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HomeMy WebLinkAboutPC Reso No 2014-02RESOLUTION NO. 2014 -02 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 -02 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, LEMC Section 17.168.110 states that upon violation of any applicable provisions of LEMC Chapter 17.168 or failure to comply with any applied conditions of approval, a conditional use permit shall be suspended by the Planning Commission in accordance with the procedures set forth in Section 17.168.110; and WHEREAS, it is in the City of Lake Elsinore's interest to clearly explain the specific conditions under which a previously approved conditional use permit may be suspended or revoked and the due process procedures required for the Planning Commission to take such action; and WHEREAS, at the Planning Commission's request, the Community Development Department of the City of Lake Elsinore has initiated Zoning Code Amendment No. 2014 -02 to amend LEMC Chapter 17.168 provisions regarding the suspension or revocation of conditional use permit approvals; 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 -02 may have a significant effect on the environment; and therefore the zoning code amendment is exempt from CEQA; and 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 February 4, 2014, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item. PLANNING COMMISSION RESOLUTION NO. 2014 -02 PAGE 2OF7 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 -02 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 -02 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 -02: 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 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. PLANNING COMMISSION RESOLUTION NO. 2014 -02 PAGE 3OF7 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 4th day of February, 2014. David Blake, Chairm City of Lake ElsinqX Planning Commission ATTEST: Richard acHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2014 -02 PAGE 4 OF 7 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 -02 was adopted at a regular meeting of the Planning Commission of the City of Lake Elsinore on the 4th day of February, 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 .1 V4acHoft, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2014 -02 PAGE 5OF7 EXHIBIT A The following amendments to Chapter 17.168 (Conditional Use Permits) of the Lake Elsinore Municipal Code, which amend Section 17.168.090 (Preexisting conditional uses), Section 17.186.110 (Suspension and revocation) and Section 17.168.130 (Use permit to run with the land) is the currently adopted text with strikethrough text being deleted and underlined text being added. 17.168.090 Preexisting conditional uses. A conditional use legally established prior to the effective date of the ordinance codified in this chapter, or prior to the effective date of subsequent amendments to the regulations of zone boundaries, shall be permitted to continue; provided, that it is operated and maintained in accord with the conditions prescribed at the time of its establishment and except as provided in Section 17.168.110. Any alteration or expansion of a preexisting conditional use shall be permitted only upon the granting of a use permit as prescribed in this section. [Ord. 772 § 17.74.090, 1986. Code 1987 § 17.74.090]. 17.168.100 Modification of conditional use permit. An application for modification, expansion or other change in a conditional use permit shall be reviewed according to the provisions of this chapter in a similar manner as a new application. [Ord. 772 § 17.74.100, 1986. Code 1987 § 17.74.100]. 17.168.110 Suspension and revocation. A conditional use permit shall may be suspended as— follews or revoked by the Planning Commission pursuant to the provisions of this section on any of the following grounds: 1. Approval of the conditional use permit was obtained through misrepresentation or fraud. 2. That the use is being conducted in violation of the terms and conditions of the permit or in violation of any applicable licenses, permits, regulations, laws, or ordinances. 3. Circumstances under which the conditional use permit was approved have changed such that the use has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a public nuisance. The provisions of Chapter 17.168 and the approval of a conditional use permit pursuant thereto shall not authorize the maintenance of any public nuisance. PLANNING COMMISSION RESOLUTION NO. 2014 -02 PAGE 6 OF 7 4. That the use for which the permit was granted has ceased or has been suspended for one year or more. B. Prior to any suspension, revocation or modification of a conditional use permit, the Planning_ Commission shall hold a public hearing. The hearing shall be preceded by notice given in the same manner as was required to be given for consideration of issuance of the conditional use permit. C. The Planning Commission shall notify, in writing, the holder of the Genditional U. peFFnit of its intention to held a heaFing tO GORsider reveGation of the use permit. Said nOtiGe shall be Fnade at least 10 days prier to the aratual date of the hea4Rq-. At the public hearing, the Planning Commission shall consider evidence from all interested parties and afteF delibeFation if not satisfied that the regulations, general p i i , Gendition is being GOMplied with, may revoke the Genditional use peFrnit eF take su aGtion as may be neGessaFy to ensure rornplianGe with the Fegulations, general If, based upon the testimony and the facts presented or by investigation, the Planning Commission finds that any one of the -grounds set forth in subsection A of this section exist, the Planning Commission may: 1. suspend the conditional use permit subject to reinstatement upon compliance with specified conditions; 2. revoke the conditional use permit, or 3. modify the conditional use permit by revising or imposing additional conditions aimed at correcting the grounds which would otherwise justify a revocation. Within five days following the date of a decision of the Commission suspending, revoking or modifying a conditional use permit, the sesretaFy Community Development Director or his /her designee shall transmit to the applicant and City Council written notice of the decision. The decision shall become final 15 calendar days following from the date on whiGh the use peffn t war, Feve of the decision unless ae a written appeal of the action has been filed with the City Clerk within said 15 calendar days from the date of the decision pursuant to the provisions of Chapter 17.180 LEMC. [Ord. 772 § 17.74.110, 1986. Code 1987 § 17.74.110] PLANNING COMMISSION RESOLUTION NO. 2014 -02 PAGE 7OF7 17.168.120 Reapplication. Following the denial of a conditional use permit application or the revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the conditional use permit. [Ord. 772 § 17.74.120, 1986. Code 1987 § 17.74.120]. 17.168.130 Use permit to run with the land. Subject to the provisions of Section 17.168.110, a conditional use permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the conditional use permit application. [Ord. 772 § 17.74.130, 1986. Code 1987 § 17.74.130].