Agenda Item No.: 3.1 Planning Commission: 5/25/2005 Area Map: Countywide Continued From: 4/27/2005 Zoning : N/A E.A./EIR Number: EA 40162 Supervisorial District: All Applicant: County Initiated Project Planner: Mark Balys Case No: Ord. Amd’t No. 348.4213, GPA 745

COUNTY OF RIVERSIDE PLANNING DEPARTMENT STAFF REPORT

PROJECT DESCRIPTION AND LOCATION: Ordinance No. 348, the land use ordinance for Riverside County, does not specify development and siting standards for off-highway vehicle (OHV) usage within the unincorporated areas of Riverside County. Through Ordinance Amendment 348.4213 Article XIXf (Amendment), OHV use will be specifically limited to the R-R, W- 2, M-R, M-R-A, M-SC, M-M, and M-H zones only. Ordinance Amendment 348.4213 is included as Attachment B of this staff report.

The Riverside County General Plan does not provide specific language that indicates that off-highway vehicle activity is allowable in any specific land use designations. Proposed OHV projects cannot be deemed compatible with a land use designation if the use is not recognized in the plan. The General Plan Amendment will add language to various sections of the general plan as shown in Exhibit C of this staff report.

BACKGROUND: OHV usage is not listed as a specifically permitted use in any zone within Riverside County. However, there are over 48,000 registered OHV’s in Riverside County and over 150,000 additional registered OHV’s in the neighboring Counties of San Bernardino, Orange, and San Diego. (Attachment A) The nearest State-operated OHV Parks are located at Hungry Valley in northwest Los Angeles County, and Ocotillo Wells in eastern San Diego County. The only privately operated OHV tracks open to the public in western Riverside County are located in The City of Lake Elsinore, near the Perris Fairgrounds, and on the Cahuilla Indian Reservation.

Since the State operated facilities are located far away from Riverside County, there is an increased pressure to ride on private land. These same pressures have exacerbated the unauthorized riding that occurs on both publicly owned and privately owned lands. As Riverside County and its neighboring counties urbanize and the number of OHV riders increase, there will be an increased demand for private, commercial and non-commercial riding facilities on lands considered rural or undeveloped. The State of California is in the planning stages of developing a OHV State Recreational Area on 1,200 acres in the Laborde Canyon area in the Badlands. The EIR for this site is slated for completion in late 2006 with development following in the near future. The development of this State OHV Park together with the changes proposed to the general plan and possible development of future private commercial OHV tracks is anticipated to mitigate many of the problems to date. Due to the significant number of Landuse problems created by the indiscriminate riding of OHV’s the Riverside County Board of Supervisors directed the Planning Department to develop standards for regulating the riding activity.

LANDUSE ISSUES: The Riverside County Board of Supervisors and Riverside County Code Enforcement staff regularly receive complaints regarding OHV riding. Generally, these complaints address illegal riding activity, noise, dust, grading activities, and hours of riding activity. It is difficult for County staff to respond to these complaints when the County Land Use Ordinance lacks any development standards for OHV use. Furthermore, should such cases result in legal action in court, the County is put at a disadvantage without the existence of specific development standards, and specific general plan land use designations whereby OHV activities may be allowed.

There have been several Planning Commission hearings on this ordinance amendment. In addition Planning Staff has held three meeting with an ad hoc Citizens Committee to discuss the overall issue and obtain guidance and understanding of the topic from various perspectives including riders, property owners, ranchers, business owners, and both local and state staff members. Planning Staff has met with experts in the field of noise mitigation, and with members of the riding community. On April 20,2005 the Planning Commission had a special workshop at PC Staff Report: Page 2 of 51 Glen Helen Raceway to actively listen to the types of sound generated by different motorcycles and the necessary setbacks required to mitigate the sound to the 65 dBA range required by the proposed ordinance.

SUMMARY OF GENERAL PLAN PROVISIONS General Plan Amendment 745 will include a number of textual references to OHV use. The following table summarizes these additions found in their entirety within Attachment C.

PAGE POLICY PROPOSED LANGUAGE NO. NO. LU-24 & Amend introductory paragraph of Land Use Compatibility section to include OHV use. 25 LU-25 LU. 6.5 Add policy that provides OHV uses within specific land use designations. Require additional mitigation measures when conflicts exist. LU-48 Rural Mountainous—Provides for OHV uses with approval of OHV Permit or CUP. LU.48 Rural Desert—Provides for OHV uses with approval of OHV Permit or CUP. LU-51 Open Space-Recreation—Replace off-road vehicle parks with off-highway vehicle parks. LU-52 Open Space-Rural—Provides for OHV uses with approval of OHV Permit or CUP LU-53 Open Space-Mineral—Provides for OHV uses with approval of OHV Permit or CUP LU-58 Commercial Tourist—Add Off highway vehicle to tourist-related uses. LU-59 Light Industrial—Provides for OHV uses with approval of OHV Permit or CUP. LU-61 Public Facilities—Add off highway vehicle facilities to list of allowed uses. AQ-31 AQ 17.1 Air Quality Element—Change off road to off highway vehicles. REMAP- REMAP Unique Features: San Bernardino Nat’l Forest/San Jacinto Wilderness—Change off road 28 7.2 to off highway vehicles. REMAP- REMAP REMAP:Noise Section—Change off road to off highway vehicle. 28 7.2 DCAP-39 DCAP Desert Center Plan:Local Open Space Policies—Change off road to off highway vehicle. 10.2

SUMMARY OF ORDINANCE 348 PROVISIONS The proposed amendment defines the conditions under which off-highway vehicle use will be allowed In the unincorporated areas of Riverside County. As proposed, staff has attempted to balance the demands of the OHV community with that of the rural property owners who seek respite from the many problems attributed to OHV riding activity. The amendment provides for the continued public health, safety, repose, and comfort of the residents of Riverside County by providing development and siting standards for OHV use within appropriate zones. The table below summarizes the provisions found in their entirety within Attachment B. In addition, staff has developed off-highway vehicle park design standards and guidelines to assist developers in creating environmentally sensitive, well designed, and well-managed off-highway vehicle parks. (Attachment E)

CATEGORY PROPOSED LANGUAGE Definitions Defines the terms utilized within the section. Precise definitions assist Code Enforcement in interpreting intent. Allowed Zones R-R, W-2, M-R, M-R-A, M-SC, M-M and M-H only Type of Permit OHV Permit; May require an EA, If EA then optional public hearing, with full appeal process. If No EA required, standard set of conditions ( Attachment D) Development Standards Impacts Sets intent. OHV use to avoid viewshed areas, hillside areas, biologic, agricultural, archaeologic or paleontologic resources, habitat linkages, historic and cultural resources. Days of Operation OHV use permitted on Tuesday, Thursday, and Saturday only.

PC Staff Report: Page 3 of 51 Hours of Operation 8:00 am – 6:00 pm PST, or 8:00 am—7:00 pm DST Grading Activity Follow provisions of Ordinance 457 OHV Tracks Off-highway Vehicle Park Design Standards and Guidelines Habitat Areas No riding on parcels smaller than 2½ acs. OHV use limited to areas outside of defined Environmental Constraint areas. Air Quality Comply with all SCAQMD guidelines to suppress fugitive dust. Water Quality Comply with all RWQCB best management practices. Noise & Safety No PA systems; mufflers & spark arresters required, meet noise standards. Exclusions Farm, construction, government, property management, vehicles or golf carts. Setbacks To meet 65 dBA exterior noise level;l 50-ft from property line and 200-ft. from any residence on adjacent parcel Max. No. of OHV’s in operation 2½-10 ac, 2 OHV; 10-20 ac, 3 OHV; 20+ ac, 4 OHV; CUP for Addt’l. Revocation Sets forth rules and process for revocation of the OHV Permit. Trespass Highlights provisions of County Ordinance No. 529 Enforcement $1,000 for each violation

ISSUES OF POTENTIAL CONCERN: 1. Days & Hours of Operation 2. Setback requirements 3. Maximum number of OHV’s to be in operation at any one time 4. Impacts of OHV size on noise generation FURTHER PLANNING CONSIDERATIONS: The OHV Industry representatives have been meeting with members of the Riverside County Board of Supervisors and the Planning Director regarding the proposed draft amendment to Ordinance 348 to regulate Off-highway Vehicles. The industry representatives have requested additional time in order to fully review and critique the draft document, and have an additional noise demonstration. We feel that it is in everyone's best interest that all participants in the development of this ordinance language are afforded full opportunity to comment on the proposed draft.

In this regard we are recommending that the Planning Commission hearing scheduled for 5/25/2005 be continued without discussion until 7/06/2005.

RECOMMENDATIONS:

Continue without discussion until July 6, 2005.

CONCLUSIONS:

1. General Plan Amendment No. 745 will incorporate references to off-highway vehicle use in many land use categories. 2. Ordinance Amendment No. 348.4213 will establish minimum development standards and siting standards for off-highway vehicle usage in the unincorporated areas of Riverside County. 3. The public’s health, safety, and general welfare are protected through these amendments. 4. These amendments are clearly compatible with the present and future logical development of Riverside County. 5. These amendments will address an ongoing code enforcement issue. 6. The proposed amendments are consistent with all other applicable provisions of Ordinance No. 348, and the general plan. .

FINDINGS:

PC Staff Report: Page 4 of 51

1. The County will concurrently adopt Article XIXf of Ordinance No. 348 that will provide development and siting standards for off-highway vehicle usage.

2. The County will concurrently adopt off-highway vehicle park design standards and guidelines to assist developers in creating environmentally-sensitive, well-designed, and well-managed off-highway vehicle parks.

3. As a result of adoption of Article XIXf, and the Design Standards and Guidelines, each non-commercial and commercial use of off-highway vehicles will require a separate Off-highway Vehicle Permit or Conditional Use Permit.

4. Environmental impacts will be mitigated at the project permit level by requiring compliance with Article XIXf and/or Design Standards and Guidelines.