HomeMy WebLinkAboutOrd. No. 2013-1312ORDINANCE NO. 2013 -1312
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING ZONING CODE
AMENDMENT NO. 2013 -03, MODIFYING THE CITY OF LAKE
ELSINORE MUNICIPAL CODE, TITLE 17 — ZONING, ADDING
CHAPTER 17.106 "P -I PUBLIC /INSTITUTIONAL DISTRICT."
WHEREAS, the City of Lake Elsinore adopted an update to its General Plan on
December 13, 2011; and
WHEREAS, properties in the City have been designated 'Public /Institutional' on
the General Plan Land Use Map; and
WHEREAS, an appropriate zone is not currently available that is entirely
consistent and compatible with the 'Public /Institutional' designation; 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, 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, on March 19, 2013 at a duly noticed public hearing, the Planning
Commission considered evidence presented by the Community Development
Department and other interested parties with respect to this item and made its
recommendation in favor of Zoning Code Amendment No. 2013 -03 by adopting
Planning Commission Resolution No. 2013 -46 recommending to the City Council
approval of Zoning Code Amendment No. 2013 -03; and
WHEREAS, on April 23, 2013 at a duly noticed public hearing, the City Council
has considered the recommendation of the Planning Commission as well as evidence
presented by the Community Development Department and other interested parties with
respect to this item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. The City Council has reviewed and analyzed proposed Zoning
Code Amendment No. 2013 -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.
ORDINANCE NO. 2013 -1312
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SECTION 2. That in accordance with the California Planning and Zoning Law
and the LEMC, the City Council hereby makes the following findings for the Zoning
Code Amendment to the LEMC:
1. Proposed Zoning Code Amendment No. 2013 -03 will not be 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
injurious to the property or improvements in the neighborhood or within the City.
a. The proposed Zoning Code Amendment will be beneficial to the public
health, safety, comfort and welfare by specifying permitted and
conditionally permitted uses within the Public /Institutional designation
and specifying zoning districts within the City where the
Public /Institutional zone is appropriate.
2. Proposed Zoning Code Amendment No. 2013 -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 includes a list of permitted
uses.
3. The proposed Zoning Code Amendment No. 2013 -03 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 existing public
and institutional uses consistent with General Plan land use
designations.
4. The proposed Zoning Code Amendment No. 2013 -03 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
City of Lake Elsinore General Plan and its related cases which was certified on
December 13, 2011, and adequate mitigation measures have been prepared
where necessary.
SECTION 3. Based upon the evidence presented, both written and testimonial,
and the above findings, the City Council hereby approves Zoning Code Amendment No.
2013 -03 to the City of Lake Elsinore Municipal Code, Title 17 — Zoning, adding Chapter
17.106 — PI Public /Institutional Zoning District, as shown on Exhibit "A."
SECTION 4. 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. 2013 -1312
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invalidity shall not affect the other provisions of this Ordinance and are hereby declared
to be severable.
SECTION 5. 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 this 23rd day of April, 2013 and
adopted at a regular meetinq of the City Council of the City of Lake Elsinore, California,
APPROVED AS TO FOR
Bey a-ra-Leibo-'Id, City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify
that Ordinance No. 2013 -1312 was introduced at the regular City Council
meeting of April 23, 2013, and adopted at the regular meeting of May 14, 2013,
by the following roll call vote:
AYES: Council Member Manos, Mayor Pro Tern Johnson, Council Member
Hickman, Council Member Tisdale, and Mayor Magee
NOES: None
ABSENT: None
ABSTAIN: None
Virgi'i J. BI o , City Clerk
Zoning Code Amendment No. 2013 -03
EXHIBIT "A"
(PI) PUBLIC /INSTITUTIONAL ZONING DISTRICT
Chapter 17.106
Sections:
17.106.010 Purpose.
17.106.020 Uses permitted.
17.106.010 Purpose.
There are properties in the City owned and maintained by public agencies
which are not subject to the development standards of the LEMC. Most of these
agencies abide by federal or state requirements, which take precedence over
local laws. However, such uses shall be identified and acknowledged as generally
unsuitable for residential purposes, but may contain a variety of facilities or
campuses for the provision of public services.
The purpose of the Public /Institutional Zoning District is to identify
structures, or campuses and facilities containing structures. Non - structural
facilities may be identified in the OS Open Space Zoning District, or in the R
Recreational Zoning District if the use promotes leisure activities such as sports,
marine preserves, or picnic grounds.
17.106.020 Uses Permitted.
1. Cemeteries
2. City of Lake Elsinore facilities
3. Civic Center
4. Community Centers
S. Convention or Conference Centers
6. County facilities
7. Governmental offices
8. Libraries
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Zoning Code Amendment No. 2013 -03
EXHIBIT "A"
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9. Performing Arts Centers
10. Public Parking facilities
11. Roads, freeways
12. Schools: public, private, academies
13. Sewage treatment plants
14. Transit facilities
15. Utility companies and substations
16. Similar and compatible uses.
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