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HomeMy WebLinkAbout0003_1_Ord 2016-1350 ORDINANCE NO. 2016-1350 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 5, CHAPTERS 17.148 AND 17.200, OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING REGULATION OF PARKING REQUIREMENTS AND TEMPORARY USES WHEREAS, Chapter 17.148 (Parking Requirements) of the Lake Elsinore Municipal Code (“LEMC”) sets forth the requirements of parking spaces to be provided for specific uses within the City; and WHEREAS, Chapter 17.148 (Temporary Uses) of the Lake Elsinore Municipal Code (“LEMC”) sets forth the regulation of Temporary Uses within the City; and WHEREAS, pursuant to Title 14 of the California Code of Regulations, Section 15061(b) (3), the City of Lake Elsinore has determined that it can be seen with certainty that there is no possibility that adoption of Municipal Code Amendment No. 2016-01 may have a significant effect on the environment; and therefore the zoning code amendment is exempt from CEQA; and WHEREAS, on January 19, 2016, at a duly noticed public hearing the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item; and made its recommendation in favor of Municipal Code Amendment No. 2016-01 by adopting Planning Commission Resolution No. 2016-10 recommending to the City Council approval of Municipal Code Amendment No. 2016-01; and WHEREAS, on February 9, 2016, at a duly noticed public hearing, the City Council has considered the recommendation of the Planning Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council has reviewed and analyzed the proposed zone changes pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §65000 et seq.), the Lake Elsinore General Plan and the Lake Elsinore Municipal Code and finds and determines that the proposed zone changes are consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the Lake Elsinore General Plan and the Lake Elsinore Municipal Code. SECTION 2. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) CITY COUNCIL ORDINANCE NO. 2016-1350 PAGE 2 OF 7 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectl y. Therefore, no environmental assessment is required or necessary. SECTION 3. That in accordance with the State Planning and Zoning Law, the City Council hereby makes the following findings for the approval of Municipal Code Amendment No. 2016-01: 1. The proposed zoning code amendments will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed zoning code amendments have been analyzed relative to their potential to have detrimental effects and it has been determined that the proposed amendments have no negative impact upon the public’s health, safety, comfort and general welfare because the amendments will provide additional regulation of parking requirements and temporary uses within the City. 2. The proposed zoning code amendments are consistent with the Goals, Policies and Implementation Programs of the General Plan and the development standards established with the LEMC. The proposed zoning code amendments do not create new zoning districts, remove existing zoning districts or otherwise modify land use requirements. The proposed zoning code amendments do not affect the density or intensity of uses and will not interfere with the implementation of the goals, policies and implementation programs of the General Plan. SECTION 4. Chapter 17.148 of the Lake Elsinore Municipal Code Regulation of Parking Requirements is hereby amended to read as follows: Chapter 17.148 PARKING REQUIREMENTS Sec. 17.148.030 Number of parking spaces required. (C.1. through 2.i. shall become “D” and the remaining subsections shall be renumbered) D. Parking Study. A request to reduce the number of required parking spaces may be made to the Planning Commission concurrent with the design review of a commercial or industrial project or with a proposed change of use within a commercial or industrial building when the applicant determines that the actual number of needed parking spaces is less than that required by the Code. A request for a parking determination will be by an established fee and will require a separate application. CITY COUNCIL ORDINANCE NO. 2016-1350 PAGE 3 OF 7 1. In order for the Planning Commission to grant a parking determination, findings shall be made. Said findings may include but shall not be limited to the following: a. A parking study supports the finding that the number of parking spaces actually needed for a development and/or use is less than that required by the code. b. Adequate off-street parking will be provided for the proposed use. c. Traffic safety and pedestrian safety will not be affected by the modification of the parking requirements. d. Reduced parking will not affect the health, safety and welfare of the public. e. Alternative transportation programs exist such as ride sharing, mass transit, etc., that reduce the actual number of parking spaces needed. f. Only a predetermined portion of the building on the parcel is to be occupied. g. Sufficient area exists on site for expansion of the parking area should the occupancy or use of the structure change. h. That space that would otherwise be dedicated for parking could be utilized for a purpose that enhances the project. i. The parking determination has been conditioned to ensure compliance with the findings and the intent of subsections (C)(1) and (2) of this section this chapter and to ensure that additional parking spaces will be provided per code requirements should demand for parking increase on site. 2. A parking determination granting reduced parking requirements may be revoked at any time if there is evidence of insufficient on-site parking, i.e., “spill over” parking onto a public right-of-way or onto an adjacent lot. Upon revocation of a parking determination approval the applicant will be required to submit a new application for a parking determination or provide on-site parking per code requirements. SECTION 5. Chapter 17.200 of the Lake Elsinore Municipal Code Regulation of Temporary Uses hereby amended to read as follows: Chapter 17.200 TEMPORARY USES Sec. 17.200.010 Purpose This chapter is intended to provide for the regulation and control of temporary uses that occur on private property and public property with a valid licensing agreement with CITY COUNCIL ORDINANCE NO. 2016-1350 PAGE 4 OF 7 the City, which are not otherwise permitted or regulated by this title, in order to protect the public health, safety and general welfare. Sec. 17.200.030 Categories A. Amount of time required for submittal of Must be submitted a an application for review prior to the minimum of 2 working occurrence days three weeks prior to the occurrence Restrictions regarding the status of the Must be conducted on property private property or on public property with a valid written agreement with the City, and shall not be located on vacant property. The pro- posed use shall be an extension of, and associated with, an existing building and/or center. Temporary uses within this category may also be sponsored and conducted by a nonprofit or existing community organization B. Amount of time required for submittal of Must be submitted a an application for review prior to the minimum of 4 weeks occurrence (20 working days) three weeks prior to the occurrence Restrictions regarding the status of the Must be conducted on property private property or on public property with a written agreement with the City. May be allowed on vacant property with the written permission of the property owner C. Amount of time required for submittal of Must be submitted a CITY COUNCIL ORDINANCE NO. 2016-1350 PAGE 5 OF 7 an application for review prior to the minimum of 6 weeks occurrence (30 working days) three weeks prior to the occurrence Restrictions regarding the status of the Must be conducted on property private property or on public property with a valid written ing agreement with the City. May be allowed on vacant property with the written permission of the property owner D. Recreational Temporary Use Permit. Recreational temporary uses are subject to the following restrictions: Number of people expected to attend Less than 100 (if more than the occurrence at any one given time 100 people expected at one time, this would be consider- ed a special event which is governed by Chapter 5.108 LEMC) Duration From May 1st through Octo- ber 31st, with a maximum of three additional one month Extensions. Frequency of occurrences per year Recreational temporary uses Shall not be granted for occurrences held more frequently than once a year. Restrictions with respect to the amount of Not applicable time between occurrences Approving body Community Development Director Amount of time required for submittal of Must be submitted a mini- an application for review prior to the mum of three weeks occurrence prior to the occurrence Restrictions regarding the status of the Must be conducted on private property or public CITY COUNCIL ORDINANCE NO. 2016-1350 PAGE 6 OF 7 property with a valid written agreement Zoning required for the property where All recreational districts the occurrence is to take place and those sites that are contiguous to recreational districts zoned commercial or industrial and the Lakeshore District. Types of permitted uses anticipated within Uses that are recreation- this category oriented, i.e., jet ski rentals, boat rentals, etc. Sec. 17.200.040 Application and fees. E. If the site is on public property, a copy of the executed licensing agreement with the City. Sec. 17.200.060 Standards of operation. I. Sales of Goods and Services. 5. Written agreement with the City of Lake Elsinore. SECTION 6. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional. SECTION 7. 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. CITY COUNCIL ORDINANCE NO. 2016-1350 PAGE 7 OF 7 INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 9th day of February, 2016, and ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 23rd day of February, 2016. ____________________________________ Mayor Brian Tisdale City of Lake Elsinore City Council ATTEST: ______________________________ Susan Domen, MMC, City Clerk APPROVED AS TO FORM: _____________________________ Barbara Zeid Leibold, City Attorney