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HomeMy WebLinkAboutResolution 2021-58 Amendments Title 5 and Title 17 of Municipal Code Related to Short Term Rentals RESOLUTION NO. 2021-58 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF AMENDMENTS TO TITLE 5 AND TITLE 17 OF THE LAKE ELSINORE MUNICIPAL CODE RELATED TO SHORT-TERM RENTALS Whereas, the City welcomes visitors, valid concerns exist regarding the potential impacts of short-term rentals on the character of neighborhoods and the quality of life of nearby residents; Whereas, the City desires to amend the Lake Elsinore Municipal Code (“LEMC”) to regulate short-term rentals in order to promote the health, safety, and general welfare of the residents and businesses within the City; Whereas, proposed amendments to Title 5 (Business Taxes, Licenses and Regulation) and Title 17 (Zoning) of the Lake Elsinore Municipal Code (LEMC) have been prepared to recognize and appropriately regulate the use of short -term rentals within the City; Whereas, the Planning Commission has been delegated with the responsibility of making recommendations to the City Council regarding zoning ordinance text amendments; and Whereas, on December 21, 2021, 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 to Title 5 and Title 17 of the Lake Elsinore Municipal Code, the Lake Elsinore General Plan and the Lake Elsinore Municipal Code and finds that the proposed municipal code 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 5 and Title 17 of the Lake Elsinore Municipal Code Streamlining Code Provisions and Procedures: Docusign Envelope ID: 801220F4-5DEB-4CE9-A102-7843AEBF6EAE Reso No. 2021-58 Page 2 of 3 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 municipal 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 proposed municipal code revisions establish regulations for the use of privately -owned residential dwellings as short-term rentals within the City of Lake Elsinore, to preserve the single-family character of neighborhoods, to prevent short -term rental activities from becoming a nuisance or a threat to public health, safety or welfare and to ensure the collection and payment of transient occupancy taxes. 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 municipal code amendments 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. 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 5 and 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 on this 21st day of December, 2021. _____________________________ John Gray Chair Attest: ___________________ FOR: Justin Kirk Assistant Community Development Director Docusign Envelope ID: 801220F4-5DEB-4CE9-A102-7843AEBF6EAE Reso No. 2021-58 Page 3 of 3 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 -58 was adopted by the Planning Commission of the City of Lake Elsinore, California, at the regular meeting of December 21, 2021, and that the same was adopted by the following vote: AYES: Commissioners Peters, Carroll and Klaarenbeek; Vice Chair Dobler; and Chair Gray NOES: ABSENT: ABSTAIN: ___________________ FOR: Justin Kirk Assistant Community Development Director Docusign Envelope ID: 801220F4-5DEB-4CE9-A102-7843AEBF6EAE