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HomeMy WebLinkAbout0003_1_PA 2021-18 - SR REPORT TO PLANNING COMMISSION TO: Honorable Chairman Members of the Planning Commission FROM: Richard J. MacHott, Planning Manager DATE: August 16, 2022 SUBJECT: Planning Application No. 2021-18/General Plan Amendment No. 2021- 01: City of Lake Elsinore 2021-2029 Housing Element and Amendment of City of Lake Elsinore General Plan Chapter 3.0 (Public Safety and Welfare) including updates related to the Safety Element and the addition of new Environmental Justice goals, policies and programs. APPLICANT: City of Lake Elsinore Recommendation 1. Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION (ER 2021-01) (SCH NO. 2021080295) FOR PLANNING APPLICATION NO. 2021-18 (GENERAL PLAN AMENDMENT NO. 2021-01); and 2. Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT NO. 2021-01. Project Location The Project encompasses the entire City of Lake Elsinore and its Sphere of Influence. The City’s planning area (including its sphere of influence) encompasses approximately 72 square miles. Background California Housing Element law (Government Code Sections 65580-65589) requires all cities and counties to update the Housing Element every eight years in order to remain relevant and reflective of the community’s changing housing needs. The Housing Element is one of eight State mandated components of the General Plan. California is now in its sixth cycle, covering a period between 2021 and 2029 and this update will address housing needs within this planning period. PA 2021-18 PAGE 2 OF 21 Housing Element The City Council adopted the 5th Cycle (2014-2021) Housing Element on August 27, 2013. Working together and under staff direction, the City’s consultant (MIG) prepared the draft of the 6th Cycle Housing Element for the 2021-2029 planning period. In May 2021, the City proactively engaged the community through a variety of avenues including digital/social media outreach, a community survey, a community workshop, several announcements at City Council and Chamber of Commerce meetings, as well as direct email to stakeholder groups. The City sent out notifications of the release of the Public Review Draft Housing Element through social media pages, the City website, and e-mails to 95 individuals who requested such notification when completing a housing survey online, to the stakeholder list (11 homeowners associations) and the Chamber of Commerce. The notification included a link to the Public Review Draft Housing Element and information on how to submit comments to the City. At its October 5, 2021 and November 2, 2021 meetings, the Planning Commission considered a draft of the sixth cycle Housing Element. The matter was continued off-calendar in order for staff and its consultant to continue working with the California Department of Housing and Community Development (HCD) to finalize the draft Housing Element. HCD reviews every local government’s housing element to determine whether it complies with state law and then submits written findings back to each local government. The Housing Element process is concluded when HCD’s finds that the City of Lake Elsinore’s adopted Housing Element is in compliance with the state’s Housing Element law. HCD’s review process to date has been of the original draft Housing Element and revised drafts that were prepared in response to HCD’s October 22, 2021, January 21, 2022, and June 14, 2022 comment letters. Those HCD reviews do not constitute the official determination that the City’s Housing Element is in compliance with the state’s Housing Element law. Upon City Council adoption, the Housing Element will be officially forwarded to HCD for official evaluation. In its official review, HCD could make findings requiring amendments that would require bringing a revised document back for Planning Commisison and City Council consideration. General Plan Chapter 3.0 (Public Safety and Welfare) The City Council adopted the Lake Elsinore General Plan on December 13, 2011. Although there have been a number of amendments to the General Plan’s Land Use Element contained in Chapter 2.0 (Community Form) since December 2011, there have been no amendments to the balance of the General Plan. The City’s Safety Element is integrated into Chapter 3.0 (Public Safety and Welfare) of the City’s General Plan. Pursuant to California Government Code Section 65302(g)(3), upon the next revision of the Housing Element on or after January 1, 2014, the Safety Element is required to be reviewed and updated as necessary to address the risk of fire for land classified as State Responsibility Areas and land located within areas classified as Very High Fire Hazard Severity Zones by CAL FIRE. With the Housing Element and the Safety Element update, the City is revising two General Plan elements, therefore triggering the requirement set forth in Government Code Section 65302 (h)(2) that the City adopt or review the Environmental Justice Element, or the environmental justice goals, policies, and objectives in other elements. In compliance with this Government Code PA 2021-18 PAGE 3 OF 21 requirement, General Plan Amendment No. 2021-01 includes a new Environmental Justice Element that is being added to the end of Chapter 3.0. Project Description The project consists of three components:  The adoption and implementation of the City of Lake Elsinore 2021-2029 6th Cycle Housing Element, which represents an update of the City’s Housing Element,  An update of the General Plan Safety Element contained in Chapter 3.0 (Public Safety and Welfare) of the City’s General Plan, and  A new Environmental Justice Element, which is being incorporated into Chapter 3.0. Discussion 2021-2029 Housing Element The Housing Element is an integral component of the City’s General Plan as it addresses existing and future housing needs of all types for persons in all economic segment groups within the City. The Housing Element serves as a tool for decision makers and the public in understanding and meeting housing needs in Lake Elsinore. While the law does not require local governments to construct housing to meet identified needs, it does require that the community address housing needs in its discretionary planning actions such as creating opportunities for housing in the land use plan and facilitating development through policies. To meet this goal, the Housing Element identifies existing vacant or underdeveloped areas already designated by the General Plan Land Use Element to provide for the City’s projected housing needs. For the 2021-2029 planning period, the Housing Element’s goals, policies, and programs address housing issues in Lake Elsinore and meet State law housing requirements. The City’s overarching objective is to ensure development, revitalization, and preservation of a balanced inventory of housing to meet the needs of present and future residents. In particular, the City looks to ensure that all residents have decent, safe, sanitary, and affordable housing regardless of income. The goals, policies, and programs provide the framework for the City’s overall housing program and aim to: • Conserve and improve the condition of the existing housing stock, • Assist in the development of housing for low- and moderate-income households, • Identify adequate sites to encourage the development of a variety of types of housing for all income levels, • Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing, and • Promote equal opportunities for all persons. The draft Housing Element was initially submitted to the California Department of Housing and PA 2021-18 PAGE 4 OF 21 Community Development (HCD) for review/approval on August 23, 2021. In response to HCD comments several revised drafts have been submitted to HCD for additional review and comment. The version of the draft Housing Element (Exhibits C and D) being considered by the Planning Commission is the Revised (3rd Revision) Draft dated July 29, 2022 and its appendices. The Housing Element has five main components. Four parts of the element establish existing or baseline conditions and includes information such as:  Population and housing characteristics (Chapter 2, Community Profile and Housing Needs Assessment),  Regulatory constraints to housing development (Chapter 3, Housing Constraints Analysis),  Land resources available to meet the City’s identified housing need (Chapter 4, Housing Resources and Sites Inventory), and  An evaluation of how well the city implemented the last Housing Element (Chapter 5, Review of 2014-2021 Program Accomplishments). All of these components build toward the Housing Plan (Chapter 6, Housing Plan), which includes the City’s housing goals, policies, and implementing programs. Projected Housing Need - Regional Housing Needs Allocation (RHNA) Every jurisdiction in the state must plan for its fair share of the region’s projected housing needs. The RHNA is the number of projected housing units the State has determined are needed to accommodate projected household growth of all income levels on a regional basis which for the Southern California is region 1.34 million housing units through 2029. The Southern California Association of Governments (SCAG) determines the RHNA distribution for all individual jurisdictions within its planning area. RHNA unit counts are distributed by income categories and includes allocations within Extremely/Very Low, Low, Moderate, and Above Moderate income categories. The RHNA identified for the City of Lake Elsinore is 6,681 units. This is the total number of housing units the City must plan to accommodate by 2029. State law requires the City to provide enough suitable sites with appropriate general plan densities and zoning to accommodate the housing needs for all income levels and also requires the City to address housing for special needs groups including persons with disabilities including developmental disabilities, Older Adults (65+ years), large households (5+ members), farmworkers, female-headed households, and people experiencing homelessness. In the course of the preparation for the updated Housing Element, staff reviewed all parcels within the City. Chapter 4 of the proposed Housing Element identifies available sites in Lake Elsinore for future housing development and evaluates how these land resources can work toward satisfying future housing needs. The identified sites need to provide sufficient opportunities to meet state-mandated housing goals for the City. The City has surplus capacities in all income level categories to accommodate its RHNA units and, therefore, no requirements for zoning or General Plan amendment are triggered. For the 2021-2029 period, City of Lake Elsinore's RHNA allocation is 6,681 housing units, with the following income breakdown: PA 2021-18 PAGE 5 OF 21 Income Category (AMI = Area Median Income*) RHNA Allocation (Number of Units) Percent of Total Allocation Very Low Income (≤50% of AMI) 1,878 28.1% Low Income (>50% to ≤80% of AMI) 1,099 16.4% Moderate Income (>80% to ≤120% of AMI) 1,134 17.0% Above Moderate Income (>120% of AMI) 2,570 38.5% Total 6,681 100% “Area Median Income (AMI)” means the median household income based on household size of a geographic area of the state, as annually updated by HCD. *On May 13, 2022, HCD identified Riverside County’s AMI (Area Median Income) for a family of four to be $87,400 New/Revised Housing Element Goals and Programs The proposed 2021-2029 Housing Element includes many of the programs that are contained in the current 2014-2021 Housing Element. The following is a summary of the revisions proposed for the Housing Element’s Goals and Programs. Revised Goal 1 - Preservation, maintenance, and improvement of the existing housing stock including the affordable housing stock. Revised Program 1: Code Enforcement The City will continue using code enforcement to identify housing maintenance issues and to expedite rehabilitation of substandard and deteriorating housing by offering technical assistance or assistance referrals to homeowners and occupants. As new projects, code enforcement actions, and other opportunities arise, the City will investigate ways to meet its housing needs through rehabilitation and preservation of existing units. New Program 4 - Affordable Housing at Risk of Conversion The City will continue to monitor the status of subsidized affordable projects, rental projects, and mobile homes and provide technical and financial assistance, when possible, to ensure long-term affordability. This will involve contacting owner/operators of subsided projects annually to determine the status of the units and their potential to convert to market-rate. If projects are at risk, the City will maintain contact with local organizations and housing providers who may have an interest in acquiring at-risk units. The City will keep track of and apply for funding opportunities to preserve at-risk units and assist other organizations in applying for funding to acquire at-risk units. Revised Goal 2 - Diverse and high-quality housing opportunities to meet the needs of all economic segments of the community. Revised Program 7: Affordable Housing Development Make available on the City website and distribute to interested developers and non-profit housing agencies a list of City-owned property suitable for affordable housing projects and the Housing Element which includes a residential sites inventory. Update the City-owned property list regularly. Annually consult with local affordable housing developers, including offering letters of support for grant applications, advising on local zoning and code compliance, and facilitating partnerships. When appropriate (based on affordability level) and available funding, the City will provide incentives or financial assistance to residential developments that include units that are affordable to lower-income households, including extremely low-income households. Assistance can include expedited permit processing, impact fee deferrals, and funding assistance (Low- and Moderate-Income Housing Asset PA 2021-18 PAGE 6 OF 21 Funds contingent on a project meeting the location and affordability requirements). The City will promote these incentives to developers during the application process and use development agreements to obtain the inclusion of affordable housing units in new residential projects. The City has added incentives to encourage lot consolidation in the text of the Downtown Elsinore Specific Plan and will considering expanding those incentives citywide. Revised Program 8: Affordable Housing Partnerships Work with agencies and organizations to increase affordable housing activities such as construction, rehabilitation, or financial assistance to renters and owners. Provide a link to available housing programs for residents and developers on the City website. Partnerships and programs to continue and/or pursue include but are not limited to: County of Riverside Housing Authority (City/County Mortgage Revenue Bonds), County of Riverside Office of Economic Development (First Time Home Buyer and Mortgage Certificate Program), California Housing Finance Agency (CalHFA), and Habitat for Humanity. Endeavor to facilitate at least two affordable housing project during the planning period. Participate and leverage funds from the newly created Western Riverside County Housing Finance Trust, a joint powers authority, for the purposes of funding housing specifically assisting the homeless population and persons and families of extremely low-, very low-, and low- income within the County of Riverside. New Program 9: Downtown Lake Elsinore Residential Development Incentivize infill development in the City’s historic Downtown to establish an attractive, walkable streetscape with a mix of shopping opportunities, restaurants, and housing in both well-maintained historic buildings and high-quality new development and open spaces. redevelop tax-delinquent properties, and consolidate parcels to create larger, development ready pads in/near Downtown. Pursue modifications to residential development standards to facilitate development in Downtown, and identify funding sources to invest in infrastructure and housing New Program 11: Development Process Streamlining Continue streamlining the project review process by:  Reviewing, and if necessary, revising local review procedures to facilitate a streamlined review process, and  Accommodating SB 35 streamlining applications or inquiries by creating and making available to interested parties an informational packet that explains the SB 35 streamlining provisions in Lake Elsinore and provides SB 35 eligibility information. New Program 12: Objective Design Standards In compliance with SB 330, adopt objective design standards to ensure that the City can provide local guidance on design and clearly articulate objective design standards for by- right projects as allowed by state law. Adoption of objective design standards will facilitate high-quality residential development and compliance with State objectives regarding streamlined project review. The objective design standards will ensure provision of adequate private open space, parking, and architectural features, consistent with state law. Part of the objective design standards creation process will include assessing how the standards can be used to encourage a variety of housing types and limit the size of residential units on multi-family zoned properties to encourage units that are affordable by design. PA 2021-18 PAGE 7 OF 21 Revised Program 13: Rental Assistance Continue to support the Housing Choice Voucher (Section 8) Program. Direct eligible households to the Housing Choice Voucher rental assistance program managed by the Housing Authority of Riverside County. Provide information to landlords regarding participation in the Housing Choice Voucher Rental Assistance Program. Work with the Housing Authority of the County of Riverside to promote Housing Choice Voucher use in high resources area in the City. Expand the location of participating voucher properties by adding information for property owners and landlords to the City’s website about participation in the Housing Choice Voucher Rental Assistance Program and advertising the County’s Informational Seminars for Landlords. Revised Program 15: Resources to Address Homeless Need The City will use available funding (CDBG) to support organizations that address the needs of at-risk and homeless individuals and families through assistance to non-profits serving the homeless population. The City will annually contact service providers and share identified levels of CDBG or other available funds (including City funds) for homeless resources or housing programs. The City will continue working with non -profit organizations that address homelessness to aid residents in need and provide technical support (such as preapplication consultation, identification of available City funding or incentives such as expedited permit processing, flexibility in development standards and reduced, waived, or subsidized development and impact fees) as needed and will cultivate a close relationship with qualified and experienced non-profits to operate a safe and secure crisis stabilization housing complex (The Anchor ). Revised Goal 3 - Adequate sites for housing development to accommodate the City's housing need a range of housing by type, size, location, price, and tenure. New Program 16: Adequate Sites The City of Lake Elsinore has a remaining RHNA of 6,555 units for the 2021-2029 RHNA planning period after credits for approved projects are taken into consideration. Overall, the City can adequately accommodate the City’s current RHNA under existing General Plan and Zoning Code standards. The residential sites inventory to address the current RHNA consists of accessory dwelling unit (ADU) projections, development capacity in Specific Plan areas, and vacant residential and mixed-use sites with capacity to yield 11,749 new units. The City will maintain an inventory of available sites for residential development and provide it to prospective residential developers upon request. The City will continue to track the affordability of new housing projects and progress toward meeting the City’s RHNA. To facilitate effective coordination between local planning and water and sewer service functions to ensure adequate water and sewer capacity is available to accommodate housing needs, following Housing Element adoption, deliver the 2021-2029 Lake Elsinore Housing Element to all providers of sewer and water service within the City of Lake Elsinore in accordance with Government Code Section65589.7. The City does not provide water and sewer services. As of June 2022, the Elsinore Valley Municipal Water District (EVMWD), which provides water and sewer services to the City, indicated that it was PA 2021-18 PAGE 8 OF 21 unclear if procedures are in place to grant priority for the provision of water and sewer services to proposed developments that include units affordable to lower-income households as required by Government Code Section 65589.7. The City of Lake Elsinore does not have jurisdiction over the District as such, EVMWD was alerted of the requirements under Government Code Section 65589.7 and staff at EVMWD indicated that they would take action to put a compliant procedure in place to grant priority for the provision of water and sewer services to proposed developments that include units affordable to lower-income households by December 2022. The City is not responsible for the actual construction of these units. The City can, however, create a regulatory environment that enable the private market to build these units. This includes the adoption and implementation of General Plan policies, zoning, and development standards, and/or incentives to encourage the construction of various types of units. New Program 17: No Net Loss Government Code Section 65863 stipulates that a jurisdiction must ensure that its Housing Element inventory can accommodate its share of the RHNA by income level throughout the planning period. If a jurisdiction approves a housing project at a lower density or with fewer units by income category than identified in the Housing Element, it must quantify at the time of approval the remaining unmet housing need at each income level and determine whether there is sufficient capacity to meet that need. If not, the city or county must “identify and make available” additional adequate sites to accommodate the jurisdiction’s share of housing need by income level within 180 days of approving the reduced-density project. The City will evaluate residential development proposals for consistency with goals and policies of the General Plan and the 2021-2029 Housing Element sites inventory. The City will make written findings that the density reduction is consistent with the General Plan and that the remaining sites identified in the Housing Element are adequate to accommodate the RHNA by income level. If a proposed reduction of residential density will result in the residential sites inventory failing to accommodate the RHNA by income level, the City will identify and make available additional adequate sites to accommodate the its share of housing need by income level within 180 days of approving the reduced density project. New Program 19: Accessory Dwelling Units Promote the development of accessory dwelling units (ADUs) by adopting an ADU ordinance addressing the latest provisions in State law, including permit streamlining processes. Provide technical resources to interested property owners. Promote development of ADUs by providing written information at the City’s planning counter and website. Revised Program 20: Specific Plans While initiation of physical development of a Specific Plan is largely outside the control of the City, the City will continue to promote development within existing and future specific plans. The City will maintain a list of Specific Plans with remaining development capacity and provide entitlement information of each plan as well as necessary entitlements or actions. The City will reach to owners/developers of Specific Plans with no recent entitlements actions every other year to identify any development constraints that may be PA 2021-18 PAGE 9 OF 21 within the control of the City. The City will address any identified issues. During the outreach process, the City will also provide information to owners and developers about available housing funds to assist in the development of affordable housing. Revised Goal 4: The Removal of governmental and non-governmental constraints to the maintenance, improvement, and development, improvement, and maintenance of housing. New Program 22: Compliance with Zoning Laws • Amend the City’s zoning regulations and make changes to ensure compliance with Senate Bill 2 (SB 2), the Supportive Housing Streamlining Act (AB 2162) and AB 101 (Low-Barrier Navigation Centers): o SB 2 requires that the City treat transitional and supportive housing as a residential use and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone (Government Code Section 65583(a)(5)). o AB 2162 requires supportive housing to be considered a use by right in zones where multi-family and mixed uses are permitted, including nonresidential zones permitting multi-family uses if the proposed housing development meets specified criteria. The law prohibits the local government from imposing any minimum parking requirement for units occupied by supportive housing residents if the development is located within one-half mile of a public transit stop. AB 2162 also require local entities to streamline the approval of housing projects containing a minimum amount of supportive housing by providing a ministerial approval process, removing the requirement for CEQA analysis, and removing the requirement for Conditional Use Authorization or other similar discretionary entitlements. o AB 101 requires that Low-Barrier Navigation Centers (LBNC) be a by-right use in areas zoned for mixed-use and in nonresidential zones permitting multi-family uses (by-right or conditionally). LBNC provide temporary room and board with limited barriers to entry while case managers work to connect homeless individuals and families to income, public benefits, health services, permanent housing, or other shelter. • Require that employee housing, including agricultural employees, be treated like any other residential use in the same zone consistent with the Employee Housing Act. • Allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower-income households on sites identified in the Sites Inventory and Appendix B as subject to AB 1397.` New Program 23: Residential Development Standards Review developments standards for the residential zoning districts to facilitate high-quality residential development in Lake Elsinore. The City will assess the potential for residential density increases for most residential and mixed-use districts. Potential changes will ensure that the City’s planning and design goals for residential and mixed-use projects are met. Explore establishing prototype development plans for different residential types as a tool to streamline and facilitate residential development. Prototype plans can also assist with grant funding application for affordable or special needs housing as plans can be tailored to the funding application requirements PA 2021-18 PAGE 10 OF 21 New Program 24: Non-Government Constraints Continue to monitor and evaluate development standards and advances in housing construction methods. Although the City has limited influence over non-governmental constraints, if non-governmental constraints are identified, the City will review, and if necessary, revise, any development regulations or processes that can potentially lessen those constraints. Revised Goal 5: Equal access to housing for all residents. Affirmatively f urthering equal and fair access to sound, affordable housing for all persons. Revised Program 25: Affirmatively Further Fair Housing The City promotes and affirmatively furthers fair housing opportunities and promotes housing for all persons, including those protected by the California Fair Employment and Housing Act and any other State and federal fair housing and planning laws. The City will continue to promote public awareness of federal, State, and local regulations regarding equal access to housing and will provide information to the public on various state and federal housing programs and fair housing law. Maintain fair housing service referral information on the City’s web site. The City will also continue to implement Government Code Section 8899.50, subdivision (b), which requires the City to administer its programs and activities relating to housing and community development in a manner to affirmatively furthers fair housing and take no action that is materially inconsistent with its obligation to affirmatively further fair housing. The City will work to address housing choices and affordability in high opportunity areas, strategies for preservation and revitalization, and displacement protection. Chapter 3 summarizes the fair housing issues and concerns in Lake Elsinore based on research conducted as part of this Housing Element update and supplemented by findings of the 2019 Riverside County Analysis of Impediments to Fair Housing Choice. Safety Element Update The objective of the amendments to General Plan Chapter 3.0 regarding the Safety Element Update is to address the risk of fire for land classified as State Responsibility Areas and land classified as Very High Fire Hazard Severity Zones and to minimize injury, loss of life property damage resulting from wildland fires. In addition to the Section 65302(g)(3) required revisions, other portions of Chapter 3.0 are being updated to reflect current information and to incorporate policies contained in the Lake Elsinore Local Hazard Mitigation Plan Annex (LHMP) to the Riverside County Operational Area Multi- Jurisdictional Local Hazard Mitigation Plan that was adopted by the Lake Elsinore City Council on September 11, 2018. The proposed Safety Element-related amendments to the General Plan do not change any land use designations and do not propose or anticipate any specific development proposals. As required by Government Code Section 65302.5, the draft amendment to the Safety Element was submitted to the State Board of Forestry and Fire Protection on August 19, 2021. The State Board reviewed the draft amendment on September 21, 2021 and recommended only a correction of the term “fuel resistant building techniques” in Policy 4.2 (page 3-21) to “fire-resistant building techniques.” This correction was made. PA 2021-18 PAGE 11 OF 21 The proposed revisions related to the Safety Element are shown in the attached Exhibit F, Proposed GP Chapter 3.0 Update - with Redlined Changes. (Please note that the page format and numbering in the redlined document is off due to the redlining.) The following is a summary of those revisions. Section 3.3 (Hazards and Hazardous Materials) Language regarding the Inland Empire Brine Line, previously referred to as “The Santa Ana Regional Interceptor (SARI)” is updated and a new figure (Figure 3-1) showing the facility’s location was added. The following new policies from the LHMP are added: Policy 3.6 Comply with the Riverside County Underground Storage Tank Program, and Health and Safety Code Sections 25280-25289 and ensure adequate leak detection, maintenance of records, and reporting of spills. Policy 3.7 In the event of a petroleum or gas pipeline leak, the City shall ensure that all responsible parties comply with the standards set by the California Department of Fish & Wildlife Office of Spill Prevention and Response. Section 3.4 (Wildfire Hazards) Title of the section changed from “Wildland Hazards” to “Wildfire Hazards”. Background information regarding wildfires updated and a new table (Table 3-1) and new figure (Figure 3-2) added that show fires that occurred within Lake Elsinore and its Sphere of Influence between 1950 and 2020 and the areas burned. The High Fire Severity Zone Map (Figure 3-3) was updated and new figures (Figure 3-4 and Figure 3-5) showing how existing and proposed land uses relate to the High Fire Severity Zone are added. The following new policies from the LHMP or to meet CAL FIRE’s content requirements are added or amended: Policy 4.2 Create fuel modification zones around development within high hazard areas by thinning or clearing combustible vegetation within 100 feet of buildings and structures. The size of the fuel modification zone may be altered with the addition of fire-resistant building techniques. The fuel modification zone may be replanted with fire-resistant material for aesthetics and erosion control. Policy 4.5 Create emergency water supply procedures that identifies and maps existing and future reservoirs, tanks, and water wells for fire suppression and that allows for immediate access to those facilities when needed for fire suppression purposes. Policy 4.6 Identify and map the most current Fire Hazard Severity Zones, as described and mapped by CAL FIRE, on an ongoing and as-needed basis. Policy 4.7 Identify existing developed areas within the City that have reduced or limited circulation access and develop an evacuation plan, and recommended improvements to ensure adequate evacuation capabilities. Policy 4.8 Coordinate with fire protection and emergency service providers and the Elsinore PA 2021-18 PAGE 12 OF 21 Valley Municipal Water District to reassess fire hazards and future availability of water supplies, after wildfire events to adjust fire prevention and suppression needs, as necessary, for both short- and long-term fire prevention needs. Policy 4.9 To the extent feasible and appropriate, locate new essential public facilities (e.g., health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities) outside of Very High Fire Hazard Severity Zones. If new essential public facilities are located in a State Responsibility Area or Very High Fire Hazard Zone, the facilities shall be constructed to meet or exceed the most current version of the California Building Codes and California Fire Code requirements, as adopted by the City, to allow them to continue to serve community needs during and after disaster events. Amended Implementation Program - The City will coordinate with the California Department of Forestry and the County Fire Department supporting public fire education and prevention programs. New Implementation Program - The City will work with developers to establish a Road and Bridge Benefit District (RBBD) or other funding mechanism to construct extensions of Summerhill Drive, and La Strada to provide secondary/emergency access to existing development. New Implementation Program - The City will work with the Elsinore Valley Municipal Water District to maintain adequate water supply and fire flow, and identify areas lacking adequate water service for firefighting, including capacity for peak load under a reasonable worst-case wildland fire scenario, to be determined by CAL FIRE. New Goal 5 Minimize injury, loss of life property damage resulting from wildland fires. Policy 5.1 Require development to contribute its fair share towards funding the provision of appropriate Law Enforcement, Fire and Paramedic Services necessary to address the fiscal impacts of the project on public safety operations and maintenance issues in the City. Policy 5.2 Require that all new development located in a Very High Fire Hazard Severity Zone (VHFHSZ) or a State Responsibility Area (SRA), as most recently mapped by CAL FIRE, comply with the most current version of the California Building Codes and California Fire Code, as adopted by the City of Lake Elsinore. Policy 5.3 Require all new development to have at least two access roads in order to provide for concurrent safe access of emergency equipment and civilian evacuation. Policy 5.4 If new development is located in a State Responsibility Area or in a Very High Fire Hazard Severity Zone, require adequate infrastructure, including safe access for emergency response vehicles, visible street signs, and water supplies for fire suppression. Policy 5.5 Require new development in VHFHSZs to prepare a Fire Protection Plan that minimizes risks by: PA 2021-18 PAGE 13 OF 21 • Assessing site-specific characteristics such as topography, slope, vegetation type, wind patterns etc.; • Siting and designing development to avoid hazardous locations (e.g. through fire breaks) to the extent feasible; • Incorporating fuel modification and brush clearance techniques in accordance with applicable fire safety requirements and carried out in a manner which reduces impacts to environmentally sensitive habitat to the maximum feasible extent; • Using fire-safe building materials and design features, consistent with the adopted Municipal Code and Fire and Building Code standards; • Using fire-retardant, native plant species in landscaping; and • Complying with established standards and specifications for fuel modification, defensible space, access, and water facilities. Policy 5.6 Require new development within VHFHSZs to enter into a long-term maintenance agreement for vegetation management in defensible space, fuel breaks, and roadside fuel reduction. The agreement shall specify who is responsible for maintenance of these areas and the fire safe standards that will be implemented. As a project condition of approval, a copy of the executed agreement shall be provided to the City Fire Marshal and the Building and Safety Department. Policy 5.7 Require that all redevelopment of properties damaged or destroyed by a major wildfire comply with the most current version of the California Building Codes and California Fire Code, as adopted by the City of Lake Elsinore. Policy 5.8 Perform an evaluation of fire-related development standards should a major wildfire require portions of the City be rebuilt to ensure that redevelopment standards are as fire-safe as reasonably possible. Implementation Program - The City shall condition projects to comply with Fire Department requirements. Section 3.5 (Flooding and Floodplains) A new Figure 3-6 showing Floodplains is added and the following new policies from the LHMP are added: Policy 6.2 Continue to encourage floodway setbacks for greenways, trails, and recreation opportunities. Policy 6.3 Reduce the risk of flooding by creating floodway setbacks for greenways, trails, and recreation areas and by prohibiting development within the floodways. Policy 6.4 Encourage that new developments within the floodplain fringe shall preserve and enhance existing native riparian habitat. Policy 6.5 Continue to require the construction of channel improvements to allow conveyance of the 100-year flow without extensive flooding. Policy 6.6 Use FEMA regulations and mapping to ensure that flooding hazards are evaluated during the Policy environmental review process, including placement of restrictions on PA 2021-18 PAGE 14 OF 21 development within designated floodplain areas. Policy 6.7 Promote drainage improvements that maintain a natural or semi-natural floodplain. Section 3.6 (Geologic and Seismic Hazards) This section was renamed from “Seismic Activity” and additional background, including new subsections regarding the regulatory setting (Alquist-Priolo Earthquake Fault Zoning Act and Seismic Hazards Mapping Act) and local plans (Local Hazard Mitigation Plan, Emergency Operations Plan, and Resilient IE) added. This includes language concerning address climate adaptation and resiliency strategies. A figure showing evacuation routes (Figure 3-9) is added. The following new policy from the LHMP is added: Policy 7.1 Continue to make every effort to reduce earthquake-induced fire as a threat. Section 3.7 Noise No changes Section 3.8 (Community Facilities and Protection Services) A new heading “3.8.1 Fire and Police Protection Services” added. Background information regarding the Fire and Police/Law Enforcement Baselines is updated. Additionally, language regarding the Lake Elsinore Advanced Pump Storage (LEAPS) has been deleted. The following new goal and policies from the LHMP or to meet CAL FIRE’s content requirements are added. Goal 10 Maintain an emergency response program consistent with State law, and coordinate with surrounding cities, Riverside County and other emergency response providers. Policy 10.1 Maintain participation in local, regional, state, and national mutual aid systems to ensure that appropriate resources are available for response and recovery during and following a disaster. Policy 10.2 Periodically review and test the City’s Emergency Operations Plan to address the City’s growth in population and built environment, as well as, to note any deficiencies and to incorporate new emergency response techniques. Policy 10.3 Coordinate all emergency preparedness and response plans with neighboring cities, the County of Riverside, local health care providers and utility purveyors, and the California Emergency Management Agency (CalEMA). Policy 10.4 Maintain a safe and secure, technologically advanced Emergency Operations Center allowing for room to expand as the City grows. Policy 10.5 Continue to train Emergency Operations Center and general city staff in our Emergency Operations Plan and the California Standardized Emergency Management System (SEMS), the National Incident Management System (NIMS), and the Incident Command System (ICS). Policy 10.6 Continue coordinated training for City Emergency Response Team members, PA 2021-18 PAGE 15 OF 21 Community Emergency Response Team (CERT) volunteers, and related response agency personnel. Policy 10.7 Conduct public outreach to provide education programs and literature to Lake Elsinore’s residents, business people and property owners on earthquake preparedness, fire safety, flooding hazards, other emergencies and identified emergency access routes. Policy 10.8 Incorporate the current Lake Elsinore Local Hazard Mitigation Plan Annex (LHMP) and the Riverside County Operational Area Multi-Jurisdictional Local Hazard Mitigation Plan into this Chapter by reference. Implementation Program - The Emergency Services Division will maintain emergency prepared- ness information and handouts at City Hall, the Senior Center and the Library, and will distributed the information at community events. Additionally, the City’s website and other media resources shall be utilized to inform and educate residents and business owners on emergency preparedness matters and emergency evacuation routes. Implementation Program - The Emergency Services Division will continue to coordinate training for city staff and Community Emergency Response Team (CERT) volunteers, and publicize training sessions to the City’s residents and business owners. Implementation Program - The Emergency Services Division will review and update the Lake Elsinore Local Hazard Mitigation Plan (LHMP) and the Emergency Operations Plan (EOP) a minimum of every 5 years to update emergency response, evaluation plans and evacuation routes to reflect current conditions and community needs. New Environmental Justice Element The objective of the new Environmental Justice Element provisions being added to General Plan Chapter 3.0 is to provide for the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins, with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies within Lake Elsinore. Government Code Section 65302(h)(1) requires that both cities and counties that have disadvantaged communities incorporate environmental justice policies into their general plans, either in a separate Environmental Justice element or by integrating related goals, policies, and objectives throughout the other elements upon the adoption or next revision of two or more elements concurrently. According to mapping prepared by the California Office of Environmental Health Hazard Assessment (OEHHA) using the CalEnviroScreen 4.0 modeling, several census tracts that are completely or partially within the City limits are identified as disadvantaged communities. Therefore, concurrent with the above-described Housing Element and Safety Element update, the City is proposing environmental justice goals, policies and implementation programs as part of Chapter 3.0 of the City’s General Plan. The proposed Environmental Justice Element-related amendments to the General Plan do not change any land use designations and do not propose or anticipate any specific development proposals. PA 2021-18 PAGE 16 OF 21 In addition to identifying existing policies and implementation programs in the Housing Element, Land Use, Circulation, Parks and Recreation, Air Quality, Growth Management, Noise, Schools, and District Plan sections of the City’s General Plan, the following is a list of the new goals, policies and implementation programs that are being added to the General Plan to address environmental justice. Goal 17 Encourage meaningful participation in the public process by all members of the community. Policy 17.1 Encourage collaboration between the City, community, and community-based organizations, as well as local stakeholders, and environmental justice focus groups in promoting environmental justice. Policy 17.2 Promote efforts to educate and involve traditionally underrepresented populations in the public decision-making process. Policy 17.3 Initiate outreach efforts as early as possible in the decision-making process. Policy 17.4 Ensure that affected residents have the opportunity to participate in decisions that affect their health. Policy 17.5 Seek feedback on public decisions through traditional and online forms of communication, such as website, email, mobile phone apps, online forums, and podcasts. Policy 17.6 Ensure that low income and minority populations have equal access and influence in the land use decision-making process through such methods as bilingual notices, posting bilingual notices at development sites, and conducting public information meetings with interpreters. Policy 17.7 Utilize multilingual staff personnel to assist in evacuation and short-term recovery activities and meeting general community needs. Goal 18 Minimize the exposure of residents to pollution in the environment through sound planning and public decision-making. Policy 18.1 Ensure that zoning and other development regulations require adequate buffering between residential and industrial land uses. Policy 18.2 Encourage new development to reduce vehicle miles traveled to reduce pollutant emissions. Policy 18.3 Promote reduction of vehicle miles traveled (VMT) by encouraging expanded multi- modal facilities, linkages between such facilities, and services that provide transportation alternatives, such as transit, bicycle and pedestrian modes. Policy 18.4 Place adequate conditions on large construction projects to ensure they do not create noise, dust or other impacts on the community to the extent feasible. Policy 18.5 Require proposals for new sensitive land uses to incorporate setbacks, barriers, PA 2021-18 PAGE 17 OF 21 landscaping, ventilation systems, or other measures to minimize exposure to unhealthful air and other toxins. Policy 18.6 New specific plans or existing specific plans that include a substantial revision that are within “disadvantaged communities,” as identified by CalEPA should address Environmental Justice goals and include appropriate policies consistent with this section. Policy 18.7 Promote new development that emphasizes job creation and reduction in vehicle miles traveled in job-poor areas and does not otherwise contribute to onsite emissions in order to improve air quality. Policy 18.8 Periodically review the City’s truck routes to ensure they adequately direct trucks away from residential areas and other areas with sensitive receptors. Policy 18.9 Ensure that truck-dependent commercial and industrial uses incorporate the latest technologies to reduce diesel emissions. Policy 18.10 Require new commercial and industrial development to incorporate the latest technologies to reduce diesel emissions. Policy 18.11 Support traffic and highway techniques and technologies that reduce noise impacts of vehicular traffic through traffic calming, noise barriers, pavement design, and other measures. Policy 18.12 Encourage public and private development to incorporate green building techniques, such as construction waste management practices, optimization of energy efficiency measures, and avoidance of toxic chemicals. Policy 18.13 Monitor and maintain City facilities and the City’s vehicle fleet to maximize energy efficiency and reduce emissions. Goal 19: Develop increased mobility and accessibility for all residents. Policy 19.1 Support walking and bicycling by encouraging the development of complete streets that provide safe mobility for all users (e.g. bike lanes, traffic-calming measures, sidewalks separated from the roadway with tree planted landscaping), where feasible in the right-of-way. Policy 19.2 Facilitate pedestrian and bicycle access to parks and open space through infrastructure investments and improvements. Policy 19.3 Create land use patterns and public amenities that encourage people to walk, bicycle and use public transit. Policy 19.4 Encourage transit agencies to establish and maintain routes to jobs, shopping, schools, parks, and healthcare facilities that are convenient to low-income and minority populations. Policy 19.5 Encourage new specific plans, existing specific plans that includes a substantial PA 2021-18 PAGE 18 OF 21 revision, and development projects be designed to promote pedestrian movement through direct, safe, and pleasant routes that connect destinations inside and outside the plan or project area. Policy 19.6 Work with the Lake Elsinore Unified School District to ensure that all schools have safe and walkable routes to school. Policy 19.7 Ensure that emergency preparedness and disaster response programs, including evacuation routes, serve all parts of the City. Goal 20: Encourage the provision of healthy, affordable and culturally appropriate food that is readily available to all members of the community. Policy 20.1 Encourage the development of healthy food establishments in areas that have a high concentration of fast food establishments, convenience stores, and liquor stores. Policy 20.2 Establish regulations that allow farmers’ markets to operate in the City, where appropriate. Policy 20.3 Encourage and simplify the process of developing community gardens within or adjacent to neighborhoods and housing development sites. Policy 20.4 Promote city-wide messaging about healthy eating habits and food choices through the Healthy LE program. Policy 20.5 Assist transit providers in the review of their transit routes to provide service to grocery stores, markets, and healthy restaurants that provide healthy food options. Policy 20.6 Promote community gardens for suitable public and private land as well as an amenity in required open space areas of new multi-family residential and mixed-use development projects. Policy 20.7 Educate the public on how to grow and maintain a private or community edible garden. Implementation Program Review and as required amend the Zoning Code to facilitate the access to healthy food by the City’s residents. Goal 21: Create healthy and affordable housing opportunities for all economic segments of the community. Policy 21.1 Promote development that includes affordable housing consistent with the Housing Element. Policy 21.2 Provide ongoing infrastructure maintenance in existing residential neighborhoods through the capital improvement program. Policy 21.3 Assist in the preservation of housing units at risk of converting from affordable housing to market rate housing. PA 2021-18 PAGE 19 OF 21 Policy 21.4 Affirmatively further fair housing related to the sale, rental, and financing of housing to avoid discrimination based on race, religion, age, sex, marital status, ancestry, national origin, color, familial status, or disability, or any other arbitrary factor. Policy 21.5 Ensure that proposed new affordable housing projects meet the same standards of health and safety as conventional market rate housing. Policy 21. 6 In addition to the requirements of the Building Code, encourage the use of green, healthy building materials that are toxin free in residential construction. Goal 22: Provide adequate and equitably distributed public facilities throughout the community. Policy 22.1 Plan for the future public improvement and service needs of underserved communities. Policy 22.2 Provide a park system that provides all residents with access to parks, community centers, sports fields, trails and other amenities. Policy 22.3 Review the location and extent of community recreational facilities to ensure maximum use by children and adults and use that information to develop new recreational facilities and opportunities for the community, including indoor and outdoor facilities. Policy 22.4 Provide for the equitable distribution of public facilities and services, and where feasible, prioritize new facilities in underserved areas. Policy 22.5 Require that new development pay its fair share of public facilities and service costs, through the payment of all applicable development impact and Community Facilities District (CFD) fees. Policy 22.6 Ensure that new public facilities are well designed, energy efficient and compatible with adjacent land uses. Comments Received The City received several comments and written correspondence regarding the proposed Housing Element and the proposed amendment of General Plan Chapter 3.0. The City’s response to these comments are described in the following table. The written correspondence is attached. Commenter Summary of Comment Response Marsha Santos (E-mail dated August 16, 2021)) Would like to know why there isn’t any affordable housing for Senior Citizens. Housing Element Program 14 (Special Needs Housing) recognizes the need to provide housing opportunities that meet the special housing needs of special needs residents including the elderly by giving priority to development projects that include a component for special needs groups in addition to other PA 2021-18 PAGE 20 OF 21 lower-income households. Mitchell M. Tsai (Letters dated September 15, 2021 and November 23, 2021) Represents Southwest Regional Council of Carpenters. City should require the use of a local skilled and trained workforce. These letters do not request specific textual changes to the Housing Element. Therefore, staff is recommending no Housing Element changes. State Board of Forestry and Fire Protection (Oral comment made during September 21, 2021 Resource Protection Committee meeting.) Recommended a correction of the term “fuel resistant building techniques” in Policy 4.2 (page 3-21) to “fire-resistant building techniques.” This correction was made. SB 18 and AB 52 Tribal Consultations Pursuant to SB 18 requirements, the City requested a list from the Native American Heritage Commission (NAHC) of Native American Tribes with possible traditional or cultural affiliation to the area. Based on the list of tribes provided by the NAHC, the City provided a 90-day notification to potentially affected tribes on May 18, 2021. Staff received notification from Rincon, Soboba and Pechanga Tribes within the 90 days with requests to meet. SB 18 consultation meetings were combined with the required AB 52 consultation process. The full AB 52 consultation process is documented below. AB 52 provides for a 30-day period in which the six Tribes that asked for notification of the Project may request to consult on the project. On May 18, 2021, the City contacted the tribes and received requests from Rincon, Pechanga, and Soboba Tribes within the 30-day period, requesting to initiate consultation. The City held conference calls or video conferences with the three tribes and the following table summarizes the results of those meetings. Tribe Date of Consultation Summary of Comment Response Soboba Band of Luiseño Indians August 16, 2021 No Comments No Response Required. Rincon Band of Luiseño Indians September 1, 2021 No Comments No Response Required. Pechanga Band of Luiseño Indians September 16, 2021 Requested that Housing Element include description of AB 168 requirement for Native American consultation whenever City receives notice of developer’s intent to submit a residential project in accordance with the requirements of SB 35. Upon receipt of any pre- application notification submitted to the City in compliance with SB 35, the City will comply with all applicable legal requirements for Native American consultation. Environmental Determination Pursuant to the California Environmental Quality Act (CEQA), an Initial Study (Environmental Review No. 2021-01) was prepared for Planning Application 2021-18/General Plan Amendment No. 2021-01 to assess potential environmental impacts. No mitigation measures were identified PA 2021-18 PAGE 21 OF 21 and items on the environmental checklist were determined to be either “No Impact” or “Less than Significant Impact”. The Initial Study/Negative Declaration (SCH No. 2021080295) was made available for public review and comment for a 30-day review period from August 18, 2021 to September 17, 2021. Notice to all interested persons and agencies inviting comments on the Initial Study/Negative Declaration (IS/ND) was published in accordance with the provisions of CEQA and the Lake Elsinore Municipal Code. As of September 23, 2021, no comments regarding the IS/MD had been received. Exhibits A – CEQA Resolution B – GPA Resolution C - Draft 6th Cycle Housing Element for the 2021-2029 Period D - Draft 6th Cycle Housing Element Appendices E – Proposed General Plan Chapter 3.0 F – Proposed GP Chapter 3.0 Update- with Redlined Changes G – Housing Element – Comments Received H – State Board of Forestry and Fire Protection/Cal Fire Review of Safety Element I – Initial Study/Negative Declaration