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Home My WebLink AboutOrd. No. 2001-1075 ORDINANCE NO. 1075 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 17.11 OF THE LAKE ELSINORE MUNICIPAL CODE AS FOLLOWS: WHEREAS, the City of Lake Elsinore has heretofore established Chapter 17.11 "Historic Downtown Elsinore Overlay District" with certain regulations establishing a framework for development and construction, and preserving and enhancing the existing character of Downtown Lake Elsinore. Chapter 17.11 regulates permitted uses and other subjects associated to the Historic Elsinore as set forth in the Historic Elsinore Architectural Design Standards; WHEREAS, said Chapter 17.11 contains certain subsections, 17.11.030, 17.11.050, 17.11.060, and 17.11.070 which established regulations with respect to Permitted Uses, Design Review Committee, Project Review and Compliance with Standards; WHEREAS, the Planning Commission of the City of Lake Elsinore has adopted Resolution No. 2001-09 a resolution of intent to initiate proceedings to amend Section 17.11 containing certain subsections, 17.11.030, 17.11.050, 17.11.060, and 17.11.070 which established regulations with respect to Permitted Uses, Design Review Committee, Project Review and Compliance with Standards on April 4, 2001; WHEREAS, public notice of said proposed amendment has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on April 24, 2001; THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council has considered the proposed Zoning Code Amendment No. 2001-01, prior to making a decision to approve the proposed amendment to Chapter 17.11, Historic Downtown Elsinore Overlay District. The City Council finds and determines that this proposed amendment to the Zoning Code is consistent with the City's Adopted General Plan. Consequently, any environmental impacts associated with this proposal are adequately addressed by the Environmental Impact Report (EIR) prepared for the 1990 General Plan, certified November 27, 1990. SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of Zoning Code Amendment No. 2001-01 have been made as follows: 1. As stated in the adopted EIR for the General Plan, any project consistent with the said document will not create any significant impacts on the environment or any potential impacts will be mitigated. 2. The proposed zone code amendment will not be a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the City, or b) injurious to property or improvements in the City. 3. The proposed action will be consistent with the Goals, Objectives and Policies of the General Plan and the Standards established in the Municipal Code. SECTION 3. Chapter 17.11, Historic Downtown Elsinore Overlay District, of the Lake Elsinore Municipal Code is hereby amended with the following: CHAPTER 17.11 SECTIONS: 17.11. 010 Purpose 17.11.020 "Historic Downtown Elsinore" Defined ORDINANCE NO. 1075 PAGE 2 of4 17.11.030 Permitted Uses 17.11.040 Development Standards 17.11.050 Project Review 17.11.060 Compliance with Standards. 17.11.010 Pm:pose. The purpose of the "Historic Downtown Elsinore" Overlay District is to establish standards to insure that future development in the historic core of the City is compatible with the character of the existing historic downtown and to provide a framework for new construction and the renovation of buildings which already exist. The design standards set forth in the "Historic Elsinore" Design Standards, preserve and enhance the existing character of Downtown Lake Elsinore, and extend that character to new development in the area designated the "Historic Downtown Elsinore" Overlay District. 17.11.020 "Historic Downtown Elsinore" Defined. The "Historic Downtown Elsinore" Overlay District is comprised of the majority of the historic core of the City of Lake Elsinore. The District encompasses approximately 486 acres and is generally bounded to the north by 1-15 and Collier Avenue, to the south by Lakeshore Drive, the east by Conklin Avenue and Rupard Street, and to the west by Chaney Street. This boundary directly corresponds to that established within the Historic Downtown Land Use Plan and is set forth with specificity in the "Historic Elsinore "Design Standards, which is incorporated herein. 17.11.030 Permitted Uses. Those uses permitted within the "Historic Downtown Elsinore" Overlay District shall be those uses otherwise permitted in the underlying zoning. A. Within Area 1 (as defined within the "Historic Elsinore" Design Standards), no new or changed use shall be permitted without the specific prior approval as to both type and location by the Community Development Director. Among the considerations of the Community Development Director in determining whether a specific use will be permitted shall be the compatibility with surrounding uses, number and density of the same or similar existing uses within Area 1 and the input, if any, from other businesses in the area. 17.11.040 Development Standards. The development standards for the "Historic Downtown Elsinore" Overlay District shall be as set forth in the "Historic Elsinore" Design Standards, for the City of Lake Elsinore, California, dated December 1992 and as from time to time amended. Said Design Standards are hereby incorporated herein and made a part hereof. 17.11.050 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 Review and Approval shall be subject to Section 17.82.100 of the LEMC. C. The Community Development Director may deny or continue consideration for a project for any ofthe 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 Community Development Director no further design approval by the Planning Commission shall be required. However, on projects requiring Community Development Director review, the Community Development Director Effective after October 12, 2000 ORDINANCE NO. 1075 PAGE 3 of 4 may determine that a project warrants review and approval by the Planning Commission. 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 "Historic Downtown Elsinore" Overlay District in violation of the Design Standards and without prior approval of the Community Development Director. F. Any determination by the Community Development Director is subject to appeal to the Planning Commission. Any such appeal must be filed with the Community Development Department within ten (10) days of the Community Development Director's decision. 17.11.060 Compliance with Standards. A. All new construction of structures and signage, or any additions/alterations to structures or signage visible or adjacent to a public right-of-way located within the "Historic Downtown Elsinore" 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 residential or commercial rehabilitation within the Historic Overlay District with a valuation in excess of $3,000.00 shall bring the property into substantial compliance of the Historic Elsinore Architectural Design Standards. The financial improvements shall be based on a percentage of the valuation of the cost of improvements (15% up to $20,000/1 0% over $20,000). C. The Community Development Director may grant extensions to the date that a structure must comply with the Design Standards upon a showing of financial hardship by the applicant. INTRODUCED AND APPROVED UPON FIRST READING this 24nd day of April 2001, upon the following roll call vote: AYES: COUNCILMEMBERS: BRINLEY, KELLEY, METZE, PAPE, SCHI FFNER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 22h day of May 2001, upon the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHI FFNER - NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRINLEY WI: COUNCI Robert Schiffner, Mayor, Cit~ fLake Elsinore NONE Effective after October 12, 2000 ORDINANCE NO. 1075 PAGE 4 of 4 Vicki Lynne asad, City Cl rk City of Lake Elsinore (SEAL) APPROVED AS TO FORM: - Effective after October 12, 2000 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) - I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 24th day of April, 2001; approved upon second reading by title only on the 22nd day of May, 2001, by the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, METZE, P APE, SCHIFFNER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRINLEY ABSTAIN: COUNCILMEMBERS: NONE - cUt 'tJ VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI 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.1 075 of said Council, and that the same has not been amended or repealed. D TED: May 31, 2001 JLV ICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) ~ ~~