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HomeMy WebLinkAboutOrd. No. 1989-853!!:1 C~ i~ ORDINANCE N0. 853 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 17 OF THE LAKE ELSINORE MUICIPAL CODE (ZONING CODE) REGARDING STANDARDS RELATING TO FENCES, WALLS, AND LANDSCAPING IN RESIDENTIAL DISTRICTS; TO ALLOW FOR KEEPING OF FARM ANIMALS; TO PROVIDE SPECIAL STANDARDS FOR HILLSIDE DEVELOPMENT; TO MAKE VARIOUS TECHNICAL CORRECTIONS; TO CHANGE MINIMUM LOT SIZES AND PERMITTED DENSITIES AND SETBACKS IN THE R-3 DISTRICT; TO CHANGE LIGHTING, LANDSCAPING AND LANDSCAPE SETBACK AND OUTDOOR STORAGE- REQUIREMENTS --IN .NON-RESIDENTIAL DISTRICTS (ZONE CODE AMENDMENT 88-10) THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: Chapters 14, 22, 23, 24, 28, 38, 40, 44, 48, 52, 54, 56, 60 and 66 of 'Title 17 of the Lake Elsinore Municipal Code are hereby amended in various particulars and shall read as follows, respectively: Chapter 17.14 - Residential Development Standards Revise Section 17.14.060 to read: - "Section 17.14.060 Landscaping. All landscaping shall be maintained in good condition and adequately irrigated for as long as the use of the property continues." Add to Section 17.14.080 Fences and Walls the following: "C. All walls in excess of eight feet (8') in total height shall require specific approval of the Planning Commission." Amend Section 17.14.130.D Fencing to read: "D. Feiacir}~: "1. In new subdivisions or developments of four (4) or more units a solid block wall a minimum of six-feet (6') in height shall be provided along side and rear lot lines of lots less than 12,000 square feet to provide privacy and screening. "2. On infill developments of less than four (4) units a solid wooden fence, a minimum of six feet (6') in height, shall be provided along side and rear lot lines to provide privacy and screening, unless adjacent to a street right-of-way where a block wall is required as specified in number 3 below. When there is an existing well-maintained fence, new fencing requirements may be waived. "3. Adjacent to a street right-of-way required fences shall be constructed of decorative block, brick, or stucco, or similar decorative masonry material. "4. Wrought iron fencing or combination block and wrought iron fencing may be utilized in place of the fences required above to preserve views or provide greater openness. "5. The Planning Commission may approve alternative materials or waive fencing requirements, especially in hillside areas for large lots." Chapter 17.22 - R-H: Residential Hillside District Amend Sections 17.22.080.A.2, respectively, as follows: "A. Front Yard: "2. Garage: 17.22.080.B.2, 17.22.080.0.2, Twenty (20) feet; provided, however, that turn-in entry garages may encroach to within fifteen (15) feet of the front property line." "B. Side yard: "2. Accessory structures: In the rear one-half of the lot, as specified in Section 17.20.040, otherwise the same as required for the main dwelling unit with the exception that where straight-in entry garage gains access via the side yard, the setback shall be twenty (20) feet. "C. Rear yard: "2. Accessory structures: As specified in Section 17.22.040, with the exception that where straight-in entry garage gains access via the rear, the setback shall be twenty (20) feet." Chapter 17.23 - R-1: Single-Family Residential District Amend Section 17.23.030.A to read as follows: "A. Keeping of farm animals such as horses, cows, pigs, sheep or goats, or birds, poultry (not including roosters), rabbits and similar domesticated animals subject to the following minimum standards: "1. Animals may only be permitted as an accessory use in conjunction with a permitted dwelling. "2. The minimum lot area which may be considered for keeping of such animals is one-half (1/2) acre (21,780 square feet). "3. The maximum aggregate number of animals which may be maintained on a one-half (1/2) acre lot shall be: "a. Two (2) equine, bovine, srrrine, sheep, or goats. "b. Twelve (12) birds or poultry (not including roosters), rabbits, or similar small domesticated animals. "For each additional one-half (1/2) acre, an additional aggregate of all the above listed animals may be maintained. "4. All lots, upon which equine, bovine, swine, sheep, or goats are kept, shall be provided with a corral a minimum of five feet (5') in height and containing a minimum area of 196 square feet for each animal. For equines, a solid-cover shelter with a minimum coverage of eighty (80) square feet for each animal shall be provided within the corral area. "5. All birds or poultry must be contained within an enclosure. "6. All corrals and enclosures shall be allowed only in rear yard areas and shall be a minimum of thirty-five feet (35') from any dwelling unit on the lot upon which they are located, a minimum of one hundred feet (100') from any dwelling unit on a neighboring lot, unless reduced by the Planning Commission but in no case less than fifty feet (50') and a minimum of twenty feet (20') from any property line." Amend Section 17.23.030 by adding subsection H as follows: "H. 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 listed in this Section. A list of these uses shall be maintained in the Planning Division for future reference." Amend Section 17.23.080.A.2, add Section 17.23.080.A.3, amend Section 17.23.080.B.2, delete Section 17.23.080.B.3, and amend Sections 17.23.080.0.2, 17.23.080.0.3, and add Section 17.23.080.0.4 as follows: "A. Front yard. "2. Garage: Twenty (20) feet; provided, however, that turn-in entry garages may encroach to within fifteen (15) feet of the front property line. "3. On lots with an overall slope of twenty-five percent (25%) or more from front to back of the lot, the setback for the main dwelling unit and for front-entry garages may be reduced to ten feet (10') provided two (2) paved, open parking spaces are also provided outside the public right-of-way, subject to the' approval of the Planning Commission. Alternative paving materials such as turf block may be approved by the Planning Commission. Automatic garage door openers shall be required for front-entry garages with less than twenty-foot (20') setback. "B. Side yard: "2. Accessory structures: In the rear one-half of the lot, as specified in Section 17.23.040, otherwise the same as required for the main dwelling.. unit -with- the exception that where straight-in entry garage gains access via the side yard, the setback shall be twenty (20) feet. "3. - Delete "C. Rear Yard "2. Accessory structures: As specified in Section 17.23.040, with the exception that where straight-in entry garage gains access via the rear yard, the setback shall be twenty feet (20'). "3. Finished slopes in excess of five percent (5%) shall not be permitted within fifteen (15) feet of the main dwelling unit. "4. In lieu of fifteen-foot (15') setback not exceeding five percent (5%) as required above, balconies or decks equal to twenty percent (20%) of the dwelling area and with a minimum dimension of six (6) feet may be permitted subject to the approval of the Planning Commission." Amend Section 17.23.090 Lot Coveraae to read: "Section 17.23.090 Lot Coveraae. The maximum lot coverage of all structures in the R-1 District shall be fifty percent (50%)." Amend Section 17.23.100 Building Height to read: "Section 17.23.100 Buildina Height. Except as otherwise provided for accessory structures, the maximum building height in the R-1 District shall be thirty feet (30'). In the case of split levels, no continuous vertical section through the building shall measure more than thirty-two feet (32'). Planning Commission may approve greater heights for subterranean garages." Chapter 17.24 - R-2 District Amend Sections 17.24.080.A.2, 17.24.080.B. and 17.24.080.C. as follows: "A. Front yard "2. Garage: Twenty (20) feet; provided, however, that turn-in entry garages may encroach to within fifteen (15) feet of the front property line. "B. Side yard: Adjacent to interior lot lines there shall be a minimum side yard of five (5) feet. Adjacent to a public right-of-way the minimum side yard shall be fifteen (15) feet with the exception that where straight-in entry garage gains access via the side yard, the setback shall be twenty (20) feet. "C. Rear yard: Fifteen (15) feet, with the exception that where straight-in entry garage gains access via the rear yard, the setback shall be twenty (20) feet. "Lattice patio covers- may encroach-to within ten (10) feet of a rear property line." Amend Section 17.24.090 Lot Coveraae to read: "Section 17.24.090 Lot Coveraae. The maximum lot coverage of all structures in the R-2 District shall be fifty percent (50%)." Amend Section 17.24.100 Buildina Height to read: "Section 17.24.100 Building Height. Except as otherwise provided for accessory structures, the maximum building height in the R-2 District shall be thirty feet (30'). For the purposes of this Chapter, in the case of split levels, no continuous vertical section through the building shall measure more than thirty feet (30')." Amend Section 17.24.120.A.2.b. to read: "b. Units larger than 600 square feet of floor area: A balcony of eight (80) square feet and a minimum dimension of six feet (6')." Amend Section 17.24.120.B as follows: "B. Common open spaces: For projects of more than four (4) dwelling units, two hundred and fifty (250) square feet of usable open space per unit shall be provided within the boundaries of all projects. Usable open space shall constitute area(s) readily accessible, practical, and generally acceptable for active and/or passive recreational uses. In all instances, however, a majority of the usable common open space shall be devoted primarily to active recreational facilities (i.e., pool, court games, par jogging courses, etc.). Common open space may include setback areas but in no case shall be less than fifteen (15) feet wide." Amend Section 17.24.130.D to read: "D. In order to encourage obliquely aligned buildings, where such alignments are used, the distances in A or B, as applicable, may be decreased by ten feet (l0') with an average setback equal or greater than specified above." Chapter 17.28 - RR=3 Hiah Density Residential Amend Section 17.28.010 Purpose to read: "Section 17.28.010 Purpose. The "R-3" District is intended to provide locations for multiple-family residential projects at densities of up to twenty-four (24) dwellings to the net acre, in compliance with the City's General Plan designation of High Density Residential.- It may also provide sites for public and semi-public facilities needed to complement residential areas and for institutions that require a residential environment. Properties assigned this designation should be located within close proximity to community services such as shopping centers, transit systems, sewers, and other required infrastructure. They should not be located.. immediately--..adjacent- to- a--single-family- district. Provisions for appropriate recreation, religious, and community uses are included for a balanced neighborhood. The regulations in this district also address previously subdivided lots of an infill nature and provide a density bonus to encourage consolidation of lots." Amend Section 17.28.050 Lot Area to read: "Section 17.28.050 Lot Area. The minimum net lot area for any new lot subdivided in the "R-3" District shall be 8,400 square feet." Amend Section 17.28.060 Lot Area Per Dwelling Unit to read: "Section 17.28.060 Lot Area Per Dwellina Unit. In order to encourage lot consolidation in existing infill areas a density bonus shall be provided for lots of at least 8,400 square feet as described below: "A. The minimum lot area required for each dwelling unit in the "R-3" District for existing lots of less than 8,400 square feet shall be 2,420 square feet of net lot area per unit (18 dwelling units per acre). "B. The minimum lot area for lots 8,400 square feet or larger shall be 1,815 square feet of net lot area per unit (24 dwelling units per acre). "C. To determine the maximum number of units that may be constructed on a given property, divide the total net lot area by the square footage required for the type of product. The resultant number should be rounded down to the nearest whole number." Amend Section 17.28.070 Street Frontaae Width to read: "Section 17.28.070 Street Frontaae Width. The minimum street frontage width for any new lot created in the "R-3" District shall be seventy feet (70'). Amend Section 17.28.080.B.3 17.28.080.B.5 to read: and add Sections 17.28.080. B.4 and "B. Side yard and rear yards: "3. Open carports or patio covers: Three feet (3'). "4. Other accessory structures: Adjacent to interior lot lines the setback shall be ten feet (l0')in rear yards and five-feet (5') in side yards; adjacent to a public right-of-way the minimum setback shall be fifteen feet (15'). "5. On existing, legally non-conforming lots which are substandard in width, a minimum setback of ten percent (10%) of the lot width may be allowed adjacent to interior lot lines with a minimum of five feet (5'), and a minimum side yard setback of twenty percent (20%) of the lot width may be allowed adjacent to a public right-of-way, with a minimum of ten feet (l0')." Amend Section 17.28.100 Buildina Heiaht to read: "Section 17.28.100 Buildina Height. Except as otherwise provided for accessory structures, the maximum building height in the R-3 District shall be thirty feet (30'). For the purposes of this Chapter, in the- case - of split levels,---no continuous verticai section through the building shall measure more than thirty feet (30')." Amend Section 17.28.120.A.2 to read: "2,. Units larger than 600 square feet of floor area: A balcony of eighty (80) square feet and a minimum dimension of six feet (6')." Amend Section 17.28.120.B to read: "B. Common open spaces: n four (4) and fifty common open ided within cts. Usable ute area(s) ical, and ctive and/or In all rity of the 1 be devoted recreational facilities (i.e., pool, court games, par jogging courses, etc.).- Common open space may include setback areas but in no case shall be less than fifteen feet (15') in width." For projects of more tha dwelling ujits, two hundred (250) square feet of usable space per unit shall be prow the boundaries of all proje open space shall constit readily accessible, pract generally acceptable for a passive recreational uses. instances, however, a majo usable common open space shal primarily to active Amend Section 17.28.130.D. to read: "D. In order to encourage obliquely aligned buildings, where such alignments are used, the distances in A or B, as applicable, may be decreased by ten feet (10') with an average setback equal or greater than specified above." Chapter 17.38 - Non Residential Development Standards Amend Section 17.38.040 Lighting to read: "Section 17.38.040 Liahtina. All outdoor lighting fixtures in excess of sixty watts shall be oriented and shielded to prevent direct illumination above the horizontal plane passing through the luminaire and prevent any glare or direct illumination on adjacent properties or streets. Due to the City's proximity to the Mount Palomar Observatory, the use of low pressure sodium lighting shall be encouraged." Amend Section 17.38.070 Fences and Walls to read: "Section 17.38.070 Fences and Walls. "A. Where required, an opaque fence or-wall shall be a minimum of six feet (6') as measured from the highest grade elevation on either side of the fence or wall. The following exceptions shall apply: "1. In required front yards adjacent to the public right-of-way, the maximum height of a fence or wall shall be thirty-six inches (36"). "2. Any fence or wall which is located within fifty feet (50') of-a public-right-of-way-and which fronts- on -that right-of-way shall be constructed of decorative masonry block. "3. Along a street identified in the General Plan Circulation Element as a Modified Collector or larger, the Planning Commission, pursuant to Design Review approval, may require a perimeter wall to be eight feet (8') in height or higher. "B. Nothing within this Section is intended to preclude the Planning Commission, pursuant to Design Review approval in accordance with Chapter 17.82, .from requiring any specific fence or wall to be of a more restrictive design or height in order to accommodate the situation or setting. "C. Where security fencing is installed, a minimum of ten (10) parking spaces shall remain unenclosed and all circulation patterns shall be maintained. "D. All walls in excess of eight feet (8') in total height shall require specific approval of the Planning Commission." Commercial and Manufacturina Districts Amend Sections 17.40.020.5, 17.44.020.V, 17.48.020.Q, 17.52.020.W, 17.54.020.X, 17.60.020.X to read as follows: "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." Add Sections 17.40.030.J, 17.44.030.N, 17.48.030.I, 17.52.030.P, 17.54.030.V, 17.56.030.M, 17.60.030.X to read as follows: "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." Amend Section 17.56.020.T to read: "T. 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. For the purpose of clarification, industries which are involved with the following operations or processes and/or require a Use Permit pursuant to Section 17.60.030 are not intended to be deemed as permitted uses in keeping with the purpose of the "M-1" District: 1. The manufacture of: Acids; ammonia; asbestos; asphalt or products including roofing; babbit metal; bleaching powder; bronze powder; carbon; dog and cat food; lamp-black or graphite; celluloid; cement; flammable gases; lime, gypsum; creosote or related products; disinfectant; emery cloth or sandpaper; explosives or their storage; fertilizer; gas; glucose; glue or size; lime or related products; linoleum; matches; cloth; paint; poisons; potash; ink; pulp or paper; rubber; starch; tar or related products; turpentine; vinegar, or yeast. 2. Operations which involve or resemble:.- Large blast, cupola or metal furnaces; coke ovens; dehydrators; distillation of bone; fat rendering; garbage; offal or dead animal disposal or reduction; incineration; reduction or dumping of offal, garbage or refuse; junk yards; refining of petroleum products; earth extraction industries and the processing or storage of the products therefrom; rolling mills; salvage enterprises or vehicle wrecking yards; sand blasting; smelting; soap works; storage or baling of junk, old metal, rags, rubber or paper; tannery; and wood distillation." Amend Sections 17.40.050.A, 17.44.050.A, 17.48.060.A, 17.54.070.A, and 17.60.070.A to read as follows: "The front yard setback for any building or parking area shall average twenty (20) feet, but shall not be less than fifteen (15) feet. However, City Council may allow a ten-foot (10') 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." Delete Sections 17.40.050.C, 17.44.050.C, 17.48.060.C, 17.52.060.C, 17.54.070.C, 17.56.070.C, and 17.60.070.C. Amend Section 17.52.060.A to read: A. The front yard setback for any building or parking area shall average twenty-five (25) feet, but in no case shall be less than twenty (20) feet. However, City Council may allow a ten-foot (10') 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." Amend Sections 17.40.080.A, 17.44.070.A, 17.48.080.A, 17.52.090.A, 17.54.090.A, 17.56.100.A, ad 17.60.100.A to read: "A. Adjacent to Street: A continuous area, a minimum of fifteen feet (15') and an average of twenty feet (20') in depth, shall be landscaped and maintained between 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." Amend Section 17.66.100.A to read: "A. Where any parking area or driveway abuts a street there shall be a minimum setback of fifteen feet (15') and an average of twenty feet (20') from the public right-of-way, which shall be fully landscaped and irrigated unless a greater setback is required by any other provision of this Title." Add to Sections 17.54.040 as A.7, 17.56.040 as A.7, and 17.60.040 as A.8 the following verbiage: "All outdoor storage shall be subject to the approval of a Conditional Use Permit pursuant to Chapter 17.74 and shall also be reviewed to ensure adequate provision of screening of storage areas. Storage materials shall not be visible from -• public rights-of-way, including freewaysy or adjacent residential or commercial properties." SECTION TWO. This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 13th day of June, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DUMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: CDUNCILMEMBERS: NONE ABSENT: CUUNCILMEMBERS: NONE ABSTENTIONS: CDUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 27th day of June, 1989, upon the following roll call vote: AYES: CUUNCILMEMBERS: DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: CDUNCILMEMBERS: BUCK ABSTENTIONS: CDUNCILMEMBERS: NONE Ninkler, ATTEST: ~~ Vicki 'Lynn ICasad, City Clerk (SEAL( APPROVED AS TO FORM AND LEGALITY: ~ 1, John R. Ha per, C'ty Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on June 13, 1989, and had its second reading on June 27, 1989 and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCK ABSTAIN: COUNCILMEMBERS: NONE ~~ VICKI LYNNE ASAD, CITY CLERK CITY OF LAK E!SINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 853, of said Council, and that the same has not been amended or repealed. DATED: June 30, 1989 VICKI LYNNE ASAD CITY C RK CITY OF LAK ELSINORE (SEAL)