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No. 2013-1315ORDINANCE NO. 2013 -1315 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2013 -03, AMENDING THE LAND USE MATRIX CONTAINED WITHIN SECTION 1.4 OF THE CITY OF LAKE ELSINORE DOWNTOWNCODE WHEREAS, an application has been filed with the City of Lake Elsinore by Tom Bergerson of DMB Architects requesting approval of Zone Change No. 2013 -03 for property located at 515 North Main Street; and WHEREAS, on December 13, 2011, the City Council adopted the Downtown Master Plan and the related Downtowncode; and the Downtowncode established the zoning standards that are intended to implement the Downtown Master Plan; and WHEREAS, the proposed Zone Change No. 2013 -03 would amend the detailed Land Use Matrix contained within Section 1.4 of the Downtowncode to add gasoline stations as a conditionally permitted use for the subject property; and WHEREAS, Planning Staff has also recommended that the Land Use Matrix in the Downtowncode be amended to recognize the existing gas stations located at the corners of Main Street and Sumner Avenue and at Graham Avenue and Spring Streets; 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 June 18, 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 Zone Change No. 2013 -03 by adopting Planning Commission Resolution No. 2013 -58 recommending to the City Council approval of Zone Change No. 2013 -03; and WHEREAS, on July 9, 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 Zone Change 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 ORDINANCE NO. 2013 -1315 Page 2 of 3 Municipal Code (LEMC) and finds and determines that the proposed Downtowncode 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. That in accordance with the California Planning and Zoning Law and the LEMC, the City Council hereby makes the following findings for Zone Change No. 2013 -03: 1. The proposed Zone Change will not be; a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the Downtown Master Plan boundaries or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. a. As reviewed by all applicable City Divisions and Departments and Agencies, the proposed zone change will not be detrimental to the health, safety, comfort and welfare of the persons residing or working within or near the neighborhoods affected by the proposed zone change. 2. The proposed action will be consistent with the Goals, Objectives, and Policies of the General Plan including the Downtown Master Plan and the development standards established with the Lake Elsinore Municipal Code (LEMC). a. The proposed change to the Downtowncode will facilitate the establishment of neighborhood - serving commercial and retail opportunities for existing and future residents in the surrounding area. Consequently, the proposed project will not conflict with any applicable land use plan, policy, or regulation. 3. The proposed amendment of the Downtowncode recognizes several existing gasoline dispensing establishments currently located within the boundaries of the Downtown Master Plan and will make said land uses conforming with the applicable zoning document. a. The proposed commercial project will add "Gasoline Dispensing Establishment (subject to Municipal Code Section 17.112.090)" as a use permitted with a Conditional Use Permit within the Gateway Commercial zone in the Gateway District, the Residential Mixed Use zone in the Garden District and the General Commercial zone of the Historic District subject to the restriction that in order to prevent a concentration of Gasoline Dispensary Establishments, such establishments are conditionally permitted when located no closer than 1,000 feet from any existing Gasoline Dispensing Establishment within the Downtown Master Plan boundaries. 4. The proposed Zone Change No. 2013 -03 is categorically exempt from California Environmental Quality Act (Cal. Publ. Res. Code § §21000 et seq.: "CEQA ") and the State CEQA Guidelines (14. Cal. Code Regs § §15000 et seq.), specifically pursuant to Section 15332 (Class 32 — In -Fill Development Projects). ORDINANCE NO. 2013 -1315 Page 3 of 3 a. The proposed Zone Change No. 2013 -03 is consistent with the applicable General Plan designation and policies, as well as zoning designation and regulations, the Project is within the City's boundaries and on a site less than five acres surrounded by urban uses, the Property has no value as habitat, and approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality and the Project is adequately served by all required utilities and public services. SECTION 3. Based upon the evidence presented, both written and testimonial, and the above findings, the City Council hereby approves Zone Change No. 2013 -03 amending the detailed Land Use Matrix contained within Section 1.4 of the Downtowncode to add gasoline stations as a conditionally permitted use, 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 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 9th day of July, 2013 and adopted at a regular meeting of the City Co un ii`of he Cif of Lake Elsinore, California, on the 23rd day of July, 2013. Robert E. Magee,/Mayor ATTEST: 1 Virginia J. loom, CM City Clerk APPROVED AS TO IF B ara Z. L - of City Attorney EXHIBIT A tion 1.4 detailed land use matrix Resource Protection and Restoration P P P P P P P P P Resource Related Recreation (noncommercial) P P Arboretums and horticultural gardens CUP CUP ". P Ad Galleries P P P- P P Community and Social Service Facilities P P P P P Community Assembly per Municipal Code Chapters 117.200 )Temporary Uses) and 5.108 fSpecial Events) P P P P P P P P P Convention and conference centers CUP Libraries and Museums - P Observatories - P Private marine, estuarial, wildlife and wilderness preserves Pubic Agency Offices and Facilities Pi - • - - - CUP - P Civic Theaters- )Public or Non - Profit) - CUP CUP CUP Theaters - Commercial (including cinema). _ _ CUP Caretaker /Employee Quarters P P P P - P P Multi - Family Dwellings - Condominiums and Apartments (including mixed -use placement). P P P P P ' Single Family Dwellings - Clustered. 2 P P rei stores P P P P P le shops P P P - P P 7ysupplysfores P P P P p P ral merchandise stores P P P P P novolty, and souvenir shops P P P P P P P P P P P Ice Cream Shops P P P P P P Jewelry stores P P P P P P Meda shops: Including bookstores. newstands. and video outlets P P P P P P Resource Protection and R=PP P P P P Resource Related RecreatiP (non-commerctol( P P Arboretums and horticultural gardens -. CUP P Art Galleries P P P P P - Community and Social Service Facilities - Community Assembly per Municipal Code Chapter 117.200 (Temporary Uses(. P P P P P P P Convention and conferencecenlers CUP CUP CUP Libraries and Museums P P Observatories P P Private marine, estuo,al, wildlife and wilderness preserves CUP CUP CUP Public Agency Offices and Facilities P Civic Theaters - (Public or Non- Profill P CUP CUP Theaters - Commercial (including cinema) CUP CUP - CUP Caretaker /Employee Quarters P P P P P - Mulli- Family Dwellings - Condominiums and Apartments (including mixed -use placement). P P P - P P Single Family, Dwellings- Clustered. 2 CUP P • CUP - Commercial Uses Retail Apparel stores - - P - P - Bicycle shops I P CUP P Florist P P P P P General merchandise stores P P Gift, novelty, and souvenir shops P • P P P P - Hobby supply stores - P P Ice Cream Shops P P P P P Jewelry stores P P P P P Media shops; including bookstores, newstands, and video ovllels P P P P P section 1.4 detailed land use matrix downiowncode Music stores; including soles of instnimenls, - P P records, and tapes. Personal service establishments: including P P P P P barber shops, beauty shops, dry cleaning, and tailors. Personal Services: Body Art CUP - CUP -.. Pet shops; retail sales and grooming only. - P P - No boarding of animals. Pet Supply Stores (no live pals). P P Specially service establishments; such as P P small appliance repair, watch and jewelry repair. and shoe repair. Specialty food stores less than 4,000 sq. ft.; P P P P P including markets, bakeries, health food esfabiiffiments, and candy $fares - Toy shops. P P P P P Business support /maling /secretarial services Personal services P P P P P (barber shops, beauty shops. massage, manicure, and (elated service( Dry cleaning, recoil - P • P' `• !, Laundry (self service, coin). P - P Dance, gymnastics and modiol ads studio. P3 P3 - P3 Automobile rental agencies, office only. P P Bait Shops- - CUP Bicycle rental shops- P P P P P Ticket agencies. P P Travel agencies and bureaus. P P Health and exercise clubs. CUP - - CUP Hotels. �. ,. P _. P Bed & Breakfast establishments: boutique CUP CUP P P lodging. 112 rooms or less). Offices, professional. Insurance brokers & services, investment brokers, real estale brokers and offices and title and escrow companies. "ar re 0ie'Penafnp Ee Ifth.rt( subject to M ri,l _ _ Coca $6011001 >.112.000) section 1.4 detailed land use matrix I Maximum Of 20 percent of permitted uses. 2 Multiple single - family detached residential uses are permitted on a single fot, provided density range is consistent with underlying district. 3 CUP required If over 2,000 square feet. a Conditionally permitted when Integrated Into a larger development (no stand alone outlets permitted). 5 <1,500 square feet to support neighborhood uses. 6 2000 square feel to support neighborhood uses. 7 I order to prevent a concentration at Gasoline Dispensary Establishments, such establishments are conditionally permitted when located no closer than 1,000 feet from any existing Gasoline Dispensing Establishment within the Downtown Master Plan boundaries. P P - P P P Banks and financial services. Stationary stares. P P P P P Photography studios. P P 'P - P Prescription pharmacies. P P P P P Quick copy and printing esiobfishmenfs. P P P P P Specialty entertainment CUP CUP PS CUP P CUP P Fast Food without Drive through, sandwich shops Restaurants P P6 .CUP P P ' )no beer, wine.or liquor sales). Restaurants CUP CUP6 CUP CUP CUP Iwilh outdoor seating). Restaurants CUP CUP6 CUP CUP CUP (serving beer, wine, or liquor). . Nightclubs /drinking establishments. CUP - CUP Incubator businesses which do not create CUP CUP any noise, vibration, electromagnetic, radiation or other adverse impacts to other properties in the vicinity. May include limited industrial incubator businesses. Bakery (in conjunction with retail soles or - CUP CUP - • CUP CUP - msfouranlj. Manufacturing - light, only in conjunction CUP CUP with a retail oultel for goods manufactured on -site. Antennas and communication facilities - per Municipal Code Chapter 17.208' Heliport CUP - I Maximum Of 20 percent of permitted uses. 2 Multiple single - family detached residential uses are permitted on a single fot, provided density range is consistent with underlying district. 3 CUP required If over 2,000 square feet. a Conditionally permitted when Integrated Into a larger development (no stand alone outlets permitted). 5 <1,500 square feet to support neighborhood uses. 6 2000 square feel to support neighborhood uses. 7 I order to prevent a concentration at Gasoline Dispensary Establishments, such establishments are conditionally permitted when located no closer than 1,000 feet from any existing Gasoline Dispensing Establishment within the Downtown Master Plan boundaries. downtowncode Banks and financial services. - - - ' Stationary stores. Photography sludios. _.. P 4 P Prescription phorsnacies. - - ' Quick copy and printing establishments. Specialty entertainment CUP CUP Fast Food without Drive through, sandwich 754 P CUP4 CUP4 P shops Restaurants P P P P P (no beer, wine ,or iquor sales), Restaurants CUP CUP CUP CUP CUP (with outdoor sealing. Restaurants CUP CUP CUP CUP CUP (serving beer, wine, or liquorh Nightdubs /drinking estoblishments. CUP CUP CUP Incubator businesses which do not create - • - ' any noise, vibration, electromagnetic, radiation or other odverse impacts to other properties In the vicinity. May Include limited industrial Incubator businesses. Bakery (in conjunction with retail Soles or • - - - restaurant)_ Manufacturing - light, only in conjunction - with a retail outlet for goods manufociured on -slle. Antennas and communication facilities " - per Municipal Code Chapter 17.208' Helped 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 -1315 was introduced at the regular City Council meeting of July 9, 2013, and adopted at the regular meeting of July 23, 2013, by the following roll call vote: AYES: Mayor Pro Tern Johnson, Council Member Manos, Council Member Hickman, Council Member Tisdale, and Mayor Magee NOES: None ABSENT: None ABSTAIN: None Virg nia J. oom, City Clerk