Chapter 16.34
REQUIRED IMPROVEMENTS
Sections:
16.34.010 Plans, dedications, and fees required generally.
16.34.030 Offers of dedication required.
16.34.040 Requirements for building permit issuance.
16.34.045 Compliance to City standards.
16.34.050 Waiver of improvements.
16.34.070 Violations – Penalty – Remedies.
16.34.080 Supplemental improvements.
16.34.010 Plans, dedications, and fees required generally.
Any person, firm, association, or corporation desiring or intending to build or construct any building or structure or any addition or alteration which requires a building permit or permits, the cumulative square footage of which additions or alterations shall, after July 25, 1977, constitute a total of 650 square feet of additions or alterations, shall file a written application with the Building Inspector of the City together with certain plans and offers of dedication and shall pay certain fees prior to issuance of a building permit. These plans and the various fees are stated in this chapter with amount as stated in the resolution adopted by the City Council. [Ord. 572 § 1, 1977].
16.34.020 Plans required.
Plans to be submitted are as follows:
A. Plot plan;
B. Grading plan;
C. Street improvement plans and drainage plans;
D. Plans for extension of utilities, if such extension may be required;
E. Certificate of survey. [Ord. 572 § 1(A), 1977].
16.34.030 Offers of dedication required.
Offers of dedication to be submitted as may be required are as follows:
A. A grant deed to the City for dedicating for street purposes in accordance with the adopted street width for the location of proposed building site;
B. A grant of easement for the purpose of constructing, maintaining, and operating water system, sewer system, storm drain system, and other utilities as may be required by the City;
C. A grant deed to the City for dedication of land for public park purposes or in-lieu payment to the park capital improvement fund, in accordance with the formula specified in the resolution. [Ord. 572 § 1(B), 1977].
16.34.040 Requirements for building permit issuance.
Prior to issuance of building permit, the following requirements shall be met:
A. The plans enumerated in LEMC 16.34.020 shall be approved and the public improvements shall include curb, gutter, sidewalk, paving, storm drains, water system, sewer system, street lighting. Other utilities shall be constructed or construction thereof secured with a deposit, the amount to be determined by the City Engineer, securing the installation of these improvements by the applicant prior to occupancy permit. No occupancy permit shall be issued until the required improvements have been installed.
B. Upon the recommendations of the City Engineer and Community Development Director and the concurrence of the City Manager and in-lieu fee for future construction of street improvements shall be paid to the City of Lake Elsinore in the event it has been determined by the City Engineer that those required street improvements are not practical to install due to certain construction constraints. Such constraints could be those of potential drainage and street maintenance problems, but are not limited to those specifically. An in-lieu fee as established by resolution shall be paid to the City at the time of building permit issuance. That amount shall be determined by the City Engineer and transmitted to the Community Development Department for collection.
C. The utilities such as water and sewer, when requiring extensions to serve any parcel to be developed, shall be constructed by the owner’s licensed contractor. Contractors performing such extensions shall be properly licensed by the State board for the type of work he is proposing to perform and shall deliver to the City a certificate of insurance indicating that he is fully covered for public liability, damage, and vehicle insurance in the amount required by resolution.
D. The parcels shall be deemed served by City water and sewer if the distance in feet from the closest property line to the facility to be extended shall be 200 times the number of lots to be developed.
E. Reimbursement for extension of public utilities benefiting other parcels shall be in accordance with Chapter 13.12 LEMC.
F. The City or any of its employees shall be prohibited from construction or participating in the construction of main line utilities for private developer unless specifically directed to do so by the City Council. The costs of such construction if directed by the City Council shall be direct labor, material and equipment costs, plus overhead. The estimate of such construction shall be prepared by the City Engineer and a deposit shall be made by the applicant with the City Finance Director. Upon completion of the work, any additional costs incurred by the City shall be paid by the applicant. Any unused portion of the deposit shall be refunded to the applicant. [Ord. 572 § 1(C)(1 – 6), 1977; Ord. 764 § 1, 1986].
16.34.045 Compliance to City standards.
All improvements required pursuant to this chapter shall be constructed in accordance with the City standards as set forth in LEMC 12.04.010. [Ord. 618 § 1, 1981].
16.34.050 Waiver of improvements.
Notwithstanding the provisions of this chapter, the City Council may, upon the recommendation of the City Manager and City Engineer, waive the provisions requiring the installation of any of the public improvements set forth in this chapter, being curbs, gutters, sidewalks, paving or lighting, wherein it appears that such public improvements are impractical or otherwise unnecessary at said time or may be as set forth in LEMC 16.34.040(B) or may require the applicant to make alternative improvements as may appear to be proper to the City Council. [Ord. 575 § 1, 1977; Ord. 572 § 1(C)(7), 1977].
16.34.060 Required fees.
Prior to issuing of a building permit, the applicant, in addition to the requirements set forth in LEMC 16.34.040, shall be required to pay such fees for the purposes described in this section, and in a specific amount set forth in a resolution:
A. Reserved.
B. Library Mitigation Fee. Upon the recommendation of the Community Services Director and the concurrence of the City Manager, an in-lieu fee for future construction of library improvements shall be paid to the City of Lake Elsinore to assure the necessary library facilities are provided the community. Such facilities are to meet the Riverside City/County Library standards. An in-lieu fee as established by resolution shall be paid to the City at the time of building permit issuance. That amount shall be determined by the Community Services Director and transmitted to the Community Development Department for collection.
C. Street Capital Improvement Fund.
1. For the purpose of capital improvement project of arterial and collector streets throughout the City, the funds so collected shall be set aside to supplement gas tax revenues and other revenues which may be budgeted and made available by the City Council for that purpose.
2. For the purpose of maintenance and operation of the local roads to supplement the gas tax revenues or other revenues which may be budgeted and made available by the City Council for that purpose.
D. Park Capital Improvement Fund. For the purpose of purchasing the land and developing and maintaining the City park system, the City Council shall have the option to request dedication for park purposes or, in lieu thereof, request that the applicant pay a fee in accordance with the resolution setting said fees.
E. Storm Drain Improvement Fund. For the purpose of developing a storm drain master plan and a storm drain system in accordance with said master plan; said fees shall be established by a resolution and shall be placed in the fund exclusively for the use specified herein.
F. Plan-Checking Fees. Plan-checking fees shall be established by resolution of the City Council and shall be used for the purpose of offsetting administrative and engineering costs for processing the improvement plans and Design Review Board applications. In addition to the plan-checking fees herein provided for, there shall be the plan-checking fee as provided for by the building code. [Ord. 572 § 1(D), 1977; Ord. 764 § 2, 1986; Ord. 860 § 1, 1989].
16.34.070 Violations – Penalty – Remedies.
A. It is unlawful for any person, firm, association, or corporation to build or construct any building or structure or any additions or alterations without complying with the provisions of this chapter, and any person, firm, association, or corporation who violates any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished in accordance with LEMC 1.16.010. Any of the above-named persons shall be deemed guilty of a separate offense for each and every day during which any violation of this chapter is committed, conducted, or permitted by any of the above-named persons.
B. Any of the above-named persons who violate any of the provisions of this chapter shall not be entitled to the installation of any public utilities such as water and sewer connections or any other public utilities over which the City has jurisdiction until such time as said persons have complied with this chapter.
C. In addition to the remedies and penalties as provided in subsections (A) and (B) of this section, the City shall have the right to bring a civil action for an injunction or other relief against such person or persons who have violated the provisions of this chapter. The remedies and penalties provided in this section shall be accumulative and not exclusive. [Ord. 572 §§ 2 – 4, 1977].
16.34.080 Supplemental improvements.
As a condition of approval of a tentative map, the City may require the subdivider to install improvements for the benefit of the subdivision which contain supplemental size, capacity, number or length for the benefit of property not within the subdivision, and that such improvements be dedicated to the public. In the event that improvements of supplemental size, capacity, number or length are required, the City shall provide for reimbursement pursuant to applicable requirements of the Subdivision Map Act (California Government Code Section 66410 et seq.). [Ord. 1061 § 1, 2000].