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Home My WebLink AboutPC Reso No 2012-32RESOLUTION NO. 2012 -32 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING APPROVAL OF ZONING CODE AMENDMENT NO. 2012 -03, MODIFYING THE CITY OF LAKE ELSINORE MUNICIPAL CODE, TITLE 17 — ZONING, TO ADD "EMERGENCY SHELTER," "TRANSITIONAL" AND "SUPPORTIVE HOUSING" TO CHAPTER 17.08 — DEFINITIONS, AND ADDING THESE USES AS PERMITTED WITHIN VARIOUS CHAPTERS, AS REQUIRED BY THE STATE OF CALIFORNIA SENATE BILL 2. WHEREAS, the City of Lake Elsinore adopted an update to its General Plan on December 13, 2011 that included an updated Housing Element for the period July 1, 2008 to June 30, 2014 in compliance with applicable laws and California Department of Housing and Community Development guidelines; and WHEREAS, Goal #3 of the City's Housing Element states that the City shall assist in the development of adequate housing to meet the needs of very low, low and moderate - income households, including large families, single parent households, the disabled, senior citizens and shelter for the homeless; and WHEREAS, Program #3.K.i. of the City's Housing Element states that, in order to F1 meet that goal, the City will update its zoning ordinance to identify a zone or zone(s) to permit emergency shelters by right consistent with S132, within one year of adoption of the Housing Element; and WHEREAS, Program #3.K.ii. of the City's Housing Element states that, in order to meet that goal, the City will amend its zoning ordinance to allow transitional and supportive housing be treated as residential uses subject to the same development standards and restrictions that apply to similar housing types in the same zone consistent with SB2, within one year of adoption of the Housing Element; and WHEREAS, Government Code Section 65103 empowers the legislative body to implement the General Plan through actions including, but not limited to, the administration of zoning ordinances; and WHEREAS, Resolution No. 2004 -11 of the City of Lake Elsinore, which establishes procedures and requirements for implementation of the Western Riverside County Multiple Species Habitat Conservation Plan, specifically exempts the adoption or amendment of any land use or zoning ordinance in Section IV — Exemptions: and WHEREAS, public notice of Zoning Code Amendment No. 2012 -03 has been given and the Planning Commission of the City of Lake Elsinore has considered the F1 evidence presented by the Community Development Department and other interested parties at a public hearing held on October 2, 2012 with respect to this item. PLANNING COMMISSION RESOLUTION NO. PC 2012 -32 Page 2 of 5 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 proposed Zoning Code Amendment No. 2012- 03 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 Zoning Code Amendment to the LEMC: 1. Proposed Zoning Code Amendment No. 2012 -03 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. a. The proposed Zoning Code Amendment has been analyzed relative to its potential to have detrimental effects and standards have been identified to ensure that the health, safety and welfare of surrounding residents will be protected. The proposed Zoning Code Amendment will be beneficial to the public health, safety, comfort and welfare by specifying appropriate zoning districts within the City where emergency shelters, transitional and supportive housing may be developed. Furthermore, the development of such uses will follow "Use Standards" and "Development Standards" which have been formulated in compliance with State law, and which ensure compatibility with surrounding neighborhoods. 2. Proposed Zoning Code Amendment No. 2012 -03 will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. a. The proposed Zoning Code Amendment provides a Definition of "Emergency Shelter," `Transitional Housing" and "Supportive Housing" as defined by State law. b. The proposed Zoning Code Amendment provides detailed use and development standards where necessary to ensure that emergency shelters are compatible with adjacent properties. C. Included in the use standards are specifications regarding the number of beds, hours of operation, management of the shelter, use of the F1 program, objective of the program, length of stay, licensing, and the provision of a Shelter Management Plan. PLANNING COMMISSION RESOLUTION NO. PC 2012 -32 Page 3 of 5 3. The proposed Zoning Code Amendment would establish a land use density, intensity and usage more in character with the subject property's location, access, and constraints. a. The proposed Zoning Code Amendment has identified appropriate zoning districts within the City that have other land uses and intensities compatible with emergency shelter facilities. The Amendment also has identified appropriate zoning districts within the City with residential densities compatible with transitional and supportive housing. b. The proposed Zoning Code Amendment provides detailed development standards to ensure that emergency shelters are compatible with adjacent properties, including the design of waiting areas, distance between shelters, external lighting, parking requirements, ADA access and amenities offered. 4. The proposed Zoning Code Amendment increases the number of potential dwelling units that may be developed on the sites. a. The City's Density Bonus Ordinance may apply to transitional and supportive housing projects were appropriate which could increase the number of potential dwelling units on sites proposed for transitional and supportive housing. 5. The proposed Amendment will not have a significant effect on the environment. The potential impacts of the General Plan Update have been analyzed in the Recirculated Environmental Impact Report (SCH #2005121019) prepared for the General Plan and its related cases, and adequate mitigation measures have been prepared where necessary. SECTION 3. Based upon the evidence presented, both written and testimonial, and the above findings, the Planning Commission hereby recommends approval of Zoning Code Amendment No. 2012 -03 to the City of Lake Elsinore Municipal Code, Title 17 — Zoning, adding "Emergency Shelter," "Transitional" and "Supportive Housing" to Chapter 17.08 — Definitions, and adding these uses as permitted within various Chapters, as shown in attached Exhibit'A.' SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. rPASSED, APPROVED AND ADOPTED on this second day of October 2012. I PLANNING COMMISSION RESOLUTION NO. PC 2012 -32 Page 4 of 5 Rick Morsch, Chairman City of Lake Elsinore Planning Commission kATTES 7y Warren Morelion, AICP Acting Director of Community Development F1 PLANNING COMMISSION RESOLUTION NO. PC 2012 -32 Page 5 of 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE J I, WARREN MORELION, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. PC- 2012 -32 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the second day of October 2012, and that the same was adopted by the following vote: AYES: CHAIRMAN MORSCH, VICE CHAIRMAN O'NEAL, COMMISSIONER BLAKE, COMMISSIONER GRAY NOES: NONE ABSENT: COMMISSIONER JORDAN ABSTAIN: NONE F1Warren Morel ion, AICP Acting Director of Community Development it