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Home My WebLink AboutOrd. No. 2009-1259ORDINANCE NO. 1259 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTIONS 17.08.090, 17.08.160, 17.64.030, 17.68.030, 17.72.030, 17.76.020, 17.80.020, 17.84.020, 17.116.030, 17.120.030, 17.124.020, AND 17.132.030 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING RELIGIOUS LAND USES WHEREAS, the Planning and Zoning Laws of the State of California authorize the City Council of the City of Lake Elsinore to adopt ordinances that, among other things, regulate the use of buildings, structures, and land within the jurisdictional boundaries of the City and its sphere of influence for industry, business, residences, and open space; and WHEREAS, on September 27, 2000, the Religious Land Use and Institutionalized Persons Act (Pub. L. No 106-274, 114 Stat. 903 (codified at 42 U.S.C. § 2000cc-2000c-5): "RLUIPA") was enacted into federal law to (1) prohibit discrimination against any religious assembly or institution on the basis of religion when rendering land use decisions, (2) prohibit the placement of unreasonable limits on religious assemblies, institutions or structures when rendering land use decisions, and (3) prohibit the complete exclusion of religious assemblies from a particular jurisdiction when rendering land use decisions; and WHEREAS, the City Council of the City of Lake Elsinore desires to amend the Lake Elsinore Zoning Code (Title 17) to define religious assembly, institution and structures, and to broaden certain land use descriptions in an effort to further compliance with RLUIPA; and WHEREAS, based on evidence presented by the Community Development Department and other interested parties at a duly noticed public hearing on March 3, 2009, the Planning Commission recommended that the City Council approve this ordinance amending sections 17.08.090, 17.08.160, 17.64.030, 17.68.030, 17.72.030, 17.76.020, 17.80.020, 17.84.020, 17.116.030, 17.120.030, 17.124.020, and 17.132.030 of the Lake Elsinore Municipal Code regarding religious assembly, institution, and structures; and WHEREAS, at a duly noticed public hearing, held on April 14, 2009, the City Council considered the Planning Commission's recommendation and evidence presented by the Community Development Department and other interested parties regarding the proposed Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: Fl SECTION 1. All amendments to Title 17 shall be reflected by the following structure: additions are shown in underline and deletions are shown in stFiketkFeugk. SECTION 2. That Section 17.08.090 of the Lake Elsinore Municipal Code be amended as follows: 17.08.090 I defnitions. "Institutional use" means a non-profit or quasi-public use or institution, such as a sku-rsh alace of reliqious assemblv or institution, library, public or private school, hospital, or municipally owned or operated building, structure or land, used for public purpose. SECTION 3. That Section 17.08.160 of the Lake Elsinore Municipal Code be amended to add the following definition of "Places of Religious Assembly or Institution" between the definitions of "Philanthropic or charitable organization" and "Planned residential developmenY" as follows: 17.08.160 P definitions. "Places of Religious Assembly or Institution" means places of religious assembly or institution including, but not limited to: churches; mosques, synagogues, temples, halis, or other structures or land used by people for purposes of religious exercise. SECTION 4. That Section 17.64.030(T) of the Lake Elsinore Municipal Code be amended as follows: 17.64.030 Uses subject to a conditional use permit. T. Ch, -rsqes Places of Reliqious Assemblv or Institution located on a site at least one (1) acre in size. SECTION 5. That Section 17.68.030(E) of the Lake Elsinore Municipal Code be amended as follows: 17.68.030 Uses subject to a conditional use permit. E. ChUxsMes Places of Reliqious Assembiv or Institution located on a site at least one (1) acre in size. SECTION 6. That Section 17.72.030(D) of the Lake Elsinore Municipal Code be amended as follows: 17.72.030 Uses subject to a conditional use permit. D. Sq-rsMes Places of Reliqious Assembiv or Institution located on a site at least one (1) acre in size. SECTION 7. That Section 17.76.020(I) of the Lake Elsinore Municipal Code be amended as follows: -2- 17.76.020 Permitted uses. Fi I. 6kuFsqes Places of Reliqious Assemblv or Institution located on a site at least one (1) acre in size. SECTION 8. That Section 17.80.020(K) of the Lake Elsinore Municipal Code be amended as follows: 17.80.020 Permitted uses. K. GhurGhes Places of Reliqious Assemblv or Institution located on a site at least one (1) acre in size. SECTION 9. That Section 17.84.020(K) of the Lake Elsinore Municipal Code be amended as follows: 17.84.020 Permitted uses. K. GhuFskaes Places of Relipious Assemblv or Institution located on a site at least one (1) acre in size. SECTION 10. That Section 17.116.030(A) of the Lake Elsinore Municipal Code be amended as follows: I i 17.116.030 Uses subject to a conditional use permit. 1 A. GhuFsqes Places of Reliqious Assemblv or Institution. SECTION 11. That Section 17.120.030(C) of the Lake Elsinore Municipal Code be amended as follows: 17.120.030 Uses subject to a conditional use permit. C. S14Usqes Places of Relicaious Assemblv or Institution. Section 12. That Section 17.124.020(A) of the Lake Elsinore Municipal Code be amended as follows: 17.124.020 Permitted uses. A. 6hWFsMe6 Places of Reliqious Assemblv or Institution. SECTION 13. That Section 17.132.030(U) of the Lake Eisinore Municipal Code be amended as follows: 17.132.030 Uses subject to a conditional use permit. -3- U. ch- -rsqes Places of Reli4ious Assemblv or Institution located on a site at F least one (1) acre in size. ! Q GQ . 6. . . ( , ~ SECTION 14. Severability. 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 15. 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 ADOPTED at a re of the City of Lake Elsinore, Califomia, on this 28"' d CITY OF LAKE ATTEST'. ~•tj,~..jr~"~C ~ ~/~1~~1 DEBOR7X'T.HOMSEN, CMC i~-JTY CLERK ~ - - APP ~;ROVED AS TO FORM: B BARA L IBOLD CITY ATTORNEY of the City Council ,MAYOR NORE -4- STATE OF CALIFORNIA ) ~ COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, DEBORA THOMSEN, CMC, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1259 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 10' day of April 2009, and was finally passed at a regular meeting of the City Council of the City of Lake Eisinore held on the 28th day of April 2009, by the foltowing roll call vote: AYES: Mayor Robert E. Magee, Mayor Pro Tem Melissa Melendez, Councilwoman Amy Bhutta, Councilman Thomas Buckley, Councilman Daryl Hickman NOES: None ABSENT: None e.. ABSTAIN: None ~ DEBORA THOMSEN, CMC'~y ~ CITY CLERK F -5-