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Home My WebLink About2009-04-28 City Council Item No. 14 CLTY OF LAKE o LSINORE DREAM EXTREME, REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 28, 2009 SUBJECT: SECOND READING - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTIONS 17.08.090, 17.08.160, 17.64.030, 17.68.030, 17.72.030, 17.76.020, 17.80.020, 17.84.020, 17.116.030, 17.120.030, 17.124.020, AND 17.132.030 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING RELIGIOUS LAND USES Discussion The above - referenced Ordinance was introduced at a regular City Council meeting on April 14, 2009, and is now being presented for second reading and adoption. Recommendation Waive further reading and adopt the attached Ordinance entitled: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTIONS 17.08.090, 17.08.160, 17.64.030, 17.68.030, 17.72.030, 17.76.020, 17.80.020, 17.84.020, 17.116.030, 17.120.030, 17.124.020, AND 17.132.030 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING RELIGIOUS LAND USES Prepared By: Barbara Leibold, City Attorney Approved By: Robert A. Brady, City Manager Agenda Item No. 14 Page 1 of 6 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTIONS 17.08.090, 17.08.160, 17.64.030, 17.68.030, 17.72.030, 17.76.020, 17.80.020, 17.84.020, 17.116.030, 17.120.030, 17.124.020, AND 17.132.030 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING RELIGIOUS LAND USES WHEREAS, the Planning and Zoning Laws of the State of California authorize the City Council of the City of Lake Elsinore to adopt ordinances that, among other things, regulate the use of buildings, structures, and land within the jurisdictional boundaries of the City and its sphere of influence for industry, business, residences, and open space; and WHEREAS, on September 27, 2000, the Religious Land Use and Institutionalized Persons Act (Pub. L. No 106 -274, 114 Stat. 903 (codified at 42 U.S.C. § 2000cc- 2000c -5): "RLUIPA ") was enacted into federal law to (1) prohibit discrimination against any religious assembly or institution on the basis of religion when rendering land use decisions, (2) prohibit the placement of unreasonable limits on religious assemblies, institutions or structures when rendering land use decisions, and (3) prohibit the complete exclusion of religious assemblies from a particular jurisdiction when rendering land use decisions; and WHEREAS, the City Council of the City of Lake Elsinore desires to amend the Lake Elsinore Zoning Code (Title 17) to define religious assembly, institution and structures, and to broaden certain land use descriptions in an effort to further compliance with RLUIPA; and WHEREAS, based on evidence presented by the Community Development Department and other interested parties at a duly noticed public hearing on March 3, 2009, the Planning Commission recommended that the City Council approve this ordinance amending sections 17.08.090, 17.08.160, 17.64.030, 17.68.030, 17.72.030, 17.76.020, 17.80.020, 17.84.020, 17.116.030, 17.120.030, 17.124.020, and 17.132.030 of the Lake Elsinore Municipal Code regarding religious assembly, institution, and structures; and WHEREAS, at a duly noticed public hearing, held on April 14, 2009, the City Council considered the Planning Commission's recommendation and evidence presented by the Community Development Department and other interested parties regarding the proposed Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1. All amendments to Title 17 shall be reflected by the following structure: additions are shown in underline and deletions are shown in Agenda Item No. 14 Page 2 of 6 SECTION 2. That Section 17.08.090 of the Lake Elsinore Municipal Code be amended as follows: 17.08.090 1 definitions. "Institutional use" means a non - profit or quasi - public use or institution, such as a churc ► place of religious assembly or institution, library, public or private school, hospital, or municipally owned or operated building, structure or land, used for public purpose. SECTION 3. That Section 17.08.160 of the Lake Elsinore Municipal Code be amended to add the following definition of "Places of Religious Assembly or Institution" between the definitions of "Philanthropic or charitable organization" and "Planned residential development" as follows: 17.08.160 P definitions. "Places of Religious Assembly or Institution" means places of religious assembly or institution including, but not limited to: churches, mosques, synagogues, temples, halls, or other structures or land used by people for purposes of religious exercise. SECTION 4. That Section 17.64.030(T) of the Lake Elsinore Municipal Code be amended as follows: 17.64.030 Uses subject to a conditional use permit. T. Churchoc Places of Religious Assembly or Institution located on a site at least one (1) acre in size. SECTION 5. That Section 17.68.030(E) of the Lake Elsinore Municipal Code be amended as follows: 17.68.030 Uses subject to a conditional use permit. E. Churchoc Places of Religious Assembly or Institution located on a site at least one (1) acre in size. SECTION 6. That Section 17.72.030(D) of the Lake Elsinore Municipal Code be amended as follows: 17.72.030 Uses subject to a conditional use permit. D. Churchoc Places of Religious Assembly or Institution located on a site at least one (1) acre in size. SECTION 7. That Section 17.76.020(1) of the Lake Elsinore Municipal Code be amended as follows: - 2 - Agenda Item No. 14 Page 3of6 17.76.020 Permitted uses. I. Churchoo Places of Religious Assembly or Institution located on a site at least one (1) acre in size. SECTION 8. That Section 17.80.020(K) of the Lake Elsinore Municipal Code be amended as follows: 17.80.020 Permitted uses. K. des Places of Religious Assembly or Institution located on a site at least one (1) acre in size. SECTION 9. That Section 17.84.020(K) of the Lake Elsinore Municipal Code be amended as follows: 17.84.020 Permitted uses. K. Ghurchos Places of Religious Assembly or Institution located on a site at least one (1) acre in size. SECTION 10. That Section 17.116.030(A) of the Lake Elsinore Municipal Code be amended as follows: 17.116.030 Uses subject to a conditional use permit. A. Churchoc Places of Religious Assembly or Institution. SECTION 11. That Section 17.120.030(C) of the Lake Elsinore Municipal Code be amended as follows: 17.120.030 Uses subject to a conditional use permit. C. Churchoc Places of Religious Assembly or Institution. Section 12. That Section 17.124.020(A) of the Lake Elsinore Municipal Code be amended as follows: 17.124.020 Permitted uses. A. des Places of Religious Assembly or Institution. SECTION 13. That Section 17.132.030(U) of the Lake Elsinore Municipal Code be amended as follows: 17.132.030 Uses subject to a conditional use permit. - 3 - Agenda Item No. 14 Page 4 of 6 U. Churchoe Places of Religious Assembly or Institution located on a site at least one (1) acre in size. e-- _ - -• - •_ _ - _ - _ _ - _ _ _ -'- _ .. • 1. Provido roctrictions on church oporational hours so it dooe not • 1 1' /l. No two (2) churchoc shall bo Iocatod within one thousand (1,000') • 6. -- - •_-_: • - -- - - - - - =- a .e ' =-- - e provisions for sharod and off cito parking. SECTION 14. Severability. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 15. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 14 day of April 2009. ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST: DEBORA THOMSEN, CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY STATE OF CALIFORNIA ) - 4 - Agenda Item No. 14 Page 5 of 6 COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, DEBORA THOMSEN, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the day of , and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the day of , by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: DEBORA THOMSEN CITY CLERK - 5 - Agenda Item No. 14 Page 6 of 6