Chapter 17.20


17.20.010    Purpose.

17.20.020    Zoning district area.

17.20.030    Definitions for the purposes of this title.

17.20.040    Permitted uses.

17.20.050    Conditional uses.

17.20.060    Prohibited uses.

17.20.070    Violations.

17.20.080    Development standards.

17.20.083    Custom single-family homes 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 District is to ensure that retention of certain water areas and shoreline areas with water-oriented activities are in conformance with the Lake Elsinore General Plan. Additionally, its purpose is to implement the relevant General Plan programs and provide enforcement for violators thereof as herein defined. [Ord. 1331 § 3 (Exh. A), 2015; Ord. 772 § 17.05.010, 1986. Code 1987 § 17.05.010].

17.20.020 Zoning district area.

The Lakeshore District Zone shall apply to any current and future lake shoreline area that is designated “Lakeside Residential” by General Plan amendment, update, master plan or specific plan. [Ord. 1331 § 3 (Exh. A), 2015; Ord. 772 § 17.05.020, 1986. Code 1987 § 17.05.020].

17.20.030 Definitions for the purposes of this title.

For the purposes of this title, certain words and terms are defined as set out in this chapter.

A. “Campground” shall mean an open air facility dedicated for use by tent, trailer or RV campers in a park-like setting. Amenities may include fireplaces, fire pits, gravel or concrete pad for vehicle parking, picnic tables, utility hookups (gas, propane, water, electricity, sewer), potable water, toilets, showers, trash cans or bins.

B. “Frontage” shall mean the maximum width of the shoreline, or that side abutting a street, within the bounds of a specific residential property.

C. “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.

D. “Ordinary high water mark (OHWM)” shall mean a point that represents the maximum rise of the lake over the shorefront, or that can be expected to be produced by the lake in non-flood conditions. OHWM defines the upper limits of Federal jurisdiction over non-tidal water bodies or traditional navigable waters of the United States, subject to the public’s use, such as boating. Typically, private property owner rights become secondary to the overriding public rights and public safety in the water resource. It is used by the U.S. Army Corps of Engineers (USACE), the Environmental Protection Agency, and other Federal agencies to determine the geographical extent of their regulatory programs. The OHWM is used throughout the nation as the standard to limit shoreline development. Typically, no permanent structures are permitted to be constructed below the OHWM, including fences.

The OHWM for Lake Elsinore, as of the adoption of the ordinance codified in this chapter, is 1,255 feet MSL. (It was reestablished and lowered by the USACE from 1,260 feet MSL on March 21, 2008.)

E. “Plot plan” shall mean a diagram showing the proposed placement of the house, structure or dock in relation to existing features of the property and adjacent properties, including property lines, street right-of-way, and driveway access.

F. “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.

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.

G. “Shoreline” shall mean the line at which the lake’s water surface comes into contact with dry land. The shoreline will move as water levels change.

H. Vehicle, Illegal Parking Thereof. “Vehicle” shall be defined as outlined within the State of California Vehicle Code. Illegal parking shall include, but not be 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. 1331 § 3 (Exh. A), 2015; Ord. 772 § 17.05.030, 1986. Code 1987 § 17.05.030].

17.20.040 Permitted uses.

Uses permitted in the Lakeshore District shall be as follows:

A. Custom, occupied single-family residences in accordance with LEMC 17.20.083.

B. Existing occupied and permitted single-family residences and existing operating and licensed businesses consistent with this chapter, as of the date of adoption of the ordinance codified in this chapter.

C. Hiking and bicycle trails/tracks.

D. Jet-ski and boat rentals.

E. Residential private boat docks for private pleasure craft, subject to the issuance of a City permit.

F. Publicly owned park, in conformance with the Lake Elsinore General Plan.

G. Restaurants. [Ord. 1331 § 3 (Exh. A), 2015; Ord. 772 § 17.05.040, 1986. Code 1987 § 17.05.040].

17.20.050 Conditional uses.

The following uses are allowed in the Lakeshore District provided a conditional use permit has been granted by the Planning Commission after notice and public hearing are properly conducted. Any use approved as a CUP shall conform to the General Plan and requirements for scenic corridors.

A. Athletic fields.

B. Campgrounds and picnic grounds.

C. Recreational vehicle/trailer parks.

D. Hotels, bed and breakfast establishments, inns, rental cottages, and lodging facilities.

E. Other retail uses that are limited, small scale, and that serve recreational uses, as deemed similar to the above-mentioned uses by the Director of Community Development.

F. Playgrounds.

G. Tennis courts.

H. Structures exceeding the maximum height permitted by LEMC 17.20.080. [Ord. 1331 § 3 (Exh. A), 2015; Ord. 772 § 17.05.050, 1986. Code 1987 § 17.05.050].

17.20.060 Prohibited uses.

Any uses not specifically listed as allowed, by ownership right as a permitted/conditional use or special permit, are prohibited. The following uses are specifically prohibited:

A. Off-site advertising structures.

B. Stand-alone, for-fee parking lots which are not an accessory use.

C. Storage of any kind unless connected with existing occupied residential dwellings and consistent with all applicable City codes.

D. Unauthorized vending/peddling and selling. [Ord. 1331 § 3 (Exh. A), 2015; 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. 1331 § 3 (Exh. A), 2015; Ord. 772 § 17.05.070, 1986. Code 1987 § 17.05.070].

17.20.080 Development standards.

A. Any new subdivision of property shall provide a minimum 6,000-square-foot lot area.

B. Residential densities for new subdivisions shall not exceed one dwelling unit per 10,000 square feet.

C. Any new subdivision of property shall provide a minimum of 60 linear feet lot width.

D. Minimum yard setback requirements are as follows:

1. All uses shall maintain a minimum setback of 20 feet from Lakeshore Drive.

2. Side yard setback shall be five feet.

3. Rear yard setback shall be established by the Planning Commission on a case-by-case basis.

E. Except as otherwise provided by LEMC 17.20.050, building height shall be a maximum of 30 feet.

F. Fences may be erected within the Lakeshore District subject to approval of architectural theme determined by the Planning Commission.

G. Fences within the lake at 1,255-foot mean sea level or lower shall not be permanent, and shall be removed when the lakebed rises.

H. Properties with tree stumps or dead trees shall comply with LEMC 5.120.120 and 5.120.130.

I. Access to any use must be approved by the Planning and Engineering Divisions based upon:

1. Safety of approach;

2. Adequate facilities provided;

3. Conformance with requirements as listed in the LEMC.

J. Development shall adhere to the provisions of Chapter 15.64 LEMC, Flood Damage Prevention, and Chapter 15.68 LEMC, Floodplain Management. Additionally, property owners are subject to provide a flood easement to the City.

K. Development applicants shall have a soils report prepared and receive City Engineer approval prior to construction on the property. The soils report shall identify County Fault Zones if present on the property.

L. Utilities shall be required to be underground in accordance with Chapter 16.64 LEMC.

M. Development shall support efforts to complete a multipurpose trail system around the lake in accordance with the goals and policies of the General Plan. [Ord. 1331 § 3 (Exh. A), 2015; Ord. 772 § 17.05.080, 1986. Code 1987 § 17.05.080].

17.20.083 Custom single-family homes development standards.

A. New homes shall have an orientation and accessibility to the lake for private use only.

B. Lot coverage shall be calculated on the area of the property remaining above the “ordinary high water mark,” and the maximum of all structures shall be 50 percent.

C. Development shall provide scenic vistas between homes, for the enjoyment of pedestrians as well as local residences. Fencing shall be topped with wrought iron or glass. Yard landscaping shall be low-growing.

D. Development shall meet all traffic safety and circulation requirements for this area, which may require additional design and engineering.

E. Development shall support public access to the lake in accordance with the goals and policies of the General Plan.

F. As required by Chapter 17.148 LEMC, parking requirements for single-family homes shall be two spaces per dwelling unit in a garage, plus two open spaces, which may be located in the driveway in a tandem position, in front of the garage door. In lieu of the two open spaces in the driveway, one open space per dwelling unit may be provided elsewhere on the lot. Additionally, carports may be allowed in lieu of the required garage, provided a minor design review has been approved or conditionally approved by the Community Development Director or designee pursuant to the provisions of LEMC 17.415.060.

G. Accessory uses for residential homes shall be permitted in accordance with LEMC 17.76.040 (R-1 Zone accessory uses and structures). [Ord. 1331 § 3 (Exh. A), 2015].

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(H). Violations shall be enforced as herein provided. [Ord. 1331 § 3 (Exh. A), 2015; 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. 1331 § 3 (Exh. A), 2015; Ord. 772 § 17.05.100, 1986. Code 1987 § 17.05.100].

17.20.110 Nonconforming uses.

Any structure or use within the Lakeshore 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 has been granted, shall upon change of ownership or expansion be brought into conformance with all City codes and State of California, Title 25, within one year of the change of ownership or during the expansion of the campgrounds. A family trust or inheritance is not considered a change of ownership for the purposes of this provision.

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 in accordance with City codes.

E. Stumps and dead trees shall be removed immediately.

F. Refuse materials shall be removed immediately. [Ord. 1331 § 3 (Exh. A), 2015; 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 that ensure 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(C), (F) and (H), 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 facie 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(C), (F) and (H), is responsible for such and is thereby liable for the cost of a fine as imposed and established hereafter. [Ord. 1331 § 3 (Exh. A), 2015; 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. 1331 § 3 (Exh. A), 2015; 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. 1331 § 3 (Exh. A), 2015; 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. 1331 § 3 (Exh. A), 2015; Ord. 772 § 17.05.150, 1986. Code 1987 § 17.05.150].