HomeMy WebLinkAboutPC Reso No 2009-58Page 1 of 4
RESOLUTION NO. 2009-58
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LAKE ELSINORE, RECOMMENDING TO THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF
NEGATIVE DECLARATION NO. 2008-11 FOR ZONING
ORDINANCE TEXT AMENDMENT NO. 2008-04
WHEREAS, the Water Efficiency in Landscaping Act requires that in 2009 DWR
update and circulate a revised model water efficient landscaping ordinance that
provides improved methodologies for reducing water use in landscaping; and
WHEREAS, the Water Efficiency in Landscaping Act further requires that, on or
before January 1, 2010, local agencies adopt either: (1) the updated model water
efficient landscape ordinance prepared by the DWR or (2) a water efficient landscape
ordinance that is, based on evidence in the record, at least as effective in conserving
water as the updated model ordinance adopted by the DWR; and
WHEREAS, consistent with the Water Efficiency in Landscaping Act, DWR has
prepared a revised model water efficient landscaping ordinance and has provided the
document to local agencies to consider for adoption; and
WHEREAS, the Western Riverside Council of Governments ("WRCOG")
received from DWR the State's revised model water efficient landscaping ordinance;
and
WHEREAS, WRCOG commissioned the Riverside County Water Task Force
("Task Force") to prepare a local model water efficient landscape ordinance that is as
effective in the conservation of water as the State's model ordinance but which is
addresses the unique climatological, geographical, and other needs of Riverside
County; and
WHEREAS, the Task Force prepared and WRCOG endorsed a local model
water efficient landscape ordinance that is as effective in the conservation of water as
the State's model; and
WHEREAS, WRCOG has encouraged all cities within the WRCOG region to
adopt the local water efficient landscape ordinance in order to provide consistency and
economy of scale throughout Riverside County with regard to water conservation in
landscaping; and
WHEREAS, the City desires to repeal Chapter 19.08 of the Lake Elsinore
Municipal Code and to adopt in its place the local model ordinance prepared by the
Task Force and endorsed by WRCOG ("the Proposed AmendmenY'), which is as
effective in conserving water as the updated model ordinance adopted by the DWR; and
PLANNING COMMISSION RESOLUTION NO. 2009-58
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WHEREAS, the Proposed Amendment is subject to the provisions of the
California Environmental Quality Act (Public Resources Code, Sections 21000, et seq.:
"CEQA") and the State Implementation Guidelines for CEQA (14 California Code of
Regulations sections 15000, et seq.: "CEQA Guidelines") because the Proposed
Amendment involves an activity which may cause either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment,
and involves the issuance of a lease, permit license, certificate, or other entitlement for
use by one or more public agencies (Public Resources Code section 21065); and
WHEREAS, pursuant to CEQA Guidelines section 15063, the City conducted an
Initial Study to determine if the Proposed Amendment would have a significant effect on
the environment. Based upon the results of that Initial Study, there was no substantial
evidence that the Proposed Amendment or any of its aspects may cause a significant
effect on the environment; and
WHEREAS, based upon the results of the Initial Study, and based upon the
standards set forth in CEQA Guidelines, Section 15070, it was determined appropriate
to prepare and circulate Negative Declaration No. 2008-11; and
WHEREAS, pursuant to CEQA Guidelines, Section 15073, on August 4, 2008,
the City duly issued a notice of intent to adopt the Negative Declaration; and
WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular
meeting held on July 21, 2009, made its report upon the desirability of the Proposed
Amendment and provided a recommendation to the City Council for adoption of
Negative Declaration 2008-11; and
WHEREAS, the Planning Commission of the City of Lake Elsinore has the
responsibility for recommending to the City Council of the City of Lake Elsinore adoption
of Negative Declarations; and
WHEREAS, on November 17, 2009, at a duly noticed public hearing, the
Planning Commission 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 ORDER AS FOLLOWS:
SECTION 1. The Planning Commission has evaluated all comments, written and
oral, received from persons who have reviewed the Negative Declaration.
SECTION 2. The Planning Commission has found that the Negative Declaration
for the Proposed Amendment is adequate and has been completed in compliance with
CEQA, the State CEQA Guidelines, and the City's procedures for implementation of
CEQA. The Planning Commission has reviewed and considered the information
contained in the Negative Declaration and finds that the Negative Declaration
represents the independent judgment of the City.
PLANNING COMMISSION RESOLUTION NO. 2009-58
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SECTION 3. The Planning Commission further finds and determines that none
of the circumstances listed in CEQA Guidelines Section 15073.5 requiring recirculation
of the Negative Declaration are present and that it would be appropriate for the City
Council of the City of Lake Elsinore to adopt the Negative Declaration as proposed.
SECTION 4. The Planning Commission recommends that the City Council make
the following findings regarding the lack of potential environmental impacts of the
Proposed Amendment and the analysis and conclusions set forth in the Negative
Declaration:
1. Revisions in the Project plans or proposals made by or agreed to by the
applicant before a Negative Declaration and Initial Study are released for public review
would avoid the effects or mitigate the effects to a point where clearly no significant
effects would occur.
Based upon the Initial Study conducted for the Proposed Amendmenf, fhere is no
subsfantial evidence suggesting that the Proposed Amendment may have a significant
effect on the environment.
2. There is no substantial evidence, in the light of the whole record before
the agency, that the Project as revised may have a significant effect on the
environment.
Pursuanf to the evidence received, and in the light of the whole record presented,
fhe Proposed Amendment wil/ not have a significant effect on the environmenf.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Lake Elsinore, California, on tfy'�17th day of November 2009.
(�y Flores, Chairman
of Lake Elsinore
ATTEST:
�
To Weiner
Acting Director of Communiry Development
PLANNING COMMISSION RESOLUTION NO. 2009-58
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE SS
CITY OF LAKE ELSINORE
I, TOM WEINER, Acting Director of Community Development of the City of Lake
Elsinore, California, hereby certify that the Resolution No. 2009-58 was passed at a
regular meeting of the City Council of the City of Lake Elsinore held on the 17th day of
November by the following roll call vote:
AYES: CHAIRMAN JIMMY FLORES, VICE-CHAIRMAN JOHN
GONZALES, COMMISSIONER PHIL MENDOZA,
COMMISSIONER MICHAEL O'NEAL, COMMISSIONER AXEL
ZANELLI
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
��'4^- �
Tom Weiner
Acting Director of Community Development