HomeMy WebLinkAbout2012-10-02 PC Agenda Item No. 28
� OW N
BREAM EXTREME
REPORT TO PLANNING COMMISSION
TO: HONORABLE CHAIRMAN
AND MEMBERS OF THE PLANNING COMMISSION
FROM: WARREN MORELION, AICP
ACTING COMMUNITY DEVELOPMENT DIRECTOR
DATE: OCTOBER 2, 2012
SUBJECT: ZONE CODE AMENDMENT NO. 2012 -03 - MODIFYING THE CITY OF
LAKE ELSINORE MUNICIPAL CODE, TITLE 17 — ZONING, TO ADD
"EMERGENCY SHELTER," "TRANSITIONAL," AND "SUPPORTIVE
HOUSING" TO CHAPTER 17.08 — DEFINITIONS, AND ADDING
THESE USES AS PERMITTED WITHIN VARIOUS CHAPTERS, AS
REQUIRED BY THE STATE OF CALIFORNIA SENATE BILL 2.
Background
The City of Lake Elsinore adopted an update to its General Plan on December 13, 2011
that included an updated Housing Element for the period July 1, 2008 to June 30, 2014
in compliance with applicable laws and California Department of Housing and
Community Development guidelines. Goal #3 of the City's Housing Element states that
the City shall assist in the development of adequate housing to meet the needs of its
citizenry including a shelter for its homeless population. Senate Bill 2 specifies that the
City shall update its zoning ordinance to 1) identify a zone or zones to permit an
emergency shelter by right, and 2) allow transitional and supportive housing to be
treated as residential uses subject to the same development standards and restrictions
that apply to similar housing types in the same zone. Both directives are to be
completed within one year of the adoption of the Housing Element, or December 13,
2012.
Project Description
Zone Code Amendment No. 2012 -03 defines "Emergency Shelter," "Transitional" and
"Supportive Housing" consistent with State law (SB 2).
Identification of Appropriate Zones
The Amendment identifies the City's Commercial Manufacturing (CM) and General
Manufacturing (M2) Districts as appropriate zones for the siting of emergency shelters.
PC October 2, 2012 Item No. 2
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Zone Code Amendment No. 2012 -03
October 2, 2012
Page 2 of 4
The Amendment also identifies various residential districts for the siting of transitional
and supportive housing projects as follows:
ZONING DISTRICT
TRANSITIONAL HSG
SUPPORTIVE HSG
RMR — Rural Mountainous
X
RR — Rural Residential
X
RE — Estate Single Family
X
RH — Hillside Single Family
X
R1 — Single Family
X
R2 — Medium Density
X
X
R3 — High Density
X
X
RMU — Residential Mixed Use
X
X
MC — Mobilehome Community
X
CMU — Commercial Mixed Use
I X
X
The City's Density Bonus Ordinance may be applied to a transitional or supportive
housing project where appropriate.
Discussion & Analysis
The City's Homeless Population.
The 2011 County of Riverside Homeless Count revealed a population of approximately
6,203 homeless county -wide, of which 2 %, or 113 individuals are on City of Lake
Elsinore streets on a given night.
Use and Development Standards
Zone Code Amendment No. 2012 -03 provides regulations for Emergency Shelter use
and development in accordance with Section 3 (4)(A)(i) thru (viii) of SB 2 which allows
for certain objective standards. The purpose of such regulations is to ensure that
shelters do not adversely impact adjacent parcels or the surrounding neighborhood, and
to ensure that development occurs in a manner that protects the health, safety and
general welfare of nearby residents and businesses while providing for the housing
needs of the homeless.
To address the special needs of homeless individuals, the following use standards for
an emergency shelter are proposed:
1. An emergency shelter shall contain a maximum of 50 beds.
2. The shelter shall operate only from 5:00 pm to 8:00 am.
3. The objective of the shelter is to assist clients in obtaining permanent housing,
income and services.
4. Residency at the shelter is limited to a maximum of 180 days.
PC October 2, 2012 Item No. 2
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Zone Code Amendment No. 2012 -03
October 2, 2012
Page 3 of 4
To ensure compatibility with adjacent properties and uses, the following use and
development standards are proposed:
1. The shelter shall have a written Management Plan that details staffing, training
and qualifications, neighborhood outreach, transportation, security, volunteers
and donation procedures, intake screening, treatment programs, and emergency
plans.
2. Attention to the size and location of interior and exterior waiting areas shall be
included in the design of the facility.
3. Separation between shelters shall be a minimum of 300 feet.
4. Exterior security lighting and appropriate off - street parking are required.
The City's CM and M2 Zones
CM and M2 zones are limited to the Business District of the City. Exhibit 'B' shows three
existing locations of CM zoning, totaling 54.33 acres:
• At the southwest and southeast corner of Riverside Drive and Collier
Avenue
• Along the south side of Collier Avenue between Central Avenue and
Chaney
• On the north side of the 1 -15, east of 2nd Street in the recently approved
Third Street Annexation which became effective September 22, 2012.
Additional properties may be considered for the CM zone during Phase II of the
Consistency Zoning Project, tentatively scheduled for public hearings during the first
quarter of 2013. CM zoning will be recommended in the Business Professional and
Limited Industrial General Plan designations only under special circumstances, as noted
on the General Plan Compatibility Matrix.
Exhibit 'C' is a copy of the Business District Land Use Map from the General Plan. The
expanse of Limited Industrial designations indicate where the M2 zoning may be
implemented during the Phase II Consistency Zoning Project. It is anticipated that not all
of the Limited Industrial areas, totaling approximately 424 acres, will be recommended
for M2 zoning. Rather, a mix and transition of the M1 and M2 zones is likely.
The CM and M2 zones were selected because of their proximity to commercial centers
and main streets for transportation purposes. They are also proximate to entry-level
employment within the City's commercial- business - industrial sector.
Pasadena's Union Station Homeless Services
Staff visited the facilities operated by the City of Pasadena's Union Station Homeless
Services, which provide an outstanding continuum of care. The facilities include an
Intake Center, an Adult Center, a Family Center, Euclid Villas Transitional Housing, and
an Administrative Center. Exterior visuals of these facilities and their surrounding
PC October 2, 2012 Item No. 2
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Zone Code Amendment No. 2012 -03
October 2, 2012
Page 4 of 4
neighborhoods will be presented during the Commission hearing. Interior photos have
been distributed with Commission packets (See Exhibit 'D'). Much of the use and
development standards proposed in this Amendment are a direct result of Staff's visit
and interview with Union Station's Director of Programs, research, and an interview with
a Riverside County Department of Public Social Services manager.
Environmental Determination
The City certified a Recirculated Program Environmental Impact Report (RP -EIR) for the
update to its General Plan. The proposed Zone Code Amendment No. 2012 -03 to the
City's Municipal Code implements the General Plan update and its Housing Element,
with the identification of appropriate zoning districts for siting of an emergency shelter,
transitional or supportive housing project. No additional environmental review is
required.
Recommendation
Staff recommends that the Planning Commission take the following action:
Approve Resolution No. PC 2012 -_ recommending to the City Council approval of
Zone Code Amendment No. 2012 -03, modifying the City of Lake Elsinore Municipal
Code, Title 17 — Zoning, to add "Emergency Shelter," "Transitional" and "Supportive
Housing" to Chapter 17.08 — Definitions, and to add these uses as permitted within
various chapters, as required by the State of California Senate Bill 2, as shown in
attached Exhibit 'A' — Emergency Shelter Ordinance.
Prepared by: Carole K. Donahoe, AICP
Project Planner
Approved by: Warren Morelion, AICP
Acting Community Development Director
Attachments
1. Resolution No. PC- 2012 -_ recommending that the City Council approve Zone Code
Amendment No. 2012 -03.
a. Exhibit W— Emergency Shelter Ordinance
2. Exhibit 'B' — Existing CM Zones (11 X 17 Color Exhibit distributed in Commission packets)
3. Exhibit 'C' — Business District Land Use Map (11 X 17 Color Exhibit distributed in packets)
4. Exhibit 'D' — General Plan Compatibility Matrix
5. Exhibit 'E' — Interior photos of Union Station Homeless Services facilities (Color exhibits
distributed in Commission packets).
PC October 2, 2012 Item No. 2
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RESOLUTION NO. 2012-
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING
APPROVAL OF ZONING CODE AMENDMENT NO. 2012 -03,
MODIFYING THE CITY OF LAKE ELSINORE MUNICIPAL CODE,
TITLE 17 — ZONING, TO ADD "EMERGENCY SHELTER,"
"TRANSITIONAL" AND "SUPPORTIVE HOUSING" TO CHAPTER
17.08 — DEFINITIONS, AND ADDING THESE USES AS
PERMITTED WITHIN VARIOUS CHAPTERS, AS REQUIRED BY
THE STATE OF CALIFORNIA SENATE BILL 2.
WHEREAS, the City of Lake Elsinore adopted an update to its General Plan on
December 13, 2011 that included an updated Housing Element for the period July 1,
2008 to June 30, 2014 in compliance with applicable laws and California Department of
Housing and Community Development guidelines; and
WHEREAS, Goal #3 of the City's Housing Element states that the City shall
assist in the development of adequate housing to meet the needs of very low, low and
moderate - income households, including large families, single parent households, the
disabled, senior citizens and shelter for the homeless; and
WHEREAS, Program #3.K.i. of the City's Housing Element states that, in order to
meet that goal, the City will update its zoning ordinance to identify a zone or zone(s) to
permit emergency shelters by right consistent with SB2, within one year of adoption of
the Housing Element; and
WHEREAS, Program #3.K.ii. of the City's Housing Element states that, in order
to meet that goal, the City will amend its zoning ordinance to allow transitional and
supportive housing be treated as residential uses subject to the same development
standards and restrictions that apply to similar housing types in the same zone
consistent with SB2, within one year of adoption of the Housing Element; and
WHEREAS, Government Code Section 65103 empowers the legislative body to
implement the General Plan through actions including, but not limited to, the
administration of zoning ordinances; and
WHEREAS, Resolution No. 2004 -11 of the City of Lake Elsinore, which
establishes procedures and requirements for implementation of the Western Riverside
County Multiple Species Habitat Conservation Plan, specifically exempts the adoption
or amendment of any land use or zoning ordinance in Section IV — Exemptions: and
WHEREAS, public notice of Zoning Code Amendment No. 2012 -03 has been
given and the Planning Commission of the City of Lake Elsinore has considered the
evidence presented by the Community Development Department and other interested
parties at a public hearing held on October 2, 2012 with respect to this item.
PC October 2, 2012 Item No. 2
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PLANNING COMMISSION RESOLUTION NO. PC 2012 -
Page 2 of 5
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RECOMMEND AS FOLLOWS:
SECTION 1. Prior to making a recommendation to the City Council, the Planning
Commission has reviewed and analyzed proposed Zoning Code Amendment No. 2012-
03 pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et
seq.), the Lake Elsinore General Plan and the Lake Elsinore Municipal Code (LEMC)
and finds and determines that the proposed Amendment is consistent with the
requirements of California Planning and Zoning Law and with the goals and policies of
the Lake Elsinore General Plan and the LEMC.
SECTION 2. That in accordance with the California Planning and Zoning Law
and the LEMC, the Planning Commission hereby makes the following findings for the
Zoning Code Amendment to the LEMC:
1. Proposed Zoning Code Amendment No. 2012 -03 will not be a) detrimental to the
health, safety, comfort or general welfare of the persons residing or working
Within the neighborhood of the proposed amendment or within the City, or b)
injurious to the property or improvements in the neighborhood or within the City.
a. The proposed Zoning Code Amendment has been analyzed relative to
its potential to have detrimental effects and standards have been
identified to ensure that the health, safety and welfare of surrounding
residents will be protected. The proposed Zoning Code Amendment
will be beneficial to the public health, safety, comfort and welfare by
specifying appropriate zoning districts within the City where emergency
shelters, transitional and supportive housing may be developed.
Furthermore, the development of such uses will follow "Use Standards"
and "Development Standards" which have been formulated in
compliance with State law, and which ensure compatibility with
surrounding neighborhoods.
2. Proposed Zoning Code Amendment No. 2012 -03 will permit reasonable
development of the area consistent with its constraints and will make the area
more compatible with adjacent properties.
a. The proposed Zoning Code Amendment provides a Definition of
"Emergency Shelter," "Transitional Housing" and "Supportive Housing"
as defined by State law.
b. The proposed Zoning Code Amendment provides detailed use and
development standards where necessary to ensure that emergency
shelters are compatible with adjacent properties.
C. Included in the use standards are specifications regarding the number
of beds, hours of operation, management of the shelter, use of the
program, objective of the program, length of stay, licensing, and the
provision of a Shelter Management Plan.
PLANNING COMMISSION RESOLUTION NO. PC 2012 -
Page 3 of 5
3. The proposed Zoning Code Amendment would establish a land use density,
intensity and usage more in character with the subject property's location,
access, and constraints.
a. The proposed Zoning Code Amendment has identified appropriate
zoning districts within the
City that have other land uses and intensities compatible with
emergency shelter facilities. The Amendment also has identified
appropriate zoning districts within the City with residential densities
compatible with transitional and supportive housing.
b. The proposed Zoning Code Amendment provides detailed
development standards to ensure that emergency shelters are
compatible with adjacent properties, including the design of waiting
areas, distance between shelters, external lighting, parking
requirements, ADA access and amenities offered.
4. The proposed Zoning Code Amendment increases the number of potential
dwelling units that may be developed on the sites.
a. The City's Density Bonus Ordinance may apply to transitional and
supportive housing projects were appropriate which could increase the
number of potential dwelling units on sites proposed for transitional
and supportive housing.
5. The proposed Amendment will not have a significant effect on the environment.
The potential impacts of the General Plan Update have been analyzed in the
Recirculated Environmental Impact Report (SCH #2005121019) prepared for the
General Plan and its related cases, and adequate mitigation measures have
been prepared where necessary.
SECTION 3. Based upon the evidence presented, both written and testimonial,
and the above findings, the Planning Commission hereby recommends approval of
Zoning Code Amendment No. 2012 -03 to the City of Lake Elsinore Municipal Code,
Title 17 — Zoning, adding "Emergency Shelter," "Transitional" and "Supportive Housing"
to Chapter 17.08 — Definitions, and adding these uses as permitted within various
Chapters, as shown in attached Exhibit'A.'
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED on this second day of October 2012.
PC October 2, 2012 Item No. 2
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PLANNING COMMISSION RESOLUTION NO. PC 2012 -
Page 4 of 5
Rick Morsch, Chairman
City of Lake Elsinore Planning Commission
ATTEST:
Warren Morelion, AICP
Acting Director of Community Development
PLANNING COMMISSION RESOLUTION NO. PC 2012 -
Page 5 of 5
STATE OF CALIFORNIA I
COUNTY OF RIVERSIDE SS
CITY OF LAKE ELSINORE
I, WARREN MORELION, Acting Director of Community Development of the City
of Lake Elsinore, California, hereby certify that Resolution No. PC- 2012 - was
adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting
held on the second day of October 2012, and that the same was adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Warren Morelion, AICP
Acting Director of Community Development
PC October 2, 2012 Item No. 2
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EXHIBIT `A'
Draft Zoning Code Amendment No. 2012 -03
for Emergency (Homeless) Shelter, Transitional and Supportive Housing
Modify the following Chapters in the City of Lake Elsinore Municipal Code:
Chapter 17.08 DEFINITIONS
17.08.050 E definitions.
"Emergency shelter" Immediate and short -term housing with supportive
services for homeless persons that is limited to occupancy of six months or less. No
individual or household may be denied emergency shelter because of an inability
to pay.
17.08.190 S definitions.
"Supportive housing" Housing with no limit on length of stay, that is
occupied by the target population, and that is linked to onsite or offsite services
that assist the supportive housing resident in retaining the housing, improving his
or her health status, and maximizing his or her ability to live and, when possible,
work in the community.
17.08.200 T definitions.
"Transitional housing" Buildings configured as rental apartment
developments, that operate under program requirements which call for the
termination of assistance and recirculation of the assisted unit to another eligible
program recipient at some predetermined future point in time, which shall be no
less than six months, and no more than two years. Appropriate sites for the
transitional housing development should include those close to public services and
facilities including transportation.
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Draft ZCA 2012 -03
Page 2
Chapter 17.60 R -M -R RURAL MOUNTAINOUS RESIDENTIAL DISTRICT
17.60.020 Permitted uses.
Q. Supportive housing.
Chapter 17.64 R -R RURAL RESIDENTIAL DISTRICT
17.64.020 Permitted uses.
L Supportive housing.
Chapter 17.68 R -E ESTATE SINGLE - FAMILY RESIDENTIAL DISTRICT
17.68.020 Permitted uses.
1. Supportive housing.
Chapter 17.72 R -H HILLSIDE SINGLE- FAMILY RESIDENTIAL DEVELOPMENT
DISTRICT
17.72.020 Permitted uses.
1. Supportive housing.
_Chapter 17.76 R -1 SINGLE - FAMILY RESIDENTIAL DISTRICT
17.76.20 Permitted uses.
K. Supportive housing.
Chapter 17.80 R -2 MEDIUM DENSITY RESIDENTIAL DISTRICT
17.80.020 Permitted uses.
L. Supportive housing.
M. Transitional housing.
Chapter 17.84 R -3 HIGH DENSITY RESIDENTIAL DISTRICT
17.84.020 Permitted uses.
L. Supportive housing.
M. Transitional housing.
PC October 2, 2012 Item No. 2
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Draft ZCA 2012 -03
Page 3
Chapter 17.86 RMU RESIDENTIAL MIXED -USE DISTRICT
17.86.020 Permitted uses.
Table of Mixed -Use Land Uses
Supportive housing. P P
Transitional housing. P P
See Chapter 17.08 Definitions.
See Chapter 17.08 Definitions.
Chapter 17.92 MC MOBILEHOME COMMUNITY DISTRICT
17.92.020 Uses permitted.
F. Supportive housing.
Chapter 17.134 CMU COMMERCIAL MIXED -USE DISTRICT
17.134.020 Permitted uses.
Table of Mixed -Use Land Uses
Supportive housing. P P
Transitional housing. P P
See Chapter 17.08 Definitions.
See Chapter 17.08 Definitions.
Chapter 17.132 C -M COMMERCIAL MANUFACTURING DISTRICT
17.132.020 Permitted uses.
F. Emergency Shelter, in accordance with Sec. 17.132.150 Emergency
Shelter Use & Development Standards.
17.132.150 Emergency Shelter Use & Development Standards
In accordance with California Government Code Sec 65582, 65583(a), and
65589.5. emergency shelters are permitted as a matter of right in the CM zone.
The purpose of regulating the siting of emergency shelters, their use and
development, is to ensure the development of emergency shelters do not
adversely impact adjacent parcels or the surrounding neighborhood, and shall be
developed in a manner that protects the health, safety, and general welfare of
PC October 2, 2012 Item No. 2
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Draft ZCA 2012 -03
nearby residents and businesses while providing for the housing needs of the
homeless.
A. Use Standards.
1. Number of Beds. An emergency shelter shall contain a maximum of 50
beds.
2. Hours of Operation. Emergency shelter operations are limited to the
evening hours and shall open not earlier than 5:00 pm and close not
later than 8 a.m. daily. All clientele shall vacate the premises upon
closing. There shall be no in- and -out privileges for clientele using the
shelter between 10 p.m. and 6 a.m.
3. Management. The shelter shall provide onsite management during
hours of operation, at a ratio of one staff member for every 15 beds.
Staff members shall be awake and on duty during the operating hours of
the shelter.
4. Use of the Program. The shelter shall operate on a first come, first
served basis. It is preferred that the shelter operate on a voucher system,
wherein Intake procedures are performed as a separate function from
the shelter and results in a referral to the shelter program for a specified
period of time.
5. Objective of the Program. Services shall be provided to assist clients in
obtaining permanent shelter, income, and services.
6. Length of Stay. Clients are permitted to return to the shelter for a
maximum of 180 days unless their individual management plan provides
for longer residency while regularly participating in training or
rehabilitation.
7. Reimbursement. No individual or household may be denied emergency
shelter because of an inability to pay.
8. Licensing. The facility shall demonstrate that it is in good standing with
County, State and City licensing agencies, if required for the owner,
operator and staff.
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Draft ZCA 2012 -03
Page 5
9. Shelter Management Plan. The shelter shall provide a written
management plan to the City that includes provisions for staff training
and qualifications, neighborhood outreach program including litter
pickup with a 500 foot radius, and traversing the neighborhood daily for
input and reconnaissance; transportation options; security; location of
smoking area, volunteer and donation program and procedures; intake
screening to ensure compatibility with services provided at the facility,
and for the training, counseling and treatment programs for clients; and
health, safety and emergency plans.
B. Development Standards
1. The development standards set forth in the C -M zone shall apply, unless
otherwise specified herein.
2. Interior Waiting Area. Interior onsite waiting and client intake area
shall be a minimum of 200 square feet, including seating for 25 clients at
any one time.
3. Exterior Waiting Area. A covered exterior onsite waiting area shall be
provided, at a minimum of 100 square feet for seating for 50 clients at
anyone time, to protect clients from the elements.
4. Separation between Shelters. An emergency shelter shall be no closer
than 300 feet from another emergency shelter, as measured from the
nearest property line.
5. External Lighting. Adequate external lighting shall be provided for
security purposes. The lighting shall be stationary and directed away
from adjacent properties and public- rights -of -way.
6. Parking. Off - street parking requirements shall provide for employees,
residents and visitors, including a loading space, as set forth in the
facility management plan which shall demonstrate the need for spaces
at the facility.
7. ADA Access. The shelter shall be compliant with the Americans with
Disabilities Act.
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Draft ZCA 2012 -03
Page 6
8. Amenities. The facility may include central cooking and dining areas,
laundry area, recreation rooms, counseling centers, child care facilities,
play areas, bike racks, and other support services for the exclusive use of
the residents and staff.
Chapter 17.140 M -2 GENERAL MANUFACTURING DISTRICT
17.140.20 Permitted uses.
L. Emergency Shelter, in accordance with Sec. 17.132.150 Emergency
Shelters Use & Development Standards.
PC October 2, 2012 Item No. 2
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APPENDIX B
GENERAL, PLAN /ZONING COMPATIBILITY MATRIX
PC October 2, 2012 Item No. 2
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GENERAL
PLAN
DESIGNATIONS
RFSmFNI'IAL
MIXEDUSE
CoMM L
INDUSTRIAL
OILIER
ZONING DISTRICES
_
_
E
A
c a
atl
O C
e
z
w
OC
R -M -R Rural Monotainoos
■
■
R -R Rural Residential
❑
■
R -E Estate Single-Family Residential
❑
■
R-11 Hillside Single Family Residential
■
■
■
Residential
R -1 Single- Family Residential
❑
■
■
■
R -2 Medium Density Residential
■
■
■
•
R -3 High Density Residential
■
■
■
MC Mobilehome Community
■
■
OS Open Space
■
•
Open Space
R Recreation
•
❑
■
P.U.D.
FUD Planned Unit Development
C-0 Commercial Office
■
■
■
■
C -1 Neighborhood Commercial
■
■
■
❑
Commercial
C -2 General Commercial
■
■
■
❑
❑
❑
C -P Commercial Park
•
■
■
■
C -M Commercial Manufacturing
❑
❑
M -1 Limited Manufacturing
■
lndustclal
M -2 General Manufacturing
■
M-3 Mineral Resources and Related
May be compatible under special cinvmsfances N the Extinctive Overlay designation.
Manufacturin
Mixed
RMU Residential Mixed -Use
■
-Use
CMU Commercial Mtxed -Use
M
■
■
■
LEGEND
■ - Zones that are compatible with General Plan designations.
- Zones that may be compatible under special circumstances.
PC October 2, 2012 Item No. 2
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