HomeMy WebLinkAboutOrd. No. 2007-1209
ORDINANCE NO. 1209
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE AMENDING APPLICABLE CHAPTERS OF
THE LAKE ELSINORE MUNCIPAL CODE (LEMC) BY
MODIFING CHAPTER 17.48 (C-2, GENERAL COMMERCIAL
DISTRICT) TO ALLOW 'CARD ROOMS' AS A
CONDITONAL USE, SUBJECT TO A CONDITONAL USE
PERMIT
WHEREAS, Ted Kingston, Lake Elsinore Hotel & Casino, filed an
application, to amend Chapter 17.48 (C-2, General Commercial District) to allow
'Card rooms' as a conditional use, subject to a Conditional Use Permit; and
WHEREAS, a Negative Declaration has been prepared for the project
pursuant to the requirements of the California Environmental Quality Act
(CEQA) Section 15070, describing the reasons that the proposed zoning code text
amendment will not have a significant effect on the environment and does not
require the preparation of an environmental impact report; and
WHEREAS, Section 17.84.050 of the LEMC stipulates that the City
Council shall make a final determination on a Zoning Ordinance text amendment;
and
WHEREAS, public notice of the 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 February 13, 2006.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council has considered the proposed Zoning Code
Text Amendment. The City Council finds and determines that an Initial Study was
completed to analyze the potential environmental impacts of the proposed project.
The Initial Study concluded that the proposed Zoning Code Text Amendment
would have no significant environmental impacts.
CITY COUNCIL ORDINANCE NO. 1209
PAGE20F4
SECTION 2. That in accordance with State Planning and Zoning law and
the LEMC, the City Council makes the following findings for approval of Text
Amendment No. 2006-04:
1. The proposed Text Amendment to the City's Chapter 17.48 (C-2 General
Commercial District) will:
a. 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 the revisions are
proposed to allow 'card room' as a conditional use, subject to a Conditional Use
Permit.
b. Not be injurious to property or improvements within the City because the
proposed amendment to allow 'card rooms' and associated uses will assist in
enhancing property values and resale values for businesses that have 'card rooms'
and associated uses in that they are permitted as a conditional use and subject to a
Conditional Use Permit in conjunction with Section 5.28 (Cardrooms) of the Lake
Elsinore Municipal Code (LEMC).
2. The proposed Zoning Code Text Amendment is consistent with the
General Plan as the proposed changes to Chapter 17.48 (General Commercial
District) is consistent with the General Plan General Commercial designation.
Furthermore, Table 111-5 (General Plan/Zoning Compatibility Matrix) indicates
that C-2 (General Commercial District) is a zone that is compatible with the
General Commercial General Plan designation. It should be noted that the
proposed revision to Chapter 17.48 (C-2, General Commercial District) will not
inhibit the implementation of appropriate design standards as set forth in the
Community Design Element of the General Plan.
SECTION 3. That Chapter 17.48.030(H) is hereby amended as follows:
Chapter 17.48.030(H)
H. Card rooms, or any other establishment associated with card playing as
may be permitted under the provisions of Section 330 of the Penal Code
of the State of California and Chapter 5.28 of the Lake Elsinore
Municipal Code; provided, however, a conditional use permit for a card
room or other establishment pursuant to this subsection 17.48.030 H
CITY COUNCIL ORDINANCE NO. 1209
PAGE30F4
must be submitted to and approved by the City Council in accordance
with Lake Elsinore Municipal Code Chapter 5.28.
Chapter 17.48.030(1)
I. Other uses that the Planning Commission finds by resolution to be in
accord with the purpose of this Chapter and having characteristics
similar to those uses listed in this Section. A list of these uses shall be
maintained in the Planning Division for future reference.
SECTION 4. 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 5. 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 13th
day of February, 2007, by the following vote:
AYES:
COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER,
MAGEE
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: HICKMAN
ABSTAIN: COUNCILMEMBERS: NONE
CITY COUNCIL ORDINANCE NO. 1209
PAGE40F4
PASSED, APPROVED AND ADOPTED UPON SECOND READING
this 27th day of February, 2007, upon the following roll call vote:
AYES:
COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER,
MAGEE, HICKMAN
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
ert E. Mage, ayor
City of Lake E more
ATTEST:
~_lDr~1Jp- Solo t'
Frederick Ray, CMC, City erk
City of Lake Elsinore
Barbara Zei eibold, City Attorney
City of Lake Elsinore