Loading...
HomeMy WebLinkAboutItem No. 3CITY OF LADE LSIHORE DREAM EXTREMEn REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER, ACTING DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JULY 7, 2009 SUBJECT: ZONING ORDINANCE TEXT AMENDMENT 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 Background Zoning Ordinance Text Amendment No. 2009 -04 was originally presented to the Planning Commission for consideration at a public hearing held on May 19, 2009. The Planning Commission raised many questions during the public hearing and requested that staff investigate the questions and present answers to the Commission. In order to give staff time to investigate the requests, the Planning Commission continued the public hearing on Zoning Ordinance Text Amendment No. 2009 -04 to July 7, 2009. The purpose of this report is to respond to the requests that the Planning Commission made on May 19, 2009. Survey of Other Jurisdictions The first request that the Planning Commission made was for staff to prepare a chart identifying the administrative process for Conditional Use Permits and Variances in surrounding jurisdictions. Staff conducted a survey and the results of the survey are set forth below. Table -1 presents the results of the survey for Conditional Use Permits and P,fiOE_� o Zoning Ordinance Text Amendment No. 2009 -04 July 7, 2009 Page 2 of 3 Table -2 presents the results of the survey for Variances. Table -1 Conditional Use Permits Table -2 Variances Community Planning City Council Development Commission Director or Other Murrieta n/a Final decision Review Conditional making authority for Use Permit if Conditional Use appealed Temecula n/a Permits Review if appealed Temecula Final decision Final decision Final decision making authority for making authority for making authority for Riverside Conditional Use Conditional Use Conditional Use Permits for existing Permits for new Permits for new buildings buildings under 10K buildings over 10K Corona n/a square feet square feet Riverside n/a Advisory body for Final decision Conditional Use making authority for Permits Conditional Use Permits Corona n/a Final decision Review Conditional making body for Use Permit if Conditional Use appealed Permits Table -2 Variances AGENDA ITEM 3 PAGE Q_ OF HO Community Planning City Council Development Commission Director Murrieta n/a Final decision Review if appealed making body for Variances Temecula n/a Final decision Review if appealed making body for Variances Riverside Final decision Review if appealed Review if appealed making body for Variances Corona n/a Final decision Review if appealed making body for Variances AGENDA ITEM 3 PAGE Q_ OF HO Zoning Ordinance Text Amendment No. 2009 -04 July 7, 2009 Page 3 of 3 History of Appeals The second request that the Commission made was for a report on the number of appeals of Planning Commission decisions on Conditional Use Permits and Variances that have been filed over the last five years. A review of the City Clerk's records reveals that since 2005, five (5) appeals have been filed regarding Conditional Use Permits and zero (0) appeals have been filed regarding Variances. Changes to Ordinance Commissioner Zanelli pointed out that the following language needed to be stricken from Section 17.184.090, 17.168.055 and 17.172.055: "except that denials by the Planning Commission shall be final unless appealed." That language has been stricken as shown in the redline version of the Ordinance attached to this Staff Report. Commissioner O'Neal indicated that Sections 17.168.050 and 17.172.050 of the Ordinance should be revised to make the Planning Commission's action discretionary rather than mandatory. Specifically, he requested that the Ordinance be revised to change the first sentence to read that "The Commission may make a recommendation to the City Council to either . . ." rather than the language that was originally presented, which was: "The Commission shall make a recommendation to the City Council to either:...." The Ordinance was revised accordingly. 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: Alisha Winterswyk, Deputy City Attorney Approved By: Tom Weiner, Acting Director of Community Development Attachments: May 19, 2009 Report to Planning Commission regarding Text Amendment No. 2009 -04 2. Planning Commission Resolution 3. "Draft" Ordinance (Revised Version) 4. "Draft Ordinance (Redline Showing Changes made to May 19 Version) 5. "Draft" Minutes (Dated May, 19, 2009) AGENDA ITEM PAGE�OF O CITY OF LSINORE 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 TEXT AMENDMENT 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 bodyand 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. Yi\OLi`i� A iTG:w ' a Iv V. J. PA.'GE 4 .= 0 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 Attorneyto 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 stun ut 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. PACE- CT G 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 2. "Draft" Ordinance A4ESA PAGE 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 and continued the item to July 7, 2009 to give staff sufficient time to provide the Commission with additional information requested by the Commission. G PACE '7 �: 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 Pla ring GGmFnissian 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 Planning Commission and the City Council shall review the applications and drawings submitted therewith and shall receive pertinent evidence concerning the GUND,AtTE :80. PAC 0 r 40 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 make a recommendation to the City Council to either: grant a conditional use permit as the permit was applied for 9F On medified feFm grant the conditional use permit with modifications, or deny the application may "� denied A conditional use permit 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: The shall make the faun,.; n,. fiRdiRgs Were granting a GGnd;t use permit: 17.168.070 Effective date of the use permit. The deri°.in..:: Af the CGr nFA : s.` D an sha b e fina uale.. s a wr appe filed with prov of GhapteF 17.190 L 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 PlaRRiR9 GGmmissien 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 Sernmissien 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 Planning Commission Resolution No. 2009 — Page 4 of 8 or condition. FeVGKIR 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 PlanRing 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 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 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. 17.172.050 Action of the Planning Commission. The Commission may make a recommendation to the City Council to either: grant a variance as the permit was applied for, GF iR medified ferm 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; AGENDA iTE' 4 U0. PAGI __ 4 0V G -- 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 Go:^:^ics;o^ shal ma th e 17.172.070 Effective date of the variance. The dGGiS Of the G9R;R; shall be f unless a written appeal is filed with the Gity Clerk within 15 GaleRdar days fmm the date Gf the deG pursuaRt tG the- .^ ^° - iens of Chapter 17.180 L;_.MG 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 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 Cen;raissien 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. WithiR five days With' 17.184.050 Hearing Agenda Placement. With the exception of a minor design review as provided herein, the ° g The h^or n g s e be a n^ n g '. hall be d t' preSGF .+ Gh t 17 I EMG 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 AGENDA FE ai N'O. 3 PAIGE ( vJ 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 tteaf+ag, eXGGPt that Y8nmis by the DlaRRiR9 (`nmmioo'G shall h f' ..I un appe 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 Citv Council. A report of the findings and recommendations of the Planninq Commission shall be transmitted to the City Council after the Planning Commission hearing. The City the 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 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. The City the recommendations and actions of the Planning Commission. Any significant modification of the proiect, not previously considered by the Planning Commission PAgE 2 'a Planning Commission Resolution No. 2009 — Page 7 of 8 during its hearing may be but is not required to be referred to the Planning Commission for report and recommendation. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 7th day of July 2009. Axel Zanelli, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development P'Oz f 3 c` 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 7th day of July 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Acting Director of Community Development PAGE I+ OF CJ 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 hearings on May 19, 2009 and July 7, 2009, the Planning Commission recommended that the City Council r 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 July 14, 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. ACVt4D!� H Egli = 0. 3 PACE l S olm- 0 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 stFikethFeugh. 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 Planning Gemmissmen 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 this these public hearings, the Planning Commission and the City Council 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 make a recommendation to the City Council to either: grant a conditional use permit as the permit was applied for OF OR Medified fGFM grant the conditional use permit with modifications, or deny the application may be denied. A conditional use permit 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 AGGiMA 1 F. 3 :V:0. PAGE 6 � OF 4Q 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 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. The City Council shall make its own determination as to whether the proposed project complies with the provisions of the LEMC 17.168.060 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 hearing may be, but is not required to be, referred to the Planning Commission for report and 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 Gemm shall make the fGllGwiRg fin.d'Rgs befGrn g a nnnrl'f'E al use per m i t - 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 the City Glerk within 15 ra - lendar days frern the date Gf the deGi6 PLIFSUaRt te the 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 iTE? PAGE 1___��7 Ga 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 Planning GGFnrna 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 G6i66l6R 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. revokin use permit, s rn}nn. shall #ansmit tG the s liGan} and Gi} G '1 ...n ... use a ........ .. ...� .. ,.pp..vu,., u..v vray vvvr.v.r 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 °g r„mmi m y r.,n} 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 RaRRIRg Gemmiqsinn consideration of the variance. SECTION 11. That Section 17.172.040 of the Lake Elsinore Municipal Code be amended as follows: AGENDA i 6 E 'j3 hN0.�� PAGE I $ Fq 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 tigs 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 make a recommendation to the City Council to either: grant a variance as the permit was applied for, OF lR FRedified 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. The Citv the recommendations and actions of the Planning Commission. Any significant modification of the project, 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. SECTION 14. That the introductory paragraph of Section 17.172.060 of the Lake Elsinore Municipal Code be amended as follows: PALE 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: T" r as��oa� � �� � ' ' „ G„ s ha ll u„-- T„a.e„ th 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 d^..• -- of the GGrR ...__._n shall be f,n ^I unless a ""• #t eR appea i s filed w i th nra„isiens of Chanter 17 I E 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 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 Seaissiea 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 denislen shall heaeme final 15 days fellew ng the date en Wh'eh the use pqF m i t w as reye Led i nless n appe has been filed SECTION 17. That Section 17.184.050 of the Lake Elsinore Municipal Code be amended as follows: 17.184.050 Hearing. Agenda Placement. With the exception of a minor design review as provided herein, t he PlaRR Cem.rdssien shall held at least e e hearing eR aeh annlieat'e fer a des'g The hearing shall be set and netlne g as nrecer'hed in Chanter 17 . 492 l cnnC design reviews shall be placed on the business portion of the Planning Commission and PAGE _ - �--Q O G 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 considered. At this hearing, the GGMFA shall review the appl and d i 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 kearin eXGePt that GIGRials IDY the PlaRROR9 GGrnrnisslan shall be fiRal 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. AG�c'= if4.� � .:D. PA.C� 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 14th day of July 2009. ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST: DEBORA THOMSEN CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY 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 14th day of July, 2009, 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 O 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 bearings on May 19, Deleted: hearing 2009 and July 7, 2009 the Planning Commission recommended that the City Council I 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 July 14, 2009, the City .. Deleted: May 26 Council considered the Planning Commission's recommendation and evidence presented by the Community Development Department and other interested parties regarding the proposed Ordinance. AGENDA i T E 3 E.U. mm C� 'f JF=0 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 strikethreugh. 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 Planning GGrnrnissiert 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 th+s these public hearings, the Plan nin Commission and the City Council shall review the applications Deleted: caty counal and the 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 make a recommendation to the City Council to either: _ Deleted: shall grant a conditional use permit as the permit was applied for, ^F iR FRAd :^ ^ ^• grant the conditional use permit with modifications, or deny the application may be denied A conditional use permit may be granted subject to such conditions as the Commission Delet and may ed: be9ranted rora imaed time period, __.... - -. _- -_ 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 AcG tDA I T E &ez>. 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. Deleted: except that denials by the Planning Commission shall be final unless appealed 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 Commission shall make the following findings before granting a Genditional use peFmit: 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 deeisman of the Commis shall he final nle a ,:Hnn appeal .; filed with the Gity !" Ie.k w 15 noien. aF days from the date of the deo'c pursua to the is of Chapter 17 I 180 EMC 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: kGFF'k4 tTE7: a E0- PAr'E a(_ oF U the recommendations and actions of the Planning Commission. Any significant modification of the project, 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. 17.168.110 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 Planning Commission 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. W f flaws Following the Ante of a denisio of the Gemmis re vokin g 't th hall tr a 't to th re ' `........g a u se per e s en rear s ^ m e a .. n nl'cant and C CA r'I written n^tine of the Aenisina The Aesls'o shall become final 15 flaws follew ng the data o ..which the use peF ffl i t wa yoked u nless a appe has heva filed 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 P� �a ^ ^; g rgmmi6 may grant 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 Planning Gemmissien consideration of the variance. SECTION 11. That Section 17.172.040 of the Lake Elsinore Municipal Code be amended as follows: AGENDA i T E-f41 l`,0- �E 4 U 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 make a recommendation to the City Council to either: Deleted: shall grant a variance as the permit was applied for, GF on modified f9rm 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 SECTION 14. That the introductory paragraph of Section 17.172.060 of the Lake Elsinore Municipal Code be amended as follows: Deleted: except that denials by the Planning Commission shall be final unless appealed ACEHDA €TE M NO. p� ,E 2-8 U during its hearing may be but is not required to be referred to the Planning Commission for report and recommendation. 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 shall make the following fiRdin s before n an1'n GRdit•n al use peff R i t' 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 dpam. inn of the Commission n shall be f inal unle a ^ appe tte„ of fled `.with C ty GleFk within 15 Glenda. da .l fFp;n the ate of the ant to the previsiens of Ghante. 47 I Eller 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..nn'nn r`a.n.n 'en 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 Cemmissiea 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 shall transm;tta the app6aant and City GGURsil written nG ,. ee f th deeisio . The deci shall bennwe final 15 da f.Jln.. /nn the date o n which the ...'t WAS re voked nless s appe ha been filed SECTION 17. That Section 17.184.050 of the Lake Elsinore Municipal Code be amended as follows: 17.184.050 Hearing. Agenda Placement. With the exception of a minor design review as provided herein, the P lanning design reviews shall be placed on the business portion of the Planning Commission and hi cT'z t ET4i53 tta PADS 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 hearing exGept that denials by the Planning Gemmission shall be final URless 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. 940EkdDJ8 E a E]? o` C. PACE 3 c ) or. 0 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council Deleted: 26th of the City of Lake Elsinore, California, on this 14th day of, lull 2009. L Deleted; May ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST: DEBORA THOMSEN CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY ACErMA 6TEfl NO. PAGE OF � 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 14th day of ul ly, 2009 Deleted: 26th and was finally passed at a regular meeting of the City Council of the City of Lake Deleted: May Elsinore held on the day of by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: DEBORA THOMSEN CITY CLERK GC 3a MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, MAY 19, 2009 CALL TO ORDER Chairman Zanelli called the meeting to order at 6:00 PLEDGE OF ALLEGIANCE Commissioner Mendoza led the Pledge of ROLL CALL PRESENT: ABSENT: CHAIRMAN ZANELLI ' VICE - CHAIRMAN FLO COMMISSIONER GOB COMMISSIONER MEI\ COMMISSIONER O'NI STAFF PRESENT Also p None a. April 21, 2009 b. May 5, 2009 Recommendations: Approve =lopment Director Weiner, Deputy City ity Engineer Seumalo, Associate Planner n 1. Minutes from the following Planning Commission Meeting(s) Commissioner O'Neal requested a change to the April 21, 2009 Regular Planning Commission Minutes on page 3 of 10, ninth paragraph, strike the words from "removed fmm" and insert the words "included in ". A motion was made by Commissioner Gonzales and seconded by Commissioner O'Neal and passed by a unanimous vote approving the Consent Calendar with the noted corrections to the April 21, 2009 Regular Planning Commission Meeting Minutes. The following vote resulted: CHAIRMAN ZANELLI VICE - CHAIRMAN FLORES COMMISSIONER GONZAL COMMISSIONER MEND -0. COMMISSIONER ON. AL PUBLIC HEARING(S) 2. Reviews." 5I ion recommending to the City Council of the Elsinore approval of Zoning Ordinance Text No. 2009 -04. Hearing at 6:02 p.m. Acting ComffiQ� 'tt Dev'61opment Director Weiner indicated the purpose of this item is to propose i g Zo ��Ordinance Text Amendment No. 2009 -04 amending several sections of the Lake Elsinore Municipal Code (L.E.M.C) in order to make the Planning Commission an advisory body and the City Council a final decision making body for conditional use permits (CUP) and variance requests. He stated in addition, the Planning Commission would amend the L.E.M.C. regarding the placement of design review requests under the Business Item heading of the Planning Commission and City Council agendas. Chairman Zanelli requested any public speakers to speak either for or against the item. ��W<< " w7 10. 3 PA -j 3 There being no requests to speak, Chairman Zanelli brought the discussion back to the dais for Commissioners comments. Deputy City Attorney Winterswyk indicated prior to the Planning Commission Meeting it was brought to her attention that some language needed to be amended or deleted. The correction would be to Codes 17.184.090, 17.168.055 and 17.172.055 under Action by the City Council which was read into the record as follows: § 17.184.090 Action by the City Council: A recommendation of the Planning Commission shall Council after the Planning Commission meeting #:�e §17.168.055 Action by the City Council: § 17.172.055 Action by the City Council: Commissioner Planning Comi going to vote proposed char confusing. He the Commissic hof the findings and w 1. ansmitted to the City even though " " "he 'is " opposed to the idea of the n adviso, panel for ity Council, he stated he is not changes due to the discussion portion and felt the poorly, misleading factitiously incorrect and basically ,girding of thWcode stating "Shall or May" eliminates ab tahrn_gp He recommended to the Commission to any decision made by the Commission could be the City CL6,�ncil. Comm issio er Mendoia' asked how many surrounding cities follow the same procedures how long have the current procedures been used. He asked if the entire City Counc directed the City Attorney to research the matter as he does not feel comfortableaving one person on the Council make the decisions for the entire body. He expressed his concerns with the appeal process and how approving this project would eliminate the appeal process for the citizens. He stated until he has an answer to his questions, he can't vote in favor of the project. Acting Community Development Director Weiner replied by saying the CUP procedures the City currently used were established around 1986. He noted that appeals do not happen often. He stated he does not have the exact number of occurrences but feels that two per year is an accurate guess and complaints are minimal. AGENDA iTV NO. 3 PAGE 3S €3z Deputy City Attorney Winterswyk added, on certain occasions various members of the City Council had expressed their concerns to the City Attorney. She stated the request for the Zoning Text Amendment is brought before the Planning Commission by the Mayor based on his authority set by the City Council Policy Manual. She stated the remaining members of the Council would consider the Planning Commission's recommendations and would determine whether approve, change or deny altogether. Commissioner O'Neal concurred with the concerns of Commissioner Mendoza regarding the appeal process and stated this would take , , a way the ability for five . bodies to review the project instead of ten. He stat�d� a r s not pleased with removing Design Reviews from the Consent Calendar. , �� \H. Deputy City Attorney Winterswyk replied by sa�yin only Minor Design Reviews would remain under the Consent Calendar and0b Sign ' R mews would follow under the Business Item heading. AI Vice - Chairman Flores concurred with ail oft He stated he doesn't understand how or whatc if there was a particular issue, why it was Commission in the past. Chairman Zanelli indicated that he' Commission. He asked staff if any m has left them confuseci,and if so, how Acting Communi City Council 6 issues, however of he has att nning Com` i to the pu primary cor _ern is wi with the PI. appeal with Deputy City Attorney Winterswyk stated there seems to be some confusion with the filing of an appeal. She stated if the applicant has an issue with the decision of the Planning Commission they could still file an appeal as that part of the code has not change. Chairman Zanelli suggested to the Commission to have staff develop a flowchart of the development processes in the neighboring cities in order to see if there is room for improvement. He also suggested communicating with the development community on any proposed changes to the Text Amendment and once the Text Come issioners on t1le r thoughts. ecision of tNe Mayor and n ar mentioned to the Planning h .::;dam most of tlilostatements made by the ouncihexpressed that a process s an hat period of time. lo{ �ent Directo!4Weiner replied by saying members of the Id quest venfic i tipxi on land use and planning related revuer�,ad it mentioned to him that the public was left to "th6N est of his knowledge he was unaware of any issues. Jed the, staff meetings since he became Chairman sion,and feels the planning staff has provided as much Pche to help them understand a process. He indicated his changing of process which would eliminate an appeal mission's decision and the appellant would need to file an r Court if they choose to proceed. Amendment has been adopted, have the flowchart available on the City's Web site and at City Hall. Commissioner O'Neal suggested to the Commission continuing this item and requests the City Council to add a statement that would direct to the Planning Commission. Commissioner Mendoza requested how many complaint and appeals have been received in the past five years and what the outcome. He concurred with having the item continued. .. Chairman Zanelli stated as far as he is concerned Community Development Director to continue this Planning Commission has had a successful systeml no urgency in changing. , Deputy City Attorney Winterswyk quote5G vernr states, when the City Council has requestedite f make a recommendation on a Zoning Ordinard`e occur within a reasonable amount of time not to''C� if the Planning Commission fails %make a recomr then the legislative body (City p could presumption that the recommendatro was to appr it was presented to them.* be up to the Acting date certain as the hree years and sees Code Section 6 853 which ina Commission, eview and 11 iew and recommendation forty (40) days. She stated ition within that time period, the Ordinance with the 6 Ordinance in the form as It was motioned by Chairman Zanelli and seconded' by Commissioner Mendoza to continue the Zo�tng Ordinance Text Amendment No. 2009 -04 to the July 7, 2009 Regular Planning M ting.�taff was directed to prepare a flowchart regarding the Conditional Use "Vt ar�d Variance entitlement process, as well as other ng ,YES: , HAI1RYAN ZANELLI 0CE- CHAIRMAN FLORES AGOMMISSIONER GONZALES `COMMISSIONER MENDOZA COMMISSIONER O'NEAL TOES' NONE ABSENT: NONE ABSTAIN: NONE m r. ETr:." l N0- PAGE 1- 0n BUSINESS ITEM(S) 3. General Plan Conformity Determination for Proposed Capital Improvement Program for Fiscal Years 2009/2010 - 2013/2014 Recommendations: It is recommended that the Planning Commission: a. Adopt Resolution No. finding that the Capital Improvement Program conforms to the Lake Elsinore General Plan. b. Direct staff to forward a copy of this report and tl)e. Planning Commission Resolution No. to the City Council as requi gd``by\ 65401 of the Government Code. .` Acting Community Development Director Weiner Planning Commission to adopt a Resolution finAng Capital Improvement Program (CIP) conform §%t6 the Public Works Director /City Engineer SeUlTlaI make plans for the installation and refurbi` facilities. He stated the CIP for the fiscal years organizes projects and lists available funding and Y= of the projects listed is the signals a -- nnersor important project. Commissioner year. Acting Comm if the Director be this is a request for the the Roposed five (5) year Elsinoft neral Plan. CIP enable - , Ahe City to iublic infrastructure and 2010 through 2013 -2014 3ted costs. He noted one :rside Drive which is an would be completed by this replied by saying "Yes." Commission could receive an updated in the listed project for the fiscal years Seumalo responded by saying "Yes." There motion. from the Commission, Chairman Zanelli called for a It was motioneFby Commissioner Mendoza and seconded by Commissioner Gonzales to adopt Resolution No. 2009 -34 finding that the Capital Improvement Program conforms to the Lake Elsinore General Plan. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE - CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE STAFF COMMENTS Public Works Director /City Engineer • He provided updates to the CIP known as the Dexter Avenue is scheduled to bg paved next after.' • He stated that the lanes on Central en q, 0�u for work to take place on the north si ,of ths. • He expressed his pleasure working with the Cc is professional and th'oug and stat dpi$$ is a jc Acting Communi • He spokp,- Cultural Ce E PLAI COM V� Commissio: 0 • No comments Commissioner G • No comments. Avenue project. He stated nd the striping on the week to the south in order and how the Commission with them. commented on the following: be held on May 21, 2009 at the City's on the following: commented on the following: Commissioner Mendoza commented on the following: • No comments. Vice - Chairman Flores commented on the following: • No comments. Chairman Zanelli commented on the following: • He asked about Allen Street and if all the drainage issues have been resolved. Public Works Director /City Engineer Seumalo replied by saying he believes the residents have filed a claim with the City. He stated staff is still working with CalTrans on that project. , ADJOURNMENT It was the consensus of the Commission to Planning Commission meeting at 6:00 p.m. Elsinore, CA. 92530. Chairman Zanelli adjourned the meeti AXEL ZANI PLANNING Respectfully Subm DANA PORCHE OFFICE SPECIALIST III In TOM WEINER ACTING DIRECTS f OF DEVELOPMENT heN'Iune 2, 2009, Regular 183 NUM,ain Street, Lake ISSION Pfi0r:L�E Cz —