HomeMy WebLinkAboutOrd. No. 2007-1224
ORDINANCE NO. 1224
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.,
AND 17.60.100 C. 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.,
17.54.090 C., 17.56.100 C., and 17.60.100 C. of the lake Elsinore Municipal Code
require that all commercial and industrial building sites have a minimum landscaped
coverage equivalent to twenty percent (20%) of the total lot area; and
WHEREAS, the City Council wishes to 1) decrease the minimum landscaped
coverage in commercial zones to fifteen percent (15%) and 2) decrease the minimum
landscaped coverage in industrial zones to twelve percent (12%) (the "Project"); and
WHEREAS, pursuant to Section 15070 of the CEQA Guidelines (14 C.C.R. 99
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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds and determines that based on the Negative
Declaration the proposed Text Amendments will not have a significant impact on the
environment and hereby adopts the Negative Declaration.
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 health, safety,
comfort, or the general welfare of the persons working or residing within the
City. These revisions increase the viability of commercial and industrial
development while maintaining a fair level of landscaping and will maintain
the overall visual character and quality of the City.
B. The proposed text amendments will not be injurious to property or
improvements within the City as the proposed revisions and modifications are
an overall beneficial enhancement to development in the City. The
amendments apply only to new development.
C. The proposed text amendments are consistent with the General Plan and
Community Design Element and serve as an important link between the City's
built environment and the natural environment. The new ratios for required
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landscaping will continue to provide visual relief, cleaner air, and screens or
buffers. Well-planned and maintained landscaping serves to increase
property value and increases the aesthetic value to the community. The
landscaping percentages are consistent with those found in the surrounding
communities.
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:
17.40.080 C. Generally: All building sites shall have a minimum landscaped
coverage equivalent to fifteen percent (15%) 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 fifteen percent (15%) 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.
17.48.080 C. Generally: All building sites shall have a minimum landscaped
coverage equivalent to fifteen percent (15%) 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 fifteen percent (15%) 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
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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 twelve percent (12%) 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 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 twelve percent (12%) 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 twelve percent (12%) 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.
SECTION 4. 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 5. 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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore, California, on this 26th day of J ne 2007:
TE'.
MAYOR
CITY OF LAKE E
ATTEST:
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MICHELLE SOTO
INTERIM CITY CLERK
APPROVED AS TO FORM:
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BA BARA ZEID LEIBOLD
CITY ATTORNEY
CITY OF LAKE ELSINORE
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STATE OF CALIFORNIA )
COUNTY OF RIVERSUDE )ss.
CITY OF LAKE ELSINORE )
I, MICHELLE SOTO, Interim City Clerk of the City of Lake Elsinore, California,
hereby certify that the foregoing Ordinance No. 1224 was introduced at a
regular meeting of the City Council of the City of Lake Elsinore on the 12th day
of June 2007, and was finally passed at a regular meeting of the City Council of the City
of Lake Elsinore held on the 26th day of June 2007, by the following roll call vote:
AYES: MAYOR ROBERT E. MAGEE
MAYOR PRO TEM DARYL HICKMAN
COUNCILMEMBER THOMAS BUCKLEY
COUNCILMEMBER GENIE KELLEY
COUNCILMEMBER ROBERT SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
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CHELLE SOTO
INTERIM CITY CLERK
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