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HomeMy WebLinkAboutItem No. 2REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION FROM: WARREN MORELION, AICP PLANNING MANAGER DATE: MARCH 20, 2012 SUBJECT: AMENDMENT TO THE CITY OF LAKE ELSINORE MUNICIPAL CODE, TITLE 17 - ZONING, AMENDING CHAPTER 17.08 - DEFINITIONS, AND ADDING CHAPTER 17.86 - RMU RESIDENTIAL MIXED-USE DISTRICT AND CHAPTER 17.134 - CMU COMMERCIAL MIXED-USE DISTRICT. Background The City of Lake Elsinore adopted an update to its General Plan on December 13, 2011, that included mixed-use designations on various properties throughout the City. Because there are no existing zoning districts in the Lake Elsinore Municipal Code (LEMC) that adequately provide development standards for the mixed-use designations, Staff has prepared proposed new Chapters 17.86 "RMU Residential Mixed-Use District" and 17.134 "CMU Commercial Mixed Use District" for addition to the City's Municipal Code, Title 17 - Zoning. In addition, amendments to Chapter 17.08 - "Definitions" are proposed with revised land use definitions consistent with the proposed mixed use districts. The Downtown Master Plan area also contains mixed use designations by Master Plan District. The Downtown Code is currently under review in an effort to make the residential and commercial mixed uses (in its Detailed Land Use Matrix and Section 1.7 - Definitions) consistent with this proposed Amendment. Staff anticipates that a revision to the Downtown Master Plan will be brought to the Commission and Council at a future date. Project Description The intent of the mixed-use concept is to accommodate a development opportunity that offers a mix of land uses. In the Residential Mixed-Use Zoning District (RMU), PC March 20, 2012 Item No. 2 Page 1 of 40 RMU & CMU Zoning Code Amendments March 20, 2012 Page 2 of 3 residential uses of various types (e.g. apartments, condominiums, duplexes, triplexes, fourplexes, townhouses and live/work units) may be combined with neighborhood retail and service uses. In the Commercial Mixed-Use Zoning District (CMU), commercial uses may be combined with residential units in a compact, high quality, pedestrian- friendly, interactive pattern. Discussion & Analysis Table of Mixed Use Land Uses The RMU and CMU Zoning chapters both utilize the Table of Mixed Use Land Uses that identifies which land uses are permitted, permitted by conditional use permit, permitted by temporary use permit, or prohibited. This quick reference table enables a property owner to determine the highest and best use of his land under the mixed use zones. If a particular use has additional regulations or restrictions, they are referenced in the Table. (See Page 2 of Chapter 17.86 and Chapter 17.134.) Glossary / Definitions of Land Uses Both mixed-use chapters utilize the Glossary / Definitions of Land Uses that specifies and expands, in precise terms, the land uses within the Table of Mixed Use Land Uses. The Glossary / Definitions of Land Uses supersedes the existing definition of land uses in Chapter 17.08. Thus, an Amendment to Chapter 17.08 has been included with the proposed actions to amend the LEMC. Density Bonus Section 17.86.080 in the RMU District offers an increase in the maximum number of dwelling units should the developer provide certain amenities in his project. These amenities enhance and encourage the concept of mixed use, and promote "green" methods that reduce energy consumption. Environmental Determination The City certified a Recirculated Program Environmental Impact Report (RP-EIR) for the update to its General Plan. This proposed Amendment to the LEMC implements the General Plan update, with the appropriate zoning districts for development within the mixed-use designations. 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 the Amendment to the Lake Elsinore Municipal Code, Title 17 - Zoning, amending PC March 20, 2012 Item No. 2 Page 2 of 40 RMU & CMU Zoning Code Amendments March 20, 2012 Page 3 of 3 Chapter 17.08 - Definitions, and adding Chapter 17.86 - RMU Residential Mixed- Use District and Chapter 17.134 - CMU Commercial Mixed-Use District. Prepared by: Carole K. Donahoe, AICPO)__~ Project Planner Approved by: Warren Morelion, AICP Planning Manager vv Attachments 1. Resolution No. PC-2012-_ recommending that the City Council approve the Amendment to the Lake Elsinore Municipal Code, Title 17 - Zoning, amending Chapter 17.08 - Definitions, and adding Chapter 17.86 - RMU Residential Mixed-Use District and Chapter 17.134 - CMU Commercial Mixed-Use District. a. Exhibit'A': Chapter 17.86 RMU Residential Mixed-Use District b. Exhibit'B': Chapter 17.134 CMU Commercial Mixed-Use District c. Exhibit'C': Chapter 17.08 Definitions (amended) PC March 20, 2012 Item No. 2 Page 3 of 40 RESOLUTION NO. PC-2012- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING APPROVAL OF THE AMENDMENT TO THE CITY OF LAKE ELSINORE MUNICIPAL CODE, TITLE 17 - ZONING, AMENDING CHAPTER 17.08 - DEFINITIONS, AND ADDING CHAPTER 17.86 - RMU RESIDENTIAL MIXED-USE DISTRICT AND CHAPTER 17.134 - CMU COMMERCIAL MIXED-USE DISTRICT. WHEREAS, the City of Lake Elsinore adopted an update to its General Plan on December 13, 2011, that included mixed use designations on various properties in the City; and WHEREAS, no existing zoning district adequately provides development standards for the mixed use designations; 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 the Amendment 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 March 20, 2012 with respect to this item. 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 the proposed Amendment 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 Amendment to the LEMC: 1. The proposed Amendment will not be a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of PC March 20, 2012 Item No. 2 Page 4 of 40 PLANNING COMMISSION RESOLUTION NO. 2012- Page 2 of 4 the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed Amendment has been analyzed relative to its potential to have detrimental effects and conditions have been imposed to ensure that the health, safety and welfare of surrounding residents will be protected. The proposed Amendment will be beneficial to the public health, safety, comfort and welfare and will improve the property in the neighborhood and the City by allowing a variety of residential and commercial uses to be established in mixed use districts within the City. 2. The proposed Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. a. The proposed Amendment provides a Table of Uses that are permitted, permitted by conditional use permit, permitted by temporary use permit, or prohibited, thereby enabling a property owner to determine the highest and best use of his land if it is designated for residential mixed use or commercial mixed use. b. The proposed Amendment provides a Glossary / Definition of Land Use Terms that specifies each land use listed on the Table of Uses. C. The proposed Amendment provides detailed development standards where necessary to ensure that uses are compatible with adjacent properties and recognize its constraints in a mixed use environment d. The proposed Amendment provides a Matrix of development standards to assist the property owner with the design of his project. 3. The proposed 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 Amendment provides detailed development standards where necessary to ensure that uses are compatible with adjacent properties and recognize its constraints in a mixed use environment. 4. The proposed Amendment increases the number of potential dwelling units that may be developed on the sites. a. The mixed use designations were adopted specifically to encourage a combination of residential units within commercial projects, that are vibrant, pedestrian-friendly, urban centers. Density bonuses are available to increase the number of potential dwelling units on sites designated for residential mixed use. PC March 20, 2012 Item No. 2 Page 5 of 40 PLANNING COMMISSION RESOLUTION NO. 2012- Page 3 of 4 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 the Amendment to the City of Lake Elsinore Municipal Code, Title 17 - Zoning, amending Chapter 17.08 - Definitions, and adding Chapter 17.86 - RMU Residential Mixed-Use District and Chapter 17.134 - CMU Commercial Mixed-Use District, as shown in Exhibits 'A,' 'B' and 'C' attached. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this twentieth day of March 2012. Shelley Jordan, Chairperson City of Lake Elsinore Planning Commission ATTEST: Warren Morelion, AICP Planning Manager PC March 20, 2012 Item No. 2 Page 6 of 40 PLANNING COMMISSION RESOLUTION NO. 2012- Page 4 of 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, WARREN MORELION, Planning Manager 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 twentieth day of March 2012, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Warren Morelion, AICP Planning Manager PC March 20, 2012 Item No. 2 Page 7 of 40 EXHIBIT A Chapter 17.86 RMU RESIDENTIAL MIXED-USE DISTRICT Sections: 010 Purpose. 020 Table of Mixed Use Land Uses. 030 Glossary / Definitions of Mixed Use Land Uses. 035 Standards for Eating and Drinking Establishments and Sidewalk Cafes. 040 Net Lot Area per Dwelling Unit Minimums 050 Reserved 060 Density Bonus: Up to a Maximum 35 Dwellings per Acre 070 Parking in the RMU 080 Design Review in the RMU 090 Lake Elsinore Municipal Code References 100 Mixed Use Development Matrix 17.86.010 Purpose. The intent of the RMU District is to provide a development opportunity to combine both residential and neighborhood retail and service uses, preferably incorporated into a mixed-use project. The RMU District accommodates primarily medium to high density residential mixed-use developments, with limited commercial, institutional, office and service uses distributed in a manner compatible with the street environment and adjacent to residential areas. 17.86.020 Table of Land Uses and Glossary / Definitions. P = Permitted use. C = Use subject to a Conditional Use Permit. T = Temporary use permitted with a Temporary Use Permit. = Prohibited use in the zone. For properties within the Downtown Master Plan, Section 1.4 Detailed Land Use Matrix of the Downtown Code supersedes this Chapter. In the Downtown Master Plan, land uses are specific to the Garden District, Historic District, Cultural District and Waterfront District as defined by the Downtown Master Plan. PC March 20, 2012 Item No. 2 Page 8 of 40 TABLE OF MIXED USE LAND USES Page 1 of 2 P = Permitted C = Permitted with a CUP T = Temporary, permitted by TUP j = Prohibited Use RMU CMU Additional Re ulations Animal hospital C C Assembly use C C Automotive repair or service Bar, pub, cocktail lounge C Bed & breakfast P P Botanical garden P P Cardroom C Caretaker quarters P P Carwash C Catering service C C Check cashing service P Cigar lounge / Hookah bar C C Community center P P Da care facility C C Drive-thru for bank, food, pharmacy C Financial institution P P Food establishment P P Section 17.86.035 Fortunetellin C C Government building P P Gun and ammunition sales C Health, fitness or exercise club C P Home occupation P P Hotel C Housing, permanent: Apartment unit P P Boardinghouse P P Condominium C C Duplex, triplex, four- lex P P Row house/townhouse P P Kiosk for retail sales P Section 17.134.037 Libra P P Live/work unit P P Massage establishment C C Medical marijuana dispensary Chapter 17.156 Medical Office P P Mortuary C Museum C P Nightclub Open air market T T Personal service P P Professional office P P Park/playground P P Parkin facility P P Pawn shop P/C Pet sho P Recreation facility C C Residential care facility C C PC March 20, 2012 Item No. 2 Page 9 of 40 TABLE OF MIXED USE LAND USES Page 2 of 2 Use RMU CMU Additional Regulations Retail sale P P Street vendor / pushcart sales Studio / Workshop P P Swap Meet, Indoor P Swap Meet, Outdoor Tattoo C Theater C Thrift store P P Other uses that the Director of Community Development finds to be in accord with the purpose of this Chapter and having characteristics similar to those uses listed in this Table. P, C, T or l P, C, T or j PC March 20, 2012 Item No. 2 Page 10 of 40 Glossary / Definitions of Mixed Use Land Uses Page 1 of 6 Animal hospital. A place where animals or pets are given medical or surgical treatment, and where the boarding of the same animals is limited to short-term periods incidental to the hospital care. Apartment unit. One or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit not owned in fee simple. Assembly use. A meeting, recreational, or social facility of a private or non- profit organization primarily for use by a member or guests, including union halls, social clubs, fraternal organizations, and youth centers, and "Places of Religious Assembly or Institution" as defined in Section 17.08.160 (but not including schools as defined in Section 17.08.190). Automotive repair or service, including tire stores - A facility providing repair services to automobiles, trucks, or motorcycles, including the sale and mounting of tires. Bar. An establishment primarily serving alcoholic beverages by the drink to the general public, with the service of food incidental to the consumption of liquor. Includes pub, tavern, cocktail lounge. Bed & Breakfast residence. A home where one family or manager is in permanent residence and from two to six guest rooms are rented for overnight lodging. Meals may be provided for compensation subject to applicable County Health Department regulations, and no provision for cooking in any individual room is made. More than six guest rooms shall be considered a hotel. Boardinghouse. A building or portion thereof where sleeping facilities for three or more persons and meals are provided for compensation on a regular basis. Botanical garden or arboretum. A public or private facility for the demonstration and observation of the cultivation of flowers, fruits, vegetables, or ornamental plants. Cardroom. An establishment duly licensed pursuant to Chapter 5.44 of the Lake Elsinore Municipal Code containing tables and other similar conveniences for card playing and the playing of such games as may be permitted under the provisions of Section 330 of the Penal Code of the State of California. Caretaker quarters. A permanent residence that is provided as an accessory use to a non-residential use, used as a residence for a caretaker and family for security purposes, or to provide 24-hour monitoring of the site or any person or thing on the site. PC March 20, 2012 Item No. 2 Page 11 of 40 Glossary / Definitions of Mixed Use Land Uses Page 2 of 6 Car wash. A permanent, self-service or full service establishment that provides facilities for car washing. Catering service. A business that prepares food for consumption off-premises. Check cashing service. A place of business where one can cash a check for a fee. Cigar lounge. An establishment where patrons may purchase and smoke cigars, upon written clearance from the State of California Department of Health. Condominium. A building in which units are owned individually and the structure, common areas and facilities are owned by all the owners on a proportional basis, as generally described in Section 783 of the California Civil Code. Day care facility. A facility that provides non-medical care and supervision of minor children or elderly adults for periods of less than 24 hours; that does not qualify as a small or large family day care home; and that meets the licensing requirements of the State. Any establishment may provide child or adult day care as an accessory use that is not subject to additional permit requirements, provided that the establishment offers such service only to its customers or employees, and only during the period when the customers or employees are visiting or working in the establishment. Day care, large family. The use of a residential dwelling unit and the lot upon which it is located for the daytime care of seven to twelve children or elderly adults including any children or elderly adults who normally reside on the premises. Day care, small family. The use of a residential dwelling unit and the lot upon which it is located for the daytime care of six or fewer children or elderly adults including those who reside at the home. Duplex. A structure on a single residential lot of record containing two units for occupancy by two independent households. Each unit is totally separated from the other by an unpierced wall extending from ground to roof, or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell. Each unit contains its own cooking, sleeping and sanitary facilities and its own entrance. Financial institution. A facility offering financial services such as a bank, credit union, savings & loan, or finance company. PC March 20, 2012 Item No. 2 Page 12 of 40 Glossary / Definitions of Mixed Use Land Uses Page 3 of 6 Food establishments. The serving of food and beverages to patrons for compensation, including deli, sandwich, bakery (retail sales only), candy, coffee, ice cream, health food, cafe, restaurant. Fortunetelling. A business wherein the telling of fortunes, forecasting of future events, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, including but not limited to, clairvoyance, clairaudience, cartomancy, psychometry, phrenology, tea leaves, augury, astrology, palmistry, handwriting analysis, telepathy, card reading, crystal gazing or magic of any kind or nature. Government facility. Any facility owned and operated by City, county, State or federal governments, regardless of the use. Gun and ammunition sales. Any premises or portions thereof used for the sale, vending, dealing, exchange or transfer of firearms and ammunition. Health, fitness or exercise club. A facility, owned or operated by a corporation, association, person or persons, for a social, educational or recreational purpose, to which membership is required for participation. Home occupation. A use conducted entirely within a dwelling and carried on by the inhabitant(s) thereof, which use is clearly incidental and secondary to the use of the structure for residential purposes and which does not alter the character thereof. By its very nature and scope the use does not adversely affect the activities, enjoyment or property values of the neighborhood. Hookah bar. An establishment where patrons communally smoke flavored tobacco; upon written clearance from the State of California Departrment of Health. Hotel or Motel. A building or portion thereof, or a group of buildings, with access through a common entrance, lobby or hallway, to seven or more guestrooms that are designed and intended for paid overnight lodging on a short-term basis. The term "hotel" and "motel" may be used interchangeably. Housing, permanent. Includes apartments, condominiums, duplexes, triplexes, fourplexes, row houses, townhouses. Housing, temporary. A facility for transient occupancy, such as a hotel, or a bed & breakfast residence. Kiosk for retail sales. Any portable, non-motorized, non-wheeled, semi- permanent structure used for the sale of retail goods, food, and/or beverages, and licensed by the City. PC March 20, 2012 Item No. 2 Page 13 of 40 Glossary / Definitions of Mixed Use Land Uses Page 4 of 6 Library. A public, quasi-public or privately-owned facility that is open to the public for the primary use of literary, musical, artistic or reference materials. Live/Work unit. Buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work. Massage establishment. Any fixed place of business where any individual, firm, association, partnership, or corporation engages in, conducts, or permits massages or health treatments involving massage on the premises. Medical marijuana dispensary. A facility where medical marijuana is provided to a qualified patient, a person with an identification card, or to a qualified, primary caregiver, all of whom are defined in the California Health and Safety Code Sections 11362.5 and 11362.7 et.seq. as such sections may be amended from time to time. Medical Office. An establishment that provides medical services by medical professionals such as physicians, dentists, chiropractors, optometrists or other similar medical staff. Includes a clinic, medical or dental laboratory or pharmacy incidental to an office, dialysis center, outpatient surgicenter, or urgent care. In the mixed use zones, hours of operation limited to 7 a.m. until 10 p.m. Museum. A building serving as a repository for a collection of natural, scientific or literary curiosities or objects of interest, or works of art, arranged intended and designed to be used by the public for viewing. The sale of goods to the public as gifts may be included as an accessory use. Nightclub. A commercial establishment dispensing alcoholic beverages for consumption on the premises and in which dancing and musical entertainment ar permitted. Includes discotheques and dance halls. Open air market. An establishment for the sale of fresh agricultural produce and related products, and licensed by the City. Park. A non-commercial public outdoor recreational area that provides active or passive activities. Includes playgrounds. Parking facility. An open, paved or otherwise surfaced area, or a structure, used for the parking and storage of vehicles, for free or for compensation or to accommodate patrons, customers or clientele of a business. Pawn shop. An establishment that lends money at a specified rate of interest on articles of personal property left as security. Does not include gun sales unless a conditional use permit application is filed, reviewed, and approved by the Planning Commission. PC March 20, 2012 Item No. 2 Page 14 of 40 Glossary / Definitions of Mixed Use Land Uses Page 5 of 6 Personal service. An establishment that offers services to its customers by an act or useful labor, including a barbershop, beauty salon, day spa, manicure, tailor, dry cleaning, laundromat, small appliance repair (household, television, stereo system, computer), watch & jewelry repair, shoe repair, tax preparation, travel agency, employment agency, ticket agency, copy center, printing, automobile rental (office only), computer rental, cyber cafe, package, postal and mailbox service. Pet shop. An establishment engaged in the retail sale of animals, pet supplies or grooming, including exotic animals, which are defined as not commonly domesticated in the United States or are wild by nature. No boarding of animals are permitted. Pharmacy - An establishment where medications are dispensed by licensed pharmacists. Professional office. An office used by persons who provide services that require a state license or certificate, such as accountants, architects, planners, engineers, surveyors, geologists, lawyers, designers, real estate agents, investment brokers, title and escrow offices, business incubator, but does not include a veterinary office or kennel, nor any adult-oriented business. Recreation facility. An establishment that provides entertainment activities or services for a fee or admission charge, including a bowling alley, electronic game arcades, billiard rooms, miniature golf, indoor party center. Residential care facility. In accordance with Section 1502 of the Health and Safety Code, any family home, group care facility or similar establishment for 24- hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Retail sale. The selling of goods, wares or merchandise directly to the ultimate consumer or persons without a resale license. Establishments may include convenience mart, florist or flower shop, grocery, insurance, pharmacy, jewelry, apparel, gift, hobby, hardware, bookstore, stationery, art exhibit & gallery, sporting goods, bicycle and bicycle rental, toy, music store (including sale of instruments, records, tapes), vehicle parts (excluding repair and service), antiques. Street vendor. A portable, non-permanent, wheeled, movable facility for the sale of retail merchandise or food and beverages from a wagon or pushcart by a vendor with a valid City business license. PC March 20, 2012 Item No. 2 Page 15 of 40 Glossary / Definitions of Mixed Use Land Uses Page 6 of 6 Studio / Workshop. A studio facility for the arts, crafts, photography, music and music recording, dance, gymnastics, aerobics, yoga, marshal arts, cooking. Swap Meet. A building (indoor) or outdoor area in which stalls or sales areas are set aside, rented or otherwise provided, which are used by unrelated individuals to sell, trade, exchange, or place on consignment, or swap articles that are either new, homemade, homegrown, old, antique, or obsolete. Includes flea market or farmers' market. Tattoo. An establishment that provides body art designs and service, including body piercing, for its customers, provided that the business owner complies with all applicable requirements of the County Health Department, County Sheriff's Department, and conditions of approval that shall include age restriction, full screening of service operations, hours of operation, and measures to control loitering and traffic at the site. Theatre. A building or portion thereof for the showing of motion pictures, or for dramatic, dance, musical or other live performances. Thrift store. A for profit or nonprofit business that engages in the sale or resale of previously owned or used goods and merchandise. Wireless telecommunications facility. A facility that radiates or receives commercial cellular communications service and/or data radio signals to/from ground-mounted, building-mounted or structure-mounted poles, towers or antenna. PC March 20, 2012 Item No. 2 Page 16 of 40 EXHIBIT A 17.86.035 Standards for Eating and Drinking Establishments and Sidewalk Cafes. A. Eating and drinking establishments and sidewalk cafes may operate between the hours of 6:00 a.m. and 11:00 p.m. B. A sidewalk cafe within the public right-of-way may be permitted only in conjunction with and adjacent to a street level eating or drinking establishment. The cafe must maintain a clear path of travel free of obstructions that impede the flow of pedestrian traffic. C. No outdoor establishment shall operate musical instruments or sound reproduction devices unless a Conditional Use Permit is approved enabling and controlling such operation. D. The design of the outdoor seating areas, if applicable, shall be consistent with the main building to which it is attached, in materials, colors and amenities such as railings, light fixtures, canopies, and furniture. 17.86.040 Net lot area per dwelling unit minimums. A. For a residential project with no non-residential uses, the minimum net lot area required for each dwelling unit is 2,420 square feet, consistent with 18 dwelling units per acre. B. For a mixed use residential project, the minimum net lot area required for each dwelling unit is 1,815 square feet, consistent with 24 dwelling units per acre. C. To determine the maximum number of dwelling units allowed on an RMU property, divide the total net lot area by the required lot area for each unit. The resultant number shall be rounded down to the nearest whole number. 17.86.060 Density Bonus: Up to a maximum 35 dwellings per acre. A. As an incentive program to protect and enhance the environment, create valuable public amenities, and encourage improved public health, a density bonus of up to a maximum of 35 dwellings per acre in accordance with the City's Housing Element may be requested by those developers who design a project with eligible amenities or improvements. The City shall not be obligated to approve a density bonus solely because a project includes one or more eligible amenities or improvements. B. Eligible amenities or improvements include the provision of: 1) Affordable or Senior Housing units onsite, as specified in Chapter 17.58 Density Bonuses of the LEMC. 2) Public urban open space onsite (e.g., a public park or plaza) that benefits and is accessible to the surrounding PC March 20, 2012 Item No. 2 Page 17 of 40 EXHIBIT A neighborhood. The amenity shall include landscaping, outdoor furniture, and active or passive recreational features that contribute to the life of the community. The amenity shall be clearly defined and shall provide views into the public space. 3) Telecommuting Center/Business Incubator Center onsite, providing shared office equipment and staffing. 4) Green rooftops designed and landscaped to reduce energy consumption within the buildings while providing open space and recreational areas. Documentation must be provided that confirm roof construction supports the plantings, soil and retained water. Other Green Building techniques that advances the strategies and objectives of the Climate Action Plan beyond the minimum requirements of the project. 5) Childcare facilities provided onsite, as specified in Chapter 17.58 Density Bonuses of the LEMC. 6) Exceptional architecture that restores the historic significance of the neighborhood. 7) Project is located within 1,500 feet from a regular bus stop or rapid transit system stop, which is easily accessible from the project site. 8) Project site is located within a quarter mile from a public park or community center, or from a prescription pharmacy, which is easily accessible from the project site. 9) Project site is located within a half mile from public school grounds or facilities, or from a full-service grocery store, or from a medical clinic or hospital, which is easily accessible from the project site. 10) The project site is an aggregate of disparate parcels. C. CC&Rs shall be recorded on the property providing for ongoing maintenance of the amenities for the life of the project. 17.86.070 Parking in the RMU District A. No off-street parking is required for non-residential uses unless the use exceeds 3,000 square feet of gross floor area in which case one (1) off-street parking space is required for every 250 square feet beyond 3,000 square feet. In places of assembly, one (1) off- street parking space is required for every 21 square feet of floor area in accordance with Chapter 17.148 - Parking Requirements of the LEMC. B. Residential uses shall comply with Chapter 17.148, Parking Requirements. However, a request to reduce the number of required parking spaces may be made to the Planning Commission concurrent with a Design Review or Conditional Use Permit application, provided a Parking Study supports the finding that the PC March 20, 2012 Item No. 2 Page 18 of 40 EXHIBIT A number of parking spaces actually needed for a specific project is less than that required by Code. C. Tandem parking may be allowed for residential uses with the approval of the Director of Community Development. 17.86.080 Design Review in the RMU District A. No grading or building permit shall be issued for the development of a project in the RMU zone until the developer has filed an application for Design Review, or a Conditional Use Permit that includes a Design Review, reviewed by all City Departments and approved by the City Planning Commission. B. The Design Review approval shall expire after two years unless a building permit has been issued for the project, or the applicant has filed a request for a one-year extension of time prior to expiration. The applicant may file additional requests for one-year extensions of time, however, the expiration of a Design Review approval shall not be extended beyond a total of three (3) additional years. All requests for extension are subject to review and approval by the Director of Community Development. C. A Design Review that accompanies a Conditional Use Permit is subject to the same limitations as the Conditional Use Permit, in accordance with Section 17.86.080.D. D. A Conditional Use Permit approval shall lapse and become void after one year unless a building permit has been issued for the project and construction has commenced and diligently pursued toward completion, in accordance with Chapter 17.168 of the LEMC. E. Any alteration or modification of an approved project or its conditions of approval shall require the written request by the applicant and written approval by the Director of Community Development. F. If a non-residential use is proposed within a building, its floor area shall comprise no more than 20-30% of the total building square footage. If a non-residential use is proposed on the same site as the residential project, its footprint shall comprise no more than 20- 30% of the total acreage on the parcel. 17.86.090 Lake Elsinore Municipal Code References. Where this chapter is silent, the following chapters or portions thereof in the LEMC shall apply: 1. Definitions Ch 17.08 2. Residential Development Standards Ch 17.44 3. Home Occupation Regulations Ch 17.48 4. Condominiums & Condominium Conversions Ch 17.88 5. Non-Residential Standards Ch 17.112 PC March 20, 2012 Item No. 2 Page 19 of 40 EXHIBIT A 17.86.100 5. Parking Requirements Ch 17,148 6. Medical Marijuana Dispensaries Ch 17,156 7. Nonconforming Uses Ch 17,164 8. Conditional Use Permits Ch 17,168 9. Variances Ch 17,172 10. Noise Control Ch 17,176 11. Administration-Planning Commission & City Council Ch 17.180 12. Design Review Ch 17.184 13. Amendments Ch 17.188 14. Hearings Ch 17.192 15. Signs-Advertising Structures Ch 17.196 16. Temporary Uses Ch 17.200 Mixed Use Development Matrix PC March 20, 2012 Item No. 2 Page 20 of 40 Y Y - Y N I a 0 0 0 p ~ I C C L i U a cu a W N N N .O a aj co c ` c 7 C L $ w C w Y n N O O O o _ a) V 01 61 p (D C C . N .C N V N N 3 C C a) 7 C N N N a a 0 o a) a a) o C 3 U p p Cl 0 0 rn O :2 12 3 'a) a o O _ O C O C (0 C U ¢ N O (D O O p O w CM C 01 O a) N O m a) N LL' w N O OR -U 'y C m N N r Y Y 2 U) C r U) A a ~ co ` m o m 3 m 3 o o rn o - - a ~l o C ) 4 2 aa) - Co N (4 J J U) (D N N 2 LL (D ~ 0) o U a) o (4 c o c o z (4 (i u _ ~ C L U) z a C - 0 a~ U - U > co m a LO d ~ Lr) as m v o g d v t o 0) n o 0 0 o U I Z ~ Z ~ uj U 0 O J _ C N C 3 Y C, W ao o O O p O U o r` z ~ z d O i i y x L LL C C N _ a ° r - x w O d a) a7 CO N (0 LL N c fn " . O Co ri C o tf a) O a N O N U (a C m p N Y r * LL' N C N C V1 Co ~ d L ~ C ~ a (D O a) O. m co X (1) (1) J (D co N J 0 i d U 0 0 (4 U) 2 0_ (4 t 0 PC March 20, 2012 Item No. 2 Page 21 of 40 EXHIBIT B Chapter 17.134 CMU COMMERCIAL MIXED-USE DISTRICT Sections: 010 Purpose. 020 Table of Mixed Use Land Uses. 030 Glossary / Definitions of Mixed Use Land Uses. 035 Standards for Eating and Drinking Establishments and Sidewalk Cafes. 037 Standards for Kiosk Retail Sales 040 Net Lot Area per Dwelling Unit Minimums 050 Reserved 060 Reserved 070 Parking in the CMU 080 Design Review in the CMU 090 Lake Elsinore Municipal Code References 100 Mixed Use Development Matrix 17.134.010 Purpose. The intent of the CMU District is to accommodate a development opportunity that offers a mix of land uses in a compact, high quality, pedestrian- friendly, interactive pattern. Commercial mixed-use districts are characterized by interconnected streets, wide sidewalks, outdoor public spaces and activities. . 17.134.020 Table of Land Uses and Glossary / Definitions. P = Permitted use. C = Use subject to a Conditional Use Permit. T = Temporary use permitted with a Temporary Use Permit. J = Prohibited use in the zone. For properties within the Downtown Master Plan, Section 1.4 Detailed Land Use Matrix of the Downtown Code supersedes this Chapter. In the Downtown Master Plan, land uses are specific to the Garden District, Historic District, Cultural District and Waterfront District as defined by the Downtown Master Plan. PC March 20, 2012 Item No. 2 Page 22 of 40 TABLE OF MIXED USE LAND USES Page 1 of 2 P = Permitted C = Permitted with a CUP T = Temporary, permitted by TUP = Prohibited Use RMU CMU Additional Regulations Animal hospital C C Assembly use C C Automotive repair or service Bar, pub, cocktail lounge C Bed & breakfast P P Botanical garden P P Cardroom C Caretaker quarters P P Carwash C Catering service C C Check cashing service P Cigar lounge / Hookah bar C C Community center P P Da care facility C C Drive-thru for bank, food, pharmacy C Financial institution P P Food establishment P P Section 17.86.035 Fortunetellin C C Government building P P Gun and ammunition sales C Health, fitness or exercise club C P Home occupation P P Hotel C Housing, permanent: Apartment unit P P Boardinghouse P P Condominium C C Duplex, triplex, four- lex P P Row house/townhouse P - P Kiosk for retail sales ff P Section 17.134.037 Libra P P Live/work unit P P Massage establishment C C Medical marijuana dispensary Chapter 17.156 Medical Office P P Mortuary Museum C P Nightclub O en air market T T Personal service P P Professional office P P Park/playground P P Parkin facility P P Pawnshop P/C Pet sho P Recreation facility C C Residential care facility C C PC March 20, 2012 Item No. 2 Page 23 of 40 TABLE OF MIXED USE LAND USES Page 2 of 2 Use RMU CMU Additional Regulations Retail sale P P Street vendor/ pushcart sales Studio / Workshop P P Swap Meet, Indoor P Swap Meet, Outdoor Tattoo C Theater C Thrift store P P Other uses that the Director of Community Development finds to be in accord with the purpose of this Chapter and having characteristics similar to those uses listed in this Table. P, C, T or N P, C, T or j PC March 20, 2012 Item No. 2 Page 24 of 40 Glossary / Definitions of Mixed Use Land Uses Page 1 of 6 Animal hospital. A place where animals or pets are given medical or surgical treatment, and where the boarding of the same animals is limited to short-term periods incidental to the hospital care. Apartment unit. One or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit not owned in fee simple. Assembly use. A meeting, recreational, or social facility of a private or non- profit organization primarily for use by a member or guests, including union halls, social clubs, fraternal organizations, and youth centers, and "Places of Religious Assembly or Institution" as defined in Section 17.08.160 (but not including schools as defined in Section 17.08.190). Automotive repair or service, including tire stores - A facility providing repair services to automobiles, trucks, or motorcycles, including the sale and mounting of tires. Bar. An establishment primarily serving alcoholic beverages by the drink to the general public, with the service of food incidental to the consumption of liquor. Includes pub, tavern, cocktail lounge. Bed & Breakfast residence. A home where one family or manager is in permanent residence and from two to six guest rooms are rented for overnight lodging. Meals may be provided for compensation subject to applicable County Health Department regulations, and no provision for cooking in any individual room is made. More than six guest rooms shall be considered a hotel. Boardinghouse. A building or portion thereof where sleeping facilities for three or more persons and meals are provided for compensation on a regular basis. Botanical garden or arboretum. A public or private facility for the demonstration and observation of the cultivation of flowers, fruits, vegetables, or ornamental plants. Cardroom. An establishment duly licensed pursuant to Chapter 5.44 of the Lake Elsinore Municipal Code containing tables and other similar conveniences for card playing and the playing of such games as may be permitted under the provisions of Section 330 of the Penal Code of the State of California. Caretaker quarters. A permanent residence that is provided as an accessory use to a non-residential use, used as a residence for a caretaker and family for security purposes, or to provide 24-hour monitoring of the site or any person or thing on the site. PC March 20, 2012 Item No. 2 Page 25 of 40 Glossary / Definitions of Mixed Use Land Uses Page 2 of 6 Car wash. A permanent, self-service or full service establishment that provides facilities for car washing. Catering service. A business that prepares food for consumption off-premises. Check cashing service. A place of business where one can cash a check for a fee. Cigar lounge. An establishment where patrons may purchase and smoke cigars, upon written clearance from the State of California Department of Health. Condominium. A building in which units are owned individually and the structure, common areas and facilities are owned by all the owners on a proportional basis, as generally described in Section 783 of the California Civil Code. Day care facility. A facility that provides non-medical care and supervision of minor children or elderly adults for periods of less than 24 hours; that does not qualify as a small or large family day care home; and that meets the licensing requirements of the State. Any establishment may provide child or adult day care as an accessory use that is not subject to additional permit requirements, provided that the establishment offers such service only to its customers or employees, and only during the period when the customers or employees are visiting or working in the establishment. Day care, large family. The use of a residential dwelling unit and the lot upon which it is located for the daytime care of seven to twelve children or elderly adults including any children or elderly adults who normally reside on the premises. Day care, small family. The use of a residential dwelling unit and the lot upon which it is located for the daytime care of six or fewer children or elderly adults including those who reside at the home. Duplex. A structure on a single residential lot of record containing two units for occupancy by two independent households. Each unit is totally separated from the other by an unpierced wall extending from ground to roof, or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell. Each unit contains its own cooking, sleeping and sanitary facilities and its own entrance. Financial institution. A facility offering financial services such as a bank, credit union, savings & loan, or finance company. PC March 20, 2012 Item No. 2 Page 26 of 40 Glossary / Definitions of Mixed Use Land Uses Page 3 of 6 Food establishments. The serving of food and beverages to patrons for compensation, including deli, sandwich, bakery (retail sales only), candy, coffee, ice cream, health food, cafe, restaurant. Fortunetelling. A business wherein the telling of fortunes, forecasting of future events, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, including but not limited to, clairvoyance, clairaudience, cartomancy, psychometry, phrenology, tea leaves, augury, astrology, palmistry, handwriting analysis, telepathy, card reading, crystal gazing or magic of any kind or nature. Government facility. Any facility owned and operated by City, county, State or federal governments, regardless of the use. Gun and ammunition sales. Any premises or portions thereof used for the sale, vending, dealing, exchange or transfer of firearms and ammunition. Health, fitness or exercise club. A facility, owned or operated by a corporation, association, person or persons, for a social, educational or recreational purpose, to which membership is required for participation. Home occupation. A use conducted entirely within a dwelling and carried on by the inhabitant(s) thereof, which use is clearly incidental and secondary to the use of the structure for residential purposes and which does not alter the character thereof. By its very nature and scope the use does not adversely affect the activities, enjoyment or property values of the neighborhood. Hookah bar. An establishment where patrons communally smoke flavored tobacco, upon written clearance from the State of California Departrment of Health. Hotel or Motel. A building or portion thereof, or a group of buildings, with access through a common entrance, lobby or hallway, to seven or more guestrooms that are designed and intended for paid overnight lodging on a short-term basis. The term "hotel" and "motel" may be used interchangeably. Housing, permanent. Includes apartments, condominiums, duplexes, triplexes, fourplexes, row houses, townhouses. Housing, temporary. A facility for transient occupancy, such as a hotel, or a bed & breakfast residence. Kiosk for retail sales. Any portable, non-motorized, non-wheeled, semi- permanent structure used for the sale of retail goods, food, and/or beverages, and licensed by the City. PC March 20, 2012 Item No. 2 Page 27 of 40 Glossary / Definitions of Mixed Use Land Uses Page 4 of 6 Library. A public, quasi-public or privately-owned facility that is open to the public for the primary use of literary, musical, artistic or reference materials. Live/Work unit. Buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work. Massage establishment. Any fixed place of business where any individual, firm, association, partnership, or corporation engages in, conducts, or permits massages or health treatments involving massage on the premises. Medical marijuana dispensary. A facility where medical marijuana is provided to a qualified patient, a person with an identification card, or to a qualified, primary caregiver, all of whom are defined in the California Health and Safety Code Sections 11362.5 and 11362.7 et.seq. as such sections may be amended from time to time. Medical Office. An establishment that provides medical services by medical professionals such as physicians, dentists, chiropractors, optometrists or other similar medical staff. Includes a clinic, medical or dental laboratory or pharmacy incidental to an office, dialysis center, outpatient surgicenter, or urgent care. In the mixed use zones, hours of operation limited to 7 a.m. until 10 p.m. Museum. A building serving as a repository for a collection of natural, scientific or literary curiosities or objects of interest, or works of art, arranged intended and designed to be used by the public for viewing. The sale of goods to the public as gifts may be included as an accessory use. Nightclub. A commercial establishment dispensing alcoholic beverages for consumption on the premises and in which dancing and musical entertainment ar permitted. Includes discotheques and dance halls. Open air market. An establishment for the sale of fresh agricultural produce and related products, and licensed by the City. Park. A non-commercial public outdoor recreational area that provides active or passive activities. Includes playgrounds. Parking facility. An open, paved or otherwise surfaced area, or a structure, used for the parking and storage of vehicles, for free or for compensation or to accommodate patrons, customers or clientele of a business. Pawn shop. An establishment that lends money at a specified rate of interest on articles of personal property left as security. Does not include gun sales unless a conditional use permit application is filed, reviewed, and approved by the Planning Commission. PC March 20, 2012 Item No. 2 Page 28 of 40 Glossary / Definitions of Mixed Use Land Uses Page 5 of 6 Personal service. An establishment that offers services to its customers by an act or useful labor, including a barbershop, beauty salon, day spa, manicure, tailor, dry cleaning, laundromat, small appliance repair (household, television, stereo system, computer), watch & jewelry repair, shoe repair, tax preparation, travel agency, employment agency, ticket agency, copy center, printing, automobile rental (office only), computer rental, cyber cafe, package, postal and mailbox service. Pet shop. An establishment engaged in the retail sale of animals, pet supplies or grooming, including exotic animals, which are defined as not commonly domesticated in the United States or are wild by nature. No boarding of animals are permitted. Pharmacy -An establishment where medications are dispensed by licensed pharmacists. Professional office. An office used by persons who provide services that require a state license or certificate, such as accountants, architects, planners, engineers, surveyors, geologists, lawyers, designers, real estate agents, investment brokers, title and escrow offices, business incubator, but does not include a veterinary office or kennel, nor any adult-oriented business. Recreation facility. An establishment that provides entertainment activities or services for a fee or admission charge, including a bowling alley, electronic game arcades, billiard rooms, miniature golf, indoor party center. Residential care facility. In accordance with Section 1502 of the Health and Safety Code, any family home, group care facility or similar establishment for 24- hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Retail sale. The selling of goods, wares or merchandise directly to the ultimate consumer or persons without a resale license. Establishments may include convenience mart, florist or flower shop, grocery, insurance, pharmacy, jewelry, apparel, gift, hobby, hardware, bookstore, stationery, art exhibit & gallery, sporting goods, bicycle and bicycle rental, toy, music store (including sale of instruments, records, tapes), vehicle parts (excluding repair and service), antiques. Street vendor. A portable, non-permanent, wheeled, movable facility for the sale of retail merchandise or food and beverages from a wagon or pushcart by a vendor with a valid City business license. PC March 20, 2012 Item No. 2 Page 29 of 40 Glossary / Definitions of Mixed Use Land Uses Page 6 of 6 Studio / Workshop. A studio facility for the arts, crafts, photography, music and music recording, dance, gymnastics, aerobics, yoga, marshal arts, cooking. Swap Meet. A building (indoor) or outdoor area in which stalls or sales areas are set aside, rented or otherwise provided, which are used by unrelated individuals to sell, trade, exchange, or place on consignment, or swap articles that are either new, homemade, homegrown, old, antique, or obsolete. Includes flea market or farmers' market. Tattoo. An establishment that provides body art designs and service, including body piercing, for its customers, provided that the business owner complies with all applicable requirements of the County Health Department, County Sheriffs Department, and conditions of approval that shall include age restriction, full screening of service operations, hours of operation, and measures to control loitering and traffic at the site. Theatre. A building or portion thereof for the showing of motion pictures, or for dramatic, dance, musical or other live performances. Thrift store. A for profit or nonprofit business that engages in the sale or resale of previously owned or used goods and merchandise. Wireless telecommunications facility. A facility that radiates or receives commercial cellular communications service and/or data radio signals to/from ground-mounted, building-mounted or structure-mounted poles, towers or antenna. PC March 20, 2012 Item No. 2 Page 30 of 40 EXHIBIT B 17.134.035 Standards for Eating and Drinking Establishments and Sidewalk Cafes. A. Eating and drinking establishments and sidewalk cafes may operate between the hours of 6:00 a.m. and 11:00 p.m. B. A sidewalk cafe within the public right-of-way may be permitted only in conjunction with and adjacent to a street level eating or drinking establishment. The cafe must maintain a clear path of travel free of obstructions that impede the flow of pedestrian traffic. C. No outdoor establishment shall operate musical instruments or sound reproduction devices unless a Conditional Use Permit is approved enabling and controlling such operation. D. The design of the outdoor seating areas, if applicable, shall be consistent with the main building to which it is attached, in materials, colors and amenities such as railings, light fixtures, canopies, and furniture. 17.134.037 Standards for Kiosk retail sales A. A kiosk may be permitted on private property within a defined plaza area and between buildings that are part of a professional office, commercial or mixed-use development. B. A kiosk generally should not exceed five (5) feet in width, nine (9) feet in length, and no more than six (6) feet in height excluding canopies, umbrellas or transparent enclosures. Deviations in size may be approved by the Director of Community Development on a case-by-case basis upon consideration of the uniqueness of the site or user circumstances. C. The kiosk shall not obstruct access to or occupy a parking space, obstruct access to a parked vehicle, impede the delivery of materials to adjoining property, interfere with access to public property or any adjoining property, or interfere with maintenance or use of street furniture. D. The number of employees per individual kiosk shall be limited to two persons at any one time. E. All kiosks shall be self-contained or located on a site that has been specifically designed to provide water, waste and power to operate the kiosk. No exposed pipes or wires are permitted. F. The design, color scheme and signage of the kiosk shall be appropriate to its location. G. All packaging containers or boxes shall be stored within the kiosk. H. The sale of alcoholic beverages shall be prohibited. 1. The kiosk owner shall have a valid City business license. PC March 20, 2012 Item No. 2 Page 31 of 40 EXHIBIT B 17.134.040 Net lot area per dwelling unit minimums. A. For a project with residential uses, the minimum net lot area required for each dwelling unit is 2,420 square feet, consistent with 18 dwelling units per acre. B. To determine the maximum number of dwelling units allowed on ar RMU property, divide the total net lot area by the required lot area for each unit. The resultant number shall be rounded down to the nearest whole number. 17.134.070 Parking in the CMU District A. No off-street parking is required for non-residential uses unless the use exceeds 3,000 square feet of gross floor area in which case one (1) off-street parking space is required for every 250 square feet beyond 3,000 square feet. In places of assembly, one (1) off- street parking space is required for every 21 square feet of floor area in accordance with Chapter 17.148 - Parking Requirements of the LEMC. B. Residential uses shall comply with Chapter 17.148, Parking Requirements. However, a request to reduce the number of required parking spaces may be made to the Planning Commission concurrent with a Design Review or Conditional Use Permit application, provided a Parking Study supports the finding that the number of parking spaces actually needed for a specific project is less than that required by Code. C. Tandem parking may be allowed for residential uses with the approval of the Director of Community Development. 17.134.080 Design Review in the CMU District A. No grading or building permit shall be issued for the development of a project in the RMU zone until the developer has filed an application for Design Review, or a Conditional Use Permit that includes a Design Review, reviewed by all City Departments and approved by the City Planning Commission. B. The Design Review approval shall expire after two years unless a building permit has been issued for the project, or the applicant has filed a request for a one-year extension of time prior to expiration. The applicant may file additional requests for one-year extensions of time, however, the expiration of a Design Review approval shall not be extended beyond a total of three (3) additional years. All requests for extension are subject to review and approval by the Director of Community Development. PC March 20, 2012 Item No. 2 Page 32 of 40 EXHIBIT B C. A Design Review that accompanies a Conditional Use Permit is subject to the same limitations as the Conditional Use Permit, in accordance with Section 17.134.080.D. D. Conditional Use Permit approval shall lapse and become void after one year unless a building permit has been issued for the project and construction has commenced and diligently pursued toward completion, in accordance with Chapter 17.168 of the LEMC. E. Any alteration or modification of an approved project or its conditions of approval shall require the written request by the applicant and written approval by the Director of Community Development. F. Fifty percent (50%) or more of the project's gross floor area shall be devoted to commercial uses within the CMU zone. G. Access to residential units shall be provided separately from commercial uses, in an enclosed and locked foyer. Buildings requiring an elevator access to residential units, shall provide the elevator in a locked foyer on the ground floor. H. Adequate internal and external lighting shall be provided for security purposes. Lighting shall be energy efficient, stationary, downcast, and deflected away from residential units, adjacent properties and public-rights-of-way. A lighting plan shall accompany the Design Review or Conditional Use Permit application to ensure that no light conflicts with adjacent residential uses, and that safety is addressed in all areas of the project. 17.134.090 Lake Elsinore Municipal Code References. Where this chapter is silent, the following chapters or portions thereof in the LEMC shall apply: 1. Definitions 2. Home Occupation Regulations 4. Condominiums & Condominium Conversions 5. Non-Residential Standards 5. Parking Requirements 6. Medical Marijuana Dispensaries 7. Nonconforming Uses 8. Conditional Use Permits 9. Variances 10. Noise Control 11. Administration-Planning Commission & City Council 12. Design Review 13. Amendments 14. Hearings 15. Signs-Advertising Structures 16. Temporary Uses 17.134.100 Mixed Use Development Matrix Ch 17.08 Ch 17.48 Ch 17.88 Ch 17.112 Ch 17,148 Ch 17,156 Ch 17,164 Ch 17,168 Ch 17,172 Ch 17,176 Ch 17.180 Ch 17.184 Ch 17.188 Ch 17.192 Ch 17.196 Ch 17.200 PC March 20, 2012 Item No. 2 Page 33 of 40 C C N Y Y N i W Q N Q U ' O 0 N I ' C O C i - i - 1 I _ C C = ! ~ Y O c E N p W N N E O N n v a c v w rn CM a C C F Y E (o m - Q ~ O N Y N N W O O N C O 0 N if ~ N 0_ O) 01 N CD O 0 d U 2 ! 3 C C_ N Cl) N C o j 01 O p a p r-~ a) v` E `0 C 3 j U 0 0 0 0 Q N a a) N O U mo ' 0 Q ~ c ( o 3 C U Co m ~ , 0 0 0 0 o w m N OR ~ ` t~ w -0 c of o ~ r- 3 3 2 w a) r,~ U- ) -o v Y Y ° c M 3 3 m °6 °o m 0 m - (a i 0 N 2 U Y Cu O) 6 N (n J J a ~ (n (6 t N N a) ~ EL U) c c 4) z (n 0 ii i° 4- a > u) z p Cu o E _ Q 0 0 v ~ m ~ ' (0 a m a (p a Lr) M a M # ~ ro v N .2 g n r o ~ Q D 0 Z p p o Z U _ _ U O O J N 3 C V N C O N w C) W , OD O p C O D U O r Z Z N O F. X N LL C ` N O N w X w 0 a) cc U) E LL CO U) _ Z. O co C C N O -0 N O Z` N U l6 C m C C O N Of C C m Y 0 N _ N p- N N N w a) a) Q 0) a) Cu J (n (n 2 a J U) L y PC March 20, 2012 Item No. 2 Page 34 of 40 EXHIBIT C The following definitions are amended and restated or added to Chapter 17.08 of the Lake Elsinore Municipal Code as follows: 17.080.010 A definitions. "Assembly Use" A meeting, recreational, or social facility of a private or non- profit organization primarily for use by a member or guests, including union halls, social clubs, fraternal organizations, and youth centers, and "Places of Religious Assembly or Institution" as defined in Section 17.08.160 (but not including schools as defined in Section 17.08.190). "Automotive repair or service, including tire stores" A facility providing repair services to automobiles, trucks, or motorcycles, including the sale and mounting of tires. 17.080.020 B definitions. "Bar" An establishment primarily serving alcoholic beverages by the drink to the general public, with the service of food incidental to the consumption of liquor. Includes pub, tavern, cocktail lounge. "Bed & Breakfast residence" A home where one family or manager is in permanent residence and from two to six guest rooms are rented for overnight lodging. Meals may be provided for compensation subject to applicable County Health Department regulations, and no provision for cooking in any individual room is made. More than six guest rooms shall be considered a hotel. "Boardinghouse" A building or portion thereof where sleeping facilities for three or more persons and meals are provided for compensation on a regular basis. "Botanical garden or arboretum" A public or private facility for the demonstration and observation of the cultivation of flowers, fruits, vegetables, or ornamental plants. 17.08.030 C definitions. "Cardroom" An establishment duly licensed pursuant to Chapter 5.44 of the Lake Elsinore Municipal Code containing tables and other similar conveniences for card playing and the playing of such games as may be permitted under the provisions of Section 330 of the Penal Code of the State of California. "Caretaker quarters" A permanent residence that is provided as an accessory use to a non-residential use, used as a residence for a caretaker household for security purposes, or to provide 24-hour monitoring of the site or any person or thing on the site. "Car wash" A permanent, self-service or full service establishment that provides facilities for car washing. "Catering service" A business that prepares food for consumption off-premises. PC March 20, 2012 Item No. 2 Page 35 of 40 EXHIBIT C "Check cashing service" A place of business where one can cash a check for a fee. "Cigar lounge" An establishment where patrons may purchase and smoke cigars, upon written clearance from the State of California Department of Health. 17.08.040 D definitions. "Day care facility" A facility that provides non-medical care and supervision of minor children or elderly adults for periods of less than 24 hours; that does not qualify as a small or large family day care home; and that meets the licensing requirements of the State. Any establishment may provide child or adult day care as an accessory use that is not subject to additional permit requirements, provided that the establishment offers such service only to its customers or employees, and only during the period when the customers or employees are visiting or working in the establishment. "Day care, large family" The use of a residential dwelling unit and the lot upon which it is located for the daytime care of seven to twelve children or elderly adults including any children or elderly adults who normally reside on the premises. "Day care, small family" The use of a residential dwelling unit and the lot upon which it is located for the daytime care of six or fewer children or elderly adults including those who reside at the home. "Duplex" A structure on a single residential lot of record containing two units for occupancy by two independent households. Each unit is totally separated from the other by an unpierced wall extending from ground to roof, or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell. Each unit contains its own cooking, sleeping and sanitary facilities and its own entrance. 17.08.060 F definitions. "Financial institution" A facility offering financial services such as a bank, credit union, savings & loan, or finance company. "Food establishments" The serving of food and beverages to patrons for compensation, including deli, sandwich, bakery (retail sales only), candy, coffee, ice cream, health food, cafe, restaurant. "Fortunetelling" A business wherein the telling of fortunes, forecasting of future events, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, including but not limited to, clairvoyance, clairaudience, cartomancy, psychometry, phrenology, tea leaves, augury, astrology, palmistry, handwriting analysis, telepathy, card reading, crystal gazing or magic of any kind or nature. -2- PC March 20, 2012 Item No. 2 Page 36 of 40 EXHIBIT C 17.08.070 G definitions. "Government facility" Any facility owned and operated by City, county, State or federal governments, regardless of the use. "Gun and ammunition sales" Any premises or portions thereof used for the sale, vending, dealing, exchange or transfer of firearms and ammunition. 17.08.080 H definitions. "Health Fitness or Exercise Club" A facility, owned or operated by a corporation, association, person or persons, for a recreational purpose, to which membership is required for participation. "Home occupation" A use conducted entirely within a dwelling and carried on by the inhabitant(s) thereof, which use is clearly incidental and secondary to the use of the structure for residential purposes and which does not alter the character thereof. By its very nature and scope the use does not adversely affect the activities, enjoyment or property values of the neighborhood. "Hookah bar" An establishment where patrons communally smoke flavored tobacco, upon written clearance from the State of California Departrment of Health. "Hotel or Motel" A building or portion thereof, or a group of buildings, with access through a common entrance, lobby or hallway, to seven or more guestrooms that are designed and intended for paid overnight lodging on a short-term basis. The term "hotel" and "motel" may be used interchangeably. "Housing, permanent" Includes apartments, condominiums, duplexes, triplexes, fourplexes, row houses, townhouses. "Housing, temporary" A facility for transient occupancy, such as a hotel, or a bed & breakfast residence. 17.08.090 1 definitions. "Institutional use" means a non-profit or quasi-public use or institution, such as a library, public or private school, hospital, or municipally owned or operated building, structure or land, used for public purpose. 17.08.110 K definitions. "Kiosk for retail sales" Any portable, non-motorized, non-wheeled, semi- permanent structure used for the sale of retail goods, food, and/or beverages, and licensed by the City. -3- PC March 20, 2012 Item No. 2 Page 37 of 40 EXHIBIT C 17.08.120 L definitions. "Library" A public, quasi-public or privately-owned facility that is open to the public for the primary use of literary, musical, artistic or reference materials. "LivelWork unit" Buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work. 17.08.130 M definitions. "Massage establishment" Any fixed place of business where any individual, firm, association, partnership, or corporation engages in, conducts, or permits massages or health treatments involving massage on the premises. "Medical marijuana dispensary" A facility where medical marijuana is provided to a qualified patient, a person with an identification card, or to a qualified, primary caregiver, all of whom are defined in the California Health and Safety Code Sections 11362.5 and 11362.7 et.seq. as such sections may be amended from time to time. "Medical Office" An establishment that provides medical services by medical professionals such as physicians, dentists, chiropractors, optometrists or other similar medical staff. Includes a clinic, medical or dental laboratory or pharmacy incidental to an office, dialysis center, outpatient surgicenter, or urgent care. In the mixed use zones, hours of operation limited to 7 a.m. until 10 p.m. "Motel" See "Hotel or Motel" "Museum" A building serving as a repository for a collection of natural, scientific or literary curiosities or objects of interest, or works of art, arranged intended and designed to be used by the public for viewing. The sale of goods to the public as gifts may be included as an accessory use. 17.08.140 N definitions. "Nightclub" A commercial establishment dispensing alcoholic beverages for consumption on the premises and in which dancing and musical entertainment ar permitted. Includes discotheques and dance halls. 17.08.150 O definitions. "Open air market" An establishment for the sale of fresh agricultural produce and related products, and licensed by the City. 17.08.160 P definitions. "Park" A non-commercial public outdoor recreational area that provides active or passive activities. Includes playgrounds. -4- PC March 20, 2012 Item No. 2 Page 38 of 40 EXHIBIT C "Parking facility" An open, paved or otherwise surfaced area, or a structure, used for the parking and storage of vehicles, for free or for compensation or to accommodate patrons, customers or clientele of a business. "Pawn shop" An establishment that lends money at a specified rate of interest on articles of personal property left as security. Does not include gun sales unless a conditional use permit application is filed, reviewed, and approved by the Planning Commission. "Personal service" An establishment that offers services to its customers by an act or useful labor, including a barbershop, beauty salon, day spa, manicure, tailor, dry cleaning, Laundromat, small appliance repair (household, television, stereo system, computer), watch & jewelry repair, shoe repair, tax preparation, travel agency, employment agency, ticket agency, copy center, printing, automobile rental (office only), computer rental, cyber cafe, package, postal and mailbox service. "Pet shop" An establishment engaged in the retail sale of animals, pet supplies or grooming, including exotic animals, which are defined as not commonly domesticated in the United States or are wild by nature. No boarding of animals are permitted. "Pharmacy" An establishment where medications are dispensed by licensed pharmacists. "Professional office" An office used by persons who provide services that require a state license or certificate, such as accountants, architects, planners, engineers, surveyors, geologists, lawyers, designers, real estate agents, investment brokers, title and escrow offices, business incubator, but does not include a veterinary office or kennel, nor any adult-oriented business. 17.08.180 R definitions. "Recreation facility" An establishment that provides entertainment activities or services for a fee or admission charge, including a bowling alley, electronic game arcades, billiard rooms, miniature golf, indoor party center. "Residential care facility" In accordance with Section 1502 of the Health and Safety Code, any family home, group care facility or similar establishment for 24-hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. "Retail or "Retail sale" The selling of goods, wares or merchandise directly to the ultimate consumer or persons without a resale license. Establishments may include convenience mart, florist or flower shop, grocery, insurance, pharmacy, jewelry, apparel, gift, hobby, hardware, bookstore, stationery, art exhibit & gallery, sporting goods, bicycle and bicycle rental, toy, music store (including sale of instruments, records, tapes), vehicle parts (excluding repair and service), antiques. -5- PC March 20, 2012 Item No. 2 Page 39 of 40 EXHIBIT C 17.08.190 S definitions. "Street vendor" A portable, non-permanent, wheeled, movable facility for the sale of retail merchandise or food and beverages from a wagon or pushcart by a vendor with a valid City business license. "Studio / Workshop" A studio facility for the arts, crafts, photography, music and music recording, dance, gymnastics, aerobics, yoga, marshal arts, cooking. "Swap Meet" A building (indoor) or outdoor area in which stalls or sales areas are set aside, rented or otherwise provided, which are used by unrelated individuals to sell, trade, exchange, or place on consignment, or swap articles that are either new, homemade, homegrown, old, antique, or obsolete. Includes flea market or farmers' market. 17.08.200 T definitions. "Tattoo" An establishment that provides body art designs and service, including body piercing, for its customers, provided that the business owner complies with all applicable requirements of the County Health Department, County Sheriffs Department, and conditions of approval that shall include age restriction, full screening of service operations, hours of operation, and measures to control loitering and traffic at the site. "Theatre" A building or portion thereof for the showing of motion pictures, or for dramatic, dance, musical or other live performances. "Thrift store" A for profit or nonprofit business that engages in the sale or resale of previously owned or used goods and merchandise. 17.08.230 W definitions. "Wireless telecommunications facility" A facility that radiates or receives commercial cellular communications service and/or data radio signals to/from ground- mounted, building-mounted or structure-mounted poles, towers or antenna. -6- PC March 20, 2012 Item No. 2 Page 40 of 40