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HomeMy WebLinkAbout14-067 2nd Reading and Adoption of Ordinance 2014-1324CITY OF j i/�`c� LAKE LSnoE DREAM F-X_fR£ML_ REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: VIRGINIA J. BLOOM, CITY CLERK DATE: APRIL 8, 2014 SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2014-1324 Recommendation It is recommended that the City Council waive further reading and adopt by title only ORDINANCE NO. 2014-1324, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONING CODE AMENDMENT NO. 2014-01 AND ZONING CODE AMENDMENT NO. 2014-02 AMENDING CHAPTER 17.168 OF THE LAKE ELSINORE MUNICIPAL CODE, by roll - call vote. rlicrtriccinn The above -referenced Ordinance was introduced at the regular Council meeting of March 25, 2014, relating to two different Zone Code Amendments. It is now being presented for second reading and adoption by title only. Prepared by: Virginia J. Bloom, City Clerk\ Approved by: Grant Yates, City Manager Attachment: Ordinance No. 2013-1324 ORDINANCE NO. 2014-1324 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONING CODE AMENDMENT NO. 2014-01 AND ZONING CODE AMENDMENT NO. 2014-02 AMENDING CHAPTER 17.168 OF THE LAKE ELSINORE MUNICIPAL CODE. WHEREAS, Chapter 17.168 (Conditional Use Permits) of the Lake Elsinore Municipal Code ("LEMC") sets forth various procedures and regulations regarding the processing and approval of Conditional Use Permits within the City; and WHEREAS, it is in the City of Lake Elsinore's interest to eliminate procedural impediments to the development of commercial, industrial and residential projects within the City of Lake Elsinore; and WHEREAS, it is also in the City of Lake Elsinore's interest to clearly explain the specific conditions under which a previously approved conditional use permit may be suspended or revoked and the due process procedures required for the Planning Commission to take such action: and WHEREAS, many development proposals require the approval of both a Conditional Use Permit application in accordance with Chapter 17.168 of the LEMC and a Design Review application in accordance with Chapter 17.184 of the LEMC; and WHEREAS, LEMC Section 17.168.080 states that a Conditional Use Permit lapses and becomes void one year from its effective date unless a building permit is issued and construction commenced; although LEMC Section 17.184.120 allows two years with up to two one-year extensions of time within which to obtain a building permit and begin construction pursuant to a Design Review approval; and WHEREAS, it has been determined that unless a Conditional Use Permit approval lapses and becomes void pursuant to LEMC Section 17.168.080 that said approval remains in effect indefinitely unless revoked at a public hearing; and that LEMC Section 17.168.050 inaccurately states that a Conditional Use Permit "may be granted for a limited time period"; and WHEREAS, the Community Development Department of the City of Lake Elsinore initiated Zoning Code Amendment No. 2014-01 to amend LEMC Section 17.168.080 in order to enable Conditional Use Permit approvals to remain valid for the same period afforded Design Review approval and to correct LEMC Section 17.168.050; and WHEREAS, LEMC Section 17.168.110 states that upon violation of any applicable provisions of LEMC Chapter 17.168 or failure to comply with any applied conditions of approval, a conditional use permit shall be suspended by the Planning Commission in accordance with the procedures set forth in Section 17.168.110; and ORDINANCE NO. 2014-1324 PAGE 2 of 9 WHEREAS, at the Planning Commission's request, the Community Development Department of the City of Lake Elsinore initiated Zoning Code Amendment No. 2014-02 to amend LEMC Chapter 17.168 provisions regarding the suspension or revocation of conditional use permit approvals; and WHEREAS, Resolution No. 2004-11 of the City of Lake Elsinore, which establishes procedures and requirements for implementation of the Western Riverside County Multiple Species Habitat Conservation Plan, specifically exempts the adoption or amendment of any land use or zoning ordinance in Section IV — Exemptions: 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 Zoning Code Amendment No. 2014-01 and Zoning Code Amendment No. 2014-02 may have a significant effect on the environment; and therefore the zoning code amendment is exempt from CEQA; and WHEREAS, on January 21, 2014 at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item; and made its recommendation in favor of Zoning Code Amendment No. 2014-01 by adopting Planning Commission Resolution No. 2014-01 recommending to the City Council approval of Zoning Code Amendment No. 2014-01; and WHEREAS, on February 4, 2014 at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item; and made its recommendation in favor of Zoning Code Amendment No. 2014-02 by adopting Planning Commission Resolution No. 2014-02 recommending to the City Council approval of Zoning Code Amendment No. 2014-02; and WHEREAS, on March 11, 2014 at a duly noticed public hearing, the City Council has considered the recommendations 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, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council has reviewed and analyzed the proposed zoning code amendments 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 amendments 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 LEMC. ORDINANCE NO. 2014-1324 PAGE 3 of 9 SECTION 2. The City Council hereby finds and determines that Zoning Code Amendment No. 2014-01 and Zoning Code Amendment No. 2014-02 are exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq.: "CEQA") and the Guidelines for Implementation of CEQA (14 California Code of Regulations §§ 15000 et seq.: "State CEQA Guidelines") pursuant to Section 15061(b)(3) of the State CEQA Guidelines. Specifically, the Planning Commission finds that there is no possibility that adoption of Zoning Code Amendment No. 2014-01 and Zoning Code Amendment No. 2014-02 may have a significant effect on the environment. SECTION 3. That in accordance with the State Planning and Zoning Law, the City Council hereby makes the following findings for the approval of Zoning Code Amendment No. 2014-01 and Zoning Code Amendment No. 2014-02: 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 C ity. 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 impact upon the public's health, safety, comfort and general welfare because the amendments will provide consistency within the City's zoning code and will not change the approval process and related noticing requirements for Conditional Use Permits 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 are procedural in nature and 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. Based upon the evidence presented, both written and testimonial and such other matters as reflected in the record, and the above findings, the City Council hereby approves Zoning Code Amendment No. 2014-01 and Zoning Code Amendment No. 2014-02; making the amendments to Chapter 17.168 (Conditional Use Permits) of the Lake Elsinore Municipal Code attached hereto as Exhibit "A" ORDINANCE NO. 2014-1324 PAGE 4 of 9 SECTION 5. 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 thereby declared to be severable. SECTION 6. 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 INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 25th day of March, 2014, and adopted at a regular meeting of the City Council of the City of Lake Elsinore, California on the 8th day of April, 2014. Natasha Johnson, Mayor ATTEST: Virginia J. Bloom, City Clerk APPROVED AS TO FORM: Barbara Leibold City Attorney ORDINANCE NO. 2014-1324 PAGE 5 of 9 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF LAKE ELSINORE ) I, VIRGINIA J. BLOOM, City Clerk of the City of Lake Elsinore, California, hereby certify that Ordinance No. 2014-1324 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 25th day of March, 2014, and adopted at the regular City Council meeting of April 8th, 2014, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Virginia J. Bloom, CMC City Clerk ORDINANCE NO. 2014-1324 PAGE 6 of 9 EXHIBIT A The following amendments to Chapter 17.168 (Conditional Use Permits) of the Lake Elsinore Municipal Code, which amend Sections 17.186.050 (Action of the Planning Commission) and 17.168.080 (Lapse of conditional use permit), 17.168.090 (Preexisting conditional uses), 17.186.110 (Suspension and revocation) and 17.168.130 (Use permit to run with the land), is the currently adopted text with strikethrough text being deleted and underlined text being added. 17.168.050 Action of the Planning Commission. The Commission may grant a conditional use permit as the permit was applied for or in modified form, or the application may be denied. A conditional use permit may be gr-arAed-fer--a limited time pefio�n' may be granted subject to such conditions as the Commission may prescribe. Conditions may include, but are not limited to, payment of fees; requirements for special yards, open spaces, buffers, fences and walls; requiring installation and maintenance of landscaping; street dedications and general infrastructure improvements; regulations of points of vehicular ingress and egress; control of traffic circulation; regulation of signs; regulations of hours of operation and methods of operation; limitations on attendance; control of potential nuisances; prescribing standards of maintenance of buildings and grounds; phasing; development standards; and such other conditions as the Commission may deem necessary to ensure compatibility of the use with surrounding development and preserve the public health, safety and welfare. [Ord. 772 § 17.74.050, 1986. Code 1987 § 17.74.050]. 17.168.080 Lapse of conditional use permit A__.e rlt -.I use ______'t shall lapse and shall become , d one year fGlk)Win� date on w 1vh4h ccyo N.iT.'t became .ff' unless, .... to the expiration of one- year, nr a building -permit is issued and n-0 n +yam d toward Gem h 4v h' h u _c fho &ub eGt of the us perm ncu n. A A conditional use permit approval shall lapse and become void two years following the date on which the conditional use permit became effective unless one of the following: (1) prior to the expiration of two years a building permit related to the conditional use permit is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years the applicant has applied for and has been granted an extension of the conditional use permit approval pursuant to subsections (B) and (C) of this section. B The expiration date of an approved conditional use permit may be extended for no more than two years The first extension may be granted for one year subiect to the approval of the Community Development Director after consultation with other City departments if such conditional use permit complies with current laws standards and policies The second one-year extension may be granted by the Planning Commission so long as the conditional use permit complies with current laws standards and policies. ORDINANCE NO. 2014-1324 PAGE 7 of 9 C Application for extensions of time shall be filed prior to the expiration of the conditional use permit approval and shall be accompanied by a fee in an amount as established by resolution of the City Council. D Any conditional use permit approval granted on or after May 8 2013 up to the effective date of the ordinance codified in this section shall lapse and become void two years following the date on which the conditional use permit became effective unless one of the exceptions set forth in subsection (A) of this section is satisfied then, in which case the life of the conditional use permit shall be extended in accordance with subsections (B) and (C) of this section. [Ord. 772 § 17.74.080, 1986. Code 1987 § 17.74.080]. 17.168.090 Preexisting conditional uses. A conditional use legally established prior to the effective date of the ordinance codified in this chapter, or prior to the effective date of subsequent amendments to the regulations of zone boundaries, shall be permitted to continue; provided, that it is operated and maintained in accord with the conditions prescribed at the time of its establishment and except as provided in Section 17.168.110. Any alteration or expansion of a preexisting conditional use shall be permitted only upon the granting of a use permit as prescribed in this section. [Ord. 772 § 17.74.090, 1986. Code 1987 § 17.74.090]. 17.168.100 Modification of conditional use permit. An application for modification, expansion or other change in a conditional use permit shall be reviewed according to the provisions of this chapter in a similar manner as a new application. [Ord. 772 § 17.74.100, 1986. Code 1987 § 17.74.100]. 17.168.110 Suspension and revocation. A_k�pon v+etatie+��# lest-te conditions, upon failure to GeMply with GoRditions,-a A conditional use permit shall may be suspended as --follows or revoked by the Planning Commission pursuant to the provisions of this section on any of the following grounds: 1 Approval of the conditional use permit was obtained through misrepresentation or fraud. 2. That the use is being conducted in violation of the terms and conditions of the permit or in violation of any applicable licenses permits regulations laws or ordinances. 3 Circumstances under which the conditional use permit was approved have changed such that the use has become detrimental to the public health safety, or welfare or the manner of operation constitutes or is creating a public nuisance. The ORDINANCE NO. 2014-1324 PAGE 8 of 9 provisions of Chapter 17.168 and the approval of a conditional use permit pursuant thereto shall not authorize the maintenance of any public nuisance. 4 That the use for which the permit was granted has ceased or has been suspended for one year or more. B Prior to any suspension revocation or modification of a conditional use permit the Planning Commission shall hold a public hearing. The hearing shall be preceded by notice given in the same manner as was required to be given for consideration of issuance of the conditional use permit. C. he Planning (`nssionnsrhall notify, On the holder of the Gonditional-use permit of its i4nnmGn to hold a hearing to GGnsider revocation ef the, - e shall be made at lemma 4 10 days prior 40 4he-aGtal date of the hearing At the public hearing, the Planning Commission shall consider evidence from all interested parties a d after ddnl'hnra+'nn f riot s`a,4sfFed that the regulations, general n n i'c'nn�_nor rl'+nn rc�h�n'nnGGMplied with, may -revoke -the conditional use-W4T4jt er takeGh 'TT9 4' h neGessar� 4n enc mm�l'an ith the regulations, nonoral c^�cr,Sn—aS—may—vim.—......,.. j .,. _.... _r"nc—nwmpnv,,.,., ..� .. ���.. ..... y..� qr . If, based upon the testimony and the facts presented or by investigation the Planning Commission finds that any one of the grounds set forth in subsection A of this section exist the Planning Commission maV: 1 suspend the conditional use permit subject to reinstatement upon compliance with specified conditions; 2. revoke the conditional use permit, or 3 modify the conditional use permit bV revising or imposing additional conditions aimed at correcting the grounds which would otherwise justify a revocation. Within five days following the date of a decision of the Commission suspending, revoking or modifying a conditional use permit, the secretary Community Development Director or his/her designee shall transmit to the applicant and City Council written notice of the decision. The decision shall become final 15 calendar days following from the date on whinh the use '4 was rn.,e of the decision unless ao a written appeal of the action has been filed with the City Clerk within said 15 calendar days from the date of the decision pursuant to the provisions of Chapter 17.180 LEMC. [Ord. 772 § 17.74.110, 1986. Code 1987 § 17.74.110] 17.168.120 Reapplication. Following the denial of a conditional use permit application or the revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the conditional use permit. [Ord. 772 § 17.74.120, 1986. Code 1987 § 17.74.120]. ORDINANCE NO. 2014-1324 PAGE 9 of 9 17.168.130 Use permit to run with the land. Notwithstanding GoRd t;.,,,c to the ce^+Subject to the provisions of Section 17.168.110, a conditional use permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the conditional use permit application. [Ord. 772 § 17.74.130, 1986. Code 1987 § 17.74.1301.