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HomeMy WebLinkAboutOrd. No. 1992-936ORDINANCE NO. 936 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE~ CALIFORNIA, AMENDING THE CITY OF LAKE ELSINORE MUNICIPAL CODE CHAPTER 17.11 AND ESTABLISHING A CENTRAL BUSINESS OVERLAY DISTRICT WHEREAS, the City of Lake Elsinore has heretofore established a Central Business District with certain general - guidelines as more particularly set forth in Chapter 17.11 of the Municipal Code; and WHEREAS, the City Council in an effort to provide more consistency in the review process and set forth standards to be binding on all Central Business Overlay District businesses desires to amend the existing Overlay District in order to better accomplish its purpose. NOW, THEREFORE, IT IS HEREBY ORDAINED AS FOLLOWS: Chapter 17.11 is hereby amended in its entirety to provide as follows: 17.11.010 Purpose. The purpose of the Central Business Overlay District is to establish standards to insure that future development in the Central Business District is compatible with the character of the existing small, historic Downtown and to provide a framework for the renovation of buildings which already exist, the design standards set forth in the Cal Poly Urban Design Study for Downtown Lake Elsinore (1982), accomplish the identified goals and objectives of that study, preserve and enhance the existing character of Downtown Lake Elsinore, and extend that character to new development in the Central Business District. 17.11.020 Central Business District Defined. The Central Business District is located in one of the oldest, most established parts of the community of Lake Elsinore. The District is bounded to the north by I-15, to the south by the Lake edge, the east by the alley which parallels Main Street, and to the west by Spring Street, and includes a portion of Graham Avenue to Kellogg. The specific boundaries were adopted by the City Council in April, 1989 and are set forth with specificity in the Design Standards for the Central Business District, which is incorporated herein. 17.11.030 Permitted Uses. Those uses permitted within the Central Business Overlay District shall be those uses otherwise permitted in the underlying zoning. No new or changed use shall be permitted in this District without the specific prior approval as to both type and location by the Design Review Committee. Among the considerations of the Design Review Committee in determining whether a specific use will be permitted shall be the compatibility Page 2 Ordinance No. 936 with surrounding uses, number and density of the same or similar existing uses in the District and the input, if any, from other businesses in the District. 17.11.040 Development Standards. The development standards for the Central Business Overlay District shall be as set forth in the Design Standards for the Central Business District, Lake Elsinore, California, dated October, 1989 and as from time to time amended. Said Design Standards are hereby incorporated herein and made a part hereof. 17.11.050 Design Review Committee. In order to accomplish the goals and objectives of the Design Standards, a Design Review Committee shall be established. Said Committee shall be five (5) members and composed of two (2) representatives of Lake Elsinore businesses, appointed by the City Council, and two (2) Planning Commissioners and one (1) City Council member and staffed by a licensed architect appointed by the City Council. The term of office of the Committee shall be two (2) years, coinciding with the bi-annual election of City Council members. If a member is unable for any reason, to carry out his/her responsibilities, the Committee shall appoint a temporary substitute until an alternate member is appointed by the respective governing body. The City Council shall retain the right to remove and replace committee members, notwithstanding the term set out herein. 17.11.060 Proiect Review. A. All applications for construction, renovation, or rehabilitation of any structure or signage within the District shall be submitted to the Planning Division on a form prepared by the City. B. Design approval requires an affirmative vote by a majority of the Committee members. At least three (3) Committee members' signatures are required on an approved application prior to the issuance of a building permit. C. The Committee may deny or continue consideration for a project for any of the following reasons: 1. Nonconformance with the Design Standards. 2. Incomplete application. 3. Improvements or commencement of operations begun without prior approval. D. Upon approval by the Design Review Committee no further design approval by Planning Staff or Planning Commission shall be required. Page 3 Ordinance No. 936 E. It shall be unlawful to conduct a new or changed use or construct, renovate or rehabilitate any structure, including exterior design and/or signage modifications within the Central Business District in violation of the Design Standards and without prior approval of the Design Review Committee. F. Any determination by the Design Review Committee is subject to appeal to the City Council, whose determination shall be final and binding. Any such appeal must be filed with the City Clerk within ten (10) days of the Design Review Committee decision. The fee for such appeal, if any, shall be as adopted by the City Council. 17.11.070 Compliance with Standards. A. All structures and signage located within the Central Business Overlay District shall be in compliance with the adopted Design Standards. Any structure or signage not in compliance shall be deemed a public nuisance and subject to abatement pursuant to the Nuisance Abatement procedures set forth in Chapter 18.18 of the Municipal Code. B. Any existing structure or signage not in compliance with the Design Standards shall be brought into compliance in accordance with the following schedule: Cost of Modification (i) up to $1000.00 (ii) $1,000.00 and above Compliance Date One (1) Year-_ from the date of adoption Two (2) _ years from the date of adoption C. The Design Review Committee may extend the above compliance dates based upon a showing of financial hardship by the applicant. INTRODUCED AND APPROVED UPON FIRST READING this 25th of August, 1992 upon the following roll call vote: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONI ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Page 4 Ordinance No. 936 PASSED, APPROVED AND ADOPTED UPON SECOND READING this 8th day of Sentemher 1992, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: DOP4INGUEZ, IdINKLER, b1ASHBURN ALON~I, CHERVENY NONE ~~ ^y M. Washburn, Mayor ity of Lake Elsinore T: City (SEAL) Kasad, City Clerk Elsinore APPROVED AS TO FORM AND LEGALITY: ~~-~~I~V John Harper, ity Attorney City of Lak lsinore STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, ', DO HEREBY CERTIFY that. the foregoing Ordinance was read for adoption on August 25, 1992 and was passed on second reading September 8, 1992, by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI, CHERVENY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI LYNNE 14ASAD, CITY CLERK CITY OF LAKE LSINORE (SERE) - STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne. Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 936 of said Council, and that the same has not been amended or repealed. DA September 9, 1992 ~~"~ i VICKI LYNNE ~ SAD, CITY CLERK CITY OF LAKE LSINORE (SEAL)