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HomeMy WebLinkAboutReso 2025-08 - Amendment Title 17RESOLUTION NO. 2025-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPT AMENDMENTS TO TITLE 17, AMENDING AND RESTATING CHAPTER 17.156 OF THE LAKE ELSINORE MUNCIPAL CODE REGARDING CANNABIS USES Whereas, Chapter 17.156 (Cannabis Uses) of the Lake Elsinore Municipal Code (LEMC) sets forth the regulation for cannabis related uses; Whereas, the City desires to amend Chapter 17.156 of the LEMC to more efficiently regulate cannabis uses in accordance with State law in order to promote the health, safety, and general welfare of the residents and businesses within the City; 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 May 20, 2025, 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 amendment 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 amendment is 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 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 Commission sets forth the following findings for its recommendation that the City Council amend Title 17 of the Lake Elsinore Municipal Code: 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. Docusign Envelope ID: 76911BD8-5D70-43FC-857B-69991560D93B Reso No. 2025-08 Page 2 of 3 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 amendment will provide additional regulation of cannabis businesses within the City. 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 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. 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 Adopted on this 20th day of May 2025. _____________________________ John Gray Chair Attest: ____________________________ Damaris Abraham Community Development Director Docusign Envelope ID: 76911BD8-5D70-43FC-857B-69991560D93B Reso No. 2025-08 Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Damaris Abraham, Community Development Director of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2025-08 was adopted by the Planning Commission of the City of Lake Elsinore, California, at the regular meeting of May 20, 2025, and that the same was adopted by the following vote: AYES: Commissioners Devor, Pease and Peters; Vice Chair Carroll; and Chair Gray NOES: ABSENT: ABSTAIN: Damaris Abraham Community Development Director Docusign Envelope ID: 76911BD8-5D70-43FC-857B-69991560D93B