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:
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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
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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 -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
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