HomeMy WebLinkAboutPC Reso No 2009-21
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RESOLUTION NO. 2009-21
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LAKE ELSINORE, CALIFORNIA,
RECOMENDING TO THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE APPROVAL OF ZONING
ORDINANCE TEXT AMENDMENT NO. 2009-01 AND THE
ADOPTION OF THE NEGATIVE DECLARATION
THEREFORE
WHEREAS, the Community Development Department of the City of Lake
Elsinore has initiated Zoning Ordinance Text Amendment No. 2009-01, which amends
sections 17.08.090, 17.08.160, 17.64.030, 17.68.030, 17.72.030, 17.76.020, 17.80.020,
17.84.020, 17.116.030, 17.120.030, 17.124.020, and 17.132.030 of the Lake Elsinore
Municipal Code (the "Proposed Amendments") regarding religious assembly, institution,
and structures; and
WHEREAS, the City of Lake Elsinore wishes to provide clear standards
for the establishment and implementation of religious assembly, institution, and
structures, which can be applied throughout the City of Lake Elsinore; and
WHEREAS, on September 27, 2000, the Religious land Use and
Institutionalized Persons Act (Pub. L. No 106-274, 114 Stat. 903 (codified at 42 U.S.C. ~
2000cc-2000c-5): "RlUIPA") was enacted into federal law to (1) prohibit discrimination
against any religious assembly or institution on the basis of religion when rendering land
use decisions, (2) prohibit the placement of unreasonable limits on religious assemblies,
institutions or structures when rendering land use decisions, and (3) prohibit the
complete exclusion of religious assemblies from a particular jurisdiction when rendering
land use decisions; and
WHEREAS, in accordance with Title 14 of the California Code of
Regulations, Section 15070, the City of Lake Elsinore prepared a proposed negative
declaration to analyze the potential environmental impacts associated with the City's
adoption of Zoning Ordinance Text Amendment No. 2009-01; and
WHEREAS, Section 17.188.050 of the lEMC stipulates that the Planning
Commission render its recommendation on a Zoning Ordinance Text Amendment,
including the reasons for the recommendation, to the City Council; and
WHEREAS, at a duly noticed public hearing, held on March 3, 2009, the
Planning Commission considered evidence presented by the Community Development
Department and other interested parties 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:
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Planning Commission Resolution No. 2009-21
Page 2 of 5
SECTION 1. The Planning Commission considered the proposed Negative
Declaration before making its recommendation that the City Council approve the
environmental document.
SECTION 2. The Planning Commission hereby finds and determines that
in accordance with Title 14 of the California Code of Regulations, section 15070 it was
appropriate to prepare a Negative Declaration for Zoning Ordinance Text Amendment
No. 2009-01 since the initial study revealed that there was no substantial evidence in
light of the whole record, that the project may have a significant effect on the
environment. The purpose of Zoning Ordinance Text Amendment No. 2009-01 is to
define religious assembly, institution, and structures, and will also broaden certain land
use descriptions to refer to "religious assembly, institution, and structures," instead of
"churches" in an effort to further comply with RLUIPA.
SECTION 3. In accordance with Government Code Section 65855, the
Planning Commission sets forth the following findings for its recommendation that the
City Council approve Zoning Ordinance Text Amendment No. 2009-01:
1. The Proposed Amendments will define religious assembly, institution,
and structures, and will broaden certain land use descriptions to refer to "religious
assembly, institution, and structures," instead of "churches" in an effort to further comply
with RLUIPA.
2. The Proposed Amendments are consistent with the current General
Plan and will assist in the provision of a well-balanced mix of land uses, including
religious land uses.
3. The Proposed Amendments do not create new districts and do not
exclude religious land uses from any particular zoning district. The Proposed
Amendments simply clarify the definition of religious assembly, institution, and
structures, and revise references made to "churches". Text Amendment No. 2009-01 is
not proposing any new zoning districts that would require General Plan/Zoning Code
consistency findings.
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 amend the following sections of the LEMC:
17.08.090 I definitions.
"Institutional use" means a non-profit or quasi-public use or institution, such as
a ohuroh place of reliaious assemblv or institution, library, public or private school,
hospital, or municipally owned or operated building, structure or land, used for public
purpose.
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Planning Commission Resolution No. 2009-21
Page 3 of 5
17.08.160 P definitions.
"Places of Religious Assembly or Institution" means places of religious
assembly or institution including, but not limited to: churches, mosques, synagogues,
temples, halls, or other structures or land used by people for purposes of religious
exercise.
17.64.030 Uses subject to a conditional use permit.
T. Churches Places of Reliaious Assembly or Institution located on a site at least
one (1) acre in size.
17.68.030 Uses subject to a conditional use permit.
E. Churches Places of Reliaious AssemblY or Institution located on a site at least
one (1) acre in size.
17.72.030 Uses subject to a conditional use permit.
D. Chur{)hes Places of Reliaious AssemblY or Institution located on a site at
least one (1) acre in size.
17.76.020 Permitted uses.
I. Churches Places of Reliaious Assembly or Institution located on a site at least
one (1) acre in size.
17.80.020 Permitted uses.
K. Churcf:les Places of Reliaious Assembly or Institution located on a site at least
one (1) acre in size.
17.84.020 Permitted uses.
K. Churches Places of Reliaious Assembly or Institution located on a site at least
one (1) acre in size.
17.116.030 Uses subjectto a conditional use permit.
A. Churcf:les Places of Reliaious AssemblY or Institution.
17.120.030 Uses subject to a conditional use permit.
C. Churches Places of Reliaious Assembly or Institution.
17.124.020 Permitted uses.
A. Churches Places of Reliaious Assembly or Institution.
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Planning Commission Resolution No. 2009-21
Page 4 of 5
17.132.030 Uses subject to a conditional use permit.
U. Churcl'los Places of Reliqious Assemblv or Institution located on a site at
least one (1) acre in size. locatinlil in an existing C M structure eR a temparary basis
subjeolla the follo'llin9 iR additiaA ta all other conditieAs of a Use Permit:
1. Pra',ide restristians OR shurch operatianal heurs so it €lees nat
interfere with other C M "'ses.
2. The "'Ge may be permitted a maximum number of 1'.\113 (2) years with
na extensians aAd subject ta annual r-eview.
a. Churches may nat be lacated v:ithin ane I'I"'Rdred (100') roet fram a
M 1 zoned praperty.
<I. Na twe (2) churches shall be leGated within ane thausand (1,GOO')
roet af one anather within a C M Zone.
S. Meet all local and state building accupaAsy requirements.
6. CampliaAce \',ith raquirements af Sectian17.66.070 regarding
previsians for sl'lared and eff site parking.
SECTION 5. This Resolution shall take effect fram and after the date af
its passage and adaptian.
PASSED, APPROVED AND ADOPTED this 3rd day of March 2009.
ct~(JCu~ '
Axel ane i, hairman
City af Lake Elsinare
ATTEST:
~~rJ._
Tam Weiner
Acting Directar af Cammunity Development
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Planning Commission Resolution No. 2009-21
Page 5 of 5
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
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)ss.
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I, TOM WEINER, Acting Director of Community Development of the City of Lake
Elsinore, California, hereby certify that Resolution No. 2009-21 was
adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting
held on the 3rd day of March 2009, and that the same was adopted by the following
vote:
AYES:
CHAIRMAN AXEL ZANELLI, VICE-CHAIRMAN JIMMY FLORES,
COMMISSIONER'S JOHN GONZALES, PHIL MENDOZA, AND
MICHAEL O'NEAL
NOES:
ABSENT:
ABSTAIN:
None
None
None
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Tom Weiner
Acting Director of Community Development