HomeMy WebLinkAboutOrd. No. 2006-1206
ORDINANCE NO. 1206
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE AMENDING AND
RESTATING SECTIONS 17.40.080 C., 17.44.070 C.,
17.48.080 C., 17.52.090 C., 17.54.090 C., 17.56.100 C.,
17.60.100 C., AND 17.66.100 H. OF THE LAKE
ELSINORE MUNICIPAL CODE REGARDING
MINIMUM ON-SITE LANDSCAPING REQUIREMENTS
IN COMMERCIAL AND INDUSTRIAL DISTRICTS
WHEREAS, Sections 17.40.080 C., 17.44.070 C., 17.48.080 C.,
17.52.090 C. of the Lake Elsinore Municipal Code require that all
commercial building sites have a minimum landscaped coverage equivalent
to ten percent (10%) of the total lot area; and
WHEREAS, Sections 17.54.090 C., 17.56.100 C., 17.60.1 00 C. of
the Lake Elsinore Municipal Code require that all industrial building sites
have a minimum landscaped coverage equivalent to eight percent (8%) of
the total lot area; and
WHEREAS, Section 17.66.100 H. requires that at least one (1)
fifteen (15) gallon tree shall be provided within the parking area for every
ten (10) parking spaces; and
WHEREAS, the City Council wishes to 1) increase the minimum
landscaped coverage in commercial and industrial zones to twenty percent
(20%) and 2) change the minimum tree requirement such that one (1)
twenty-four inch (24") box tree shall be planted for every five (5) parking
spaces built; and
WHEREAS, pursuant to Section 15070 of the CEQA Guidelines
(14 C.C.R. SS 15000 et seq.) a Negative Declaration was prepared for the
project explaining why the proposed text amendments will not have a
significant effect on the environment; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE DOES ORDAIN AS FOLLOWS:
CITY COUNCIL ORDINANCE NO. 1206
PAGE20F6
SECTION 1. The City Council finds and determines that based on
the Initial Study the proposed Text Amendments will not have a significant
impact on the environment.
SECTION 2. The City Council makes the following findings for
approval of the proposed text amendments:
A. The proposed text amendments will not be detrimental to the to the
health, safety, comfort, or the general welfare of the persons
working or residing within the City in that revisions are proposed
to increase the minimum on-site landscape percentages in all
commercial and industrial zoning district as well as increasing the
size and amount of trees within parking areas as outlined in
Chapter 17.66 (Parking Requirements).
B. The proposed text amendments will not be injurious to property or
improvements within the City because the proposed amendments
to the minimum on-site landscaping percentages within all new
commercial and industrial zoning districts as well as increasing the
size and amount of trees within parking areas will assist in
enhancing property values and resale value, beautifying
streetscapes and public right-of-ways, and improving air-quality
and reducing energy consumption.
C. The proposed text amendments are consistent with the General
Plan because they will help provide sufficient on-site landscaping
coverage for new commercial and industrial development. The
additional landscaping requirements will provide additional
shading and screening methods within parking areas, which
enhance the aesthetic pleasure of the development. Furthermore,
the proposed revisions will not inhibit the implementation of
appropriate design standards as set forth in the Community Design
Element of the General Plan.
SECTION 3. That Sections 17.40.080 C., 17.44.070 C., 17.48.080
C., 17.52.090 C., 17.54.090 C., 17.56.100 C., and 17.60.100 C. of the Lake
Elsinore Municipal Code shall be amended and restated as follows:
CITY COUNCIL ORDINANCE NO. 1206
PAGE30F6
17.40.080 C. Generally: All building sites shall have a minimum
landscaped coverage equivalent to twenty percent (20%) of the total lot area.
Such landscaping shall be evenly distributed over the site and consist of an
effective combination of trees, ground cover, and shrubbery, which may
include landscaping required for setbacks or buffers. A reduction in
coverage may be sought and approved during the Design Review process in
recognition of quality design. For the purpose of this provision, quality
considerations include the use of courtyards, atriums, creative use of ground
floor public space, creative use of water elements, and the incorporation of
sculpture or art work in the landscape proposal.
17.44.070 C. Generally: All building sites shall have a minimum
landscaped coverage equivalent to twenty percent (20%) of the total lot area.
Such landscaping shall be evenly distributed over the site and consist of an
effective combination of trees, ground cover, and shrubbery, which may
include landscaping required for setbacks or buffers. A reduction in
coverage may be sought and approved during the Design Review process in
recognition of quality design. F or the purpose of this provision, quality
considerations include the use of courtyards, atriums, creative use of ground
floor public space, creative use of water elements, and the incorporation of
sculpture or art work in the landscape proposal.
17.48.080 C. Generally: All building sites shall have a minimum
landscaped coverage equivalent to twenty percent (20%) of the total lot area.
Such landscaping shall be evenly distributed over the site and consist of an
effective combination of trees, ground cover, and shrubbery, which may
include landscaping required for setbacks or buffers. A reduction in
coverage may be sought and approved during the Design Review process in
recognition of quality design. For the purpose of this provision, quality
considerations include the use of courtyards, atriums, creative use of ground
floor public space, creative use of water elements, and the incorporation of
sculpture or art work in the landscape proposal.
17.52.090 C. Generally: All building sites shall have a minimum
landscaped coverage equivalent to twenty percent (20%) of the total lot area.
Such landscaping shall be evenly distributed over the site and consist of an
effective combination of trees, ground cover, and shrubbery, which may
include landscaping required for setbacks or buffers. A reduction in
CITY COUNCIL ORDINANCE NO. 1206
PAGE 4 OF 6
coverage may be sought and approved during the Design Review process in
recognition of quality design. F or the purpose of this provision, quality
considerations include the use of courtyards, atriums, creative use of ground
floor public space, creative use of water elements, and the incorporation of
sculpture or art work in the landscape proposal.
17.54.090 C. Generally: All building sites shall have a minimum
landscaped coverage equivalent to the twenty percent (20%) of the total lot
area. Such landscaping shall be evenly distributed over the site and consist
of an effective combination of trees, ground cover, and shrubbery, which
may include landscaping required for setbacks or buffers. A reduction in
coverage may be sought and approved during the Design Review process in
recognition of quality design. F or the purposes of this provision, quality
considerations include the use of courtyards, atriums, creative use of ground
floor public space, creative use of water elements, and the incorporation of
sculpture or artwork in the landscaped proposal.
17.56.100 C. Generally: All building sites shall have a minimum
landscaped coverage equivalent to twenty percent (20%) of the total lot area.
Such landscaping shall be evenly distributed over the site and consist of an
effective combination of trees, ground cover, and shrubbery, which may
include landscaping required for setbacks or buffers. A reduction in
coverage may be sought and approved during the Design Review process in
recognition of quality design. For the purpose of this provision, quality
considerations include the use of courtyards, atriums, creative use of ground
floor public space, creative use of water elements, and the incorporation of
sculpture or art work in the landscape proposal.
17.60.100 C. Generally: All building sites shall have a minimum
landscaped coverage equivalent to twenty percent (20%) of the total lot area.
Such landscaping shall be evenly distributed over the site and consist of an
effective combination of trees, ground cover, and shrubbery, which may
include landscaping required for setbacks or buffers. A reduction in
coverage may be sought and approved during the Design Review process in
recognition of quality design. For the purpose of this provision, quality
considerations include the use of courtyards, atriums, creative use of ground
floor public space, creative use of water elements, and the incorporation of
sculpture or art work in the landscape proposal.
CITY COUNCIL ORDINANCE NO. 1206
PAGE 5 OF 6
SECTION 4. That Section 17.66.100 H. of the Lake Elsinore
Municipal Code shall be amended and restated as follows:
17.66.100 H. At least one (1) twenty-four inch (24") box tree shall be
provided within the parking area for every five (5) parking spaces built.
SECTION 5. SEVERABILITY. 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 hereby declared to be severable.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect
on January 10, 2006 or such later date that is 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
28th of November 2006, by the following vote:
AYES:
COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
CITY COUNCIL ORDINANCE NO. 1206
PAGE 6 OF 6
PASSED, APPROVED AND ADOPTED UPON SECOND
READING this lih day of December, 2006, upon the following roll call
vote:
AYES:
COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
obert E. Magee, M or
City of Lake Elsin re
ATTEST:
Frederic ay, CMC, City Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
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