HomeMy WebLinkAboutOrd. No. 2012-1309ORDINANCE NO. 2012 -1309
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, MODIFYING THE CITY OF LAKE
ELSINORE MUNICIPAL CODE, TITLE 17 — ZONING, TO ADD
"EMERGENCY SHELTER," "TRANSITIONAL HOUSING," AND
"SUPPORTIVE HOUSING" TO CHAPTER 17.08 — DEFINITIONS;
TO ADD EMERGENCY SHELTER AS A PERMITTED USE WITHIN
THE COMMERCIAL MANUFACTURING (C -M) AND GENERAL
MANUFACTURING (M -2) ZONES; AND TO ADD TRANSITIONAL
AND SUPPORTIVE HOUSING AS A PERMITTED USE WITHIN
THE HIGH DENSITY RESIDENTIAL (R -3), RESIDENTIAL MIXED -
USE (RMU) AND COMMERCIAL MIXED -USE (CMU) ZONES; AS
REQUIRED BY THE STATE OF CALIFORNIA SENATE BILL 2
WHEREAS, the City of Lake Elsinore adopted an update to its General Plan on
December 13, 2011 that included an updated Housing Element for the period July 1,
2008 to June 30, 2014 in compliance with applicable laws and California Department of
Housing and Community Development guidelines; and
WHEREAS, Goal #3 of the City's Housing Element states that the City shall
assist in the development of adequate housing to meet the needs of very low, low and
moderate- income households, including large families, single parent households, the
disabled, senior citizens and shelter for the homeless; and
WHEREAS, Program #3.K.i. of the City's Housing Element states that, in order to
meet that goal, the City will update its zoning ordinance to identify a zone or zone(s) to
permit emergency shelters by right consistent with SB2, within one year of adoption of
the Housing Element; and
WHEREAS, Program #3.K.ii. of the City's Housing Element states that, in order
to meet that goal, the City will amend its zoning ordinance to allow transitional and
supportive housing be treated as residential uses subject to the same development
standards and restrictions that apply to similar housing types in the same zone
consistent with S132, within one year of adoption of the Housing Element; 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
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WHEREAS, after considering Zoning Code Amendment No. 2012 -03 at a noticed
public hearing on October 2, 2012, the Planning Commission of the City of Lake
Elsinore recommended that the City Council approve Zoning Code Amendment No.
2012-03; and
WHEREAS, public notices of Zoning Code Amendment No. 2012 -03 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 October 23, 2012, November 13, 2012, and December 11, 2012,
with respect to this item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council has reviewed and analyzed proposed Zoning
Code Amendment No. 2012 -03 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 (LEMC) and finds and determines that the proposed
Amendment is consistent with the requirements of California Planning and Zoning Law
and with the goals and policies of the Lake Elsinore General Plan and the LEMC.
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 Zoning Code Amendment No. 2012 -03
implements the General Plan update and its Housing Element by providing appropriate
opportunities for the development of emergency shelters, transitional and supportive
housing in the city, no additional environmental review is required.
SECTION 3. That in accordance with the California Planning and Zoning Law
and the LEMC, the City Council hereby makes the following findings for the approval of
Zoning Code Amendment No. 2012 -03 to the LEMC:
1. Proposed Zoning Code Amendment No. 2012 -03 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 Zoning Code Amendment has been analyzed relative to
its potential to have detrimental effects and standards have been
identified to ensure that the health, safety and welfare of surrounding
residents will be protected. The proposed Zoning Code Amendment
will be beneficial to the public health, safety, comfort and welfare by
specifying appropriate zoning districts within the City where emergency
shelters, transitional and supportive housing may be developed.
Furthermore, the development of such uses will follow "Use Standards"
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and "Development Standards" which have been formulated in
compliance with State law, and which ensure compatibility with
surrounding neighborhoods.
2. Proposed Zoning Code Amendment No. 2012 -03 will permit reasonable
development of the area consistent with its constraints and will make the area
more compatible with adjacent properties.
a. The proposed Zoning Code Amendment provides a Definition of
"Emergency Shelter," "Transitional Housing" and "Supportive Housing"
as defined by State law.
b. The proposed Zoning Code Amendment provides detailed use and
development standards where necessary to ensure that emergency
shelters are compatible with adjacent properties.
C. Included in the use standards are specifications regarding the number
of beds, hours of operation, management of the shelter, use of the
program, objective of the program, length of stay, licensing, and the
provision of a Shelter Management Plan.
3. The proposed Zoning Code Amendment would establish a land use density,
intensity and usage more in character with the subject property's location,
access, and constraints.
a. The proposed Zoning Code Amendment has identified appropriate
zoning districts within the
City that have other land uses and intensities compatible with
emergency shelter facilities. The Amendment also has identified
appropriate zoning districts within the City with residential densities
compatible with transitional and supportive housing.
b. The proposed Zoning Code Amendment provides detailed
development standards to ensure that emergency shelters are
compatible with adjacent properties, including the design of waiting
areas, distance between shelters, external lighting, parking
requirements, ADA access and amenities offered.
4. The proposed Zoning Code Amendment increases the number of potential
dwelling units that may be developed on the sites.
The City's Density Bonus Ordinance may apply to transitional and
supportive housing projects were appropriate which could increase the
number of potential dwelling units on sites proposed for transitional
and supportive housing.
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5. The proposed Amendment will not have a significant effect on the environment.
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 Zoning Code Amendment No. 2012 -03 to the City of Lake
Elsinore Municipal Code, Title 17 — Zoning, adding "Emergency Shelter," "Transitional
Housing" and "Supportive Housing" to Chapter 17.08 — Definitions, and adding these
uses as permitted within various Chapters, as shown in attached Exhibit `A.'
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
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.
INTRODUCED at a regular meeting of the City Council of the City of Lake
Elsinore on the 11th day of December 2012; approv sand adopted at the regular
meeting of January 8, 2013. �/ /
City of Lake Elsinore City Council
Virginia $bomb City Clerk
APPROVED 7��OR 1
B ara Leibold, City Attorney
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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 -1309 was introduced by a regular meeting of the City Council
of the City of Lake Elsinore on the 11th day of December 2012, and approved and
adopted at the regular meeting of January 8, 2013 by the following roll call vote:
AYES: Council Member Tisdale, Council Member Hickman, Council Member
Manos, Mayor Pro Tern Johnson and Mayor Magee
NOES: None
ABSENT: None
ABSTAIN: Noneqn^
Virginia oom MC
City Cler