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HomeMy WebLinkAboutOrd. No. 2011-1291ORDINANCE NO. 2011-1291 AN INTERIM URGENCY ORDINANCE OF THE CITY OF LAKE ELSINORE ESTABLISHING A 45-DAY MORATORIUM ON THE PERMITTING OF BOAT DOCKS WITHIN AREAS ZONED AS RECREATION DISTRICTS PURSUANT TO GOVERNMENT CODE SECTION 65858 WHEREAS, the City of Lake Elsinore Zoning Ordinance is an implementation measure of the General Plan which provides zoning and building standards criteria for specific uses intended to carry out the policies and programs of the General Plan; and WHEREAS, the Lake Elsinore Zoning Ordinance does not provide specific construction regulations for boat docks within those areas zoned as Recreation Districts; and WHEREAS, the City has received an application to construct a boat dock facility on property located within a Recreation District; and WHEREAS, the construction and use of a boat dock without appropriate construction standards could result in the creation of a hazard to the boating public and negative secondary effects to adjacent property owners from ill-constructed boat docks; and WHEREAS, in order to allow time for the City to consider and study possible enactment of uniform boat dock construction standards, it is necessary to suspend the approval and issuance of any and all licenses, permits or other entitlements for the establishment of boat docks within a Recreation District; and WHEREAS, Government Code section 65858 allows the City Council to adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated proposal that the City Council, the Planning Commission, or the Lake, Parks & Recreation Department intends to study within a reasonable time; and WHEREAS, the adoption of this interim ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to section 15061(b)(3), 15262 and 15306 of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that such adoption may have a significant effect on the environment; and because such adoption involves only feasibility and planning studies for possible future adoption of an ordinance that has not yet been prepared or adopted. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE HEREBY ORDAINS AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are hereby incorporated into the body of this Ordinance as substantive findings of the City Council. SECTION 2. The City Council finds and determines as follows: (a) The adoption of this Ordinance is exempt from the application of the California Environmental Quality Act, Public Resources Code Section 21000 et seq., pursuant to Sections 15061(b), 15262 and 15306 of the State CEQA Guidelines, 14 California Code of Regulations Section 15000, et seq.; and (b) There exists a current and immediate threat to the public health, safety and welfare, because applications received for boat docks may be in conflict with the contemplated general plan implementing regulations and construction standard proposals that the City is considering or intends to study within a reasonable time; and (c) There is no feasible alternative to enactment of this interim moratorium that will satisfactorily mitigate or avoid the previously identified impacts to the public health, safety and welfare with a less burdensome or restrictive effect; and (d) In order to ensure the effective implementation of the City's land use objectives and policies, a temporary moratorium on the approval and issuance of any and all licenses, permits or other entitlements for the construction of boat docs is necessary. SECTION 3. Imposition of Moratorium. From and after the date of this Ordinance, no use permit, variance, building permit, or any other entitlement for use shall be approved or issued for the construction or installation of a boat dock within a designated Recreation District for a period of 45 days. SECTION 4. Study. The City Council hereby directs the Lake, Parks & Recreation Department to consider and study possible means of establishing construction standards for boat docks. SECTION 5. Requisite Vote. The City Council hereby enacts this interim urgency Ordinance by not less than a four-fifths vote, and in light of the findings set forth in this Ordinance, under the authority granted to it by Article XI, Section 7 of the California Constitution and Section 65858(a) of the California Government Code, which allows the City to adopt an interim urgency ordinance in order to protect the public safety, health, and welfare, prohibiting any uses that may be in conflict with a zoning proposal that the City Council, Planning Commission or the Lake, Parks & Recreation Department is considering or studying or intends to study within a reasonable time. SECTION 6. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. SECTION 7. Effective Date and Term. This Ordinance shall take effect immediately upon its execution by the Mayor and certification by the City Clerk, and shall be in effect for a period of forty-five (45) days, unless repealed, amended or extended by further action of the City Council as provided in Government Code section 65858. SECTION 8. Expiration. Ten days prior to the expiration of this interim ordinance or any extension thereof, the City Council shall issue a written report describing the measures taken to alleviate the threat to public health, safety and welfare that led to the adoption of the ordinance. SECTION 9. Publication. Within 15 days after adoption of this ordinance, the City Clerk shall cause this ordinance to be published one time in a newspaper of general circulation within the City. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 9th day of -ugV t.2-OV ROBERT E. MAGE MAYOR PRO TE CITY OF LAKE ELSINORE ATTEST: VIRGINI2 . BL O CITY CLERK APP VED AS TO OFRM- 14 P B A ZEID EIBOLD CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF LAKE ELSINORE ) I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Urgency Ordinance No. 2011-1291 was approved and adopted at the regular meeting of the City Council of the City of Lake Elsinore held on the 9th day of August, 2011 by the following roll call vote: AYES: Council Members Tisdale, Hickman, Melendez, and Mayor Pro Tern Magee NOES: None ABSENT: None ABSTAIN: None