Chapter 17.20
(L) LAKESHORE OVERLAY DISTRICT
Sections:
17.20.010 Purpose.
17.20.020 Lake shoreline area defined.
17.20.030 Definitions.
17.20.040 Permitted uses.
17.20.050 Conditional uses.
17.20.060 Prohibited uses.
17.20.070 Violations.
17.20.080 Development standards.
17.20.090 Parking.
17.20.100 Materials to be submitted.
17.20.110 Nonconforming uses.
17.20.120 Enforcement authority.
17.20.130 Imposition of fines.
17.20.140 Administrative appeal.
17.20.150 Liberal construction – Conflict.
17.20.010 Purpose.
The purpose of the Lakeshore Overlay District is to ensure that retention of certain water areas and shoreline areas in water-oriented activities are in conformance with the Lake Elsinore General Plan. Any parcel in the Lakeshore Overlay District may be occupied by a principal use listed in LEMC 17.20.040 or, when authorized by the City Council, by a conditional use listed in LEMC 17.20.050. An additional purpose of the Lakeshore Overlay District is to implement the relevant General Plan programs and give enforcement of violators thereof as herein defined. [Ord. 772 § 17.05.010, 1986. Code 1987 § 17.05.010].
17.20.020 Lake shoreline area defined.
The Lakeshore Overlay District shall apply to the lake shoreline area defined as extending from Lakeshore Drive right-of-way southwesterly to the State park ownership boundary or elevation 1,240 feet mean sea level and from Main Street northwesterly to Iowa Street, a distance of approximately 3.45 miles.
In any base district where the district symbol is followed by, as a part of such symbol, a parenthetically enclosed letter(s) “L,” thus “(L),” the additional requirements, limitations and standards contained in this section shall apply. The district symbol shall constitute the “base district” and “L” suffix shall constitute the “overlay district.” In the event of conflicting provisions of such a combined district, the requirements of the L district shall take precedence over the requirements of the base district. Uses permitted by the L district, must in each instance be in compliance with those uses permitted by the applicable base district regulations and any other overlay district regulations. [Ord. 772 § 17.05.020, 1986. Code 1987 § 17.05.020].
17.20.030 Definitions.
For the purpose of this title, certain words and terms are defined as set out in this chapter.
A. “Litter” shall include, but not be limited to, willful or negligent throwing, dropping, placing, depositing, or sweeping, or causing any such acts, of any waste matter or materials on any land or water in other than specified approved storage/waste containers, as so designated.
B. “Private encroachment” shall include, but not be limited to, any and every person who willfully or negligently commits a trespass by any of the following acts:
1. Enters upon any private land, owned by any other person;
2. Any person entering upon any private land, not owned by that person;
3. Entering upon any land, owned by another or not by that person, whether posted or not by any person; and
4. Entering upon any land, owned by another or not by that person, posted or not, whether unenclosed or enclosed by prohibitive/restrictive entrance, by any person.
C. Illegal Parking of Vehicle. “Vehicle” shall be defined as outlined within the State of California Vehicle Code. Illegal parking shall include, but not limited to, any person(s) in control of a vehicle, who willfully or negligently commits a parking violation by any of the following acts:
1. A vehicle which has entered upon/in or onto any private land, owned by another or not owned by that person, posted or not, whether unenclosed or enclosed by prohibitive/restricted entrance;
2. A vehicle, which has entered upon/in/along or onto any public lands, streets or rights-of-way, that is posted in verbiage, stating, “No Parking, Stopping or Standing – Tow Away Zone,” or as prescribed by law, including State highways. [Ord. 772 § 17.05.030, 1986. Code 1987 § 17.05.030].
17.20.040 Permitted uses.
Uses permitted in the Lakeshore Overlay District shall be as follows:
A. Floats and dolphins for private pleasure craft; boating marinas and fishing facilities; and boat rentals.
B. Boating, at designated locations.
C. Swimming, at designated locations.
D. Fishing, at designated locations.
E. Publicly owned park, when in conformance with the Lake Elsinore General Plan.
F. Existing occupied single-family residences and existing operated businesses.
G. Jet ski rentals.
H. Piers and docks for private pleasure craft.
I. Restaurants, but excluding:
1. Establishments serving customers within their automobiles on the premises or preparing food/drink for consumption off of, or drive-away/through the premises; and
2. Establishments primarily preparing food/drinks intended for consumption off the premises.
J. Overnight camping is limited to authorized/established State/private facility, per City Ordinances Nos. 410 and 430; and, registered private owners, by approved special camping permit, issued by the City. All other camping, day or night, shall be prohibited and shall be enforced as provided herein. [Ord. 772 § 17.05.040, 1986. Code 1987 § 17.05.040].
17.20.050 Conditional uses.
The following uses are allowed in the Lakeshore Overlay District provided a conditional use permit has been granted by the City Council, after notice and public hearing before the Planning Commission and City Council:
A. Campgrounds and picnic grounds (also requiring additional compliance with California State Code, Title 25).
B. Tennis courts.
C. Athletic fields.
D. Playgrounds.
E. Hiking and bicycle trails/tracks.
F. Recreational vehicle/trailer parks (also requiring additional compliance with California State Code, Title 25).
G. Motels.
H. Other retail uses as deemed similar to the above-mentioned uses. [Ord. 772 § 17.05.050, 1986. Code 1987 § 17.05.050].
17.20.060 Prohibited uses.
Any uses not specifically listed as allowed, either by ownership right as either a permitted/conditional use or special permit, are prohibited, but not limited to, new residential dwellings, off-site advertising structures, storage of any kind unless connected with existing occupied residential dwellings but will be applicable to all other City codes, parking lots and unauthorized vending/peddling and selling. [Amended during 2008 recodification; Ord. 772 § 17.05.060, 1986. Code 1987 § 17.05.060].
17.20.070 Violations.
It shall be unlawful to litter, commit private encroachment, illegally park a vehicle, all as defined herein, or to utilize property in a manner prohibited by LEMC 17.20.060. Violations of this chapter shall be treated as an infraction offense for the first two of any such violations and any subsequent violation may be treated and charged as either an infraction or a misdemeanor as determined by the court. [Ord. 772 § 17.05.070, 1986. Code 1987 § 17.05.070].
17.20.080 Development standards.
A. Ten thousand square feet minimum lot area.
B. One hundred feet minimum lot width.
C. Minimum yard setback requirements shall be as follows:
1. All uses shall maintain a minimum setback of 30 feet from Lakeshore Drive;
2. Side yard setback shall be five feet; and
3. Rear yard setback shall be established by the City Council on a case-by-case basis.
D. Fences may be erected within the Lakeshore Overlay District, subject to approval of architectural theme determined by the Planning Commission. No fees required to review.
E. Stumps and dead trees to conform with existing Municipal Codes.
F. Access for any use must be approved by the Planning Division based upon:
1. Safety of approach;
2. Adequate facilities; and
3. Conformance to requirements as listed in the Lake Elsinore Municipal Code.
G. Any use approved as a conditional use must conform to the Lake Elsinore General Plan and requirements for scenic corridors. [Ord. 772 § 17.05.080, 1986. Code 1987 § 17.05.080].
17.20.090 Parking.
Parking shall be allowed in conjunction or maintained in accordance with LEMC 17.20.040, 17.20.050 and 17.20.080, in addition to meeting all other City codes. No other parking shall be permitted and is prohibited as defined within LEMC 17.20.030(C). Violations shall be enforced as herein provided. [Ord. 772 § 17.05.090, 1986. Code 1987 § 17.05.090].
17.20.100 Materials to be submitted.
In addition to all materials and procedures required by the City’s subdivision, zoning, building and grading regulations, and environmental review procedures applicable to lake shoreline development projects falling within the scope of this chapter, the following application materials shall be required to be submitted for lake shoreline development projects:
A. A plot plan reflecting the proposed project including representations of property lines, all records and proposed property lines, all recorded and proposed easements, and public rights-of-way.
B. A topographical map of the project site and adjacent terrain located within 150 feet of the project boundaries.
C. A complete grading plan for the project.
D. A landscaping plan which shall accurately show the final disposition of all existing trees on the project site and the type and extent of proposed vegetation.
E. If the development project is within an area of special flood hazard, developer shall also submit a properly executed flood hazard deed notification document, which shall be recorded by the City to provide constructive notice to all future purchasers and encumbrances concerning the flood hazard. [Ord. 772 § 17.05.100, 1986. Code 1987 § 17.05.100].
17.20.110 Nonconforming uses.
Any structure or use within the Lakeshore Overlay District which does not comply with the provisions of this chapter, but which is legally in existence, shall upon such date acquire the status of a lawfully nonconforming structure or use, subject to all Municipal Codes and ordinances.
A. Unoccupied structures and buildings subject to LEMC 15.08.020.
B. Campgrounds, unless a conditional use permit is granted: one year is given to bring into conformance with all City codes and State of California, Title 25.
C. Foundations, walls and other concrete structures, not used for retaining purposes, not in conjunction or necessary with existing or developed property, shall be removed within six months.
D. Open storage, storage structures, storage of materials, trailers, vehicles and boats not related to existing residential structures are prohibited unless stored in a legal manner to City codes.
E. Stumps and dead trees, if not under water, shall be removed immediately.
F. Refuse materials shall be removed immediately. [Ord. 772 § 17.05.110, 1986. Code 1987 § 17.05.110].
17.20.120 Enforcement authority.
The City’s Law Enforcement Agency and Code Enforcement Officers are appointed inspectors to assure compliance with all provisions herein and have the right to enter free of charge, at any time, upon any place or parcel of land, to investigate and determine compliance and/or to enforce and perform all the regulatory provisions of LEMC 17.20.010 through 17.20.140.
In addition, the Code Enforcement Officers are hereby empowered to issue written citations/tickets to trespassers, persons who litter and illegally parked vehicle-violators, as defined in LEMC 17.20.030(A), (B) and (C), whether the violator is physically present or not, found within the areas as defined within LEMC 17.20.020; these violations shall constitute a prima facia presumption that the trespasser, person who litters, and last registered owner of record of vehicle, not having complied with the provisions of LEMC 17.20.030(A), (B) and (C), is responsible for such and is thereby liable for the cost of a fine as imposed and established hereafter. [Ord. 772 § 17.05.120, 1986. Code 1987 § 17.05.120].
17.20.130 Imposition of fines.
Any person or registered owner in control of a vehicle found in violation of any provisions herein defined and described shall be fined with the following schedule:
A. Littering. Any person found in violation of littering shall be fined $50.00 for the first offense, $100.00 for the second offense, and each additional offense may be treated and charged as either an infraction or a misdemeanor by the court.
B. Private Encroachment. Any person found in violation of private encroachment shall be fined $50.00 for the first offense, $100.00 for the second offense, and each additional offense may be treated and charged as either an infraction or a misdemeanor as determined by the court.
C. Illegal Parked Vehicle. A minimum fine of $15.00 shall be set for vehicle(s) found in violation. [Ord. 772 § 17.05.130, 1986. Code 1987 § 17.05.130].
17.20.140 Administrative appeal.
A. Any person aggrieved by or dissatisfied with the provisions of this chapter may file a written appeal to the City Council as per City codes and ordinances.
B. Any person aggrieved by or dissatisfied with the enforcement of this chapter may appeal to the Municipal Court as structured within due process of California law. [Ord. 772 § 17.05.140, 1986. Code 1987 § 17.05.140].
17.20.150 Liberal construction – Conflict.
The provisions of this chapter shall be liberally construed to effectuate their purposes. If there is a conflict between this chapter and any other provisions of the Municipal Code, the provisions of this chapter shall prevail. [Ord. 772 § 17.05.150, 1986. Code 1987 § 17.05.150].