HomeMy WebLinkAboutOrd. No. 2014-1324ORDINANCE NO. 2014 -1324
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING ZONING CODE
AMENDMENT NO. 2014 -01 AND ZONING CODE AMENDMENT
NO. 2014 -02 AMENDING CHAPTER 17.168 OF THE LAKE
ELSINORE MUNICIPAL CODE.
WHEREAS, Chapter 17.168 (Conditional Use Permits) of the Lake Elsinore
Municipal Code ( "LEMC ") sets forth various procedures and regulations regarding the
processing and approval of Conditional Use Permits within the City; and
WHEREAS, it is in the City of Lake Elsinore's interest to eliminate procedural
impediments to the development of commercial, industrial and residential projects within
the City of Lake Elsinore; and
WHEREAS, it is also in the City of Lake Elsinore's interest to clearly explain the
specific conditions under which a previously approved conditional use permit may be
suspended or revoked and the due process procedures required for the Planning
Commission to take such action; and
WHEREAS, many development proposals require the approval of both a
Conditional Use Permit application in accordance with Chapter 17.168 of the LEMC and
a Design Review application in accordance with Chapter 17.184 of the LEMC; and
WHEREAS, LEMC Section 17.168.080 states that a Conditional Use Permit
lapses and becomes void one year from its effective date unless a building permit is
issued and construction commenced; although LEMC Section 17.184.120 allows two
years with up to two one -year extensions of time within which to obtain a building permit
and begin construction pursuant to a Design Review approval; and
WHEREAS, it has been determined that unless a Conditional Use Permit
approval lapses and becomes void pursuant to LEMC Section 17.168.080 that said
approval remains in effect indefinitely unless revoked at a public hearing; and that
LEMC Section 17.168.050 inaccurately states that a Conditional Use Permit "may be
granted for a limited time period "; and
WHEREAS, the Community Development Department of the City of Lake
Elsinore initiated Zoning Code Amendment No. 2014 -01 to amend LEMC Section
17.168.080 in order to enable Conditional Use Permit approvals to remain valid for the
same period afforded Design Review approval and to correct LEMC Section
17.168.050; and
WHEREAS, LEMC Section 17.168.110 states that upon violation of any
applicable provisions of LEMC Chapter 17.168 or failure to comply with any applied
conditions of approval, a conditional use permit shall be suspended by the Planning
Commission in accordance with the procedures set forth in Section 17.168.110; and
Ordinance No. 2014 -1324
Page 2 of 4
WHEREAS, at the Planning Commission's request, the Community Development
Department of the City of Lake Elsinore initiated Zoning Code Amendment No. 2014 -02
to amend LEMC Chapter 17.168 provisions regarding the suspension or revocation of
conditional use permit approvals; 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, pursuant to Title 14 of the California Code of Regulations, Section
15061(b)(3), the City of Lake Elsinore has determined that it can be seen with certainty
that there is no possibility that adoption of Zoning Code Amendment No. 2014 -01 and
Zoning Code Amendment No. 2014 -02 may have a significant effect on the
environment; and therefore the zoning code amendment is exempt from CEQA; and
WHEREAS, on January 21, 2014 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 Zoning Code Amendment No. 2014 -01 by adopting
Planning Commission Resolution No. 2014 -01 recommending to the City Council
approval of Zoning Code Amendment No. 2014 -01; and
WHEREAS, on February 4, 2014 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 Zoning Code Amendment No. 2014 -02 by adopting
Planning Commission Resolution No. 2014 -02 recommending to the City Council
approval of Zoning Code Amendment No. 2014 -02; and
WHEREAS, on March 11, 2014 at a duly noticed public hearing, the City Council
has considered the recommendations 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 ORDAIN AS FOLLOWS:
SECTION 1. The City Council has reviewed and analyzed the proposed zoning
code amendments pursuant to the California Planning and Zoning Laws (Cal. Gov.
Code §65000 et seq.), the Lake Elsinore General Plan and the Lake Elsinore Municipal
Code and finds and determines that the proposed amendments are 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.
Ordinance No. 2014 -1324
Page 3 of 4
SECTION 2. The City Council hereby finds and determines that Zoning Code
Amendment No. 2014 -01 and Zoning Code Amendment No. 2014 -02 are exempt from
the California Environmental Quality Act (Public Resources Code §§ 21000 et seq.:
"CEQX) and the Guidelines for Implementation of CEQA (14 California Code of
Regulations §§ 15000 et seq.: "State CEQA Guidelines ") pursuant to Section
15061(b)(3) of the State CEQA Guidelines. Specifically, the Planning Commission finds
that there is no possibility that adoption of Zoning Code Amendment No. 2014 -01 and
Zoning Code Amendment No. 2014 -02 may have a significant effect on the
environment.
SECTION 3. That in accordance with the State Planning and Zoning Law, the
City Council hereby makes the following findings for the approval of Zoning Code
Amendment No. 2014 -01 and Zoning Code Amendment No. 2014 -02:
1. The proposed zoning code amendments will not be: a) detrimental to the
health, safety, comfort or general welfare of the persons residing or working
within the neighborhood of the proposed amendment or within the City, or b)
injurious to the property or improvements in the neighborhood or within the
City.
The proposed zoning code amendments have been analyzed relative to their
potential to have detrimental effects and it has been determined that the
proposed amendments have no impact upon the public's health, safety,
comfort and general welfare because the amendments will provide
consistency within the City's zoning code and will not change the approval
process and related noticing requirements for Conditional Use Permits within
the City.
2. The proposed zoning code amendments are consistent with the Goals,
Policies and Implementation Programs of the General Plan and the
development standards established with the LEMC.
The proposed zoning code amendments do not create new zoning districts,
remove existing zoning districts or otherwise modify land use requirements.
The proposed zoning code amendments are procedural in nature and do not
affect the density or intensity of uses and will not interfere with the
implementation of the goals, policies and implementation programs of the
General Plan.
SECTION 4. Based upon the evidence presented, both written and testimonial
and such other matters as reflected in the record, and the above findings, the City
Council hereby approves Zoning Code Amendment No. 2014 -01 and Zoning Code
Amendment No. 2014 -02; making the amendments to Chapter 17.168 (Conditional Use
Permits) of the Lake Elsinore Municipal Code attached hereto as Exhibit "A"
Ordinance No. 2014 -1324
Page 4 of 4
SECTION 5. 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 thereby declared
to be severable.
SECTION 6. 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 the 25th day of March, 2014, and
adopted at a regular meeting of the City Council of the City of Lake Elsinore, California
on the 8th day of April, 2014.
ATTEST:
�ft.
Virginia' . Bloo ity Clerk
APPROVED AS TO F Rm-
Barbara Leibold, City Attorney
,
The following amendments to Chapter 17.168 (Conditional Use Permits) of the Lake
Elsinore Municipal Code, which amend Sections 17.186.050 (Action of the Planning
Commission) and 17.168.080 (Lapse of conditional use permit), 17.168.090 (Preexisting
conditional uses), 17.186.110 (Suspension and revocation) and 17.168.130 (Use permit
to run with the land), is the currently adopted text with strikethrough text being deleted
and underlined text being added.
17.168.050 Action of the Planning Commission.
The Commission may grant a conditional use permit as the permit was applied for or
in modified form, or the application may be denied. A conditional use permit may be
granted for a limited tome periGd, and may be granted subject to such conditions as the
Commission may prescribe. Conditions may include, but are not limited to, payment of
fees; requirements for special yards, open spaces, buffers, fences and walls; requiring
installation and maintenance of landscaping; street dedications and general
infrastructure improvements; regulations of points of vehicular ingress and egress;
control of traffic circulation; regulation of signs; regulations of hours of operation and
methods of operation; limitations on attendance; control of potential nuisances;
prescribing standards of maintenance of buildings and grounds; phasing; development
standards; and such other conditions as the Commission may deem necessary to
ensure compatibility of the use with surrounding development and preserve the public
health, safety and welfare. [Ord. 772 § 17.74.050, 1986. Code 1987 § 17.74.0501.
17.168.080 Lapse of conditional use permit
A Ganditional use peFmit shall lapse and shall beeeme veid one year following the
date en WhiGh the use permit beGame effective 'Unless, PFOOF tG the expiratiGn Gf ene
tE)waFd GOMpletion on the site which was the SUbjeGt of the use permit appliGatiGR.
A A conditional use permit approval shall lapse and become void two years
following the date on which the conditional use permit became effective, unless one of
the following: (1) prior to the expiration of two years a building permit related to the
conditional use permit is issued and construction commenced and diligently pursued
toward completion: or (2) prior to the expiration of two years the applicant has applied
for and has been granted an extension of the conditional use permit approval pursuant
to subsections (B) and (C) of this section.
B The expiration date of an approved conditional use permit may be extended for
no more than two years The first extension may be granted for one year subject to the
approval of the Community Development Director after consultation with other Citv
departments if such conditional use permit complies with current laws, standards and
policies The second one -year extension may be granted by the Planning Commission
so long as the conditional use permit complies with current laws, standards and policies.
C Application for extensions of time shall be filed prior to the expiration of the
conditional use permit approval and shall be accompanied by a fee in an amount as
established by resolution of the City Council.
D. Any conditional use permit approval granted on or after May 8, 2013, up to the
effective date of the ordinance codified in this section shall lapse and become void two
years following the date on which the conditional use permit became effective, unless
one of the exceptions set forth in subsection (A) of this section is satisfied; then, in
which case the life of the conditional use permit shall be extended in accordance with
subsections (B) and (C) of this section. [Ord. 772 § 17.74.080, 1986. Code 1987 §
17.74.080].
17.168.090 Preexisting conditional uses.
A conditional use legally established prior to the effective date of the ordinance
codified in this chapter, or prior to the effective date of subsequent amendments to the
regulations of zone boundaries, shall be permitted to continue; provided, that it is
operated and maintained in accord with the conditions prescribed at the time of its
establishment and except as provided in Section 17.168.110. Any alteration or
expansion of a preexisting conditional use shall be permitted only upon the granting of a
use permit as prescribed in this section. [Ord. 772 § 17.74.090, 1986. Code 1987 §
17.74.090].
17.168.100 Modification of conditional use permit.
An application for modification, expansion or other change in a conditional use
permit shall be reviewed according to the provisions of this chapter in a similar manner
as a new application. [Ord. 772 § 17.74.100, 1986. Code 1987 § 17.74.100].
17.168.110 Suspension and revocation.
A conditional use permit shall may
be suspended as fellows or revoked by the Planning Commission pursuant to the
provisions of this section on any of the following grounds:
1 Approval of the conditional use permit was obtained through misrepresentation or
fraud.
2 That the use is being conducted in violation of the terms and conditions of the
permit or in violation of any applicable licenses permits regulations, laws or
ordinances.
3. Circumstances under which the conditional use permit was approved_ have
changed such that the use has become detrimental to the public health, safety, or
welfare or the manner of operation constitutes or is creating a public nuisance. The
provisions of Chapter 17.168 and the approval of a conditional use permit pursuant
thereto shall not authorize the maintenance of any public nuisance.
4 That the use for which the permit was granted has ceased or has been
suspended for one year or more.
B Prior to any suspension revocation or modification of a conditional use permit,
the Planning Commission shall hold a public hearing. The hearing shall be preceded by
notice given in the same manner as was required to be given for consideration of
issuance of the conditional use permit.
permit of its intentien to hold a heaFing to consider revoGatien ef the use permit. Said
RGtiGe shall be made at least 10 days to the ., tual date of the hearing. At the
public hearing, the Planning Commission shall consider evidence from all interested
parties and after deliberatiOR if not satisfied that the regulations,
GonditiGR is being Gamplied with, may reveke the GORditiGRal use permit or take
I Motion. If, based upon the testimony and the facts presented or by
investigation the Planning Commission finds that any one of the grounds set forth in
subsection A of this section exist the Planning Commission may:
1 suspend the conditional use permit subject to reinstatement upon compliance
with specified conditions:
2. revoke the conditional use permit or
3 modify the conditional use permit by revising or imposing additional conditions
aimed at correcting the grounds which would otherwise justify a revocation.
Within five days following the date of a decision of the Commission suspending,
revoking or modifying a conditional use permit, the sesretar-y Community Development
Director or his /her designee shall transmit to the applicant and City Council written
notice of the decision. The decision shall become final 15 calendar days fellowting from
the date oR whlnh the use permit was re„e of the decision unless an a written appeal
of the action has been filed with the City Clerk within said 15 calendar days from the
date of the decision pursuant to the provisions of Chapter 17.180 LEMC. [Ord. 772 §
17.74.110, 1986. Code 1987 § 17.74.110]
17.168.120 Reapplication.
Following the denial of a conditional use permit application or the revocation of a
conditional use permit, no application for a conditional use permit for the same or
substantially the same conditional use on the same or substantially the same site shall
be filed within one year from the date of denial or revocation of the conditional use
permit. [Ord. 772 § 17.74.120, 1986. Code 1987 § 17.74.120].
17.168.130 Use permit to run with the land.
Subiect to the provisions of Section
17.168.110, a conditional use permit granted pursuant to the provisions of this section
shall run with the land and shall continue to be valid upon a change of ownership of the
site or structure which was the subject of the conditional use permit application. [Ord.
772 § 17.74.130, 1986. Code 1987 § 17.74.130].
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 -1324 was introduced at the regular City Council
meeting of March 25, 2014, and adopted at the regular meeting of April 8, 2014,
by the following roll call vote:
AYES: Mayor Pro Tern Manos, Council Member Tisdale, Council Member
Magee, Council Member Hickman and Mayor Johnson
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk
Virginia Bloo ,