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HomeMy WebLinkAboutStaff Report - Overnight Camping Ordinance 1 REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PUBLIC SAFETY ADVISORY COMMISSION FROM: GRANT TAYLOR, COMMUNITY DEVELOPMENT DIRECTOR DATE: January 21, 2015 SUBJECT: Discussion to amend provisions of the Lake Elsinore Municipal Code (LEMC) regulating overnight camping RECOMMENDATION Staff recommends that the Public Safety Advisory Commission consider existing Lake Elsinore Municipal Code (LEMC) provisions, reasonable property rights, potential negative impacts, reasonable number of days and durations for overnight camping permits, and provide recommendations. BACKGROUND Properties abutting the lake conduct overnight camping activities that are sometimes not consistent with provisions set forth in the LEMC and result in complaints pertaining to blight, aesthetics, storage, trash, noise, light, glare, and water quality. Existing LEMC provisions are not well defined or written and difficult to enforce. In an effort to allow property o wner’s enjoyment of their property, while still protecting properties in the vicinity from negative impacts, staff has been directed to update overnight camping provisions with an amended ordinance. DISCUSSION A number of LEMC Sections regulate overnight camping activities (attached) to include: 17.20.040(J) – Requires campsites to obtain a special camping permit. 17.20.60 – Campers, RV’s, and trailers must be removed after each permit. Agenda Item No. 5 2 17.20.070 – Trash containers must be provided and trash/debris removed. 17.176.40 – Loud noises are not permitted per City noise regulations. 17.200.70 – Overnight camping regulations. 8.20.030 – Campfire and Fire Department regulations. The primary regulations for overnight camping are set forth in LEMC Chapter 17.200, Temporary Uses, as overnight camping is a temporary use. LEMC Section 17.200.070, Overnight Camping, states in part: A) Overnight camping may be permitted for security or seasonal temporary use. B) Overnight camping shall be limited to fully self-contained vehicles. C) Overnight camping shall not be allowed at any location more than four times per year. D) Overnight camping shall obtain County Health Department approval. E) Overnight camping shall require a permit. This item is an effort to facilitate discussion and recommendations from the public and PSAC to forward to the Lake Subcommittee, Planning Commission, and ultimately the City Council for final adoption of an ordinance. Areas of concern to address in the ordinance include but are not limited to: 1) Reasonable enjoyment of private property. 2) Constitutional rights of property owners. 3) Allowing only property owners and family to camp overnight. 4) Allowing non-property owners and family to camp overnight. 5) Allowing property owners to lease their property for camping (effectively a business). 6) Number of times overnight camping is permitted per year. 7) Duration of overnight camping per each permit. 8) Authorized accessory uses and activities. 9) Prohibited accessory uses and activities. 10) Water quality and regulatory agency mandates. FISCAL IMPACT The overnight camping permit fee should recover staff costs for administration and inspections. Enforcement actions and response to complaints would require additional staff time. 3 ENVIRONMENTAL DETERMINATION A draft ordinance is expected to be Categorically Exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Class 21 – CEQA Guidelines Section 15321, Enforcement Actions by Regulatory Agencies. Attachments: Special Camping Application and Permit LEMC Sections: 17.20 Lakeshore Overlay District 17.176 Noise Control 17.200 Temporary Uses 8.20 Burning and Fire Hazards