HomeMy WebLinkAboutItem #11CITY OF rh
LADE LSIAOI�E
DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: VIRGINIA J. BLOOM, CITY CLERK
DATE: JULY 23, 2013
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE
NO. 2013 -1315
Recommendation
Waive further reading and adopt by title only Ordinance No. 2013 -1315 by roll -call vote:
ORDINANCE 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
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The above - referenced Ordinance was introduced at the regular City Council meeting
held on July 9, 2013 and is now being presented for second reading and adoption.
Prepared by: Virginia J. Bloom, City Clerk
Approved by: Grant Yates, City Manager
Attachment: Ordinance No. 2013 -1315
AGENDA ITEM NO. 11
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ORDINANCE 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
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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).
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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 Council of the City of Lake Elsinore, California,
on the 23rd day of July, 2013.
Robert E. Magee, Mayor
ATTEST:
Virginia J. Bloom, CMC
City Clerk
APPROVED AS TO FORM:
Barbara Z. Leibold
City Attorney
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