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Home My WebLink AboutCity Council Item No.8CITY OF LAKE L LSINOBJE DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR PRO TEM AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: SEPTEMBER 13, 2011 SUBJECT: PUBLIC HEARING 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 Background On August 9, 2011, the City Council adopted Ordinance No. 2011-1291, an urgency ordinance establishing a 45-day moratorium on the permitting of boat docks within areas zoned as Recreation Districts. The Council directed staff to evaluate and propose standards for boat dock construction and uses, particularly with respect to the Lake which is subject to significant wave and wind action. Discussion Pursuant to City Council direction, staff's evaluation of various regulatory options is underway and the Public Safety Advisory Commission and the Planning Commission have selected a representative to participate with staff to draft proposed regulations. The subcommittee is scheduled to meet on Monday, September 12, 2011. It is anticipated that proposed regulations will be completed within approximately 60 days. However, the City Council needs to decide whether to allow the moratorium to expire on September 23, 2011 or to extend the moratorium. Government Code Section 65858(a) specifically provides for an extension of 10 months, 15 days. Although staff believes this is more time than is necessary, the 10 month, 15 day extension is requested in order to comply with the Government Code. Assuming the City Council adopts boat dock regulations prior to the expiration of the moratorium, AGENDA ITEM NO. 8 Page 1 of 9 Urgency Ordinance re Boat Dock Construction Standards September 13, 2011 Page 2 of 3 the City Council can rescind the moratorium in order to allow boat dock applications to be processed. City staff has prepared the attached urgency ordinance to extend the current moratorium for an additional 10 months and 15 days. In addition, Section 65858(d) requires that the City Council issue a written report 10 days prior to the expiration of the urgency ordinance, which describes the measures taken to alleviate the conditions that led to the adoption of Ordinance No. 2011-1291. Staff has prepared and attached the required report for the City Council's review and approval. Because this is an urgency ordinance, it must be adopted by a 4/5 vote of the City Council. Fiscal Impact None. Recommendation 1. Approve the report on the measures taken so far to alleviate the conditions which led to the adoption of Ordinance No. 2011-1291 placing an interim moratorium on the permitting of boat docks within the areas zoned as recreational districts. 2. Waive further reading and adopt by a four-fifths vote the attached Ordinance by title only: 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 Prepared by: Barbara Leibold City Attorney Approved by: Robert A. Brady City Manager Page 2 of 9 Urgency Ordinance re Boat Dock Construction Standards September 13, 2011 Page 3 of 3 Attachment: Report on measures taken to alleviate conditions that led to adoption of Ordinance No. 2011-1291 2. Ordinance No. 2011- 1294 Page 3 of 9 Page 4 of 9 CITY OF LADE LSII`IORE ~M DREAM EXTREME- FROM: HONORABLE MAYOR PRO TEM MAGEE AND MEMBERS OF THE CITY COUNCIL SUBJECT: REPORT ON MEASURES TAKEN TO ALLEVIATE THE CONDITIONS WHICH LED TO THE ADOPTION OF ORDINANCE NO. 2011-1291, ESTABLISHING AN INTERIM MORATORIUM ON THE PERMITTING OF BOAT LAUNCHES IN RECREATION ZONES On August 9, 2011, the Lake Elsinore City Council adopted Ordinance No. 2011-1291, an interim urgency ordinance establishing a 45-day moratorium on the permitting of boat launches within Recreation Districts. Ordinance No. 2011-1291 was adopted pursuant to Government Code Section 65858, which provides that an interim moratorium automatically expires 45 days from the date of its adoption, unless the ordinance is extended by the Lake Elsinore City Council after additional notice and public hearing. The moratorium is set to expire on September 23, 2011. Government Code section 65858(d) requires that, 10 days prior to the expiration of the moratorium, the Lake Elsinore City Council issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. The conditions that led to the adoption of the interim moratorium were listed in Ordinance No. 2011-1291, and still exist as of the date of this report. The following is a report of the measures and actions that have been taken by the City, since August 9, 2011, to alleviate the conditions set forth in Ordinance No. 2011-1291: • Pursuant to City Council direction, the Public Safety Advisory Commission and the Planning Commission have selected a representative to participate with staff in preparing proposed boat dock construction and use standards. The subcommittee is scheduled to meet on Monday, September 12, 2011. • During the course of the moratorium, City staff has continued to study the issue of regulation of boat launch construction and use standards and has prepared a preliminary draft of standards to present to the Planning Commission/PSAC subcommittee. • The City Attorney's office has reviewed the Municipal Code regarding the procedures for obtaining a boat launch "permit" and is preparing proposed revisions to the Municipal Code to streamline the permit approval. Page 5 of 9 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 Page 6 of 9 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., Page 7 of 9 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 September 2011. ROBERT MAGEE, MAYOR PRO TEM CITY OF LAKE ELSINORE ATTEST: VIRGINIA BLOOM CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY Page 8 of 9 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 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: NOES: ABSENT: ABSTAIN: VIRGINIA BLOOM CITY CLERK Page 9 of 9