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HomeMy WebLinkAboutPC Reso No 2016-10 (MCA 2016-01)RESOLUTION NO. 2016.10 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 MUNICIPAL CODE AMENDMENT 2016.01 AMENDING CHAPTERS 17.148 AND 17,200 OF THE CITY OF LAKE ELSINORE MUNICIPAL CODE. WHEREAS, Chapter '17.148 (Parking Requirements) of the Lake Elsinore Municipal Code ("LEMC") sets forth the regulation of parking on private property; and WHEREAS, Chapter 17.200 (Temporary Uses) of the Lake Elsinore Municipal Code ("LEMC") sets forth the regulation of Temporary Uses on private property; 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 Municipal Code Amendment No. 2016-01 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 identified in "Exhibit A" and "Exhibit B" 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 19,2016, 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 SS 65000 et seq.), the Lake Elsinore General Plan, the Lake Elsinore Municipal Code (LEMC), and other applicable California laws and finds and determines that the proposed Amendment is consistent with the requirements of California Planning and Zontng Law and other applicable California laws, 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 Municipal Code Amendment No. 20'15-04 is exempt from the California Environmental Quality Act (Public Resources Code SS 21000 ef seq.: "CEOA") and the Guidelines for lmplementation of CEQA (14 California Code of Regulations SS 15000 ef 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 PLANNING COMMISSION RESOLUTION NO. 2016.10 PAGE 2 OF 4 Municipal Code Amendment No. 2015-04 may have a significant effect on the environment. SECTION 3. ln 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 negative impact upon the public's health, safety, comfoft and general welfare because the amendments will provide additional regulation of medical marijuana within the City. 2. The proposed zoning code amendments are consistent with the Goals, Policies and lmplementation Programs of the General Plan and the development standards established with the LEMC. The proposed zoning code amendments do not create new zoning dlstrlcts, remove existing zoning districts or othenuise modify land use requirements. The proposed zoning code amendments do not affect the density or intensity of uses and will not inbrtere 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 17.156 ol 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 19th day of January, 2016. PLANNING COMMISSION RESOLUTION NO. 2016-10 PAGE 3 OF 4 City of Lake Elsinore Planning Commission ATTEST: ) )ss ) PLANNING COMMISSION RESOLUTION NO. 2016.10 PAGE 4 OF 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE l, Justin Kirk, Senior Planner of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016-10 was adopted at a regular meeting of the Planning Commission of the City of Lake Elsinore on the 1 9th day of January ,2016, by the following roll call vote. AYES: CHAIRMAN JORDAN, COMMISSIONER GRAY COMMISSIONER FLEMING, COMMISSIONER RAY NOES: NONE ABSTAIN: NONE ABSENT: VICE CHAIR ARMIT Justin