HomeMy WebLinkAboutOrd. No. 1983-687ORDINANCE NO. 687
AN URGENCY INTERIM ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA PROHIBITING ANY LAND USES WHICH
MAY CONFLICT WITH A CONTEMPLATED CITY-WIDE
ZONE CHANGE TO ESTABLISH CONSISTENCY BETWEEN
ZONING AND GENERAL PLAN DESIGNATION AND
REPEALING ORDINANCE N0. 681.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA
DOES ORDAIN AS FOLLOWS:
SECTION ONE.
1. On December 14, 1982, the City Council passed and approved
Resolution No. 82-83, adopting a comprehensive General Plan.
2. Due to a change in personnel, fiscal constraints, and the
press of other City business, staff has not yet proposed a comprehensive
City-wide rezoning ordinance to bring current zoning in compliance with
the new General Plan.
3. There are now pending projects and contemplated projects
which are permitted uses under the current zoning ordinances, which
projects are not consistent with the General Plan designations for the
subject areas.
4. On September 27, 1983, the City Council adopted an urgency
interim zoning ordinance pursuant to Government Code Section 65858(a),
which ordinance will expire November 11, 1983 by its own terms, and
according to Government Code Section 65858(a).
5. On October 25, 1983, the City Council issued its written
report describing the measures taken to alleviate the condition which
led to the adoption of the urgency interim zoning ordinance, and although
some progress has been made to completing the proposed comprehensive
City-wide zoning ordinance, much work remains to be done.
6. A properly noticed public hearing was held on November 8,
1983, as required by Government Code Section 65858(a).
7. In view of the foregoing, the City Council of the City
of Lake Elsinore hereby finds and determines that there is a current
and immediate threat to the public health, safety, or welfare, and that
the approval of additional subdivisions, rezonings, land use permits, or
any other applicable entitlement for use which is required in order to
comply with current zoning ordinances would result in a threat to the
public health, safety, or welfare.
SECTION TWO.
Pursuant to Government Code Section 65858, all uses which may
be in conflict with the contemplated City-wide rezoning proposal to bring
current City zoning into compliance with General Plan designation are
prohibited.
SECTION THREE.
The determination as to whether or not a proposed use may be in
conflict shall be initially made by the Staff member, Board or Commission
processing such proposal.
SECTION FOUR.
Any person aggrieved by the Staff determination shall have the
right of administrative appeal to the City Manager, upon filing a written
request therefor within thirty days of such determination. Any person
aggrieved by the determination of the City Manager or a Board or Commission
shall have the right of administrative appeal to the City Council, upon
filing a written request therefor within thirty days of the determination.
SECTION FIVE.
It is recognized that instances may arise where there are minor
inconsistencies between the proposed use and the General Plan designation.
In such circumstances, the Staff member, Board or Commission is directed
to consider the relative importance of the proposed use and the General Plan
designation, and in situations where the inconsistency is minor and the
overall benefit to the City is demonstrated, the proposed use may be approved
as the General Plan has been designed to have sufficient flexibility to
permit the City to emphasize those goals which provide the greatest
public benefit in any given situation.
SECTION SIX.
Because of the temporary nature of this ordinance, and any
extensions of this ordinance, it need not be included in the Lake Elsinore
Municipal Code.
SECTION SEVEN.
Ordinance No. 681 is hereby repealed.
SECTION EIGHT.
This ordinance shall take effect immediately upon passage by
a four-fifths vote of the City Council and shall be of no further force and
effect ten months and fifteen days from its date of adoption, unless
previously repealed or extended.
INTRODUCED, APPROVED AND ADOPTED this 8th day of November,
1983, upon the following roll call vote:
AYES
NOES
ABSENT
ABSTENTIONS
ATTEST:
KNIGHT, MAC P1URRAY, TORN VALENZUELA, UNSWORTH
NONE
NONE
NONE
J ANN MONEY, City Cler
~~ 2~.~~
JOHN G. UNSWORTH, Mayor
APPROVED AS TO FORM:
JOHN M. PORTER, City Attorney
STATE OF CALIFORNIA )
ss.
COUNTY OF RIVERSIDE )
I, Jo Ann Ploney, City Clerk of the City of Lake Elsinore, DO
HEREBY CERTIFY that the foregoing Ordinance had its first reading on
November 8, 1983 and had its second reading on NO DATE - URGENCY
INTERIM ORDINANCE and was passed by the following vote:
AYES: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, ~ALENZUELA, UNSWORTH
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
NN P10NEY, CI Y CLERK
TY OF LAKE ELSINORE
(SEAL)