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HomeMy WebLinkAboutOrd. Nos 1977-567-575hnSM ~ ~i - ORDINANCE N0. 567 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, OF. 'RIVERSIDE COUNTY, CALIFORNIA, REGARDING YARD SALES; "ADDING CHAPTER 5.76 TO TITLE 5, OF THE LAKE ELSINORE MUNICIPAL CODE. The City Council of the City of Lake Elsinore does ('~ ordain as follows: Section 1. ,That title ~5 of the Lake Elsinore Municipal Code,_tie=and the same is hereby amended by adding thereto Chapter 5.76 to read as follows: CHAPTER 5.76 5.76.010 5.76.020 ,.:YARD, GARAGE AND HOUSE SALES Definitions Sales Prohibited Exemption Frequency. .and Time Display 5.76.030 5.76.040 5.76:050 5.76.060 .Signs 5.76.070 Permit 5.75.010 Definitions For the purposes of this Chapter, "Yard Sale" shall mean the sale of personal property in, at, or upon any residentially zoned or residentially occupied property. Yard sales shall include, but not be limited to, any home sale, garage sale, patio.~sale or any other sale similiarly conducted on residen- tially zoned or residentially occupied property by an owner, tenant or occupant of the property for on-site disposal of per- sonal property. 5.76.020 Sales Prohibited It shall be unlawful for any person to se 11, or offer to sell, or to participate in the sale of personal property to the general public by means of a Yard Sale, except as permitted by this Chapter. ` :. '~ 5..76.030 Exemption The provisions of this chapter shall not apply to sales conducted pursuant to process or order of any court of competent juris- diction, or by a church or non-profit charitable organization. .: . - 5.76.040 Frequent and Time _.._ Not more. than two (2) yard sales may be conducted by any person or upon any residentially zoned or residentially occupied property ""~ during any quarter of the calendar year. Such yard sale shall not be conducted for longer than three (3) consecutive days.. Said sale shall not be conducted between the hours of 8:00 p.m. of any one .day and 8:00 a.m. of the following day.. 5.76.050 Display All personal property to be sold shall be arranged so that fire, police, health and other officials may have access for inspection at all times during the sale. Personal property offered for sale shall not be displayed or stored on adjoining public sidewalks or streets or rights-of-way. _, 5.76.060 Sins No signs advertising yard sales may be posted, erected or maintained on other than the premises on which such sale is to be held. Not more than one unlighted sign advertising a yard sale may be posted, erected or maintained on the premises on which such sale is to be held; provided, however, that no sign may be placed or maintained on the public right-of-way. - No sign posted, erected or maintained as provided for by this section shall exceed four (4) square feet in area. No such sign. '~--' shall be maintained for a period of more than five (5) days immediately preceding the lawful commencement of such yard sale. Each such sign shall be removed at or before the close of the last day on which the yard sale may. lawfully be conducted pursuant to this chapter. 5.76.070 Permit Upon application therefor, the City Clerk shall issue, without charge, a non-transferable permit for the specified location. Section 2. This ordinance shall be published and become , effective as prove ed by law. _ _ _ ._ PASSED AND ADOPTED this 2B day of March ~ 1977, _. ATTEST s/Frank L. DePasquale Mayor o t e City o La e E sinore s. Florene Marshall City C er o t e City o La e E sinore I -2- . <~ _ __-.. ~ _ . .. ::~~ s ~~a . ~ .. ,.. _ _-_ _~~k~ _w ,... _..._ ._ _ .... .. ._ _ . _ a~a z ,,~ ,~ r 3 -~ `' ? ; ; ~ •, . ~ 'ORDINANCE NO. ' 568... ., AN ORDINANCE.OF THE CITY OF LAKEELSINORE,.CALIFORNL'9 " AMENDING ORDINANCE NO. 562 AND AMENDING SECTION 13.04.020 OF CHAPTER 13.04 OF TITLE 13,.OF THE LAKE ELSINORE MUNICIPALCODE, AND DECLARING. THISORDINANCE TO BE AN URGENCY ORDINANCE FOR THE IMMEDIATE PRESERVATION OF THE PUBLIC PEACE, HEALTH OR SAFETY OFSAID~CETY. The City Council of the City of Lake Elsinore does ordain as --I follows: Section 1. That Section 13.04.020 of Chapter 13.04 of Title 13 of the Lake Elsinore Municipal Code, be, and the same is hereby amended to read as follows: "13.04.020 Rates - Potable 'Water. The rate per month to be charged and paid by consumers using potable water of the city is hereby established on the following rates. A. The Minimum Charge and Maximum Cubic Feet of Water Allowed. 1. The minimum charge per user, with a three-fourths-inch meter, for the first five hundred cubic feet of water or fraction thereof shall be in the sum of $ 6.50 2. The minimum charge per user, with a one-inch meter, for the first one thousand cubic feet of water or fraction thereof shall be in the sum of 11.50 3. The minimum charge per user, with a one and one-half inch meter, for the first one thousand .five hundred cubic feet of water or fraction thereof shall be in the sum of 16.50 4. The minimum charge-per user, with a two-inch meter, for the first two thousand .five hundred cubic feet of water or fraction thereof shall be in the sum of 26.50 5. The minimum charge per user, with a three-inch meter, for the first three thousand five hundred cubic feet of water or fraction thereof shall be in the sum of 36.50 6. The minimum charge per user, with a four-inch meter, for the first six thousand .cubic feet of water or fraction thereof i~ shall be in the sum of 61.50 7. The minimum charge per user, with a six-inch meter, for the first fifteen thousand cubic feet of water or fraction thereof shall be in the sum of 151.50 ~F ~, ~ :, , , ~j ,}/ J ~~ ~ ~.l _ °_ ~~ ~ _ t ~ ~ a ~ B. Schedule of Meter Size Minimum Charge and Maximum Water Allowed Under Minimwn Charge. .. Domestic and Industrial. ~ Maximum Cu. Ft. of Minimum-Charge Water Allowed under Meter Sizes Per Month Minimum Rate 3/4 inch ~$ 6.50 500 1 inch 11.50 1,000 __ 1 1/2 inch 16.50 1,500 2 inch 26.50 2,500 3 inch 36.50 3.500 4 inch 61.50 6,000 6 inch 151.50 15,000 C. 4'he charge per one hundred cubic feet or fraction .thereof over the maximum amount of water allowed under the minimum rate shall be in _ the sum of $1.00 SECTION 2. That ordinance No. 562 of the City of Lake Elsinore is hereby amended as it applies to potable water and any and all other ordinances in conflict herewith are hereby repealed. ' SECTION 3. This ordinance is declared as an urgency ordinance-for the immediate preservation of the public peace, health and safety of the City of Lake Elsinore for the .reason that the water fund of said City is operating at a loss and to conti nue to allow said water system to operate at a financial loss will affect the financial stability of the City of ' Lake'.Elsinore.;';That this .ordinance shall go into effect immediately if passed by a 4/Sths vote of the City Council. SECTION 4. That in the event that this ordinance does not receive a 4/Stns vote of the members of the City Council, this ordinance shall go into effect after its adoption and in accordance with the provisions of Section 36937 of the Government Code of the State of California and shall. be published and be come effective as provided by law. PASSED AND ADOPTED this 13 day of one, 1977 by the following roll call vote: Ayes: Torn,Crowe, Harris, DePasquale. Noes: Carter. Absent:None s/ Frank L. DePasquale Mayor of the City of Lake Elsinore Attest: s/ Florene Marshall City Clerk of the City of Lake Elsinore -2- ~ ~ A'f '~ .. i ~Q i~ qt 1'. ~~ h A5~ ~ - ~~ J. s.d i i ~ ll. ~~ a ORDINANCE NO. 569 ANQRDINANCE OF. THE CITY OF. LAKE ELSINOREAMENDING l TITLE 2 OFCHAPTER 2.20 OF_THE MUNICIPAL CODE OF SAID CITY PERTAININGTO DISASTER RELIEF AND REPEAL- . 2 '. TNG ORDINANCE NO. 506. - ,;3 THE CITY. COUNCIL OF THE CITY OF LAKE EL5IDIORE,DOE5 ORDAIN AS FOLLOWS: ~ ~ SECTION l: Title 2 of Chapter 2.20 of the Municipal Code of the 5 City bf Lake Elsinore is hereby amended to read as follows: s CHAPTER 2.20 7 L. GENERAL DISASTER RELIEF PROVISIONS $ 2.20.010 The declared purposes of this ordinance are to provide for the 9 preparation and carrying out of plans for the protection of persons and 10 property within the City of Lake Elsinore in the event of the emergency 11 conditions hereihafter referred to; the direction of the disaster orgin- 12 ization and the coordination of .the disaster functions of the City of Lake l~ Elsinore with the County of Riverside and with all other public agencies, ~4 corporations, organizations and affected private persons. 15 IL 'DEFINITIONS -16 2-20.020 As used in this ordinance, emergency shall mean the actual 17 or threatened existence of conditions of disaster or of extreme peril to the 18 'safety of persons and property within this city caused by such conditions as ~9 air pollution, fire, flood, storm, epidemic, riot, earthquake or other 20 conditions, including conditions resulting from war or imminent threat of 21 war but other than conditions resulting from a labor controversy, which 22 conditions are or are likely to be beyond the control of the services, regular 23II personnel, equipment and facilities of this city and which may require the 24fI combined forces of other political jurisdictions to combat 2511 2.20.030 Other terms used herein shall have meanings as used in the 26Ij California Emergency Services Act.. 'Z71~ III. DISASTER COUNCIL 28~~ 2.20.040 It shall be the duty of the Lake Elsinore Disaster Council, 29 II and it is hereby empowered, to cause to be developed and recommend for 30~~ adoption by the City Council emergency and mutual aid plans and agreements 37.E and such ordinances, resolutions, rules and regulations as are necessary 32 to implement such plans and agreements. The Disaster Council shall meet (].) .- ;; > M ::. l upon call of the Chairman, or in his absence from the city or inability to '~ call such a meeting, upon the call of the Vice-Chairman. 3 2..20.050 The City of Lake Disaster Council consists of the following ~~ 4 persons: I 5 (a) The City Manager, who shall be its Chairman and shall also be 6 member of the Riverside County Disaster Council; 7 (b) Mayor; 8 (c) Mayor Pro Tem; g (d)'..City Engineer: '_... ~-0 . (e) Public Works Director; 11 (f) -0ne member to be nominated by the American National Red ' 12 Cross and appointed by the City Council; ~-3 (g) Such additional citizens of the City of Lake Elsinore 14 as the City Council may appoint to be "members at large"; 15 (h) The Assistant Disaster Preparedness Coordinator, who 16 shall be Secretary, but without vote. i~ 17 2.20.060 The Disaster Council shall have power to: 18 I (a) Elect a Vice-Chairman and such other officers as it may 19 deem necessary; 2~ (b) Enact its own rules and procedures; 27 (c) Review and. recommend for adoption by the City Council 22 disaster and mutual aid plans and agreements. 23 - IV, DISASTER PREPAREDNESS FUNCTIONS 24 2.20,070 Pre-disaster preparedness functions as described in Joint I 25 PowersAgreement for the City of Lake Elsinore will be accomplished by the 26 Riverside County Office of Disaster Preparedness under contract to the City. 27 The City Manager is designated Disaster Preparedness Coordinator for coor- 28 i dinating contract functions and he will appoint an assistant to perform such i 29 functions as he may direct. 30 2.20.080- The services to be provided by the County Office of Disaster 31 preparedness includes but is not limited to preparation of general. plan, 32 annexesthereto and communications planningreports. (2) I e _.~'. ~: J t Z II 2 3 V.EMERGENCY CORPS :2.20.090 The City of Lake .Elsinore Emergehcy Corps shall be activate and shall function as a disaster relief body only: (a) Upon the existence of a "state of war" emergency; (b) Upon he declaration by the Governor of the State of California, or of persons authorized to act in his stead, of a "state of emergency", affecting and including the City of Lake Elsinore; (c) Upon the declaration of a "local emergency" by the City Council of the City of Lake Elsinore or by persons herein authorized to act in its stead; (d) When, affirmative response is made to the County of Riverside to join in a "local Emergency" declared by the County. 2.20.100 A "local Emergency" may be declared for good and sufficient reason by the Council or, if the Council is not in session, lay: (a) Any member of the Council acting individually; (b) City Manager; (c) City Engineer; (d) Public Works Director. 4 5 6 7 S 9 11 12 Z3 15 ~6 _... 17 - 18 19II Whenever a "local emergency" is proclaimed by other than the Council, the i 20 Council shall take action to ratify the proclamation within seven (7) days 21 II thereafter or the proclamation shall have no further force or effect. 22 2.20.110 The Council shall review, at least every fourteen {14) days, 23 until such "local emergency" is terminated, the need for continuing the `z4 "local emergency" and shall proclaim the termination of such "local emergency" 25 at the earliest possible date the conditions warrant. 26 2.20.120 The City Manager shall be the Emergency Corps Commander. 27~~ In the absence or inability of the City Manager to act, he shall automatically 2$I be succeeded as Emergency Corps Commander by the following officials in the 29 ~~ order named: I 30 (a) Mayor; 31 (b) Mayor Pro Tem; 32 (c) Remaining City Council persons in order of their seniority unless (3) ~.: I said Councilshall otherwise determine; (d) City Engineer; ,. (e) 'Public Works Director. 2.20.130 During a declared emergency affecting the City, of Lake Elsinore, the Emergency Corps Commander shall, to the extent he deems ~, necessary, have complete authority over all agencies of the City Govern- ment and the right to exercise within the area designated all police powers vested in the City by the Constitution and laws of the State of California in order to effectuate the purpose of this ordinance. He may direct all ~ agencies of the City .Government to utilize and employ City personnel, equipment and facilities for the performance of any and all activities designed to prevent or alleviate actual or threatened damage due to the emergency._ Any agencies so directed by the Emergency Corps Commander may expend any of the monies which have been appropriated to it in performing such activities irrespective of the particular purpose for which the money was appropriated. Any expenditures made in connection with emergency: j activities, including mutual aid activities, shall be deemed conclusively to I~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 be for the .direct protection and benefit of the inhabitants and property of '- the City of Lake. Elsinore. The Council may reimburse any City agency for funds expended during emergency operations. However, reimbursements will be made to any City agency for expenditures incurred if the funds of that department are subject to Constitutional restrictions which would normally prohibit their use for such purposes. 2.20.140 In addition to the powers granted herein, the Emergency 17 18 19 20 21 22 23 24 Corps Commander shall have such powers. incidental to the performance of his duties as said Commander as may be necessary to allow him to carry out the Emergency Operations Plan of the City of .Lake Elsinore, it being the intent that the enumerated powers. herein are not intended to be limitations upon his powers. VI CITY COUNCIL 2.20.150 During the existence of a declared emergency affecting the City of Lake Elsinore, the Council shall be considered to be in continuous session. 25 26 27 28 29 30 31 32 (4) pr ~, ~, 1; t " .; , s _ t. i :..,, ,' 2.20.160 During a "declared .emergency", the Council may promulgate orders and regulations necessary to provide .for the protection of life and property including orders or regulations imposing'a curfew within designated boundaries where necessary to preserve the public and safety. Such orders and regulations shall be in .writing and shall be given widespread publicity and notice. VII..PRESERVATION-OF'LOCAL':GOVERNMENT l -2 3 4 R~ 5 6 7 8 2.20.170 During the existence of a war emergency, law and order must '9 -be preserved and insofar as possible government services continued or restored. ~~ This can best be done by Civil government. To provide for the continuance of 11 the legislative branch of the City, each Councilman shall have the authority 12 to nominate for approval by the full Council three individuals as his stand- 13 by.' Standy officers shall be designated 1, 2 and 3 as the case may be. T4 Their duties shall be to fill the post to which appointed in the order design- 15I ated during a war emergency when, for any reason, the regular Councilman 16 is unavailable. He shall serve until the regular Councilman becomes available. 17 Standby Councilmen, however, are not in the line of succession as Emergency 18 Corps Commander. 19 VI22. PRIVILEGES AND IMMUNITIES 20 2.20.180:. The City shall not be liable for any claim based upon the 27- exercise or performance or the failure to exercise or perform a descretionary 22 function or duty on the part of any employee of the City. 23 2.20.190 Volunteers duly registered with the City Disaster Council or 24 unregistered persons duly pressed into service during any declared emergency 25 affecting the City of Lake Elsinore, in carrying out, complying with or 26 I attempting to comply with any order or regulation issued pursuant to the 27 II provisions of this ordinance while performing any of their authorized 28I~ functions or duties shall have the same degree of responsibility for their 29 actions and enjoy the same immunities as officers and`empl6yees of the City 30 ~ of ;Lake :Elsinore. 31 32 (s) - ~ - _ ., ' ~ .. ~~.,. , r . '. 1 `3 4 5 6 '7 8 9 10 11 12 13 14 15 16 17 I8 19 20 21 22 23 24 25 26 27 ', 28 29 301 31 32 I !~ o. ~1 ( ; n~ t SECTION 2: Penalties shall be misdemeanor: and shall be punished by a fine or not more than $500 or by imprisonment for not more than six months or both for any person during a disaster: (a) To willfully obstruct, hinder or delay. any member of .the City Lake Elsinore Emergency Corps in the enforcement of any lawful rule, `regulation or order issued pursuant to this ordinance or in the per- . -formance:ofciany'duty imposed upon them by virtue of this ordinance; (bl To-do any act forbidden by lawful rule, ..regulation or order .issued pursuant to this ordinance if such act is of such a nature as to give assistance to the enemy or to ,imperil life or property or to prevent, hinder or delay the defense or protection of persons or prop- erty; (c) To wear, carry or display without authority any means or ident- ification specified by the civil defense and/or disaster agencies of the Federal or State governments. SECTION 3: Ordinance No. 506 is repealed; provided,. however, any rules and regulations adopted pursuant. to said ordinance shall continue in full force and effect until changed, amended or superseded by an act of the City -- Council. SECTION 4: Adoption. This ordinance shallbe published in the manner .provided for by law and shall take effect 30 days after its adoption. ADOPTED this 27th day of Sune 1977 yor, City of Lake F. ore, California ATTEST: City Clerk, City of Lake Elsinore, California. (6) ~; .. .9:~r .. v ~_: ~ ..., W ,,...., _ ~. -,. .a ORDINANCE NO.' ' _s~o ` as follows: Sect'ion' 1. That Title 17 of the Lake Elsinore Municipal Code be, and the same is hereby amended by adding to said Title 17, Chapter .17.34 and enacting Sections 17.34.010 to Sections 17.34.150 to read as follows: CHAPTER''17.34 MPD MOBILE HOME PLANNED DEVELOPMENTS 'S'ection's: 17.34.010 Purpose 17.34.020 Permitted Uses 17.34.030 Signs 17.34.040 Building Height and Area 17.34.050 MPD Standards. 17.34.080 Accessory Buildings 17.34.090 Architectural Projections and Building Extensions 17.34.100 Fences,Walls and Hedges 17.34.110 Off-street Parking 17.34.140 Permits and Fees 17.34.150. Enforcement 17.'3'4.'0'10 Purpose. The purpose of this chapter is to provide for the orderly development of area of not less than ten acres, to accomodate and' allow mobilehomes to be situated on individually owned lots and to provide for rules and regulations related thereto. Mobilehome Planned Developments are intended to provide for a greater flexibility in the design of residential properties to promote a more desirable living environment and encourage: 1. Amore creative approach to land development, 2. Amore efficient use of the land, 3. To provide for a greater amount of community open space and amenities for recreational and visual enjoyment, 4. The preservation and enhancement of valuable natural areas. The provisions in this Chapter .are not considered to increase overall density of living units above that permitted in R-1 Sin31e-family -1- AN -0RDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.34 TO TITLE 17 TO PROVIDE FOR A NEW ZONE TO BE DESIGNATED AS MPD, MOBILE HOME PLANNED DEVELOPMENTS. The City Council of the City of Lake Elsinore does ordain ,:` ~„' home, such as a carport or garage, cabana, remade, patio, utility or j storage room, storage of camp and boat trailers, swimming pool., c. Recreation buildings and outdoor recreation facilities subject to approval of the Planning Commission and the City Council and for the primary use of home owners within the MPD District. (golf course facilities may be open to the public as provided below) d. One temporary sales office, utilizing a model mobilehome .structure, or specially designed mobile office structure, may be located. upon a lot, with the mobilehome planned development; may be used for the promotion of sales of the. lots, or lots containing mobile- home structures of display nature, not yet sold or occupied for residential use on said lot, for a period of three (3) years, or until __ -.all such lots contained within that subdivision are initially sold, whichever occurs first, e. No other mobilehome, ca-nper, camp trailer or camp car is be permitted to/located on any lot except for storage, and thereby no utilities shall be connected thereto. hT.34.030 Signs. Signs are permitted only as follows. a. .One nameplate, unlighted and not exceeding one and one- half square feet in area, per lot, b. One sign, not to exceed six square feet in area, pertaining to the sale or lease of property on which such aign is located. c. Golf courses facilities may be permitted a separate sign, not exceeding 12 square feet in area, plus ..directional signs not exceeding one and one-half square feet as needed. 17.34.040 Building Height and 'Area. Building height and area in the MPD District shall be as follows: A. Buildings on individual lots: 1. No Mobilehome on an individual lot shall exceed the -2- S ~ y ~_ height of thirty-five feet or exceed two stories in height. 2. A mobilehome shall. have a minimum livable floor area of not less than 620 square feet. 3. .Any other building or structure shall not exceed a height of eighteen feet and shall exceed not more than one story. B. Recreation buildings or structures providing facilities for~all property owners within the .district shall not exceed thirty- five feet in height nor more than two stories. C. The minimum area of any parcel of land for each mobile- home .lot shall not be less than 3,600 square feet. 17.34.050 Mobilehome' Planned Development Standards. The following standards of development shall apply to mobilehome planned development: A. No ,real. property shall be used unless a subdivision map pursuant to the provisions of the subdivision ordinance and this chapter.. -, B. The minimum site that may be developed for a mobilehome ' planned development. shall be 10 acres gross.. Additional sites of .lesser __. area may be subdivided if they are an addition to and integral part of .the initial development. C. Mobilehome shall meet the following minimum set back and yard requirements: 1. Front yard: 15 feet 2. Side yard: 5 feet 3. Rear y?^ard: 5 feet D. Minimum lot size shall be 3600 square feet, with a minimum frontage of not less than 40 feet; except that lots fronting on cul-de-sacs or knuckles may have a minimum frontage not less than 20 feet providingithat at the set back line the width shall be at least 40 feet,. measured albng a line parallel with the cord of the arc forming the front yard boundary line. The minimum depth. of any lot shall be 80 feet. E. Recreational area shall be provided as follows: -3- - _:_ -___ ,. ... 4 -~_ ,. ~ 1 residential lot area, not including street rights of way, shall total not less .than 6000 square feet for"each 'residential lot in the sub- division. In no event shall the community recreation area for any subdivision total less than 2 acres. 2. The recreation areas shall be designated on the subdivision map and shall be entirely within the subdivision development. F. Community recreation facilities such as community meeting halls or club houses, swimming pools, shuffle board courts, etc., (as contrasted. to,open'space; e.g. folf courses and play areas) are to be encouraged and the area occupied by these facilities including the immediate accessory area (e.g. enclosed swimming pool area, walkways & patios around club houses; including parking areas exclusively for such facility), may be counted as two square feet for each one square foot of_ actual area in meeting the requirement set forth in Paragraph E-1 above, but in no"event shall the community recreation area, including I that on which the recreational facilities are located, be less than twd.. acres for any subdivision. Additional off site facilities may be recognized by the City. G. Provisions, approved by the Commission, shall be required for the continued maintenance and operation of the recreational facilities, by the granting of an ur_divided interest in the recreation area to each owner of a lot in the subdivision and the formation of a community association or other legal entity which provides for participa- tion by the individual lot owners in the responsibility and cost thereof. The community association shall have the right to place alien upon the individual lots for all necessary costs and expenses of .the associa- tion. The association shall have the right to open any facility to the public and charge a fee for the use thereof to defray maintenance j and operating costs, providing such use does not unduly interfer with the use of lot owners, and that no profit is made from such public use. base material may be reduced or eliminated. -- b. Concrete rolled "curbs or asphaltic concrete curbs i with concrete driveway approaches shall be provided. c. Off street parking spaces and driveways on individually owned lots shall be paved with concrete. d. No sidewalks shall be required. I. Sewerage lines shall be installed as per City requirements and provisions made to connect each unit .thereto, this system shall connect to the City's main sewerage system, when available, or as City requires. J. Provisions for the continued maintenance of the private. streets and the sewage collection system by a community association composed of the owners. of the lots, shall be required as a condition of the subdivision. This association may be, but is not required to be, the same as that required for maintenance of recreational facilities ~~ and area. The community association shall have the right to place a lien upon the individual lots for all necessary costs and expense of maintenance of maintaining the system. K. Water lines-shall be installed as per City requirements and provisions made to connect thereto. L. Natural Gas and Electrical services shall be installed and provisions made to connect thereto. M. All utilities shall be underground except in ..areas where overhead distribution lines exist and then all services from the existing line to the mobilehome shall be underground. N. On-site improvement regulation hall be as follows: 1. Prior to moving a mobilehome onto any lot a permit shall be obtained from the City Building Inspector. Application for such permit shall include a plot plan showing yard setbacks, buildir_g dimensions and locations. -5- . ,. ,._,, _ _ _ ._ `^ /, ~ ~ ,I ~~A ~ '.'~f r t S~l q+s n~ " ~, p"~ !~ 5 ~ .. t ~' n 21 Improvements required:' On all lots to be used for residential purposes there 'shall be a concrete 's lab or other metal ox• wood deck containing at least 200 square feet suitable for outdoor ;:;, patio or work area. 3. All mobilehorxes shall be provided with "skirts" or other suitable structures or foundation which encloses the space between the ground and the floor of the mobilehome and shall be subject _ to the approval of the Building Inspector. No Certificate of Occupancy shall be issued, until skirting is installed. 4. A single island for connection of all utilities. 17.34'.'0'8'0'ACCessory Buildings A. The space between the mobilehome and any accessory building on the same let, when not joined by a commoxi wall or roof, shall be `a minimum distance of five ,feet. B. Accessory Buildings shall be located only in the side or rear yeards and shall not be situated closer to the property line than three feet, except such accessory building may be erected in the rear yard".to the property line provided the construction complies with', i the fire wall requirements of the U.B.C. and all roof drainage is into-- the property upon whcih the building is located. C. No accessory building shall 'cover more than one-half of the rear yard area. 17.34.69D .Architectural Projections and Building Extentions. A. .Eaves, sills, cornices and other similar architectural features may extend or project into the side yard not closer than three fee+_ to the property line. B. Porches, platforms and landings may extend into front and rear yards not more thaxz six feet.. But not into the rear yard set backs. 17. 34.1D0 Fences',' Walls-and Hedges. .Anywhere within any required yard or along a side lot line,' the following fences, walls or, hedges may be located and maintained: i_ A. A fence, wall or hedge not more than six feet in height may be located along the side or rear lot lines, provided that such fence, wall or hedge does not extend into the required front yard. -~- ~. < 'Y ,.. + :__., r . _..:;.5~ a... ..-._ .. ,... ... .. , .~,,... ... .. ~w rJ .r > nix x. ...,. .,, _.. r....., .-< -. . ~ ~ Y y. a'x , wv ..TSZ#v +'u..r.... mS'^^'X6'° "at"""".+~'..'~. S.C~Y+..Y~SAL..ITr'v..',hav'6'~"'Sar~v-R'F ' - _ J 77 ' "fr <~ I z[ j i i' ~~ v C ~.' ~..,. r ~ .,~- .~ ~ ti. ~ ~ B. A~fence, wall"or hedge not more than four feet in height may be located along'the side lot line 'of the front yard and along the front property ;line, '17.34-.110 Off-street packing Off-street parking in the MPD district shall be as follows: A, Ore space for each mobilehome unit with a minimum improvement of concrete surface. A roof covering to be installed at such time'`as mobilehome is installed on the lot. B. Off-street parking shall not be located in the front. yard setback area or within 20 feet of the front property line. ` C. The off-street parking space shall not be. less than nine. feet in width 'and not less than twenty feet in length and. such space shall not be used for any other purpose which would prevent automoble_parking. 77.34.140 Permits 'and'Fees:.. Mobilehomes situated`on individual lots shall be subject to the following permits and fees: A. Permit fee issued in accordance with Section 17.34.050 I N-l shall be ten dollars plus any other applicable fees required by -~ the fee schedule .of the Uniform Building Code as adopted by the City of any State laws applicable to mobilehomes. B. Am annual permit shall be issued by the building inspector for each mobilehome located on an individual lot. Such annual permit fee shall be ten dollars and shall be in addition to any other fees required by law. '`17.34.150 Applications and Procedures for Establishing MPD..Zon~ A. A zone change application must be filed by the applicants in accordance with the provisions of this title. B, Upon receiving such application the matter shall be I- set for public hearing provided that the petition for such zone change i A is signed by not less than twenty-five percent of. the property owners who own land in the area proposed to be changed. C. The application for such zone change shall include: 1. A map of the area showing the proposed development -7- e ~.. f- ._ Y , ,.,., ,. ;, .~.~ determines that the area is suitable for such use (MPD District) and is satisfied that the improvements required as set forth in ..this chapter will be installed, the Planning Commission shall forward its recommendations to the City Council. The_City Eouncil shall set the matter for-public hearing. E. Reversionary Clause: If in the event the.. improvements as required in"this chapter are not installed within two. years, the area zoned shall automomatically revert to its former zone classifica- .Lion. 17.34.155 Other Regulations. -~ A, No MPD Subdivision shall have less Phan two openings ontC public streets or other access points. If it is desired for the sake of security to have but one open entrance, the other may be closed, :out shall be provided with crash gates or other facility to provide for entrance of emergency vehicles., such as fire fighting. equipment, ambulance and rescue equipment and police vehicles. B. Dio MPD Subdivision shall be designed to provide access to the lots from a public street, but all lots shall front on the private interior streets. C. A masonary wall or Clain-link fence with plantings to provide suitable screening shall be installed along all boundaries facing public streets, different MPD Subdivisions or other zoning uses.-- The top of the wall or fence shall be no less than six feet above the j level of the adjoining lot in the subdivision, .nor four feet above the.-level of an adjoining lot outside of the Subdivision if it is higher. This requirement may be waived or delayed as provided below. -8- the dime-for installation of improvements set forth in 17.34.150 E, ' maybe waived by the City ',Council after first receiving the`recommenda- tion of the Planning .Commission, provided that the applicant for suoh i-f waiver provides -the Planning Commission, in writing, with all materials and data supporting consideration of such waiver. 7T.34.170 Enforcement. It shall be the .duly appointed agent of the City Council to enforce the provisions of .this chapter. 'Section 2. Pub1icatioh This ordinance shall be published and become effective as provided by laws PASSED AND ADOPTED THIS 11 day of ''July' , ,1977. s/Flank L. DePasquale Mayor o t e City o Lae E s more ATTEST: , 0 >r -9- 9~~ ,.: , ;., ~~ .,~ .~-' x ,'' .ORDINANCE NO. s~i AN ORDINANCE OF THE CITY OF LAKE ELSINORE OF THE COUNTY OF RIVERSIDE, CALIFORNIA, AMENDING CHAPTER 12.08 OF THE LAKE ELSINORE MUNICIPAL CODE GOVERNING THE ISSUANCE OF ENCROACHMENT PERPIITS FOR CONSTRUCTION IN PUBLIC PLACES; 'INCLUDING STREET IMPROVEMENT AND EXCAVATION OF STREETS, AND SETTING FORTH THE PROCEDURES FOR THE ISSUANCE OF ENCROACHMENT PERMITS; AND REPEALING ORDINANCE NUMBER 145, SECTIONS 1, 2, AND 3. The City Council of the City of Lake Elsinore, California ~ does ordain as follows: SECTION 1: .Chapter 12.08 of the Municipal Code is .hereby amended to read as follows: "CHAPTER 1 2.08" ENCROACHMENT PERMITS FOR CONSTRUCTION IN PUBLIC PLACES Sections• - .12.08.010 TITLE 12.08.020 PURPOSE AND INTENT 12.08.030 DEFINITIONS 12.08.040 ENCROACHMENT PERMIT 12.08.050 APPLICATION 12.08.060 PERMIT FEES 12.08.070 WORK REQUIREMENTS 12.08.080 ,LIABILITY 12.08.090 CASH DEPOSITS 12.08.100 PROTECTION MEASURES AND ROUTING TRAFFIC 12.08.110 CLEARANCE FOR VITAL STRUCTURES i ~ 12.08.120 RELOCATION AND PROTECTION -0F UTILITIES 12.08.130 CLEAN UP 12.08.140 CUTTING OF PAVEMENT, SIDEWALK, CURB AND GUTTER AND CROSS GUTTER T2.08.150 BORING AND JACKING OF UTILITY LINES AND CONDUCTOR CASINGS 12.08.160 DEPTH OF SUBSTRUCTURES 12.08.170 BACKFILLING 12.08.180 SITE RESTORATION 12.08.190 TRENCHES 12.08.200 PROMPT COMPLETION OF WORK 1 2.08.210 URGENT. WORK 12.08.220- NOISE, DUST AND DEBRIS 12.08.230 INSPECTIONS, RULES AND REGULATIONS 1 2.08.240 PRESERVATION OF MONUMENTS 12.08.250 REMOVAL OR RELOCATION OF UTILITY FACILITIES 12.08.010 TITLE: This ordinance shall be known and may be cited as the "ENCROACHMENT ORDINANCE OF THE CITY OF LAKE ELSINORE". 12.08.020 PURPOSE AND INTENT: The purpose of this ordinance is to establish regulations to control encroachments into public places by requiring encroachment permits, and to establish measures for the protection of life and property; including traffic and pedestrian safe- guards. This ordinance regulates backfilling and resurfacing of excavations; Y ~I t, t prescribes application procedures-for permit issuance; establishes ' bonding, insurance and liability requirements; and prescribes penalties -for violation of its:. provisions. 12.08.030 DEFINITIONS: For purposes of this ordinance, the following terms; phrases, words and derivations shall have the meaning given herein. -. _ (1) ENCROACHMENT shall mean a going upon, over, under or _ placing any facilities upon, along, across, over or under, or using a public place in such a manner as to prevent, obstruct or interfere temporarily or permanently with the normal use of that public place. (2) ADMINISTRATIVE AUTHORITY shall mean the City Manager or City Engineer, or other person designated by the City of Lake Elsinore to administer and enforce the provisions of this ordinance. (3} PERSON shall mean. any person, firm or partnership, association, corporation, company or organization of any kind. (4) UTILITY shall mean a private company and/or corporation operating under regulation of .the Public Utilities Commission or a municipal and/or county department or other governmental agency engaged in providing a particular service to thegeneraT public. (5) .PUBLIC PLACE shall mean any public street, way, place,.alley> sidewalk, parkway, square, plaza, easement or any other similar public property under the control of .the administrative authority. (6) FACILITY shall mean any pipe, pipeline, tube,. main, service, trap, vent, vault, manhole, meter, guage, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box, transformer or any other material, structure, public improvement, or object of any kind or character; including a building, portion of a building or any other structure whether enumerated herein or not, which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under or over any public place. (7) EXCAVATION shall mean any opening under, in or across the surface of a public place made'in any manner whatsoever.. (8) SUBSTRUCTURE shall mean any pipe, conduit, duct, tunnel, buried cable or wire or any other similar structure located below the surFace of any public place. T .,_~.._._ ._ ~_._,. .._..-_~..~_~ .._.v s, ,. __~. .. . r _ _ r ~~ ~ J Y 12.08.040 ENCROACHMENT PERMITc No person shall establish or cause any encroachment irr any public place unless there has been first obtained an encroachment permit from the administrative authority. 12.08.050 APPLICATION: An application form provided by the administrative authority, shall be submitted before any encroachment permit is issued. -~ The application shall state the name and address and principal place of business of the applicant,. the purpose, the location-and dimensions where applicable of the installation or removal, the size of any excavation. to be made, or-other work to be performed;-the approximate time when the work will begin, and the approximate time required to complete the work; including - - removing all obstructions, material and debris, backfilling, compacting and placing permanent resurfacing and/or replacing improvements. A permit expiration-date may be established by the. administrative authority. A permittee shall give the administrative authority 24 hours advance notice when the work will be commenced. Conditions may be added at the time of the issuance of the permit consistent with, and in implementation of the require- ments of this ordinance. When approved and signed by the administrative - authority, the application shall constitute a permit. .Whenever significant changes or modifications are made to existing facilities, permittee shall secure written approval from the owner of the facility and an addendum to the original encroachment permit from the administrative authority. .12.08.060. PERMIT FEES: .The administrative authority may collect a permit fee to cover the cost incurred by the City pursuant to the provisions of this ordinance. Recoverable costs include administrative expenses involved in the issuance of an encroachment permit, checking plans. for compliance with it and other ordinances and field inspections conducted to insure compliance with the terms and conditions under which the encroachment permit was issued. Fee schedules may be established by resolution of the City.. 12.08.070 WORK REQUIREMENTS: All encroachment work shall be performed in accordance with the laws of the State of California and with standard specifications for public work construction as specified by the Southern California Chapter of the American Public Works Association, Cal Trans, and the Associated General Contractors of Southern California, or according to the plans and specifications referred to in the. permit, and in addition, to any special requirements and/or specifications which may be a part of the permit. G ~ r ..'. '1P ` 12.08.080 LIABILITY: The permittee shall indemnify,, defend and save the City of Lake Elsinore,-its agents, officers, representatives and employees, harmless from and against any and all liabilities, damages, penalties and loss resulting from any claims or court action and arising '.out of any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to this ordinance. The permittee shall be responsible ' for all liability imposed for personal injury or property damage. caused. by work performed under the encroachment permit or caused by failure on the permittee's part to perform his maintenance obligations .under said permit.. If any liability claim is made against .the City, its officers or employees; permittee shall defend, indemnify and hold them, and. each - of them harmless from such claim.: The permittee shall cause to be issued from an acceptable insurance carrier, a public liability policy naming the- said permittee and obtain an endorsement in which the City and its agents, officers and employees be named as additional insureds. 12.08.090 CASH DEPOSITS: If. required by the administrative authority, permittee shall provide a cash deposit or security ,bond or other acceptable security in the amount determined by the administrative authority as sufficient to reimburse the City for the cost of restoring the public place to its original condition in the event permittee fails to do so. 12.08.100- PROTECTION MEASURES AND ROUTING OF TRAFFIC: .It shall be the duty of every person undertaking any construction, including making an excavation in or upon any public place, to. place and maintain barriers and warning devices necessary for safety of the general public. For excavations over five feet in depth, blasting operations and tunneling work, the permittee shall, when required by law, obtain a permit from the California Division of Industrial Safety and/or any other permit required by State or Federal Safety Regulations. Barriers, warning signs, lights, and other devices shall conform to the "Manual of Warning Signs, Lights and Devices for use in Performance of Work Upon Highways", issued by the State of California,. Department of Transportation, and to any additional requirements specified by the administrative authority. Warning signs shall be placed as prescribed in the "Traffic Manual" issued by the. State of California, Department of Transportation. Permittee shall . , ,! fora period of time prescribed by .said authority.. The written approval of the administrative authority may require the prmittee provide approved detour and give notification to the various public agencies and to the general public. In such cases, the written approval shall not be valid until-the notice is given. 12.08.110 CLEARANCE FOR VITAL STRUCTURES: The construction work shall be performed and conducted so as to not unreasonably interfere with access to fire hydrants, fire stations, fire escapes, water gates, undergound vaults, valve housing structures, and all other vital property designated by the administrative authority. 12.08.120 RELOCATION AND PROTECTION OF UTILITIES: Permittees shall inform themselves as to the existence and location of all facilites likely to be encountered by their operations. No facility owned by the City shall be moved to accomodate the permittee unless the cost of .such work be borne by the permittee. All facilities affected by any excavation or any other construction work shall be supported and protected by the permittee with methods as required by law and approved by the owner of the facility. Should an existing facility be damaged by the permittee's operations, the ,permittee hall promptly notify the owner of the damaged facility. All facilities damaged by the permittee's operations shall be repaired as directed by the -owner and the expense of such repair shall be charged to the permittee. 12.08.130 CLEAN UP: As the excavation or other construction work progresses, all streets sha1T be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from the work. All clean up operations at the location of the construction shall be accomplished at the expense of the permittee and to the satisfaction of the administrative authority. 12.08.140 CUTTING OF PAVEMENT, SIDEWALK, CURB AND GUTTER AND CROSS GUTTER: (a) ASPHALT PAVEMENT: Asphalt pavement shall be saw cut unless an. .alternate method is approved by the administrative authority. •,S . t l) f . ~ , 1~ + ~ (b) CONCRETE SIDEWALKS, CURB AND GUTTER AND CROSS GUTTER: -All concrete facilities sha1T be saw cut to the depth as may be specified by the administrative authority. Sidewalks, curbs, gutters and cross gutters shall be cut on and removed to the nearest joint or score line. In the. absence 'of lines and joints, the area to be cut and removed will be determined in the field by the. I administrative authority, or his agent. .12.08.150 BORING AND JACKING OF UTILITY LINES AND CONDUC70R CASINGS: The administrative .authority may. require boring and jacking of utility lines and conductor casings in public streets. 12.08.160 DEPTH OF SUBSTRUCTURES: .Unless otherwise required by the administrative authority,. the minimum cover: of a substructure shall be as foTlows.: - (a) STREETS AND ALLEYS: 24 inches below the establishedflow line 'of the nearest gutter or if a flow line is not established,`then the depth shall be at a minimum of 30 inches below the-surface of the nearest outermost edge of the travel portion of the street;. or; (b) ..PARKWAYS: 18 inches below established parkway elevation` (c) OTHER PUBLIC. PLACES: 12 inches below the surface.- ~ - 12.08.170 BACKFILLING: Backfilling shall consist of placirig and compacting excavated filling material in an excavation. Compaction to a relative density of 90q up to the ground surface or up to the base material if in a paved street, shall be achieved upon completion of the backfill. .Base material sfiall be compacted to a relative density of 95~ Compaction tests by an approved soils laboratory or engineer may be required at permittee`s expense to insure Compliance with this section.. - 12,08.180 SITE RESTORATION: Unless otherwise approved by the administrative authorities, the minimum site restoration shall be as follows: (a) CONCRETE SIDEWALK, CURB AND GUTTER AND CROSS GUTTER: All concrete facilities shall be replaced at the same cross section thickness as that removed except that sidewalks shall be a minimum of four inches thick, and ~ driveways, gutters. and cross gutters shall be a minimum of six inches thick or as required by the adopted standards of the administrative authority. (b) ASPHALT PAVEMENT: All trenches within existing paved roads shall be provided with temporary resurfacing, unless the permittee immediately installs permanent resurfacing. Temporary paving shall be properly maintained until permanent surfacing is placed. Prior to placement of permanent material, edges shall be trimmed to a vertical face. Permanent pavement ;shall be the thickness of the existing pavement plus .one inch. Pavement shall be placed so the finished surface, after compaction, is level. with or does not exceed a maximum of 1/4 inch above the existing pavement and -i does not overlap into the existing pavement.. If the pavement is to overlap _ the trench cut, it shall be brought up in two lifts; the first lift to be level with the existing pavement when completed. If over 50% of a street is destroyed, the administrative authority may require a structural overlay of the entire street. (c) LAWN AREAS Whenever it may be necessary for the permittee to trench any lawn area, the area shall be re-seeded or the sod shall be carefully cut and rolled and replaced after the ditches have been backfilled as required by this ordinance. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clear"of earth. and debris and in a condition as near as practicable to that which existed before . the work began. A permittee shall not remove, even temporarily, any trees ~ or shrubs which exist in parkway areas without first obtaining the consent of the administrative ,authorities. 12.08.190 TRENCHES: The maximum amount of open trench to be allowed shall be determined by the administrative authority. 12.08.200 PROMPT COMPLETION OF WORK: After a project is commenced, the permittee shall diligently "pursue all. work covered by the encroachment permit, and promptly complete all work and restore the street as near as .practicable, to its original condition to avoid obstruction of the public place more than is reasonably necessary. 12.08.210 URGENT WORK:. When in the judgment of the administrative authority, the safety or convenience of the traveling public or the public interest requires that encroachment work be performed as emergency work, the administrative authority shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee 24 hours a day to the end that such work may be completed as soon as practicable. 12.08.220 NOISE, DUST AND DEBRIS: Each permittee shall carry out encroachment work irr a manner which will avoid unnecessary inconvenience to the general public and occupants of neighboring property, and the permittee shall take all ~~ ~t ~ ~ - ". >'; i . ,. practical measures to reduce noise, dust and debris.' Nours of restricted ' operation may be established by the administrative authority. 12.08.230 INSPECTION RULES AND REGULATIONS: The administrative authority shall make inspections and may establish rules and regulations reasonably necessary to enforce and carry out the intent of this ordinate. 12.08.240 PRESERVATION OF MONUMENTS: No monument set for the purpose of locating or preserving the lines of any street. or property subdivision; --~ • including precise survey reference points or'permahent survey bench marks within the .City/County, shall be removed or disturbed by any person taho has not. first obtained written permission from tfie administrative authority. Permission to remove, disturb or replace monuments shall only be granted upon the condition that the removal, disturbance or replacement of any monument be done under-the supervision of a registered engineer or licensed land surveyor. Any expenses incurred by the administrative authority for the proper replacement of monuments shall be paid by the permittee. 72.08:250 REMOVAL OR RELOCATION OF UTILITY FACILITIES: On ail street opening ;and improvement projects necessitated by private property developments which require the removal and/or relocation of facilities such as, but not limited ! to, electric,. gas, water or telephone lines, the land developer/owner sha'I1 be responsible and make the necessary arrangements with the serving utilities. Evidence of such completed arrangements shall be presented by the land- developer/owner to the City Building Inspector's office prior to final approval of the development plans or the issuance of any permit to construct. SECTION 2: PENALTY: Any person violating the provisions or failing to comply with any of themandatoryrequirements of this ordinance is guilty of a misdemeanor and any person convicted shall be punished in accordance with Ordinance Number 541, Section 1 and as set forth in Section 1.16.010 of the Municipal Code of the City of Lake Elsinore. SECTION 3: This ordinance shall be published ahd become effective as provided by law. -, PASSED AND ADOPTED this 25th day of Juiv T977: SIGNED ANO APPROVED this 25th day of July 1977. s/ Frank L. DePas uale MAYOR OF THE CITY OF LAKE ELSINORE ATTEST: s/Florene Marshall .CITY CLERK OF IHE CITY OF LAKE ELSINORE ., ., ..:. :. A` P> ' d'1, ` L ORDINANCE NO. 572 ANORDINANCE OF-THE CITY OF LAKE ELSINORE, CALIFORNIA, PROVIDING FOR PAYMENT OF CERTAIN FEES, INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS AND OFFERING FOR DEDICATION FOR PUBLIC STREET, ALLEY, UTILITY AND PARK PURPOSES PORTIONS OF LAND TO BE SO DEVELOPEDOR SIIBDIVIDED, OR MAKING INLIEU PAYMENTS FOR SUCH DEDICATIONS; AND RE- PEALING CHAPTER 13.20 (ORDINANCE 31 T, PAR. 1-8) CHAPTER 15.52 (ORDINANCE 461. PAR. 1-3) OF THE CITY OF LAKE ELSINORE,REPEALING SECTION 16.56.020 (ORDINANCE 529 -PAR. 6.10 (B), 1973) AND AMENDING TITLE l6 OF THE CITY OF LAKE ELSINORE MUNICIPAL CODE, AND REPEALING ORD. 555 AND-DETERMINING THIS ORDINANCE TO BE AN IIRGENCY MEASURE FOR THEPRESERVATIONOFTHE PUBLIC HEALTH, SAFETY AND FINANCIAL STABILITY OF THE CITY OF LAKE ELSINORE. WHEREAS, there exists a lack of, or deficiency in certain public 'improvements and facilities in the City of Lake Elsinore; and WI3EREAS, it is necessary to provide for orderly growth,-the installation of certain public improvements and upgrading of certain public facilities to maintain the existing level of service for the City; and WHEREAS, new construction is the main cause creating demand for the public improvements and facilities; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: Section L Any person, firm, association or corporation desiring or intending to-build or construct any building or structure or any addition or alteration which. requires a building permit or permits, the cumulative square footage of which additions or alterations shall, after the date of adoption of this Ordinance, constitute a total of 650 square feet of additions or alterations, shall file a written application with the Building Inspector of the City together with certain plans, offers of dedication and shall pay certain fees prior to issuance of a Building Permit. These plans and the various fees are stated herein with amount as stated in the resolution adopted by the City Council: A. Plans to be submitted: 1. Plot Plan 2. Grading Plan 3. Street improvement Plans and Drainage Plans 4. Plans for Extension of Utilities, if such extension may be required. 5. Certificate of Survey. ~. ,„ 1 r.. ~ I ., ] ~ .. .~ ,. I .~.{ ~. v a J~~ i • ~..- S~ i ~ ~ ~.5 ,. r _ 's. .,.. ..:' '.... ......t .. ,. :._. _...~a9J>x~.a+.Mw.Mwriu~waa~ +..u~ev.~.Sau~ea...ua.a~'a.:_._ ..wa.~.rt5enwre`.AVr~~xv2L+«v:rMtim ¢.ia ice..+~.vim .. evive ...m. v~xtiwa~h .v=wan~ .aammavenv:.aa.. _.. J ,.. .a B. .Offers of Dedication to be submitted as may be required: 1. A grant deed to the City for dedicating for street ~ purposes in accordance with. the .adopted street width j for the location of proposed building site. 2. A grant of easement for the purpose of constructing, maintaining .and operating water system, sewer .system, storm drain system and other utilities as may be required by .the City. 3. - A grant deed to the City for dedication of land for public park purposes or in lieu payment to the Park Capital .Improvement Fund, in accordance with the formula specified in the resolution. C. Prior to issuance of Building Permit: '1. The plans enumerated in'SUbsection A above shall be `approved and the public improvements to include curb, gutter,. sidewalk, paving, storm drains, water system, sewer system,. street lighting and other utilities shall be constructed or construction. thereof secured with a deposit, the amount to be determined by the. City Engineer, securing the installation of these improvements by the applicant. prior to occupancy permit. No occupancy permit shall be issued until the required improvements have been installed, or 2. Upon recommendation of the City Engineer and concurrence of the City Manager, the City Council may authorize signing of an agreement between the City and the owner of the property delaying the installation of such improvements that may be impractical to install at the time of building permit. Such agreement would require the owner to install or cause to be installed the required improvements at such time as the City requests installation of these improvements. _2_ 3. The utilities such as water and sewer, when requiring extensions to serve any parcel to be developed shall be constructed by the owner's licensed contractor. Contractor performing such extensions shall be properly licensed by the State Board for the type. of work. he is proposing to perform, shall deliver to the City certificate of insurance indicating that he is fully covered for public. liability, damage. and vehicle insurance in the amount required by resolution. 4. The parcels shall be deemed served by City water and sewer if the distance in feet from the closest property line to the facility to be extended shall be 200 times number of lots to be developed. S. Reimbursement for extension of public utilities benefiting .other parcels shall be in accordance with Chapter 13..12 of the City of Lake Elsinore Municipal Code. 6. .City of Lake Elsinore or any of its employees shall be prohibited from construction or participating in the construction of main line utilities for private developer unless specifically directed to do so by the City Council of City of Lake Elsinore. The costs of such construction if directed by the City Council shall be direct labor, material and equipment costs plus overhead. The estimate of such construction shall be prepared by the City Engineer and a deposit shall be made by the applicant with the City Finance Director. Upon completion of the work, any additional costs incurred by the City shall be paid by the applicant. Any unused portion of the deposit shall be refunded to the applicant. -3- • ~ .. : _ .~ ~r i. .,~,»;.~,~ ......~..,..~, ~,..w.__.~_~,.o.„.,~,n, ~.d..,, _..~._. _~,,,., .~ D. Prior to issuing of a Building Permit, the applicant in addition to the requirements set forth above, shall be required to pay .such fees, for the purposes described herein, and in a specific amount set forth in a resolution: 1. Sewer Capital Improvement Fund, for the purpose of local portion of the cost of expanding the existing sewage treatment plant, and future construction of sewage treatment plant facilities.. In .the future, when the " financing for the local portion of the regional facility is being considered, a credit shall be given those properties which have paid as provided for by this Ordinance for the expansion of the facilities. No refund shall be considered as a result of the credits. so considered.. The .funds so collected shall be placedin a special. Sewer..Capital Improvement Fund and shall be used ex- clusivelg for capital improvements associated with the sanitary sewer. system construction. 2. Water Capital Improvement Fund for. the purpose of replacing the existing reservoir;~booster system and upgrading of the transmission and distribution system within the service area of the. City of Lake Elsinore. 3. Street Capital Improvement Fund: (a) For the purpose of capital improvement project of arterial and collector streets throughout the City. .The funds so collected shall be set aside to supple- ment gas tax revenues and other revenues which may be budgeted and. made available by the City Council for that purpose. (b) For the purpose of maintenance and operation of the local roads to supplement the gas tax revenues or other revenues which may be budgeted and made avail- . able by the City Council for that purpose. -4- 4. Park Capital Improvement Fund: -~ For the. purpose of purchasing the .land, developing and maintaining the City park system. The City Council shall have the option to request dedication for park purposes or in. lieu thereof request that the applicant pay a fee in accordance with the resolution setting said fees. .5. ..Storm Drain Improvement Fund: For the purpose of developing a storm-drain master plan and .a storm drain system in accordance with said master plan. Said fees shall be established by a resolution and. shall be glaced in Fund exclusively for the use ,specified herein above. 6. Plan checking fees shall. be established by resolution of the City. Council and shall be used for the purpose of offsetting administrative and engineering costs foY processing the improvement plans and Design Review Board applications. In .addition to the plan checking fees ~: herein provided for there shall be the plan checking fees as provided €or by the building code. Section 2: It shall be unlawful for any person,. firm, association or corporation to build or construct any building or structure or any additions or alterations without complying with the provisions of this Ordinance, and .any person, firm, association or corporation who violates any of the provisions of this Ordinance shall be guilty of a misdemeanor and shall be punished in accordance with Ordinance No. 541 Section 1 and as contained in .Section 1.16.010 of the Municipal Code of the City of Lake Elsinore. Any of the. above .named persons shall be deemed guilty of a separate offense for each and every day during which any violation of this Ordinance is committed, conducted or permitted by any of the above named persons. Section 3: Any of the above named persons who violate any of the provisions of this Ordinance .shall not be entitled to the installation of .any public utilities such as water and sewer connections or any other public utilities over which the City has jurisdiction until such time as said persons have complied with this Ordinance. -5- e - ~ ^~ •. a : , ATTEST: Section 4: In addition to the remedies and penalties as herein- above,provided, the City shall have the right to bring a civil action for an injunction or other relief against ..such person or persons who have violated the provisions of this Ordinance.. The remedies and penalties provided herein shall be accumulative and not exclusive. ..Section 5: In the. event that any provision of this Ordinance is determined to be invalid by a Court of competent jurisdiction the remaininglsections shall remain in full force and effect. Section 6: This ordinance is determined to be an urgencg measure for the preservation of the public.health, aafety and financial stability of the City of Lake. Elsinore. , Section 7: This ordinance shall be published and shall become effective as provided by law. .APPROVED, ADOPTID AND SIGNED this25th dayof. July, 1977 by the following roll call votes Ayes:.: Councilmen .Torn, Crowe, Carter, Harris,DePasquale. Noes: None Abstained: None \ ~ ~.~ ~~~r~~ ~~~ ~ P/J Florene Marshall City Clerk City of. Lake Elsinore -6- Mayor City of Lake Elsinore ., ., ..:. :. A` P> ' d'1, ` L ORDINANCE NO. 572 ANORDINANCE OF-THE CITY OF LAKE ELSINORE, CALIFORNIA, PROVIDING FOR PAYMENT OF CERTAIN FEES, INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS AND OFFERING FOR DEDICATION FOR PUBLIC STREET, ALLEY, UTILITY AND PARK PURPOSES PORTIONS OF LAND TO BE SO DEVELOPEDOR SIIBDIVIDED, OR MAKING INLIEU PAYMENTS FOR SUCH DEDICATIONS; AND RE- PEALING CHAPTER 13.20 (ORDINANCE 31 T, PAR. 1-8) CHAPTER 15.52 (ORDINANCE 461. PAR. 1-3) OF THE CITY OF LAKE ELSINORE,REPEALING SECTION 16.56.020 (ORDINANCE 529 -PAR. 6.10 (B), 1973) AND AMENDING TITLE l6 OF THE CITY OF LAKE ELSINORE MUNICIPAL CODE, AND REPEALING ORD. 555 AND-DETERMINING THIS ORDINANCE TO BE AN IIRGENCY MEASURE FOR THEPRESERVATIONOFTHE PUBLIC HEALTH, SAFETY AND FINANCIAL STABILITY OF THE CITY OF LAKE ELSINORE. WHEREAS, there exists a lack of, or deficiency in certain public 'improvements and facilities in the City of Lake Elsinore; and WI3EREAS, it is necessary to provide for orderly growth,-the installation of certain public improvements and upgrading of certain public facilities to maintain the existing level of service for the City; and WHEREAS, new construction is the main cause creating demand for the public improvements and facilities; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: Section L Any person, firm, association or corporation desiring or intending to-build or construct any building or structure or any addition or alteration which. requires a building permit or permits, the cumulative square footage of which additions or alterations shall, after the date of adoption of this Ordinance, constitute a total of 650 square feet of additions or alterations, shall file a written application with the Building Inspector of the City together with certain plans, offers of dedication and shall pay certain fees prior to issuance of a Building Permit. These plans and the various fees are stated herein with amount as stated in the resolution adopted by the City Council: A. Plans to be submitted: 1. Plot Plan 2. Grading Plan 3. Street improvement Plans and Drainage Plans 4. Plans for Extension of Utilities, if such extension may be required. 5. Certificate of Survey. ~. ,„ 1 r.. ~ I ., ] ~ .. .~ ,. I .~.{ ~. v a J~~ i • ~..- S~ i ~ ~ ~.5 ,. r _ 's. .,.. ..:' '.... ......t .. ,. :._. _...~a9J>x~.a+.Mw.Mwriu~waa~ +..u~ev.~.Sau~ea...ua.a~'a.:_._ ..wa.~.rt5enwre`.AVr~~xv2L+«v:rMtim ¢.ia ice..+~.vim .. evive ...m. v~xtiwa~h .v=wan~ .aammavenv:.aa.. _.. J ,.. .a B. .Offers of Dedication to be submitted as may be required: 1. A grant deed to the City for dedicating for street ~ purposes in accordance with. the .adopted street width j for the location of proposed building site. 2. A grant of easement for the purpose of constructing, maintaining .and operating water system, sewer .system, storm drain system and other utilities as may be required by .the City. 3. - A grant deed to the City for dedication of land for public park purposes or in lieu payment to the Park Capital .Improvement Fund, in accordance with the formula specified in the resolution. C. Prior to issuance of Building Permit: '1. The plans enumerated in'SUbsection A above shall be `approved and the public improvements to include curb, gutter,. sidewalk, paving, storm drains, water system, sewer system,. street lighting and other utilities shall be constructed or construction. thereof secured with a deposit, the amount to be determined by the. City Engineer, securing the installation of these improvements by the applicant. prior to occupancy permit. No occupancy permit shall be issued until the required improvements have been installed, or 2. Upon recommendation of the City Engineer and concurrence of the City Manager, the City Council may authorize signing of an agreement between the City and the owner of the property delaying the installation of such improvements that may be impractical to install at the time of building permit. Such agreement would require the owner to install or cause to be installed the required improvements at such time as the City requests installation of these improvements. _2_ 3. The utilities such as water and sewer, when requiring extensions to serve any parcel to be developed shall be constructed by the owner's licensed contractor. Contractor performing such extensions shall be properly licensed by the State Board for the type. of work. he is proposing to perform, shall deliver to the City certificate of insurance indicating that he is fully covered for public. liability, damage. and vehicle insurance in the amount required by resolution. 4. The parcels shall be deemed served by City water and sewer if the distance in feet from the closest property line to the facility to be extended shall be 200 times number of lots to be developed. S. Reimbursement for extension of public utilities benefiting .other parcels shall be in accordance with Chapter 13..12 of the City of Lake Elsinore Municipal Code. 6. .City of Lake Elsinore or any of its employees shall be prohibited from construction or participating in the construction of main line utilities for private developer unless specifically directed to do so by the City Council of City of Lake Elsinore. The costs of such construction if directed by the City Council shall be direct labor, material and equipment costs plus overhead. The estimate of such construction shall be prepared by the City Engineer and a deposit shall be made by the applicant with the City Finance Director. Upon completion of the work, any additional costs incurred by the City shall be paid by the applicant. Any unused portion of the deposit shall be refunded to the applicant. -3- • ~ .. : _ .~ ~r i. .,~,»;.~,~ ......~..,..~, ~,..w.__.~_~,.o.„.,~,n, ~.d..,, _..~._. _~,,,., .~ D. Prior to issuing of a Building Permit, the applicant in addition to the requirements set forth above, shall be required to pay .such fees, for the purposes described herein, and in a specific amount set forth in a resolution: 1. Sewer Capital Improvement Fund, for the purpose of local portion of the cost of expanding the existing sewage treatment plant, and future construction of sewage treatment plant facilities.. In .the future, when the " financing for the local portion of the regional facility is being considered, a credit shall be given those properties which have paid as provided for by this Ordinance for the expansion of the facilities. No refund shall be considered as a result of the credits. so considered.. The .funds so collected shall be placedin a special. Sewer..Capital Improvement Fund and shall be used ex- clusivelg for capital improvements associated with the sanitary sewer. system construction. 2. Water Capital Improvement Fund for. the purpose of replacing the existing reservoir;~booster system and upgrading of the transmission and distribution system within the service area of the. City of Lake Elsinore. 3. Street Capital Improvement Fund: (a) For the purpose of capital improvement project of arterial and collector streets throughout the City. .The funds so collected shall be set aside to supple- ment gas tax revenues and other revenues which may be budgeted and. made available by the City Council for that purpose. (b) For the purpose of maintenance and operation of the local roads to supplement the gas tax revenues or other revenues which may be budgeted and made avail- . able by the City Council for that purpose. -4- 4. Park Capital Improvement Fund: -~ For the. purpose of purchasing the .land, developing and maintaining the City park system. The City Council shall have the option to request dedication for park purposes or in. lieu thereof request that the applicant pay a fee in accordance with the resolution setting said fees. .5. ..Storm Drain Improvement Fund: For the purpose of developing a storm-drain master plan and .a storm drain system in accordance with said master plan. Said fees shall be established by a resolution and. shall be glaced in Fund exclusively for the use ,specified herein above. 6. Plan checking fees shall. be established by resolution of the City. Council and shall be used for the purpose of offsetting administrative and engineering costs foY processing the improvement plans and Design Review Board applications. In .addition to the plan checking fees ~: herein provided for there shall be the plan checking fees as provided €or by the building code. Section 2: It shall be unlawful for any person,. firm, association or corporation to build or construct any building or structure or any additions or alterations without complying with the provisions of this Ordinance, and .any person, firm, association or corporation who violates any of the provisions of this Ordinance shall be guilty of a misdemeanor and shall be punished in accordance with Ordinance No. 541 Section 1 and as contained in .Section 1.16.010 of the Municipal Code of the City of Lake Elsinore. Any of the. above .named persons shall be deemed guilty of a separate offense for each and every day during which any violation of this Ordinance is committed, conducted or permitted by any of the above named persons. Section 3: Any of the above named persons who violate any of the provisions of this Ordinance .shall not be entitled to the installation of .any public utilities such as water and sewer connections or any other public utilities over which the City has jurisdiction until such time as said persons have complied with this Ordinance. -5- e - ~ ^~ •. a : , ATTEST: Section 4: In addition to the remedies and penalties as herein- above,provided, the City shall have the right to bring a civil action for an injunction or other relief against ..such person or persons who have violated the provisions of this Ordinance.. The remedies and penalties provided herein shall be accumulative and not exclusive. ..Section 5: In the. event that any provision of this Ordinance is determined to be invalid by a Court of competent jurisdiction the remaininglsections shall remain in full force and effect. Section 6: This ordinance is determined to be an urgencg measure for the preservation of the public.health, aafety and financial stability of the City of Lake. Elsinore. , Section 7: This ordinance shall be published and shall become effective as provided by law. .APPROVED, ADOPTID AND SIGNED this25th dayof. July, 1977 by the following roll call votes Ayes:.: Councilmen .Torn, Crowe, Carter, Harris,DePasquale. Noes: None Abstained: None \ ~ ~.~ ~~~r~~ ~~~ ~ P/J Florene Marshall City Clerk City of. Lake Elsinore -6- Mayor City of Lake Elsinore L ~ ORDINANCE NO. 5'T3'' AN ORDINANCE OF THE CITY OF LAKE EL5INORE REZONING CERTAIN PROPERTY FROM ITS PRESENT ZONE OF R-2 (two family district) to R-1 (single residential district) AND AMEND ORDINANCE NO. 349:.' THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE ELSINORE 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-2 (two .family residential district) to R-1 (single family residential district). That the property which is hereby rezoned is all that certain real property located in the City of Lake Elsinore, California and more particularly described as follows: ...Lots #8, 10, 12, 14, 16, 18 & 20 Block 29 Town of Elsinore Subdivision Lots #7, 9, 11, 13, 15, 17 Block 33 Town of Elsinore Subdivision Lots #l, 2, 3 Block 40, Town of .Elsinore Subdivision Lots #1, 2, 3, 4, 5, & 6 Block 41 Town of Elsinore Subdivision Lots #1, 2, 3, 4, 5, & 6 Block 42 Town of Elsinore Subdivision Lots #1, 2, 3, 4, 5, & 6 Block 43 Town of Elsinore Subdivision Lots #4, 5, & 6 Block 44, Town of Elsinore Subdivision SECTION 2: Ordinance 349 of the Lake Elsinore, California is hereby amended to effect the rezoning of the above described property. SECTION 3: The City Clerk is hereby ordered and directed to certify the passage of this Ordinance .and cause the same to be publishedin the manner prescribed by law. ADOPTED by the City Council and City Clerk this s th day of August, ~t Mayor ATTEST : ,~ City Clerk of the City of Lake Elsinore 77 and attested by the <.. e.3'~` ~. a; v 'e, ORDINANCE NO ', 573_,=8 AN ORDINANCE OF THE CITY OF LP.ItE ELSINORE, COUNTY OP RIVERSIDE STATE OF CALIFORNIA REZONING CERTAIN .REAL PROPERTY FROM ITS PRESENT ZONE R-1 (Single family residential district} to C-1 (Limi- _''ted Commercial District} and MPD (Mobile Home Plan Developments} AND AMENDING ORDINANCE N0. 349 The Mayor and City Council of the City of Lake Elsinore ~" do ordain as follows: Section l: The following .described property located in the City of Lake Elsinore, State of California is here bI removed from °its present district as R-1 (Single family residental district) to `C-l (Limited Commercial District) and to zone MPD (Mobile Home Plan Developments). That the property which is rezoned is all that certain real property which is located in the City of Lake Elsinore, County of Riverside, State of California and more particularly described in the attached legaldescription which is marleed Exhibit "A" and made a part hereof. Section 2: That the portion of the above described real property which is hereby being zoned C-1 .(Limited Commercial District) is all that real property described as Parcel 2 in said Exhibit "A" .attached hereto and made a part hereof. Section 3: That the above describ ed property being rezoned as MPD (Mobile Home Plan Developments) is all that real property- referred to as Parcel 1 described in Exhibit "A" and is made apart hereof,... Section 4: .That the rezoning of said property is to go into effect after the adoption of this ordinance and in accordance with the provisions of law and only after there has been adopted a revision of .the general plan of the City of Lake Elsinore, State of California. Section 5: Ordinance.No. 349 of the City of Lake Elsinore ,-°~ State of California is hereby amended to effect the rezoning of the j -above described real property in accordance with the provisions as hereinabove set forth. -1- - - - ., ' 4 ..~.. .~._~. u _,., .,~ .. . , ...F ~ ~ s/Frank L.. DePas~uale Mayor o t e City o Lake E lino er ATTEST: s/Florene Marshall City C ers of the City. of Lake Elsinore 1 2 ~~ 3 4 5 6 7 8 9 10 11 12 13 14 ' i ~i 15 I 15 I 17 18 19 20 21 22 - ~ ORDINANCE- 574 - ~ AN ORDINANCE OF THE CITY OF LAKE ELSINORE IN THE COUNTY -~ OF RIVERSIDE, CALIFORNIA, AMENDING SECTION 2.21 OF ORDINANCE b29 (LAKE ELSINORE MUNICIPAL CODE SECTION 16.08.190 B 7) TO CHANGE THE MAXIMUM GROSS AREA OR EACH NEW LOT CREATED FROM 60 ACRESOR MORE TO 40 ACRES OR MORE. The City Council of the City of LakeElsinore, California does ordain as follows: SECTION L Section 16.08.190 B 7 is amended to read as follows: "The division of land with each new lot created having a gross area of 40 acres or more." SECTION 2: This ordinance shall be published and become effective as provided by law. PASSED AND APPROVED .his 14th day of November, 1977. s/Frank L.-DePasquale Mayor Attest: s/Florene Marshall City Clerk 7 8 9 i0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 provisions of Ordinance No. 572 the City Council may upon the recommendation of the City Manager and City Engineer waive the provisions requiring the installation of any of the hereinafter set forth public improvements being curbs, gutters, sidewalks, paving or lighting, wherein it appears that said public improvemehta are unpractical or otherwise unnecessary at .said time or may be as set forth in Subsection 2 or Subsection C of Section 1 of Ordinance 572 or may require the applicant to make alternative improvements as may appear to be proper to 'the City Council." SECTION 2e This ordinance shall be published and shall be effective as provided by law. APPROVED, ADOPTED AND SIGNED this 28th day of November, 1977. s/Frank L. DePasquale Mayor Attest: s/FloreneMarshall .City Clerk ,~ 1 -~ ~. 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