HomeMy WebLinkAboutOrd. No. 1979-s. 584-597THE LANGUAGE TO. READ AS FOLLOWS:
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3 The Mayor and City Council of the City of Lake Elsinore do ordain:
4. 6.08.020 Raising animals for commercial purposes'prohibited.
5 it is unlawful for any person, firm or corporation to keep or raise
6 cats, dogs, rabbits, chickens, pigeons, geese, ducks or turkeys for
7 commercial purposes within that certain portion of the City described in
8 Section 6.08.010. Cats or dogs in quantities greater than three, or
9 rabbits, chickens, pigeons, geese, ducks or turkeys in aggregate quantities
10 greater than two shall be conclusively presumed to be for commercial
11 purposes.
12 This ordinance shall be published in the manner prescribed by law.
13 Passed, approved and adopted this 13th day of February, 1979.
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s/Nap Harris
15 Nap Harris
Mayor
16 Attest:
17 s/Florpne Marshall
Florene Marshall
18 City Clerk
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ORDINANCE NO.' 584
AN ORDINANCE OF THE CITY OF LAKE ELSINORE
AMENDING
SECTION 6.08.020 OF CHAPTER 6.08 OF TITLE
6 OF THE
CITY CODE OF THE CITYOF LAKE ELSINORE BY
AMENDING
THE LANGUAGE TO. READ AS FOLLOWS:
2
3 The Mayor and City Council of the City of Lake Elsinore do ordain:
4. 6.08.020 Raising animals for commercial purposes'prohibited.
5 it is unlawful for any person, firm or corporation to keep or raise
6 cats, dogs, rabbits, chickens, pigeons, geese, ducks or turkeys for
7 commercial purposes within that certain portion of the City described in
8 Section 6.08.010. Cats or dogs in quantities greater than three, or
9 rabbits, chickens, pigeons, geese, ducks or turkeys in aggregate quantities
10 greater than two shall be conclusively presumed to be for commercial
11 purposes.
12 This ordinance shall be published in the manner prescribed by law.
13 Passed, approved and adopted this 13th day of February, 1979.
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s/Nap Harris
15 Nap Harris
Mayor
16 Attest:
17 s/Florpne Marshall
Florene Marshall
18 City Clerk
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Mayor and City Council of the City of Lake Elsinore do ordain:
Section 1: Section A of Chapter 17. 76. 020 of Title 17 of the
Municipal Code of the City of Lake Elsinore is hereby amended by adding thereto
the following language to read as follows:
"However a conditional exception maybe granted in Zones R -2
and R -3 waiving the side setback and lot area square footage, pro-
viding that each lot shall be not less than 3, 000 square feet on each
lot and not more than one dwelling unit maybe constructed on each
lot and that a firewall between each building unit shall be constructed
in accordance with the uniform building code of the City of Lake
Elsinore."
Section 2: This ordinance shall be published in the manner prescribed
by law.
Adopted this 12th day of March 1979
s /Nap Harris
MAYOR OF THE CITY OF LAKE ELSINORE,
CA LIFORNIA
ATTEST:
s /Florene Marshall
CITY CLERK
Section 1: Section C of Chapter 17.92.010 of Title 17 of the
Municipal Code of the City of Lake Elsinore is hereby amended. by changing
the language to read as follows:
Amendments relative to changing district boundaries, reclassify
ing of property or uses therin, other substantial amendments hereto, or
General Plan changes shall be accomplished only after such public hearings
as are required in said matters by "The Conservation and Planning Act."
Section 2: Chapter 17.88 of the Title is hereby amended by
changing the language to read as follows:
Chapter 17.88
PETITIONS
Sections:
17.88.010 Form - Required information, statement of property owner
17.88.020 Filing Fees
17.88.030 Filing Required Information Referral
17.88.010 Form - Required Information from property owner. The
commission shall.prescribe the form, and scope of petitions to include the
State required Enviromental Assessment information and accompanying data
so as to assure the fullest practicable presentation of facts, and all
petitions shall be made on such forms. Included with the form shall the
names, addresses; and assessors parcel numbers of every owner of property
within 300 feet of the boundary of the property in question. Every "
petition for a conditional exception, and for amendments, shall include a
statement by at least one property owner who has signed such petitions,
and whose property is directly affected thereby, attesting to the truth
and correctness of all statements, maps, and other data. presented with
said petition and such verification shall be signed and acknowledged
before the City Clerk or a Notary Public. Any petition which has not been
prepared in accordance with these provisions need not be accepted or
considered and may be rejected by the City Council or the Commission.
17.88.020 Fees. At the time that a property oinier, or owners,
files a petition for a zone change, conditional exception or General
Plan change, the property owner must pay, and there shall be collected for
the use and benefit of the City, and said runs shall be deposited
in the General Fund, fees as set by Resolution of the City Cowmcil.
17.88.030 Filing - Referral. Petitions shall be filed with
'Y the Planning Commission Secretary and shall be referred to the Commission
for public hearing within 30 days of tompletion of the State required
Environmental Review process.
Section 3: This Ordinance is determined to'be an urgency
measure for the preservation of the Public Health, Safety and Financial
Stability of the City of Lake Elsinore.
Section 4: This Ordinance shall be published and shall become
effective as provided by law. -
APPROVED, ADOPTED AND SIGNED This 12 day of March
19 79 by the following roll call vote.
Ayes:. Torn, Crowe, Baldwin, Stewart, Harris.
Noes: none
Abstained: none
s /Nap Harris
Nap Harris - Mayor
City of Lake Elsinore
ATTEST:
s /Florene Marshall
Florene Marshall - City Clerk
City of Lake Elsinore
Publish: March 22, 1979
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ORDINANCE NO. 587
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA
ESTABLISHING PROCEDURES FOR THE ABATEMENT OF SUBSTANDARD
AND UNSAFE BUILDINGS,.AND AMENDING CHAPTER 15.08 OF THE
CITY OF LAKE ELSINORE MUNICIPAL CODE
The City Council of the City of Lake Elsinore does ordain as follows:
SECTION 1. Chapter 15.08 of the Lake Elsinore Municipal Code is
amended to read as follows:
(15.08.010).Adopted Filing The City.CouncI] adopts the Uniform Build-
ing Code Volume 111 Housing and. 'Volume IV Dangerous Buildings current
Editions, which have been approved by the International Conference of
Building Officials, three.copies:of' which are certified as true copies
and are on file in the office of the City Clerk and which are adopted
by reference and made a part of this Code as though set'?focth at
leng.th in this Section with the following amendments and /or modifi-
cations.
(A) Sections H -202, H-203, Chapters 11,12,13,14, 15, and 16 of
Volume 111 Housing, and Sections 202, 205, Chapters 4,5,6,7,8,
and 9 of Volume IV Dangerous Buildings are deleted.
(15.08.020) Abatement of Substandard and Unsafe Buildin s
Substandard and Unsafe Buildings within the - Incorporated City limits
of Lake Elsinore, Ca. shall be abated in accordance with this section:.
(A) Public Nuisance. Every unsafe building or structure as de-
fined in Section 203 of the Uniform Building Code Volume I,
Chapter 10 of Volume 11.1, .Chapter 3 of Volume IV and Section
1.207 (b) of the Uniform Fire Code is hereby declared to be
a Public Nuisance and shall be abated in accordance with the
procedure contained in this Ordinance.
(B) Statement of Intent.'.Upon finding any building to be in this
category, the Building Director shall notify the owner of
record as indicated on the Riverside County Tax Assessors
Records, of the intent of the City in condemning the building,
also advising the owner, that a Preliminary Title Report has
been ordered to determine who the concerned parties are, the
cost of which will be assessed against the property owner.
-= If the owner does not respond within 15 days from receipt of
this statement, the Building Director shall proceed to the
next step.
(C)
(D)
First Notice. The Building Director, upon determining that
• building or structure is unsafe or substandard shall give
• written notice of _defects to all parties concerned in the
manner hereinafter stated. The notice shall specify the
conditions which render the building or structure unsafe or
substandard and if, in the opinion of the Building Director,
such conditions can be corrected by repair, the notice shall
state the work that is. necessary to repair or rehabilitate
the building or structure. The notice shall require the
owner to obtain all necessary permits from the Department of
Building and Safety and to correct or abate the unsafe or
substandard conditions, either by repair, demolition or re-
moval within 30 days after the date of notice. If a build-
ing is encumbered by a mortgage or deed of trust of record,
and the owner of the building shall not have complied with
the order on or before the expiration of 30 days after the
mailing and posting of the notice, the mortgagee or benefi-
ciary under the deed of trust may, within 15 days after the
expiration of the 30 day.. period, comply with the requirements
of the notice.
Manner of Giving Notice. The Building Director shall post a
copy of the notice of defects in a plainly visible place on
the building or structure and he shall send a copy, by regis-
tered or certified mail, postage prepaid, return receipt
requested, to the owner of the land on which the building or
structure is located, as such person's name and address appears
on the last County equalized assessment roil, and to each
mortgagee or beneficiary under any deed of trust, that is of
record; to the holder of any lease that is of record, and to
the record holder of any other estate or interest in the build-
ing or structure or the land upon which such building or struc-
ture is located, at the last known addresses of such interest
holders.
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Tf the address of any such person is unknown, that fact
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shall be stated in the copy so mailed and it shall be
-addressed to the person at the county seat. , Service by
mail shall be deemed complete at the time of deposit in
the mails. The'Building Director shall file a copy of
the notice of defects in the Building Department files
along.with�an, aff davit-;certi:fying to'=the perstinsj date
�•..++ c .., � .....andi.manrrer in- ;which%sucli °notice was 'gi-ven? 'He "shall "'also +
thereafter file any receipt cards which are returned to
him acknowledging receip ;t of the notice. The failure of
any owner or other persons'to receive such notice shall
not affect in any manner the validity of any proceedings
taken hereunder.
(B)
Order to Vacate. Whenever, in the opinion of the Building
Director, extreme and imminent hazard exists, he shall
give _
written notice ordering the occupants of any such building
to.immediately vacate and, in the.event compliance with the
order. -is not voluntarily and promptly obtained, he shall
request the law enforcement agency having jurisdiction to
effect such a vacation or forthwith take. such action at law
as is required to cause the premises to be vacated.
.A copy of the order to vacate, which shall include the
reasons ..for_,the order, shall be on the building and
mailed to all concerned parties and filed in the Building
Department files in the same manner as the notice of defects.
Upon giving such order to vacate, the Building Director shall
cause to..be.posted at each entrance to the building a notice
to read. DANGER - THIS BUILDING UNSAFE FOR OCCUPANCY -
DEPARTMENT OF BUILDING AND SAFETY - CITY OF LAKE ELSINORE,
such notices shall remain posted until the required repair,
demolition or. removal are completed. Such notice shall not
-be removed without written permission of the Building Director
-enter
and no person shall the building except for the purpose
of inaking the required repairs or the demolition of the
building, without the written permission of the Building
Director_
(F)
Notice of public Nuisance Whenever the first notice of
defects has been given, the Building Director shall record
in the office of the County Recorder of Riverside County, a
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notice that an administrative proceeding.has been 'commenced for
the abatement of a Public Nuisance, describing the real
property affected and stating that the costs incurred there-
in may become a lien on said property, and directing inquiry
for further details to.his office, giving the address thereof.
(G)
Appeal. Any person entitled to service under this ordinance
may appeal the proceedings by filing 'a written appeal on a
form furnished by the Building Director within 30 days = of
receipt of the first notice. Failure to do so constitutes
a waiver of the owners right to a hearing and adjudication
of the notice or.any portion thereof:
(1) Upon receipt of any appeal the Building Director
shall set a hearing date to be not less than 10 days or
more than 60 days from the date the appeal was received.
(2). The Building Director upon setting the hearing date
of the Appeals Board, shall notify the appellant /s at
the address shown on the Appeal, of the date, time and
place the hearing will be held. This notification shall
be given not less than 10 days prior to the hearing date.
(3) Except for Orders to Vacate made pursuant to
Section 2 (e) of this Ordinance, enforcement of any
notice issued under this ordinance shall be stayed
pending the outcome of any appeal properly a.id timely
filed.
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(H) time Hearing. At the me fixed in the notice the Board
of Appeals shall proce6d to hear,the testimony of the
Building Director, and the owner of 'the building or
structure or his representatives if present at said
hearing, and other concerned parties who may desire
tO't6stify, regarding the condition of the building
;.the,,es.timated.. cost ,,of reconst-ruction,. 4,
!te -1-.,.;-arxd:.any.. other
XePair--.-or� ,mova
Updn the conclusion of-the hearing, the'.Board shall
make it's decision and), in the event that it so
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. ••-concludes, it may-declare the building or structure
to be:alnuisance and direct.'the owner' to abate the
same by having the building or structure properly
reconstuated or repaired, or, by havinc$q it razed
or removed,-and further notifying the owner that
-if said nitisance�:is not abated within 30 days after
posting and mailing of the Board's decision, the
building or structure -will be razed or removed by
the City of Lake Elsinore and the" expe'nse thereof
shall be a lien on the lot or parcel of land upon
-...Which the'building or structure is located, at
made a personal obligation of the property owner-
At any time within ten days after the Board's
`decision directing the abatement
of a . nuisance,
the Building Director shall.P&Dt a copy of
the Board's
dec ' ision on the building or
structure and;mail copi:es thereof to all
parties concerned In the same %Tanner as the
First notice, and he sh&ll file an affidavit
thereof in the. -Building- Department files, . .
the Board may grant any extension of time to
abate said nuisance that it may deem justifiable
....upon good cause being shown.
T' Ime to tn!,_kation Unless the owner o2 holder of
an in record.brings an action in a court of
competent-- jurisdiction within 30 days after the date
of mailing and Posting on said premises of. the notice
of the decision of the Board, contesting validity
J the
of any proceedings leading up to an inclikaing the
decision of the Board, all objections to the'proceedings
an . d decision will be deemed to have been waived.
Second Notice- If.the order.of the Building . Director
in the first.notice is not complied with within 45
days after•giving notice and no appeal has 'been filed
the Building Director shall.give a second notice to
all parties concerned by posting and mailingin the
same manner as the -first notice. The second notice
shhll be entitled "Notice to Abate Nuisance" the
notice shall direct the owner of the.building or
structure to effect all necessary abatement within
.30 days from receipt of the second notice or show
cause why such building or structure'should not
be condemned as zi nuisance and abated/..as;-therd1n
provided. The failure of the owner or any other*
person to receive such notice shall not affect in
any manner the validity of any proceeding taken
hereunder.
M Jurisdiction to Abate. Thi . i.ty days after the mailing
and posting of the Board of Appeals decision or the
second notice, the City shall have jurisdiction to
abate such nuisance by razing or removing the build-
ing or structure unless within the 30 day.: period
an extension of time is granted by the Board of
Appeals. In the event that the nuisance is not
abated within the prescribed time, the City may
thereupon raze and remove the building or structure
as herein after described under it's direction and
supervision.
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(D) Methods of Abatement Abatemen: of all build, Ings or
structures under the direction and supervision ,of the
City pursuant to the provisions of this ordinance '
shall be done in the following manner.
(1) _.If inI .e_ vent the nuisance can be abated by
r' 'r ''the Building"Director
may ,employ. -such ar hitectural`or engineering
assistance.on.a cUtract. basis as he may deem
reasonably,necessary . to prepare plans and:
specifications to facilitate said repair or
rehabilitation.
(2) 'Actual_ work to be .done whether it be repair and �L
rehabilitation or demolition and removal, shall
be accomplished by private contract. A minimum
of._3 bids shall- be.rec;eived from reputable
licensed contractors prior,to- contracting for
work to be done.. The lowest bidder shall.be
awarded the contract. -
0 5.08.030) Cost..Recovery. of repair, or demoliton shall be
accomplished in the following manner:
(A) Demolition Account Establishment and Maintenance..
(1) The City Council hereby establishes a special
account designated as the Repair and Demolition
';. Xccount. The Finance Director is authorized to
Pay from said account all such costs and expenses
incurred pursuant to the provisions of this
ordinance upon the demand of the Building
Director_
(2) The City Council in establishing said account
authorizes the.Finance Director to transfer from
the'General Fund of the City such amounts as
necessary on a loan basis to the Repair and
Demolition Account to defray costs incurred for
repair, or demolition. All Proceeds coil
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as herein after provided for shall be to
the Finance Director who shall.credit the same
to the R'e air and Pa
P molition ;hccount and there-
from credited.to repay the loan from the General
Fund of the City_
(B) Statement of Expense.. The Building Director shall keep
a complete and accurate account of all costs in
in the performance of any work pursuant to the provisions
of this ordinance.
(I) A, verified statement of expense showing the gross
and net expense of the work performed and all
other costs shall be given to the City Clerk who
shall schedule it for City Council consideration
to set a hearing date. The date, time, place µ'
and purpose of the hearing shall be published
once in a local newspaper.
(2) The Building Director shall cause to be posted
conspicuously on the property from which the
building or structure was razed and removed or
repaired and rehabilitated, a verified copy of
the statement of expense given to the City Clerk,
together with a notice of the date, time, and .
Place, where and when the statement shall be
heard by the Ctty Council. Posting and mziling
of the statem -n -c and notice shalt be not less
then 10 clays prior to the date set for hearing
the statement. A copy of the statement and
notice shall be'accomplished in the same manner
as is prescribed for the first notic
e.
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(C) _ Hearing on Statement Of Expense. `At the time fixed for
.'the, hearing on. the statement of expense the City Council
: ahall consider the statement,:together•wi.th any objections
or..protests which may be, raised-.by the property owner
or other.; concerned The.Couilcil may make any
such'revision,..correctxon_,or_ modification in the state-
:and -thereafte*r shall render
itls. -- decision on.. the statement '•'Tlie Councilss decision
on the statement and..on protests- and objections
which may be made shall be. final and.conslusive. The °
City.may.continue_ any - ..hearing provided for herein from
time to ..time. Upon the.close,of.a hearing the Council
shall render'it'.s decision not.later than 15 days
.: thereafter. .'
(D) Method of Payment for Cost Recovery. ..Shall be determined
by the City Council as a part- ,o£_the decision rendered
in the hearing o€ -the statement of expense. -
(I) .The Council may make the charges a personal obligation
property owner and direct the City Attorney
to collect the same using all appropriate legal
.remedies.
(2) ,pr the Council: may order the charge to be made a
special- assessment and lien against the-property
involved and order.said assessment recorded on the
assessment roll in behalf of the.City.
(a) The City Council, in "it's'dxseret op may make
" ' -- the special assessments payable in equal annual
- installments and.,if said installments shall
bear interest, the rate thereof shall be
-- - established'by resolution- Prior to recordation
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of the assessment.
(E) Payment and Recordation of Lien.. ..All concerned parties
shall be.notified o€ the City Councils decision of the
-- hearing in the same manner as -the First.Notice and shall
be given 'opportunity to pay said charges. If payment
is not.received within 10 days after receipt of the
-.- Councils decision on the statement, the Building
Director shall transmit the statement and the. City
Council's decision to the County Auditor who shall
- place the amount thereof on the assessment roll as a
special assessment to be paid with County. taxes, unless
sooner, paid.' At the same -time, the Building Director
c._shall file in the Office of the County Recorder of
° Riverside County .a notice of lien, describing the real
--Property affected, a summary of the action taken to abate
_. the.nuisance and the amount of the lien claimed by the
_ -_..
..-City of Lake Elsinore.
(1) .Priority. Immediately. upon its-being placed on the
assessment roll the assessment shall be deemed to
-- - be complete, the several amounts assessed shall be
payable, and the assessments shall be liens against
- the Ipts or parcels of land assessed, respectively.
The lien shall be subordinate to all existing special
assessment liens previously imposed upon the
4 same property, and shall be paramount to all
other liens except for state, county and municipal
taxes with which it shall be upon a parity. The
lien shall continue until the assessment and
all interest due and payable thereon are paid.
(2) Interest. All such assessments remaining unpaid
after 30 days from the date of recording on the
assessment ro.lf shall become delinquent and.shall
bear interest at the rate per annum from and. after
said date. as determined by the City Council.
------- __(_3)_,_The amount .of. the assessment shall be collected
at the same time and in the same manner. as ordinary
municipal taxes are collected; and shal. be
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(3). (con' t)
3 _ _ L` S bj ect °to the same._ penalties and proceapres and
sale an case of-delinquency as•provided, for ordinary
,municipal taxes. - ,All ;2aws applicable to the levy,
collection an,d enforcement „of municipal. taxes
sha] 1_,be . applicable- to such assessment: -
If the City Council has determined that the ”
` assessment shall - be= +jai d in installmerias,_: _each
installment., and 'an
-, ,._ __. :_ _ •._ „ _ y,•_interest, thereon shall b'e
_ collected in the same manner as ordinary `.
....2nuni.0-.pal. .,taxes in..successive years- IX£ -any
instal2ment..Is.delinguent, the amount .thereof
1s, subject to the §ame4penalties and procedure
"for sa.le:is provided for ordinary municipal taxes,
(4) All money recovered by payment of the charge or
;assessment or from the sale of the property. at
oreclosure sale shall be, paid to the finance °.Director of - '
_City
0. f'Esinore':. who shall credit the same
- - to the'Repair and Demolition 4_pount.
(F)•''Release of Lien. Upon payment in full of the costs - of
the. abatement_ proceeding and the expense of the .work
done, or upon. order of the City Council; the Building
Director shall execute and record with the County
.Recorder a_ release of the recorded lien on the property.
I£ as assessment has been,placed on the assessment roll
and is- thereafter :paid_to, the Building Director, he
shail,noti.fy'the County Auditor who shall cancel.the-
assessment on the roll.
(G). Contest of City Councils*Decision: Unless action is _
brought in a court of competent jurisdiction..within
3D days after final judgement by the City Council,
contesting the validity of-any proceedings leading up
.to and including the decision of the City Council,
all objections will be deemed to have.been waived.
(11) Fees shall be in accordance with the following:
(1) A_Demolition permit fee shall be $15.00'
:(2) If a Title Report has been ordered, the fee for a'
demolition permit shall be $15.00 plus the cost
of-the Title Report_;
(3) Admi_nistrati6n costs, to include professional .
and clerical staff time and all mailing expense
shall -be,•at a rate _of $75_00 in addition to the permit fee and.Title Report cost, or at .a rate -
'o£.20¢ of the total of all, costs involved if.;
proceedings go as far as the actual work .being
: done.under the City's supervision, to include .
`_..repair and rehabilitation or demolition and removal-
(15.08 649'). -Other Remedies. Nothing herein contained shall _
_.'preclude the use, by the City of Lake Elsinore or any person
adversely affected, of any other remedy, civil, criminal
or otheirwise,_for the abatement of a Public Nuisance instead
of or.:in addition to any of the provisions of this section.
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SECTION 2: This ordinance shall take effect immediately upon
its adoption being necessary and urgently required for the
immediate preservation of the public peace, .health and
safety of the City of Lake Elsinore.
SECTION 3: The City Clerk is hereby ordered and directed to
certify to the passage of this ordinance and to cause the
same to be published in accordance with the law, n
ADOPTED by the. City Council and signed by the Mayor and attested
by the City Clerk this 12th day of March ;', 19 79
s /Florene Marshall
City Clerk
S /Nap Harris - -
Mayor
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PAT
ORDINANCE NO. 5pa
AN ORDINANCE OF THE CITY OF LAKE ELSINORE
RELATING TO DEDICATION OF LAND AND FEES
FOR SCHOOL FACILITIES
The City Council of the City of Lake Elsinore, State of
California „does ordain as follows:
ARTICLE I
GENERAL PROVISIONS
SECTION 1.1 PURPOSE AND INTENT. This ordinance is adopted to
implement school facilities land dedication and fee requirements in
the incorporated area of the City of Lake Elsinore, pursuant to the
provisions of Chapter 4.7 (Section 65970 et seq.) of Division 1 of
Title 7 of the Government Code. The City Council may, from time to
time by resolution, issue regulations to provide for the administra-
tion of this ordinance.
SECTION 1.2 PRIOR AGREEMENTS. Any agreement existing, prior
to the effective date of this ordinance, between an applicant for a
residential development and a school district pertaining to the
dedication of land or payment of fees for school facilities to serve
the property which is the subject of the application, or any portion
thereof, shall be recognized by a decision- making body hereunder and
shall be ,considered by it as satisfying the requirements of this
ordinance.
ARTICLE II
DEFINITIONS
SECTION 2.1 DEFINITIONS.
a) CONDITIONS OF OVERCROWDING means that the total enroll-
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ment of a school, including enrollment from a proposed development -`
exceeds the capacity of such school as determined by the governmen _
body of the school district. I
b) DECISION - MAKING BODY means the City Council; Planning
Commission; the Planning Director; the Director of Building and
Safety. 1
c) DWELLING UNIT means a building or a portion thereof, j
or .a mobilehome, designed for residential occupancy by one person
or a group of two or more persons living together as a domestic unit.'
d) REASONABLE METHODS FOR MITIGATING CONDITIONS OF OVER-
CROWDING includes, but is not limited to, agreements between a sub-
divider or other developer of a residential development and an
affected school district whereby temporary -use buildings will be
1
leased to or for the benefit of the school district or temporary -u�
buildings owned by the school district will be used. i
e) RESIDENTIAL DEVELOPMENT means a project containing
residential dwellings, including mobilehomes, of one or more units,
or a decision of land for the purpose of constructing one or more
residential dwelling units. Residential development includes, but
is not limited to:
1) A general plan or specific plan, or amendment
thereto, which would allow an increase in residential density.
2) An ordinance rezoning property to a residential
i
use or to a more intense residential use. ¢
a
I
3) A tentative or final subdivision map or parcel map,
or a time extension for filing a final map;
4) A conditional use permit for a residential
development, including but not limited to, planned residential
-2- 1
f
t
11
2
3.
4
5
6
7
8
9
10
11
12
13
i
14
15
16
17
18
19'
20
21,
22
23
24
25
26
27
281
developments and mobilehome parks;
5) A plot plan for any multi- family project;
6) A building permit;
7)., A mobilehome set -up permit;
8) Any other discretionary permit for residential use.
ARTICLE III
EXEMPTIONS
SECTION 3.1 EXEMPTIONS. A residential development shall be
exempt from the requirements of this division when it consists only
of any of the following:
a) The modification or remodeling of an existing dwelling
unit, provided no additional dwelling units are created;
b) The rebuilding of a dwelling unit that is destroyed or
damaged, provided no additional dwelling units are created, or the
use of a temporary dwelling unit by residents of a damaged structure
that is being rebuilt;
c) The relocation of a mobilehome from one space in an
impacted school district to another location in the same school
district;
d) The rebuilding of a designated historical building;
e) A development specifically limited to senior citizens
located in any zone, if and when adopted, and all development
constructed in a zone containing the "SCD" (Senior Citizen's
Development) suffix as part of its zoning designation, if and when
i
adopted, if the decision - making body finds the project will not
i
significantly impact the school system.
i
f) The conversion of an existing apartment building into a
planning residential development provided no new dwelling units are
-3-
S
t jt
1 created.
2 ARTICLE IV
3 FINDINGS OF OVERCROWDED ATTENDANCE AREAS
4 SECTION 4.1 SCHOOL DISTRICT FINDINGS. If the governing body
5 of a school district, located partly or entirely within the incorpora
6 ted area of the City of Lake Elsinore, which operates elementary,
7 junior high or high school facilities,,makes findings supported by
8 clear and convincing evidence that:
9 a) Conditions of overcrowding exist in one or more attend-
10 ance areas, which conditions impair the normal functioning of
11 educational programs,• including the reasons for the existence of
12 such conditions;
13 b) That all reasonable methods, within established school
14 district policies of mitigating conditions of overcrowding have b�
15 evaluated and no feasible method for reducing such conditions exist;
16 the governing body of the school district shall notify the City
17 Council.
18 I SECTION 4.2 REQUIREMENTS FOR FINDINGS. A notice of findings
19 sent by a school district to the Council shall specify:
20 a) The findings required by Section 4.1, including the
21 factual basis and a summary of the evidence upon which the findings
22 were based;
23 b) The mitigation measures and methods, considered by
24 the school district;
25 c) The precise geographic boundaries of the overcrowded
26 attendance area or areas:
f
27 d) Any agreements entered into by the school district
28 that would alleviate conditions of overcrowding caused by new
-4-
1 residential development.
2 e) Such other information as maybe required by a
3 regulation of the City Council.
4 SECTION 4.3 CONCURRENCE BY BOARD. If the City Council concurs
5 in the district's findings, the provisions of this ordinance shall
6 be applicable to actions taken on residential development applica-
7 tions by a decision- making body.
8 SECTION 4.4 RESTRICTIONS ON APPROVAL OF RESIDENTIAL
9 DEVELOPMENT. within any attendance area of a school district where
10 the Council has concurred that conditions of overcrowding exist,
11 no decision - making body shall approve an application for a residentia:
12 development within that attendance area, unless the decision - making
13 body makes one of the following findings:
14 a) That action will be taken pursuant to this ordinance to
15 provide dedication of land or payment of fees to mitigate the
16 conditions of overcrowding within that attendance area;
17 b) That there are specific overriding fiscal, economic,
18I social or environmental factors which, in the judgment of the
19 decision - making body, will benefit the City, thereby justifying the
20 approval of a residential development, otherwise subject to the
21 provisions of this ordinance without requiring dedication of land
22 or payment of fees. Overriding factors may include, but are not
23 I limited to, an agreement between the applicant for a residential
24 development and the school district to mitigate conditions of
25 overcrowding within an attendance area.
26I ARTICLE V
27 REQUIREMENTS, STANDARDS AND PROCEDURES
i
28 SECTION 5.1 REQUIREMENTS OF FEES OR DEDICATION. In an attend-
.
-5-
I ance area where the Council has concurred that conditions of over-
2 crowding exist, an applicant for a proposed residential developmer,
3 shall, as a condition of approval of the development, dedicate land,.
41 pay fees, or both, as determined by the decision- making body having
5 jurisdiction, during its proceedings on the application, provided they
6 decision - making body determines that the facilities to be constructed,'I
7 purchased, leased or rented from such fees or the land to be
8 dedicated, or both, is consistent with the General Plan.
9 - SECTION 5.2 REQUIREMENT FOR USE OF FEES OR DEDICATIONS.
10 a) The land or fees, or both, paid to a school district
11 shall be used only for the purpose of providing elementary, junior
1-2 high or high school classroom and related facilities as defined by
13 the governing body of the district; 1
14 b) The location and amount of land to be dedicated or tt
I i
15 amount of fees to be paid, or both, shall bear a reasonable
I
16 relationship and will be limited to the needs of the community for
i
17 interim elementary, junior high or high school facilities and shall j
181 be reasonably related and limited to the need for schools caused by
19 I the development;
I
2011 1 c) Only the payment of fees shall be required in subdivis
211; containing 50 parcels or less.
2211 SECTION 5.3 STANDARDS FOR LAND DEDICATION AND FEES. The
23
standards for the amount of land to be dedicated or
fees to be paid
24
shall be established
by the governing body of each
school district
25
where a determination
has been made that conditions
of overcrowding
261
exist. The standards
and supporting facts shall be
transmitted to,'
27
the City Council. If
the City Council has concurred that condition...
281; of overcrowding exist, and also concurs in the standards, they shall
-11 -6-
1 be used by decision- making bodies to determine the dedication of
2 land or fees required as a condition to the approval of a residential
3 development. If the City Council does not concur with the standards
4
1 established by the school
f
dedications and fees, it
1 be used by decision- making bodies to determine the dedication of
2 land or fees required as a condition to the approval of a residential
3 development. If the City Council does not concur with the standards
4
1 established by the school
district for
dedications and fees, it
shall
5
adopt, by resolution, land
dedication
and fee requirements for
those
6 areas, which shall be used by the decision- making bodies.
7 SECTION 5.4 FILING APPLICATION FOR RESIDENTIAL DEVELOPMENT.
g At the time of filing an application for approval of a residential
i
9 development containing more than 50 parcels or dwelling units,
10 located within an attendance area where the Board of Supervisors has
111 concurred that conditions of overcrowding exist, the applicant shall,
12 as.part of the application, indicate a preference to dedicate land,
" 13 to pay fees in lieu thereof, or both. If the applicant prefers to
14 dedicate land, the application shall recommend the specific land;
15 however, the recommendation shall not be binding upon the decision -
16 1 making body or the governing body of the school district.
171 SECTION 5.5 ACTION UPON APPLICATION.
18 a) Upon receipt of an application L'or a residential
19 development within an attendance area where the City Council has
20 concurred that conditions of overcrowding exist, not including
21 applications for building permits or mobilehome set -up permits, the
22I� Planning Director shall notify the affected school districts at
23
least
30 days
prior to consideration of
the
application by
a decision -1
24
making
body.
The Planning Director may
also
notify school
i
districts
25 of any other applications for residential developments that may
1
26 affect the districts.
27 b) Upon receipt of an application for a building permit or
28 mobilehome set -up permit within an attendance area where the City
-7-
l Council has concurred that conditions of.overcrowding exist, r
2 The Building Director shall determine if specific dedication or feE i
3 requirements have been fixed for the development by a decision - making
4 body as part of the determinations on an application for approval of I
5 a development. If no specific requirements have been fixed for the {
6 development, the Building Director shall apply to the development the
7 approved fees adopted pursuant to Section 5.3 of this ordinance.
8 SECTION 5.6 DECISION FACTORS.
9 a) Upon receipt of notice from the Planning Director,
10 pursuant to Section 5.5 a) regarding an application for a residential
11 development, the governing body of the affected school district shall:
12 determine if it desires a dedication of land, payment of fees in lieu
13 thereof, or a combination of both, and shall transmit the decision to
14 the Planning Director for submission to the appropriate decision-
.
15 making body. The request shall not exceed the approved dedication and
161 fee stardards that are on file pursuant to Section 5.3. In the !
17 deliberations regarding the determination, the school district and,
I
' I
1811 thereafter, the decision - making body shall consider the following
19I factors:
20 1) Whether lands offered for dedication will be
I
21 consistent with the City General Plan;
22 2) Whether the lands offered for dedication meet the
23 criteria established by Education Code Section 34000 et seq.;'
24 I 3) The topography, soils, soil stability, drainage,
25 access, location and general utility of land in the develop-
26 ment available for dedication;
27 4) Whether the location and amount of lands proposed to
!
!
28 be dedicated or the amount of fees to be paid, or both, 1
-8-
1
R
will bear a reasonable relationship.and will be limited
to the needs of the community for interim elementary, junior
3 or high school facilities and will be reasonably related
4 and limited to the need for schools caused by the develop-
5 ment;
6 5) If only a subdivision is proposed, whether it will
7! contain 50 parcels or less.
i
8 b) A decision- making body shall impose the requirements
9 transmitted by the school district, if they are in accordance with
1011 the standards approved pursuant to Section 5.3, unless the decision-
1111 ,making body finds there are overriding factors pursuant to Section
1211 4.4 b) in which case nothing herein shall prevent a decision- making
13'1 body from imposing lesser requirements than those transmitted by the
14 school district. A.determination by a decision - making body to impose
15 lesser requirements shall be final only upon approval by the Board of
16 1 Supervisors.
17 c) If the school district has entered into an agreement
I
18 with an applicant for a residential development to mitigate conditions
•19 of overcrowding within the attendance area covered by the application,
20 the governing body shall, upon receipt of notification from the
21 I Planning Director that an application for a residential development
I
22I has been filed, so advise both the Planning Director and the Director
23i1 of Building and Safety and transmit a copy of the agreement for sub-
24I
mission to the
appropriate
decision - making body.
251
SECTION
5.7 SCHOOL
DISTRICT SCHEDULE. Following the action by
2611 a decision - making body to require the dedication of land or the pay-
27
ment of fees, or both, the Planning Director shall notify each affect -4
281 ed school district. The governing body of the school district shall j
it -9-
I submit a schedule specifying how it will use the land or fees, or
2 both, to solve the conditions of overcrowding. The schedule shall
3 include the school sites to be used, the classroom facilities to be
4 made available, and the time when such facilities will be available. {�
5 In the event the governing body of the school district cannot meet j
5 the schedule, it shall submit modifications to the City Council and
7i the reasons for the modifications. ))`
8 SECTION 5.8 LAND DEDICATION. When land is to be dedicated, it
9 shall be deeded directly to the affected school district. If
_10 dedicated land is subsequently determined by the school district to
11
be unsuitable for school purposes, it may be sold at the option of
12. the school district, but the funds derived therefrom must be used in
13 accordance with this ordinance.
14 SECTION 5.9 FEE PAYMENT.
15I a) If the payment of a fee is required, it shall be paid
16 to the affected school district at the time the building permit is
i
17i issued, unless payment is made earlier pursuant to agreement between ,I
18 the developer and the school district. The school district shall
19 provide the Director of Building and Safety with a statement that i
i
20 all dedication or fee requirements have been completed.
21 b) When application is made for a new building permit
22 following the expiration of a previously issued building permit for
23I which a fee has been paid, the fee shall not be required.
24 SECTION 5.10 REFUNDS OF PAID FEES. If a residential develop -
25 ment approval is vacated or voided and if the affected school district,
i
26 still retains the land or fees collected therefor, and if the
27 applicant so requests, the governing body of the school district
28 shall order the land or fees returned to the applicant.
-10-
I
I ARTICLE V
2 USES AND LIMITATIONS ON USE OF LAND AND FEES
3 SECTION 6.1 USE OF LAND AND FEES. All land or fees, or both,
collected pursuant to this ordinance and transferred to a school
5 district shall be used only for the purpose of providing elementary,
6 junior high or high school classroom and related faciliites.
7 SECTION 6.2 ANNUAL REPORT. Any school district receiving
8 funds or land, pursuant to this ordinance, shall maintain a
9 separate account for any fees paid and money received for disposition
10 of land, and shall file a report with the City Council on the
11
balance in the account
at the end of
the previous fiscal year and
12
the facilities leased,
purchased or
constructed during the previous
fiscal year.
13I
k
In addition, the
report shall
specify which attendance areas
14
will continue to be overcrowded when
the fall term beings and
15
I ARTICLE V
2 USES AND LIMITATIONS ON USE OF LAND AND FEES
3 SECTION 6.1 USE OF LAND AND FEES. All land or fees, or both,
collected pursuant to this ordinance and transferred to a school
5 district shall be used only for the purpose of providing elementary,
6 junior high or high school classroom and related faciliites.
7 SECTION 6.2 ANNUAL REPORT. Any school district receiving
8 funds or land, pursuant to this ordinance, shall maintain a
9 separate account for any fees paid and money received for disposition
10 of land, and shall file a report with the City Council on the
11
balance in the account
at the end of
the previous fiscal year and
12
the facilities leased,
purchased or
constructed during the previous
fiscal year.
13I
In addition, the
report shall
specify which attendance areas
14
will continue to be overcrowded when
the fall term beings and
15
16 where conditions of overcrowding will no longer exist. Such report
17 shall be filed more frequently at the request of the City Council.
18I SECTION 6.3 TERMINATION OF DEDICATION AND FEE REQUIREMENTS.
19 When it is determined by the City Council that conditions of over-
20 crowding no longer exist in an attendance area, which includes
21 incorporated territory of the City, decision - making bodies shall
22 cease levying any fee or requiring the dedication of any land for
23
that area pursuant to this . ordinance. Action under this section
I
24 shall not affect the validity of conditions already imposed for
25 levy of fees and dedications of land and such conditions shall
_
remain binding.
j 26
27
281
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i
1 SECTION 7. This ordinance shall take effect 30 days after ,
2 its adoption and shall be published as required by law.
3 Passed, approved and adopted this 26th day of March, 1979.
4
5 CITY COUNCIL OF THE CITY OF LAKE ELSINORE
6
By: s /Nap Harris
Mayor
-12-
9
'10
i
Attest:
11
12
Florene Marshall
13
14
s /Florene Marshall
City Clerk
15
16
(Seal)
17
18
19
20
j
21
22
23
241
I
25
26
27
28
Mayor
-12-
ORDINANCE NO. 589
'I AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
AMENDING THE FIRST SENTENCE OF SECTION 6.04.040 OF TITLE 6 OF THE
CITY OF LAKE ELSINORE MUNICIPAL CODE.
Section 1: The first sentence of Section 6.04.040 of
Title 6 of the Municipal Code of the City of Lake Elsinore to
read as follows:
6.04.040 Tax - Payment: Such dog license tax shall be
paid annually to the City Clerk and shall expire on the date of
the next succeeding year from the date of the issuance of the dog
license.
All other provisions set forth therein shall remain in
full force and effect
Section:2: This ordinance is declared to be an urgency
ordinance for the general welfare, peace and safety of the general
public and shall go into effect upon it's adoption pursuant to
Section 36934 and 36937 of the Government Code of the State of
California. The facts constituting the urgency is that the vaccin-
ation clinic is being conducted by the County of Riverside in April,
1979 and in order to correlate the vaccination clinic with the
licensing of dogs it is necessary and desireable that the require-
ments of the City be correlated with that of the County which is
to the benefit of the general public and to the City.
Section 3: This ordinance shall take effect as an
urgency ordinance upon its adoption and shall be published as
required by law.
DATED: March 26- ., 1979
CITY OF LAKE ELSINORE
By: s./'Qan rxa rris
Mayor
ATTEST:
s /FloreneMarshall
City Clerk
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
CALIFORNIA AMENDING TITLE 17 CHAPTER 17.68 ADDING THERETO SECTION 17.68.190
PERTAINING TO THE KEEPING OF LARGE ANIMALS IN RESIDENTIAL AREAS.
WHEREAS the City Code has no pmsent density Ordinance for the
keeping of large animals.
WHEREAS the City Council recognizes the rights of its citizens
to maintain horses in certain areas of the City.
WHEREAS complaints have been received by the City in reference
to nuisances caused by the keeping of large animals.
WHEREAS the City Council recognizes that the City of Lake Elsinore
is a growing City.
WHEREAS the Council recognizes that the rights of individuals
keeping large animals and the rights of other citizens in the City should
be weighed in the balance.
WHEREAS the City Council and Planning Commission have reviewed
the following Ordinance to balance the rights of its citizens.
THEREFOR the City `Council does ordain the following.
Section 1: Chapter 17.68 of Title 17 of the Municipal Code of
the City of Lake Elsinore is hereby amended by adding thereto Section 17.68.190
as follows.
17.68.190 THE KEEPING OF LARGE ANIMALS
The following large animals are allowed in the R -1, R -2 and R -3
districts: (except within the restricted zone as defined in Section 6.08.010
of this Code).
Non - commercial keeping of horses, cattle,mules, burrow, sheep and
goats, (except male goats and bulls) on lots of parcels 20,000 square feet or
more in area is allowed provided they be kept not less than 150 feet from any
residence.
Land Area
20,000 square feet to 3/4 acre
3/4 acre to 1 acre
1 acre or more
Numbers
2
3
4 + 1 per.acre additional acre
B. In areas designated OPEN SPACE or TOURIST RECREATIONAL on the
City's General Plan parcels; the following formula will be used for parcels
in excess of one acre. Total number of animals allowed per acre will be equal
to the amount of acreage rounded to the nearest 1/4 acre x 4.
C. 4 -H $ F.F.A. Projects; Nothwithstanding anything to the contrary
stated herein above adult animals, including offspring thereof, which are being
kept or maintained by the following use:
4 -H Projects
Future Farmers Projects
may be so kept or maintained in excess of the quantities provided in subsection
(A) of this Section, subject to the issuance of a Conditional Use Permit thereof
pursuant to the procedures set forth in Chapter 17.76 (CONDITIONAL EXCEPTIONS).
(a) In the case of application for a use permit related to
47H and Future Farmers of America uses, no filing fee
shall be required.
D. Sanitation Requirements; No person shall permit any waste matter or
dropping from animals to lie upon the ground in excess of 15 days.
Section 2: This ordinance shall be published in the manner prescribed
by law.
Adopted this 9th day of April, 1979.
s /Nap Harris
MAYOR OF THE CITY OF LAKE ELSINORE, CALIFORNIA
ATTEST:
s /Florene Marshall
CITY CLERK
»...:: :::.............,W+NUt.. ..... ...ma..:_ ..axwv..., x.: uvww.cw: »b.:,v. . ... r... .aa..�i..w.xa.._a.�.:..,a....m e:. ri..." v1a.. m..« u...... nn�`..`...... �...:. u.., ar. w... :_- _.:............._�.— ,.__:... .. "_.._....». —.
ORDINANCE No. 591
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA �!
REZONING CERTAIN REAL PROPERTY FROM R -1 (A SINGLE FAMILY RESIDENT
DISTRICT) AND C -1 (LIMITED COMMERCIAL DISTRICT) AND PLACING IT
IN CP (COMMERCIAL PARK DISTRICT), AND AMENDING ORDINANCE NO. 349
TO EFFECT THE REZONING.
(78 -8)
The Mayor and City Council of the City of Lake Elsinore,
do ordain as follows:
Section 1: The real property located in the City of Lake
Elsinore, California which is described in a certain Exhibit
attached hereto and made a part hereof, is hereby rezoned, R -1
(Single family resident district) and C -1 (Limited commercial
district), is hereby rezoned to CP (Commercial Park District).
Section 2: That the real property hereinabove described
is that certain real property located in the City of Lake Elsinore,
California and is more particularly described in Exhibit "A" which
is attached hereto and is hereby made a part of this ordinance.
Section-!: Ordinance No. 349 of the City of Lake Elsinore,
California, is hereby amended to effect the rezoning of the above
described property.
Section 4: The City Council hereby directs that this
ordinance be published in the manner provided by law.
ADOPTED by the Mayor and City Council and signed by the
Mayor and attested to by the City Clerk this 29th day of may , 1979,
Mayor o e City o a e L s nore
ATTEST:. -�
J
erk of the City of Lake Elsinore-
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA
—: REZONING CERTAIN REAL PROPERTY FROM R -2 (TWO FAMILY RESIDENCE DISTRICT)
AND PLACING IT IN C -1 (LIMITED COMMERCIAL DISTRICT), AND AMENDING ORDINANCE
NO. 349 TO EFFECT THE REZONING.
(78 -2)
The Mayor and City Council of the City of Lake Elsinore, do
ordain as follows: -
Section 1: The real property located in the City of Lake Elsinore,
California which is described in Section two of this Ordinance, is hereby
rezoned, from R -2 (Two Family Residence District), to C -1 (Limited, Commercial
District).
Section 2: That the real property hereinabove described is that
certain real property located in the City of Lake Elsinore, California and
is described as lots "3 thru 28 of Hampton's First Addition to Elsinore as
recorded in map book 4 page 267 of the official records of the County of
San Diego."
Section 3: Ordinance No. 349 of the City of Lake Elsinore,
California, is hereby amended to effect the rezoning of the above described
property.
Section 4: The City Council hereby directs that this Ordinance
be published in the manner provided by law.
ADOPTED by the Mayor and City Council and signed by the Mayor
and attested to by the City Clerk this 29th day of May 1979.
s /Nap Harris
i
Mayor of the City of Lake Elsinore
_I ATTEST:
s /Florene Marshall
Clerk of the City of Lake Elsinore
4
y r
n _ EXHIBIT "A"
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q
ORDINANCE NO. 5q-1
AN ORDINANCE OF THE CITY OF LAKE ELSINOR.Eti CALIFORNIA REZONING CERTAIN
REAL PROPERTY FROM R -I ( A SINGLE FAMILY RESIDENT DISTRICT) AND C -1. (LIMITED
COMMERCIAL DISTRICT) AND PLACING IT IN CP (COMMERCIAL PARK DISTRICT), AND AMENDING
ORDINANCE NO. 349 TO EFFECT THE REZONING.
(78-10)
The Mayor and City Council of the City of Lake Elsinore, do, ordain as
follows:
Section l: The real property located in the City of Lake Elsinore,
California which is described in a certain Exhibit attached hereto and made a
part hereof, is therby rezoned, R -I (Single family resident district) and C -1
(.Limited commercial district), is hereby rezoned to CP (Commercial Park District),
Section 2: That the real property hereinabove described is that
certain real property located in the City of Lake Elsinore, California and is
more particularly described in Exhibit "A" which is attached hereto and is
hereby made a part of this ordinance.
Section 3: Ordinance No. 349 of the City of Lake Elsinore, California
is hereby amended to effect the rezoning of the above described property.
Section 4: The City Council hereby directs that this ordinance
be published in the manner provided by law.
ADOPTED by the Mayor and City Council and signed by the Mayor and
attested to by the City Clerk this 25 day of June , 19 79 .
ATTEST:
s /Florene Marshall
Clerk of the City of Lake Elsinore
s Na Farris
Mayor of the City of Lake Elsinore
EXHIBIT "A"
COMMERCIAL ZONE AREA - LAKE ELSINORE SITE
Zone Change 78 -10
That portion of Fractional Section 9, T6S, R4W, SBM as shown by
United States Government Survey, and that portion of Lots 1 and
15 in Block "H" of the Resubdivision of Block "D" of Elsinore
as shown by Map Book 6 Page 296 of San Diego County Records,
described as follows:
Beginning at the northeasterly corner of said Lot l Block "H".
being for the purposes of this legal description on the south-
westerly right -of -way line of Railroad Avenue, 60 feet wide as
shown on Record of Survey recorded in Book 47 Pages 50 and 51
of Records of Survey in Riverside County Records;
THENCE S 79 50' 40" E, along said southwesterly right -of -way
line and its southerly extension, 370.27 feet more or less to
a point on the easterly line of the southwest 4 of fractional
Section 9, T6S, R4W, SBM:
THENCE S 0' 13' 30" E along said easterly line 670.98 feet
more or less, to a point on a line parallel with and 660.00
feet, measured at right angles, southerly of said southwesterly
right -of -way line of Railroad Avenue;
THENCE N 79' 50' 40" W along said parallel line 625.00 feet;
THENCE N 19' 03' 23" E 668.04 feet more or less to a point on
said southwesterly right -of -way of Railroad Avenue;
THENCE S 79' 50' 40" E along said southwesterly right -of -way
line 30.47 feet more or less to the Point of Beginning.
Excepting therefrom any portion thereof described in Deed to
State of California recorded March 9, 1937 in Book 317 Page 14
Official Records of Riverside County California.
ORDINANCE NO. 594
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADDING SECTION 1.06.050 TO THE
LAKE ELSINORE MUNICIPAL CODE, PROVIDING FOR
CITY COUNCIL DESIGNATION OF EMPLOYEES AND
OFFICERS AUTHORIZED TO ISSUE ARREST CITATIONS
AND AMENDING SEC^1ION 6.04.180 OF THE LAKE
ELSINORE MUNICIPAL CODE RELATING TO POUND
MASTER'S AUTHORITY
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 1.06, "arrest citation authority," is
hereby created by the adoption of a new section, to be
numbered 1.06.050, and reading as follows:
1.06.050 Issuance of citations by designated
officers and employees. Officers and employees of the City
who have the discretionary duty to enforce a statute or ordi-
nance may, pursuant to Section 836.5 of the Penal Code and
subject to the provisions hereof, arrest a person without a
warrant whenever any such officer or employee has reasonable
cause to believe that the person to be arrested has committed
a misdemeanor in the officer's or employee's presence which
he or she has the discretionary duty to enforce, and to issue
a notice to appear and to release such person on his or her
written promise to appear in court, pursuant to Section 853.6
of the Penal Code. No officer or employee shall be allowed
by his or her superior to exercise the arrest and citation
authority herein conferred, unless such officer or employee
is within a classification of city officers and employees
designated by Resolution of the City Council to exercise such
arrest and citation authority as to specified misdemeanor vio-
lations. The City Manager shall establish and cause to be
administered a special enforcement training program designed
to instruct each officer or employee who will exercise such
arrest and citation authority, regarding the provisions of the
statutes and ordinances to be enforced, the evidentiary pre -
requisites to proper prosecution for violations thereof, the
appropriate procedures for making arrests or otherwise prudently
exercising such arrest and citation authority, and the legal and
practical ramifications and limitations attendant thereto. Any
such officers or employees shall be appropriately instructed
to deposit executed citations or notices to: appear with the City
Manager for filing with the court, after review for legal suffic-
iency.
i
l
ORDINANCE NO. 594
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADDING SECTION 1.06.050 TO THE
LAKE ELSINORE MUNICIPAL CODE, PROVIDING FOR
CITY COUNCIL DESIGNATION OF EMPLOYEES AND
OFFICERS AUTHORIZED TO ISSUE ARREST CITATIONS
AND AMENDING SEC^1ION 6.04.180 OF THE LAKE
ELSINORE MUNICIPAL CODE RELATING TO POUND
MASTER'S AUTHORITY
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 1.06, "arrest citation authority," is
hereby created by the adoption of a new section, to be
numbered 1.06.050, and reading as follows:
1.06.050 Issuance of citations by designated
officers and employees. Officers and employees of the City
who have the discretionary duty to enforce a statute or ordi-
nance may, pursuant to Section 836.5 of the Penal Code and
subject to the provisions hereof, arrest a person without a
warrant whenever any such officer or employee has reasonable
cause to believe that the person to be arrested has committed
a misdemeanor in the officer's or employee's presence which
he or she has the discretionary duty to enforce, and to issue
a notice to appear and to release such person on his or her
written promise to appear in court, pursuant to Section 853.6
of the Penal Code. No officer or employee shall be allowed
by his or her superior to exercise the arrest and citation
authority herein conferred, unless such officer or employee
is within a classification of city officers and employees
designated by Resolution of the City Council to exercise such
arrest and citation authority as to specified misdemeanor vio-
lations. The City Manager shall establish and cause to be
administered a special enforcement training program designed
to instruct each officer or employee who will exercise such
arrest and citation authority, regarding the provisions of the
statutes and ordinances to be enforced, the evidentiary pre -
requisites to proper prosecution for violations thereof, the
appropriate procedures for making arrests or otherwise prudently
exercising such arrest and citation authority, and the legal and
practical ramifications and limitations attendant thereto. Any
such officers or employees shall be appropriately instructed
to deposit executed citations or notices to: appear with the City
Manager for filing with the court, after review for legal suffic-
iency.
SECTION 2. Section 6.04.180 of the Lake Elsinore Municipal
Code is hereby amended to read as follows:
6.04.180 Poundmaster's - authority.
The poundmaster shall have the duty to enforce the provisions
of this chapter and any amendments hereto. The City Council
shall set the rate of compensation for the poundmaster and
shall do such other things that may be necessary for the en-
forcement of this chapter. (Ord. 489, Section 1 (b), 1971:
Ord. 396, Section 8 (.part), 1961).
SECTION 3. The City Clerk shall certify the passage -of this
ordinance and cause the same to be published in a newspaper
of general circulation within the City of Lake Elsinore, and
said Ordinance shall take effect.thirty (30) days thereafter.
ADOPTED this 25th day of June 1979.
s /n1a�t�rri.G
Nap Harris, Mayor
ATTEST: _J
I )
s /Flnrana Ma shall
Florene Marshall, City Clerk
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, REZONING CERTAIN REAL PROPERTY FROM R -1 (Single
Family Residence District) AND R (Recreational District)
AND PLACING IT IN R -3 (Multiple Family Residence District),
SUBJECT TO CERTAIN TERMS AND CONDITIONS, AND AMENDING
ORDINANCE NO. 349 TO EFFECT THE REZONING. (79 -3)
The Mayor and City Council of the City of Lake
Elsinore, do ordain as follows:
SECTION 1: The real property located in the City
of Lake Elsinore, California, which is described in a certain
exhibit attached hereto and made a part hereof and referred
to as Exhibit "A ", which is presently in Zone R -1 (Single
Family Residence District) , and.R (Recreational District),
is hereby rezoned to R -3 (Multiple Family Residence District).
SECTION 2: That the real property hereinabove
described is that certain real property located in the City
of Lake Elsinore, California, and is more particularly
described in Exhibit "A ", which is attached hereto and is
hereby made a part of this ordinance.
SECTION 3: The rezoning is conditional upon the
development of the land in accordance with plans submitted
for the Mission Trail Development, dated December of 1978, as
-1-
Mayor of the City of Lake Elsinore
ATTEST:
s/Florene Marshall-
Clerk of the City of Lake Elsinore
C_,
-4
DE
CJI
-2-
as follows:
ORDINANCE NO. 596
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
REZONING CERTAIN REAL PROPERTY FROM R -1 (SINGLE- FAMILY
RESIDENCE DISTRICT) AND R (RECREATIONAL DISTRICT) AND
C -1 (LIMITED COMMERCIAL DISTRICT) AND PLACING IT IN
CP (COMMERCIAL PARK DISTRICT), UPON CERTAIN TERMS AND
CONDITIONS, AND AMENDING ORDINANCE NO. 349 TO EFFECT
REZONING. (79 -4)
The Mayor and City Council of the City of Lake Elsinore, do ordain
SECTION 1: The real property located in the City of Lake Elsinore,
California, which is described in a certain exhibit attached hereto and made a
SECTION 3: The rezoning is conditional upon the development of the
land in accordance with plans submitted for the Mission Trail Development, dated
December of 1978, as prepared by R.W. Flanery,and in accordance with the
additions adopted by the City Council on May 14, 1979, to which reference is
hereby made.
SECTION 4: Ordinance No. 349 of the City of Lake Elsinore, Calif-
ornia, is hereby amended to effect the rezoning of the above - described property.
SECTION 5: The City Council hereby directs that this ordinance be
published in the manner provided by law.
ADOPTED by the Mayor and City Council and signed by the Mayor and
attested to by the City Clerk this 9th day of July, 1979.
s/ Nap Harris
Mayor of the City of Lake Elsinore
ATTEST:
s /Florene Marshall
Clerk of the City of Lake Elsinore
3
part hereof,
is presently zoned
R -1 (Single - Family Residence District), R
(Recreational
District) and C -1
( Limited Commercial District), is hereby re-
zoned to CP
(Commercial Park District),
upon certain terms and conditions as
tl-
hereinafter
referred to.
Q
SECTION 2: That the
real property hereinabove described is that
certain real
property located in
the City of Lake Elsinore, California, is more
particularly
described in Exhibit
"A ", which is attached hereto and is hereby
made a part
of this ordinance by
reference.
SECTION 3: The rezoning is conditional upon the development of the
land in accordance with plans submitted for the Mission Trail Development, dated
December of 1978, as prepared by R.W. Flanery,and in accordance with the
additions adopted by the City Council on May 14, 1979, to which reference is
hereby made.
SECTION 4: Ordinance No. 349 of the City of Lake Elsinore, Calif-
ornia, is hereby amended to effect the rezoning of the above - described property.
SECTION 5: The City Council hereby directs that this ordinance be
published in the manner provided by law.
ADOPTED by the Mayor and City Council and signed by the Mayor and
attested to by the City Clerk this 9th day of July, 1979.
s/ Nap Harris
Mayor of the City of Lake Elsinore
ATTEST:
s /Florene Marshall
Clerk of the City of Lake Elsinore
3
0
Ordinance No. 596 Exhibit "A"
LEGAL DESCRIPTION:
Portions of Block "G" and "H of Resubdivision of Block "D" Elsinore, MB 6,
Page 296, San Diego County Records; Portions of Heald's First Edition to Elsinore,
M.B. 4, Page 205, San Diego County Records and Portion of Rancho La Laguna, all
in Riverside County, California and more specifically described as follows:
PARCEL 2
Commencing at the intersection of the Northerly line of Section 16, T.6S.,
R.4W., S.B.B. & M. and the centerline of Mission Trail;
Thence South 890 44' 10" West along said Northerly line of Section 16, a distance
of 73.96 feet;
Thence South 190 05' 55" East a distance of 750.00 feet to the Point of Beginning;
Thence South 190 05' 55" East a distance of 1,395.43 feet;
Thence South 89° 44' 10" West a distance of 2,687.32 feet;
Thence North 0 ° 15' 50" West a distance of 1,130.00 feet;
Thence North 89° 44' 10" East a distance of 1,048.18 feet;
Thence North 0 ° 13' 30" West a distance of 1,135,52 feet;
Thence North 89° 44' 10" East a distance of 90.51 feet;
Thence South 14° 50' 25" East a distance of 242.79 feet;
Thence North 89° 44' 10" East a distance of 224.13 feet;
Thence South 19° 05' 55" East a distance of 750.00 feet;
Thence North 89° 44' 10" East a distance of 550.00 feet to the Point of Beginning
and consisting of approximately 78.8 acres.
DAQr CI Z
Commencing at the intersection of the Northerly line of Section 16, T.6S., R. 4W,.
S.B.B. & M. and the centerline of Mission Trail.
Thence South 89° 44' 10" West along said Northerly line of Section 16 a distance
of 73.96 feet;
Thence South 19° 05' 55" East a distance of 2,550.00 feet to the Point of
Beginning.
Thence South 70° 54' 05" West a distance of 800.00 feet; —
Thence South 190 05' 55" East a distance of 480.00 feet;
Thence North 70° 54' 05" East a distance of 800.00 feet;
Thence North 190 05' 55" West a distance of 480.00 feet to the Point of Beginning
and consisting of approximately 8.8 acres.
5
ORDINANCE NO. 597
AN ORDINANCE OF THE CITY OF LAKE ELSINORE FIXING
THE TIME AND PLACE OF REGULAR MEETINGS OF THE
CITY COUNCIL, AND REPEALING ORDINANCE NO. 259.
The City Council of the City of Lake Elsinore does hereby ordain
as follows:
SECTION 1: Regular meetings of the City Council of the City of
Lake Elsinore shall be held on the second and fourth Tuesdays of each month, at
the hour of seven - thirty o'clock p.m., at the council chambers in the City Hall
in the City of Lake Elsinore at 130 South Main Street, Lake Elsinore, California,
In the event that such meeting date falls on a legal holiday, then said meeting
shall be held on the first day thereafter which is not a legal holiday.
►� SECTION 2: Ordinance No. 259 and all ordinances and parts of
ordinances in conflict herewith are hereby repealed.
p SECTION 3: The City Clerk shall certify to the adoption of this
ordinance and cause the same to be published as provided by law.
ADOPTED by the Mayor and City Council and attested to by the Clerk
this 10th day of December, 1979.
s /Nap Harris
Mayor of the City of Lake Elsinore
ATTEST:
s/ Florene Marshall
City Clerk of the City of Lake Elsinore
ORDINANCE NO. 598
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE FINDING AN EMERGENCY CAUSED BY FLOODING AND
A THREATENED OR EXISTING WATER SHORTAGE, AND RESTRICTING
THE USE OF WATER DURING SUCH EMERGENCY AND ESTABLISHING
CONSERVATION MEASURES, AND PROVIDING PENALTIES FOR THE
VIOLATION THEREOF.
WHEREAS, severe flooding conditions exist within the boundaries
of the City of Lake Elsinore being the worst flooding in recorded history, and
WHEREAS, the City of Lake Elsinore's sole source of water supply
is through purchase from Elsinore Valley Municipal Water District, and
WHEREAS, the City of Lake Elsinore's projections show that its
reservoirs will be substantially empty by the end of this year unless anticipated
demands upon its system are reduced, and
WHEREAS, action must be taken by the City Council in order to
conserve and protect the public water supply against waste, unrestricted and
nonessential uses, and
s
WHEREAS, this Ordinance is enacted pursuant to Section 71640
et sec. of the California water Code and other applicable provisions of the
Constitution and laws of the State of California.
as follows:
BE IT ORDAINED by the City Council of the City of Lake Elsinore
Section 1. Emergency. The City Council finds that an emergency
caused by flooding exists within the service area of Elsinore Valley Municipal
Water District and the City of Lake Elsinore, and there is both a threatened
and existing water shortage within the City of Lake Elsinore which requires the
enactment and enforcement of this Ordinance.
SECTION 2. Retail Domestic Uses. This section shall apply
to water delivered by the City of Lake Elsinore to its retail customers for
domestic, commercial and industrial uses, hereinafter referred to as domestic
uses.
(a) It is the policy of the City of Lake Elsinore that such
uses of water be reduced by at least thrity percent (30 %) and that the City
Manager take such measures as he deems reasonable to implement such policy.
Changes in the City's water raate) schedules as necessary shall also be made
by the City Council in order to help achieve such water conservation.
(b) This following residential uses of water are hereby
found and determined to be nonessential, and under these emergency flood
conditions constitute a waste of water. Therefore, it shall be unlawful for
any retail customer of the City of Lake Elsinore to use water supplied by the
City of Lake Elsinore for any of the following purposes:
1. Washing any motor vehicle, boat or trailer with running
water as opposed to the use of a bucket, or other container, and except a
commercial fixed washing facility;
2. Washing down sidewalks, walkways, driveways, parking lots
or other hard surfaced area;
3. Allowing water to run into streets or gutters;
4. Using excessive amounts of water for any domestic use;
5. Allowing water to be wasted through dripping faucets, or
any plumbing leak, after the customer has been given ben days notice to repair
such leak and has failed to do so.
6. Serving water in restaurants unless specifically requested
by the customer.
(c) The following industrial uses of water are hereby found
and determined to be nonessential, and under these emergency flood conditions