HomeMy WebLinkAboutPC Reso No 2018-102 (Title 15 LEMC)RESOLUTTON NO. 2018-102
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING AMENDING TITLE I5 OF THE LAKE
ELSINORE MUNICIPAL CODE TO ADD CHAPTER ,I5.78 REGARDING HISTORIC
PRESERVATION
Whereas, preservation of important historical resources enhances the quality of life in Lake
Elsinore; and,
Whereas, there are buildings within the City of Lake Elsinore that are currently listed on the
National Register of Historic Places, as California Points of Historical lnterest, as Riverside County
Historical Landmarks and/or as a Local Historic Landmark; and,
Whereas, Section 4.7 of the City of Lake Elsinore General Plan (GP) includes goals that assure
the recognition of the City's heritage through preservation of the City's significant historical sites
and structures and that encourage the preservation, protection, and restoration of historical and
cultural resources; and,
Whereas, the proposed Chapter 15.78 regarding historic preservation (Historic Preservation
Ordinance) which will be added to Title 15 of the Lake Elsrnore Municipal Code (LEMC), includes
definitions, procedures and criteria for nomination and designation of historical landmarks; and
incentives to encourage owners of historic resources to designate, maintain, preserve, rehabilitate,
and improve historic resources; and,
Whereas, on December 4,2018, at a duly noticed Public Hearing the Planning Commission
(Commission) has 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 RECOMMEND TO THE CITY COUNCIL AS
FOLLOWS:
Section 1 : The Commission has reviewed and analyzed the proposed amendment of Title 15 of
the LEMC to add Chapter 15.78 regarding Historic Preservation, pursuant to the California
Planning and Zoning Laws (Cal. Gov. Code Sec 65000 et. seq.), the GP and the LEMC and finds
that the proposed Historic Preservation Ordinance rs consistent with the requirements of
California Planning and Zoning Law and with the goals and policies of the GP and the LEMC.
Section 2: The Commission hereby finds and determines that the proposed Historic Preservation
Ordinance is exempt from the California Environmental Quality Act (Cal. Publ. Res. Code
$$21000 et seq.'CEOA') and the State CEQA Guidelines (14. Cal. Code Regs SS15000 et seq.),
specifically pursuant to Section 15308 (Class 8) which exempt actions taken by regulatory
agencies as authorized by state law or local ordinance to assure the maintenance, restoration or
enhancement or protection ofthe environment where the regulatory process involves procedures
for protection of the environment. As separate and independent grounds, the Commission makes
a finding that the amendment of Title 15 is exempt from the application of CEQA by Section
15061(b)(3) (common sense exemption) in that it can be seen with a certainty that there is no
possibility that adoption of the Historic Preservation Ordinance may have a significant effect on
the environment. These findings are based on the facts that the State authorizes local agencies
to adopt such ordinance, which would further protect an environmental resource subject to
Reso No. 2018-102
Page 2 of 3
protection under CEQA, because it is establishing a process for additional local regulation of
historic structures and properties, is not approving any designation, and is making no physical
change in the environment.
Section 3: ln accordance with Government Code Section 65855, the Commission sets forth the
following findings for its recommendation that the City Council (Council) amend Title 15 of the
LEMC to add Chapter 15.78 regarding Historic Preservation:
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 orwithin 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 amendments have no impact upon the
public's health, safety, comfoft and general welfare because the Historic Preservation
Ordinance's citeria and procedures include public hearing and public notice requirements and
requires the owner's consent prior to the designation of any propefty as a historic landma*.
2. The proposed Historic Preservation Ordinance is consistent with the Goals, Policies and
lmplementation Programs of the GP and the development standards established with the
LEMC.
The Histoic PreseNation Ordinance codifies procedures and criteria for designation of
historic resources and districts, as well as fhe processes and standards for reviewing
proposed demolitions, alterations, and additions to historic resources. These procedures and
citeria implement the histoical preseNation goals, policies and implementation programs of
Section 4.7 (Historic Preservation) of the GP.
Section 4: Based upon the evidence presented, both written and testimonial, and the above
findings, the Commission hereby recommends that the Council approve the amendment of Title
'15 of the LEMC attached hereto as Exhibit "A".
Section 5: This Resolution shall take effect immediately upon its adoption.
Passed and Approved on the 4th day of Decembet, 2018, by the following vote:
Reso No. 2O18-1O2
Page 3 of 3
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
l, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California,
do hereby certify that Resolution No. 20'18- 1 02 was adopted by the Planning Commission of the
City of Lake Elsinore, California, at the Regular meeting of December 4, 2018, and that the same
was adopted by the following vote.
AYES: Commissioner's Gray, Armit; and Chairman Ross
NOES: None
ABSENT: Vice-Chair Carroll and Commissioner Klaarenbeek
ABSTAIN: None