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HomeMy WebLinkAbout02/26/2008 CC Agenda Item No. 17 CIT LAKE 6LSINOR E -- -` DREAM �M EXTREMEn. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: FEBRUARY 26, 2008 SUBJECT: PUBLIC HEARING - ZONING ORDINANCE TEXT AMENDMENT NO. 2007 -01; A REQUEST TO AMEND THE LAKE ELSINORE MUNICIPAL CODE RELATIVE TO THE ESTABLISHMENT OF A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY DISTRICT WITHIN VARIOUS ZONING DISTRICTS CITYWIDE AS OUTLINED IN CHAPTER 17.37 (PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT) Background At the regularly scheduled meeting of February 19, 2008, the Planning Commission unanimously adopted the following resolution based on the findings made and attachments: • Resolution No. 2008 -19 recommending to the City Council approval of Zoning Ordinance Text Amendment No. 2007 -01 and adoption of the Negative Declaration thereof. Project Location The PUD Overlay District may be applied to any property of a minimum area of one (1) net acre within a zoning district throughout the City of Lake Elsinore. Discussion The Planning Commission heard the staff report (attachment 2) and presentation from staff before deliberating on the proposed Text Amendment. In addition, no member of the public within the audience wished to comment, either in favor or opposed. The Planning Commission was very receptive to the proposal that staff brought before them. They were pleased with the possibility of having an ordinance that Agenda Item No. 17 Page 1 of 55 Planned Unit Development Overlay District Text Amendment February 26, 2008 Page 2 of 2 would have the possibility of streamlining the entitlement process for current and /or future projects. Finally, it was the unanimous decision of the Planning Commission to approve staff's recommendation that the City Council adopt Zoning Ordnance Text Amendment No. 2007 -01 and the Negative Declaration thereof. Fiscal Impact The proposed addition to the Lake Elsinore Municipal Code would make minor changes to existing Lake Elsinore Municipal Code. There would be no fiscal impact to the City resulting from administration or enforcement of the proposed Ordinance. Recommendations Waive further reading and introduce an ordinance adding Chapter 17.37 to the Lake Elsinore Municipal Code regarding a Planned Unit Development Overlay District. Prepared by: Justin Carlson Associate Planner Approved by: Robert A. Brady / City Manager it Attachments: 1. City Council Ordinance approving Zoning Ordinance Text Amendment No. 2007 -01. 2. Planning Commission Staff Report with Exhibits dated February 19, 2008. Agenda Item No. 17 Page 2 of 55 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.37 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING A PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT WHEREAS, the Planning and Zoning Law authorizes the legislative body of a city to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, and open space; and WHEREAS, the City of Lake Elsinore wishes to provide a uniform and comprehensive set of standards for the establishment and implementation of a Planned Unit Development (PUD) Overlay District which can be applied throughout the City of Lake Elsinore; and WHEREAS, based on evidence presented by the Community Development Department and other interested parties at a duly noticed public hearing on February 19, 2008, 'regarding the proposed PUD Overlay District, the Planning Commission recommended that the City Council approve the ordinance adopting the PUD Overlay District; and WHEREAS, at a cluly noticed public hearing, held on February 26, 2008, the City Council considered the Planning Commission's recommendation and evidence presented by the Community Development Department and other interested parties regarding the proposed PUD Overlay District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: Section 1. That Chapter 17.37 of the Lake Elsinore Municipal Code be added as follows: Chapter 17.37 PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT Sections: 17.37.010 Purpose 17.37.020 Short Title 17.37.030 Applicability 17.37.040 Permitted Uses 17.37.050 Application Process 17.37.060 Findings 17.37.070 Term, Extensions, Amendments, Minor Modifications and Repeal of Approved PUD Plans. 1 Agenda Item No. 17 Page 3 of 55 17.37.080 Approved Planned Development Overlays. 17.37.010 Purpose. The Planned Unit Development (PUD) Overlay District establishes a process to permit creative mix of uses within a physically integrated and contiguous area that is smaller than generally appropriate for a specific plan. The PUD Overlay District is intended to provide a mechanism to allow for flexibility in the development regulations and design standards of the underlying base district and to allow the mixing and clustering of land uses that are traditionally prohibited by conventional zoning. Through this flexibility in standards, many of the objectives of the general plan can best be achieved. The underlying assumption is that in certain areas any use could be permitted in conjunction with another use; provided, that through proper planning, buffering and design of the project, potential incompatibilities are mitigated or eliminated. It is the intent of the PUD Overlay District to provide an opportunity for combining residential, retail, commercial and office uses within a single structure or by clustering such uses in close proximity to each other. This mix of land uses promotes multiple activities, such as residential and business activities, and an increased degree of pedestrian orientation on suitable sites consistent with general plan objectives beneficial to the community. Residential units located near retail, office or industrial uses can provide housing close to potential employment opportunities, and therefore, reduce vehicular commuting trips. 17.37.020 Short Title. This chapter shall be known and may be cited as the Lake Elsinore PUD Overlay Zoning Ordinance. 17.37.030 Applicability. The PUD Overlay District may be applied to any property of a minimum area of one net acre within any zoning district throughout the City of Lake Elsinore. 17.37.040 Permitted Uses. Permitted, accessory and conditional uses within a PUD are generally the same as those allowed within the underlying base zoning districts. However, the PUD may include combinations of other uses that may complement the uses of the underlying base zoning districts. The permitted uses shall be those approved in the PUD Plan. 17.37.050 Application Process. Applications for PUD designations shall be accompanied by a zoning amendment request and a PUD Plan. A. The procedures for applying the planned unit development overlay zoning district to any properties shall be the same as described in Section 17.84 for zoning amendments. B. When a PUD Overlay District application is filed, the applicant shall also concurrently file a PUD Plan containing, but not limited to, the following information prepared and endorsed by a professional team: 2 Agenda Item No. 17 Page 4 of 55 1. A site plan, showing building(s), various functional use areas, parking and circulation. 2. The development standards for PUDs are generally the same as for the underlying base zoning district. However, modifications to those standards may be approved as part of the PUD Plan in order to allow for greater flexibility and compatibility with the general plan. Variations to the base standards shall be described in the PUD Plan. Examples of development standards, include, but are not limited to, building heights, setbacks and parking requirements. 3. Preliminary building plans, including floor plans and exterior elevations. 4. Landscaping plans, including a plant palette. 5. Lighting and signage plans. 6. Civil engineering plans, including site grading, public rights -of -way and area of each building or structure, and proposed distances between buildings or structures, and setbacks to property lines. 7. Proposed use and occupancy, construction type, building height and area of each building or structure, and proposed distances between buildings or structures, and setbacks to property lines. 8. Other information or applicable materials as may be deemed necessary by the Director. C. Notices and Public Hearings. Notices and public hearings regarding an application for a PUD and PUD Plan, or a modification to an approved PUD Plan, shall be provided in compliance with Chapter 17.92 (Hearings). D. Review Authority. A PUD Plan shall be approved by the adoption of an ordinance or disapproved by a resolution of the City Council, after consideration of the Planning Commission's recommendation. 17.37.060 Findings. The Planning Commission, in conjunction with a public hearing, shall review and make recommendations to the City Council regarding the PUD Plan. The City Council, after a public hearing, may approve, conditionally approve, or disapprove a PUD Plan. A PUD Plan may be approved, provided the facts submitted and evaluated during the review process support the following findings: A. The proposed PUD Plan can be substantially completed within four (4) years. 3 Agenda Item No. 17 Page 5 of 55 B. The proposed development is capable of creating an environment of sustained desirability and stability, or adequate assurance will be provided such objective will be attained. C. The proposed uses will not be substantially detrimental to present and potential surrounding uses, but will have a beneficial effect. D. The streets and thoroughfares serving the development are suitable and adequate to carry anticipated traffic, and the development will not generate traffic that will overload the adjacent street network. E. The proposed development is compatible with the surrounding area. F. The types and locations of any proposed commercial development can be economically justified. G. The PUD Plan is in conformance with the General Plan, or a concurrent General Plan amendment in process. H. The mix of uses provides an increase in housing opportunities for the community and implements the objectives of the Housing Element of the General Plan. Any exception from the standards and requirements of this Title is warranted by the design and amenities incorporated into the PUD Plan. The exceptions are also desired by the City Council. J. Existing and proposed utility services are adequate for the proposed uses. K. The PIJD Plan has complied with all applicable City requirements. 17.37.070 Term, Extensions, Amendments, Minor Modifications and Repeal of Approved PUD Plans. A. Term. An approved PUD Plan shall expire four (4) years from the date it was approved by the City Council. B. Extensions. The four (4) year term for a PUD Plan may be extended in one (1) year increments, not to exceed three (3) extensions, provided that the applicant submits a written extension request to the Community Development Department at least thirty (30) days before the expiration of the PUD Plan, or any extension thereof. Extension requests shall explain the reasons why the extension is necessary. Upon receipt of the extension request, the Community Development Director or designee shall refer the extension request to the Planning Commission and 4 Agenda Item No. 17 Page 6 of 55 City Council for public hearing. It shall be in the City Council's discretion whether or not to grant extension requests. C. Amendment. Amendments to approved PUD Plans shall follow the same procedure that was followed when the plan was adopted. D. Minor Modifications. The Director of Community Development may administratively approve minor changes or alterations to an approved PUD Plan, subject to appeal which shall be filed within fifteen (15) days of the Director's decision, provided the Director makes the following findings: 1. The proposed changes are consistent with the intent of the approved PUD Plan. 2. The proposed changes will not adversely impact the environment. 3. The proposed changes will not be detrimental to the surrounding uses. 4. The proposed changes will not significantly increase traffic levels on existing streets and thoroughfares within and surrounding the development. 5. Any proposed change, which requires exception from standard ordinance requirements, is warranted by the design and amenities incorporated into the approved PUD Plan. If the Director determines that the above findings cannot be made, then the request shall be considered a major change, and referred to the Planning Commission for review at a public hearing, and to City Council for review at a public hearing. E. Repeal. Any adopted PUD Plan may be repealed by the same procedure as the PUD plan was originally adopted. Prior to the adoption of an ordinance to repeal and discontinue a PUD, the City Council, with a recommendation from the Planning Commission, shall find that the PUD is no longer necessary for the orderly and systematic implementation of the general plan. The repealing ordinance shall include provisions for the immediate application of appropriate zoning to the area covered by the repealed plan. 17.37.080 Approved Planned Unit Development Overlays. The following PUD overlays cannot be effectively incorporated into the municipal code, have been approved by the City and are designated on the official zoning map of the City: Reserved 5 Agenda Item No. 17 Page 7 of 55 Future PUD overlays shall be numbered consecutively, whether incorporated into the municipal code or adopted as uncodified ordinances, and shown on the official zoning map of the city with the prefix "PUD ". SECTION 2. Severability. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3. 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 City Council of the City of Lake Elsinore, California, on this day of 2007. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: VIVIAN M. MUNSON CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY 6 Agenda Item No. 17 Page 8 of 55 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the day of , and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the day of _ , by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: VIVIAN M. MUNSON CITY CLERK 7 Agenda Item No. 17 Page 9 of 55 ATTACHMENT 2 CITY OF ��� LAKE O LSIIY K � OR,E DREAM EXTREME,. CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: FEBRUARY 19, 2008 PROJECT TITLE: ZONING ORDINANCE TEXT AMENDMENT NO. 2007-01; A REQUEST TO AMEND THE LAKE ELSINORE MUNICIPAL CODE RELATIVE TO THE ESTABLISHMENT OF A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY DISTRICT WITHIN VARIOUS ZONING DISTRICTS CITYWIDE AS OUTLINED IN CHAPTER 17.37 (PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT) APPLICANT: CITY OF LAKE ELSINORE, 130 SOUTH MAIN STREET, LAKE ELSINORE, CA 92530 OWNER: SAME PURPOSE Planned Unit Development (PUD) regulations are established to allow for flexibility, diversity and creativity in the design of smaller development projects having a wide variety of uses including residential, commercial, office, industrial or a mixture of uses. The PUD entitlement process would allow for the application of unique development standards for projects having a variety of constraints including environmental or topographic issues or limited lot size that would otherwise serve to limit or preclude development potential. This report is intended to present information to the Planning Commission in order to make a recommendation to the City Council of a Zoning ordinance text amendment to amend Agenda Item No. 17 Page 10 of 55 PLANNING COMMISSION STAFF REPORT ATTACHMENT 2 FEBRUARY 19, 2008 PROJECT TITLE: ZONING ORDINANCE TEXT AMENDMENT NO. 2007 -01 Chapter 17.37 (Planned Unit Development Overlay District). Furthermore and as part of Text Amendment No. 2007 -01, the establishment of the PUD ordinance will provide staff with the necessary tools to work closely with developers to develop property with limited development potential, due to various constraints. Recommending approval of Zoning Ordinance Text Amendment No. 2007 -01 will assist in promoting the following: • The clustering of land uses, which can promote and provide public and common open space. • Increased administrative discretion to Community Development Staff while setting aside present land use regulations and rigid plat approval processes. • The enhancement of the bargaining process between the developer and government municipalities which in turn strengthens the municipality's site plan review and control over development for potentially increased profits due to land efficiency, multiple land uses, and Mixed Use projects. • Permits variations from traditional controls (i.e. density, land use, setbacks, open space, design, mixed uses, etc.). • Development is planned and built as a whole. • Addresses difficult site configurations. • Alternative process to lot -by -lot development. BACKGROUND Planned Unit Development entitlement provisions have been utilized by a number of local jurisdictions for many years. In conducting research for this report, Planning staff conducted a survey of local jurisdictions within the region and found that the majority currently have adopted Planned Unit Development regulations (see table within the "Analysis" section). Based on the existing Lake Elsinore Municipal Code (LEMC), the current methods of deviating from the conventional development standards of a specific zoning district are to either prepare a Specific Plan for a development or request a Variance. While the preparation of a Specific Plan is often appropriate for larger development projects, the required level of analysis and content of the plans is often not necessary or appropriate for small scale development proposals. Moreover, the Variance procedure is only intended to address one or two development standards. The PUD process would allow for flexibility regarding any number of affected development standards for a project provided such flexibility is consistent with the purpose and intent of the underlying zoning district and the City's General Plan. Agenda Item No. 17 Page 11 of 55 ATTACHMENT 2 PLANNING COMMISSION STAFF REPORT FEBRUARY 19, 2008 PROJECT TITLE: ZONING ORDINANCE TEXT AMENDMENT NO. 2007 -01 Currently, the City's General Plari Land Use Element recommends that a floating Planned Unit Development Overlay District be adopted. In addition, the Lake Elsinore Municipal Code has reserved Chapter 17.37 (Planned Unit Development Overlay District) reserved for the application of PUD entitlement provisions. On February 5, 2008, the Planning Commission continued the Zoning Ordinance Text Amendment No. 2007 -01 to the regularly scheduled Planning Commission meeting of February 19, 2008. ANALYSIS As mentioned above, communities in the region already have PUD ordinances implemented. The following matrix reflects a compilation of jurisdictions in the vicinity that have an adopted PUD ordinance as well as the ones that do not. z saw •�"" p ` e 'r CITY OF MURRIETA x CITY OF PERRIS CITY OF CORONA x CITY OF NORCO x ■ CITY OF MORENO x VALLEY CITY OF RIVERSIDE x CITY OF CHINO x CITY OF ONTARIO x ■ CITY OF REDLANDS x CITY OF TEMECULA X . CITY OF HEMET x All but two (2) cities surveyed utilize the PUD ordinance for development. It should be noted that although the City of Murrieta does not have an adopted PUD ordinance that applies to all districts; they have adopted a Planned Residential District Overlay ordinance which is similar to a traditional PUD and applies only to residential development. As indicated above, a majority of the Cities within the area utilize the PUD process where Agenda Item No. 17 Page 12 of 55 ATTACHMENT 2 PLANNING COMMISSION STAFF REPORT FEBRUARY 19, 2008 PROJECT TITLE: ZONING ORDINANCE TEXT AMENDMENT NO. 2007 -01 appropriate when implementing development. After a thorough analysis of the adjacent jurisdiction's PUD ordinances; staff has determined that the adoption of a PUD ordinance will not only compliment the recommendations provided by the City of Lake Elsinore's General Plan and Municipal Code but, will also insure the following items: • The proposed development will be built as a whole unit. • The proposed development can utilize creativity and a quality design. • The proposed development has the potential to create large areas of open space, through clustered development. • Provides environmental protection while preserving unique features through improved drainage and shorter utility runs. • Provides the possibility of Mixed Use, when permitted by the General Plan Land Use designation. This provides convenience to residents and reduces automobile trips; while promoting pedestrian connectivity. Further, the proposed PUD ordinance requires the development of the commercial component before or simultaneously with the residential component. • Provides room for negotiation between the developer and the City. • Does not increase existing densities. It should be noted that the adoption of a Planned Unit Development (PUD) Ordinance will assist in streamlining projects that are currently being processed and /or being discussed. These projects include but are not limited too; "Grand Solutions" (forty (40) work/live units on Grand Avenue), the redevelopment the existing Academy site on Grand Avenue, and the "Palm Promenade" project (fourteen (14) town homes located at Riverside and Shrier Drive). These projects will directly benefit, in terms of processing, from the adoption of the proposed PUD text amendment. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA), an Initial Study was completed to analyze the potential environmental impacts of the proposed project. The Initial Study concluded that the proposed project would have no significant environmental impacts. A Negative Declaration has accordingly been prepared and released for review. The review period began on December 9, 2007 and ended on December 28, 2007. FISCAL IMPACT The proposed zone text amendment would create a floating Planned Unit Development Agenda Item No. 17 Page 13 of 55 ATTACHMENT 2 PLANNING COMMISSION STAFF REPORT FEBRUARY 19, 2008 PROJECT TITLE: ZONING ORDINANCE TEXT AMENDMENT NO. 2007 - 01 Overlay District applicable to a wide variety of existing underlying zoning districts throughout the City. The overlay district will serve to provide development flexibility and streamline the development process for smaller projects on properties which currently face various development constraints. The proposed overlay district would not require any additional staff time or resources to administer. There would be minimal fiscal impact to the City resulting from the administration and /or enforcement of the proposed ordinance. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2008 - recommending City Council approval of Text Amendment No. 2007 -01 in order to amend LEMC Chapter 17.37 (Planned Unit Development Overlay District) PREPARED BY: JUSTIN CARLSON, ASSOCIATE PLANNER APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ITYY ATTACHMENTS: 1. PLANNING COMMISSION RESOLUTION 2. "DRAFT" ORDINANCE 3. NEGATIVE DECLARATION AND INITIAL STUDY 4. NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION Agenda Item No. 17 Page 14 of 55 RESOLUTION NO. 2008 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF ZONING ORDINANCE TEXT AMENDMENT NO. 2007 -01 AND THE ADOPTION OF THE NEGATIVE DECLARATION THEREFORE WHEREAS, the Community Development Department of the City of Lake Elsinore has initiated an amendment of Chapter 17.37 (Planned Unit Development Overlay District) of the Lake Elsinore Municipal Code (LEMC); and WHEREAS, the City of Lake Elsinore wishes to provide a uniform and comprehensive set of standards for the establishment and implementation of a planned unit development overlay district which can be applied throughout the City of Lake Elsinore; and WHEREAS, in accordance with Title 14 of the California Code of Regulations, Section 15070, the City of Lake Elsinore prepared a proposed negative declaration to analyze the potential environmental impacts associated with the City's adoption of Zoning Ordinance Text Amendment No. 2007 -01; and WHEREAS, the Planning Commission has been delegated with the responsibility of making recommendations to the City Council regarding zoning ordinance text amendments; and WHEREAS, at a duly noticed public hearing, held on February 19, 2008, 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 CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission considered the proposed Negative Declaration before making its recommendation that the City Council approve the environmental document. SECTION 2. The Planning Commission hereby finds and determines that in accordance with Title 14 of the California Code of Regulations, Section 15070 it was appropriate to prepare a Negative Declaration for Zoning Ordinance Text Amendment No. 2007 -01 since the initial study revealed that there was no substantial evidence in light of the whole record, that the project may have a significant effect on the environment. The purpose of Zoning Ordinance Text Amendment No. 2007 -01 is to bring the Zoning Code into conformity with City's General Plan. Impacts associated with development of future projects that incorporate Chapter 17.37 (Planned Unit Agenda Item No. 17 Page 15 of 55 PLANNING COMMISSION RESOLUTION NO. 2008 — PAGE 2 OF 7 Development Overlay District) as an overlay Zoning district will be analyzed as part of those particular projects. SECTION 3. In accordance with Government Code Section 65855, the Planning Commission sets forth the following findings for its recommendation that the City Council approve Zoning Ordinance Text Amendment No. 2007 -01: 1. Currently, the Lake Elsinore Municipal Code has Chapter 17.37 (Planned Unit Development Overlay District) reserved within the Lake Elsinore Municipal Code for future drafting and incorporation. As a result, the City has not established development standards, including density and intensity of development, to guide new construction on said parcels that wish to implement the Planned Unit Development (PUD) Overlay. As development in the City continues and developers want to incorporate the PUD Overlay, it will be necessary to have the applicable tools to implement the Overlay. Adoption of Zoning Ordinance Text Amendment No. 2007 -01 not only provides the necessary tools to implement the PUD Overlay, but also brings the Zoning Code into conformity with the City of Lake Elsinore General Plan. 2. Zoning Ordinance Text Amendment No. 2007 -01 will provide regulations to allow for flexibility, diversity, and creativity in the design of smaller development projects in all City Zoning District with a minimum area of one (1) net acre. SECTION 4. The Planning Commission hereby recommends to the City Council that Chapter 17.37 of the Lake Elsinore Municipal Code be added as follows: Chapter 17.37 PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT Sections: 17.37.010 Purpose. 17.37.020 Short Title. 17.37.030 Applicability. 17.37.040 Permitted Uses. 17.37.050 Application Process. 17.37.060 Findings. 17.37.070 Term, Extensions, Amendments, Minor Modifications and Repeal of Approved PUD Plans. 17.37.080 Approved PUD Plans. 17.37.010 Purpose. The Planned Unit Development (PUD) Overlay District establishes a process to permit creative mix of uses within a physically integrated and contiguous area that is smaller than generally appropriate for a specific plan. The PUD Overlay District is intended to provide a mechanism to allow for flexibility in the development regulations and design standards of the underlying base district and to allow the mixing and clustering of land uses that are traditionally prohibited by Agenda Item No. 17 Page 16 of 55 PLANNING COMMISSION :RESOLUTION NO. 2008 — PAGE 3 OF 7 conventional zoning. Through this flexibility in standards, many of the objectives of the general plan can best be achieved. The underlying assumption is that in certain areas any use could be permitted in conjunction with another use; provided there is consistency with the General Plan, and that through proper planning, buffering and design of the project, potential incompatibilities are mitigated or eliminated. It is the intent of the PUD Overlay District to provide an opportunity for combining residential, retail, commercial and office uses within a single structure or by clustering such uses in close proximity to each other. This mix of land uses promotes multiple activities, such as residential and business activities, and an increased degree of pedestrian orientation on suitable sites consistent with general plan objectives beneficial to the community. Residential units located near retail, office or industrial uses can provide housing close to potential employment opportunities, and therefore, reduce vehicular commuting trips. 17.37.020 Short Title. This chapter shall be known and may be cited as the Lake Elsinore PUD Overlay Zoning Ordinance. 17.37.030 Applicability. The PUD Overlay District may be applied to any property of a minimum area of one net acre within any zoning district throughout the City of Lake Elsinore. 17.37.040 Permitted Uses. Permitted, accessory and conditional uses within a PUD are generally the same as those allowed within the underlying base zoning districts. However, the PUD may include combinations of other uses that may complement the uses of the underlying base zoning districts. The permitted uses shall be those approved in the PUD Plan. 17.37.050 Application Process. Applications for PUD designations shall be accompanied by a zoning amendment request and a PUD Plan. A. The procedures for applying the planned unit development overlay zoning district to any properties shall be the same as described in Section 17.84 for zoning amendments. B. When a PUD Overlay District application is filed, the applicant shall also concurrently file a PUD Plan containing, but not limited to, the following information prepared and endorsed by a professional team: 1. A site plan, showing building(s), various functional use areas, parking and circulation.The development standards for PUDs are generally the same as for the underlying base zoning district. However, modifications to those standards may be approved as part of the PUD Plan in order to allow for greater flexibility and compatibility with the general plan. Variations to the base standards shall be described in the PUD Plan. Examples of development standards, include, but are not limited to, building heights, setbacks and parking requirements; Agenda Item No. 17 Page 17 of 55 PLANNING COMMISSION RESOLUTION NO. 2008 — PAGE 4 OF 7 2. Preliminary building plans, including floor plans and exterior elevations; 3. Landscaping plans, including a plant palette; 4. Lighting and signage plans; 5. Civil engineering plans, including site grading, public rights -of -way and area of each building or structure, and proposed distances between buildings or structures, and setbacks to property lines; 6. Proposed use and occupancy, construction type, building height and area of each building or structure, and proposed distances between buildings or structures, and setbacks to property lines; 7. Other information or applicable materials as may be deemed necessary by the Director. C. Notices and Public Hearings. Notices and public hearings regarding an application for a PUD and PUD Plan, or a modification to an approved PUD Plan, shall be provided in compliance with Chapter 17.92 (Hearings). D. Review Authority. A PUD Plan shall be approved by the adoption of an ordinance or disapproved by a resolution of the City Council, after consideration of the Planning Commission's recommendation. 17.37.060 Findings. The Planning Commission, in conjunction with a public hearing, shall review and make recommendations to the City Council regarding the PUD Plan. The City Council, after a public hearing, may approve, conditionally approve, or disapprove a PUD Plan. A PUD Plan may be approved, provided the facts submitted and evaluated during the review process support the following findings: A. The proposed PUD Plan can be substantially completed within four (4) years. B. The proposed development is capable of creating an environment of sustained desirability and stability, or adequate assurance will be provided such objective will be attained. C. The proposed uses will not be substantially detrimental to present and potential surrounding uses, but will have a beneficial effect. D. The streets and thoroughfares serving the development are suitable and adequate to carry anticipated traffic, and the development will not generate traffic that will overload the adjacent street network. Agenda Item No. 17 Page 18 of 55 PLANNING COMMISSION RESOLUTION NO. 2008 — PAGE 5 OF 7 E. The proposed development is compatible with the surrounding area. F. The types and locations of any proposed commercial development can be economically justified. G. The PUD Plan is in conformance with the General Plan, or a concurrent General Plan amendment in process. H. The mix of uses provides an increase in housing opportunities for the community and implements the objectives of the Housing Element of the General Plan. I. Any exception from the standards and requirements of this Title is warranted by the design and amenities incorporated into the PUD Plan. The exceptions are also desired by the City Council. J. Existing and proposed utility services are adequate for the proposed uses. K. The PUD Plan has complied with all applicable City requirements. 17.37.070 Term, Extensions, Amendments, Minor Modifications and Repeal of Approved PUD Plans. A. Term. An approved PUD Plan shall expire four (4) years from the date it was approved by the City Council. B. Extensions. The four (4) year term for a PUD Plan may be extended in one (1) year increments, not to exceed three (3) extensions, provided that the applicant submits a written extension request to the Community Development Department at least thirty (30) days before the expiration of the PUD Plan, or any extension thereof. Extension requests shall explain the reasons why the extension is necessary. Upon receipt of the extension request, the Community Development Director or designee shall refer the extension request to the Planning Commission and City Council for public hearing. It shall be in the City Council's discretion whether or not to grant extension requests. C. Amendment. Amendments to approved PUD Plans shall follow the same procedure that was followed when the plan was adopted. D. Minor Modifications.The Director of Community Development may administratively approve minor changes or alterations to an approved PUD Plan, subject to appeal which shall be filed within fifteen (15) days of the Director's decision, provided the Director makes the following findings: 1. The proposed changes are consistent with the intent of the approved PUD Plan. Agenda Item No. 17 Page 19 of 55 PLANNING COMMISSION RESOLUTION NO. 2008 — PAGE 6 OF 7 2. The proposed changes will not adversely impact the environment. 3. The proposed changes will not be detrimental to the surrounding uses. 4. The proposed changes will not significantly increase traffic levels on existing streets and thoroughfares within and surrounding the development. 5. Any proposed change, which requires exception from standard ordinance requirements, is warranted by the design and amenities incorporated into the approved PUD Plan. If the Director determines that the above findings cannot be made, then the request shall be considered a major change, and referred to the Planning Commission for review at a public hearing, and to City Council for review at a public hearing. E. Repeal. Any adopted PUD Plan may be repealed by the same procedure as the PUD plan was originally adopted. Prior to the adoption of an ordinance to repeal and discontinue a PUD, the City Council, with a recommendation from the Planning Commission, shall find that the PUD is no longer necessary for the orderly and systematic implementation of the general plan. The repealing ordinance shall include provisions for the immediate application of appropriate zoning to the area covered by the repealed plan. 17.37.080 Approved Planned Unit Development Overlays. The following PUD overlays cannot be effectively incorporated into the municipal code, have been approved by the city and are designated on the official zoning map of the city: Reserved Future PUD overlays shall be numbered consecutively, whether incorporated into the municipal code or adopted as uncodified ordinances, and shown on the official zoning map of the city with the prefix "PUD ". SECTION 5. Based upon all of the evidence presented and the above findings, the Planning Commission hereby recommends that the City Council of the City of Lake Elsinore approve an ordinance adding Chapter 17.37 to the Lake Elsinore Municipal Code and that the City Council of the City of Lake Elsinore approve the Negative Declaration prepared therefore. SECTION 6. This Resolution shall take effect from and after the date of its passage and adoption. Agenda Item No. 17 Page 20 of 55 PLANNING COMMISSION RESOLUTION NO. 2008 — PAGE 7 OF 7 PASSED, APPROVED AND ADOPTED this 19 day of February 2008, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe M. Preisendanz Director of Community Development Agenda Item No. 17 Page 21 of 55 ATTACHMENT 2 "DRAFT ORDINANCE" Chapter 17.37 PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT Sections: 17.37.010 Purpose. 17.37.020 Short Title. 17.37.030 Applicability. 17.37.040 Permitted Uses. 17.37.050 Application Process. 17.37.060 Findings. 17.37.070 Term, Extensions, Amendments, Minor Modifications and Repeal of Approved PUD Plans. 17.37.080 Approved PUD Plans. 17.37.010 Purpose. The Planned Unit Development (PUD) Overlay District establishes a process to permit creative mix of uses within a physically integrated and contiguous area that is smaller than generally appropriate for a specific plan. The PUD Overlay District is intended to provide a mechanism to allow for flexibility in the development regulations and design standards of the underlying base district and to allow the mixing and clustering of land uses that are traditionally prohibited by conventional zoning. Through this flexibility in standards, many of the objectives of the general plan can best be achieved. The underlying assumption is that in certain areas any use could be permitted in conjunction with another use; provided there is consistency with the General Plan, and that through proper planning, buffering and design of the project, potential incompatibilities are mitigated or eliminated. It is the intent of the PUD Overlay District to provide an opportunity for combining residential, retail, commercial and office uses within a single structure or by clustering such uses in close proximity to each other. This mix of land uses promotes multiple activities, such as residential and business activities, and an increased degree of pedestrian orientation on suitable sites consistent with general plan objectives beneficial to the community. Residential units located near retail, office or industrial uses can provide housing close to potential employment opportunities, and therefore, reduce vehicular commuting trips. 17.37.020 Short Title. This chapter shall be known and may be cited as the Lake Elsinore PUD Overlay Zoning Ordinance. Agenda Item No. 17 Page 22 of 55 17.37.030 Applicability. The PUD Overlay District may be applied to any property of a minimum area of one net acre within any zoning district throughout the City of Lake Elsinore. 17.37.040 Permitted Uses. Permitted, accessory and conditional uses within a PUD are generally the same as those allowed within the underlying base zoning districts. However, the PUD may include combinations of other uses that may complement the uses of the underlying base zoning districts. The permitted uses shall be those approved in the PUD Plan. 17.37.050 Application Process. Applications for PUD designations shall be accompanied by a zoning amendment request and a PUD Plan. A. The procedures for applying the planned unit development overlay zoning district to any properties shall be the same as described in Section 17.84 for zoning amendments. B. When a PUD Overlay District application is filed, the applicant shall also concurrently file a PUD Plan containing, but not limited to, the following information prepared and endorsed by a professional team: 1. A site plan, showing building(s), various functional use areas, parking and circulation.The development standards for PUDs are generally the same as for the underlying base zoning district. However, modifications to those standards may be approved as part of the PUD Plan in order to allow for greater flexibility and compatibility with the general plan. Variations to the base standards shall be described in the PUD Plan. Examples of development standards, include, but are not limited to, building heights, setbacks and parking requirements; 2. Preliminary building plans, including floor plans and exterior elevations; 3. Landscaping plans, including a plant palette; 4. Lighting and signage plans; 5. Civil engineering plans, including site grading, public rights - of -way and area of each building or structure, and proposed distances between buildings or structures, and setbacks to property lines; 6. Proposed use and occupancy, construction type, building height and area of each building or structure, and proposed distances between buildings or structures, and setbacks to property lines; Agenda Item No. 17 Page 23 of 55 7. Other information or applicable materials as may be deemed necessary by the Director. C. Notices and Public Hearings. Notices and public hearings regarding an application for a PUD and PUD Plan, or a modification to an approved PUD Plan, shall be provided in compliance with Chapter 17.92 (Hearings). D. Review Authority. A PUD Plan shall be approved by the adoption of an ordinance or disapproved by a resolution of the City Council, after consideration of the Planning Commission's recommendation. 17.37.060 Findings. The Planning Commission, in conjunction with a public hearing, shall review and make recommendations to the City Council regarding the PUD Plan. The City Council, after a public hearing, may approve, conditionally approve, or disapprove a PUD Plan. A PUD Plan may be approved, provided the facts submitted and evaluated during the review process support the following findings: A. The proposed PUD Plan can be substantially completed within four (4) years. B. The proposed development is capable of creating an environment of sustained desirability and stability, or adequate assurance will be provided such objective will be attained. C. The proposed uses will not be substantially detrimental to present and potential surrounding uses, but will have a beneficial effect. D. The streets and thoroughfares serving the development are suitable and adequate to carry anticipated traffic, and the development will not generate traffic that will overload the adjacent street network. E. The proposed development is compatible with the surrounding area. F. The types and locations of any proposed commercial development can be economically justified. G. The PUD Plan is in conformance with the General Plan, or a concurrent General Plan amendment in process. H. The mix of uses provides an increase in housing opportunities for the community and implements the objectives of the Housing Element of the General Plan. Agenda Item No. 17 Page 24 of 55 I. Any exception from the standards and requirements of this Title is warranted by the design and amenities incorporated into the PUD Plan. The exceptions are also desired by the City Council. J. Existing and proposed utility services are adequate for the proposed uses. K. The PUD Plan has complied with all applicable City requirements. 17.37.070 Term, Extensions, Amendments, Minor Modifications and Repeal of Approved PUD Plans. A. Term. An approved PUD Plan shall expire four (4) years from the date it was approved by the City Council. B. Extensions. The four (4) year term for a PUD Plan may be extended in one (1) year increments, not to exceed three (3) extensions, provided that the applicant submits a written extension request to the Community Development Department at least thirty (30) days before the expiration of the PUD Plan, or any extension thereof. Extension requests shall explain the reasons why the extension is necessary. Upon receipt of the extension request, the Community Development Director or designee shall refer the extension request to the Planning Commission and City Council for public hearing. It shall be in the City Council's discretion whether or not to grant extension requests. C. Amendment. Amendments to approved PUD Plans shall follow the same procedure that was followed when the plan was adopted. D. Minor Modifications. The Director of Community Development may administratively approve minor changes or alterations to an approved PUD Plan, subject to appeal which shall be filed within fifteen (15) days of the Director's decision, provided the Director makes the following findings: 1. The proposed changes are consistent with the intent of the approved PUD Plan. 2. The proposed changes will not adversely impact the environment. 3. The proposed changes will not be detrimental to the surrounding uses. 4. The proposed changes will not significantly increase traffic levels on existing streets and thoroughfares within and surrounding the development. Agenda Item No. 17 Page 25 of 55 5. Any proposed change, which requires exception from standard ordinance requirements, is warranted by the design and amenities incorporated into the approved PUD Plan. If the Director determines that the above findings cannot be made, then the request shall be considered a major change, and referred to the Planning Commission for review at a public hearing, and to City Council for review at a public hearing. E. Repeal. Any adopted PUD Plan may be repealed by the same procedure as the PUD plan was originally adopted. Prior to the adoption of an ordinance to repeal and discontinue a PUD, the City Council, with a recommendation from the Planning Commission, shall find that the PUD is no longer necessary for the orderly and systematic implementation of the general plan. The repealing ordinance shall include provisions for the immediate application of appropriate zoning to the area covered by the repealed plan. 17.37.080 Approved Planned Unit Development Overlays. The following PUD overlays cannot be effectively incorporated into the municipal code, have been approved by the city and are designated on the official zoning map of the city: Reserved Future PUD overlays shall be numbered consecutively, whether incorporated into the municipal code or adopted as uncodified ordinances, and shown on the official zoning map of the city with the prefix "PUD ". Agenda Item No. 17 Page 26 of 55 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 130 South Main Street CITY OF iN Lake Elsinore, CA 92530 • LADE ALSINORE (951) 674 -3124 Voice (951) 471 -1419 Fax DREAM EXTREME. NEGATIVE DECLARATION Project Entitlement No(s): Zoning Ordinance Text Amendment No. 2007 -01 Applicant: City of Lake Elsinore Address: 130 S. Main Street Lake Elsinore, CA 92530 Project Location: Citywide Project Description: A request to amend a portion of Lake Elsinore Municipal Code, Chapter 17.37, to establish a Planned Unit Development Overlay District (PUD) which can be applied to any zoning district type within the City. The PUD establishes a process to permit creative mixtures of uses and /or clustering of land uses on smaller project sites where a specific plan is not appropriate. The PUD also allows for flexibility in the development regulations and design standards for individual development projects. Permitted, accessory and conditional uses with a PUD will be generally the same as those allowed in the underlying zoning district. However, the PUD may include combinations of other uses that may compliment the uses of the underlying zoning district. Based on the attached Initial Study prepared for this project, the City of Lake Elsinore has determined that there would be no significant, adverse, effect on the environment due to the scope of the project. All other materials that constitute the basis upon for determining to adopt this Negative Declaration are available for public review at the City of Lake Elsinore Planning Division, 130 South Main Street, Lake Elsinore, CA 92530. This document constitutes a Negative Declaration. RESPONSIBLE AGENCIES (i.e., any agency that has discretionary approval power over the project): City of Lake Elsinore TRUSTEE AGENCIES (i.e., the California Department of Fish and Game, State Lands Commission, State Department of Parks and Recreation, and University of California): None Notice Pursuant to Section 21092.5 of the Public Resources Code: The public hearing date for the proposed Zoning Ordinance Text Amendment has not yet been determined. The public is invited to submit written comments on the proposed Negative Declaration to the Planning Division, attention Matt Harris, Senior Planner, 130 South Main Street, Lake Elsinore, CA 92530 or phone (951) 674 -3124. December 6, 2007 Matthew C. Harris, Senior Planner Date 28 Agenda Item No. 17 Page 27 of 55 CITY OF , COMMUNITY DEVELOPMENT DEPARTMENT LADE LSIIYOU 130 So St O DREAM EXTREME., Lake Elsinore, CA 92530 (951) 674 -3124 (951) 471 -1419 Fax INITIAL STUDY City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -01 December 6, 2007 Introduction This Initial Study has been prepared in accordance with relevant provisions of the California Environmental Quality Act (CEQA) of 1970, as amended, and the CEQA Guidelines. Section 15063(c) of the CEQA Guidelines indicates that the purposes of an Initial Study are to: 1. Provide the Lead Agency (i.e., the City of Lake Elsinore) with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR) or Negative Declaration; 2. Enable an applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR is prepared, thereby enabling the project to quality for a Negative Declaration or Mitigated Negative Declaration ; 3. Assist the preparation of an EIR, if one is required, by: • Focusing the EIR on the effects determined to be significant; • Identifying the effects determined not to be significant; • Explaining the reasons why potentially significant effects would not be significant; and • Identifying whether a program EIR, tiering, or another appropriate process can be used for analysis of the project's environmental effects; 4. Facilitate environmental assessment early in the design of a project; 5. Provide documentation of the factual basis for the findings in a Negative Declaration or Mitigated Negative Declaration that a project will not have a significant effect on the environment; 6. Eliminate unnecessary EIRs; and 7. Determine whether a previously prepared EIR could be used with the project. 1 Agenda Item No. 17 Page 28 of 55 City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -01 December 6, 2007 INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM 1. Protect Title: Zoning Ordinance Amendment No. 2007 -01 2. Lead Agency Name and Address: City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92530 3. Contact Person and Phone Number: Matthew C. Harris, Senior Planner (951) 674 -3124, Ext. 279 4. Project Location: Citywide in all zoning districts on sites that have a minimum area of one net acre. 5. Project Applicant Name and Address: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 6. General Plan Designation(s): Mountainous, Very Low Density, Low Density, Low Medium Density, Medium Density, Medium High Density, High Density, Mixed Use, Neighborhood Commercial, Tourist Commercial, General Commercial, Commercial Office, Freeway Business, Limited Industrial, Business Park, Public /Institutional, Open Space /Recreation, Floodway. 7. Zoning: R -R (Rural Residential), R -A (Agricultural Single - Family Residential), R -H (Hillside Single- Family Residential), R -1 (Single - Family Residential), R -2 (Medium Density Residential), R -3 High Density Residential), O -S (Open Space), R (Recreational), C -O (Commercial Office District), C -1 (Neighborhood Commercial District), C -2 (General Commercial District), C -P (Commercial Park District), C -M (Commercial Manufacturing District), M -1 (Limited Manufacturing District) and M -2 (General Manufacturing District). 8. Description of Project: To amend a portion of the Lake Elsinore Municipal Code Chapter 17.37 related to: 1. The establishment of a Planned Unit Development Overlay District which can be applied to any zoning district type within the City. 2. The Planned Unit Development Overlay District establishes a process to permit creative mixtures of uses and /or clustering of land uses in smaller areas where a specific plan is not appropriate. 3. The Planned Unit Development Overlay District allows for flexibility in the development regulations and design standards for individual development projects. 4. Permitted, accessory and conditional uses within a planned unit development (PUD) will be generally the same as those allowed in the underlying zoning district. However, the PUD may include combinations of other uses that may compliment the uses of the underlying zoning district. 9. Surrounding Land Uses and Setting: Varies by location as Zoning Ordinance Text Amendment No. 2007 -01 applies Citywide to all zoning districts. 10. Other agencies whose approval is required (e.g., permits, financing approval, or participating agreement): None. 2 Agenda Item No. 17 Page 29 of 55 City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -01 December 6, 2007 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agricultural Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology /Soils ❑ Hazards & Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use /Planning ❑ Mineral Resources ❑ Noise ❑ Population /Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities /Service Systems ❑ Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: (El 1 find the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the project could have a significant effect on the environment there will not be a significant effect in this case because revisions in the project have been made or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. ❑ 1 find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. December 6, 2007 Signature Date Matthew C. Harris Senior Planner, City of Lake Elsinore Print Name Title ENVIRONMENTAL IMPACT EVALUATION CHECKLIST 1. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project - specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project- specific screening analysis). 2. All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project - level, indirect as well as direct, and construction as well as operational impacts. 3 Agenda Item No. 17 Page 30 of 55 City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -01 December 6, 2007 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from 'Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," cited in support of conclusions reached in other sections may be cross - referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a. Earlier Analysis Used — Identify and state where they are available for review. b. Impacts Adequately Addressed— Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation Measures —For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. The explanation of each issue should identity: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance. A. AESTHETICS Potentially Less Than Less than Significant Significant S No Impact Would the project: Impact With Impact p Mitigation p 1. Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ 2. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway ?) ❑ ❑ 4. Substantially degrade the existing visual character or quality of the site and its surroundings ?) ❑ ❑ ❑ 5. Create a source of substantial light or glare, which would ❑ ❑ ❑ adversely affect day or nighttime views in the area? B. AGRICULTURAL RESOURCES* Potentially Less Than Less than Significant Significant Sign No Impact Would the project: Impact With Impact p Mitigation p 4 Agenda Item No. 17 Page 31 of 55 City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -01 December 6, 2007 B. AGRICULTURAL RESOURCES* Potentially Less Than Less than Significant Significant Significant No Impact Would the project: With Impact Mitigation Impact 6. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland ❑ ❑ ❑ Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? 7. Conflict with existing zoning for agricultural use, or a ❑ ❑ ❑ Williamson Act contract? 8. Involve other changes in the existing environment, which, due to their location or nature, could result in ❑ ❑ ❑ conversion of Farmland, to nonagricultural use? * In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural and farmland. C. AIR QUALITY* Potentially Less Than Less than Significant Sianif Wi thant Significant No Impact Would the project: Impact - With cant act p Mitigation Impact Conflict with or obstruct implementation of the applicable ❑ ❑ ❑ air quality plan? 10. Violate any air quality standard or contribute substantially ❑ ❑ ❑ to an existing or projected air quality violation? 1 1. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient ❑ ❑ ❑ air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 12. Expose sensitive receptors to substantial pollutant ❑ ❑ ❑ concentrations ?) 13. Create objectionable odors affecting a substantial ❑ ❑ ❑ number of people ?) * Where available, the significant criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. D. BIOLOGICAL RESOURCES Potentially Less Than L e ss than Significant Significant Significant No Impact Would the project: With Impact Mitigation Impact 14. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in ❑ ❑ ❑ local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 5 Agenda Item No. 17 Page 32 of 55 City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -01 December 6, 2007 D. BIOLOGICAL RESOURCES Potentially Less Than Less than Significant Significant Significant No Impact Would the project: With Impact Mitigation Impact 15. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the ❑ ❑ ❑ Califomia Department of Fish and Game or U.S. Fish and Wildlife Service? 16. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, ❑ ❑ ❑ El coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 17. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife ❑ ❑ ❑ El corridors, or impede the use of native wildlife nursery sites? 18. Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ❑ ❑ preservation policy or ordinance? 19. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation ❑ ❑ ❑ Plan, or other approved local, regional, or state habitat conservation plan? E. CULTURAL RESOURCES Potentially Less Than Less than Significant Significant Significant No Impact Would the project: Impact With Impact p Mitigation p 20. Cause a substantial adverse change in the significance ❑ ❑ ❑ El of a historical resource as defined in §15064.5? 21. Cause a substantial adverse change in the significance ❑ ❑ ❑ of an archaeological resource pursuant to §15064.5? 22. Directly or indirectly destroy a unique paleontological ❑ ❑ ❑ resource or site or unique geological feature? 23. Disturb any human remains, including those interred ❑ ❑ ❑ El outside of formal cemeteries? F. GEOLOGY AND SOILS Potentiall Less Than Le than Significant Significant Significant No Impact Would the project: Impact With Impact p Mitigation p 23. Expose people or structures to potential substantial adverse effects, including the risk of Toss, injury, or death involving: 6 Agenda Item No. 17 Page 33 of 55 City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -01 December 6, 2007 F. GEOLOGY AND SOILS Potentially Less Than Less than Significant Significant Significant No Impact Would the project: Impact With Impact p Mitigation p a. Rupture of a known earthquake fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist for the ❑ ❑ ❑ area or based on other substantial evidence of known fault? Refer to Division of Mines and Geology Special Pub. 42. b. Strong seismic ground shaking? ❑ ❑ ❑ c. Seismic - related ground failure, including liquefaction? ❑ ❑ ❑ d. Landslides? ❑ ❑ ❑ 24. Result in substantial soil erosion, or the loss of topsoil? ❑ ❑ ❑ 25. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, ❑ ❑ ❑ and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse 26. Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? ❑ ❑ ❑ 27. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste ❑ ❑ ❑ water? 7 Agenda Item No. 17 Page 34 of 55 G. HAZARDS AND HAZARDOUS MATERIALS Potentially Less Than Would the project: y Significant Less than Significant With Significant No Impact Impact Mitigation Impact 28. Create a significant hazard to the public or the environment through the routine transport, use or ❑ ❑ ❑ disposal of hazardous materials? 29. Create a significant hazard to the public or the environment through reasonably foreseeable up -set and ❑ ❑ ❑ accident conditions involving the release of hazardous materials into the environment? 30. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- ❑ ❑ ❑ El quarter mile of an existing or proposed school? 31. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, ❑ ❑ ❑ would it create a significant hazard to the public or the environment? 32. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the ❑ ❑ ❑ El project result in a safety hazard for people residing or working in the project area? 33 For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing ❑ ❑ ❑ El or working in the project area? 34. Impair implementation of or physically interfere with an adopted emergency response plan or emergency ❑ ❑ ❑ El evacuation plan? 35. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where ❑ ❑ ❑ wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? H. HYDROLOGY AND WATER QUALITY Potentially Less Than Less than Significant Significant Sign No Impact Would the project: With Impact Mitigation Impact 36. Violate any water quality standards or waste discharge requirements? ❑ ❑ ❑ 37. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production ❑ ❑ ❑ El rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 38. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or ❑ ❑ ❑ El amount of surface runoff in a manner which would result in substantial erosion or siltation on- or off -site? 39. Create or contribute runoff water, which would exceed the capacity of existing or planned storm water drainage ❑ ❑ ❑ CA systems or provide substantial additional sources of polluted runoff? 40. Otherwise substantially degrade quality? Ag - a da Item No. 17 y g rade water q y ❑ ❑ - ' - - "�- Page 35 of 55 H. HYDROLOGY AND WATER QUALITY Less Than Potentially Significant Less than Would the project: Significant With Significant No Impact Impact Mitigation Impact 41. Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood ❑ ❑ ❑ El Insurance Rate Map or other flood hazard delineation map? 42. Place within a 100 -year flood hazard area structures ❑ ❑ ❑ El which would impede or redirect flood flows? 43. Expose people or structures to a significant risk of Toss, injury or death involving flooding, including flooding as a ❑ ❑ ❑ El result of the failure of a levee or dam? 44. Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ El I. LAND USE AND PLANNING Less Than Potentially Significant Less than Would the project: Significant With Significant No Impact Impact Mitigation Impact 45. Physically divide an established community? ❑ ❑ ❑ El 46. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific ❑ ❑ ❑ El plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 47. Conflict with any applicable habitat conservation plan or ❑ ❑ ❑ El natural community conservation plan? J. MINERAL RESOURCES Less Than Potentially Significant Less than S ignificant nificant Significant No Im act Would the project: With p Impact Mitigation Impact 48. Result in the Toss of availability of a known mineral resource that would be of value to the region and the ❑ ❑ ❑ El residents of the state? 49. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local ❑ ❑ ❑ general plan, specific plan or other land use plan? K. NOISE Less Than Potentially Significant Less than Would the project result in: Significant With Significant No Impact Impact Mitigation Impact 50. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan ❑ ❑ ❑ El or noise ordinance, or applicable standards of other agencies? 9 Agenda Item No. 17 Page 36 of 55 K. NOISE Potentially Less Than Less than Significant Significant Significant No Impact Would the project result in: Impact With Impact p Mitigation p 51 . Exposure of persons to or generation of excessive ❑ ❑ ❑ El groundborne vibration or groundborne noise levels? 52. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the ❑ ❑ ❑ project? 53.A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels without the ❑ ❑ ❑ El project? 54. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project ❑ ❑ ❑ El expose people residing or working in the project area to excessive noise levels? 55. For a project located within the vicinity of a private airstrip, would the project expose people residing or working in the ❑ ❑ ❑ El project area to excessive noise levels? L. POPULATION AND HOUSING Potentially Less Than Less than Significant Significant Significant No Impact Would the project: Impact With Impact p Mitigation p 56. Induce substantial population growth in an area, either directly (for example, by proposing new homes and ❑ ❑ ❑ El businesses) or indirectly (for example, through an extension of roads or other infra - structure)? 57. Displace substantial numbers of existing housing, necessitating the construction of replacement housing ❑ ❑ ❑ elsewhere? 58. Displace substantial numbers of people, necessitating the ❑ ❑ ❑ construction of replacement housing elsewhere? M. PUBLIC SERVICES* Less Than Would the project result in substantial adverse physical Potentially Significant Less than Significant S No Impact impacts to the following: With Impact Mitigation Impact 59. Fire protection? ❑ ❑ ❑ El 60. Police protection? ❑ ❑ ❑ 61. Schools? ❑ ❑ ❑ El 62. Parks? ❑ ❑ ❑ 10 Agenda Item No. 17 Page 37 of 55 M. PUBLIC SERVICES* Less Than Would the project result in substantial adverse physical Potentially Significant Less than impacts to the following: With iifi Significant Significant No Impact Sgn Impact Mitigation Impact 63. Other public facilities? ❑ ❑ ❑ El Include potential effects associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services. N. RECREATION Potentially Less Than Less than Significant Significant Significant No Impact With Impact Mitigation Impact 64. Would the project increase the use of existing neighborhood and regional parks or other recreational ❑ ❑ ❑ facilities such that substantial physical deterioration of the facility would occur or be accelerated? 65. Does the project include recreational facilities or require the construction or expansion of recreational facilities, ❑ ❑ ❑ El which might have an adverse physical effect on the environment? 0. TRANSPORTATION /TRAFFIC Potentially Less Than Le than Significant Significant Significant No Impact Would the project: Impact W Impact p Mitigation p 66. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the ❑ ❑ ❑ number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? 67. Exceed, either individually or cumulatively, a level of service standard established by the County congestion ❑ ❑ ❑ El management agency for designated roads or highways? 68. Result in a change in traffic patterns, including either an increase in traffic levels or a change in location that results ❑ ❑ ❑ in substantial safety risks? 69. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or ❑ ❑ ❑ incompatible uses (e.g., farm equipment)? 70. Result in inadequate emergency access? ❑ ❑ ❑ 71 . Result in inadequate parking capacity? ❑ ❑ ❑ El 72. Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, ❑ ❑ ❑ bicycle racks)? P. UTILITIES AND SERVICE SYSTEMS Potentially Less Than Less than Significant Significant Significant No Impact With Would the project: Im Mitigation Impact 11 Agenda Item No. 17 Page 38 of 55_ P. UTILITIES AND SERVICE SYSTEMS Potentially Less Than Less than Significant Significant Significant No Impact With Would the project: Im Mitigation Impact 73. Exceed wastewater treatment requirements of the ❑ ❑ ❑ applicable Regional Water Quality Control Board? 74. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing ❑ ❑ ❑ facilities, the construction of which could cause significant environmental effects? 75. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the ❑ ❑ ❑ construction of which could cause significant environmental effects? 76. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are ❑ ❑ ❑ new or expanded entitlements needed? 77. Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has ❑ ❑ ❑ El adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 78. Be served by a landfill with sufficient permitted capacity to ❑ ❑ ❑ accommodate the project's solid waste disposal needs? 79. Comply with federal, state, and local statutes and ❑ ❑ ❑ regulations related to solid waste? Q. MANDATORY FINDINGS OF SIGNIFICANCE Potentially Less Than Less than Significant Sig h Significant No Impact Wit Impact Mitigation Impact 80. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate ❑ ❑ ❑ a plant or animal community, reduce the number or restrict the range of rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 81. Does the project have impacts that are individually limited, but cumulatively considerable ( "Cumulatively considerable" means that the incremental effects of a ❑ ❑ ❑ project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? 82. Does the project have environmental effects, which will cause substantial adverse effects on human beings, either ❑ ❑ ❑ directly or indirectly? -End of Environmental Impact Evaluation Checklist - ENVIRONMENTAL IMPACT EVALUATION DISCUSSION The following is a discussion of the potential impacts associated with the approval of the proposed project, as identified in the above Environmental Impact Evaluation Checklist. Explanations are provided for each item below. 12 Agenda Item No. 17 Page 39 of 55 A. AESTHETICS. Would the proposal: 1) Have a substantial adverse effect on a scenic vista? No Impact: The project proposes the establishment of a Planned Unit Development Overlay District to be applied within any zoning district citywide. The proposed zoning ordinance text amendment involves no physical development. A separate site specific environmental analysis will be undertaken in association with future development projects citywide. Therefore, the project will have no impact to any scenic resources. Mitigation Measures: None. 2) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway corridor? No Impact: The project proposes an amendment to the City's zoning ordinance allowing for the establishment of a Planned Unit Development Overlay District. The proposed amendment involves no physical development and is not site specific. Therefore, the project will have no impact to any scenic resources, including, but not limited to, trees, rock outcroppings and historic buildings within a scenic highway corridor. Mitigation Measures: None. 3) Substantially degrade the existing visual character or quality of the site and its surroundings? No Impact: Please refer to Al & A2 above. Mitigation Measures: None. 4) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? No Impact: Please refer to Al & A2 above. Mitigation Measures: None. B. AGRICULTURAL RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 5) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? No Impact: The project proposes an amendment to the City's zoning code allowing for the establishment of a Planned Unit Development Overlay Zoning District. The proposed text amendment involves no physical development. A separate site specific environmental analysis will be undertaken in association with future development projects citywide. Therefore, no relationship exists between the project and the conversion of farmland to urban uses. Mitigation Measures: None. 6) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact: The proposed provisions of the Planned Unit Development Overlay District including allowed densities, development standards, design guidelines and land uses must all be consistent with the goals, objectives and 13 Agenda Item No. 17 Page 40 of 55 policies of the City General Plan and conform with the City's zoning code. Therefore, no conflicts will be created with existing agricultural use policies or standards. Mitigation Measures: None. 7) Involve other changes in the existing environment, which due to their location or nature, could result in the conversion of Farmland, to non - agricultural use? No Impact: Refer to response B -5 & B -6 above. Mitigation Measures: None. C. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: 8) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The project is intended to provide a mechanism to allow for flexibility in development regulations and design standards so as to achieve a mixture of land uses and /or clustering of land uses that are traditionally prohibited by conventional zoning. The project would not change existing land uses contained in the City's General Plan or have any direct impacts on local air quality. The proposed text amendment involves no physical development. A separate site specific air quality analysis will be undertaken in association with future development projects citywide. Mitigation Measures: None. 9) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? No Impact: Refer to response C -8 above. Mitigation Measures: None. 10) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? No Impact: Refer to response C -8 above. Mitigation Measures: None. 11) Expose sensitive receptors to substantial pollutant concentrations? No Impact: Refer to response C -8 above. Mitigation Measures: None. 12) Create objectionable odors affecting a substantial number of people? No Impact: Refer to response C -8 above. Mitigation Measures: None. 14 Agenda Item No. 17 Page 41 of 55 D. BIOLOGICAL RESOURCES. Would the project: 13) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact: The proposed text amendment involves no physical development. A separate site specific environmental analysis, including the analysis of biological resources, will be undertaken in association with future development projects citywide. Likewise, the site specific project will be fully evaluated against all pertinent biological resource regulations in effect at that time. Therefore, there will be no conflict between the project and any adopted city, county, regional, state or federal policy, goal, or plan pertaining to the preservation and/or conservation of biological resources in the City of Lake Elsinore. Mitigation Measures: None. 14) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact Refer to response D -13 above. Mitigation Measures: None. 15) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact: Refer to response D -13 above. Mitigation Measures: None. 16) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No Impact: Refer to response D -13 above. Mitigation Measures: None. 17) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No Impact: Refer to response D -13 above. Mitigation Measures: None. 18) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact: Refer to response D -13 above. Mitigation Measures: None 15 Agenda Item No. 17 Page42of55 E. CULTURAL RESOURCES. Would the project: 19) Cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines q15064.5? No Impact The proposed text amendment involves no physical development. A separate site specific environmental analysis, including the analysis of cultural resources, will be undertaken in association with future development projects citywide. Likewise, the site specific project will be fully evaluated for consistency with all pertinent cultural resource regulations in effect at that time. As such, the project would have no impact on cultural resources. Mitigation Measures: None. 20) Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines § 15064.5? No Impact: Refer to response E -19 above. Mitigation Measures: None. 21) Directly or indirectly destroy a unique paleontological resource or .site or unique geologic feature? No Impact: Refer to response E -19 above. Mitigation Measures: None. 22) Disturb any human remains, including those interred outside of formal cemeteries? No Impact: Refer to response E -19 above. Mitigation Measures: None. F. GEOLOGY AND SOILS. Would the project: 23) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: a.) Rupture of a known earthquake fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. No Impact: The proposed text amendment involves no physical development. A separate site specific environmental analysis, including the analysis of geology and soils, will be undertaken in association with future development projects citywide. Necessary design provisions or setbacks will be incorporated into the project at that time. Therefore, the proposed project would have no potential for geology or soils related impacts. Mitigation Measures: None. b.) Strong seismic ground shaking? No Impact: Refer to response F -23 (a) above. 16 Agenda Item No. 17 Page 43 of 55 Mitigation Measures: None. c.) Seismic - related ground failure, including liquefaction? No Impact: Refer to response F -23 (a) above. Mitigation Measures: None. d.) Landslides? No Impact: Refer to response F -23 (a) above. Mitigation Measures: None. 24) Result in substantial soil erosion or the loss of topsoil? No Impact. Refer to response F -23 (a) above. Mitigation Measures: None. 25) Be located on a geologic unit or soil that is unstable, or would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? No Impact: Refer to responses F -23 (a). Mitigation Measures: None. 26) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? No Impact: Refer to response F -23 (a) above. Mitigation Measures: None. 27) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste water? No Impact: Refer to response F -23 (a) above. Mitigation Measures: None. G. HAZARDS AND HAZARDOUS MATERIALS. Would the project: 28) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? No Impact: The proposed Planned Unit Development Overlay District involves no physical development and in no way involves or affects the routine transport, use, or disposal of hazardous materials. A site specific environmental analysis will be undertaken for future development projects citywide. The analysis will include the evaluation of hazards and hazardous materials. Therefore, the project would have no impacts. Mitigation Measures: None. 17 Agenda Item No. 17 Page 44 of 55 29) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? No Impact: Refer to response G -28 above. Mitigation Measures: None. 30) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? No Impact: Refer to response G -28 above. Mitigation Measures: None. 31) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact: Refer to response G -28 above. Mitigation Measures: None. 32) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact: Refer to response G -28 above. Mitigation Measures: None. 33) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No Impact: Refer to response G -28 above. Mitigation Measures: None. 34) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No Impact: Refer to response G -28 above. Mitigation Measures: None. 35) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? No Impact: Refer to response G -28 above. Mitigation Measures: None. H. HYDROLOGY AND WATER QUALITY. Would the project: 18 Agenda Item No. 17 Page 45 of 55 36) Violate any water quality standards or waste discharge requirements? No Impact: The project is intended to provide a mechanism to allow for flexibility in development regulations and design standards so as to achieve a mixture of land uses and /or clustering of land uses that are traditionally prohibited by conventional zoning. The project would not change existing land uses contained in the City's General Plan or have any direct impacts on hydrology or water quality. The proposed text amendment involves no physical development. A separate site specific hydrology and water quality analysis will be undertaken in association with future development projects citywide. The proposed amendment would have no effect on hydrology or water quality in the City of Lake Elsinore. Therefore, no impacts would occur. Mitigation Measures: None. 37) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? No Impact: Refer to response H -36 above. Mitigation Measures: None. 38) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of the surface runoff in a manner, which would result in substantial erosion or siltation on- or off -site? No Impact: Refer to response H -36 above. Further, clustering or mixing of land uses has the potential to create additional open space thereby slowing the rate or amount of surface run off thus reducing substantial erosion or silt on or off -site. Mitigation Measures: None. 39) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? No Impact: Refer to response H -36 above. Mitigation Measures: None. 40) Otherwise substantially degrade water quality? No Impact: Refer to response H -36 above. Mitigation Measures: None. 41) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact: Refer to response H -36 above. Mitigation Measures: None. 42) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? No Impact: Refer to response H -36 above. 19 Agenda Item No. 17 Page 46 of 55 Mitigation Measures: None. 43) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? No Impact: Refer to response H -36 above. Mitigation Measures: None. 44) Inundation by seiche, tsunami, or mudflow? No Impact: Refer to response H -36 above. Mitigation Measures: None. LAND USE AND PLANNING. Would the project: 45) Physically divide an established community? No Impact: The project is intended to provide a mechanism to allow for flexibility in development regulations and design standards so as to achieve a mixture of land uses and /or clustering of land uses that are traditionally prohibited by conventional zoning. The project would not change existing land uses or allowed densities in association with land use designations contained in the City's General Plan or Zoning Ordinance. Future development projects utilizing the provisions of the Planned Unit Development Overlay will be evaluated on a case by case basis regarding community division issues. Therefore, the proposed text amendment would have no associated impacts. Mitigation Measures: None 46) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? No Impact: The project is intended to provide a mechanism to allow for flexibility in development regulations and design standards so as to achieve a mixture of land uses and /or clustering of land uses that are traditionally prohibited by conventional zoning. The project would not change existing land uses or allowed densities in association with land use designations contained in the City's General Plan or Zoning Ordinance. Therefore the proposed amendment would have no impact to any plan, policy or regulation adopted for the purpose of avoiding or mitigating an environmental effect. Mitigation Measures: None. 47) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact: The proposed Planned Unit Development Overlay District must be consistent with all existing goals, objectives and policies of the General Plan including the associated Habitat Conservation Plan. While no physical development is proposed with this zone code text amendment, future development projects utilizing the provisions of this overlay district will be subject to site specific environmental analysis which will include a consistency analysis with any existing regional habitat conservation plans. As such, no impacts would result from this text amendment. Mitigation Measures: None. 20 Agenda Item No. 17 Page 47 of 55 J. MINERAL RESOURCES. Would the project: 48) Result in the loss of availability of a known mineral resource that would be of value to the reqion and the residents of the state? No Impact: The proposed Planned Unit Development Overlay District involves no physical development and in no way involves or affects mineral resources. A site specific environmental analysis will be undertaken for future development projects citywide. The analysis will include the evaluation of mineral resources. Therefore, no alteration or loss of known mineral resources would occur from this text amendment. Mitigation Measures: None. 49) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact: Refer to response J -48 above. Mitigation Measures: None. K. NOISE. Would the project result in: 50) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? No Impact: The proposed Zoning Ordinance Text Amendment will not expose persons to the generation of excess noise levels, ground borne vibration, or increase ambient noise in the City of Lake Elsinore. The amendment does not involve any development that would impact noise levels in the City. The proposed amendment does not alter any noise - related regulations found in the Municipal Code or General Plan and would not lead to a change in the generation of noise. Therefore, no impact to noise levels would occur. Mitigation Measures: None. 51) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? No Impact: Refer to response K -50 Mitigation Measures: None. 52) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? No Impact: Refer to response K - 50 above. Mitigation Measures: None. 53) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? No Impact: Refer to response K -50 above. Mitigation Measures: None. 21 Agenda Item No. 17 Page48of55 54) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact: The project consists of a Municipal Code amendment and does not involve any physical development. Site specific planned unit development overlay projects citywide will undergo an environmental analysis in the future. The analysis will include potential airport noise related impacts. Therefore, the proposed project will have no affect related to the City's existing private use airport or noise levels associated thereto. Mitigation Measures: None. 55) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Impact: Refer to response K -54 above. Mitigation Measures: None. L. POPULATION AND HOUSING. Would the project: 56) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? No Impact: The project is intended to provide a mechanism to allow for flexibility in development regulations and design standards so as to achieve a mixture of land uses and /or clustering of land uses that are traditionally prohibited by conventional zoning. A mixture and /or clustering of land uses will serve to increase housing opportunities for the community while further implementing the goals, objectives and policies of the housing element of the general plan. The project would not change existing residential land uses or allowed densities in association with land use designations contained in the City's General Plan or Zoning Ordinance. Therefore, the proposed amendment would have no significant impact on population and housing. Mitigation Measures: None. 57) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact: Refer to response L -56 above. Mitigation Measures: None. 58) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact: Refer to response L -56 above. Mitigation Measures: None. M. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratio, response times or other performance objectives for any of the public service: 22 Agenda Item No. 17 Page 49 of 55 59) Fire protection? No Impact. The proposed project is a regulatory adjustment and does not involve any development. Therefore, the project will have no impact on the City's public services. Mitigation Measures: None 60) Police protection? No Impact: Refer to response M -59 above. Mitigation Measures: None. 61) Schools? No Impact: Refer to response M -59 above. Mitigation Measures: None. 62) Parks? No Impact: The proposed amendment to the City's Municipal Code will not have an effect on the number of persons using public parks. Therefore, the proposed amendment would have no impact to parks. Mitigation Measures: None. 63) Other Public Facilities? No Impact: Refer to response M -59 and M -62 above. Mitigation Measures: None. N. RECREATION 64) Would the proposed project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? No Impact: Refer to response M -59 and M-62 above. Mitigation Measures: None. 65) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse effect on the environment? No Impact: Refer to response M -59 and M -62 above. Mitigation Measures: None. O. TRANSPORTATION/TRAFFIC. Would the project: 23 Agenda Item No. 17 Page 50 of 55 66) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? No Impact: The project is intended to provide a mechanism to allow for flexibility in development regulations and design standards so as to achieve a mixture of land uses and /or clustering of land uses that are traditionally prohibited by conventional zoning. This mixture or clustering of land uses can provide for residential and business activities where multiple activities and an increased degree of pedestrian orientation are considered desirable and can serve to reduce vehicular commuting trips. The project will not change existing residential, commercial or industrial land uses or the allowed densities thereof in association with the land use designations contained in the City's General Plan or Zoning Ordinance. Therefore, the traffic volumes associated with the uses have already been assumed under the City's General Plan Circulation Element. Future specific development projects utilizing the provisions of the PUD overlay will be undergo individual environmental analysis including the evaluation of circulation issues. Therefore, the project would have no impact. Mitigation Measures: None. 67) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? No Impact: Refer to response 0 -66 above. Mitigation Measures: None. 68) Result in a change in traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact: Refer to response 0 -66 above. Mitigation Measures: None. 69) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.q., farm equipment)? No Impact: Refer to response 0-66 above. Mitigation Measures: None. 70) Result in inadequate emergency access? No Impact: Refer to response 0-66 above. Mitigation Measures: None. 71) Result in inadequate parking capacity? No Impact: The proposed Zoning Ordinance Text Amendment would provide a mechanism to allow for flexibility in development regulations and design standards so as to achieve a mixture of land uses and /or clustering of land uses that are traditionally prohibited by conventional zoning. Lake Elsinore Municipal Code Section 17.66 (Parking Requirements) currently has parking standards that address allowed land uses as specified in the City General Plan and Zoning Ordinance. These parking standards will be applied to future individual site specific development projects that utilize the provisions of the PUD ordinance. Therefore, the proposed amendment will not result in inadequate parking capacity. 24 Agenda Item No. 17 Page 51 of 55 Mitigation Measures: None. 72) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.q., bus turnouts, bicycle racks)? No Impact: The proposed amendment allows for a mixture or clustering of land uses which may serve to promote alternative transportation methods such as carpooling, public transportation and use of bicycles. The proposed zoning ordinance text amendment involves no physical development. Future site specific development projects that utilize the provisions of the PUD ordinance will be reviewed by applicable transportation agencies and against alternative transportation plans in effect at that time. Therefore, no impacts will result regarding alternative transportation modes. Mitigation Measures: None. P. UTILITIES AND SERVICE SYSTEMS. Would the project: 73) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No Impact: The project is intended to provide a mechanism to allow for flexibility in development regulations and design standards so as to achieve a mixture of land uses and /or clustering of land uses that are traditionally prohibited by conventional zoning. The project would not change existing land uses or allowed densities in association with land use designations contained in the City's General Plan or Zoning Ordinance. Therefore, requirements related to both utilities and service systems will not comprehensively exceed those system levels currently planned for. Future development projects utilizing the provisions of the Planned Unit Development Overlay will also be evaluated on an incremental case by case basis regarding utility and service system impacts. Mitigation Measures: None. 74) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact: Refer to response P -73 above. Mitigation Measures: None. 75) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact: Refer to response P -73 above. Mitigation Measures: None. 76) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? No Impact: Refer to response P -73 above. Mitigation Measures: None. 25 Agenda Item No. 17 Page 52 of 55 77) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? No Impact: Refer to response P -73 above. Mitigation Measures: None. 78) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? No Impact: Refer to response P -73 above. Mitigation Measures: None. 79) Comply with federal, state, and local statutes and regulations related to solid waste? No Impact: Refer to response P -73 above. Mitigation Measures: None. Q. MANDATORY FINDINGS OF SIGNIFICANCE. 80) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? No Impact: The project involves regulatory changes to the Municipal Code and no physical development activity that could affect biological resources is proposed. Therefore, the proposed amendment will have no impact on any sensitive plant or animal species or habitat. Likewise, there will be no conflict with any adopted city, county, regional, state or federal policies, goals, or plans pertaining to the preservation and /or conservation of biological resources in the City of Lake Elsinore. 81) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? No Impact The project involves a Municipal Code amendment with no associated development activity and, as such, there are no related or cumulative projects to be considered. 82) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? No Impact The proposed project is a Zoning Ordinance Text Amendment with no associated physical environmental effects. -End of Environmental Impact Evaluation Discussion - 26 Agenda Item No. 17 Page 53 of 55 REFERENCES FOR ENIVRONMENTAL EVALUATION The following references were utilized during preparation of this Initial Study: 1) City of Lake Elsinore General Plan 2) City of Lake Elsinore Municipal Code 3) Draft Planned Unit Development Overlay District Ordinance 27 Agenda Item No. 17 Page 54 -of 55 CITY OF LADE 5 LSINORE Notice of Intent to Adopt DREAM EXTREME,. A Negative Declaration ler (In compliance with Section 1 5072 of the Public Resources Code) Filed With: D Office of Planning and Research ❑X County Clerk of Riverside County 1400 Tenth Street, Room 121 2724 Gateway Drive Sacramento, CA 95814 Riverside, CA 92507 Project Title: Zoning Ordinance Text Amendment No. 2007 -01 - Planned Unit Development Overlay District Project Location: City-wide Project Location (City): City of Lake Elsinore Project Location (County): Riverside County Description of Project: To amend a portion of Lake Elsinore Municipal Code, Chapter 17.37 as follows: 1. The establishment of a Planned Unit Development Overlay District which can be applied to any zoning district type within the City. 2. The Planned Unit Development Overlay District establishes a process to permit creative mixtures of uses and/or clustering of land uses on smaller project sites where a specific plan is not appropriate. 3. The Planned Unit Development Overlay District allows for flexibility in the development regulations and design standards for individual development projects. 4. Permitted, accessory and conditional uses within a Planned Unit Development will be generally the same as those allowed in the underlying zoning district. However, the Planned Unit Development may include combinations of other uses that may compliment the uses of the underlying zoning district. Environmental clearance for the proposed project is provided by a Negative Declaration in conformance with the California Environmental Quality Act (CEQA). Name of Lead Agency: City of Lake Elsinore, Community Development Department, Planning Division Lead Agency Contact Person: Matthew C. Harris, Senior Planner Telephone Number: (951) 674 -3124 x 279 Address where document may be obtained: City of Lake Elsinore, 130 South Main Street, Lake Elsinore, CA 92530. A copy of the document is also available at the Lake Elsinore Library. Public Review Period: Begins: December 9, 2007 Ends: December 28, 2007 Tentative Public Hearing Dates(s): To Be Determined Anyone interested in this matter is invited to comment on the document by written response or by personal appearance at the hearing. For inquires please contact: Matt Harris, Senior Planner (951) 674 -3124 x 279 Signed: Title: Director of Community Development Rolfe Preisendanz Agenda Item No. 17 Page 55 of 55