HomeMy WebLinkAboutPC Reso No 2019-23 (AMEND TITLE 17 ZONING)RESOLUTTON NO.20t9-23
A RESOLUTION OF THE PLANNING COMi,IISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOi'IMENDING AMENDilIENTS TO TITLE I7 - ZONING
OF THE LAKE ELSINORE ilIUNICIPAL GODE RELATED TO SIDEWALK VENDORS
Whereas, on September '17,2018, Governor Brown approved Senate Bill 946, effective January
1 , 201 9, which establishes a regulatory framework for non-motorized sidewalk vendors, and which
recognizes the authority of local jurisdic{ions to impose certain restrictions on sidewalk vendors
in accordance with State law; and,
Whereas, the City desires to amend the Lake Elsinore Municipal Code (LEMC) to regulate
sidewalk vendors in accordance with State law in order to promote the health, safety, and general
welfare of the residents and businesses within the City; and,
Whereas, amendment of the LEMC to regulate sidewalk vendors requires several amendments
to Title 17 related to definitions and the commercial and residential mixed-use zoning districts;
and,
Whereas, Section 17.188.040 of the LEMC requires the Planning Commission (Commission) of
the City of Lake Elsinore (City) to review proposed amendments to Title '17 and after examining
a proposed amendment to make recommendations of its findings to the City Council (Council);
and,
Whereas, on May 7,2019, at a duly noticed Public Hearing the Commission has considered
evidence presented by the Community Development Department and other interested parties with
respect to this item.
NOW, THEREFORE, THE PLANNING COMi|IISSION OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND RECOMMEND TO THE CITY COUNCIL AS
FOLLOWS:
Section t The Commission has reviewed and analyzed the proposed amendments of Title 17 of
the LEMC pursuant to the California Planning and Zoning Laws (Cal. Gov. Code Sec 65000 et.
seq.), the Lake Elsinore General Plan (GP) and the LEMC and finds that the proposed
amendments are consistent with the requirements of California Planning and Zoning Law and
with the goals and policies of the GP and the LEMC.
$g!!q! The Commission hereby finds and determines that the proposed amendments to the
LEMC are exempt from the California Environmental Quality Act (Cal. Publ. Res. Code SS21000
et seq. "CEQA") and the State CEQA Guidelines ('14. Cal. Code Regs SS15000 et seq.),
specifically pursuant to pursuant to Sections 15060(cX2), 15060(cX3), and 15061(bX3) of the
State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect
physical change in the environment, because there is no possibility that it may have a significant
effect on the environment, and because it is not a "project" as that term is defined in Section
15378 of the State CEQA Guidelines.
Section 3: ln accordance with Government Code Section 65855, the Commission sets forth the
following findings for its recommendation that the Council amend Title 17 of the LEMC.
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.
Reso No. 2015-23
Page 2 of 2
The proposed zoning code amendments have been analyzed relative to thei potential to have
detrime'ntal effects ind it has been determined that the amendments have no impact upon the
pubtic's health, safety, comfort and general welfare because the State legislature has found'that sidewalk vendiig contibutes to a safe and dynamic public space and that safety and
public wetfare is promoted by the proper regulation of sidewalk vending-
2. The proposed zoning code amendments are consistent with the Goals, Policies and
lmplehehtation Programs of the GP and the development standards established with the
LEMC.
The proposed zoning code amendments do not create new zoning dtstncts, remove. existing
zoning 'districts or otherwise modify land use requirements. The proposed zoning code
amen-dments do not affect the density or intensity of uses and will not inteiere with the
imptementation of the goals, policies and implementation programs of the GP.
Section 4: Based upon the evidence presented, both written and testimonial, and the above
tinOingsjre Commission hereby recommends that the Council approve the amendment of Title
17 of the LEMC attached hereto as Exhibit "A".
!gg!!qf. This Resolution shall take effect immediately upon its adoption.
Passed and Approved on this 7th day of May, 2019, by the following vote:
CITY OF LAKE ELSINORE )
l, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California,
do hereby certify that Resolution No. 2019-23 was adopted by the Planning Commission of the
City of Lake Elsinore, California, at the Regular meeting of May 7,2019, and that the same was
adopted by the following vote:
AYES: Commissioner's Gray, Armit and
NOES: None
ABSENT: None
ABSTAIN: None
CALIFORNIA
L
Ross, Chairman