HomeMy WebLinkAboutPC Reso No 2012-21RESOLUTION NO. 2012-21
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING
APPROVAL OF THE AMENDMENT TO THE CITY OF LAKE
ELSINORE MUNICIPAL CODE, TITLE 17 - ZONING, CHAPTER
17.08 - DEFINITIONS, CHAPTER 17.20 - (L) LAKESHORE
OVERLAY DISTRICT, CHAPTER 17.104 - (R) RECREATIONAL
DISTRICT AND CHAPTER 17.128 - C-P COMMERCIAL PARK
DISTRICT (ZONE CODE AMENDMENT NO. 2012-01)
WHEREAS, there are no existing regulations establishing standards for private
residential boat docks in the Lake Elsinore Municipal Code (LEMC); and
WHEREAS, certain use designations involving boat docks, boat landings, boat
ramps and piers need to be updated for purposes of providing consistency within the
city's zoning ordinance; and
WHEREAS, Government Code Section 65860 requires that a city's zoning
ordinance be consistent with its general plan; and
WHEREAS, the Planning Commission of the City of Lake Elsinore continued
item from the May 1, 2012 Planning Commission hearing; and
WHEREAS, public notice of the Amendment has been given and the Planning
Commission of the City of Lake Elsinore has considered the evidence presented by the
Community Development Department and other interested parties at a public hearing
held on June 5, 2012 with respect to this item.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RECOMMEND AS FOLLOWS:
SECTION 1. Prior to making a recommendation to the City Council, the Planning
Commission has reviewed and analyzed the proposed Amendment pursuant to the
California Planning and Zoning Laws (Cal. Gov. Code 65000 et seq.), the Lake
Elsinore General Plan and the Lake Elsinore Municipal Code (LEMC) and finds and
determines that the proposed Amendment is consistent with the requirements of
California Planning and Zoning Law and with the goals and policies of the Lake Elsinore
General Plan and the LEMC.
SECTION 2. That in accordance with the California Planning and Zoning Law
and the LEMC, the Planning Commission hereby makes the following findings for the
Amendment to the LEMC:
1. The proposed amendment and additions will not be a) detrimental to the health,
safety, comfort or general welfare of the persons residing or working within the
neighborhood of the proposed amendment or within the City, or b) injurious to the
property or improvements in the neighborhood or within the City.
PLANNING COMMISSION RESOLUTION NO. 2012-21
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a. The proposed amendments have been analyzed relative to their
potential to have detrimental effects. The proposed amendments will
be beneficial to the public health, safety, comfort and welfare and will
improve public safety on the Lake.
2. The proposed amendment will permit reasonable development of the area
consistent with its constraints and will make the area more compatible with
adjacent properties.
a. The proposed amendment provides for continued use of dock, ramps
and piers that are permitted uses and conditional uses, thereby
enabling a property owner to determine the highest and best use of his
or her land.
b. The proposed amendment will provide standards for private residential
boat docks to ensure that such docks are constructed in a consistent
manner.
3. The proposed amendments are categorically exempt.
a. The amendments will not affect a physical change to the environment.
Boat docks and similar structures are currently allowed in the three
affected zones and will continue to be allowed. The amendments
merely delineates between docks that are a permitted use and dock
that are a conditional use.
SECTION 3. Based upon the evidence presented, both written and testimonial,
and the above findings, the Planning Commission hereby recommends approval of the
Amendment to the City of Lake Elsinore Municipal Code, Title 17 - Zoning, amending
Chapter 17.08 - Definitions, Chapter 17.20 - (L) Lakeshore Overlay District, Chapter
17.104 - (R) Recreational District and Chapter 17.128 - C-P Commercial Park District.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED on
M
5th day of June 2012.
Vice Chairperson
nore
PLANNING COMMISSION RESOLUTION NO. 2012-21
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TT
Warren Morelion, AICP
Acting Community Development Director
PLANNING COMMISSION RESOLUTION NO. 2012-21
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE SS
CITY OF LAKE ELSINORE
I, WARREN MORELION, Acting Community Development Director of the City of
Lake Elsinore, California, hereby certify that Resolution No. 2012-21 was adopted by the
Planning Commission of the City of Lake Elsinore at a regular meeting held on the 5th
day of June 2012, and that the same was adopted by the following vote:
AYES: VICE CHAIRPERSON O'NEAL, COMMISSIONER GONZALES,
COMMISSIONER MORSCH
NOES: NONE
ABSENT: CHAIRPERSON JORDAN, COMMISSIONER BLAKE
ABSTAIN: NONE
Warren Morelion, AICP
Acting Community Development Director