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HomeMy WebLinkAboutPC Reso No 2013-46RESOLUTION NO. 2013 -46 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVE ZONING CODE AMENDMENT NO. 2013 -03, MODIFYING THE CITY OF LAKE ELSINORE MUNICIPAL CODE, TITLE 17 — ZONING, ADDING CHAPTER 17.106 "P /I PUBLIC /INSTITUTIONAL DISTRICT." WHEREAS, the City of Lake Elsinore adopted an update to its General Plan on December 13, 2011; and WHEREAS, properties in the City have been designated "Public /Institutional' on the General Plan Land Use Map; and WHEREAS, an appropriate zone is not currently available that is entirely consistent and compatible with the "Public /Institutional' designation; 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. 2013 -03 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 March 19, 2013 with respect to this item. 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 has reviewed and analyzed proposed Zoning Code Amendment No. 2013 -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: PLANNING COMMISSION RESOLUTION NO. 2013 -46 Page 2 of 4 1. Proposed Zoning Code Amendment No. 2013 -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 will be beneficial to the public health, safety, comfort and welfare by specifying appropriate zoning districts within the City where public and institutional uses are identified and permitted. 2. Proposed Zoning Code Amendment No. 2013 -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 list of permitted uses. 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 existing public and institutional uses. 4. 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 City of Lake Elsinore General Plan and its related cases which was certified on December 13, 2011, 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. 2013 -03 to the City of Lake Elsinore Municipal Code, Title 17 — Zoning, adding Chapter 17.106 — PI Public /Institutional Zoning District, as shown on Exhibit "A." SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this nineteenth day of March 2013. PLANNING COMMISSION RESOLUTION NO. 2013 -46 Page 3 of 4 Rick Morsch, Chairman City of Lake Elsinore Planning Commission ATTEST: Richard J. NMacHott, LEED Green Associate Acting Planning Manager PLANNING COMMISSION RESOLUTION NO. 2013 -46 Page 4 of 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, RICHARD J. MACHOTT, Acting Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. PC- 2013 -46 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the nineteenth day of March 2013, and that the same was adopted by the following vote: AYES: CHAIRMAN MORSCH, VICE CHAIRMAN O'NEAL, COMMISSIONER BLAKE, COMMISSIONER GRAY, COMMISSIONER JORDAN NOES: NONE ABSENT: NONE ABSTAIN: NONE Richard J. MacHott, LEED Green Associate Acting Planning Manager