HomeMy WebLinkAboutSalvador Mendez letterCITY OF n~
LADE ILSIN IZL
DREAM E,XTUNIE
May 9, 2012
Mr. Salvador Mendez
gabym30@yahoo.com
Re: 16474 Lakeshore Drive (APNs: 378-301-005 & 021)
Dear Mr. Mendez:
The purpose of this letter is to reply to your inquiry concerning the property located at 16474
Lakeshore Drive and the ability to maintain the two existing buildings and develop the site with a
tire shop. I have reviewed the location of the property and determined that the storage building
at the rear of the site is a non-conforming structure, which does not currently meet Building
Code requirements. As a result, the structure may not be occupied in its current condition.
However, you have the option to either retrofit or reconstruct the existing accessory structure
prior to use of the structure. If you would like, staff can meet with you at either City Hall or at the
property to discuss the modifications necessary to bring the accessory building up to current
Building Code pertaining to construction and access.
The property is zoned Neighborhood Commercial (C-1). While the C-1 zone permits a range of
commercial uses that serve the day-to-day shopping needs of the local residents, it does not list
tire stores as a permitted or conditionally permitted use. However, Section 17.120.030.N of the
Lake Elsinore Municipal Code (LEMC) provides for other conditionally permitted uses the
Planning Commission finds in accord with the chapter and having similar characteristics similar
to the uses listed in the section. I would be happy to meet with you to discuss this process if you
would like. The list of allowed uses in the C-1 district is attached for your reference.
If you still wish to meet, or if you should have any questions regarding this matter, please
contact me at (951) 674-3124 ext 270.
n'k~_L
Warren Morelion, AICP
Acting Community Development Director
cc. City Council
Planning Commission
Richard Knapp
Tom Evans, Interim City Manager
Bill Belvin, Acting Building Official
951.674.3124
130 S. MAIN STREET
LAKE ELSINORE. CA 92530
WWW.LAKE-E LSI NOR WRG
i,naPter 1 i.IZU U-1 NEIGHBORHOOD COMMERCIAL DISTRICT
Chapter 17.120
C-1 NEIGHBORHOOD COMMERCIAL DISTRICT
Sections:
17.120.010
17.120.020
17.120.030
17.120.040
17.120.050
17.120.060
17.120.070
17.120.080
17.120.090
17.120.100
17.120.110
17.120.010 Pu
Purpose.
Permitted uses.
Uses subject to a conditional use permit
Site criteria.
Setbacks.
Building height.
Landscape improvements.
Parking.
Signs.
Design review.
Design standards.
rpose.
Page I of 5
The intent of the C-1 district is to provide locations for general retail and office uses which
offer the sale of goods and services to the general public and which, through
characteristics of their operation, serve primarily the day-to-day shopping needs of the
local residents. Whereas C-1 properties are expected to be located in closer proximity to
residential districts and on smaller City streets than the more intense commercial
designations, the C-1 district is not intended for those uses which because of size or
nature of operation generate vehicular or truck traffic beyond that normally associated
with a neighborhood use. [Ord. 772 § 17.44.010, 1986. Code 1987 § 17.44.0101.
17.120.020 Permitted uses.
Uses permitted in the C-1 district shall include those businesses listed below which
operate in compliance with the intent and standards of this district and are conducted
entirely within a completely enclosed building. Each business shall be evaluated in terms
of its operational characteristics and specific site location.
A. All permitted uses of the C-O district contained within LEMC 17.116.020.
B. Apparel stores.
C. Appliance stores.
D. Bicycle shops.
E. Food stores; including markets, bakeries, health food establishments, and candy
stores.
F. Florists.
G. General merchandise stores.
H. Hardware stores.
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Chapter 17.120 C-I NEIGHBORHOOD COMMERCIAL DISTRICT Page 2 of 5
1. Health and exercise clubs.
J. Hobby supply stores.
K. Jewelry stores.
L. Media shops; including bookstores, newsstands, and videotape outlets.
M. Music stores; including sales of instruments, records, and tapes.
N. Personal service establishments; including barber shops, beauty shops, dry cleaning
and tailors.
0. Pet shops; retail sales and grooming only. No boarding of animals.
P. Restaurants and eating places provided they comply with the requirements of Chapter
17.148 LEMC, Parking Requirements; but excluding drive-ins and drive-throughs.
Q. Schools for dance and music.
R. Service establishments; such as small appliance repair, watch and jewelry repair, and
shoe repair.
S. Sporting goods stores.
T. Toy shops.
U. Vehicle parts sales (new or rebuilt only); excluding repair and service.
V. Other uses that the Community Development Director determines to be in accord with
the purpose of this chapter and having characteristics similar to those uses listed in this
section. [Ord. 853 § 1, 1989; Ord. 772 § 17.44.020, 1986. Code 1987 § 17.44.0201.
17.120.030 Uses subject to a conditional use permit.
It is recognized that certain uses while similar in characteristics to permitted uses in
LEMC 17.116.020 may have the potential to impact surrounding properties and therefore
require additional approval and consideration. Such uses to be permitted in the CA
district shall require a use permit pursuant to Chapter 17.168 LEMC and shall include the
following:
A. Automatic car washes; provided they shall be located a minimum of 200 feet from any
residential use.
B. Bars or cocktail lounges; not in conjunction with a restaurant.
C. Places of religious assembly or institution.
D. Drive-through or drive-in establishments; provided a safe and efficient circulation
system can be provided completely on site.
E. Game arcades; includes any establishment having five or more mechanical or
electronic games of chance, skill or entertainment, whether as the primary use or in
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k-napier 1 i.12u C-1 NEIGHBORHOOD COMMERCIAL DISTRICT Page 3 of 5
conjunction with another business, but excluding vending machines dispensing a product
for sale.
F. Gasoline dispensing establishments, subject to the provisions of Chapter 17.112
LEMC.
G. Hotels.
H. Mortuaries.
1. Motels.
J. Private clubs and lodges.
K. Restaurants and eating places with outside eating areas.
L. Small animal veterinary clinics subject to the following addition to all other conditions of
the use permit:
1. Treatment of animals is restricted to dogs, cats and other small domesticated
animals and birds.
2. The operation shall be conducted in a completely enclosed and sound-controlled
building in such a way as to produce no objectionable noises or odors outside its
walls.
3. There shall be no outdoor runs or animal holding areas.
4. There shall be no boarding of animals other than as necessary for recuperation of
patients.
5. The clinic shall have direct access from the parking area.
M. Structures exceeding the maximum height permitted by LEMC 17.120.060.
N. Other uses that the Planning Commission finds by resolution to be in accord with the
purpose of this chapter and having characteristics similar to those uses listed in this
section. A list of these uses shall be maintained in the Planning Division for future
reference. [Ord. 1259 § 11, 2009; Ord. 853 § 1, 1989; Ord. 772 § 17.44.030, 1986. Code
1987 § 17.44.030].
17.120.040 Site criteria.
There shall be no minimum lot size required for a C-1 parcel. However, in establishing
and maintaining locations or approving uses for the C-1 district it shall be demonstrated
that the property is capable of compliance with the following criteria:
A. The site can support safe and efficient on-site circulation and has convenient access
to surface streets with adequate capacity.
B. There is sufficient parcel size to ensure adequate buffering and screening where
needed to protect residential developments.
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Chapter 17.120 C-I NEIGHBORHOOD COMMERCIAL DISTRICT Page 4 of 5
C. The site is physically suitable for the proposed type and density of development and
capable of permitting full compliance with the City's development standards and
practices. [Ord. 772 § 17.44.040, 1986. Code 1987 § 17.44.0401.
17.120.050 Setbacks.
The following minimum standards shall apply to all new construction in the C-1 district:
A. The front yard setback for any building or parking area shall average 20 feet, but shall
not be less than 15 feet. However, the City Council may allow a 10-foot reduction in the
setback requirements to parking areas where enhanced decorative walls, artwork, public
amenities (e.g., fountains or public seating areas) or other similar outstanding design
features are provided to the satisfaction of the City Council.
B. Side and Rear Yard. No setback shall be required from interior lot lines except
adjacent to a public right-of-way or a residential use, in which case the minimum setback
shall be 15 feet. [Ord. 853 § 1, 1989; Ord. 772 § 17.44.050, 1986. Code 1987
§ 17.44.050].
17.120.060 Building height.
Except as otherwise provided by LEMC 17.120.030, the maximum building height shall
be 35 feet. [Ord. 772 § 17.44.060, 1986. Code 1987 § 17.44.060].
17.120.070 Landscape improvements.
All area not utilized for structures, parking, or other permitted uses shall be landscaped.
In addition, the following minimum standards shall apply:
A. Adjacent to Street. A continuous area, a minimum of 15 feet and an average of 20 feet
in depth, shall be landscaped and maintained between the parking area and the public
right-of-way. Parking areas should be screened as much as possible utilizing berms,
shrubs, and other decorative treatments of sufficient size and height to meet this
requirement.
B. Buffer Landscaping. A continuous visual landscape screen, a minimum of 15 feet in
depth, shall be maintained adjacent to all interior property lines which abut residential
uses. At minimum, said buffer shall contain one 15-gallon nondeciduous umbrella-form
tree for each 30 lineal feet of boundary length. No structure or use, including parking,
drive aisles, or trash enclosures, shall encroach within this area.
C. Generally. All building sites shall have a minimum landscaped coverage equivalent to
15 percent of the total lot area. Such landscaping shall be evenly distributed over the site
and consist of an effective combination of trees, ground cover and shrubbery, which may
include landscaping required for setbacks or buffers. A reduction in coverage may be
sought and approved during the design review process in recognition of quality design.
For the purpose of this provision, quality considerations include the use of courtyards,
atriums, creative use of ground floor public space, creative use of water elements, and
the incorporation of sculpture or artwork in the landscape proposal. [Ord. 1224 § 3, 2007;
Ord. 1206 § 3, 2006; Ord. 853 § 1, 1989; Ord. 772 § 17.44.070, 1986. Code 1987
§ 17.44.0701.
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unapter t /-1ZU L-1 NEIUHBORHOOD COMMERCIAL DISTRICT Page 5 of 5
17.120.080 Parking.
The provisions of Chapter 17.148 LEMC shall be used to determine the parking for
development in the C-1 district. [Ord. 772 § 17.44.080. Code 1987 § 17.44.0801.
17.120.090 Signs.
The provisions of Chapter 17.196 LEMC shall be used to determine permitted signs in
the C-1 district. [Ord. 772 § 17.44.090, 1986. Code 1987 § 17.44.090].
17.120.100 Design review.
No building permits shall be issued for the construction of any building or structure in the
C-1 district until the applicant has obtained design review approval pursuant to the
provisions of Chapter 17.184 LEMC. [Ord. 772 § 17.44.100, 1986. Code 1987
§ 17.44.1001.
17.120.110 Design standards.
Chapter 17.112 LEMC contains nonresidential development standards applicable to all
projects within the City regardless of zoning district. It is therefore important that the
provisions of Chapter 17.112 LEMC be considered together with the regulations
contained herein for the C-1 district. [Ord. 772 § 17.44.110, 1986. Code 1987
§ 17.44.1101.
This page of the Lake Elsinore Municipal Code is current City Website: http://www.lake-elsinore.org/
through Ordinance 1297-U and legislation passed through (htt ake-elsi ore.org/)
January 10, 2012. City T Telephelephone: ne: (-1) 674-3124
Disclaimer: The City Clerk's Office has the official version of the Code Publishing Company
Lake Elsinore Municipal Code. Users should contact the City httg C Company
ibrary
Clerk's Office for ordinances passed subsequent to the ordinance ( P://www.codepublishing eLbrary
cited above.
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