HomeMy WebLinkAboutPC Reso No 2016-70 (Wireless Comm. Facilities, Title 17)RESOLUTION NO. 2016-70
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA, APPROVAL OF MUNICIPAL CODE
AMENDMENT NO. 2016.05 AMENDING TITLE 17 OF THE LAKE ELSINORE
MUNICIPAL CODE TO: (1) AMEND CHAPTERS '17.60, 17.64, 17.68, 17.72,
17.76,'17.80, AND 17.84 REGARDING ANTENNAS, SATELLITE DISHES, AND
SIMILAR DEVICES; AND (2) ADD CHAPTER 17.186 PROVIDING FOR THE
REGULATION OF WIRELESS COMMUNICATIONS FACILITIES AND
MODIFYING VARIOUS CHAPTERS RELATED TO USES.
Whereas, Chapter 17.186 (Wireless Communication Facilities) of the Lake Elsinore Municipal
Code (LEMC) sets forth the regulation for Wireless Communication Facilities; 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. 2016-05 may have a significant effect on the
environment; and therefore the zoning code amendment is exempt from California Environmental
Quality Act (CEQA); and,
Whereas, Section 17.1 88.040 of the LEMC requires the Planning Commission of the City of Lake
Elsrnore to review the proposed amendment to the LEMC identified in "Exhibit A" and after
examining the proposed amendment to make recommendations of its findings to the City Council
(Council); and.
Whereas, at a duly noticed Public Hearing on September 20, 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 Council, the Planning Commission has
reviewed and analyzed the proposed Zoning Code Amendment pursuant to the California
Planning and Zonrng Laws (Cal. Gov. Code SS 65000 et seq.), the Lake Elsinore General Plan,
the LEMC, and other applicable California laws and finds and determines that the proposed
Amendment is consistent with the requirements of California Planning and Zoning 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. 2016-05 is exempt from the California Environmental Quality Act (Public
Resources Code $$ 21000 et seq.. 'CEOA') and the Guidelines for lmplementation of CEQA (14
California Code of Regulations SS 15000 et seq.: "State CEQA Guidelines") pursuant to Section
15061 (bX3) of the State CEQA Guidelines. Specifically, the Planning Commission finds that there
is no possibility that adoption of Municipal Code Amendment No. 2016-05 may have a significant
effect on the environment.
Reso No. 2016-70
Page 2 of 3
Section 3. ln accordance with Government Code Section 65855, the Planning Commission sets
forth the following findings for its recommendation that the Council approve Municipal Code
Amendment No. 2016-05:
1.The proposed Zoning Code Amendment 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) inlurious to the property or improvements
in the neighborhood or within the City.
The proposed Zoning Code Amendment has been analyzed relative to its potentialto have
detrimental effects and it has been determined that the proposed amendment has no
negative impact upon the public's health, safety, comfort and generalwelfare because the
amendment will provide additional regulation for the placement of Wireless
Communication Facilities within the City.
The proposed zonrng code amendment is consistent with the Goals, Policies and
lmplementation Programs of the General Plan and the development standards
established with the LEMC.
The proposed Zoning Code Amendment does not create new zoning districts, remove
existing zoning districts or otherwise modify land use requirements. The proposed zoning
code amendment does not affect the density or intenslty of uses and will not inteffere 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 amendment to LEMC
attached hereto as Exhibit "A'.
Section 5. This Resolution shall take effect immediately upon adoption.
Passed and Adopted at a Regular meeting of the Planning Commission of the City of Lake
Elsinore, California, on the 20th day of September, 2016.
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Reso No. 2016-70
Page 3 of 3
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2016-70 was adopted by the Planning Commission of the City of Lake Elsinore,
California, at the Regular meeting of September 20, 2016, and that the same was adopted by the
following vote:
AYES: Commissioner's Ross, Carroll and Klaarenbeek; Vice-Chair Gray and Chairman
Armit
NOES: None
ABSTAIN: None
ABSENT: None
SS,
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