Saturday, 24 July 2021

City of Clearlake: Ordinance amending Chapter 18 of the Clearlake Municipal Code, repealing and replacing the Zoning Ordinance

CITY OF CLEARLAKE
ORDINANCE NO. 248-2020

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE AMENDING CHAPTER 18
OF THE CLEARLAKE MUNICIPAL CODE REPEALING AND REPLACING THE ZONING ORDINANCE

WHEREAS, the City Council of the City of Clearlake approved a comprehensive update to the General Plan and Zoning Map on February 28, 2017, which references the need to develop a new Zoning Code to implement the purpose of the General Plan; and

WHEREAS, the City of Clearlake has initiated Zoning Ordinance Application ZOA 2020-01 to update the Zoning Code and incorporate applicable State housing law provisions into the Clearlake Zoning Ordinance; and

WHEREAS, the City Council appointed a Zoning Code Update and Design Review Manual Ad-Hoc Committee which, over the course of several meetings, provided guidance and recommendations on key issues relating to the Zoning Code Update and Design Review Manual; and

WHEREAS, the Zoning Code Update and Design Review Manual Ad-Hoc Committee, on February 26, 2020, unanimously recommended approval of the Zoning Code Update and Zoning Map Amendments; and

WHEREAS, the City of Clearlake has prepared a Draft Ordinance to adopt affordable-housing-related Amendments to the Clearlake Zoning Ordinance (Chapter 18 of the Clearlake Municipal Code), as shown in Exhibit A, and Amendments to the Clearlake Zoning Maps as shown in Exhibit B attached hereto and incorporated herein by reference, consistent with the goals, policies, standards and objectives of the City of Clearlake General Plan; and

WHEREAS, the City of Clearlake City Council has considered the recommendations of the Zoning Code Update and Design Review Manual Ad-Hoc Committee and staff/consultant team input: and

WHEREAS, the Planning Commission held a duly noticed Public Hearings on July 28, 2020, August 25, 2020 and September 22, 2020 to consider the Zoning Ordinance Application ZOA 2020-01, the Zoning Code update, and has recommended approval of Zoning Ordinance Application ZOA 2020-01 to the City Council; and

WHEREAS, the City Council finds that the provisions of this Ordinance are consistent with the City of Clearlake’s General Plan; and

WHEREAS, the proposed amendments to the City of Clearlake Municipal Code set forth herein provide for the “public necessity and convenience and general welfare” and would not be detrimental to the public’s health, safety, and welfare; and

WHEREAS, the City of Clearlake City Council has considered public comment at duly noticed public hearings on October 15, 2020 and November 5, 2020.

THE CITY COUNCIL OF THE CITY OF CLEARLAKE DOES ORDAIN AS FOLLOWS:

Section 1. The City of Clearlake 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), 15060(c)(3) (the activity is not a project as defined in Section 15378) , and Section 15061 (b)(3) 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 indirectly, and directs staff to file a Notice of Exemption accordingly.

Section 2.
Chapter 18 of the Clearlake Municipal Code, the City of Clearlake Zoning Code, is hereby repealed in its entirety and reenacted as set forth in the attached Exhibit A, that is incorporated herein by this reference.

Section 2. As of the effective date of this ordinance, the Official Zoning Maps of the City of Clearlake shall be replaced and updated with new Official Zoning Maps of the City to reflect the changes set forth in Zoning Ordinance Application ZOA 2020-01 and the reenacted Chapter 18 of the Clearlake Municipal Code, the City of Clearlake Zoning Code, which maps are on file with the City Clerk and are incorporated herein by this reference.

Section 3. The City Council declares that, should any provision, section, subsection, sentence, paragraph, clause, phrase, or word of this Ordinance, or the Code section hereby adopted, be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by any reason of any preemptive legislation, the remaining provisions, sections, subsections, sentences, paragraphs, clauses, phrases or words of this Ordinance and Code section hereby adopted shall remain in full force and effect.

Section 4. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause a summary of the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

Introduced at a Regular Meeting of the City Council of the City of Clearlake on November 5, 2020 by the following vote:

AYES: Mayor Cremer, Vice Mayor Slooten, Councilmembers Overton, Harris and Perdock
NOES: None
ABSENT: None
ABSTAIN: None

_______________________________
Russell Cremer, MAYOR

Passed and Adopted at a Regular Meeting of the City Council of the City of Clearlake on December 3, 2020 by the following vote:

AYES: Mayor Cremer, Vice Mayor Slooten, Councilmembers Overton, Claffey and Perdock
NOES: None
ABSENT: None
ABSTAIN: None

_______________________________
Russell Cremer, MAYOR

I hereby certify that the foregoing Ordinance was PASSED, APPROVED and ADOPTED this 3rd day of December, 2020.

ATTEST:


____________________________________
CITY CLERK



Exhibit A: Clearlake Zoning Ordinance Update
https://www.clearlake.ca.us/DocumentCenter/View/1665/Clearlake-Zoning-Code-Update-11-30-20---revised-CLEAN?bidId= 

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