HomeMy WebLinkAboutItem No. 4C ITY OF
LADE LSII`IORE
DREAM EXTREME.
REPORT TO PLANNING COMMISSION
TO: HONORABLE CHAIRMAN
AND MEMBERS OF THE PLANNING COMMISSION
FROM: TOM WEINER,
ACTING DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: MARCH 3, 2009
SUBJECT: ZONING ORDINANCE TEXT AMENDMENT NO. 2009-01; A
MODIFICATION TO MULTIPLE SECTIONS OF THE LAKE
ELSINORE MUNICIPAL CODE (LEMC) IN ORDER TO
DEFINE RELIGIOUS ASSEMBLY, INSTITUTIONS AND
STRUCTURES, AND TO BROADEN CERTAIN LAND USE
DESCRIPTIONS IN AN EFFORT TO FURTHER COMPLY
WITH THE RELIGIOUS LAND USE AND
INSTITUTIONALIZED PERSONS ACT (RLUIPA)
APPLICANT: CITY OF LAKE ELSINORE: 130 SOUTH MAIN STREET,
LAKE ELSINORE, CA 92530
Purpose
The purpose of this report is to present information to the Planning Commission regarding
the proposed Zoning Ordinance Text Amendment to amend Sections 17.08.090,
17.08.160, 17.64.030, 17.68.030, 17.72.030, 17.76.020, 17.80.020, 17.84.020,
17.116.030, 17.120.030, 17.124.020, and 17.132.030 (the "Pertinent Subsections ") of the
Lake Elsinore Municipal Code (LEMC) to define religious assembly, institutions and
structures, and to broaden certain land use descriptions to refer to "religious assembly,
institution, and structures," instead of "churches" in an effort to further comply with the
RLUIPA (defined below).
Discussion
On September 22, 2000, President Clinton signed into law the Religious Land Use and
Institutionalized Persons Act (Pub. L. No 106 -274, 114 Stat. 903 (codified at 42 U.S.C. §
2000cc- 2000c -5): "RLUIPA "). RLUIPA secures the rights of individuals to pursue and
practice their religious beliefs and provides religious institutions protection from
discrimination by local governments in land use regulations and the processing of
R,GENQA ITEM CdO.
PACE F W G
Zoning Ordinance Text Amendment No. 2009 -01
March 3, 2009
Page 2 of 3
applications for the construction of buildings to be used for religious purposes. After
RLUIPA was signed into law, the City of Lake Elsinore made certain revisions to the LEMC
to reflect the new legislation. Currently, the LEMC refers narrowly to 'churches" as
permitted and conditionally permitted uses in Title 17. However, the term 'church" is very
narrow and does not include other types of religious establishments that RLUIPA protects.
Therefore, Text Amendment No. 2009 -01 will amend the Pertinent Subsections of Title 17
of the LEMC to define religious assembly, institution and structures, and to broaden the
land use descriptions set forth in the various Pertinent Subsections to refer to 'religious
assembly, institution, and structures," instead of "churches" in an effort to further comply
with RLUIPA.
The proposed changes to the Pertinent Subsections are set forth in the attached draft
ordinance. Additions are shown in underline text and deletions are shown in str+keeu text.
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 public
review from January 22, 2009 through February 13, 2009.
The City received four (4) comment letters during the review period. On February 3, 2009,
the Riverside County Flood Control and Water Conservation District provided a letterto the
City that they had "no comments" concerning the project or the circulated Negative
Declaration (see attachment 5). On February 5, 2009, the California Department of Fish &
Game (CDFG) provided a letter indicating that the project would not have an impact on
fish, wildlife, and habitat and therefore the project is exempt from the CDFG CEQA filing
fee (see attachment 6). On February 12, 2009, the City of Canyon Lake provided a letter to
the City that they had "no comments" concerning the project or the circulated Negative
Declaration (see attachment 7). On February 17, 2009 the Riverside County Fire
Department provided a letter to the City that they had "no comments" concerning the
project or the circulated Negative Declaration.
Recommendation
a. Adopt a resolution recommending City Council approval of Text Amendment No.
2009 -01 in order to amend Sections 17.08.090, 17.08.160, 17.64.030, 17.68.030,
17.72.030, 17.76.020, 17.80.020, 17.84.020, 17.116.030, 17.120.030, 17.124.020,
and 17.132.030 of the LEMC.
AGENDA ITEM 4
PAGE Z OF :&0
Zoning Ordinance Text Amendment No. 2009 -01
March 3, 2009
Page 2 of 3
applications for the construction of buildings to be used for religious purposes. After
RLUIPA was signed into law, the City of Lake Elsinore made certain revisions to the LEMC
to reflect the new legislation. Currently, the LEMC refers narrowly to "churches" as
permitted and conditionally permitted uses in Title 17. However, the term "church" is very
narrow and does not include othertypes of religious establishments that RLUIPA protects.
Therefore, Text Amendment No. 2009 -01 will amend the Pertinent Subsections of Title 17
of the LEMC to define religious assembly, institution and structures, and to broaden the
land use descriptions set forth in the various Pertinent Subsections to refer to "religious
assembly, institution, and structures," instead of "churches" in an effort to further comply
with RLUIPA.
The proposed changes to the Pertinent Subsections are set forth in the attached draft
ordinance. Additions are shown in underline text and deletions are shown in strtkeou text.
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 public
review from January 22, 2009 through February 13, 2009.
The City received four (4) comment letters during the review period. On February 3, 2009,
the Riverside County Flood Control and Water Conservation District provided a letterto the
City that they had "no comments" concerning the project or the circulated Negative
Declaration (see attachment 5). On February 5, 2009, the California Department of Fish &
Game (CDFG) provided a letter indicating that the project would not have an impact on
fish, wildlife, and habitat and therefore the project is exempt from the CDFG CEQA filing
fee (see attachment 6). On February 12, 2009, the City of Canyon Lake provided a letterto
the City that they had ' C@imments" concerning the project or the circulated Negative
Declaration (see attachment 7). On February 17, 2009 the Riverside County Fire
Department provided a letter to the City that they had "no comments" concerning the
project or the circulated Negative Declaration.
Recommendation
a. Adopt a resolution recommending City Council approval of Text Amendment No.
2009 -01 in order to amend Sections 17.08.090, 17.08.160, 17.64.030, 17.68.030,
17.72.030, 17.76.020, 17.80.020, 17.84.020, 17.116.030, 17.120.030, 17.124.020,
and 17.132.030 of the LEMC*
AGENDA ITEM H
PAGE OF 0 0
Zoning Ordinance Text Amendment No. 2009 -01
March 3, 2009
Page 3 of 3
Prepared By: Justin Carlson, G/C
Associate Planner
Approved By: Tom Weiner,
Acting Director of Community Development
Attachments:
1. Planning Commission Resolution
2. "Draft" Ordinance
3. Negative Declaration and Initial Study
4. Notice of Intent to adopt a Negative Declaration
5. Riverside County Flood Control and Water Conservation District "No
Comments" Letter (dated February 3, 2009)
6. California Department of Fish & Game "CEQA Filing Fee No Effect
Determination Form"
City of Canyon Lake "No Comments" Letter (dated, February 12, 2009)
Riverside County Fire Department "No Comments" Letter (dated February 16,
2009)
AGENDA TEM
PAGE V OF �& O
RESOLUTION NO. 2009-
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. 2009 -01 AND THE
ADOPTION OF THE NEGATIVE DECLARATION
THEREFORE
WHEREAS, the Community Development Department of the City of Lake
Elsinore has initiated Zoning Ordinance Text Amendment No. 2009 -01, which amends
sections 17.08.090, 17.08.160, 17.64.030, 17.68.030, 17.72.030, 17.76.020, 17.80.020,
17.84.020, 17.116.030, 17.120.030, 17.124.020, and 17.132.030 of the Lake Elsinore
Municipal Code (the "Proposed Amendments ") regarding religious assembly, institution,
and structures; and
WHEREAS, the City of Lake Elsinore wishes to provide clear standards
for the establishment and implementation of religious assembly, institution, and
structures, which can be applied throughout the City of Lake Elsinore; and
WHEREAS, on September 27, 2000, the Religious Land Use and
Institutionalized Persons Act (Pub. L. No 106 -274, 114 Stat. 903 (codified at 42 U.S.C. §
2000cc- 2000c -5): "RLUIPA ") was enacted into federal law to (1) prohibit discrimination
against any religious assembly or institution on the basis of religion when rendering land
use decisions, (2) prohibit the placement of unreasonable limits on religious assemblies,
institutions or structures when rendering land use decisions, and (3) prohibit the
complete exclusion of religious assemblies from a particular jurisdiction when rendering
land use decisions; 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. 2009 -01; and
WHEREAS, Section 17.188.050 of the LEMC stipulates that the Planning
Commission render its recommendation on a Zoning Ordinance Text Amendment,
including the reasons for the recommendation, to the City Council; and
WHEREAS, at a duly noticed public hearing, held on March 3, 2009, 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:
Planning Commission Resolution No. 2009 —
Page 2 of 5
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. 2009 -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. 2009 -01 is to
define religious assembly, institution, and structures, and will also broaden certain land
use descriptions to refer to "religious assembly, institution, and structures," instead of
"churches" in an effort to further comply with RLUIPA.
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. 2009 -01:
1. The Proposed Amendments will define religious assembly, institution,
and structures, and will broaden certain land use descriptions to refer to 'religious
assembly, institution, and structures," instead of "churches" in an effort to further comply
with RLUIPA.
2. The Proposed Amendments are consistent with the current General
Plan and will assist in the provision of a well - balanced mix of land uses, including
religious land uses.
3. The Proposed Amendments do not create new districts and do not
exclude religious land uses from any particular zoning district. The Proposed
Amendments simply clarify the definition of religious assembly, institution, and
structures, and revise references made to "churches ". Text Amendment No. 2009 -01 is
not proposing any new zoning districts that would require General Plan /Zoning Code
consistency findings.
SECTION 4. 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 amend the following sections of the LEMC:
17.08.090 1 definitions.
"Institutional use" means a non - profit or quasi - public use or institution, such as
a shufsh place of religious assembly or institution library, public or private school,
hospital, or municipally owned or operated building, structure or land, used for public
purpose.
AGINUDA iTEM H0. _14-
Planning Commission Resolution No. 2009 -
Page 3 of 5
17.08.160 P definitions.
"Places of Religious Assembly or Institution" means places of religious
assembly or institution including, but not limited to: churches, mosques, synagogues,
temples, halls, or other structures or land used by people for purposes of religious
exercise.
17.64.030 Uses subject to a conditional use permit.
T. Ch wphes Places of Religious Assembly or Institution located on a site at least
one (1) acre in size.
17.68.030 Uses subject to a conditional use permit.
E. Churches Places of Religious Assembly or Institution located on a site at least
one (1) acre in size.
17.72.030 Uses subject to a conditional use permit.
D. Churches Places of Religious Assembly or Institution located on a site at
least one (1) acre in size.
17.76.020 Permitted uses.
I. Churches Places of Religious Assembly or Institution located on a site at least
one (1) acre in size.
17.80.020 Permitted uses.
K. Churches Places of Religious Assembly or Institution located on a site at least
one (1) acre in size.
17.84.020 Permitted uses.
K. GhUFGhee Places of Religious Assembly or Institution located on a site at least
one (1) acre in size.
17.116.030 Uses subject to a conditional use permit.
A. Shufches Places of Religious Assembly or Institution
17.120.030 Uses subject to a conditional use permit.
C. Places of Religious Assembly or Institution
17.124.020 Permitted uses.
A. Churches Places of Religious Assembly or Institution
ACFX 4
Planning Commission Resolution No. 2009 —.
Page 4 of 5
17.132.030 Uses subject to a conditional use permit.
U. Ghars#es Places of Religious Assembly or Institution located on a site at
least one (1) acre in size looating i^ aR existing G M St._G +,,.e OR a temporary Hoof_
SECTION 5. This Resolution shall take effect from and after the date of
its passage and adoption.
PASSED, APPROVED AND ADOPTED this 3` day of March 2009.
Axel Zanelli, Chairman
City of Lake Elsinore
ATTEST:
Tom Weiner
Acting Director of Community Development
AGENDA iTU i C10-
PAGE
••
■••
SECTION 5. This Resolution shall take effect from and after the date of
its passage and adoption.
PASSED, APPROVED AND ADOPTED this 3` day of March 2009.
Axel Zanelli, Chairman
City of Lake Elsinore
ATTEST:
Tom Weiner
Acting Director of Community Development
AGENDA iTU i C10-
PAGE
Planning Commission Resolution No. 2009 -
Page 5 of 5
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, TOM WEINER, Acting Director of Community Development of the City of Lake
Elsinore, California, hereby certify that Resolution No. 2009 was adopted
by the Planning Commission of the City of Lake Elsinore at a regular meeting held on
the 3` day of March 2009, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tom Weiner
Acting Director of Community Development
AGENDA ITEMI k°u0.
PACE 9 Ct' O
"DRAFT ORDIANCE"
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AMENDING SECTIONS
17.08.090, 17.08.160, 17.64.030, 17.68.030, 17.72.030,
17.76.020, 17.80.020, 17.84.020, 17.116.030, 17.120.030,
17.124.020, AND 17.132.030 OF THE LAKE ELSINORE
MUNICIPAL CODE REGARDING RELIGIOUS LAND USES
WHEREAS, the Planning and Zoning Laws of the State of California
authorize the City Council of the City of Lake Elsinore to adopt ordinances that, among
other things, regulate the use of buildings, structures, and land within the jurisdictional
boundaries of the City and its sphere of influence for industry, business, residences,
and open space; and
WHEREAS, on September 27, 2000, the Religious Land Use and
Institutionalized Persons Act (Pub. L. No 106 -274, 114 Stat. 903 (codified at 42 U.S.C. §
2000cc- 2000c -5): "RLUIPA ") was enacted into federal law to (1) prohibit discrimination
against any religious assembly or institution on the basis of religion when rendering land
use decisions, (2) prohibit the placement of unreasonable limits on religious assemblies,
institutions or structures when rendering land use decisions, and (3) prohibit the
complete exclusion of religious assemblies from a particular jurisdiction when rendering
land use decisions; and
WHEREAS, the City Council of the City of Lake Elsinore desires to amend
the Lake Elsinore Zoning Code (Title 17) to define religious assembly, institution and
structures, and to broaden certain land use descriptions in an effort to further
compliance with RLUIPA; and
WHEREAS, based on evidence presented by the Community
Development Department and other interested parties at a duly noticed public hearing
on , 2009, the Planning Commission recommended that the City Council
approve this ordinance amending sections 17.08.090, 17.08.160, 17.64.030, 17.68.030,
17.72.030, 17.76.020, 17.80.020, 17.84.020, 17.116.030, 17.120.030, 17.124.020, and
17.132.030 of the Lake Elsinore Municipal Code regarding religious assembly,
institution, and structures; and
WHEREAS, at a duly noticed public hearing, held on , 2009,
the City Council considered the Planning Commission's recommendation and evidence
presented by the Community Development Department and other interested parties
regarding the proposed Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS:
G�GE6�OId �E�si bra. I
PAGE 0 Or
SECTION 1. All amendments to Title 17 shall be reflected by the following
structure: additions are shown in underline and deletions are shown in s t F ik e t h
SECTION 2. That Section 17.08.090 of the Lake Elsinore Municipal Code be
amended as follows:
17.08.090 1 definitions.
"Institutional use" means a non - profit or quasi - public use or institution, such as
a ehuFeh place of religious assembly or institution library, public or private school,
hospital, or municipally owned or operated building, structure or land, used for public
purpose.
SECTION 3. That Section 17.08.160 of the Lake Elsinore Municipal Code be
amended to add the following definition of 'Places of Religious Assembly or Institution"
between the definitions of 'Philanthropic or charitable organization" and `Planned
residential development' as follows:
17.08.160 P definitions.
"Places of Religious Assembly or Institution" means places of religious
assembly or institution including, but not limited to: churches, mosques, synagogues,
temples, halls, or other structures or land used by people for purposes of religious
exercise.
SECTION 4. That Section 17.64.030(T) of the Lake Elsinore Municipal Code be
amended as follows:
17.64.030 Uses subject to a conditional use permit.
T. Shushes Places of Religious Assembly or Institution located on a site at least
one (1) acre in size.
SECTION 5. That Section 17.68.030(E) of the Lake Elsinore Municipal Code be
amended as follows:
17.68.030 Uses subject to a conditional use permit.
E. GhUFGhe8 Places of Religious Assembly or Institution located on a site at least
one (1) acre in size.
SECTION 6. That Section 17.72.030(D) of the Lake Elsinore Municipal Code be
amended as follows:
17.72.030 Uses subject to a conditional use permit.
D. Shurehes Places of Religious Assembly or Institution located on a site at
least one (1) acre in size.
- AGENDA ITEM � 6afl.
PAG ®i
SECTION 7. That Section 17.76.020(1) of the Lake Elsinore Municipal Code be
amended as follows:
17.76.020 Permitted uses.
I. G#arehes Places of Religious Assembly or Institution located on a site at least
one (1) acre in size.
SECTION 8. That Section 17.80.020(K) of the Lake Elsinore Municipal Code be
amended as follows:
17.80.020 Permitted uses.
K. GhUrshes Places of Religious Assembly or Institution located on a site at least
one (1) acre in size.
SECTION 9. That Section 17.84.020(K) of the Lake Elsinore Municipal Code be
amended as follows:
17.84.020 Permitted uses.
K. Char-ehes Places of Religious Assembly or Institution located on a site at least
one (1) acre in size.
SECTION 10. That Section 17.116.030(A) of the Lake Elsinore Municipal Code
be amended as follows:
17.116.030 Uses subject to a conditional use permit.
A. Ghur-ehes Places of Religious Assembly or Institution
SECTION 11. That Section 17.120.030(C) of the Lake Elsinore Municipal Code
be amended as follows:
17.120.030 Uses subject to a conditional use permit.
C. Chi rehes Places of Religious Assembly or Institution
Section 12. That Section 17.124.020(A) of the Lake Elsinore Municipal Code be
amended as follows:
17.124.020 Permitted uses.
A. GhuFGhes Places of Religious Assembly or Institution
SECTION 13. That Section 17.132.030(U) of the Lake Elsinore Municipal Code
be amended as follows:
17.132.030 Uses subject to a conditional use permit.
AGENDA iTEH %I € O.
3
PACE la OF
O
HEM
SECTION 14. 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 15. This Ordinance shall take effect thirty (30) days after the date of
its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause
this Ordinance to be published and posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore, California, on this day of 2009.
ROBERT E. MAGEE, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
CAROL COWLEY,
INTERIM CITY CLERK
APPROVED AS TO FORM:
BARBARA LEIBOLD
CITY ATTORNEY
-4- AGENDA ITEM dtiO —�—� —�
PACE
..
...
.......... _
NAWW"I 11 ..
SECTION 14. 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 15. This Ordinance shall take effect thirty (30) days after the date of
its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause
this Ordinance to be published and posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore, California, on this day of 2009.
ROBERT E. MAGEE, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
CAROL COWLEY,
INTERIM CITY CLERK
APPROVED AS TO FORM:
BARBARA LEIBOLD
CITY ATTORNEY
-4- AGENDA ITEM dtiO —�—� —�
PACE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, CAROL COWLEY, Interim 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:
/p\e;aj1F_1 @A
CAROL COWLEY
INTERIM CITY CLERK
- 5 - AGENDA ITEM tub. L 4
RF;
CITY OF
LADE 9 LSINORE
�, ` DREAM
COMMUNITY DEVELOPMENT
DEPARTMENT PLANNING DIVISION
130 South Main Street
Lake Elsinore, CA 9
(95 6 74 - 3 12 4 Voice (951) 47 -1 419 Fax
NEGATIVE DECLARATION
Project Entitlement No(s): Zoning Ordinance Text Amendment No. 2009 - 01
Applicant: City of Lake Elsinore
Address: 130 S. Main Street Lake Elsinore, CA 92530
Project Location: Citywide
Project Description: The City of Lake Elsinore (City) is prowsin to modifv Sections 17.o8.ogo.
descriptions in an effort to further compliance with RLUIPA.
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):
Notice Pursuant to Section 21092.5 of the Public Resources Code
A public hearing before the Planning Commission will be held on March 3, 2009 at 6:00 p.m. at the
City of Lake Elsinore Cultural Center, 183 North Main Street, Lake Elsinore, CA 92530 to consider
this project. At that time, all interested parties are welcome to address the Planning Commission on
this matter.
Prior to the public hearing, the public is invited to submit written comments on the proposed
Negative Declaration to the Planning Division, attention Justin Carlson, Associate Planner, 130
South Main Street, Lake Elsinore, CA 92530 or phone (951) 674 -3124.
Janum 2 M A IT FdO. T
stin Carlson, Associate Planner
Datu
PAG I !1r O
CITY OF r,
LADE D-qLSIPt0P
u DREAM EXTREME
INITIAL STUDY/
NEGATIVE DECLARATION NO. 2009 -01
for
Zoning Ordinance TextAmendment No. 2009 -
Prepared By:
City of Lake Elsinore
Community Development Department
130 South Main Street
Lake Elsinore, CA 9
January 2009
AGENDA ITEM NO. I�
PAGE b OF P "
INITIAL STUDY
Introduction
This Initial Study has been prepared in accordance with relevant provisions of the California
Environmental Quality Act (Cal. Pub. Res. Code §§ 21000, et seq.: "CEQA ") and the State Guidelines
for Implementation of CEQA (14 Cal. Code Regs §§ 150oo et seq.: "CEQA Guidelines "). According to
Section 15o63(c) of the CEQA Guidelines, 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; and
to
2. Enable an applicant or Lead Agency to modify a project to mitigate adverse impacts before an EIR
is prepared, thereby enabling the project to quality for a Negative Declaration or Mitigated
Negative Declaration; and to
3. Assist in the preparation of an EIR, if one is required; and to
4. Facilitate environmental assessment early in the design of a project; and to
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; and to
6. Eliminate unnecessary EIRs; and to
7. Determine whether a previously prepared EIR could be used with the project.
AGENDA ITMi NIO. f
PAGE 1 1 09, -(oO—
INI'17AL STUDY ENVIRONMENTAL CHECKLIST FORM
1. Project Title
Zoning Ordinance Text Amendment No. 2009 -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
Justin Carlson, Associate Planner
(951) 674 - 3124, ext. 2 95
4. Project Location
Citywide.
5. Project Applicant Name and Address
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
6. General Plan Designation(s)
Very Low Density (VLD), Low Density (LD), Low Medium Density (LMD), Medium Density
(MD), Medium High Density (MHD), High Density (HD), Mixed Use (MU), General Commercial
(GC), Commercial Office (CO), Neighborhood Commercial (NC), Tourist Commercial (TC), and
Freeway Business (FB).
7. Zonin
R -R (Rural Residential District), R -E (Estate Single - Family Residential District), R -H (Hillside
Single - Family Residential Development District), R -1 (Single - Family Residential District), R -2
(Medium Density Residential District), R -3 (High Density Residential District), C -O (Commercial
Office District), C -1 (Neighborhood Commercial District), C -2 (General Commercial District),
and C -M (Commercial Manufacturing District).
8. Description of Project
The City of Lake Elsinore (City) is proposing to modify Sections 17.o8.ogo,17.o8.16o, 17.64.030,
17.68.030, 17.72.030, 17.76.020, 17.80.020, 17.84.020, 17.116.030, 17.120.030, 17.124.020, and
17.132.030 of the Lake Elsinore Municipal Code (LEMC) in order to define religious assembly,
institution and structures, and to broaden certain land use descriptions in an effort to further
compliance with Religious Land Use and Institutionalized Persons Act (Pub. L. No 1o6 -274, 114
Stat. 903 (codified at 42 U.S.C. § 200occ- 200oc -5): "RLUIPA" ).
9. Surrounding Land Uses and Setting
Varies by location as Zoning Ordinance Amendment No. 2009 -01 applies to the R -R, R -E, R -H,
R -1, R -2, R -3, C -O, C -1, C -2, and the C -M Zoning Districts.
1o. Other agencies whose approval is required (e.g., permits, financing approval, or
participating agreement):
None.
AGENDA it -Vil No. _ 4 �
F.
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
❑
Biological Resources
❑
Hazards&Hazardous
Materials
❑
Mineral Resources
❑
Public Services
❑
Utilities /Service Systems
❑ Agricultural Resources
❑ Cultural Resources
❑ Hydrology /Water Quality
❑ Noise
❑ Recreation [
❑ Mandatory Findings of Significance
❑ Air Quality
❑ Geology /Soils
❑ Land Use /Planning
❑ Population /Housing
DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial evaluation:
® I 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.
❑ I 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.
January 22, 2009
Si gnature Date
Justin Carlson Associate P lanner
Print Name Title
ENVIRONMENTAL IMPACT EVALUATION CHECKLI /�� S pp?? T Nryryqq IM UM q y 4
PAGGE 19 OF (aQ
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. 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
15o63(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 identify: 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.
AGENDA IrEmA
PAGE a U 07
A. AESTHETICS Potentially Less Than Less Than
Significant Significant Significant No Impact
Would the project: Impact With . Impact
Mitigaon
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 ?)
3. Substantially degrade the existing visual
character or quality, of the site and its
surroundings ?) ❑ ❑ ❑
4. Create a source of substantial light or glare,
which would adversely affect day or nighttime ❑ ❑ ❑
views in the area?
B. AGRICULTURAL RESOURCES* Potentially Si LessThan
ant Less Than No
Significant With Significant Im act
Would the project: Impact Impact p
Mitigation
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 nonagricultural use?
6. Conflict with existing zoning for agricultural
❑ El El use, or a Williamson Act contract?
7. Involve other changes in the existing
environment, which, due to their location or❑ El El 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 With I o No
Significant Siifi act
Would the project: Impact Mitigation Impact p
AGENDA IT wG. `f _
PAGE ;t G
C. AIR QUALITY* Potentially
Less Than Less Than
Significant Less Than Less Than
Significant
Significant Si
With Im g p n a ficant
No
Impact
Would the project: I mpact
Mitigation
Mit . Impact
8. Conflict with or obstruct implementation of❑
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the applicable air quality plan?
directly or through habitat modifications, on
g. Violate any air quality standard or contribute
any species identified as a candidate,
substantially to an existing or projected air❑
❑ ❑
❑ ❑
quality violation?
regional plans, policies, or regulations, or by
lo. Result in a cumulatively considerable net
the California Department of Fish and Game
increase of any criteria pollutant for which the
or U.S. Fish and Wildlife Service?
project region is non - attainment under an
Have a substantial adverse effect on any
applicable federal or state ambient air quality❑
❑ ❑
standard (including releasing emissions
community identified in local or regional
❑
❑ El
which exceed quantitative thresholds for
plans, policies, regulations or by the
ozone precursors)?
California Department of Fish and Game or
11. Expose sensitive receptors to substantial
❑ ❑
pollutant concentrations ?)
Have a substantial adverse effect on federally
12. Create objectionable odors affecting a❑
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substantial number of people ?)
of the Clean Water Act (including, but not
❑
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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.
through direct removal, filling, hydrological
D.
BIOLOGICAL RESOURCES Potentially
Significant Less Than Less Than
Significant
With Significant No Impact
Impact
Would the project:
Mit . Impact
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?
14.
Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
❑
❑ El
plans, policies, regulations or by the
California Department of Fish and Game or
U.S. Fish and Wildlife Service?
15.
Have a substantial adverse effect on federally
protected wetlands as defined by Section 404
of the Clean Water Act (including, but not
❑
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limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means?
AGENDP. 11 Zi,�i 'ND-
p�" G
D. BIOLOGICAL RESOURCES Potentially
- Significant
Would the project: Impact
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?
17. Conflict with any local policies or ordinances
protecting biological resources, such as a tree❑ ❑ ❑
preservation policy or ordinance?
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?
E.
Potentiall
CULTURAL RESOURCES y
Less Than
Significant
Lessthan
Significant
With
Significant
No Impact
Would the project: Impact
Mitigation
Impact
19.
Cause a substantial adverse change in the
significance of a historical resource as defined❑
❑
❑
in Section
20.
Cause a substantial adverse change in the
significance of an archaeological resource❑
❑
❑
pursuant to Sectionl5o64.5?
21.
Directly or indirectly destroy a unique
paleontological resource or site or unique❑
❑
❑
geological feature?
22.
Disturb any human remains, including those❑
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E
interred outside of formal cemeteries?
F. GEOLOGYAND SOILS
Would the project:
23. Expose people or structures to potential
substantial adverse effects, including the risk
of loss, injury, or death involving:
Less Than
�ss Than
Significant
With Significant No Impact Mitigation Impact
❑ ❑
Less Than
Potentially - Significant
Significant Impact With
Mitigation
El
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Less than
Significant NO
Impact Impact
I:GEAMEAEM� l&NO.
F. GEOLOGY AND SOILS
A
b.
C.
Would the project:
Less Than
Potentially Significant
Significant Impact With
Mitigation
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.
Strong seismic ground shaking? ❑
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 i8 -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? ❑
Less than No
Significant Impact
Impact
❑ ❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑ ❑
►1
O
/1
G. HAZARD AND HAZARD
MATERIALS Potentially Less Than Less than
Significant
Significant With Significant No Impact
Would the project: 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?
AGE ND:rflE2 "�i: "a0.
A Aoc L f g)F. V
G.
HAZARD AND HAZARD
MATERIALS Potentially
Less Than Less than
Significant
Significant
gn
Would the project: Impact
Significant No Impact
Impact
Mitigation
3o.
Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances, or❑
waste within one - quarter mile of an existing
El El
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❑
El ❑
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 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 or working in the [:]
❑ ❑
project area?
34.
Impair implementation of or physically
interfere with an adopted emergency❑
❑ ❑
response plan or emergency 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
Would the project: Impact
Significant Significant No
With Impact Impact
Mitigation
36.
Violate any water quality standards or waste
❑
discharge requirements?
❑ ❑
ACEWA 4 i zEii 1W.
PAr'r a Y o
H. HYDROLOGYAND WATER QUALITY Potentially Less Than Less than
Sign Significant No
Would the project: Imp Mrs Mitigation p Impact Impact Impact
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 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 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 systems or provide substantial ❑
El
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additional sources of polluted runoff?
40. Otherwise substantially degrade water quality? ❑
❑
❑
41. Place housing within a loo -year flood hazard
area as mapped on a federal Flood Hazard
❑
El
El
or Flood Insurance Rate Map or
other flood hazard delineation map?
42. Place within a loo -year flood hazard area
structures which would impede or redirect❑
❑
❑
flood flows?
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?
44• Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑
I. LAND USE AND PLANNING
Would the project:
45• Physically divide an established community?
Potentially
Significant
Impact
El
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No Impact
IS
AGrN-DA ME--, I y
I. LAND USE AND PLANNING Potentially
Less Than
Less than
Significant
Significant
With
Significant No Impact
Would the project: Impact
Mitigation
Impact
46. Conflict with any applicable land use plan,
Impact
policy, or regulation of an agency with
❑
❑
jurisdiction over the project (including, but not
mineral resource that would be of value to the❑
❑
limited to the general plan, specific plan, local❑
❑
❑
coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an
❑
❑
environmental effect?
important mineral resource recovery site
❑
47. Conflict with any applicable habitat
delineated on a local general plan, specific plan
conservation plan or natural community❑
❑
❑
conservation plan?
J. MINERAL RESOURCES Potentially
Less Than
Less than
Significant
Significant
With
Significant
No
Impact
Would the project: Impact
Mitigation
Impact
48. Result . in the loss of availability of a known
❑
❑
mineral resource that would be of value to the❑
❑
❑
region and the 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 Potentially Less Than Less than No
Significant Significant I
S
Mitigation ignificant m
Would the project result in: Impact With Impact mpact
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?
51. Exposure of persons to or generation of
excessive ground -borne vibration or ground -❑
❑
❑
borne 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 project?
ikGEvJn 6��H 1 0. I
P;m—: )- or 0
K. NOISE Potentially
Less Than
Significant
Less than
No
Significant
Would the project result in: Impact
iti
Significant
Imp act Impact
❑
Mitigation
❑
54• For a project located within an airport land use
61. Schools?
❑
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 ❑
El
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people residing or working in the project area to
❑
❑
excessive noise levels?
* Include potential effects associated with
the provision
55. For a project located within the vicinity of a
physically altered
governmental facilities, the construction
private airstrip, would the project expose
people residing or working in the project area to
❑
❑
excessive noise levels?
objectives for any of the public services.
L. POPULATION AND HOUSING Potentially
Less Than
Less than
Significant
Would the project: Impact
Significant
With
Significant No
Impact Impact
Mitigation
56. Induce substantial population growth in an
area, either directly (for example, by proposing
new homes and 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
Potentially Significant Lessthan
Would the project result in substantial adversesignificant with
physical impacts to the following: Impact Mitigati significant No Impact
on Impact
59• Fire protection?
❑
❑
❑
60. Police protection?
❑
❑
❑
61. Schools?
❑
❑
❑
62. Parks?
❑
❑
❑
6 3. Other public facilities?
❑
❑
❑
* 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.
AG[ i 7EK03 t90._
P'Azq �U OP
N. RECREATION
Potentially Less Than Less than
Significant Significant Significant Impact
act
Impact Mitigation Impact p
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❑ El El recreational facilities, which might have an
adverse physical effect on the environment?
O. TRANSPORTATION /TRAFFIC Potentially
Less Than
Less than
Significant
g
Would the project: Impact
Significant
With
S ignificant No Impact
Impact
Mitigation
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❑
El
El
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 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? ❑
❑
❑
72. Conflict with adopted policies, plans or
programs supporting alternative transportation❑
❑
❑
(e.g., bus turnouts, bicycle racks)?
P. UTILITIES AND SERVICE SYSTEMS
Potentially
Significant
Would the project: Impact
Less Than Less than
Significant Significant No
With Impact Impact
Mitigation
P. UTILITIES AND SERVICE SYSTEMS
Would the project:
Potentially Less Than
Significant Significant
Impact With
Mitigation
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 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?
El
El
El
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Lessthan No
Significant Impact
mpact
N ►5i
Q. MANDATORY FINDINGS OF
SIGNIFICANCE
Potentially Less Than
Significant Significant
Impact With
Mitigation
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?
Less than
Significant Impact
Impact
❑ ❑
AGENDA F1'i' U PJO.
PAOE .3c r >-
El
0
Q. MANDATORY FINDINGS OF
SIGNIFICANCE
Potentially Less Than
Significant Significant
Impact With
Mitigation
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?
Less than
Significant Impact
Impact
❑ ❑
AGENDA F1'i' U PJO.
PAOE .3c r >-
El
0
Q. MANDATORY FINDINGS OF
SIGNIFICANCE
Potentially Less Than
Significant Significant
Impact With
Mitigation
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?
Less than
Significant Impact
Impact
❑ ❑
AGENDA F1'i' U PJO.
PAOE .3c r >-
Q. MANDATORY FINDINGS OF Potentially
Less Than Less than
SIGNIFICANCE Significant
wi th t Significant
Impact
ImNo
pact
Mitigation Pact P
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 ono
❑ ❑
human beings, either directly or indirectly?
-End of Environmental Impact Evaluation Checklist -
e GENE DA ffFal F 10. _
PAGE 3 ► = _ l G _-
ENVIRONMENTAL IMPACT EVALUATION DISCUSSION
The following is a discussion of the potential impacts associated with the approval of the text
amendment revising Sections 17.o8.ogo, i7.o8.t6o, 17.64.030, 17.68.030, 17.72.030, 17.76.020,
17.80.020, 17.84.020, r7m&030, 17.120.030, 17.124.020, and 17.132.030 of the Lake Elsinore
Municipal Code (LEMC) in order to define religious assembly, institution and structures, and to
broaden certain land use descriptions in an effort to further compliance with RLUIPA.
The City analyzes the direct and indirect environmental impacts of all projects as they are submitted
for review. When future applicants request the approval to permit religious assembly, institution, and
structures in said districts, all necessary environmental review will be addressed on a project -by-
project basis as needed.
Explanations for each of the checked boxes in the above Environmental Impact Evaluation Checklist
are provided for each item below.
A. AESTHETICS. Would the project:
1) Have a substantial adverse effect on a scenic vista?
No Impact. This text amendment to define religious assembly, institution and structures, and
to broaden certain land use descriptions in an effort to further compliance with RLUIPA is
procedural only and would not result in any environmental impacts. There are no development
proposals or ground - disturbing activities included as part of this text amendment. Specific to
aesthetics issues, the revisions of the LEMC sections above regarding the permitting of religious
assembly, institution, and structures would not impact scenic vistas or scenic resources degrade
the existing visual character or quality of a site, nor would it create a new source of light or
glare.
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When future applicants request the approval to permit religious
assembly, institution, and structures in said districts, all necessary environmental review will be
addressed on a project -by- project basis as needed and required by CEQA
2)
No Impact: See A -i above.
3) Substantially degrade the existing visual character or quality of the site and its surroundings?
No Impact: See A -1 above.
4) Create a new source of substantial light or glare which would adversely affect day or
nighttime views in the area
No Impact: See A -1 above.
Mitigation Measures for Aesthetics None.
6tGENEtmiFTI-M td0.
3
Pk�� a- or- o
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)
No Impact: This text amendment to define religious assembly, institution and structures, and
to broaden certain land use descriptions in an effort to further compliance with RLUIPA is
procedural only and would not result in any environmental impacts. There are no development
proposals or ground - disturbing activities included as part of this text amendment. Specific to
agricultural resources, the permitting of religious assembly, institution, and structures in said
districts would not result in the conversion of any farmland to a non - agricultural use, nor would
it conflict with existing agricultural zoning or a Williamson Act contract.
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When future applicants request the approval to permit religious
assembly, institution, and structures in said districts, all necessary environmental review will be
addressed on a project -by- project basis as needed and required by CEQA.
6) Conflict with existing zoning for agricultural use or a Williamson Act contract?
No Impact: See B -5 above.
7)
No Impact: See B -5 above.
Mitigation Measures for Agricultural Resources 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 Ip an?
No Impact: This text amendment to define religious assembly, institution and structures, and
to broaden certain land use descriptions in an effort to further compliance with RLUIPA is
procedural only and would not result in any environmental impacts. There are no development
proposals or ground- disturbing activities included as part of this text amendment. Specific to
air quality issues, the permitting of religious assembly, institution, and structures in said
districts would not conflict with or obstruct implementation of the South Coast Air Quality
Management Plan. Further, this amendment to allow for religious assembly, institution, and 4 AGENDA Eb EM NO.
PAGE 33 .
L c
structures in said districts would not violate and air quality standard, result in cumulative
increases in criteria pollutants, affect sensitive receptors, nor would it result in the creation of
objectionable odors.
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When future applicants request the approval to permit religious
assembly, institution, and structures in said districts, all necessary environmental review will be
addressed on a project -by- project basis as needed and required by CEQA
9)
No Impact: See C -8 above.
zo)
precursors)
No Impact: See C -8 above.
u) Expose sensitive receptors to substantial pollutant concentrations?
No Impact: See C -8 above.
zz) Create objectionable odors affecting a substantial number of people?
No Impact: See C -8 above.
Mitigation Measures for Air Quality Impacts None.
D. BIOLOGICAL RESOURCES. Would the project:
1 3)
No Impact: This text amendment to define religious assembly, institution and structures, and
to broaden certain land use descriptions in an effort to further compliance with RLUIPA is
procedural only and would not result in any environmental impacts. There are no development
proposals or ground - disturbing activities included as part of this text amendment. Specific to
biological resources, the permitting of religious assembly, institution, and structures would not
result in any effects on listed species, would not allow for habitat modifications, would have no
effect on sensitive communities or wetlands, wildlife movement, local biological policies, nor
conflict with any regional habitat conservation plan.
The City analyzes the direct and indirect environmental impacts of all projects as they are 14
AGENDA FTEM MO,
PArx. 3 4 T
submitted for review. When future applicants request the approval to permit religious
assembly, institution, and structures in said districts, all necessary environmental review will be
addressed on a project -by- project basis as needed and required by CEQA.
14)
No Impact: See D -13 above.
15)
No Impact: See D -13 above.
16)
native wildlife nursery sites?
No Impact: See D -13 above.
17)
No Impact: See D -13 above.
18)
No Impact: See D -13 above.
Mitigation Measures for Biological Resources None
E. CULTURAL RESOURCES. Would the project:
19) Cause a substantial adverse change in the significance of a historical resource as defined in
CEOA Guidelines Sectiony;o64.s
No Impact: This text amendment to define religious assembly, institution and structures, and
to broaden certain land use descriptions in an effort to further compliance with RLUIPA is
procedural only and would not result in any environmental impacts. There are no development
proposals or ground - disturbing activities included as part of this text amendment. Specific to
cultural resources, the permitting of religious assembly, institution, and structures would not
result in any adverse changes to historical resources, archaeological resources, paleontological
resources, or human remains. NDA ITEM M
PAGE 35_ 60_
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When future applicants request the approval to permit religious
assembly, institution, and structures in said districts, all necessary environmental review will be
addressed on a project -by- project basis as needed and required by CEQA.
20) Cause a substantial adverse change in the significance of an archaeological resource pursuant
to CEOA Guidelines SectionSo64.a?
No Impact. See E -i9 above.
21) Directly or indirectly destroy a unique paleontological resource or site or unique geologic
f eature?
No Impact: See E -ig above.
22) Disturb any human remains, including those interred outside of formal cemeteries?
No Impact: See E -ig above.
Mitigation Measures for Cultural Resources None,
F. GEOLOGY AND SOILS. Would the project:
23)
23j
Publication 42.
No Impact: This text amendment to define religious assembly, institution and structures,
and to broaden certain land use descriptions in an effort to further compliance with RLUIPA
is procedural only and would not result in any environmental impacts. There are no
development proposals or ground- disturbing activities included as part of this text
amendment. Specific to geology and soils, this text amendment allowing for religious
assembly, institutions, and structures in said districts would not expose people or structures
to the risk of loss, injury, or death, would not expose people of structures to seismic ground
shaking, seismic - related ground failure, or landslides. Further, this text amendment would
not result in the loss of topsoil, does not result in placing a project on a geologic unit or soil
that is unstable or expansive, and does not involve any use of septic systems.
-- aalVs3A l Y EM , 9 40. 1
PACs .3 1 G c. CJ
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When future applicants request the approval to permit religious
assembly, institution, and structures in said districts, all necessary environmental review
will be addressed on a project -by- project basis as needed and required by CEQA
b.) Strong seismic ground shaking
No Impact: See F -23 (a) above.
c.) Seismic- related ground failure, including liquefaction?
No Impact: See F -23 (a) above.
d.) Landslides?
No Impact: See F -23 (a) above.
24) Result in substantial soil erosion or the loss of topsoil?
No Impact: See F -23 (a) above.
25)
No Impact: See F -23 (a).
26)
No Impact: See F -23 (a) above.
27)
No Impact: See F -23 (a) above.
Mitigation Measures for Geology and Soils None.
G. HAZARD AND HAZARDOUS MATERIALS. Would the project:
M]
No Impact. This text amendment to define religious assembly, institution and structures, and
AQl; 40A €TE-M 1®.
oars 3�
ew
to broaden certain land use descriptions in an effort to further compliance with RLUIPA is
procedural only and would not result in any environmental impacts. There are no development
proposals or ground - disturbing activities included as part of this text amendment. Specific to
hazards and hazardous materials, this text amendment does not involve any hazardous
materials or work within an airport or airstrip, would not interfere with any emergency
response or evacuation plan, nor would it expose people or structures to a significant risk of
loss, injury or death involving wildland fires.
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When future applicants request the approval to permit religious
assembly, institution, and structures in said districts, all necessary environmental review will be
addressed on a project -by- project basis as needed and required by CEQA.
29)
environment?
No Impact: See G -28 above.
30) Emit hazardous emissions or handle hazardous or acutelit hazardous materials substances
or waste within one - quarter mile of an existing or proposed school?
No Impact: See G -28 above.
3 1 )
No Impact: See G -28 above.
32)
No Impact: See G -28 above.
33) For a proiect 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: See G -28 above.
34) Impair implementation of or physically interfere with an adopted emergency response plan
or emergency evacuation plan?
No Impact: See G -28 above.
35)
vnere resaaences are
AGENDA MM R10.
PAGE 38
intermixed with wildlands?
No Impact: See G -28 above.
Mitieation Measures for Hazards and Hazardous Materials None.
H. HYDROLOGY AND WATER QUALITY. Would the project:
36) Violate anti water quality standards or waste discharge requirements
No Impact: This text amendment to define religious assembly, institution and structures, and
to broaden certain land use descriptions in an effort to further compliance with RLUIPA is
procedural only and would not result in any environmental impacts. There are no development
proposals or ground - disturbing activities included as part of this text amendment. Specific to
hydrology and water quality, this text amendment allowing for religious assembly, institutions,
and structures in said districts would not violate any water quality or waste discharge
requirements, would not deplete groundwater supplies nor interfere with groundwater
recharge, would not alter any drainage pattern not alter the course of stream or river, nor would
this text amendment result in an increase in surface run -off not erosion /siltation. Further, this
text amendment would not result in actions that could exceed the capacity of storm water
drainage systems nor provide substantial additional sources of polluted runoff, would not
degrade water quality, would not place people or structures within loo -year flood hazard areas,
would not result in flooding, and would not result in inundation by seiche, tsunami, nor
mudflow.
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When future applicants request the approval to permit religious
assembly, institution, and structures in said districts, all necessary environmental review will be
addressed on a project -by- project basis as needed and required by CEQA.
37)
granted)'?
No Impact: See H -36 above.
38)
site?
No Impact: See H -36 above.
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 4 f,�,OENMA €Tfi s s1rJ.
PAC ftf ltJ�/—
No Impact. See H -36 above.
40) Otherwise substantially degrade water quali l�
No Impact: See H -36 above.
41)
No Impact: See H -36 above.
42) Place within a loo -year flood hazard area structures which would impede or redirect, flood
fl ows?
No Impact: See H -36 above.
43)
No Impact: See H -36 above.
44) Inundation bu seiche, tsunami, or mud ow?
No Impact: See H -36 above.
Mitigation Measures for Hydrology and Water Quality None.
I. LAND USE AND PLANNING. Would the project:
45) Physically divide an established community?
No Impact: This text amendment to define religious assembly, institution and structures, and
to broaden certain land use descriptions in an effort to further compliance with RLUIPA is
procedural only and would not result in any environmental impacts. There are no development
proposals or ground - disturbing activities included as part of this text amendment. Specific to
land use, this text amendment would not divide an established community, would not conflict
with any applicable land use plan, policy or regulation, nor would it conflict with any applicable
regional habitat conservation plan or natural community conservation plan.
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When future applicants request the approval to permit religious
assembly, institution, and structures in said districts, all necessary environmental review will be
addressed on a project -by- project basis as needed and required by CEQA.
AGLEDIDA ITZ"M M.
PAGI: �0 OF CJ
46)
environmental epecte
Less Than Significant Impact. See I -45 above.
47) Conflict with any applicable habitat conservation lan or natural community conservation
I
No Impact: See I -45 above.
Mitigation Measures for Land Use None.
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
region and the residents of the state?
No Impact. This text amendment to define religious assembly, institution and structures, and
to broaden certain land use descriptions in an effort to further compliance with RLUIPA is
procedural only and would not result in any environmental impacts. There are no development
proposals or ground - disturbing activities included as part of this text amendment. Specific to
mineral resources, this text amendment would not result in the loss of mineral resources.
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When future applicants request the approval to permit religious
assembly, institution, and structures in said districts, all necessary environmental review will be
addressed on a project -by- project basis as needed and required by CEQA.
49)
No Impact: See J -48 above.
Mitigation Measures for Mineral Resources None.
K. NOISE. Would the project result in:
50)
No Impact: This text amendment to define religious assembly, institution and structures, and
to broaden certain land use descriptions in an effort to further compliance with RLUIPA is
procedural only and would not result in any environmental impacts. There are no development
proposals or ground- disturbing activities included as part of this text amendment. Specific to
noise, this text amendment would not result in the generation of noise in excess of established
6sGeEC' A h1 1 Erl +YVJ.
�� ( d
standards, would not result in excessive groundborne vibration or noise levels, would not result
in a temporary or permanent increase in.arobient noise levels, nor is the project within an
airport land use plan area or within the vicinity of a private airstrip.
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When future applicants request the approval to permit religious
assembly, institution, and structures in said districts, all necessary environmental review will be
addressed on a project -by- project basis as needed and required by CEQA.
51) Exposure of persons to or generation of excessive aroundborne vibration or groundborne
noise levels?
No Impact. See K -5o above.
52)
No Impact: See K -5o above.
53)
No Impact. See K -5o above.
54)
No Impact: See K -5o above.
55)
No Impact: See K -5o above.
Mitigation Measures for Noise None.
L. POPULATION AND HOUSING. Would the project:
56)
infrastructure)?
No Impact: This text amendment to define religious assembly, institution and structures, and
to broaden certain land use descriptions in an effort to further compliance with RLUIPA is
procedural only and would not result in any environmental impacts. There are no development
proposals or ground- disturbing activities included as part of this text amendment. Specific to L L
population and housing, this text amendment would not result in substantial population
growth, nor would it result in the displacement of people or housing.
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When future applicants request the approval to permit religious
assembly, institution, and structures in said districts, all necessary environmental review will be
addressed on a project -by- project basis as needed and required by CEQA.
57)
No Impact: See L -56 above.
58) Displace substantial numbers of eople necessitating the construction of replacement housing
elsewhere?
No Impact: See L -56 above.
Mitigation Measures for Population and Housing None.
M. PUBLIC SERVICES.
59 - 63) Fire protection? Police protection? Schools? Parks? Other public facilities?
No Impact: This text amendment to define religious assembly, institution and structures, and
to broaden certain land use descriptions in an effort to further compliance with RLUIPA is
procedural only and would not result in any environmental impacts. There are no development
proposals or ground - disturbing activities included as part of this text amendment. Specific to
public services, this text amendment would not result in any impacts to fire or police protection,
schools, parks or other public facilities.
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When future applicants request the approval to permit religious
assembly, institution, and structures in said districts, all necessary environmental review will be
addressed on a project -by- project basis as needed and required by CEQA.
Mitigation Measures for Public Services None.
N. RECREATION
AGEMDAiTZ-Ml W0. 4
wo `Q c l_ a
64)
No Impact: As mentioned above, this text amendment would not result in impacts to parks.
65)
No Impact: Refer to responses M -59 and M -64 above.
Mitigation Measures to Recreation None.
O. TRANSPORTATION /TRAFFIC. Would the project:
66)
No Impact: This text amendment to define religious assembly, institution and structures, and
to broaden certain land use descriptions in an effort to further compliance with RLUIPA is
procedural only and would not result in any environmental impacts. There are no development
proposals or ground - disturbing activities included as part of this text amendment. Specific to
transportation /traffic, this text amendment would not result in any increase in traffic, nor
would it exceed a level of service standard or change traffic patterns. Further, this text
amendment would not increase traffic hazards, would not result in inadequate emergency
access or parking capacity, nor would it conflict with adopted policies, plans, or programs
supporting alternative transportation.
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When future applicants request the approval to permit religious
assembly, institution, and structures in said districts, all necessary environmental review will be
addressed on a project -by- project basis as needed and required by CEQA.
67)
No Impact: See 0 -66 above.
.:
No Impact: See 0 -66 above.
69)
FACE- 4q €I 5
No Impact: See 0 -66 above.
70) Result in inadequate emergency access?
No Impact: See 0 -66 above.
71) Result in inadequate p arking capacity?
No Impact: See 0 -66 above.
72)
No Impact: See 0 -66 above.
Mitigation Measures for Traffic None.
P. UTILITIES AND SERVICE SYSTEMS. Would the project:
73) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control
Board?
No Impact: This text amendment to define religious assembly, institution and structures, and
to broaden certain land use descriptions in an effort to further compliance with RLUIPA is
procedural only and would not result in any environmental impacts. There are no development
proposals or ground- disturbing activities included as part of this text amendment. Specific to
utilities and service systems, this text amendment would not result in the need for new or
expanded water /wastewater treatment nor storm drain facilities. This text amendment does
not result in the need to evaluate water supply, wastewater treatment, landfill capacity, or
compliance with solid waste regulations.
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When future applicants request the approval to permit religious
assembly, institution, and structures in said districts, all necessary environmental review will be
addressed on a project -by- project basis as needed and required by CEQA.
7¢) Require or result in the construction of new water or wastewater treatment facilities or
No Impact: See P -73 above.
75)
No Impact: See P -73 above.
AGENDA Ei'- Ev 61f5 l ._�_
PAr
76)
No Impact: See P -73 above.
77)
the provider's existing commitments?
No Impact: See P -73 above.
78)
No Impact: See P -73 above.
79) Comply with federal, state, and local statutes and regulations related to solid waste?
No Impact: See P -73 above.
Mitigation Measures for Utilities None.
Q. MANDATORY FINDINGS OF SIGNIFICANCE.
M
No Impact: This text amendment to define religious assembly, institution and structures, and
to broaden certain land use descriptions in an effort to further compliance with RLUIPA is
procedural only and would not result in any environmental impacts. This text amendment
involves changes to the Municipal Code with no physical development activity that could affect
biological resources. Therefore, the proposed amendment will have no impact on any sensitive
plant or animal species nor habitat or populations. Likewise, there will be no impacts to any
examples of major periods of California history or prehistory.
81)
No Impact: This text amendment to define religious assembly, institution and structures, and
to broaden certain land use descriptions in an effort to further compliance with RLUIPA is
procedural only and would not result in any environmental impacts. This text amendment
involves changes to the Municipal Code with no physical development activitty� Ek thhe� salt
AG�P3������4.
in any impacts considered project- specific or cumulative.
82)
No Impact: This text amendment involves changes to the Municipal Code with no physical
development activity that could directly or indirectly affect human beings.
-End of Environmental Impact Evaluation Discussion -
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, as amended.
AGEKD � A 0.10. y
PACE 9 8
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, AMENDING SECTIONS 17.08.090,
17.08.160, 17.64.030, 17.68.030, 17.72.030, 17.76.020, 17.80.020,
17.84.020, 17.116.030, 17.120.030, 17.124.020, AND 17.132.030
OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING
RELIGIOUS LAND USES
WHEREAS, the Planning and Zoning Laws of the S f California authorize
the City Council of the City of Lake Elsinore to adopt ces that, among other
things, regulate the use of buildings, structures, an, within the jurisdictional
boundaries of the City and its sphere of influence f us usiness, residences,
and open space; and
WHEREAS, on September 27, the Religious d Use and
Institutionalized Persons Act (Pub. L. No 1 114 Sta 903 (codifie 42 U.S.C. §
2000cc- 2000c -5): "RLUIPA ") was enacted i deral 1 (1) prohibit rimination
against any religious assembly or institution on religion when rendering land
use decisions, (2) prohibit the place ent of unrea a limits on religious assemblies,
institutions or structures when , land u cisions, and (3) prohibit the
complete exclusion of religious ass i a pa jurisdiction when rendering
land use decisions; and �
WHEREAS, the ncil of f La sinore desires to amend the
Lake Elsinore Zoni ode e 17) fine religious assembly, institution and
structures, and oaden c: , in Ian se descriptions in an effort to further
compliance with A; and
WH E ba evid s p6nted by the Community Development
Depart r in ted parties at a duly noticed public hearing on
2009 Plannin m n recommended that the City Council approve this
ordi a amending :� ions 8.090, 17.08.160, 17.64.030, 17.68.030, 17.72.030,
17.76. 17.80.020, 1 .020, .116.030, 17.120.030, 17.124.020, and 17.132.030
of the Elsinore M ipal Code regarding religious assembly, institution, and
WHEREA Bly noticed public hearing, held on , 2009, the City
Council consider T a Planning Commission's recommendation and evidence
presented by the C mmunity Development Department and other interested parties
regarding the proposed Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ORDAINS AS FOLLOWS:
SECTION 1. All amendments to Title 17 shall be reflected by the following
structure: additions are shown in underline and deletions are shown in stFikethmugh.
SECTION 2. That Section 17.08.090 of the Lake Elsinore Municipal Code be
amended as follows:
17.08.090 1 definitions.
"Institutional use" means a non - profit or quasi - public use or institution, such as
a ehursh place of religious assembly or institution library, public or private school,
hospital, or municipally owned or operated building, structure or land, used for public
purpose.
SECTION 3. That Section 17.08.160 of the
amended to add the following definition of "Places of
between the definitions of "Philanthropic or charit
residential development' as follows:
17.08.160 P definitions.
"Places of Religious Assembly d
assembly or institution including, but not Iii
temples, halls, or other structures or land
exercise.
SECTION 4. That Section 1
amended as follows:
17.64.030 Use05 dFreW� a
T. Chin
one (1) acre in
17
.030
one (1)
located on a site at least
SECTION =Section 17.72.030(D) of the Lake Elsinore Municipal Code be
amended as follow
17.72.030 Uses subject to a conditional use permit.
D. Charshes Places of Religious Assembly or Institution located on a site at
least one (1) acre in size.
SECTION 7. That Section 17.76.020(1) of the Lake Elsinore Municipal Code be
amended as follows:
use PW mit.
lore Municipal Code be
Assembly or Institution"
(i7ation" and "Planned
leans placdVf religious
mosques, synagogues,
for purposes of religious
Municipal Code be
located on a site at least
of the Lake Elsinore Municipal Code be
conditional use permit.
-2- Ga tes° i iNO.
PACs
17.76.020 Permitted uses.
I. Ghurehes Places of Religious Assembly or Institution located on a site at least
one (1) acre in size.
SECTION 8. That Section 17.80.020(K) of the Lake Elsinore Municipal Code be
amended as follows:
17.80.020 Permitted uses.
K. Ghur-ehes Places of Religious Assembly or Instituti bcated on a site at least
one (1) acre in size.
SECTION 9. That Section 17.84.020(K) of
amended as follows: .4
17.84.020 Permitted uses.
K. Ghurshes
one (1) acre in size.
SECTION 10. That
be amended as follows:
17.116.030 Uses-,s bject to a
9
Municipal Code be
located on 5Fsite at least
Elsinore Municipal Code
SECTION hat Se �.1) C) of the Lake Elsinore Municipal Code
be amended as folio
to a conditional use permit.
V��, tion 17.124.020(A) of the Lake Elsinore Municipal Code be
amend
1 uses.
Religious Assembly or Institution
SECTION 13. That Section 17.132.030(U) of the Lake Elsinore Municipal Code
be amended as follows:
17.132.030 Uses subject to a conditional use permit.
AGENDA Ff EM WO. L /
PAGI= S� 0
0
SECTION 14. Severability. If any f
this Ordinance or the application thereof to
invalid, such invalidity shall not affect the c
hereby declared to be severable. A
SECTION 15. This Ordii
its final passage. The City Clerk
this Ordinance to be pubt'k��,
sentence
of
;ircumstance 9 be held
of this Ordinance and are
effect f" (30) days after the date of
y a do his Ordinance and cause
ink „ i 1 ired by law.
PASSED, A "'� OVED, ADd
of the City of Lak - more, Cali, �� ia, on
APPROVED AS TO FORM:
BARBARA LEIBOLD
CITY ATTORNEY
at a regular meeting of the City Council
day of 2009.
ROBERT E. MAGEE, MAYOR
CITY OF LAKE ELSINORE
-4- AGGEND"A €EEC 13 No. I
pAm: , G� Q
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, CAROL COWLEY, Interim 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 �� the following roll call
vote: ;
AYES:
INTERIM CITY CLERK
mc-r 53
CI TY OF l /
LADE LSII`IOI
DREAM EXTREME.
NOTICE OF AVAILABILITY AND INTENT TO ADOPT —
NEGATIVE DECLARATION
CITY OF LAKE ELSINORE
TO: RECIPIENT
SUBJECT: NOTICE OF AVAILABILITY AND INTENT TO ADOPT A NEGATIVE
DECLARATION FOR THE ZONING ORDINANCE TEXT AMENDMENT
NO.2oo9 -oi
Lead Agency:
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 9
Contact: Justin Carlson, Associate Planner
The City of Lake Elsinore will be the Lead Agency and has prepared an Initial
Study /Negative Declaration (IS /ND) for the above - referenced project. We are
requesting input from your agency regarding information, which is germane to your
agency's statutory responsibilities in connection with the proposed project. A copy of
the IS /ND, including project description, location, and the potential environmental
effects, is either contained in the attached materials or is available for your review at the
following location:
• City of Lake Elsinore Planning Department, 130 South Main Street, Lake Elsinore
A 20 -day review and comment period for this IS /ND is provided under state law. The
20 -day review period is in compliance with Section 15105(b) of the CEQA Guidelines.
Please send your comments to Justin Carlson, Associate Planner at the address shown
above, and they must be received by February 13, 2009. In your response, please
provide your name or the name of a contact person in your agency.
Project Title: Zoning Ordinance Text Amendment 2009 -01
Project Location: City -wide as appropriate.
730'So -tg dIU� cStacr.t, lane e,:�q 92.530 • glf-#4 OUC: (909 ) 67q -312q fax: (9 ) 674-
PAGE S OF 0
Project Description: The City of Lake Elsinore (City) is proposing to modify Sections
17.o8.o9o, 17.08.16o, 17.64-030,17.68-030,17-72-030,17-76.020,17-80.020,17-84.020,
17 .116.03o,17.120.030,17.124.02o, and 17.132.030 of the Lake Elsinore Municipal Code
(LEMC) in order to define religious assembly, institution and structures, and to broaden
certain land use descriptions in an effort to further compliance with Religious Land Use
and Institutionalized Persons Act (Pub. L. No 1o6 -274, 114 Stat. 903 (codified at 42
U.S.C. § 200occ- 200oc -5): "RLUIPA" ).
Tentative Hearing Date(s): Planning Commission hearing March 3, 2009; City
Council hearing to be determined.
We look forward to receiving your comments.
Signature:
Name: Justin Carlson
Title: Associate Planner
Date: January 22, 2009
Telephone: (95 674 - 3124 eXt 2 95
130 ISoutk -St"d, - f ake Efiinoec, ems{ 92530 • sr.&PL..: (9 6 74 - 3 12 4 5az: (909) 674-2392
4
AGENDA IT as NO.
PAGE 5 OF O
WARREN D. WILLIAMS
General Manager -Chief Engineer
RIVERSIDE COUNTY FLOOD
AND WATER CONSERVATION
February 3, 2009
Mr. Justin Carlson
Associate Planner
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Dear Mr. Carlson:
1995 MARKET STREET
RIVERSIDE, CA 92501
951.955.1200
FAX 951.788.9965
www.reflood.org
'ECEIVED
FEB 4 2009
CITY OF LAKE ELSINORE
PLANNIN DIVISION
Re: Notice of Intent to Adopt a
Negative Declaration for the
Zoning Ordinance Amendment 2009 -01
This letter is written in response to the Notice of Intent (NOI) to Adopt a Negative Declaration (ND)
for the Zoning Ordinance Text Amendment 2009 -01. The proposal is to modify portions of the Lake
Elsinore Municipal Code regarding religious land uses in the city of Lake Elsinore.
The Riverside County Flood Control and Water Conservation District has no comments at this time.
Thank you for the opportunity to review the IS. Please forward any subsequent environmental
documents regarding the project to my attention at this office. Any questions concerning this letter
may be referred to me at 951.955.8581.
Very truly yours,
c: TLMA
Attn: David Mares
KF:mcv
P8 \123569
/� L -
KRIS FLANIG
Senior Civil En neer
FROM :DEPT OF FISH & GRME ONTRF FRX NO. :9094812945 Feb. 05 2009 05:47PM P2
xate of Fai lI9.l tl _ I lie .ources Auencv ARt D SCHWARZENECCER.
I , _
DEPARTMENT OF FISH AND GAME.
http://www.dfg.ca.gov
Environmental Review and Permitting
1416 Ninth Street, Suite 1260
Sacramento, California 95814
CEQA Filing Fee No Effect Determination Form
Applicant Name: City of Lake .Elsinore (Attu: Justin Carlson)
Date Submitted: 1 -30 -2009
Applicant Address: 130 South. Main Street, Lake Elsinore, CA 92550
Project Name: Zoning Ordinance Text Amendment No. 2oo9 -o>
CEQA Lead Agency: City of Lake Elsinore
CEQA Document Type: Negative Declaration (ND)
SCH Number and /or local agency ID number: Local Agency ID number is same
as project name above. There are no Responsible or Trustee Agencies;
therefore ND was not sent to SCH.
Project Location: City -wide as appropriate
Brief Project Description: The City of Lake Elsinore (City) is proposing to modify
Sections 17.08.090, 17.08.16o, 17.64.030, 17.68,o3o, 17.72.030, 17.76.020, 17.80.020,
17.84.020, 17.116.030, 17.120.030, 17.124.02o, and 17.132.030 of the Lake Elsinore
Municipal Code (LEMC) in order to define religious assembly, institution and
structures, and to broaden certain land use descriptions in an effort to further
compliance with Religious Land Use and Tnstitutionalized Persons Act (Pub. L. No 106-
2 74, 11 4 Stat. 9o3 (codified at 42 U.S.C. § 200occ- 200oc - 5): "RLUIPA ").
Determination: Based on a review of the Project as proposed, the Department of Fish
and Game has determined that for purposes of the assessment of CEQA filing fees
[F&G Code 711.4(c)] the project has no potential effect on fish, wildlife and habitat and
the project as described does not require payment of a CEQA filing fee. This
determination does not in any way imply that the project is exempt from CEQA and
does not determine the significance of any potential project effects evaluated pursuant
to CEQA.
Please retain this original determination for your records, you are required to file a copy
of this determination with the County Clerk after your project is approved and at the time
of filing of the CEQA lead agency's Notice of Determination (NOD). If you do not file a
copy of this determination with the County Clerk at the time of filing of the NOD, the
appropriate CEQA filing fee will be due and payable.
Conserving Caffonzia's'Wildffe Since .1870
;,EK5 , .y €5 0.
��tmP• �:� § sTc.s
PAGE = G- G
FROM :DEPT OF FISH & GRME ONTRF FRX NO. :9094812945 Feb. 05 2009 05:47PM P3
Without a valid No Effect Determination Form or proof of fee payment, the project will
not be operative, vested, or final and any local permits issued for the project will be
invalid, pursuant to Fish and Game Code Section 711.4(c)(3).
Issued By: IC�? P ' , its l Date: Z - i3- M
Title: 1 nWe.n
PAGE --5-L O F (2G
RE: General Plan update for the Downtown and County Club Heights area Page 1 of 1
Justin Carlson
From: Alfredo Garcia [agarcia @cityofcanyonlake.com]
Sent: Thursday, February 12, 2009 12:21 PM
To: Justin Carlson
Subject: Negative Declaration
Justin,
The City of Canyon Lake received your letter dated January 26, 2009 regarding the Notice of availability and intent to adopt a
negative declaration for the zoning ordinance text amendment No. 2009 -01.
The City of Canyon Lake appreciates your request for our input, however, at this time we do not have any comments relating to the
Lake Elsinore area.
Thank you
Alfredo Garcia
City of Canyon Lake
Planning Intern
2/17/2009
lRCaf=1r'D UN3 NO.
RIVERSIDE COUNTY
FIRE DEPARTMENT
In cooperation with the
California Department of Forestry and Fire Protection
210 West San Jacinto Avenue • Perris, California 92570 • (909) 940 -6900 • Fax (909) 940 -6910
Proudly serving the
February 16, 2009
unincorporated
areas of Riverside
City of Lake Elsinore
County and the
Cities of:
Planning Dept.
Justin Carlson, Associate Planner
Banning
130 Main Street
Beaumont
Lake Elsinore, CA 925
calimesa
RE; Notice of Availability and Latent to Adopt a Negative Declaration for Zoning
Canyon Lake
Ordinance Text Amendment No. 2009 -01
Coachella
Desert Hot Springs
With respect to the referenced project, the Riverside County Fire Department has no
further comments.
Indian Wells
Indio
Sincerely,
Lake Elsinore
Ja son Neuman
La Quints
Fire Captain
Moreno valley
Strategic Planning
Palm Desert
Riverside County Fire Department
Perris
(951) 940 -6349
Rancho Mirage
San Jacinto
Temecula
Board of Supervisors
Bob Buster,
District I
John Tavaglione,
District 2
Jeff Stone,
District 3
Roy Wilson,
Distrlct4
r
Marion Ashley,
District 5
iw`GO O: AEeear mid
PA1"a1 A20 �Pa
John R. Hawkins
Fire Chief