HomeMy WebLinkAbout2014-02-04 PC Agenda Item No. 3CITY OF LAKE ELSINORE
REPORT TO PLANNING COMMISSION
TO: HONORABLE CHAIRMAN
AND MEMBERS OF THE PLANNING COMMISSION
FROM: RICHARD J. MACHOTT, LEED GREEN ASSOCIATE
PLANNING MANAGER
DATE: FEBRUARY 4, 2014
SUBJECT: ZONE CODE AMENDMENT NO. 2014 -02 — A PROPOSED
AMENDMENT OF CHAPTER 17.168 (CONDITIONAL USE PERMITS)
OF THE CITY OF LAKE ELSINORE MUNICIPAL CODE AMENDING
AND CLARIFYING PROVISIONS REGARDING THE SUSPENSION
AND REVOCATION OF CONDITIONAL USE PERMITS.
Background
At its meeting on January 21, 2014 the Planning Commission considered Zone Code
Amendment No. 2014 -01 which proposed revisions to Section 17.168.080 (Lapse of
conditional use permit) and Section 17.168.050 (Action of the Planning Commission) of
the Lake Elsinore Municipal Code (LEMC). During their discussion of this item, the
Commission asked about LEMC Section 17.186.110 concerning the Planning
Commission's ability to suspend and revoke a previously approved Conditional Use
Permit (CUP). The Commission asked that this section be expanded to provide more
detail as to the findings needed in order to revoke a CUP. Staff was requested to
review Section 17.186.110 and working with the City Attorney present a
recommendation to the Commission at its February 4, 2014 meeting.
Proiect Description
Conditional Use Permit approvals are regulated by LEMC Chapter 17.168 which
includes 17.168.110 (Suspension and revocation) which states:
Upon violation of any applicable provision of this chapter, or, if granted
subject to conditions, upon failure to comply with conditions, a conditional
use permit shall be suspended as follows:
PC February 4, 2014 Item No. 3
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PLANNING COMMISSION STAFF REPORT
ZONING CODE AMENDMENT NO. 2014 -02
FEBRUARY 4, 2014
PAGE 2 of 4
The Planning Commission shall notify, in writing, the holder of the
conditional use permit of its intention to hold a hearing to consider
revocation of the use permit. Said notice shall be made at least 10 days
prior to the actual date of the hearing. At the hearing, the Commission
shall consider evidence from all interested parties and after deliberation if
not satisfied that the regulations, general provisions, or condition is being
complied with, may revoke the conditional use permit or take such action
as may be necessary to ensure compliance with the regulations, general
provisions or condition. Within five days following the date of a decision of
the Commission revoking a use permit, the secretary shall transmit to the
applicant and City Council written notice of the decision. The decision
shall become final 15 days following the date on which the use permit was
revoked unless an appeal has been filed.
Staff reviewed the municipal codes of the cities of Riverside, Murrieta, Wildomar, San
Juan Capistrano and Rancho Cucamonga, and the County of Riverside's zoning
ordinance. These regulations contained the following common grounds for revoking
previously approved conditional use permits:
• The CUP is detrimental to the public health safety, or general welfare or a public
nuisance.
• The Permit was obtained in a fraudulent manner.
• There is a violation of the conditions of approval imposed on the CUP.
Other grounds that were less uniformly applied included changes in the circumstances
under which the original permit was granted and the cessation or suspension of the use
for a defined period of time.
The City Attorney, working with staff, prepared recommended amendments to Chapter
17.168 of the LEMC. These amendments address the Planning Commission's request
for a description of the reasons that a CUP can be revoked and also meet applicable
legal requirements. They also provide more detail regarding the due process required
to revoke a CUP (i.e., notice of public hearing, public hearing, notice of decision, and
right of appeal.)
The proposed changes to Chapter 17.168 of the LEMC would provide the following
grounds for suspending or revoking Conditional Use Permit approvals:
• Approval of the conditional use permit was obtained through misrepresentation or
fraud.
• 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.
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PLANNING COMMISSION STAFF REPORT
ZONING CODE AMENDMENT NO. 2014 -02
FEBRUARY 4, 2014
PAGE 3 of 4
• 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 permil
pursuant thereto shall not authorize the maintenance of any public nuisance.
That the use for which the permit was granted has ceased or has been
suspended for one year or more.
The proposed revisions would also clarify that the Planning Commission has the
authority to impose one of three different remedies where it finds at least one of the
above grounds. The Planning Commission would be able to either:
• Suspend the conditional use permit subject to reinstatement upon compliance
with specified conditions;
• Revoke the conditional use permit, or
Modify the conditional use permit by revising or imposing additional conditions
aimed at correcting the grounds which would otherwise justify a revocation.
Environmental Determination
The proposed amendment of Chapter 17.168 of the LEMC is exempt from the California
Environmental Quality Act (Cal. Publ. Res. Code § §21000 et seq. "CEQA ") and the
State CEQA Guidelines (14. Cal. Code Regs § §15000 et seq.), specifically pursuant to
Section 15061(b)(3) (common sense exemption) in that it can be seen with a certainty
that there is no possibility that adoption of Zoning Code Amendment No. 2014 -02 may
have a significant effect on the environment.
Recommendation
Staff recommends that the Planning Commission take the following action:
Approve Resolution No. 2014- ; 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.
Prepared by: Richard J. MacHott, LEED Green Associate It
Planning Manager
Approved by: Grant Taylor .9,-L
Community Development Director
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PLANNING COMMISSION STAFF REPORT
ZONING CODE AMENDMENT NO. 2014 -02
FEBRUARY 4, 2014
PAGE 4 of 4
Attachment:
Resolution No. 2014- 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.
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RESOLUTION NO. 2014-
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.
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PLANNING COMMISSION RESOLUTION NO. 2014 -_
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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.
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PLANNING COMMISSION RESOLUTION NO. 2014 -_
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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, Chairman
City of Lake Elsinore Planning Commission
ATTEST:
Richard J. MacHott, LEED Green Associate
Planning Manager
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PLANNING COMMISSION RESOLUTION NO. 2014-_
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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- 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:
NOES:
ABSENT:
ABSTAIN:
Richard J. MacHott, LEED Green Associate
Planning Manager
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PLANNING COMMISSION RESOLUTION NO. 2014 -_
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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 &haU may
be suspended as follows 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.
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PLANNING COMMISSION RESOLUTION NO. 2014-
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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 holder of the Genditional
permit of its intention to hold a hearing te Gensider FeVOGation of the use permit. Said
nOtiGe shall be made at least I • days prier to the aGtual date of ..
public hearing, the Planning Commission shall consider evidence from all interested
parties and after deliberation if not satisfied that the regulations, geAnrol
GenditiOR is being GGMplied with, may Feveke the Gonditional use permit er take su
oet� •• �► •_ _ r _ • _ _ -an
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 sesretary 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 perm t was reve of the decision unless a+R 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]
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PLANNING COMMISSION RESOLUTION NO. 2014 -_
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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.
Notwithstanding GORditions to the GentFary 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].
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