HomeMy WebLinkAboutResolution 2021-01 LEMC Title 17 Zoning Accessory Dwelling UnitsRESOLUTION NO. 2021-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING AMENDMENTS TO TITLE 17 -
ZONING OF THE LAKE ELSINORE MUNICIPAL CODE RELATED TO
ACCESSORY DWELLING UNITS
Whereas, on AB 3182 (2020), became effective January 1, 2020 and SB 13, AB 68, AB
881, AB 587, AB 670, and AB 671 became effective January 1, 2020, which collectively modified
existing portions of the Government Code to establish a regulatory framework for Accessory
Dwelling Units in accordance with State law; and
Whereas, the City desires to amend the Lake Elsinore Municipal Code (“LEMC”) to
regulate accessory dwelling units 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 accessory dwelling units requires several
amendments to Title 17 related to definitions, setbacks, and other relevant land use restrictions;
and
Whereas, Section 17.415.110 of the LEMC requires the Planning Commission of the City
of Lake Elsinore to review proposed amendments to Title 17 and after examining a proposed
amendment to make recommendations of its findings to the City Council; and
Whereas, on February 16, 2019, at a duly noticed public hearing the Planning
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 Planning Commission has reviewed and analyzed the proposed
amendments of Title 17 of the Lake Elsinore Municipal Code pursuant to the California Planning
and Zoning Laws (Cal. Gov. Code Sec 65000 et. seq.), the Lake Elsinore General Plan and the
Lake Elsinore Municipal Code 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 Lake
Elsinore General Plan and the Lake Elsinore Municipal Code.
Section 2. The Planning Commission hereby finds and determines that the proposed
amendments to the Lake Elsinore Municipal Code are exempt from the California Environmental
Quality Act (Cal. Publ. Res. Code §§21000 et seq. “CEQA”) and the State CEQA Guidelines (14.
Cal. Code Regs §§15000 et seq.), specifically pursuant to pursuant to Sections 15060(c)(2),
15060(c)(3), and 15061(b)(3) 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. In accordance with Government Code Section 65855, the Planning Commission
sets forth the following findings for its recommendation that the City Council amend Title 17 of the
Lake Elsinore Municipal Code:
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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 amendments have no impact
upon the public’s health, safety, comfort and general welfare because the State legislature
has found that accessory dwelling units contributes to a safe and more robust housing
options in light of the current housing crisis in the State of California.
2.The proposed zoning code amendments are consistent with the Goals, Policies and
Implementation Programs of the General Plan and the development standards
established with the LEMC.
The proposed zoning code amendments do not create new zoning districts, remove
existing zoning districts or otherwise modify land use requirements. The proposed zoning
code amendments do not affect the density or intensity of uses and will not interfere 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 that the City Council approve the
amendment of Title 17 of the Lake Elsinore Municipal Code attached hereto as Exhibit “A”.
Section 5. This Resolution shall take effect immediately upon its adoption.
Passed and Approved at a regular meeting of the Planning Commission of the City of
Lake Elsinore, California, on the 16th day of February 2021.
_____________________________
Rendell Klaarenbeek
Chair
Attest:
____________________________
Justin Kirk
Assistant Community Development Director
For:
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California,
do hereby certify that Resolution No. 2021-01 was adopted by the Planning Commission of the
City of Lake Elsinore, California, at the regular meeting of February 16, 2021, and that the same
was adopted by the following vote:
AYES: Commissioners Dobler and Gray; and Chair Klaarenbeek
NOES: None
ABSENT: Commissioner Ross and Vice Chair Armit
ABSTAIN: None
Justin Kirk
Assistant Community Development Director
For:
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