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HomeMy WebLinkAboutOrd. No. 2007-1234 ORDINANCE NO. 1234 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA AMENDING AND RESTATING SECTION 17.35.020 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING RESIDENTIAL USES IN OPEN SPACE DISTRICTS WHEREAS, Chapter 17.35 of the Lake Elsinore Municipal Code sets forth zoning standards for the Open Space District; and WHEREAS, pursuant to Section 17.35.010, land is designated as Open Space if (1) the land is not suitable for residential or other intensive use for the reason that such uses may endanger the health, safety, and welfare of persons due to flooding, fire or erosion, and/or (2) the land is suitable to allow citizens to pursue recreational activities; and WHEREAS, Section 17.35.020(A)(4) permits the development of one single family dwelling unit per ten acres of land on property zoned as Open Space if the single family dwelling unit is used in conjunction with agricultural uses; and - WHEREAS, Section 17.35.020(A)(4) directly contradicts the underlying purpose of the Open Space District which says that residential land uses are not suitable in areas zoned Open Space; and WHEREAS, very low density residential land uses (Le., one dwelling unit per ten acres) are permitted in those areas throughout the City which have a Rural Mountainous General Plan Land Use designation and which are zoned as Rural- Mountainous-Residential; and WHEREAS, the City Council wishes to delete Section 17.35.020(A)(4) from the Lake Elsinore Municipal Code because it is inconsistent with the purpose and intent of the Open Space District and because the Rural'-Mountainous-Residential zone provides opportunity for land owners to develop their property at one dwelling unit per ten acres; 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 1 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 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.: "CEQA") and the CEQA 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. purpose of the text amendment is to delete Section 17.35.020(A)(4) from the Lake Elsinore Municipal Code because it is inconsistent with the purpose and intent of the Open Space District. This revision will ensure the protection of the health, safety, comfort and general welfare of persons working and/or residing in Lake Elsinore by prohibiting residential uses in areas where human habitation is dangerous. B. The proposed text amendment will not be injurious to property or improvements within the City as the proposed revisions and modifications are an overall beneficial enhancement to the Open Space Districts throughoutthe City. C. The proposed text amendments are consistent with the General Plan, Community Design Element, and serve as an important link between the City's built environment and the natural environment. 2 SECTION 3. That Section 17.35.020(A) of the Lake Elsinore Municipal Code shall be amended and restated as follows: A. No building or land shall be used, and no building or structure shall be designed, erected, structurally altered or enlarged except for the following purposes: 1. Drainage channels, watercourse, spreading grounds, settling basins, freeways, parkways, park drives; 2. Privately owned or public recreational areas, parks, playgrounds, wildlife preserves, and such buildings and structures as are related thereto, but permitting no commercial uses; 3. Agricultural uses provided an agreement between the City and the land owner can be made which will allow him to operate under the Califdrnia Land Conservation Act; 4. Single fnmily dwellings whon used in conjunction with 3gricultur31 US08 3110wing not moro th3n one (1) dwelling unit for evory ton (10) 3cres of 13nd; 504. Similar uses to those listed in this section, which in the opinion of Planning Commission, would not be detrimental or incompatible with the intent and purpose, as set forth in this Chapter. 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 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. 3 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this/~,:/.d a of November ,2007. /// Y1', ROBERT E.MA MAYOR ;rSTL. L~ VIVIAN M. MUNSON CITY CLERK APPROVED AS TO FORM: ~~~ BA BARA ZEID LEIBOLD CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSUDE )ss. CITY OF LAKE ELSINORE ) 4 /, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1234 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 Nnvpmner ,2007, by the following roll call vote: AYES: Mayor Magee, Mayor Pro Tern Hickman, Councilmember Buckley, Councilmember Kelley, Councilmember Schiffner NOES: None ABSENT: None ABSTAIN: None LLL~ VIVIAN M. MUNSON CITY CLERK 5