HomeMy WebLinkAboutOrd. No. 2012-1300ORDINANCE NO. 2012 -1300
ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
AMENDING THE LAKE ELSINORE MUNICIPAL CODE, TITLE 17
— ZONING, CHAPTER 17.08 — DEFINITIONS, AND ADDING
CHAPTER 17.86 — RMU RESIDENTIAL MIXED -USE DISTRICT
AND CHAPTER 17.134 — CMU COMMERCIAL MIXED -USE
DISTRICT
WHEREAS, the City of Lake Elsinore adopted an update to its General Plan on
December 13, 2011, which established mixed -use designations on various properties
throughout the City, as presented on the General Plan Land Use Plan; and
WHEREAS, there are no existing zoning districts in the Lake Elsinore Municipal
Code (LEMC) that adequately provides development standards for the mixed -use
designations; and
WHEREAS, certain land use definitions have been updated, revised or added
consistent with the proposed mixed -use districts; and
WHEREAS, Government Code Section 65103 empowers the legislative body to
implement the General Plan through actions including, but not limited to, the
administration of zoning ordinances; and
WHEREAS, Government Code Section 65860 requires that a city's zoning
ordinances be consistent with its general plan; and
WHEREAS, Resolution No. 2004 -11 of the City of Lake Elsinore, which
establishes procedures and requirements for implementation of the Western Riverside
County Multiple Species Habitat Conservation Plan, specifically exempts the adoption
or amendment of any land use or zoning ordinance in Section IV — Exemptions; and
WHEREAS, after considering the amendment and additions to the LEMC at a
regular meeting held on March 20, 2012, the Planning Commission of the City of Lake
Elsinore recommended that the City Council approve the amendment and additions to
the LEMC, Title 17 — Zoning, amending Chapter 17.08 — Definitions, and adding
Chapter 17.86 — RMU Residential Mixed -Use District and Chapter 17.134 — CMU
Commercial Mixed -Use District; and
WHEREAS, public notice of the amendment and additions have been given and
the City Council of the City of Lake Elsinore has considered the evidence presented by
the Community Development Department and other interested parties at a public
hearing held on April 10, 2012 with respect to this item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE NO. 2012 -1300
PAGE 2 of 5
SECTION 1. The City Council has reviewed and analyzed the proposed
amendment and additions pursuant to the California Planning and Zoning Laws (Cal.
Gov. Code §65000 et seq.), the Lake Elsinore General Plan and the Lake Elsinore
Municipal Code and finds and determines that the proposed amendment and additions
are consistent with the requirements of California Planning and Zoning Law and with the
goals and policies of the Lake Elsinore General Plan.
SECTION 2. Pursuant to Section 21080 (c) (2) of the California Environmental
Quality Act (CEQA), the City Council determines that the Recirculated Program
Environmental Impact Report certified for the update to the General Plan is adequate
and prepared in accordance with the requirements of CEQA which analyzes
environmental effects of the Project. Because the amendment and addition to the LEMC
implements the General Plan update with the appropriate zoning districts for
development within the mixed -use designations, no additional environmental review is
required.
SECTION 3. That in accordance with the State Planning and Zoning Law, the
City Council hereby makes the following findings for the approval of the amendment and
additions to the LEMC, Title 17 — Zoning, amending Chapter 17.08 — Definitions, and
adding Chapter 17.86 — RMU Residential Mixed -Use District and Chapter 17.134 —
CMU Commercial Mixed -Use District:
1. The proposed amendment and additions will not be a) detrimental to the health,
safety, comfort or general welfare of the persons residing or working within the
neighborhood of the proposed amendment or within the City, or b) injurious to the
property or improvements in the neighborhood or within the City.
a. The proposed amendment and additions have been analyzed relative
to their potential to have detrimental effects. The proposed amendment
and additions will be beneficial to the public health, safety, comfort and
welfare and will improve the property in the neighborhood and the City
by allowing a variety of residential and commercial uses to be
established in mixed -use districts within the City.
2. The proposed amendment and additions will permit reasonable development of
the area consistent with its constraints and will make the area more compatible
with adjacent properties.
a. The proposed amendment and additions provide a Table of Mixed -Use
Uses that are permitted, permitted by conditional use permit, permitted
by temporary use permit, or prohibited, thereby enabling a property
owner to determine the highest and best use of his land if it is
designated for residential mixed -use or commercial mixed -use.
b. The proposed amendment and additions provide a Glossary /
Definition of Mixed Use Land Use terms that specifies each land use
listed on the Table of Mixed -Use Land Uses.
ORDINANCE NO. 2012 -1300
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C. The proposed amendment and additions provide detailed development
standards where necessary to ensure that uses are compatible with
adjacent properties and recognize its constraints in a mixed -use
environment
d. The proposed amendment and additions provide a Matrix of
development standards to assist the property owner with the design of
his project.
3. The proposed amendment and additions would establish a land use density,
intensity and usage more in character with the subject property's location,
access, and constraints.
a. The proposed amendment and additions provide detailed development
standards where necessary to ensure that uses are compatible with
adjacent properties and recognize its constraints in a mixed -use
environment.
4. The proposed amendment and additions increase the number of potential
dwelling units that may be developed on the sites.
a. The mixed -use designations were adopted specifically to encourage a
combination of residential units within commercial projects, that are
vibrant, pedestrian - friendly, urban centers. Density bonuses are
available to increase the number of potential dwelling units on sites
designated fro residential mixed -use.
5. The proposed amendment and additions will not have a significant effect on
the environment.
a. The potential impacts of the General Plan update have been analyzed in
the Recirculated Environmental Impact Report (SCH #2005121019) prepared
for the General Plan and its related cases, and adequate mitigation measures
have been prepared where necessary.
SECTION 4. Based upon the evidence presented, both written and testimonial
and such other matters as reflected in the record, and the above findings, the City
Council hereby adopts the following amendments and additions to the Lake Elsinore
Municipal Code, Title 17 — Zoning, as follows: (a) amending and restating in part
Chapter 17.08 — Definitions as set forth in Exhibit "A" attached hereto and incorporated
by reference herein; (b) adding Chapter 17.86 — RMU Residential Mixed -Use District as
set forth in Exhibit "B" attached hereto and incorporated by reference herein; and (c)
adding Chapter 17.134 — CMU Commercial Mixed -Use District, as set forth in Exhibit
"C" attached hereto and incorporated herein by reference.
SECTION 5. If any provision, clause, sentence or paragraph of this Ordinance or
the application thereof to any person or circumstance shall be held invalid, such
ORDINANCE NO. 2012 -1300
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invalidity shall not affect the other provisions of this Ordinance and are hereby declared
to be severable.
SECTION 6. 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 INTRODUCED at a regular meeting of the City
Council of the City of Lake Elsinore, California, on the 10th day of April, 2012, and
adopted at a regular meeting of the City Council of the City of Lake Elsinore, California,
on the 24th day of April, 2012. (-
Brian Tisdale—, Mayor
City of Lake Elsinore City Council
APPROVED AS TQ FO N ,
Barbara Leibold, City Attorney
ORDINANCE NO. 2012 -1300
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STATE OF CALIFORNIA ) ss
COUNTY OF RIVERSIDE )
CITY OF LAKE ELSINORE )
I, VIRGINIA BLOOM, City Clerk of the City of Lake Elsinore, California, hereby
certify that Ordinance No. 2012 -1300 was introduced at a regular meeting of the City
Council of the City of Lake Elsinore on the 10th day of April, 2012, and was finally
passed at a regular meeting of the City Council of the City of Lake Elsinore held on the
24th day of April, 2012, by the following roll call vote:
AYES: Mayor Pro Tern Hickman, Council Member Weber, Council Member Magee
and Mayor Tisdale
NOES: None
ABSENT: None
ABSTAIN: Council Member Melendez
Virginia`d( loom '� GMC
City Clerk\ v