HomeMy WebLinkAboutOrd. No. 2007-1233
ORDINANCE NO. 1233
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA DELETING AND
RESERVING CHAPTER 17.06 OF THE LAKE ELSINORE
MUNICIPAL CODE REGARDING THE RESOURCE
CONSERVATION OVERLAY DISTRICT
WHEREAS, Section 17.06.010 establishes the Resource Conservation
Overlay District, the purpose of which is to provide for the preservation and
conservation of various natural resources in order to satisfy immediate and long-term
public and private objectives; and
WHEREAS, the City Council recently added Chapter 17.61 to the Lake
Elsinore Municipal Code establishing the M-3 Mineral Resources and Related
Manufacturing District, the purpose of which is to accommodate mineral resource
extraction and related manufacturing specifically to expand both the economic base of
the City and employment opportunities; and
WHEREAS, addition of the new Chapter 17.61 rendered the terms of
Chapter 17.06 superfluous and unnecessary because Chapter 17.61 more thoroughly
outlines the application process and the regulations regarding treatment and extraction
of natural resources within the City's limits; and
WHEREAS, the City Council wishes to delete Chapter 17.06 and reserve
that Chapter for possible future overlay zones; and
WHEREAS, pursuant to Section 15063 of the State Guidelines for
Implementation of the California Environmental Quality Act (Title 14, California Code of
Regulations, Sections 15000 et seq.: "CEQA Guidelines"), the City, as lead agency,
prepared an Initial Study to determine if the proposed text amendment may have a
significant effect on the environment; and
WHEREAS, the results of the Initial Study revealed that the proposed text
amendment would not have a significant effect on the environment and the City
therefore prepared a. Negative Declaration in accordance with the requirements of
Section 15070 of the CEQA Guidelines; and
WHEREAS, the Planning Commission considered both oral and written
evidence regarding the proposed text amendment at a noticed public hearing on
October 16, 2007, and by a unanimous vote recommended that the City Council
approve the proposed text amendment; and
WHEREAS, at its regularly scheduled meeting on October 23, 2007, the
City Council held a public hearing and considered the proposed text amendment, the
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Planning Commission's recommendation, and oral and written testimony presented with
regard to the proposed text amendment.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby finds and determines that based
upon the results of the Initial Study and all of the evidence in the record that the
proposed text amendment will not have a significant effect on the environment.
Moreover, the City Council hereby finds and determines that the Negative Declaration is
complete and acceptable and contains all of the information required by the California
Environmental Quality Act (Cal. Pub. Resources Code Sections 21000 et seq.:
uCEQAU) and theCEQA Guidelines. The Negative Declaration was properly circulated
for public review and comment in accordance with CEQA Guidelines Sections 15073
and 15105. The City Council hereby adopts the Negative Declaration.
SECTION 2. The City Council makes the following findings for approval
of the proposed text amendment:
A. The proposed text amendment will not be detrimental to the health, safety,
comfort, or the general welfare of the persons working or residing within
the City. The deletion of Chapter 17.06 of the Lake Elsinore Municipal
Code will not result in new rules or regulations and will not result in the
removal of important existing rules or regulations. The City Council
approved an M-3 zoning designation which created a specific zone related
to mineral resource uses. The M-3 zoning designation addresses all of
the issues that were addressed in Chapter 17.06. Chapter 17.61 renders
Chapter 17.06 unnecessary and superfluous.
B. The proposed text amendment will not be injurious to property or
improvements within the City as the proposed revision and modification is
an overall beneficial enhancement to development in the City. The
amendment clarifies inconsistencies in the Lake Elsinore Municipal Code.
C. The proposed text amendment is consistent with the General Plan,
Community Design Element, and serves as an important link between the
City's built and natural environments.
SECTION 3. ThatChapter 17.06 shall be deleted from the Lake Elsinore
Municipal Code and shall be reserved for future use.
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.
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SECTION 5. EFFECTIVE DATE. 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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, on t~i:'~0~. da~ 7; 2007.
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ROBERT E. MAGEE
MAYOR
A TJEST:
V~ LL
VIVIAN M. MUNSON
CITY CLERK
APPROVED AS TO FORM:
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BARBARA ZEID LEIBOLD
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
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I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that the foregoing Ordinance No. 1233 was introduced at a regular
meeting of the City Council of the City of Lake Elsinore on the 23rd day of October 2007,
and was finally passed at a regular meeting of the City Council of the City of Lake
Elsinore held on the 13th day of November ,2007, by the following roll call vote:
AYES:
Mayor Magee, Mayor Pro Tem Hickman, Councilmember Buckley,
Councilmember Kelley, Councilmember Schiffner
NOES:
None
ABSENT: None
ABSTAIN: None
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VIVIAN M. MUNSON
CITY CLERK
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