HomeMy WebLinkAboutPC Reso 2023-39 LEMC Title 17 Density Bonuses Amendment (1)RESOLUTION NO. 2023-39
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF AMENDMENTS TO
TITLE 17 OF THE LAKE ELSINORE MUNICIPAL CODE RELATED TO DENSITY
BONUSES AND ADDING A NO NET LOSS PROGRAM
Whereas, Chapter 17.58 of the Lake Elsinore Municipal Code (LEMC), which sets forth
the zoning ordinance’s procedures for providing density bonuses for housing developments in
accordance with the State Density Bonus Law (Government Code Section 65915 et. seq.), was
enacted in 1979;
Whereas, amendments to the State Density Bonus Law from years prior to 2020, and the
enactment of Assembly Bill 2345 (AB 2345) in 2020, changed the City’s obligations regarding
granting density bonuses and concessions or incentives;
Whereas, Program 6 of the City of Lake Elsinore Housing Element requires the update of
the City’s density bonus ordinance to remain in compliance with Government Code §65915 or the
update the City’s zoning regulations to cross reference the most recent State laws governing
density bonus provision;
Whereas, the Housing Crisis Act of 2019 (Senate Bill 330) became effective January 1,
2020 and restricts the City’s ability to change the general plan land use designation, specific plan
land use designation, or zoning of a parcel or parcels of property to a less intensive use, without
concurrently changing the development standards, policies, and conditions applicable to other
parcels within the City to ensure that there is no net loss in residential capacity;
Whereas, the proposed Chapter 17.78 will establish a No Net Loss Program that creates
a process whereby concurrent with the approval of any change in zone from a residential use to
a less intensive residential or non-residential use, the City will ensure that there is no net loss of
residential capacity within the City as required by SB 330 through the creation of a unit bank that
will allow housing capacity to be transferred to other residential developments;
Whereas, pursuant to LEMC Section 17.415.040 (Zoning Amendments) the Planning
Commission (Commission) has been delegated with the responsibility of making
recommendations to the City Council (Council) regarding zoning ordinance text amendments; and
Whereas, on September 19, 2023, 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 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 amendments to
Title 17 of the LEMC, pursuant to the California Planning and Zoning Laws (Cal. Gov. Code Sec
65000 et. seq.), 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.
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Section 2: 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 §§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 Commission sets
forth the following findings for its recommendation that the Council amend Title 17 of the Lake
Elsinore Municipal Code:
1. The proposed municipal code amendments will not be: a) detrimental to the health, safety,
comfort or general welfare of the persons residing or working within the City, or b) injurious
to the property or improvements within the City.
The proposed amendments of Title 17 (Zoning) of the Municipal Code 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 proposed municipal code amendments establish regulations that bring the
Zoning Ordinance into compliance with State law.
2. The proposed municipal 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 amendments of Title 17 (Zoning) of the Municipal Code do not create new
zoning districts, remove existing zoning districts or rezone property. The proposed
municipal code amendments will not interfere with the implementation of the goals,
policies, and implementation programs of the General Plan and specifically implements
Program 6 of the Housing Element.
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
amendments to Title 17 of the Lake Elsinore Municipal Code attached hereto as Exhibit A and
Exhibit B.
Section 5: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted at a regular meeting of the Planning Commission of the City of Lake
Elsinore, California, this 19th day of September 2023.
_____________________________
Jodi Peters
Vice Chair
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Attest:
____________________________
Damaris Abraham
Assistant Community Development Director
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Damaris Abraham, Assistant Community Development Director of the City of Lake Elsinore,
California, do hereby certify that Resolution No. 2023-39 was adopted by the Planning
Commission of the City of Lake Elsinore, California, at the regular meeting of September 19,
2023, and that the same was adopted by the following vote:
AYES: Commissioners Ross and Gray; and Vice Chair Peters
NOES: None
ABSENT: Chair Carroll
ABSTAIN: None
Damaris Abraham
Assistant Community Development Director
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