HomeMy WebLinkAboutItem No. 2C ITY OT i,"
LADE LSIriOP-,E
DREAM EXTREME-
REPORT TO PLANNING COMMISSION
TO: HONORABLE CHAIRMAN
AND MEMBERS OF THE PLANNING COMMISSION
FROM: TOM WEINER,
ACTING DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: MAY 19, 2009
SUBJECT: ZONING ORDINANCE TEXTAMENDMENT NO. 2009-04; AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AMENDING SECTIONS
17.168.010, 17.168.040,17 .168.050,17.168.060,17.168.070,
17.168.110, 17.172.010, 17.172.020(F), 17.172.040,
17.172.050, 17. 172. 060,17 .172.070,17.172.110,17.184.050,
17.184.090, AND 17.184.100 AND ADDING SECTIONS
17.168.055 AND 17.172.055 OF THE LAKE ELSINORE
MUNICIPAL CODE REGARDING CONDITIONAL USE
PERMITS, VARIANCES, AND DESIGN REVIEWS
APPLICANT: CITY OF LAKE ELSINORE: 130 SOUTH MAIN STREET,
LAKE ELSINORE, CA 92530
Purpose
The purpose of this report is to present information to the Planning Commission regarding
the proposed Zoning Ordinance Text Amendment No. 2009 -04 to amend Sections
17.168.010, 17.168.040, 17.168.050, 17.168.060, 17.168.070, 17.168.110, 17.172.010,
17.172.020(F), 17.172.040, 17.172.050, 17.172.060, 17.172.070, 17.172.110, of the Lake
Elsinore Municipal Code (the "Code ") and to add Sections 17.168.055 and 17.172.055 to
the Code in orderto make the Planning Commission an advisory body and the City Council
a final decision making body for conditional use permit and variance requests.
In addition, this report presents information to the Planning Commission regarding the
amendment to Sections 17.184.050, 17.184.090, and 17.184.100 of the Code regarding
placement of design review requests on the Business Item portion of the Planning
Commission and City Council agendas.
V
AGENDA ITEM. NO, Z
PAGE I OF 00
Zoning Ordinance Text Amendment No. 2009 -04
May 19, 2009
Page 2 of 3
Discussion
The Lake Elsinore Municipal Code (the "Code ") currently designates the Planning
Commission as the final decision making body with regard to conditional use permits and
variances (unless appealed). All other land use entitlements require a recommendation
from the Planning Commission and final approval by the City Council. When a conditional
use permit or variance is part of a larger project requiring a myriad of other entitlements, it
is confusing to the public where the final decision rests with regard to the conditional use
permit and variance since the City Council has approval authority of the overall project.
The Code also currently requires that the Planning Commission hold a noticed public
hearing on design reviews, except minor design reviews. When the design review
recommendation goes to City Council, however, the City Council considers the design
review as a business item. State law does not require that the City (either Planning
Commission or City Council) hold a public hearing before approving a design review. The
current arrangement of holding a public hearing at the Planning Commission level and a
business item at the City Council level is confusing to applicants and the public generally.
To alleviate the confusion created by our current Code, the City Council directed the City
Attorney to prepare and process an amendment to the Lake Elsinore Municipal Code to (1)
transfer the final decision making authority on conditional use permits and variances to the
City Council and (2) require design reviews be placed on the business portion of the
agenda at the Planning Commission and the City Council levels, unless accompanied by
other entitlements which require a public hearing.
Therefore, Text Amendment No. 2009 -04 will amend various subsections of Title 17 of the
Code to require the Planning Commission serve as an advisory body and the City Council
to serve as the final decision making body with regard to conditional use permit and
variance requests. Text Amendment No. 2009 -04 further requires that design reviews,
except minor design reviews, be placed on the business portion of the agenda at both
Planning Commission and City Council meetings. The proposed Text Amendment is
attached for your reference. Additions are shown in underline text and deletions are shown
in °+resat text.
Environmental Determination
The proposed revisions to the LEMC do not constitute a "project' within the meaning of
CEQA. The proposed revisions are administrative in nature simply revising the LEMC to
shift final decision making authority regarding conditional use permits and variances to the
City Council. This change will not result in a direct or indirect change in the environment
and is therefore not a "project'. . No CEQA analysis of this Text Amendment was
necessary.
AGENDA ITEM Z
PAGE Z - - - OFQDD
Zoning Ordinance Text Amendment No. 2009 -04
May 19, 2009
Page 3 of 3
Recommendation
Adopt Resolution No. 2009 -_, Resolution of the Planning Commission of the City of Lake
Elsinore, California, Recommending to the City Council of the City of Lake Elsinore
Approval of Zoning Ordinance Text Amendment No. 2009 -04
Prepared By: Barbara Leibold,
City Attorney
Approved By: Tom Weiner,
Acting Director of Community Development
Attachments:
Planning Commission Resolution
"Draft" Ordinance
AGENDA ITEM Z
PAGE 3 OFCP
RESOLUTION NO. 2009-
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LAKE ELSINORE, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE APPROVAL OF ZONING
ORDINANCE TEXT AMENDMENT NO. 2009-04
WHEREAS, the Planning and Zoning Law of the State of California authorizes
the City Council of the City of Lake Elsinore to adopt ordinances that, among other
things, regulate the use of buildings, structures, and land within the jurisdictional
boundaries of the City and its sphere of influence for industry, business, residences,
and open space; and
WHEREAS, the Lake Elsinore Municipal Code ( "Code ") currently vests the
Planning Commission with authority to review, approve, conditionally approve or deny
requests for conditional use permits and variances, subject to appeal of the Planning
Commission's decision to the City Council; and
WHEREAS, the Code further establishes a procedure whereby design review,
with the exception of minor design review, is considered by the Planning Commission
as a public hearing and is considered by the City Council as a business item; and
WHEREAS, the City Council desires to amend the Code to designate the
Planning Commission as an advisory body and the City Council as the final decision -
making body for purposes of conditional use permits and variances; and
WHEREAS, the City Council further desires to standardize the procedure set
forth in the Code regarding consideration of design review such that design review, with
the exception of minor design review, is placed on the business portion of the Planning
Commission and City Council agendas unless the design review is a part of an entire
project for which some of the entitlements require a public hearing; and
WHEREAS, in accordance with California Public Resources Code section 21065,
Text Amendment No. 2009 -04 does not constitute an activity which may cause either a
direct physical change in the environment or a reasonably foreseeable indirect physical
change in the environment and therefore is not a "project" subject to the California
Environmental Quality Act (Cal. Pub. Res. Code sections 21000 et seq.: "CEQA "); and
WHEREAS, Section 17.188.040 of the Code requires the Planning Commission
to review proposed amendments to the Code and to make a recommendation to the
City Council regarding the same; and
WHEREAS, at a duly noticed public hearing, held on May 19, 2009, the Planning
Commission considered evidence presented by the Community Development
Department and other interested parties with respect to this item.
faOE?JDA ITEM 1`30. 2..
PA E 4 0i: �o
Planning Commission Resolution No. 2009 -
Page 2 of 8
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, AND ORDER
AS FOLLOWS:
SECTION 1. The Planning Commission hereby finds and determines that the
foregoing recitals are true and correct and are incorporated as findings of this
Commission as though fully set forth herein.
SECTION 2. In accordance with Government Code Section 65855, the Planning
Commission sets forth the following findings in support of its recommendation that the
City Council approve Zoning Ordinance Text Amendment No. 2009 -04:
1. The Proposed Amendments are procedural in nature and do not affect the
density or intensity of use. As currently drafted, the Code is consistent with the current
General Plan and will assist in the provision of a well - balanced mix of land uses,
including religious land uses.
2. The Proposed Amendments do not create new districts, remove existing
zoning districts, or otherwise modify land use requirements. Text Amendment No.
2009 -04 simply modifies the administrative procedure for consideration of conditional
use permits and variances to make the City Council the final decision making body. In
addition, Text Amendment No 2009 -04 standardizes the procedure for agendizing
design reviews to be consistent at the Planning Commission and City Council meetings.
SECTION 3. Based upon all of the evidence presented and the above findings,
the Planning Commission hereby recommends that the City Council of the City of Lake
Elsinore amend the following sections of the Code:
17.168.010 Purpose.
The City realizes that certain uses have operational characteristics that,
depending upon the location and design of the use, may have the potential to negatively
impact adjoining properties, businesses, or residents. Said uses therefore require a
more comprehensive review and approval procedure, including the ability to condition
the project, in order to mitigate any determined impact. In order to achieve this
purpose, the D a ring Gemmissien City Council is empowered to grant and to deny
applications for conditional use permits and to impose reasonable conditions upon the
granting of conditional use permits.
17.168.040 Public Hearings.
The Planning Commission and the City Council shall each hold at least one
public hearing on each application for a conditional use permit. The hearings shall be
set and notice given as prescribed in Chapter 17.192 of the LEMC. At this these public
hearings, the City Council and the Planning Commission shall review the applications
and drawings submitted therewith and shall receive pertinent evidence concerning the
AGENDA IrE � 130. 2
PAGE 5
Planning Commission Resolution No. 2009 -
Page 3 of 8
proposed use and proposed conditions under which it would be operated or maintained,
particularly with respect to the findings prescribed in this section.
17.168.050 Action of the Planning Commission.
The Commission may shall make a recommendation to the City Council to either:
grant a conditional use permit as the permit was applied for grant
the conditional use permit with modifications, or deny the application FRay be denied A
conditional use permit may be granted for a limited time period, and 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.
17.168.060 Findings.
Prior to the Planning Commission making its recommendation and prior to the
City Council rendering its decision to approve or conditionally approve a conditional use
permit, the following findings shall be made: Th e Gernmigsion shall rnakp fhn fell^^^ nn
17.168.070 Effective date of the use permit.
The .,f the f`ArnrMl ;hAlI hp final . nless a written a pp eal is filed with
„F„^,i6i Gf Ch 47190 i use permit shall become effective from and after
the date of adoption of the City Council resolution approving or conditionally approving
the conditional use permit application.
17.168.110 Suspension and revocation.
Upon violation of any applicable provision of this chapter, or, if granted subject to
conditions, upon failure to comply with conditions, a conditional use permit shall be
suspended as follows:
The City Council shall notify, in writing, the holder of the
conditional use permit of its intention to hold a hearing to consider revocation of the use
permit. Said notice shall be made at least 10 days prior to the actual date of the hearing.
At the hearing, the GOMMI&Sien City Council shall consider evidence from all interested
parties and after deliberation if not satisfied that the regulation, general provision, or
condition is being complied with, may revoke the conditional use permit or take such
A.GEND ITEM W.
Planning Commission Resolution No. 2009 -
Page 4 of 8
or condition.
17.172.010 Purpose.
The City realizes that under certain circumstances an applicant while attempting
to comply with provisions of the zoning ordinance as strictly interpreted may, because of
certain physical conditions related to the site, such as size, shape, dimensions,
topography, or unique setting, experience practical difficulties and /or unnecessary
physical hardships which are inconsistent with the ordinance's intended purpose. This
chapter, therefore, is intended to provide a mechanism whereby the PlaRRiRg
relief may be granted from the applicable provisions of this
code. The ability to grant variances shall not, however, extend to use regulations or to
public safety regulations because such authority is precluded by other local ordinances
or State law. Also, in no case shall cost to the applicant of strict or literal compliance
with a regulation be the primary reason for granting of a variance.
17.172.020 Application
F. Statement from the applicant indicating the code section in question and the
alternative means of compliance being proposed; together with any other data pertinent
to the PlaRRiRg GeRimission consideration of the variance.
17.172.040 Public hearings.
The Planning Commission and the City Council shall each hold at least one
public hearing on each application for a conditional use permit. The hearings shall be
set and notice given as prescribed in Chapter 17.192 of the LEMC. At thls these public
hearings, the City Council and the Planning Commission shall review the applications
and drawings submitted therewith and shall receive pertinent evidence concerning the
proposed use and proposed conditions under which it would be operated or maintained,
particularly with respect to the findings prescribed in this section.
17.172.050 Action of the Planning Commission.
The Commission may shall make a recommendation to the City Council to either:
grant a variance as the permit was applied for, nr i.n Medified. foFm grant the variance
with modifications or deny the application may ed . A variance may be granted
subject to such conditions as the Commission may prescribe. Conditions may include,
but are not limited to, payment of infrastructure fees; requirements for special yards,
open spaces, buffers, fences and walls; requiring installation and maintenance of
landscaping; street dedications and improvements; regulation of points of vehicular
ingress and egress; control of traffic circulation; regulation of signs; regulation of
methods of operation; prescribing standards of maintenance of buildings and grounds;
Planning Commission Resolution No. 2009 —.
Page 5 of 8
phasing; other more restrictive development standards; and such other conditions as
the Commission may deem necessary to ensure compatibility of the project with
surrounding development and to preserve the public health, safety and welfare.
17.172.060 Findings.
Prior to the Planning Commission making its recommendation and prior to the
City Council rendering its decision to approve or conditionally approve a conditional
variance, the following findings shall be made: The Cc^:Mscio^ shall make +h
17.172.070 Effective date of the variance.
The
nrG.,ic.i'.nc. Of Ghnn +or 47 . 180 L variance shall become effective from and after the
date of adoption of the City Council resolution approving or conditionally approving the
variance application.
17.172.110 Suspension and revocation.
A variance, upon violation of any applicable provision of this chapter, or, if
granted subject to conditions, upon failure to comply with conditions, shall be
suspended as follows:
The PlanRiRg COMMOSSiOR City Council shall notify, in writing, the holder of the
variance of its intention to hold a hearing to consider its revocation. Said notice shall be
made at least 10 days prior to the actual date of the hearing. At the hearing, the
Gemmission City Council shall consider evidence from all interested parties and after
deliberation if not satisfied that the regulations, general provision, or condition is being
complied with, may revoke the variance or take such action as may be necessary to
ensure compliance with the regulation, general provision or condition. Wi thi R five days
sha oaRwiiuc vv the oppuoaRc ana o,t SednGi! written netise —ef d
�.Aih;& the use Perm was-
revoked u n l ess a app l h.eo been Filer!
17.184.050 Hearing. Agenda Placement.
With the exception of a minor design review as provided herein, the ° g
design reviews shall be placed on the business portion of the Planning Commission and
City Council agendas. When, however, a design review application is to be considered
in conjunction with other land use entitlements that require the Planning Commission
and /or the City Council to hold a public hearing, the design review shall be agendized
and noticed as part of the public hearing at which all of the entitlements are to be
PAGE b M 2-0
Planning Commission Resolution No. 2009 -
Page 6 of 8
consi dered .
17.184.090 Action by the City Council.
A report of the findings and recommendations of the Planning Commission shall
be transmitted to the City Council after the Planning Commission meeting beafiflg,
except that denials by the Planning Commission shall be final unless appealed. The
City Council shall make its own determination as to whether the proposed project
complies with the provisions of LEMC 17.184.080 and may approve, modify, or
disapprove the recommendations and actions of the Planning Commission. Any
significant modification of the project, not previously considered by the Planning
Commission during its review hearing may be, but is not required to be, referred to the
Planning Commission for report and recommendation.
Section 17.184.100 Effective date of design review approval.
The decision of the Commission regarding minor design reviews and denials of
design reviews shall be final unless a written appeal is filed with the City Clerk within 15
calendar days from the date of the decision pursuant to the provisions of Chapter
17.180 LEMC.
SECTION 4. Based upon all of the evidence presented and the above findings,
the Planning Commission hereby recommends that the City Council of the City of Lake
Elsinore add the following sections of the LEMC:
17.168.055 Action by the City Council.
recommendations and actions of the Planning Commission. Any significant modification
of the proiect, not previously considered by the Planning Commission during its hearing
may be, but is not required to be, referred to the Planning Commission for report and
recommendation.
17.172.055 Action by the Citv Council.
A report of the findings and recommendations of the Planning Commission shall
be transmitted to the City Council after the Planning Commission hearing, except that
provisions of the LEMC 17.172.060 and may approve, modify, or disapprove the
AGENDA ITEM (ice. !i
PAGE 9 O �C -
Planning Commission Resolution No. 2009 —,
Page 7 of 8
recommendation.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 19th day of May 2009.
Axel Zanelli, Chairman
City of Lake Elsinore
ATTEST:
Tom Weiner
Acting Director of Community Development
AGENDA ITEM PSG. Z
PAGE W OF QQ
Planning Commission Resolution No. 2009 -
Page 8 of 8
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, TOM WEINER, Acting Director of Community Development of the City of Lake
Elsinore, California, hereby certify that Resolution No. 2009- was adopted
by the Planning Commission of the City of Lake Elsinore at a regular meeting held on
the 19 day of May 2009, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tom Weiner
Acting Director of Community Development
faGiEND. ter M� eta. Z-
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, AMENDING SECTIONS 17.168.010,
17.168.040, 17.168.050, 17.168.060, 17.168.070, 17.168.110,
17.172.010, 17.172.020(F), 17.172.040, 17.172.050, 17.172.060,
17.172.070, 17.172.110, 17.184.050, 17.184.090, AND 17.184.100 AND
ADDING SECTIONS 17.168.055 AND 17.172.055 OF THE LAKE
ELSINORE MUNICIPAL CODE REGARDING CONDITIONAL USE
PERMITS, VARIANCES, AND DESIGN REVIEWS
WHEREAS, the Planning and Zoning Law of the State of California authorizes
the City Council of the City of Lake Elsinore to adopt ordinances that, among other
things, regulate the use of buildings, structures, and land within the jurisdictional
boundaries of the City and its sphere of influence for industry, business, residences,
and open space; and
WHEREAS, the Lake Elsinore Municipal Code ( "Code') currently vests the
Planning Commission with authority to review, approve, conditionally approve or deny
requests for conditional use permits and variances, subject to appeal of the Planning
Commission's decision to the City Council; and
WHEREAS, the Code further establishes a procedure whereby design review,
with the exception of minor design review, is considered by the Planning Commission
as a public hearing and is considered by the City Council as a business item; and
WHEREAS, the City Council desires to amend the Code to designate the
Planning Commission as an advisory body and the City Council as the final decision -
making body for purposes of conditional use permits and variances; and
WHEREAS, the City Council further desires to standardize the procedure set
forth in the Code regarding consideration of design review such that design review, with
the exception of minor design review, is placed on the business portion of the Planning
Commission and City Council agendas unless the design review is a part of an entire
project for which some of the entitlements require a public hearing; and
WHEREAS, based on evidence presented by the Community Development
Department and other interested parties at a duly noticed public hearing on May 19,
2009, the Planning Commission recommended that the City Council f this
Ordinance amending Sections 17.168.010, 17.168.040, 17.168.050, 17.168.060,
17.168.070, 17.168.110, 17.172.010, 17.172.020(F), 17.172.040, 17.172.050,
17.172.060, 17.172.070, 17.172.110, 17.184.050, 17.184.090, AND 17.184.100 and
adding sections 17.168.055 and 17.172.055 to the Code; and
WHEREAS, at a duly noticed public hearing, held on May 26, 2009, the City
Council considered the Planning Commission's recommendation and evidence
presented by the Community Development Department and other interested parties
regarding the proposed Ordinance.
PA , GE ..._.L� �� _ �C�
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ORDAINS AS FOLLOWS:
SECTION 1. All amendments to Sections 17.168.010, 17.168.040, 17.168.050,
17.168.060, 17.168.070, 17.168.110, 17.172.010, 17.172.020(F), 17.172.040,
17.172.050, 17.172.060, 17.172.070, 17.172.110, 17.184.050, 17.184.090, and
17.184.100 shall be reflected by the following structure: additions are shown in
underline and deletions are shown in stFike+ h.
SECTION 2. That Section 17.168.010 of the Lake Elsinore Municipal Code be
amended as follows:
17.168.010 Purpose.
The City realizes that certain uses have operational characteristics that,
depending upon the location and design of the use, may have the potential to negatively
impact adjoining properties, businesses, or residents. Said uses therefore require a
more comprehensive review and approval procedure, including the ability to condition
the project, in order to mitigate any determined impact. In order to achieve this
purpose, the PlaRAiRg Gernmission City Council is empowered to grant and to deny
applications for conditional use permits and to impose reasonable conditions upon the
granting of conditional use permits.
SECTION 3. That Section 17.168.040 of the Lake Elsinore Municipal Code be
amended as follows:
17.168.040 Public Hearings.
The Planning Commission and the City Council shall each hold at least one
public hearing on each application for a conditional use permit. The hearings shall be
set and notice given as prescribed in Chapter 17.192 of the LEMC. At t#is these public
hearings, the City Council and the Planning Commission shall review the applications
and drawings submitted therewith and shall receive pertinent evidence concerning the
proposed use and proposed conditions under which it would be operated or maintained,
particularly with respect to the findings prescribed in this section.
SECTION 4. That Section 17.168.050 of the Lake Elsinore Municipal Code be
amended as follows:
17.168.050 Action of the Planning Commission.
The Commission +may shall make a recommendation to the City Council to either:
grant a conditional use permit as the permit was applied for GF iR FnGdifffied fGWR grant
the conditional use permit with modifications, or deny the application F^ay be dedeRied A
conditional use permit may be granted for a limited time period, and 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
END'A ITEM 1'40. L-
PAa 3 �.
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.
SECTION 5. That Section 17.168.055 of the Lake Elsinore Municipal Code be
added as follows:
17.168.055 Action by the City Council.
A report of the findings and recommendations of the Planning Commission shall
be transmitted to the City Council after the Planning Commission hearing, except that
denials by the Planning Commission shall be final unless appealed. The City Council
recommendations and actions of the Planning Commission. Any significant modification
recommendation.
SECTION 6. That the introductory paragraph of Section 17.168.060 of the Lake
Elsinore Municipal Code be amended as follows:
17.168.060 Findings.
Prior to the Planning Commission making its recommendation and prior to the
City Council rendering its decision to approve or conditionally approve a conditional use
permit, the following findings shall be made: The Gernmission shall Make the fG!!E)W
fiRdiRgs beferre granting n nrlifi..nal . ormif
SECTION 7. That Section 17.168.070 of the Lake Elsinore Municipal Code be
amended as follows:
17.168.070 Effective date of the use permit.
The HpGisinn of the Gernmissien qhAl' be final unless a WF;tt9R appeal is filed with
the ("ty Clerk w 45 nnlnndar days from the date- of the r7onioi.,n pursuant to the
nrrm,ic.irinG of rhapteF 17 I use permit shall become effective from and after
the date of adoption of the City Council resolution approving or conditionally approving
the conditional use permit application.
SECTION 8. That Section 17.168.110 of the Lake Elsinore Municipal Code be
amended as follows:
AGENDA 1 4TE IA 140. Z
pAraE 1_83F —..�
17.168.110 Suspension and revocation.
Upon violation of any applicable provision of this chapter, or, if granted subject to
conditions, upon failure to comply with conditions, a conditional use permit shall be
suspended as follows:
The PlanRiRg GemmissieR City Council shall notify, in writing, the holder of the
conditional use permit of its intention to hold a hearing to consider revocation of the use
permit. Said notice shall be made at least 10 days prior to the actual date of the hearing.
At the hearing, the Commission City Council shall consider evidence from all interested
parties and after deliberation if not satisfied that the regulation, general provision, or
condition is being complied with, may revoke the conditional use permit or take such
action as may be necessary to ensure compliance with the regulation, general provision
or condition. Within five days
days ,,
�� l � in
wiir ten "'"pro v mc�e.�er. - ---- r it hr�nr)mo final 'I �. $ i- f�riv�inigTic
date GR Wh the Use pem; was revoked 6if; aR appeal has been fled—
SECTION 9. That Section 17.172.010 of the Lake Elsinore Municipal Code be
amended as follows:
17.172.010 Purpose.
The City realizes that under certain circumstances an applicant while attempting
to comply with provisions of the zoning ordinance as strictly interpreted may, because of
certain physical conditions related to the site, such as size, shape, dimensions,
topography, or unique setting, experience practical difficulties and /or unnecessary
physical hardships which are inconsistent with the ordinance's intended purpose. This
chapter, therefore, is intended to provide a mechanism whereby the °gig
r,,..,Mi66iGR ma y raR relief may be granted from the applicable provisions of this
code. The ability to grant variances shall not, however, extend to use regulations or to
public safety regulations because such authority is precluded by other local ordinances
or State law. Also, in no case shall cost to the applicant of strict or literal compliance
with a regulation be the primary reason for granting of a variance.
SECTION 10. That Section 17.172.020(F) of the Lake Elsinore Municipal Code
be amended as follows:
17.172.020 Application
F. Statement from the applicant indicating the code section in question and the
alternative means of compliance being proposed; together with any other data pertinent
to the PlaRRiR9 GemmffissiGn consideration of the variance.
SECTION 11. That Section 17.172.040 of the Lake Elsinore Municipal Code be
amended as follows:
AGENDA 17 W . Z
PAGE 0 ()
17.172.040 Public hearings.
The Planning Commission and the City Council shall each hold at least one
public hearing on each application for a conditional use permit. The hearings shall be
set and notice given as prescribed in Chapter 17.192 of the LEMC. At this these public
hearings, the City Council and the Planning Commission shall review the applications
and drawings submitted therewith and shall receive pertinent evidence concerning the
proposed use and proposed conditions under which it would be operated or maintained,
particularly with respect to the findings prescribed in this section.
SECTION 12. That Section 17.172.050 of the Lake Elsinore Municipal Code be
amended as follows:
17.172.050 Action of the Planning Commission.
The Commission may shall make a recommendation to the City Council to either:
grant a variance as the permit was applied for, 9F iR modified fGFm grant the variance
with modifications or deny the application may be denied. A variance may be granted
subject to such conditions as the Commission may prescribe. Conditions may include,
but are not limited to, payment of infrastructure fees; requirements for special yards,
open spaces, buffers, fences and walls; requiring installation and maintenance of
landscaping; street dedications and improvements; regulation of points of vehicular
ingress and egress; control of traffic circulation; regulation of signs; regulation of
methods of operation; prescribing standards of maintenance of buildings and grounds;
phasing; other more restrictive development standards; and such other conditions as
the Commission may deem necessary to ensure compatibility of the project with
surrounding development and to preserve the public health, safety and welfare.
SECTION 13. That Section 17.172.055 of the Lake Elsinore Municipal Code be
added as follows:
17.172.055 Action by the City Council.
A report of the findings and recommendations of the Planning Commission shall
be transmitted to the City Council after the Planning Commission hearing, except that
denials by the Planning Commission shall be final unless appealed. The City Council
shall make its own determination as to whether the proposed proiect complies with the
provisions of the LEMC 17.172.060 and may approve, modify. or disapprove the
recommendations and actions of the Planning Commission. Any significant modification
recommendation.
SECTION 14. That the introductory paragraph of Section 17.172.060 of the Lake
Elsinore Municipal Code be amended as follows:
hGEMD:q ITS - S'Z
PAOS . Z
,�0: ;�-C)
17.172.060 Findings.
Prior to the Planning Commission making its recommendation and prior to the
City Council rendering its decision to approve or conditionally approve a conditional
variance, the following findings shall be made: The G_ ^n rA i 6G i„n shall make the
SECTION 15. That Section 17.172.070 of the Lake Elsinore Municipal Code be
amended as follows:
17.172.070 Effective date of the variance.
The dAr;; of thA shall be final unless a wFitten appeal 0 8 filed with
the City G!eFk .vthin 15 nolon.dor days fFeFR the rlAte Gf +ho deGio L.n n nn+ to the
„r,..,; of Chapt 17 . 190 L variance shall become effective from and after the
date of adoption of the City Council resolution approving or conditionally approving the
variance application.
SECTION 16. That Section 17.172.110 of the Lake Elsinore Municipal Code be
amended as follows:
17.172.110 Suspension and revocation.
A variance, upon violation of any applicable provision of this chapter, or, if
granted subject to conditions, upon failure to comply with conditions, shall be
suspended as follows:
The ol.,nni GemrRissi„n City Council shall notify, in writing, the holder of the
variance of its intention to hold a hearing to consider its revocation. Said notice shall be
made at least 10 days prior to the actual date of the hearing. At the hearing, the
Serr;R;issien City Council shall consider evidence from all interested parties and after
deliberation if not satisfied that the regulations, general provision, or condition is being
complied with, may revoke the variance or take such action as may be necessary to
ensure compliance with the regulation, general provision or condition. Within five days
s h a ll tr +„ the app"n.+n+tand Cit., E)URG" o:rtten netiae of the deeisien. The
dPA'R'An shall beGGrne final 15 days fGllGwiRq the date GA WhiGh the use permit was-
revoked uRless aR appeal has bee_R filed.
SECTION 17. That Section 17.184.050 of the Lake Elsinore Municipal Code be
amended as follows:
17.184.050 Wig. Agenda Placement.
With the exception of a minor design review as provided herein, the Pla
The g shall be + A nd Re tie. s 'h�,.d in�� r 17.192 I CAA!`
a,v„-- c�ve� —a " �or;vcv c��r�c ��,v,v
design reviews shall be placed on the business portion of the Planning Commission and
. :F-) 2
City Council agendas. When, however, a design review application is to be considered
in conjunction with other land use entitlements that require the Planning Commission
and /or the City Council to hold a public hearing, the design review shall be agendized
and noticed as part of the public hearing at which all of the entitlements are to be
considered. At this heaFiR the r,,.,, oholl rpiApw the p li G ,t' GR an d dr aW i RgS
nnhm'# ed Rd fro . the ni blin GGRGerR the nl.rt
prope4
SECTION 18. That Section 17.184.090 of the Lake Elsinore Municipal Code be
amended as follows:
17.184.090 Action by the City Council.
A report of the findings and recommendations of the Planning Commission shall
be transmitted to the City Council after the Planning Commission meeting taeariag,
except that denials by the Planning Commission shall be final unless appealed. The
City Council shall make its own determination as to whether the proposed project
complies with the provisions of LEMC 17.184.080 and may approve, modify, or
disapprove the recommendations and actions of the Planning Commission. Any
significant modification of the project, not previously considered by the Planning
Commission during its review hearing may be, but is not required to be, referred to the
Planning Commission for report and recommendation.
SECTION 19. That Section 17.184.100 of the Lake Elsinore Municipal Code be
amended as follows:
Section 17.184.100 Effective date of design review approval.
The decision of the Commission regarding minor design reviews and denials of
design reviews shall be final unless a written appeal is filed with the City Clerk within 15
calendar days from the date of the decision pursuant to the provisions of Chapter
17.180 LEMC.
SECTION 20. Severability. 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
hereby declared to be severable.
SECTION 21. 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 ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore, California, on this 26th day of May 2009.
ROBERT E. MAGEE, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
DEBORA THOMSEN
CITY CLERK
APPROVED AS TO FORM:
BARBARA LEIBOLD
CITY ATTORNEY
rtiVEHDA ui' i L.Q.
PACE I R W 00
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, DEBORA THOMSEN, City Clerk of the City of Lake Elsinore, California,
hereby certify that the foregoing Ordinance No. was introduced at a regular
meeting of the City Council of the City of Lake Elsinore on the 26th day of May, and was
finally passed at a regular meeting of the City Council of the City of Lake Elsinore held
on the day of by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DEBORA THOMSEN
CITY CLERK
PA -GE OLa Pr a0