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Home My WebLink AboutCC Item No. 11 07-26-2011CITY OF LADE V12- LSIAO E DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 26, 2011 SUBJECT: INTERIM URGENCY ORDINANCE OF THE CITY OF LAKE ELSINORE ESTABLISHING A 45 -DAY MORATORIUM ON THE PERMITTING OF BOAT DOCKS WITHIN RECREATION DISTRICTS Background The Lake, Parks & Recreation Department along with the Community Development Department recently received an application for construction of shoreline boat launch facility on the waters of Lake Elsinore. At the June 28, 2011 study session and regular meeting of the City Council, Council members emphasized the need for dock construction standards and requested staff to make progress on completing such standards. The Lake Elsinore Municipal Code does not address the construction standards for docks within the waters of Lake Elsinore. The proposed moratorium would place a hold on dock construction applications for 45 days while the City studies the extent to which dock construction standards should be imposed. Discussion The City's Municipal Code, including the Zoning Code, does not recognize any construction standards for boat docks with the City's "Recreation District" zones which generally includes the Lake. Due to the recent request and the likelihood of additional requests, the need to study appropriate boat dock construction regulation is necessary. Section 65858 of the California Government Code allows adoption of an urgency ordinance if needed for the immediate protection of the public peace, health, or safety. The urgency ordinance must be adopted by 4/5 vote of the City Council and will take effect immediately upon adoption. AGENDA ITEM NO. 11 Page 1 of 6 Urgency Ordinance re Boat Dock Construction Standards July 26, 2011 Page 2 of 2 The urgency ordinance shall be effective for no more than 45 days. The City Council may further extend the urgency ordinance for 10 months and 15 days after a noticed public hearing, and may subsequently extend the ordinance for one additional year. Ten days prior to the expiration of the ordinance, the City Council shall issue a written report describing the measures taken to alleviate the conditions which led to the adoption of the ordinance. Fiscal Impact VST, _ Recommendation 1. Waive further reading and adopt by a four -fifths vote the attached Ordinance by title only: AN INTERIM URGENCY ORDINANCE OF THE CITY OF LAKE ELSINORE ESTABLISHING A 45 -DAY MORATORIUM ON THE PERMITTING OF BOAT DOCKS WITHIN AREAS ZONED AS RECREATION DISTRICTS PURSUANT TO GOVERNMENT CODE SECTION 65858 2. Direct staff to begin studying the establishment of boat dock construction standards and present the City Council with additional information at a future date. Prepared by: Barbara Leibold City Attorney Approved by: Robert A. Brady City Manager Attachment: Ordinance No. 2011 -1291 Page 2 of 6 ORDINANCE NO. 2011 -1291 AN INTERIM URGENCY ORDINANCE OF THE CITY OF LAKE ELSINORE ESTABLISHING A 45 -DAY MORATORIUM ON THE PERMITTING OF BOAT DOCKS WITHIN AREAS ZONED AS RECREATION DISTRICTS PURSUANT TO GOVERNMENT CODE SECTION 65858 WHEREAS, the City of Lake Elsinore Zoning Ordinance is an implementation measure of the General Plan which provides zoning and building standards criteria for specific uses intended to carry out the policies and programs of the General Plan; and WHEREAS, the Lake Elsinore Zoning Ordinance does not provide specific construction regulations for boat docks within those areas zoned as Recreation Districts; and WHEREAS, the City has received an application to construct a boat dock facility on property located within a Recreation District; and WHEREAS, the construction and use of a boat dock without appropriate construction standards could result in the creation of a hazard to the boating public and negative secondary effects to adjacent property owners from ill- constructed boat docks; and WHEREAS, in order to allow time for the City to consider and study possible enactment of uniform boat dock construction standards, it is necessary to suspend the approval and issuance of any and all licenses, permits or other entitlements for the establishment of boat docks within a Recreation District; and WHEREAS, Government Code section 65858 allows the City Council to adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated proposal that the City Council, the Planning Commission, or the Lake, Parks & Recreation Department intends to study within a reasonable time; and WHEREAS, the adoption of this interim ordinance is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to section 15061(b)(3), 15262 and 15306 of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that such adoption may have a significant effect on the environment; and because such adoption involves only feasibility and planning studies for possible future adoption of an ordinance that has not yet been prepared or adopted. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE HEREBY ORDAINS AS FOLLOWS: Page 3 of 6 SECTION 1. The foregoing recitals are true and correct and are hereby incorporated into the body of this Ordinance as substantive findings of the City Council. SECTION 2. The City Council finds and determines as follows: (a) The adoption of this Ordinance is exempt from the application of the California Environmental Quality Act, Public Resources Code Section 21000 et seq., pursuant to Sections 15061(b), 15262 and 15306 of the State CEQA Guidelines, 14 California Code of Regulations Section 15000, et seq.; and (b) There exists a current and immediate threat to the public health, safety and welfare, because applications received for boat docks may be in conflict with the contemplated general plan implementing regulations and construction standard proposals that the City is considering or intends to study within a reasonable time; and (c) There is no feasible alternative to enactment of this interim moratorium that will satisfactorily mitigate or avoid the previously identified impacts to the public health, safety and welfare with a less burdensome or restrictive effect; and (d) In order to ensure the effective implementation of the City's land use objectives and policies, a temporary moratorium on the approval and issuance of any and all licenses, permits or other entitlements for the construction of boat docs is necessary. SECTION 3. Imposition of Moratorium. From and after the date of this Ordinance, no use permit, variance, building permit, or any other entitlement for use shall be approved or issued for the construction or installation of a boat dock within a designated Recreation District for a period of 45 days. SECTION 4. Study. The City Council hereby directs the Lake, Parks & Recreation Department to consider and study possible means of establishing construction standards for boat docks. SECTION 5. Requisite Vote. The City Council hereby enacts this interim urgency Ordinance by not less than a four -fifths vote, and in light of the findings set forth in this Ordinance, under the authority granted to it by Article XI, Section 7 of the California Constitution and Section 65858(a) of the California Government Code, which allows the City to adopt an interim urgency ordinance in order to protect the public safety, health, and welfare, prohibiting any uses that may be in conflict with a zoning proposal that the City Council, Planning Commission or the Lake, Parks & Recreation Department is considering or studying or intends to study within a reasonable time. SECTION 6. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the Page 4 of 6 invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. SECTION 7. Effective Date and Term. This Ordinance shall take effect immediately upon its execution by the Mayor and certification by the City Clerk, and shall be in effect for a period of forty -five (45) days, unless repealed, amended or extended by further action of the City Council as provided in Government Code section 65858. SECTION 8. Expiration. Ten days prior to the expiration of this interim ordinance or any extension thereof, the City Council shall issue a written report describing the measures taken to alleviate the threat to public health, safety and welfare that led to the adoption of the ordinance. SECTION 9. Publication. Within 15 days after adoption of this ordinance, the City Clerk shall cause this ordinance to be published one time in a newspaper of general circulation within the City. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 26th day of July 2011. AMY BHUTTA, MAYOR CITY OF LAKE ELSINORE ATTEST: VIRGINIA BLOOM CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY Page 5 of 6 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 2011 -1291 was passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 26th day of July, 2011 by the following roll call vote: AYES: 101 [Q ABSENT: ABSTAIN: VIRGINIA BLOOM CITY CLERK Page 6 of 6