HomeMy WebLinkAboutOrd. No. 2008-1255
ORDINANCE NO. 1255
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AMENDING CHAPTER 17.82 OF THE
LAKE ELSINORE MUNICIPAL CODE REGARDING TIME
EXTENSIONS FOR DESIGN REVIEW APPROVALS
WHEREAS, the Planning and Zoning Law authorizes the legislative body
of a city to adopt ordinances that, among other things, regulate the use of buildings,
structures, and land as between industry, business, residences, and open space; and
WHEREAS, the C.ity of Lake Elsinore wishes to provide clear standards
for the establishment and implementation of time extensions and expirations for Design
Review approvals which can be applied throughout the City of Lake Elsinore; and
WHEREAS, based on evidence presented by the Community
Development Department and other interested parties at a duly noticed public hearing
on May 20, 2008, the Planning Commission recommended that the City Council
approve the ordinance adopting modifications to Chapter 17.82 of the Lake Elsinore
Municipal Code regclrding time extensions for design review approvals; and
WHER.EAS, at a duly noticed public hearing, held on June 24, 2008, the
City Council considered the Planning Commission's recommendation and evidence
presented by the Community Development Department and other interested parties
regarding the proposed Text Amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS:
Section 1. That Section 17.82.110 of the Lake Elsinore Municipal Code
be amended as follows (additions in underline; deletions in strikethrough):
Section 17.82.110. Lapse of Design Review approval and Time Extensions.
A. A Design Review approval shall lapse and become void one (1) two (2) year~
following the date on which the Design Review became effective, unless one of the
followinq: (1) prior to the expiration of two (2) year~, a building permit related to the
Design Review is issued and construction commenced and diligently pursued toward
completion, or (2) prior to the expiration of two (2) years. the applicant has applied for
and has been qranted an extension of the Desiqn Review approval pursuant to
subsections Band C. Notwithstanding conditions to the contrary, a Design Review
granted pursuant to this Chapter shall run with the land for this two (2) year period,
subiect to any approved extensions. and shall continue to be valid upon a change of
ownership ofthe site which was the subject of the Design Review application.
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B. The expiration date of an approved DesiQn Review may be extended for no more
than two (2) years. The first extension may be Qranted for one (1) year subiect to
the approval of the Community Development Director atter consultation with
other city departments if such DesiQn Review complies with current law.
standards and policies. The second one (1) year extension may be qranted by
the approvinq body (Le. City Council. Planninq Commission) that approved the
underlyinQ Desiqn Review so lonq as the DesiQn Review complies with current
law. standards and policies.
C. Application for extensions of time shall be filed prior to the expiration of the initial
DesiQn Review approval and accompanied by a fee in an amount as established
by resolution of the City Council.
D. Any Desiqn Heyiew approval qranted on or atter July 1. 2007. UP to the effective
date of this ordinance. shall lapse and become void two (2) years followinq the
date on which the DesiQn Review became effective. unless one of the exceptions
set forth in subparaqraph A is satisfied. then. in which case. the life of the Desiqn
Review shall be extended in accordance with subparaQraphs Band C.
SECTION 2. 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 3. 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 OrdinancB 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 this 8th day of July
2008.
L:
L. L~~
VIVIAN M. MUNSON
CITY CLERK
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APPROVED AS TO FORM:
~-~
BARBARA ZEID LEIBOLD
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that the foregoing Ordinance No. 1255 was introduced at a regular meeting
of the City Council of the City of Lake Elsinore on the '12,4!th' day of June 2008,
and was finally passed at a regular meeting of the City Council of the City of Lake
Elsinore held on the 8th day of July 2008 by the following roll call vote:
AYES: Mayor Daryl Hickman, Mayor Pro Tern Genie Kelley,
Councilmembers Robert E. Magee and Robert Schiffner
NOES: Councilman Thomas Buckley
ABSENT: None
ABSTAIN: None
(LL
VIVIAN M. MUNSON
CITY CLERK
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