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HomeMy WebLinkAboutOrd. No. 1982-646ORDINANCE N0. 646 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, ADDING CHAPTER 17.51, (C-P-S) SCENIC HIGH- WAY COMMERCIAL DISTRICT, TO THE LAKE ELSINORE MUNICIPAL CODE, PROVIDING FOR A SCENIC HIGHWAY COMMERCIAL DISTRICT (C-P-S) ZONE FOR USE ONLY WITH- IN THE AREA DESIGNATED AS THE GATEWAY ANNEXATION AREA. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE. There is hereby added to the Lake Elsinore Municipal Code Chapter 17.51, Scenic Highway Commercial District, and the follow- ing sections for use .only within the Gateway Annexation Area: 17.51.020 Permitted Uses. A. The following uses are permitted within all C-P-S Zones only in enclosed buildings with not more than 200 square feet of outside storage or display of materials appurtenant to such use, provided a plot plan shall have been approved pursuant to City adopted environmental review procedures and requirements and other applicable sections as individually noted. 1. Ambulance services 2. Antique shops 3. Appliance stores, household 4. Art supply shops and studios 5. Auditoriums and conference rooms 6. Automobile parts and supply stores 7. Bakery goods distributors 8. Bakery shops, including baking only when inci- dental to retail sales on the premises 9. Banks and financial institutions 10. Barber and beauty shops 11. Bars and cocktail lounges 12. Bicycle sales and rentals 13. Billiard and pool halls 14. Blueprint and duplicating services 15. Book stores and binders 16. Bowling alleys 17. Catering services 18. Ceramic sales and manufacturing for on-site sales, provided the total volume of kiln space does not exceed sixteen (16) cubic feet 19. Cleaning and dyeing shops 20. Clothing stores 21. Confectionery or candy stores 22. Costume design studios 23. Dance halls 24. Delicatessens 25. Department stores 26. Drug stores 27. Dry goods stores 28. Electrical substations 29. Employment agencies 30. Escort bureaus 31. Feed and grain sales 32. Fishing and casting pools 33. Florist shops 34. Food markets and frozen food lockers 35. Gift shops 36. Hardware stores 37. Household goods sales and repair, including but not limited to, new and used appliances, furni- ture, carpets, draperies, lamps, radios, and television sets, including repair thereof 38. Hobby shops 39. Ice cream shops 40. Ice sales, not including ice plants 41: Interior decorating shops 42. Jewelry stores with incidental repairs 43. Labor temples 44. Laboratories, film, dental, medical, research or testing 45. Laundries and laundromats 46. Leather goods stores 47. Liquor stores 48. Locksmith shops 49. Mail order businesses 50. Manufacturer's agent 51. Market, food, wholesale or jobber 52. Massage parlors, turkish baths, health centers and similar personal service establishments 53. Meat markets, not including slaughtering 54. Mimeographing and addressograph services 55. Mobilehomes, provided they are kept mobile, obtain a conditional use permit, and licensed pursuant to state law, used for: a. Construction offices and caretaker's quarters on construction sites for the duration of a valid building permit, providing they are in- conspicuously located b. Agricultural worker employment offices for a maximum of 90 days in any calendar year c. Caretakers or watchmen and their families provided no rent is paid, where a permitted and .existing commercial use is established. Not more than one (1) mobilehome shall be allowed for a parcel of land or a shopping center complex. 56. Music stores 57. News stores 58. Notions or novelty stores 59. Nurseries and garden supply stores 60. Offices, business 61. One on-site operator's residence 62. Paint and wall paper stores, not including paint contractors 63. Parking lots and parking structures 64. Pawn shops 65. Pet shops and pet supply shops 66. Photography shops and studios and photo engraving 67. Plumbing shops, not including plumbing contractors 68. Poultry markets, not including slaughtering or live sales 69. Printers or publishers 70. Produce markets 71. Radio and television broadcasting studios -2- 72. Recording studios 73. Refreshment stands 74. Restaurants and other eating establishments 75. Schools, business and professional, including art, barber, beauty, dance, drama, music and swimming 76. Shoe stores and .repair shops 77. Shoeshine stands 78. Signs, on-site advertising 79. Sporting goods stores 80. Stained glass assembly 81. Stationery stores 82. Stations, bus, railroad and taxi 83. Taxidermist 84. Tailor shops 85. Telephone exchanges 86. Theaters, not including drive-ins 87. Tobacco shops 88. Tourist information centers 89. Toy shops 90. Travel agencies 91. Typewriter sales and rental and incidental repairs 92. Watch .repair shops 93. Wedding chapels 94. Wholesale businesses with samples on the premises, but not to include storage 95. Gasoline service stations 96. Golf cart sales and service 97. Hotels, resort hotels and motels B. Uses permitted by Conditional Exception Permit (Use Permit). The following uses are permitted provided a conditional exception permit has been granted pursuant to the provisions of Chapter 17.76 of the Lake Elsinore Municipal Code: 1. Automobile repair garages, body shops, spray painting shops. 2. Automobile sales and rental agencies 3. Boat sales, rentals and services 4. Car washes 5. Drive-in theaters 6. Equipment rental services, including rototillers, power mowers, sanders, power saws, cement and plaster mixers not exceeding 20 cubic feet in capacity and other similar equipment 7. Heliports 8. Liquid petroleum service stations, provided the total capacity of all tanks shall not exceed 10,000 gallons 9. Mortuaries 10. Sale, rental, repair, or demonstration of motor- cycles, scooters,. or motorbikes of two horse- power or greater 11. Animal hospitals 12. Sports and recreational facilities, not including motor-driven vehicles and riding academies, but including archery ranges, athletic fields, beaches, golf driving ranges, gymnasiums, miniature golf, parks, playgrounds, sports arenas, skating rinks, stadiums, and commercial swimming pools 13. Tire recapping 14. Tire sales and services, not including recapping 15. Trailer and boat storage 16. Travel trailers, mobilehomes and recreational vehicles sales and service _~_ 17, Truck sales and services 18. Trucks and trailers; the rental of trucks not over 19,500 pounds gross weight, with body not to exceed 22 feet in length from the back of the cab to the end of the body; and the rental of trailers not exceeding 6 feet in width or 22 feet in length 19. Underground bulk fuel storage 20. Mini warehouse structures 21. All uses permitted in subsection (A) that have more than 200 square feet of outside storage of display of materials C. Accessory Uses Permitted.. An accessory use to a per- mitted use is allowed, provided the accessory use is established on the same lot or parcel of land, and is incidental to, and consistent with the character of the permitted principal use, including but not limited to: 1. Limited manufacturing, fabricating, processing, packaging, treating and incidental storage related thereto, provided any such activity shall be in the same line of merchandise or service as the trade or service business conducted on the premises and pro- viding any such related activity does not exceed any of the following restrictions: a. The maximum .gross floor area of the building permitted to be devoted to such accessory use shall be 25 percent. b. The maximum total horsepower of all electric motors used in connection with such accessory use shall be 5 horsepower. c. The accessory use shall be so conducted that noise, vibration, dust, odor, and all other objectionable factors shall be reduced to the extent that there will be no annoyance to per- sons outside the premises. Such accessory use shall be located not nearer than 500 feet to any residential zone. d. Accessory uses shall be conducted wholly within a completely enclosed building. 17.51,030 Planned Commercial Development. Planned Commercial Developments are permitted provided a -4- land division is approved pursuant to the provisions of Chapter 17.52. 17.51.040 Commercial Specific Plan Required. A. Notwithstanding any other provisions of this Article, no commercial kuilding or use shall be constructed on a parcel that is 15 acres in size or greater, and no permits or approvals shall be issued by any department for such construction, unless the applicant has applied for, and received final approval of, a Commercial Speci- fic Plan pursuant to the provisions of Government Code Section 65450. A proposed commercial use shall not be broken into smaller units to avoid the requirement to file an application for a Commercial Specific Plan, and an application for a plot plan may be denied on the basis that it is part of a larger commercial proposal that requires the applicant to file an application for a specific plan. B. A Commercial Specific Plan shall comply with all the standards required for approval of a commercial plot plan. In addition thereto, no Commercial Specific Plan shall be approved unless it is found that there will be no adverse effect upon the public health, safety, and welfare of the general community, including such factors as the availability of employees and affordable housing for such employees and a demonstrated .need for a com- mercial center. The following additional standards of development shall apply to those projects subject to the Commercial Specific Plan requirement: 1. A minimum 15 percent of the site shall be land- scaped and automatic irrigation shall be installed. 2. A minimum 50-foot building setback shall be required on any boundary where the commercial property abuts a residential zoned property. Twenty (20) feet of the setback shall be landscaped unless a tree screen is included, wherein the landscaping may be reduced -5- to ten (10) feet. The balance of the setback may be used for automobile parking, driveways or land- scaping. Block walls, or other appropriate fencing, may also be required. - 3. All outside storage, and all trash, loading and service areas, shall be screened by structures or landscaping .and located to minimize noise or odor nuisance. C. Whenever a comprehensive Commercial Specific Plan or phase thereof has been approved and is in effect, the requirement for a subsequent plot plan or conditional use permit for certain uses may be modified or waived. This determination shall be made as part of the approval of a specific plan, provided that a detailed site plan and all required development standards are included as a part of the final approval of a specific plan. D. The requirement for a Commercial Specific Plan may be waived by the Planning Commission upon a finding by the Commission that the proposed commercial use con- sists of infilling of an existing commercial area. An application to waive a Commercial Specific Plan shall be made in writing to the Planning Director, prior to filing an application for a specific plan, stating fully the reasons therefor and accompanied by the required fee. The application shall be placed on the regular agenda of the Planning Commission as a discus- sion matter for the determination of the Commission. If the Commission approves the waiver, the applicant shall be permitted to file an application for any required plot plan, conditional use permit or land division. 17.51.050 Development Standards. The following shall be the standards of development. in the C-P-S Zones: A. There is no minimum lot area requirement, unless speci- fically required by zone classification for a particular area. -6- B. There are no yard requirements for buildings which do not exceed 35 feet in height, except as required for specific plans. Any portion of a building which ex- ceeds 35 feet in height shall be set back from the front, rear and side-lot lines not less than two (2) feet for each foot by which the height exceeds 35 feet. The front setback shall be measured from the existing street line unless a specific plan has been adopted in which case it will be measured from the specific plan street line. The rear setback shall be measured from the existing rear lot line or from any recorded alley or easemeht; if the rear line adjoins a street, the rear setback requirement shall be the same as required for a front setback. Each side setback shall be measured from the side lot line or from an existing adjacent street line unless a specific plan has been adopted in which case it will be measured from the specific plan street line. C. All buildings and structures shall not exceed thirty- five (35) feet in height. D. Automobile storage space shall be provided as required by Chapter 17,66 of the Lake Elsinore Municipal Code. E. All roof mounted mechanical equipment shall be screened from the ground .elevation view by a minimum sight distance of 1,320 feet. SECTION TWO. This ordinance shall take effect as provided by law. INTRODUCED AND PASSED UPON FIRST READING THIS 10TH DAY OF AUGUST, 1982, upon the following. roll call vote: AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UPJSWORTN NOES: NONE ABSENT: NONE ABSTENTTONS: NONE -~- PASSED, APPROVED, AND ADOPTED UPON SECOND READING THIS 28_TH DAY OF September, 1982, upon the following roll call vote: AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES : NONE ABSENT; NONE ABSTENTIONS: NONE ~JOhn G. Unsworth, Mayor ATTEST: ~ // ~ Deborah Harrington, Ci y Clerk (SEAL) -$- ORDINANCE N0. 662 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING CERTAIN PROPERTY FROM C-1 (LIMITED COMMERCIAL) to C-2 (GENERAL COMMERCIAL) AND FROM C-2 TO C-1. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: The property described below (approximately .07 acres presently zoned C-2, .General Commercial, shall upon the adoption of this ordinance be zoned C-1, Limited Commercial. The following described property is removed from its present zoning district as C-2, General Commercial, and is hereby rezoned to C-1, Limited Commercial: Parcel A That portion of Government Lot 2 in the Southwest quarter of fractional Section 9, Township 6 South, Range 4 West, San Bernardino Base Meridian according to the official plat thereof on file in the District Land Office, lying Easterly of the San Jacinto River and included within the following described lines: Beginning at the Southwest corner of Lot 7 in Block 7 of Heald's First Edition to Elsinore, as shown by map on file in Book 4, Page 2.05 of Maps, San Diego County Records. Said Southwest corner being a point on the Easterly line of said Southwest quarter; THENCE along said Easterly line N Oo O5; 13" W 568.68 feet to the Northeast quarter of the land described as Parcel 2 in the deed to Hallie S. Averill and wife, Flora L. Averill recorded June 26, 1958 as Instrument Number 45605, Riverside County Records; THENCE along the Northerly line of said Parcel 2 of said land of Averill S 89° 56' 39" W 214.97 feet to the True Point of Beginning THENCE continuing along the Northerly line of said Parcel 2, S 89° 39" W 108.02 feet more or less to the Northeasterly line of that land described in the deed to the State of California, Recorded June 30, 1955 as Instrument Number 42791 in Book 1759., Page 556 of Official Records, Riverside County Records; THENCE Southeasterly along said Northeasterly line S 440 26' 10" E 75.00 feet; THENCE N 450 58' 25" E 77.21 feet to the True Point of Beginning. SECTION TWO: The property described below (approximately .51 acres), presently zoned C-1, Limited Commercial, shall upon the adoption of this ordinance .be zoned C-2, General Commercial). The following described property is removed from its present zoning district as C-1, Limited Commercial, and is hereby rezoned to C-2, General Commercial: Parcel B That portion of Government Lot 2 in the Southwest quarter of fractional Section 9, Township 6 South, Range 4 West, San Bernardino Base Meridian according to the official plat thereof on file in the District Land Office, lying .Easterly of the San Jacinto River and included within the following described lines: Beginning at the Southwest corner of Lot 7 in Block 7 of Heald's First Edition to Elsinore, as shown by map on file in Book 4, Page 205 of Maps, San Diego County Records. Said Southwest corner being a point on the Easterly line of said Southwest quarter; THENCE along said Easterly line N 0° 568.68 feet to the Northeast quarter described as .Parcel 2 in the deed to Averill and wife, Flora L. Averill, 26, 1958 as Instrument Number 45605, County Records; O5' 13" W of the land Hallie S. recorded June Riverside THENCE along the Northerly line of said Parcel 2 of said land of Averill S 89° 56' 39" W 214.97 feet to the True Point of Beginning THENCE N 45 58' 25" E 298.54 feet to the Northeast corner of said .Southwest quarter said corner being a 2" iron pipe; THENCE S 0° 05' 13" E along the Easterly line of said Southwest corner 207.27 feet to the Northeast corner of the land described as Parcel 2 in the deed to Hallie S. Averill and .wife Flora L. Averill, recorded June 26, 1958 as Tnstrument Number 45605, Riverside County Records; THENCE S 890 56' 39" W along the Northerly line of said Parcel 2 a distance of 214.97 feet to the True Point of Beginning. SECTION THREE: This ordinance shall become effective as provided by law. INTRODUCED AND PASSED UPON FIRST READING this 12th day of October 1982 upon the following roll call vote: -' AYES: KNIGHT, MACMURRAY, VALENZUELA, UNSWCRTH NOES: TORN ABSENT: NONE ABSTENTIONS: NONE -2- PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of October 1982 upon the following roll call vote: AYES: MACMURRAY, VALENZUELA, UNSWORTH NOES : TORN ABSENT: KNIGHT ABSTENTIONS: NONE hn G. Unsworth, Mayor ATTEST: /~~~/06/~_~/./~~i~/~/lA~y/G.%~ ~e orah Harrington, ity Clerk (SEAL) -3- STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. I, Jo Ann P1oney, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on October 12, 1982 and had its second reading on October 26, 1982 and was passed by the following vote: AYES: COUNCILMEP16ERS: MACMURRAY, VALENZUELA, UNSWORTH NOES: COUNCILMEMBERS: TORN ABSENT: COUNCILMEMBERS: KNIGHT J ANN P10NEY, CIT CLERK Y OF LAKE ELSINORE (SEAL)