HomeMy WebLinkAboutOrd. No. 2007-1220
ORDINANCE NO. 1220
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.18 OF
THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE R-
M-R: RURAL MOUNTAINOUS RESIDENTIAL DISTRICT AND
ADOPTION OF A NEGATIVE DECLARATION THEREFOR
WHEREAS, Section 65860 of the California Government Code requires
that a city's zoning ordinance be consistent with the city's general plan and that in
the event that a zoning ordinance becomes inconsistent with a general plan by
reason of amendment to the plan, or to any element of the plan, the zoning
ordinance shall be amended within a reasonable time so that it is consistent with
the general plan; and
WHEREAS, the Lake Elsinore General Plan contains a land use designation
of Mountainous (M), which permits one (1) residential dwelling unit per ten (10)
acres, for residential development in areas containing steep slopes, rugged terrain,
limited or no access, and limited public services and utilities; and
WHEREAS, the Lake Elsinore Municipal Code does not contain a zoning
designation that corresponds to the General Plan Mountainous (M) designation;
and
WHEREAS, the City Council desires to create a new zoning designation to
provide development guidelines for properties that are designated as Mountainous
(M) in the City's General Plan; and
WHEREAS, in accordance with Title 14 of the California Code of
Regulations, Section 15070, the City of Lake Elsinore prepared a proposed
negative declaration to analyze the potential environmental impacts associated with
the City's adoption of the R-M-R Ordinance; and
WHEREAS, on April 3, 2007, the Lake Elsinore Planning Commission
reviewed and analyzed the proposed R-M-R Ordinance and made a
recommendation to the City Council that the Ordinance be adopted; and
WHEREAS, the City Council is responsible for making decisions regarding
zoning ordinances; and
WHEREAS, public notice of the R-M-R Ordinance has been given, and the
City Council has considered evidence presented by the Community Development
CITY COUNCIL ORDINANCE NO. 1220
PAGE 2 OF 13
Department and other interested parties at a public hearing held with respect to this
item on April 24, 2007.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council considered the proposed Negative
Declaration before making its decision to approve the environmental document.
SECTION 2. The City Council hereby finds and determines that in
accordance with Title 14 of the California Code of Regulations, Section 15070 it
was appropriate to prepare a Negative Declaration for the R-M-R Ordinance
because the initial study showed that there was no substantial evidence, in light of
the whole record, that the project may have a significant effect on the environment.
The purpose of the R-M-R Ordinance is to bring the Zoning Code into conformity
with the City's General Plan. Impacts associated with development of future
projects that have an R-M-R zoning designation will be analyzed as part of those
particular projects.
SECTION 3. In accordance with Government Code Section 65855, the
City Council sets forth the following reasons to approve the proposed R-M-R
Ordinance:
1. Currently, the Lake Elsinore Municipal Code does not have a zoning
designation that is consistent with the General Plan Mountainous (M)
designation. As a result, the City has not established development standards,
including density and intensity of development, to guide new construction
on those parcels with a General Plan Mountainous (M) designation. As
development in the City continues, it will be necessary to have standards
applicable to the General Plan Mountainous (M) designation. Adoption of
the R-M-R Ordinance brings the Zoning Code into conformity with the
General Plan.
2. The R-M-R Ordinance will provide opportunities to create extremely low
density residential development in areas containing steep slopes, rugged
terrain, limited or no access, and limited public services and utilities.
CITY COUNCIL ORDINANCE NO. 1220
PAGE 3 OF 13
3. The R-M-R Ordinance will permit one (1) residential dwelling unit per ten
(10) acres of land.
SECTION 4. The City Council hereby adds Chapter 17.18 to the Lake
Elsinore Municipal Code as follows:
Chapter 17.18
R-M-R: RURAL MOUNTAINOUS RESIDENTIAL DISTRICT
Sections:
17.18.010
17.18.020
17.18.030
17.18.040
17.18.050
17.18.060
17.18.070
17.18.080
17.18.090
17.18.100
17.18.110
17.18.120
17.18.130
17.18.140
17.18.150
Purpose.
Permitted uses.
Uses subject to a conditional use permit.
Accessory uses.
Lot area.
Street frontage width.
Lot dimensions.
Setbacks.
Lot coverage.
Building height.
Minimum dwelling unit size.
Animals.
Parking.
Signs.
Design review.
17.18.010. Purpose. The R-M-R District is intended to provide for the
development of extremely low density single family residences in accordance with
the General Plan designation of Mountainous (M). Residential development in the
R-M-R District is reserved primarily for those areas of the City that are marked by
steep slopes, rugged terrain, limited or no access, and limited public services and
utilities. A standard R-M-R District lot is a large rural estate lot that incorporates a
significant amount of permanent open space.
17.18.020. Permitted Uses. Uses permitted in the R-M-R District shall include
those uses listed below when developed in compliance with the purpose and intent
CITY COUNCIL ORDINANCE NO. 1220
PAGE 4 OF 13
of this Chapter 17.18. Each use shall be evaluated in terms of its design
characteristics and specific site location pursuant to the provisions of Chapter
17.82.
A. Accessory uses and structures pursuant to Section 17.18.040.
B. Agriculture/open space uses.
C. Alcoholism or drug abuse recovery or treatment facilities for six or
fewer people, subject to approval by the State Department of Social
Services, Community Care Licensing Division.
D. Facilities for six or fewer mentally disordered, handicapped, or
dependent or neglected children, subject to approval by the State
Department of Social Services, Community Care Licensing Division.
E. Government buildings and service facilities.
F. Granny flats.
G. Guest houses.
H. Manufactured houses in compliance with the provisions of Chapter
17.14.
I. Public libraries.
J. Public parks and/or playgrounds.
K. Public utility distribution and transmission facilities.
L. Residential care facilities for six or fewer elderly people, subject to
approval by the State Department of Social Services, Community
Care Licensing Division.
M. Secondary dwelling units.
N. Single-family detached dwelling units; one dwelling unit per lot.
CITY COUNCIL ORDINANCE NO. 1220
PAGE 5 OF 13
O. Small family day care homes, subject to approval by the State
Department of Social Services, Community Care Licensing Division.
P. Structures and installations necessary to the conservation and
development of water resources and! or the control of flooding.
Q. Temporary real estate tract offices.
17.18.030. Uses subject to a conditional use permit. Certain uses, while
similar in characteristics to Permitted Uses set forth in Section 17.18.020, may
have the potential to impact surrounding properties and therefore require additional
review, consideration, and approval by the City. The following uses shall be
permitted in the R-M-R District subject to the issuance of a conditional use permit:
A. Alcoholism or drug abuse recovery or treatment facilities for seven or
more people, subject to approval by the State Department of Social
Services, Community Care Licensing Division.
B. Archery ranges.
C. Bed and breakfast establishments.
D. Cemeteries.
E. Community centers and recreational buildings located on a site at least
one (1) acre in size.
F. Country clubs.
G. Day care centers.
H. Educational institutions.
1. Emergency shelters.
J. Facilities for seven to twelve mentally disordered, handicapped, or
dependent or neglected children people, subject to approval by the
State Department of Social Services, Community Care Licensing
Division.
CITY COUNCIL ORDINANCE NO. 1220
PAGE 6 OF 13
K. Fishing lakes.
L. Fruit and vegetable stands.
M. Golf courses and driving ranges.
N. Guest ranches.
O. Hunting clubs.
P. Keeping of exotic animals, as defined in Chapter 6.04.010 of the Lake
Elsinore Municipal Code, as pets only and not for commercial
purposes, so long as the exotic animal is kept on the same lot as a
permitted dwelling. Potentially dangerous or vicious exotic animals,
meaning any exotic animal that has bitten a person or animal without
provocation or that has a disposition or propensity to attack or bite any
person or animal, shall be prohibited. The Planning Commission shall
impose adequate limitations to assure that the residential character of
the property and neighborhood are maintained.
Q. Kennels.
R. Large family day care homes, subject to approval by the State
Department of Social Services, Community Care Licensing Division.
S. Nurseries and garden supply stores.
T. Preschools, elementary, middle, junior, and high schools located on a
site at least one (1) acre in size.
U. Public museums and art galleries (not for profit).
V. Recreational vehicle parks.
W. Religious institutions.
X. Residential care facilities for seven or more elderly people, subject to
approval by the State Department of Social Services, Community
Care Licensing Division.
CITY COUNCIL ORDINANCE NO. 1220
PAGE 7 OF 13
Y. Riding academies and commercial stables.
Z. Rifle, pistol, skeet or trapshooting ranges.
AA. Swimming, tennis, and polo clubs.
BB. Trailer and boat storage lots.
CC. Transitional housing.
17.18.040. Accessory uses. The following accessory buildings and uses may
be located on the same lot with a permitted dwelling, provided that they remain
clearly incidental and secondary to the primary permitted use, are found to be
compatible with the residential character of the neighborhood, and are harmonious
with the architectural style of the main building.
A. Uses:
1. Home occupations subject to the approval of a home occupation
application by the Planning Department in accordance with
Chapter 17.15.
2. Noncommercial hobbies.
3. Keeping of household pets, not to exceed six (6) weaned dogs
and/or cats, for non-commercial purposes. For the purpose of
this Chapter 17.18, a household pet is an animal clearly
considered customary to a residential use, e.g. dogs, cats, birds,
and fish. A household pet does not include livestock.
B. Types of Accessory Structures:
1. Group 1. Sheds, children's playhouses, and similar enclosures
of less than one hundred and twenty square feet (120 fe)
provided they do not exceed a maximum external height of six
and one-half feet (6 Y2 ft.) and that they do not encroach upon
setbacks required by Section 17.18.080.
CITY COUNCIL ORDINANCE NO. 1220
PAGE 8 OF 13
2. Group II. Unenclosed structures such as noncommercial
stables, corrals, and appurtenant facilities for the keeping of
animals, carports, gazebos, and patio covers (both trellis-type
and solid) as well as detached enclosed structures not included
in Group I but containing less than six hundred square feet (600
ft2) of floor area such as sheds, cabanas, children's playhouses,
and workshops, provided they do not exceed a maximum height
of fifteen feet (15 ft.) and do not encroach upon the setbacks
required by Section 17.18.080. Attached, enclosed structures in
this category, such as garages and enclosed patios, shall be
located no closer to a property line than the setback prescribed
for the main dwelling unit.
3. Group III. Garages, stables, enclosed patios, workshops,
cabanas, and similar enclosed structures containing 600 or more
square feet of floor area, provided they are located no closer
than twenty feet (20 ft.) to a public right-of-way or trail, and
that they do not encroach upon setbacks required by Section
17.18.080.
4. Group IV.
a. Antennas, satellite dishes, and similar devices which
comport with the provisions of Chapter 17.67.
b. Swimming pools, jacuzzis, spas, and associated
equipment provided that they are located only within rear
yard areas or the enclosed portion of a side yard and that
they do not encroach upon the setbacks required by
Section 17.18.080.
c. Trellis-type patio covers may be located in a front yard
area but shall not encroach upon the required front yard
setback set forth in Section 17.18.080.
CITY COUNCIL ORDINANCE NO. 1220
PAGE 9 OF 13
C. Accessory Structure Guidelines:
1. Access to Accessory Structures. Accessory structures or
architectural features shall be designed or constructed in a way
that will not obstruct access to any primary buildings.
2. Location of Accessory Structures. Accessory structures, except
for trellis-type patio covers, shall be located only in the rear and
interior side yards or within the allowable buildable area of the
R-M-R lot.
3. Height of Accessory Structures. Accessory structures shall not
exceed the maximum building height permitted in Section
17.18.100.
4. Separation. Accessory structures shall maintain a minimum
separation of at least three feet (3 ft.) from all other structures,
unless attached to the main structure. Except that storage and
utility structures that are larger than one hundred twenty square
feet (120 ft2) shall not be located within six feet (6 ft.) of
another structure. Eaves or roof overhangs may not extend
more than one foot (1 ft.) into this six foot (6 ft.) area from
either direction.
5. Setbacks. Accessory structures are prohibited from
encroaching upon the required setbacks set forth in Section
17.18.080. See Section 17.18.080 for setback standards.
17.18.050. Lot area. The minimum lot area for any new lot created in the R-
M-R District shall be ten (10) acres.
17.18.060. Street frontage width. The minimum street frontage width for any
new lot created in the R-M-R District shall be as follows:
A. Standard lots: One hundred sixty feet (160 ft.).
B. Cul-de-sac lots: Seventy feet (70 ft.) provided that the average width
is sixteen hundred feet (1600 ft.).
CITY COUNCIL ORDINANCE NO. 1220
PAGE 10 OF 13
17.18.070. Lot Dimensions. For all lots in the R-M-R zoning district, the
minimum lot frontage width at the front property line shall be fifty feet (50 ft.) and
the minimum width at the front yard set back area shall be one hundred feet (100
ft.).
17.18.080. Setbacks. The following minimum standards shall apply to all new
construction within the R-M-R District:
A. Front yard: Forty feet (40 ft.).
B. Side yard:
1. Main dwelling unit: Adjacent to an interior lot line there shall
be a minimum side yard of thirty feet (30 ft.). Adjacent to a
public right-of-way, the minimum side yard shall be forty feet
(40 ft.).
2. Accessory structures: In the rear one half of the lot the setbacks
for an accessory structure shall be the same as required for the
main dwelling unit with the exception that if a straight-in entry
garage gains access via the side yard, the setback shall be
twenty-two feet (22 ft.).
C. Rear yard:
1. Main dwelling unit: Fifty feet (50 ft.)
2. Accessory structures: As specified in Section 17.18.040, with
the exception that where straight-in entry garage gains access
via the rear yard, the setback shall be twenty-two feet (22 ft.).
17.18.090. Lot coverage. The maximum permitted lot coverage in the R-M-
R District shall be ten percent (10%), except that the maximum permitted lot
coverage may be increased to no more than twenty (20%) subject to issuance of a
conditional use permit.
CITY COUNCIL ORDINANCE NO. 1220
PAGE 11 OF 13
17.18.100. Building height. Except as otherwise provided for accessory
structures, the maximum building height in the R-M-R District shall be thirty feet
(30 ft.).
17.18.110. Minimum dwelling unit size. The minimum dwelling unit size
within the R-M-R District shall be one thousand four hundred square feet (1400
ft2), exclusive of garage area.
17.18.120. Animals. The minimum lot area required to maintain animals
pursuant to 17.18.040 shall be one (1) net acre.
17.18.130. Parking. The provisions of Chapter 17.66 shall be used to
determine the required parking for development in the R-M-R District.
17.18.140. Signs. The provisions of Chapter 17.94 shall be used to guide
the use of signs in the R-M-R District.17.18.150. Design review. No building
permits shall be issued for the construction of any building or structure in the R-M-
R District unless and until such time that the Planning Commission and/or the City
Council review and approve the design of the building or structure in accordance
with Chapter 17.82.
SECTION 5. Based upon the above findings, the Staff Report, and
documentary and oral testimony presented, the City Council hereby approves
Ordinance No. 1220, adding Chapter 17.18 to the Lake Elsinore Municipal Code.
SECTION 6. 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 7. EFFECTIVE DATE. This Ordinance shall take effect thirty
(30) days after the date of its final passage. The Interim 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.
CITY COUNCIL ORDINANCE NO. 1220
PAGE 12 OF 13
INTRODUCED AND APPROVED UPON FIRST READING this 24th
day of April 2007, by the following vote:
AYES:
COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
COUNCILMEMBERS: NONE
NOES:
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING
this 8th day of May, 2007, upon the following roll call vote:
AYES:
COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BUCKLEY
ABSTAIN: COUNCILMEMBERS:
A1ST:
l i/CM[(v ~
Michelle Soto, Interim City Clerk
City of Lake Elsinore
CITY COUNCIL ORDINANCE NO. 1220
PAGE 13 OF 13
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore