HomeMy WebLinkAboutPC Reso No 2017-90 (Cannabis Dispensaries)RESOLUTION NO.2017.90
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY LAKE ELSINORE
RECCOMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPT AN
ORDTNANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND
REPLACING IN ITS ENTIRETY TITLE 17, CHAPTER 17.156, OF THE LAKE ELSINORE
MUNICIPAL CODE CANNABIS DISPENSARIES AND CULTIVATION wlTH TITLE 17,
CHAPTER 17.I56 CANNABIS USES WTHIN THE M.l AND M-2 ZONE OISTRICTS.
Whereas, Chapter 1 7.'l 56 (Medical Marijuana Dispensaries and Cultivation) of the Lake Elsinore
Municipal Code (LEMC) sets forth the regulation for cannabis related uses; and,
Whereas, pursuant to Title 14 of the California Code of Regulations, Section 15061(b) (3), the
City of Lake Elsinore (City) 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 CEQA; and'
Whereas, Section 17.188.040 of the LEMC requires the Planning Commission (Commission) of
the City 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 November 7, 2017, the 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 L 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 seg.), the Lake Elsinore General Plan
(GP), 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 Zoning Law and other applicable California laws, and with the goals and policies of
the GP and the LEMC.
Section 2. The 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 seg.: "CEQA") and the Guidelines for lmplementation of CEOA (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.
Section 3. ln accordance with Government Code Section 65855, the 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
Reso No. 2017-
Page 2 of 3
the proposed amendmenl.gl Yihin the city, or b) injurious to the property or improvementsin the neighborhood or within the City.
The proposed zoning code amendments have been anatyzed retative to their potentiat tohave detrimental effects and it has been determined thatihe proposea aieiafrints naven.o negative impact upon th.e pubric's hearth, safety, comfoft arri g"nia irtt"rJ o""ru",the amendments wilt provide additionat regutation of medical uia ni"iiii"i cannabiswithin the CiU.
2- The proposed zoning code amendment is consistent with the Goars, poricies andlmplementation Programs of the GP and the development standards established with theLEMC.
The proposed zoning code amendments do not create new zoning districts, removeexisting zoning districts or otherwise modify rand use requirements. rie liipiilo zoningcode amendments do not affect the densiiy or inlensly of uses ana witt'i,it-iiiiiere witnthe imprementation of the goars, poricies and imptementation programs of the Gip.
section 4. Based upon the evidence presented, both written and testimoniar, and the abovefindings, the commission hereby recommends approval of the amendment to LEMC attachedhereto as Exhibit "A".
Section 5. This Resolution shall take effect immediately upon adoption.
Passed and Adopted on this 7th day of Novembe r 2011, by thefollowing vote.
Reso No. 2017-
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that
Resolution No. 2017-90 was adopted by the Planning Commission of the City of Lake Elsinore,
California, at a Regular meeting held of Novembet 7,2017, and that the same was adopted by
the following vote.
AYES: Commissioner's Armit, Carroll and Klaarenbeek; Vice-Chair Ross and Chairman Gray
NOES: None
ABSENT: None
ABSTAIN: None
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