HomeMy WebLinkAboutOrd. No. 2005-1150
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ORDINANCE NO. 1150
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA APPROVING THE
ADOPTION OF A NEW "M-3" MINERAL RESOURCES
AND RELATED MANUFACTURING DISTRICT" AND
AMENDING THE CITY OF LAKE ELSINORE
MUNICIPAL CODE BY ADDING CHAPTER 17.61.
WHEREAS, the City of Lake Elsinore desires to initiate a project consisting of updating
the City's current Municipal Code (Title 17, LEMC, updated as of October, 2000) to include a
new "M-3" Mineral Resources and Related Manufacturing District; and
WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting
held on April 19, 2005 made its report upon the desirability of the proposed project and made its
recommendation in favor of the new "M-3" Mineral Resources and Related Manufacturing
District Zoning District by adopting Planning Commission Resolution No. 2005-46
recommending to the City Council approval of a new "M-3" Mineral Resources and Related
Manufacturing District Zoning District; and
WHEREAS, this City Council certifies that this project qualifies for a California
Environmental Quality Act (CEQA) exemption, as there are no reasonably foreseeable
consequences of the proposed approval. Additionally, the project will not have a significant
effect on the environment and is consistent with the City's adopted General Plan and Zoning
Code; and
WHEREAS, public notice of said application 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 May 10, 2005.
NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HERBY
ORDAIN as follows:
SECTION 1. The City Council finds and determines that this "M-3" Mineral Resources
and Related Manufacturing District is consistent with the Lake Elsinore Municipal Code
(LEMC), the Lake Elsinore General Plan, and that this action is exempt from the requirements of
the California Environmental Quality Act (CEQA), pursuant to Public Resources Code Section
21065, and CEQA Guidelines Section 15060(c) (2) and 15061(b) (3). In accordance with CEQA
Guidelines Section 15062, a Notice of Exemption will be filed with the County Clerk for this
action.
SECTION 2. That in accordance with Title 17 of the Lake Elsinore Municipal Code
(LEMC), the State Planning and Zoning Law and the City of Lake Elsinore the following
findings for the approval of a new "M-3" District have been made:
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CITY COUNCIL ORDINANCE
"M-3" ZONING DISTRICT
PAGE TWO
FINDINGS-MUNICIP AL CODE UPDATE
1. This new M-3 ordinance is proposed to provide opportunities for new mining and related
land uses in order to encourage economic growth in the community by providing new
jobs, new incomes and scarce mined material required for development of new housing
products and the like businesses.
2. No specific application of the M-3 zone is currently contemplated with the Resolution.
3. The new M-3 zone is consistent with the Lake Elsinore General Plan and planning
concepts for mining related uses both inside and outside the City's incorporated
boundaries.
SECTION 3. 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.
INTRODUCED AND APPROVED UPON FIRST READING this lOth day of
May, 2005, upon the following roll call vote:
AYES: COUNCILMEMBERS:
BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 24th
day of May, 2005, upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, MAGEE,
SCHIFFNER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS: NONE
ATTEST:
CITY COUNCIL ORDINANCE
"M-3" ZONING DISTRICT
PAGE THREE
i~Q: ~
Vicki Kasad, CMC, City Clerk
APPROVED AS TO FORM:
/
r.-e.
eibold, City Attorney
CITY OF LAKE ELSINORE
ZONING CODE
CHAPTER 17.61
"M-3 MINERAL RESOURCES AND RELATED MANUFACTURING DISTRICT"
SECTIONS:
Section 17.61.010 Purpose
Section 17.61.020 Pennitted Uses without a Mining or Conditional Use Pennit
Section 17.61.030 Uses Subject to a Surface Mining Pennit
Section 17.61.040 Uses Subject to a Conditional Use Pennit
Section 17.61.050 Accessory Uses
Section 17.61.060 Minimum Area
Section 17.61.070 Development Standards
Section 17.61.080 Special Development and Landscape Improvement Standards
Section 17.61.090 Pre-Existing Operations
Section 17.61.100 Signs
Section 17.61.110 Substantial Compliance and Compatibility of Uses
Section 17.61.010 Purpose. The intent of the "M-3" District is to reserve appropriate locations consistent
with the General Plan to accommodate a full range of mineral resource extraction and related manufacturing
in order to strengthen the City's economic base and to increase employment opportunities. Locations for the
"M-3" District may have operational characteristics or features that make their location near less intensive
uses or highly visible areas of the City inappropriate. However, uses which have nuisance features that
cannot be mitigated or which pose a threat to public health or safety shall not be pennitted. This Chapter
includes appropriate development criteria to assure a quality of appearance of all structures and uses from
public rights-of-way in order to encourage the long term viability of the District as well as to attract desirable
users. This ordinance also contains the appropriate standards and criteria to ensure public health and safety.
Section 17.61.020 Permitted Uses without a Mining or Conditional Use Pennit. Uses pennitted in the "M-3"
District shall include those businesses listed below which operate in compliance with the purpose, intent and
standards of this district, are conducted on a contiguous area of not less than three hundred (300) acres unless
otherwise permitted in Section 17.61.030, maintain an exterior environment meeting all State and Federal
regulations pertaining to odor, dust, smoke, gas, noise, vibration, electromagnetic disturbance, and the storage
of hazardous waste. Each business shall be evaluated in terms of its operational characteristics and specific
site location.
A. All permitted uses in the ''M-1'' District listed in Section 17.56.020.
B. All permitted uses in the ''M-2'' District listed in Section 17.60.020.
C. Agricultural uses of the soils for crops, orchards, grazing and forage.
D. Other permitted uses that the Planning Commission approves in accordance with Section 17.61.110
Section 17.61.030 Uses Subject to a Surface Mining Pennit. The following uses are permitted in conformance
with the development and performance standards of this Chapter provided that the operator thereof holds a
pennit to conduct surface mining operations, issued pursuant to the Surface Mining and Reclamation Act of
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1975 ("SMARA"), as adopted by Riverside County Ordinance No. 555 and incorporated herein by this
reference, which has not been revoked or suspended:
A. Mining, quarrying, excavating, beneficiating, concentrating, processing, and stockpiling of rock, sand,
gravel, decomposed granite, clay, gypsum, limestone metallic ores, and similar materials, and the
rehabilitation of the resulting excavations.
B. Rock crushing plants, aggregate washing, screening and drying facilities and equipment, and concrete
and or asphalt batch plants.
C. Ore reduction plants, and specialty plants for processing mineral products; the manufacturing of
block, pipe, tile, pottery, bricks, cement, plaster, and asphaltic concrete, and the recycling of broken
concrete and asphalt, provided that such plants and manufacturing operations observe a minimum
setback of 300 feet from any zone, other than the "M-3", "M-2, or "M-1" Districts.
D. Other Surface Mining Permit uses that the Planning Commission approves in accordance with
Section 17.61.110.
E. Notwithstanding any other provision of this Chapter 17.61, blasting activities shall be permitted only
upon issuance by the Director of Community Development of a permit authorizing such activities
and shall be subject to the standards established in Section 17.61.080 and such additional conditions
as set forth in the permit.
Section 17.61.040 Uses Subject to a Conditional Use Permit. It is recognized that certain uses while similar in
characteristics to Permitted Uses in Section 17.61020 may have the potential to impact surrounding
properties and therefore require additional approval and consideration. The following uses are permitted
provided a conditional use permit has been granted pursuant to Chapter 17.74 and shall include the following:
A. Organic waste composting facilities.
B. Other uses that the Planning Commission finds by resolution to be consistent with the
purpose of this Chapter and having characteristics similar to those uses listed in this Section
17.61020.
C. Other Conditional Use Permit uses that the Planning Commission approves in accordance
with Section 17.61.110.
D. Electric and gas distribution, transmissions substations, telephone and microwave stations.
E. Riding and hiking trails, recreation lakes, and camp grounds.
Section 17.61.050 Accessory Uses. In addition to pre-existing operations (as defined in Section 17.61.090),
the following accessory buildings and uses may be located in the same area in conjunction with the permitted
use, provided that they remain clearly incidental and secondary to the primary permitted use, are compatible
with the character of the business district in which they are located, and that any building or structure is
harmonious with the architectural style of the main building(s). Except for pre-existing operations, no
accessory buildings shall be located in a front yard area facing adjacent residential uses.
A. Retail and wholesale distribution of materials produced on the site, provided that retail distribution
sales do not exceed 35 percent of gross revenue generated on the site.
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B. Storage of trucks, excavating vehicles, machinery, or other similar equipment or non-product material
used in the operation, where suitable screening of the storage is provided when within 500 feet of a
residential use or right of way.
C. Scales and weighing equipment.
D. Offices and maintenance shop structures, including use of mobile homes, provided such structures
are constructed subject to and in accordance with a validly issued City building permit
E. Residences and mobile homes for caretakers or watchmen and their families, provided that no more
than one residence per 50 acres of mining area may be permitted by the City and further provided
such structures are constructed subject to and in accordance with a validly issued City building
permit.
Section 17.61.060 Minimum Area. The minimum area for any new "M-3" District shall not be less than three
hundred (300) acres gross. Areas designated in an "M-3" District may fall bellow the three hundred (300)
acre minimum threshold over time, and become non-contiguous, if they remain consistent with the uses
permitted in the "M-3" District, and continue to abide by all State (SMARA) and Federal requirements.
Section 17.61.070 Development Standards. The following minimum standards shall apply to all new
construction in the "M-3" District:
A. Minimum Area. Not less than three hundred (300) acres gross.
B. Minimum Width. Not less than two hundred feet (200').
c. Yards. Front, rear, and side, not less than fifty feet (50') for any use permitted in this Chapter and not
less than one hundred and fifty feet (150') when the use is adjacent to any residential zoned property;
provided further, however, that any structure exceeding forty-five feet (45') in height shall have front,
side, and rear yard spaces equal to the height of said structure and not less than fifty feet (50').
D. Structure Height. With the exception of pre-existing operations, no habitable building or permanent
structure shall exceed forty-five feet (45') in height, unless a variance is approved by the Planning
Commission. In no event, however, shall a habitable building exceed seventy-five feet (75') in height
or shall any other structure exceed one hundred feet (100') in height.
Section 17.61.080 Special Development and Landscape Improvement Standards. The following special
development and landscape improvement standards are designed for mining and related uses which are
developed for uses that are remote from urban uses. Premises in the "M-3" District used for any mining and
quarry operations, and related manufacturing shall be subject to the following standards:
A. Noise Suppression. All equipment and premises employed in conjunction with any of the uses
permitted in the "M-3" District shall be constructed, operated and maintained in accordance with
the requirements of Chapter 17.78 of the City of Lake Elsinore Zoning Code.
B. Roads and Driveways. Best management practices shall be implemented and all roads and
driveways shall be kept wetted while being used or shall be treated with oil, asphaltic concrete or
concrete, or other palliative to prevent the emission of dust.
C. Access Roads. All private access roads leading off any paved public street onto property used for
any purpose permitted in this ordinance shall be paved to a minimum width of twenty four feet
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(24') with asphaltic concrete or equal, not less than three inches in thickness with adequate
compacted base material for not less then the first one hundred feet (100') of said access road.
D. Air and Water Pollution. All operations shall be conducted in compliance with the requirements of
the South Coast Air Quality Management District and the State Water Quality Control Board.
E. Slopes of Excavations. No production from an open pit quarry shall be permitted which creates an
average slope steeper than one foot (1') horizontal to one foot (1') vertical; provided, however, that
a steeper slope may be permitted where soil content or material is such that a vertical-cut
excavation is safe in the opinion of the Division of Industrial Safety, Department of Industrial
Relations of the State of California.
F. Distancing and Landscaping. With the exception of pre-existing operations, operations located at
anytime within 500 feet of existing residences or adjacent residential zoned property shall comply
with the following:
1. For Manufacturing Operations:
1. Within the requisite 150 foot setback and 300 feet of the property boundary--
prohibited without issuance of a variance.
11. Between 300 feet and 500 feet of the property boundary shall be screened to a
height of at least six feet (6') by either landscaping, berms, walls or solid fencing
and the outer boundaries of the area being excavated shall be enclosed with a six-
foot (6') high chain link fence, including all necessary gates, except where such a
fence would be impractical, as in the bed or flood channel of a wash or
watercourse, because of differences in elevation.
2. For Excavation Operations:
1. Within the requisite 150 foot setback of the property boundary - prohibited
without issuance of a Conditional Use Permit.
11. Between the requisite 150 foot setback and 500 feet of the property boundary
shall be screened to a height of at least six feet (6') by either landscaping, berms,
walls or solid fencing and the outer boundaries of the area being excavated shall
be enclosed with a six-foot (6') high chain link fence, including all necessary gates,
except where such a fence would be impracticaL as in the bed or flood channel of
a wash or watercourse, because of differences in elevation.
G. Hours of Operation. Subject to the exceptions expressed herein and except for pre-existing
operations, all uses shall conftne operations on the property to the hours between 7:00 a.m. and
7:00 p.m., Monday through Saturday and uses shall not be permitted on legal holidays or Sundays.
1. Subject to issuance of a Conditional Use Permit, those operations that are located between
the requisite 150 setback for residential zoned property (Section 17.61.070) and 500 feet
from the outer boundary of the property may engage in continuous activities beyond the
hours of operation.
2. Those operations (both excavation or manufacturing operations) that are located more
than 500 feet from the outer boundary of the property may engage in continuous activities
beyond the hours of operation so long as the activities otherwise comply with the
substantive requirements the Lake Elsinore Municipal Code, including the specific
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standards set forth in this Chapter.
H. Insurance. Before commencing any mining operations in accordance with this Chapter, including
production activities or operations incident thereto, the owner or operator shall provide evidence
of liability insurance in an amount of $1,000,000.00 per occurrence and $2,000,000.00 in the
aggregate or such other amount as may be reasonably acceptable to the City. Such insurance shall
be kept in full force and effect during the period of such operations and shall name the City as an
additional insured upon request by the City.
1. Rehabilitation. All property uses permitted by this Chapter shall be rehabilitated in accordance with
the applicable provisions of the Surface Mining and Reclamation Act of 1975 and any mining
reclamation plan that has been approved pursuant to this Chapter, the provisions of Riverside
County Ordinance No. 555, or SMARA.
Section 17.61.090 Pre-Existing Operations. For purposes of this Chapter, "pre-existing operations" means
(a) any structure existing in an area at the time the area is designated part of the "M-3" District by the City,
(b) any operation activity which is occurring in an area at the time the area is designated as part of the
"M-3" District by the City, and (c) any operation activity described in Section 17.61.030A which has occurred
in any area prior to the time the area is designated as part of the "M-3" District by the City.
Section 17.61.100 Signs. The provisions of Chapter 17.94 shall be used to determine permitted signs in the
"M-3" District.
Section 17.61.110 Substantial Compliance and Compatibility of Uses. The Planning Commission may
determine whether a project or any project modification is substantially and significandy related to the
permitted uses, uses subject to a Surface Mining Permit, uses subject to a Conditional Use Permit, or
accessory uses, in the "M-3" District.
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