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HomeMy WebLinkAboutPC Reso No 2014-01RESOLUTION NO. 2014 -01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF ZONING CODE AMENDMENT NO. 2014 -01 AMENDING CHAPTER 17.168 OF THE LAKE ELSINORE MUNICIPAL CODE WHEREAS, Chapter 17.168 (Conditional Use Permits) of the Lake Elsinore Municipal Code ( "LEMC ") sets forth various procedures and regulations regarding the processing and approval of Conditional Use Permits within the City; and WHEREAS, it is in the City of Lake Elsinore's interest to eliminate procedural impediments to the development of commercial, industrial and residential projects within the City of Lake Elsinore; and WHEREAS, many development proposals require the approval of both a Conditional Use Permit application in accordance with Chapter 17.168 of the LEMC and a Design Review application in accordance with Chapter 17.184 of the LEMC; and WHEREAS, LEMC Section 17.168.080 states that a Conditional Use Permit lapses and becomes void one year from its effective date unless a building permit is issued and construction commenced; although LEMC Section 17.184.120 allows two years with up to two one -year extensions of time within which to obtain a building permit and begin construction pursuant to a Design Review approval; and WHEREAS, it has been determined that unless a Conditional Use Permit approval lapses and becomes void pursuant to LEMC Section 17.168.080 that said approval remains in effect indefinitely unless revoked at a public hearing; and that LEMC Section 17.168.050 inaccurately states that a Conditional Use Permit "may be granted for a limited time period "; and WHEREAS, the Community Development Department of the City of Lake Elsinore has initiated Zoning Code Amendment No. 2014 -01 to amend LEMC Section 17.168.080 in order to enable Conditional Use Permit approvals to remain valid for the same period afforded Design Review approval and to correct LEMC Section 17.168.050; 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, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3), the City of Lake Elsinore has determined that it can be seen with certainty that there is no possibility that adoption of Zoning Code Amendment No. 2014 -01 may have a significant effect on the environment; and therefore the zoning code amendment is exempt from CEQA; and PLANNING COMMISSION RESOLUTION NO. 2014 -01 PAGE 2 OF 6 WHEREAS, Section 17.188.040 of the LEMC requires the Planning Commission of the City of Lake Elsinore to review proposed amendments to the LEMC and after examining the proposed amendment to make recommendations of its findings to the City Council; and WHEREAS, at a duly noticed public hearing on January 21, 2014, 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 DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Prior to making a recommendation to the City Council, the Planning Commission has reviewed and analyzed the proposed Zoning Code 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. The Planning Commission hereby finds and determines that Zoning Code Amendment No. 2014 -01 is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq.: "CEQA ") and the Guidelines for Implementation of CEQA (14 California Code of Regulations §§ 15000 et seq.: "State CEQA Guidelines ") pursuant to Section 15061(b)(3) of the State CEQA Guidelines. Specifically, the Planning Commission finds that there is no possibility that adoption of Zoning Code Amendment No. 2014 -01 may have a significant effect on the environment. 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 Code Amendment No. 2014 -01: 1. The proposed zoning code amendments 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. The proposed zoning code amendments have been analyzed relative to their potential to have detrimental effects and it has been determined that the proposed amendments have no impact upon the public's health, safety, comfort and general welfare because the amendments will provide consistency within the City's zoning code and will not change the approval process and related noticing requirements for Conditional Use Permits within the City. 2. The proposed zoning code amendments are consistent with the Goals, Policies PLANNING COMMISSION RESOLUTION NO. 2014 -01 PAGE 3OF6 and Implementation Programs of the General Plan and the development standards established with the LEMC. The proposed zoning code amendments do not create new zoning districts, remove existing zoning districts or otherwise modify land use requirements. The proposed zoning code amendments are procedural in nature and do not affect the density or intensity of uses and will not interfere with the implementation of the goals, policies and implementation programs of the General Plan. SECTION 4. Based upon the evidence presented, both written and testimonial, and the above findings, the Planning Commission hereby recommends approval of the amendments to Chapter 17.168 of the Lake Elsinore Municipal Code attached hereto as Exhibit "A ". SECTION 5. This Resolution shall take from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, on the 21st day of January, 2014. David ]lake;- Chairman City of Lake Elsinore Planning Commission ATTEST: Richard J.` MacHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2014 -01 PAGE 4OF6 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF LAKE ELSINORE ) I, RICHARD MACHOTT, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014 -01 was adopted at a regular meeting of the Planning Commission of the City of Lake Elsinore on the 21st day of January, 2014, by the following roll call vote: AYES: CHAIRMAN BLAKE, VICE CHAIRMAN GRAY, COMMISSIONER JORDAN, COMMISSIONER MORSCH, COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE Richard J. MacHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2014 -01 PAGE 5OF6 EXHIBIT A The following amendments to Chapter 17.168 (Conditional Use Permits) of the Lake Elsinore Municipal Code, which amend Sections 17.186.050 (Action of the Planning Commission) and 17.168.080 (Lapse of conditional use permit) are the currently adopted text with strikethrough text being deleted and underlined text being added. 17.168.050 Action of the Planning Commission. The Commission may grant a conditional use permit as the permit was applied for or in modified form, or the application may be denied. A conditional use permit,,, may be may be granted subject to such conditions as the Commission may prescribe. Conditions may include, but are not limited to, payment of fees; requirements for special yards, open spaces, buffers, fences and walls; requiring installation and maintenance of landscaping; street dedications and general infrastructure improvements; regulations of points of vehicular ingress and egress; control of traffic circulation; regulation of signs; regulations of hours of operation and methods of operation; limitations on attendance; control of potential nuisances; prescribing standards of maintenance of buildings and grounds; phasing; development standards; and such other conditions as the Commission may deem necessary to ensure compatibility of the use with surrounding development and preserve the public health, safety and welfare. [Ord. 772 § 17.74.050, 1986. Code 1987 § 17.74.050]. 17.168.080 Lapse of conditional use permit A GORdifiA-R-Al u-se peFrAit shall lapse and shall be-GOMe void one yeaF fbilOWiRg the date on whiGh the use permit beGaFne effeGtive unle66, PFi0F to the expiration of one year, a building permit is '66ued and ronStWotion rernmenGed and diligently pursu A. A conditional use permit approval shall lapse and become void two years following the date on which the conditional use permit became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the conditional use permit is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the conditional use permit approval pursuant to subsections (B) and (C) of this section. B. The expiration date of an approved conditional use permit may be extended for no more than two years. The first extension may be granted for one year subject to the approval of the Community Development Director after consultation with other City departments if such conditional use permit complies with current laws, standards and policies. The second one -year extension may be granted by the Planning Commission so long as the conditional use permit complies with current laws, standards and policies. PLANNING COMMISSION RESOLUTION NO. 2014 -01 PAGE 6OF6 C Application for extensions of time shall be filed prior to the expiration of the conditional use permit approval and shall be accompanied by a fee in an amount as established by resolution of the City Council. D Any conditional use permit approval granted on or after 2013 up to the effective date of the ordinance codified in this section shall lapse and become void two years following the date on which the conditional use permit became effective, unless one of the exceptions set forth in subsection (A) of this section is satisfied; then, in which case the life of the conditional use permit shall be extended in accordance with subsections (B) and (C) of this section. [Ord. 772 § 17.74.080, 1986. Code 1987 § 17.74.080].