
on the application its" is substituted therefor.
SECTION EIGHT.
Ordinance No. 399, Section I(7) and Lake Elsinore
Municipal Code Section 5.08.160 F (3) are hereby amended such that
the phrase "amount paid therefor" is deleted and the phrase
"category and amount paid therefor" is substituted therefor.
SECTION NINE.
Ordinance No. 399, Section J and Lake Elsinore Municipal
Code Section 5.08.180 are hereby amended such that the phrase
"Chief of Police and all police officers" is deleted and the phrase
"City's law enforcement agency and all code enforcement officers"
is substituted therefor.
SECTION TEN.
Ordinance No. 399, Section K and Lake Elsinore Municipal
Code Section 5.08.200 are hereby amended to read as follows:
For failure to pay a business license fee when due, the
City Clerk shall add the following penalties: ten percent (10~) of
the business license fee on the fifteenth (15th) day of the month
following the due date; twenty five percent (25~) on the fifteenth
(15th) day of the second month following the due date; and fifty
percent (50~) on the fifteenth (15th) day of the third month after
the due date thereof; provided that the amount of such penalties to
be added shall in no event exceed fifty percent (50~) of the amount
of the business license fee due.
SECTION ELEVEN.
Ordinance No. 399, Section M(2) and Lake Elsinore
Municipal Code Section 5.08.220 are hereby repealed.
SECTION TWELVE.
Ordinance No. 399, Section M(3) and Lake Elsinore
Municipal Code Section 5.08.230 are hereby amended to read as
follows:
A. Unless otherwise provided by law, business licenses
shall be issued for a one-year period and the fees, as established
by resolution, shall be paid in full at the time of issuance.
B. If an applicant for an annual business license
-3-
intends to conduct a business for six (6) months or less, said
applicant may be granted a business license for a minimum period of
six (6) months upon payment of fifty percent (50~) of the total
annual fee, as established by resolution.
SECTION THIRTEEN.
Ordinance No. 399, Section P(1) through Section R,
including Ordinance No. 465, Section 4 and Ordinance No. 521,
Section 1, as they amend Ordinance No. 399, Section P(6)(1), and
Ordinance No. 538, Section A as it amends Ordinance No. 399,
Section P(6)(55), and Lake Elsinore Municipal Section 5.16.020
through Section 5.16.660 are hereby repealed, and replaced with the
following newly enacted Sections:
5.16.020 Business License Fees.
A. The business license fees for the various classi-
fications of businesses shall be established by a resolution of the
City Council.
B. Unless otherwise provided by resolution of the City
Council, business license fees shall increase each year on July 1,
by ten percent (10~) over the fee which was in effect on the
immediately preceding June 30, of such year.
C. At any time, the City Council may by resolution
increase or decrease the business license fees.
5.16.030 Classifications.
A. Each business, profession, vocation, calling, trade,
occupation, show, exhibition, and game shall pay the business
license fee specified for the following classifications:
1. General;
2. Skilled and professional;
3. Contractors;
4. Brokers;
5. Rentals;
6. Vending machines; and
7. Miscellaneous.
B. In the event a business, profession, vocation,
calling, trade, occupation, show, exhibition or game does not
readily appear to fall in one of the above listed classifications,
then the City Manager, or his designee, shall determine which
-4-
classification shall be applicable, and any person aggrieved by
such decision may administratively appeal such decision to the City
Council.
5.16.040 General Classification..
The "general" classification includes any category not
specifically described by another classification and includes, by
way of example, the following:
1. Bootblack or shoe shining parlor or stand;
2. Cigars and tobacco stands or shops;
3. Messenger service;
4. Popcorn and nut store or shop;
5. Awning and tent store;
6. Bath and bath house;
7. Books and stationery store;
8. Carpentry shop, where woodworking or repairing is done;
9. Delicatessen;
10. Electrical fixtures and supplies. Where contracting
also is done, a separate license fee for such contracting shall also
be paid;
11. Employment agency or bureau;
12. Escrow business;
13. Florist shop or flower stand;
14. Gift, art or curio shop or store;
15. Harness, saddlery or tack shop;
16. Hat shop or store;
17. Hat blocking and cleaning;
18. Hemstitching and pleating;
19. Jewelry store or shop, including jewelry, watch or
clock repair;
20. Luggage shop, including trunks and other travel
equipment;
~ 21. Millinery store;
22. Nursery or gardening, selling nursery stock or
conducting a gardening business. Where contracting also is done, a
separate license fee for such contracting shall also be paid;
23. Paint and oil dealer;
24. Planing or molding mill;
-5-
25. Seed store;
26. Stable;
27. Tailor shop;
28. Upholstery shop;
29. Warehouse, including moving and storage;
30. Cobbler;
31. Advertising, posting, affixing, stenciling or painting,
advertising bills or signs upon any post, fence, billboard,
advertising signboard, building, or other structure, as well as
operating or maintaining any billboard, signboard, advertising
structure or sign device; distributing posters, circulars, handbills,
brochures, or other printed advertising matter; solicitation of
advertising for any publication, poster, circular, handbill, brochure
or other printed matter. The advertisement of a business licensed
under any other classification shall not require an additional
license fee if such advertising pertains to the particular business
licensed;
32. Air conditioning and refrigeration sales and service.
When contracting also is done, a separate license fee for such
contracting shall be also paid;
33. Aircraft sales, maintenance, repair, storage or rental;
aircraft accessories; flying instructions or carrying passengers for
hire in aircraft;
34. Blacksmith shop or forge and horseshoeing;
35. Blueprint or map making;
36. Candy store, where candy is manufactured and/or sold;
37. Clothing and furnishings;
38. Dry goods store;
39. Heating sales and service. Where contracting also is
done, a separate license fee for such contracting shall be also paid;
~ 40. Household appliances and furnishings;
41. Ice cream or ice. milk dealer or manufacturer;
42. Job printing office or plant;
43. Machine shop for manufacture of machines, machinery or
parts;
44. Neon signs; manufacturing, selling, dealing or
servicing of neon or other tubular electrical signs. When contracting
-6-
also is done, a separate license fee for such contracting shall be
also paid;
45. Plumbing fixtures and supplies. When contracting also
is done, a separate license fee for such contracting shall be also
paid;
46. Radio and/or television store, where radios or
televisions or parts are sold or serviced;
47. Sheet metal works. When contracting also is done, a
separate license fee for such contracting shall be also paid;
48. Shoe store;
49. Sporting goods shop;
50. Collection agency or credit bureau;
51. Creamery;
52. Drug store;
53. Newspaper, magazines, and other publications;
54. Office supplies and equipment; selling or servicing
office supplies, machines or equipment;
55. Dance hall (public); a place where dancing is conducted,
whether for profit or not for profit and to which the public is
admitted, either with or without charge or at which the public is
allowed to participate in the dancing, either with or without charge.
In addition to a business license, every public dance hall or ballroom
shall be required to have a special permit issued by the City Manager;
56. Dancing school;
57. Golf driving range or archery range;
58. Riding academy or school;
59. Skating rink;
60. Swimming pool;
61. Theaters or shows; including motion pictures or
vaudeville theater at an established place of business wholly within a
permanent building constructed for theatrical purposes;
62. Art gallery;
63. Astrologer; including every person who carries on,
practices or professes to practice the business or art of astrology,
palmistry, phrenology, life readings, fortune telling, cartomancy,
handwriting analysis, chirography, clairvoyance, clairaudience,
crystal gazing, hypnotism, mediumship, prophecy, augury, divination,
-7-
magic, necromancy, numerology, or similar business, trade or calling,
and who shall not be prohibited from doing or conducting any of these
practices, professions, businesses or callings by any statute of this
State, ordinance of this City, or by any other law, and who demands or
receives a fee or compensation for the exercise or exhibition thereof,
except that the provisions of this section shall not apply to those
persons providing bona fide and incidental entertainment and amusement
for the guests and patrons of and on the premises of any business duly
licensed by the City for which no separate or additional charge or
consideration shall be paid by the guests or patrons or received or
accepted by the person who performs or practices astrology.
Additionally, a special permit from the City Manager must be
obtained;
64. Auction; for the business of selling lands, tenements,
hereditaments, goods, wares, merchandise or real or personal property
of any kind or description at auction or public outcry, except no
license shall be required for the selling at public sale of goods or
property belonging to the United States or to the State or by virtue
of process issued by any state or federal court or by the legally
appointed administrator, executor or guardian of an estate.
Additionally, a special permit shall be obtained from the City
Manager;
65. Automobile; automobile and other motorized equipment
sales and rentals, including, automobile accessories, motorcycles,
motor scooters, garages or service stations for automobiles and
related vehicles; parking lots or storage yards for automobiles;
businesses engaged in painting of automobiles and other vehicles;
and taxis. The owner and operator of any taxi shall first file an
application with the City's law enforcement agency, together with
finger prints and photographs, and the City's law enforcement agency
shall make an investigation of said applicant and operator, and shall
file a certificate with the City Clerk if said investigation shows
that the record of the applicant and operator will not prejudice the
public, peace, safety, morals or welfare; automobile top or
upholstering shop; automobile wash rack or automobile wash place; and
automobile wrecking yard;
66. Bakery or baked goods shop;
-8-
67. Bankrupt, assigned or damaged goods; for selling or
offering for sale bankrupt, assigned or damaged stock of goods, wares
or merchandise of whatever nature or kind. Additionally, a special
permit must be obtained from the City Manager;
68. Barbershop;
69. Beautyshop, with or without sale of toilet articles or
cosmetics;
70. Beer tavern;
71. Bicycle or motor driven cycle stand or shop, for the
repair, rental or sale of bicycles, motor driven cycles, or
accessories;
72. Bottled water delivery;
73. Brickyard; where brick is manufactured or from which
brick is sold;
74. Building supplies;
75. Building cleaners; for cleaning rooms or furnishings;
76. Carpet and rug cleaners; for cleaning carpets or rugs or
related materials or surfaces;
77. Private clubs; such as tennis clubs, golf clubs, country
clubs, where recreational sport or other facilities are provided for
members and others;
78. Dairy; including wholesale and retail production and
sale of milk and dairy products;
79. Department store;
80. Eating places, catering services, restaurants, lunch
counters, and snack bars. For every eating place at which any dancing
club, public dance or public dance hall is conducted in conjunction
therewith, the license fees herein otherwise provided shall be paid in
addition to the license fees for said eating place;
81. Dime stores; or other retail stores operating under
similar foremat;
82. Furniture store; selling or dealing in new or second
hand furniture or both;
83. Gasoline delivery tanks; including the business of
carrying on or managing the business of buying, selling or dealing in
petroleum products at wholesale;
84. Grocery stores and markets; where meat, fish, poultry,
-9-
egg, and butter products and household goods and related products are
sold;
85. Hardware store;
86. Manufacturing of retail or wholesale products;
87. Ice; manufacturing, distributing or vending ice;
88. Investments and loan business;
89. Laundry; and other businesses for cleaning or pressing
clothing and other materials;
90. Liquor store;
91. Locksmith; including conducting, carrying on or engaging
in key or lock repair business or shop; providing that there first
shall be procured from the City's law enforcement agency and filed
with the City Clerk a certificate that the applicant has been
investigated and it has been determined that the issuance of such
license will not prejudice the public, peace, safety, morals or
welfare;
92. Lumber business or lumber yard; either wholesale or
retail;
93. Music dealer; including the sale or rental of music and
musical instruments;
94. Nursery school; for the care of children;
95. Packing house;
96. (RESERVED)
97. Peddler;
98. Camera shop; photography business; film processing and
photography accessories;
99. Prefabricated buildings; including the sale of such
buildings. Where contracting also is done, a separate license fee for
such contracting shall be also paid;
100. Rock, sand and gravel; sales or delivery, including
acceptance of orders for the sale of rock, sand or gravel which is
removed from the premises by the purchaser;
101. Second hand dealer, involved in the sale or trade of
second hand goods, wares or merchandise. Additionally, a special
permit from the City Manager is required;
102. Solicitor;
-10-
103. Telegraph company for intrastate business;
104. Towel distributor; including distribution of towels,
linens or napkins to businesses, houses, or offices, either by local
or out-or-town operators;
105. Commercial traveler;
106. (RESERVED)
107. Record, tape and phonograph stores; including businesses
engaged in the selling, renting or otherwise dealing in recorded
music, music machines, or musical equipment;
108. Woodyards; including businesses selling and/or
delivering firewood.
5.16.050 Skilled and Professional.
The "skilled and professional classification" includes
professional businesses and establishments offering skilled services,
and includes, by way of example, the following:
1. Accountants;
2. Attorney at law;
3. Engineer or surveryor;
4. Laboratory, chemical or other type;
5. Veterinarian;
6. Architect or designer, engaged in the business of
preparing plans and specifications for buildings, structures or other
projects;
7. Doctors, dentists, chiropractors, and other health care
providers; and undertakers and mortuaries.
5.16.060 Contractors.
The "contractors classification" includes general. engineering
contractors; general building contractors; boiler, hot water heating,
steam fitting; cabinet and mill work; cement and concrete; electrical
(general); electric signs; elevator installation; excavating, grading,
trenching, paving, and surfacing; fire protection engineering;
flooring (wood); glazing; house and building moving; insulation;
landscaping; lathing; masonry; ornamental metals; painting and
decorating; plastering; plumbing; refrigeration; roofing; sewer,
sewage disposal, drains, and cement pipe laying; sheet metal; steel
(reinforcing); steel (structural); structural pest control; the
(ceramic or mosaic); warm air heating, ventilating, air conditioning;
-11-
welding; well drilling; classified specialists; and other businesses
such as refuse collection; ambulance services; and cable television
companies.
16.070 Brokers.
The "brokers classification" includes persons engaged in the
occupation of broker and/or engaged in or carrying on the business of
lending or selling on commission, or making loans for others on
commissions, collecting rents as agents for others, and the transfer
of sale in whatsoever manner the transactions are conducted other than
those carrying on the business of banking, and includes, by way of
example, the following:
1. Stock or bond broker;
2. Real estate broker or agent;
3. Insurance broker (but not an insurance agent).
5.16080 Rentals.
The "rentals classification" includes any person engaged in
the business of operating a hotel, motel, apartment complex, rooming
house, mobile home park, trailer park, or camp grounds or any other
similar type of lease or rental living facility with a total of three
(3) or more units or spaces, and includes, by way of example, the
following:
1. Hotels, motels and apartment houses;
2. Rooming house, boarding houses;
3. Mobile home parks, trailer parks and camp grounds.
5.16.090 Vending Machines.
The "vending machines classification" includes the business of
renting, leasing or operating coin operated vending machines, and
includes, by way of example, the following:
1. Cigarette or tobacco machines;
2. Food or beverage machines;
3. Postage stamp machines.
5.16.100 Miscellaneous.
The "miscellaneous classification" includes such businesses
operating exclusively with a vehicle for advertising, delivering, or
selling goods, wares or merchandise, or services, and such other
designated businesses, and includes, by way of example, the following:
-12-
1. Dances;
2. Carnival, circus or rodeo;
3. Swap meets;
4. Arcades;
5. Games;
6. Merry-go-rounds;
7. Shooting galleries;
8. Medicine shows;
9. Pawn shops;
10. Wrecking yards or junk yards;.
11. Bowling alleys;
12. Billiard or pool halls.
5.16.110 More Than One Business.
Each business, vocation, profession or calling licensed
hereunder shall include and embrace the several activities generally
understood and accepted to be associated with a part of the same.
Whenever more than one business is owned or operated on the same
premises, the licensee shall pay the highest business license fee
provided for only one of such businesses, unless otherwise herein
specified. A business license shall be required for each separate
premises.
SECTION FOURTEEN.
This ordinance shall take effect as provided by law.
INTRODUCED AND PASSED UPON FIRST READING this 28th day of
September 1982, upon the following roll call vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH
NOES : NONE
ABSENT: NONE
ABSTENTIONS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 12th
day of October , 1982, upon the following roll
call vote:
-13-
AYES:
NOES:
ABSENT:
ABSTENTIONS:.
ATTEST:
KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH
NONE
NONE
NONE
DEBORAH A. HARRtNGTON, City Clerk
JO N G. UNSWORTH, Mayor
APPROVED AS TO FORM:
JOHN M. PORTER, City Attorney
-14-
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
ss.
I, Jo Ann Money, City Clerk of the City of Lake Elsinore, DO
HEREBY CERTIFY that the foregoing Ordinance had its first reading on
September 28 1982 and had its second reading on
October 12. 1982 and was passed by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
KNIGHT, MACMURRAY,
NONE
NONE
TORN VALENZUELA, UNSWORTH
G(~-~-~-
N P10NEY, CIT CLERK
Y OF LAKE ELSINORE
(SEAL)
ORDINANCE NO. 658
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI-
FORNIA, REZONING CERTAIN PROPERTY TO INCORPORATE
PRESENT COUNTY ZONING DISTRICTS WITHIN THE GATE-
WAY ANNEXATION AREA.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION ONE:
As authorized by Section 65859 of the Government Code of
the State of California, a city may prezone unincorporated territory
adjoining such city for the purposes of determining the zoning which
would apply to property in the event of a subsequent annexation to
said city. Therefore, the City of Lake Elsinore hereby adopts the
Riverside County Zoning Map and the Riverside County Zoning Ordi-
nance, as modified, and establishes said Map and Ordinance as the
zoning for said Gateway Annexation Area.
SECTION TWO:
The Gateway Annexation Area, which contains approximately
455 acres, more or less, shall be geherally described as follows:
Being portions of Sections 29, 30, 31, and 32 of T.5.S.,
R.4.W., S.B.B.& M, more particularly described as follows:
Beginning at the southeast corner of said Section 31,
thence: along the south line of said section, North 89°
27' 40" West 515.93 feet more or less to the northeasterly
right of way line of State Highway 71 (also known as
Interstate Route 15), thence along said right of way line
the following courses:
North 36° 39' 00" West 125.63 feet, thence
North 18° 12" 54" West 63.25 feet, thence
North 36° 39' 00" West 80.00 feet, thence
North 53° 45' 10" West 68.01 feet, thence
North 36° 39" 00" West 105.00 feet, thence
South 53° 21" 00" west 15.00 feet, thence
North 36° 39' 00" West 293.37 feet,
to a tangent 160.00 foot radius curve concave northeasterly,
thence 224.61 feet along the arc of said curve through a
central angle of 80° 26' 02", thence North 46° 12' S8" West
10.00 feet to the southeasterly right of way of Second
Street, thence-along the southeasterly right of way of
Second Street South 43° 47' 02" West 193.91 feet, thence
continuing along said .right of way of said Highway 71,
North 44° 49' 44" West 60.02 feet, thence
North 37° 04' 37" West 536.83 feet, thence
North 36° 39' 00" West 219.10 feet
to a tangent 1000.00 foot radius curve concave northeasterly,
thence along the arc of said curve 161.44 feet through a
central angle of 9° 14' 59", thence North 27° 24' O1" West
192.83 feet to a tangent 1000.00 foot radius curve concave
southwesterly, thence-along the arc of said curve 161.44
feet through a central angle of 9° 14' S9", thence North
36° 39' 00" West 463:62 feet to a tangent 2500.00 foot
'radius curve concave Northeasterly, thence 210.77 feet
along the arc of said curve through a central angle of
4° 59' 50". thence North 31° 49' 10" West 1019.27 feet,
thence North 3° 52' 24" East 37.43 feet to a point on the
southeasterly right of way line of State Highway 74 (also
known as Central Avenue) thence leaving said northeasterly
right of way of State Highway 71, said right of way line
being 50.00 feet from and parallel with the Centerline of
said Highway 74, North 43° 45' 17" East 546.48 feet more
or less to a point on the southwesterly line o£ lot "2"
of Famlee tract recorded in Map Book 14, page 9, Records
of Riverside County, thence continuing along said southerly
line North 46° 16' 04" West to the westerly corner of said
lot, said corner being 40.00 feet from the Centerline of
said Highway 74, thehce continuing along the southeasterly
right of way line of said Highway 74 along a line 40.00 feet
--- from and parallel with the Centerline of said right of way
North 43° 45' 17" East 784.00 feet more or less to the
Centerline of Cambern Avenue, thence South 46° 51' 08" East
10.00 feet along the Centerline of Cambern Avenue to a point
on a line of the extension of the southeasterly right of
-2-
way of said Highway 74, thence continuing along said High-
way 74 right of way on a line 50.00 feet from and parallel
with the centerline of said Highway 74, North 43° 14' S9"
East (Bearing recorded per Tract 11283) 1931.86 feet to a
tangent 1005.37 foot radius curve concave northwesterly,
thence 417.43 feet along the arc of said curve through a
central angle of 23° 47' 21", thence North 19° 27' 38"
East 383.31 feet to a tangent 269.62 foot radius curve
concave southeasterly thehce 213.89 feet along the arc of
said curve through a central angle of 45° 27' OS" thence
North 64° 54' 43" East 561.47 feet more or less to the
beginning of a tangeht 623.57 foot radius curve concave
northwesterly thence along the arc of said curve 555.78 feet
through a central angle of Slo 04' 00" thence continuing
along the southeasterly right of way of said Highway 74
being 50.00 feet from and parallel with the centerline
North 130 49' 49" East (Bearing per Parcel Map 57/18)
884.32 feet to a 666.78 foot radius curve concave south-
easterly, thence along the arc of said curve 131.86 feet
through a central angle of 11° 19' 50" thence leaving said
right of way and continuing along the northerly line of
Parcel Map 57/18 South 64° 23' 47" East 666.78 feet, thence
along the easterly line of said Parcel Map South 00° 32' 13"
West 2488.13 feet to a point on the north line of Section 32,
thence bontinuing along said North line South 89° 55' 43"
West 303.98 feet more or less to the northeasterly corner
of the northwesterly 1/4 of the northwesterly 1/4 of Section
32, thence southerly along the east line of the west 1/2 of
the northwest 1/4 of Section 32, South 00° 25' 08" West
2637.31 feet, thence along the east line of the west 1/2
of the southwest 1/4 of said Section 32, South 000 25' 32"
West 2632.86 feet to the south line of said section, thence
along said south line North 89° 50' 22" West 1320.59 feet
to the southeast corner of said Section 31 being the Point
of beginning.
-3 -
SECTTON THREE:
This ordinance-shall take effect as provided by law.
INTRODUCED AND PASSED UPON FTRST READING this 28th day
of September 1982 upon the following roll call vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSb10RTH
NOES: NONE
ABSENT: NONE
ABSTENTIONS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
12th day of October 1982 upon the following roll
call vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH
NOES: NONE
ABSENT: NONE
ABSTENTIONS: NONE
~,~ ,~ ~~
John G. Unsworth, Mayor
ATTEST:
Deborah Harrington, ~ii~y Clerk
(SEAL)
-4-
STATE OF CALIFORNIA )
ss.
COUNTY OF RIVERSIDE )
I, Jo Ann P1oney, City Clerk of the City of Lake Elsinore, DO
HEREBY CERTIFY that the foregoing Ordinance had its first reading on
September 28, 1982 and had its second reading on
October 12. 1982 and was passed by the following vote:
AYES: COUNCILMEMBERS: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
J N MONEY, CITY CLERK
I Y OF LAKE ELSINORE
(SEAL)
ORDINANCE N0. 660
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AMENDING ORDINANCE
NUMBER 563 SECTION i AND 627 SECTION 4 (PART)
AND LAKE ELSINORE MUNICIPAL CODE SECTION 13.26
170 TO PERMIT SEWER SERVICE CHARGES TO BE ESTAB-
LISHED BY RESOLUTION FOR VARIOUS CATEGORIES OF
SERVICE.
THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DO ORDAIN AS FOLLOWS:
SECTION 1: Ordinance Number 563 Section 1, Ordinance 627 Section
4 (part) and Lake Elsinore Municipal Code Section 13.26.170 are hereby
amended to read as follows:
"13.26.170 Rates designated. The sewer service charge and rates shall
be set by a resolution of the City Council for each of the following categories:
A. Single-Family Residences
B. Multiple-Family Residences
1. Duplex
2. Triplex
3. Foarplex or Apartments
C. Condominiums, Cooperatives and Mobilehome Parks
D. Boarding and Rooming Houses
E. Commercial-Industrial, Hotels, Motels, Auto Courts,
Campgrounds:and Trailer Parks
1. For all Commercial-Industrial, hotels, motels,
auto courts, campgrounds and trailer parks,
there shall be a monthy charge for each unit
of use as follows:
A. One (1) Unit
B. Two (2) Units
C. Three (3) Units
D. Four (4) ormore Units
2. Unit of Use. A Unit of use for the purpose of computing
the monthly sewer charge is one thousand cubic feet or
fraction thereof per month of domestic water delivered
to the premises of the commercial -industrial, hotel,
motel, auto court, campground or trailer park enterprise.
3. Exception. Where an enterprise described in this sub-
section uses, in the opinion of the city manager, an'
excessive percentage of the domestic water delivered to it
for air-conditioning, landscaping or other purposes not
resulting in sewage transportation or treatment require-
ments, the city manager shall make a determination of the
-sewer charge my making a comparison with similar enter-
prises and reviewing water consumption records and shall
thereupon set the rate for each user, operation or enter-
prise. The determination by the city manager of said
sewer charges shall be final unless the assessed persons
shall, within ten days from said determination by the
city manager of said charges, appeal the decision to the
city council. The determination thereupon Shall be final.
F. School.
STATE OF CALIFORNIA
COUNTY OR RIVERSIDE
ss.
I Deborah A. Harrington, City Clerk of the City of Lake Elsinore,
DO HEREBY CERTIFY that the foregoing Ordinance No. 660 was INTRODUCED AND
PASSED by the City Council of the City of Lake Elsinore at a regular City
Council Meeting held on the 12th day of October 1982, and that
it was passed by the following roll call vote:
AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH
NOES: NONE
ABSENT: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th
day of October 1982, by the following roll call vote:
AYES: MAC MURRAY, TORN, VALENZUELA, UNSWORTH
NOES: NONE
ABSENT: KNIGHT
DEBORAH A. HARRINGTON, Cit Clerk
City of Lake Elsinore
(SEAL)
ORDINANCE N0. 661
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA APIENDIPJG SECTION ONE
OF ORDINANCE 564 AND LAKE ELSIPJORE MUNICIPAL
CODE SECTION 5.29.020, EXPANDING THE DEFINITION
OF BINGO
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
ORDAIN AS FOLLOWS:
SECTION ONE.
Section One of Ordinance 564 and Lake Elsinore P1unicipal
Code Section 5.29.020 are amended to read as follows:
As used in this ordinance "bingo" means a game of
chance in which prizes are awarded on the basis of
designated numbers or symbols on a card which con-
form to numbers or symbols selected at random. It
shall include cards having numbers or symbols which
are concealed and pre-printed in a manner providing
for distribution of prizes. The winning cards shall
not be known prior to the game by any person partici-
pating in the playing or operation of the bingo game.
All such pre-printed cards shall bear the legend:
"For sale or use only in a bingo game authorized
under California law and pursuant to local ordinance."
SECTION TWO.
This ordinance shall take effect as provided by law.
PASSED, APPROVED AND ADOPTED this 26th
October 1982.
day of
)lGJ G(n- ~C/o GLV~-a4i~r
HN G. UNSWORTH, MAYOR
ATTEST:
'DEBORAH A. H RRINGTO CITY CLERK
STATE OF CALIFORNIA
COUNTY OR RIVERSIDE
ss.
I Deoborah A. Harrington, City Clerk of the City of Lake Elsinore,
DO HEREBY CERTIFY that the foregoing Ordinance No. 661 was INTRODUCED AND
PASSED by the City Council of the City of Lake Elsinore at a regular City
Council Meeting held on the 12th day of October 1982, and
that it was passed by the following roll call vote:
AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH
NOES: NONE
ABSENT: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th
day of October 1982, by the following roll call vote:
AYES: MAC MURRAY, TORN, VALENZUELA, UNSWORTH
NOES: NONE
ABSENT: KNIGHT
DEBORAH A. HARRINGTON, City Clerk
City of Lake Elsinore
(SEAL)
ORDINANCE N0. 662
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, REZONING CERTAIN PROPERTY FROM
C-1 (LIMITED COMMERCIAL) to C-2 (GENERAL
COMMERCIAL) AND FROM C-2 TO C-1.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION ONE:
The property described below (approximately .07 acres
presently zoned C-2, .General Commercial, shall upon the adoption
of this ordinance be zoned C-1, Limited Commercial.
The following described property is removed from its
present zoning district as C-2, General Commercial, and is hereby
rezoned to C-1, Limited Commercial:
Parcel A
That portion of Government Lot 2 in the Southwest
quarter of fractional Section 9, Township 6 South,
Range 4 West, San Bernardino Base Meridian according
to the official plat thereof on file in the District
Land Office, lying Easterly of the San Jacinto River
and included within the following described lines:
Beginning at the Southwest corner of Lot 7 in Block
7 of Heald's First Edition to Elsinore, as shown
by map on file in Book 4, Page 2.05 of Maps, San
Diego County Records.
Said Southwest corner being a point on the Easterly
line of said Southwest quarter;
THENCE along said Easterly line N Oo O5; 13" W
568.68 feet to the Northeast quarter of the land
described as Parcel 2 in the deed to Hallie S.
Averill and wife, Flora L. Averill recorded June
26, 1958 as Instrument Number 45605, Riverside
County Records;
THENCE along the Northerly line of said Parcel 2
of said land of Averill S 89° 56' 39" W 214.97
feet to the True Point of Beginning
THENCE continuing along the Northerly line of said
Parcel 2, S 89° 39" W 108.02 feet more or less to
the Northeasterly line of that land described in
the deed to the State of California, Recorded
June 30, 1955 as Instrument Number 42791 in Book
1759., Page 556 of Official Records, Riverside
County Records;
THENCE Southeasterly along said Northeasterly line
S 440 26' 10" E 75.00 feet;
THENCE N 450 58' 25" E 77.21 feet to the True Point
of Beginning.
SECTION TWO:
The property described below (approximately .51 acres),
presently zoned C-1, Limited Commercial, shall upon the adoption
of this ordinance .be zoned C-2, General Commercial).
The following described property is removed from its
present zoning district as C-1, Limited Commercial, and is hereby
rezoned to C-2, General Commercial:
Parcel B
That portion of Government Lot 2 in the Southwest
quarter of fractional Section 9, Township 6 South,
Range 4 West, San Bernardino Base Meridian according
to the official plat thereof on file in the District
Land Office, lying .Easterly of the San Jacinto River
and included within the following described lines:
Beginning at the Southwest corner of Lot 7 in Block
7 of Heald's First Edition to Elsinore, as shown
by map on file in Book 4, Page 205 of Maps, San
Diego County Records.
Said Southwest corner being a point on the Easterly
line of said Southwest quarter;
THENCE along said Easterly line N 0°
568.68 feet to the Northeast quarter
described as .Parcel 2 in the deed to
Averill and wife, Flora L. Averill,
26, 1958 as Instrument Number 45605,
County Records;
O5' 13" W
of the land
Hallie S.
recorded June
Riverside
THENCE along the Northerly line of said Parcel 2
of said land of Averill S 89° 56' 39" W 214.97
feet to the True Point of Beginning
THENCE N 45 58' 25" E 298.54 feet to the Northeast
corner of said .Southwest quarter said corner being
a 2" iron pipe;
THENCE S 0° 05' 13" E along the Easterly line of
said Southwest corner 207.27 feet to the Northeast
corner of the land described as Parcel 2 in the
deed to Hallie S. Averill and .wife Flora L. Averill,
recorded June 26, 1958 as Tnstrument Number 45605,
Riverside County Records;
THENCE S 890 56' 39" W along the Northerly line
of said Parcel 2 a distance of 214.97 feet to the
True Point of Beginning.
SECTION THREE:
This ordinance shall become effective as provided by law.
INTRODUCED AND PASSED UPON FIRST READING this 12th day
of October 1982 upon the following roll call vote:
-' AYES: KNIGHT, MACMURRAY, VALENZUELA, UNSWCRTH
NOES: TORN
ABSENT: NONE
ABSTENTIONS: NONE
-2-
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
26th day of October 1982 upon the following roll
call vote:
AYES: MACMURRAY, VALENZUELA, UNSWORTH
NOES : TORN
ABSENT: KNIGHT
ABSTENTIONS: NONE
hn G. Unsworth, Mayor
ATTEST:
/~~~/06/~_~/./~~i~/~/lA~y/G.%~
~e orah Harrington, ity Clerk
(SEAL)
-3-
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
ss.
I, Jo Ann P1oney, City Clerk of the City of Lake Elsinore, DO
HEREBY CERTIFY that the foregoing Ordinance had its first reading on
October 12, 1982 and had its second reading on
October 26, 1982 and was passed by the following vote:
AYES: COUNCILMEP16ERS: MACMURRAY, VALENZUELA, UNSWORTH
NOES: COUNCILMEMBERS: TORN
ABSENT: COUNCILMEMBERS: KNIGHT
J ANN P10NEY, CIT CLERK
Y OF LAKE ELSINORE
(SEAL)
ORDINANCE N0. 663
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
REZONING CERTAIN PROPERTY LOCATED EASTERLY OF OLD RAILROAD
CANYON ROAD BETWEEN INTERSTATE HIGHWAY 15 AND OLD HIGHWAY
71, FROM R-1 (SINGLE-FAMILY RESIDENCE) TO C-1 (LIMITED
COMMERCIAL).
;`% THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
aJ ~' DOES ORDAIN AS FOLLOWS:
SECTION ONE:
The property described below (approximately 13 acres) pre-
sently zoned R-1, Single-Family Residence, shall upon the adoption
of this ordinance be zoned C-1, Limited Commercial.
The following described property is removed from its
present zoning district as R-1, Single-Family Residence, and is
hereby rezoned to C-1, Limited Commercial:
That portion of the southeast one-quarter of Section 9,
Township 6 South, Range 4 West, San Bernardino Meridian,
as shown by United States Government Survey approved
August 25, 1880 and those portions of the following:
S.A. Stewarts Addition to Elsinore as shown by Map on
file in Book 2 Page 102 of Maps, San Diego County
Records; together with all vacated streets and alleys
included therein: and-Heald's First Addition to Elsinore
as shown by Map on file in Book 4 Page 205 of Maps, San
Diego County Records; together with all vacated streets
and alleys included therein; included within said south-
east one-quarter of said Section, Records of said County
lying within the following described line:
COMMENCING at the southeasterly corner of said Section 9
marked with a two inch iron pipe;
THENCE along the southerly line of said Section 9, S 890
53' 41" W 447.71 feet to a point on the southwesterly
right-of-way line of Interstate 15, said point being the
True Point of Beginning;
THENCE continuing along said southerly line of said
Section 9, S 890 53' 41" W, 211.54 feet to the inter-
section of the southerly line of said Section 9 with
the centerline of Frontier Drive (formerly Highway 71);
THENCE along the centerline of Frontier Drive N 430 38'
56" W 2441.49 feet;
THENCE N 460 21' 04" E, 57.02 feet to a point on the
northeasterly right-of-way line of Frontier Drive
said point being a non-tangent point of intersection
with a curve concave easterly having a radius of 1382.69
feet, a radial to said point bears S 860 00' 53" W;
THENCE along said curve through a central angle of 180
16' 54" an arc length of 441.18 feet to a point on the
southerly right-of-way line of Interstate 15;
THENCE along said southwesterly right-of-way line S 320
13' 11" E 174.62 feet to a tangent point of intersection
with a curve concave westerly having a radius of 100.00
feet;
THENCE along said curve through a central angle of
620 13' 11" an arc length of 108.59 feet;
THENCE S 30° 00' 00" W, 37.83 feet to a point on the
westerly right-of-way line of Railroad Canyon Road,
said point being parallel with and 55.00 feet westerly
of the centerline of Railroad Canyon Road;
THENCE S 60° 00' 00" E, 110.00 feet to a point being
on the easterly right-of-way line of Railroad Canyon
Road being parallel with and 55.00 feet easterly of the
centerline of Railroad Canyon Road, said point also
being the beginning of a curve concave southerly having
a radius of 50.00 feet, a radial bearing thereto bears
S 600 00' 00" E;
THENCE along said curve through a central angle of
103° 22' 33" an arc length of 90.21 feet to a point on
the southwesterly right-of-way line of Interstate 15;
THENCE along said southwesterly right-of-way line, S 46°
37' 27" E 162.22 feet;
THENCE S 43° 45' 42" E, 300.38 feet;
THENCE S 46° 37' 27" E, 250.00 feet;
THENCE S 48° 44' 39" E, 222.52 feet;
THENCE S 41° 04' 10" E, 243.52 feet;
THENCE S 360 00' 36" E, 467.40 feet;
THENCE S 33° 03' S4" E, 297.17 feet;
THENCE S 32° 48' 22" E, 545.11 feet to the True Point of
Beginning.
The basis for this legal description is Cal-Trans File
numbers 414032 and 414033, dated April 19, 1978.
SECTION TWO:
This ordinance shall become effective as provided by law.
INTRODUCED AND PASSED UPON FIRST READING this 9th day
of November 1982 upon the following roll call vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH
NOES : NONE
ABSENT: NONE
ABSTENTIONS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
23rd day of November 1982 upon the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
~, -~ti~
-~ohn G. Unsworth, Mayor
ATTEST:
Deborah Harrington, ty Clerk
(SEAL)
-2-
STATE OF CALIFORNIA )
ss.
COUNTY OF RIVERSIDE )
I, Jo Ann P1oney, City Clerk of the City of Lake Elsinore, DO
HEREBY CERTIFY that the foregoing Ordinance had its first reading on
November 9, 1982 and had its second reading on
November 23, 1982 and was passed by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
KNIGHT, MACMURRAY,
NONE
NONE
TORN VALENZUELA, UNSWORTH
NN P10NEY, CITY CLERK
C TY OF LAKE ELSINORE
(SEAL)
ORDINANCE N0. 664
AN ORDINANCE OF THE CTTY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, ADDING SECTION 10.12.045
TO THE LAKE ELSINORE MUNICIPAL CODE PROVIDING FOR
ONE-WAY TRAFFIC, EAST BOUND, BETWEEN HIGH STREET
AND AVENUE 1, ON THE ALLEY LYING BETWEEN LAKE STREET
AND LAKESHORE DRIVE.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA DOES
ORDAIN AS FOLLOWS:
SECTION l:
There is hereby added to the Lake Elsinore Municipal Code Section
10.12.045 Alleys--Easterly direction of travel designated, which
is to read as follows:
All vehicles traveling through the alley between Lake
Street and Lakeshore Drive, from High Street to
Avenue 1, must travel only in an easterly direction.
SECTION 2:
This ordinance shall take effect as provided by law.
INTRODUCED AND PASSED UPON FIRST READING THIS 9th day
of November 1982 upon the following roll call vote:
AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH
NOES: NONE
ABSENT: NONE
ABSTENTIONS: NONE
PASSED, APPROVED AND ADOPTED this 23rd
1982 on the following roll call vote:
AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH
NOES: NONE
ABSENT: 'INONE
ABSTENTIONS: NONE
~~ ~I.22~.~.~.--z"
~hn G. Unsworth
Mayor
ATTEST:
eborah A. Harrington
City Clerk
day of November
STATE OF CALIFORNIA )
ss.
COUNTY OF RIVERSIDE )
I, Jo Ann P1oney, City Clerk of the City of Lake Elsinore, DO
HEREBY CERTIFY that the foregoing Ordinance had its first reading on
November 9, 1982 and had its second reading on
November 23, 1982 , and was passed by the following vote:
AYES: COUNCILMEMBERS: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH
NOES COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
AN .ONEY, CI Y CLERK
ITY OF LAKE ELSINORE
(SEAL)