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HomeMy WebLinkAboutOrd. No. 2011-1294 ORDINANCE NO. 2011 -1294 AN INTERIM URGENCY ORDINANCE OF THE CITY OF LAKE ELSINORE ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 TO EXTEND INTERIM URGENCY ORDINANCE NO. 2011 -1291 FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS AND CONTINUE FOR THIS PERIOD THE TEMPORARY PROHIBITION ON THE PERMITTING OF BOAT DOCKS WITHIN AREAS ZONED AS RECREATION DISTRICTS WHEREAS, on August 9, 2011, pursuant to Section 65858 of the California Government Code, the City Council of the City of Lake Elsinore ( "City Council ") adopted Ordinance No. 2011 -1291, an interim urgency ordinance, which temporarily prohibits the permitting of boat docks within areas zoned as Recreation Districts in the City of Lake Elsinore; and WHEREAS, Section 65858(a) of the California Government Code provides that Ordinance No. 2011 -1291 shall expire and be of no further force and effect forty -five (45) days from its date of adoption, or September 23, 2011; and WHEREAS, Section 65858(a) of the California Government Code provides that — prior to the expiration of Ordinance No. 2011 -1291, the City may extend Ordinance No. 2011 -1291 for an additional ten (10) months and fifteen (15) days after giving notice pursuant to Section 65090 of the California Government Code and conducting a public hearing; and WHEREAS, the City Council authorized the issuance of a written report describing the measures and actions taken by the City to alleviate the circumstances and conditions that led to the adoption of Ordinance No. 2011 -1291 since its adoption on August 9, 2011, as required by Government Code Section 65858(d) ( "Council Report"); and WHEREAS, based on the Council Report, the City Council has determined that the circumstances and conditions that led to the adoption of Ordinance No. 2011 -1291, which are set forth in the recitals of Ordinance No. 2011 -1291 and are fully incorporated herein by this reference, have not been alleviated as of the date of this Ordinance and continue to create the concerns described in Ordinance No. 2011 -1291; and WHEREAS, the City Council now seeks to extend the temporary prohibition on the permitting of boat docks within areas zoned as Recreation Districts under Ordinance No. 2011 -1291, to continue studying possible amendments to the City's Zoning Code to help ensure that boat docks are regulated in a way that protects the community and complies with applicable law; and WHEREAS, the purpose for extending Ordinance No. 2011 -1291 is to avoid the potentially significant adverse impacts to the public's health, safety, and welfare described in Ordinance No. 2011 -1291; and WHEREAS, the City Council has determined there is a need to extend Ordinance No. 2011 -1291 for an additional ten (10) months and fifteen (15) days as authorized under Section 65858(a) of the California Government Code; and WHEREAS, notice and public hearing required by Section 65858(a) of the California Government Code for the extension of Ordinance No. 2011 -1291 has been provided. 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. Adoption of this urgency interim ordinance ( "Ordinance ") shall constitute an extension of Ordinance No. 2011 -1291 pursuant to section 65858 of the California Government Code. SECTION 3. The City Council hereby finds and determines that adoption of this Ordinance and the extension of Ordinance No. 2011 -1291 are necessary for the current and immediate protection of the public health, safety, and welfare of the City and its residents for all the reasons set forth in the recitals above, the recitals of Ordinance No. 2011 -1291, and the agenda report prepared in connection with this Ordinance, which are hereby expressly incorporated as though fully set forth herein, and the following additional reasons: A. The City continues to consider and study possible means of establishing construction standards for boat docks. B. Construction and /or installation of boat docks under existing zoning and development standards will have a detrimental effect because the existing standards do not consider the unique hydrological impacts on structures within Recreation Districts such as the Lake which create the potential for severe recreational use incompatibilities, with associated impacts to the boating and recreation public. These adverse impacts on the public health, safety, and welfare can be avoided through careful study and proper planning for the regulation of boat docks. SECTION 4. The City Council finds and determines that the adoption of this Ordinance is not subject to 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., because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 5. Requisite Vote. This Ordinance shall be adopted by a four -fifths vote of the City Council. SECTION 6. Term. The term of this Ordinance shall be in effect beginning September 23, 2011 for ten (10) months and fifteen (15) days and shall thereafter be of no further force and effect, unless either repealed or extended by the City Council as provided for in Government Code Section 65858. SECTION 7. 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 8. 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 13th day of eptember 2011. RI BERT MAGEE, / OR PRO TEM CITY OF LAKE EL • ORE ATTEST: V1RG -IN I LO��ji" CITY CLERK AP ROVED AS TO F • ' M: / 14 bl / I r :rRBARA ZE 1 LEIBOLD CITY ATTOR EY _ 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 -1294 was passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 13th day of September, 2011 by the following roll call vote: AYES: 4 Council Members Melendez, H ickman, Tisdale and Mayor Pro Tem Magee NOES: 0 ABSENT: 0 ABSTAIN: 0 .� : VIRGI ' BLO •' - CITY C ' K