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HomeMy WebLinkAboutOrd. No. 2002-1086 ORDINANCE NO. 1086 -... AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONING CODE AMENDMENT ZCA 2002-1 AMENDING VARIOUS SECTIONS OF TITLE 17, ZONING, OF THE LAKE ELSINORE MUNICIPAL CODE TOREVISE THE LAND USE REGULATIONS RELATED TO CHURCHES, SCHOOLS AND OTHER PLACES OF ASSEMBLY. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on September 17, 2002 made its report upon the desirability and made its recommendations in favor of said Zoning Code Amendment by adopting Planning Commission Resolution No. 2002-49 recommending to the City Council approval of Zone Code Amendment ZCA 2002-01; and WHEREAS, public notice of said project has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on October 8, 2002; WHEREAS, an application has been filed by the Community Development Department of the City of Lake Elsinore to amend various sections of Title 17, Zoning, of the Lake Elsinore Municipal Code; WHEREAS, in accordance with Chapter 17.84, Amendments, of the Lake Elsinore Municipal Code, the Planning Commission has the responsibility of reviewing proposed amendments to the zoning code and make recommendations to the City Council; NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has reviewed the proposed zoning code amendments and is recommending approval to the City Council and that the action is exempt from CEQA per Section 15061(b)(3). SECTION 2. That in accordance with Chapter 17.84, Amendments, of the Lake Elsinore Municipal Code the following findings have been made: 1. The proposed amendments would create consistency within and between various zoning districts for land use regulations related to churches and other places of assembly. 2. The proposed amendments would allow churches to be established by right in the R- 1, R-2, R-3 and C-2 zones. 3. The one acre requirement in certain zones for assembly type uses will help to preserve the established characteristics of those zones. 4. The proposed amendments will not be (1) detrimental to the health, safety, comfort, or general welfare of City residents and (2) will not be injurious to property or improvements in the City. 5. The proposed amendments to the zoning regulations are consistent with the goals and objectives of the Lake Elsinore General Plan. SECTION 3. Chapter 17.19 "R-R: Rural Residential District" Section 17.19.020 Permitted Uses is amended to read as follows: Section 17.19.020 Permitted Uses. Uses permitted in this district shall include those uses listed below when developed in compliance with the purpose and intent of this chapter. Each use shall be evaluated in terms of its design characteristics and specific site location pursuant to the provisions of Chapter 17.82. A. Single-family detached dwelling units; one dwelling unit per lot. B. Accessory uses and structures pursuant to Section 17.18.40. C. Day care and residential care facilities pursuant to Chapter 17.16. D. Public utility distribution and transmission facilities excluding private radio, television, and paging antenna and towers. E. Government buildings and service facilities. F. Public parks and/or playgrounds. G. Structures and installations necessary to the conservation and development of water resources and/or the control of flooding. H. Manufactured houses in compliance with the provisions of Chapter 17.14. SECTION 4. Chapter 17.19 "R-R: RURAL RESIDENTIAL DISTRICT" Section 17.19.020 Uses Subject to a Conditional Use Permit is amended to read as follows: Section 17.19.030 Uses Subiect to ~ Conditional Use Permit. It is recognized that certain uses while similar in characteristics to Permitted Uses in Section 17.19.20 may have the potential to impact surrounding properties and therefore require additional approval and consideration. Such uses to be permitted in the R-R District shall require a Use Permit pursuant to Chapter 17.74 and shall include the following: A. B. C. D. E. F. G. H. - Archery ranges. Cemeteries. Country Clubs. Fishing lakes. Fruit and vegetable stands. Golf courses and driving ranges. Guest ranches. Hunting clubs. I. Large family day care homes in compliance with the provisions of Chapter 17.16. J. Keeping of exotic animals on the same lot as a permitted dwelling for pets only and not for commercial purposes; The Planning Commission shall impose adequate limitations to assure that the residential character of the property and neighborhood are maintained. K. Kennels. L. Nurseries and garden supply stores. M. Recreational vehicle parks. N. Riding academies and commercial stables. O. Rifle, pistol, skeet or trapshooting ranges. P. Swimming, tennis, and polo clubs. Q. Second unit in compliance with the provisions of Chapter 17.17.18. R. Trailer and boat storage lots. S. Community centers and recreation buildings located on a site at least one (1) acre in size. T. Churches located on a site at least one (1) acre in size. D. Preschools, elementary, middle, junior high and high schools located on a site at least (1) one acre III SIze. SECTION 5. Chapter 17.20 "R-E: ESTATE SINGLE FAMILY RESIDENTIAL DISTRICT" Section 17.19.020 Permitted Uses is amended to read as follows: Section 17.20.020 Permitted Uses. Uses permitted in this district shall include those uses listed below when developed in compliance with the purpose and intent of this chapter. Each use shall be evaluated in terms of its design characteristics and specific site location pursuant to the provisions of Chapter 17.82, Design Review. A. Single-family detached dwelling units; one dwelling unit per lot. B. Accessory uses and structures pursuant to Section 17.20.40. C. Small- family day care and residential care facilities pursuant to Chapter 17.16. D. Public utility distribution and transmission facilities excluding private radio, television, and paging antenna and towers. E. Government buildings and service facilities. F. Public parks and/or playgrounds. G. Structures and installations necessary to the conservation and development of water resources and/or the control of flooding. H. Manufactured houses in compliance with the provisions of Chapter 17.14. SECTION 6. Chapter 17.20 "R-E: ESTATE SINGLE FAMILY RESIDENTIAL DISTRICT" Section 17.20.030 Uses Subject to a Conditional Use Permit is amended to read as follows: Section 17.20.030 Uses Subiect to ~ Conditional Use Permit. It is recognized that certain uses while similar in characteristics to Permitted Uses in Section 17.20.020 may have the potential to impact surrounding properties and therefore require additional approval and consideration. Such uses to be permitted in the R - E District shall require a Use Permit pursuant to Chapter 17.14 and shall include the following: - A. Large family day care homes in compliance with the provisions of Chapter 17.16. B. Second units in compliance with the provisions of Chapter 17.17. c. Country clubs, swimming and tennis clubs, golf courses. D. Keeping of exotic animals or birds, or more than six (6) weaned dogs and/or cats, other than provided in this chapter on the same lots as a permitted dwelling for pets only and not for commercial purposes; The Planning Commission shall impose adequate limitations to assure that the residential character of the property and neighborhood are maintained. E. Churches, located on a site at least one (1) acre in size. F. Agricultural and horticultural uses, for commercial purposes (not including the private boarding of animals and the sale of excess agricultural and horticultural products grown on the premises, subject to the restrictions specified within Section 17.20.040 subsection A. 5. and 6., respectively). G. Community centers and recreation buildings located on a site at least one (1) acre in size. H. Preschools, elementary, middle, junior high and high schools located on a site at least one (1) acre in size. SECTION 7. Chapter 17.22 "R-H: HILLSIDE SINGLE-FAMILY RESIDENTIAL DEVELOPMENT" Section 17.22.020 Permitted Uses is amended to read as follows: Section 17.22.020 Permitted Uses. Uses permitted in this district shall include those uses listed below when developed incompliance with the purpose and intent of this chapter. Each use shall be evaluated in terms of its design characteristics and specific site location pursuant to the provisions of Chapter 17.82, Design Review. A. Single-family detached dwelling units; one dwelling unit per lot. B. Accessory uses and structures pursuant to Section 17.20.40. C. Small- family day care and residential care facilities pursuant to Chapter 17.16. D. Public utility distribution and transmission facilities excluding private radio, television, and paging antenna and towers. E. Government buildings and service facilities. F. Public parks and/or playgrounds. G. Structures and installations necessary to the conservation and development of water resources and/or the control of flooding. H. Manufactured houses in compliance with the provisions of Chapter 17.14.020. SECTION 8. Chapter 17.22 "R-H: HILLSIDE SINGLE-FAMILY RESIDENTIAL DEVELOPMENT" Section 17.22.030 Uses Subject to a Conditional Use Permit is amended to read as follows: Section 17.22.030 Uses Subiect to ~ Conditional Use Permit. It is recognized that certain uses while similar in characteristics to Permitted Uses in Section 17.20.020 may have the potential to impact surrounding properties and therefore require additional approval and consideration. Such uses to be permitted in the R- H District shall require a Use Permit pursuant to Chapter 17.14 and shall include the following: - A. B. Large family day care homes in compliance with the provisions of Chapter 17.16. Second units in compliance with the provisions of Chapter 17.17. F. G. Keeping of exotic animals or birds, or more than three (3) weaned dogs and/or cats, on the same lots as a permitted dwelling for pets only and not for commercial purposes; the Planning Commission shall impose adequate limitations to assure that the residential character of the property and neighborhood are maintained. Churches, located on a site at least one (1) acre in size. Horticultural uses, including growing of fruits, nuts, vegetables, and ornamental plants for commercial purposes. Community centers and recreation buildings located on a site at least one (1) acre in size. Preschools, elementary, middle, junior high and high schools located on a site at least one (1) acre in size. c. - D. E. SECTION 9. Chapter 17.23 "R-l : SINGLE-FAMILY RESIDENTIAL DISTRICT" Section 17.23.020 Permitted Uses is amended to read as follows: Section 17.23.020 Permitted Uses. Uses permitted in this district shall include those uses listed below when developed in compliance with the purpose and intent of this chapter. Each use shall be evaluated in terms of its design characteristics and specific site location pursuant to the provisions of Chapter 17.82, Design Review. A. Single-family detached dwelling units; one dwelling unit per lot. B. Accessory uses and structures pursuant to Section 17.23.040. C. Small family day care and residential care facilities pursuant to Chapter 17.16. D. Public utility distribution and transmission facilities excluding private radio, television, and paging antenna and towers. E. Government buildings and service facilities. F. Public parks and/or playgrounds. G. Community centers and recreation buildings located on a site at least one (1) acre in size. H. Preschools, elementary, middle, junior high and high schools located on a site at least one (1) acre in size. I. Churches located on a site at least one (1) acre in size. J. Manufactured houses in compliance with the provisions of Section 17.14. SECTION 10. Chapter 17.23 "R-l: SINGLE-FAMILY RESIDENTIAL DISTRICT" Section 17.23.030 Uses Subject to a Conditional Use Permit is amended to read as follows: Section 17.23.030 Uses Subiect to a Conditional Use Permit. It is recognized that certain uses while similar in characteristics to Permitted Uses in Section 17.23.020 may have the potential to impact surrounding properties and therefore require additional approval and consideration. Uses permitted subject to approval of a use permit, pursuant to Chapter 17.74, in the R-1 District shall be as follows: A. keeping of farm animals such as horses, cows, pigs, sheep or goats, birds, poultry (not including roosters), rabbits and similar domesticated animals subject to the following minimum standards: - B. C. D. 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, swine, 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. Large family day care homes in compliance with the provisions of Chapter 17.16. Second units in compliance with the provisions of Chapter 17.17. Keeping of exotic animals or birds, or more than three (3) dogs and/or cats, on the same lot as a permitted dwelling for pets only and not for commercial purposes. The Planning Commission shall impose adequate limitations to assure that the residential character of the property and neighborhood are maintained. Horticultural uses, including growing of fruit, nuts, vegetables, and ornamental plants for commercial purposes. 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. E. F. SECTION 11. Chapter 17.24 "R-2: MEDIUM DENSITY RESIDENTIAL" Section 17.24.020 Permitted Uses is amended to read as follows: Section 17.24.020 Permitted Uses. Uses permitted in this district shall include those listed below when developed in compliance with the purpose and intent of this chapter: A. Accessory uses and structures pursuant to Section 17.24.040. B. Duplexes and triplexes. C. Multiple-family dwellings. D. Government buildings and service facilities. E. Public parks and/or playgrounds. F. - G. H. 1. J. K. Public utility distribution and transmission facilities excluding private radio, television, and paging antenna and towers. Small- family day care and residential care facilities pursuant to Chapter 17.16. Single-family uses when they comply with all the requirements of Chapter 17.23. Community centers and recreation buildings located on a site at least one (1) acre in size. Preschools, elementary, middle, junior high and high schools located on a site at least one (1) acre in size. Churches located on a site at least one (1) acre in size. SECTION 12. Chapter 17.24 "R-2: MEDIUM DENSITY RESIDENTIAL" Section 17.24.030 Uses Subject to a Conditional Use Permit is amended to read as follows: Section 17.24.030 Uses Subiect to ~ Conditional Use Permit. It is recognized that certain uses while similar in characteristics to Permitted Uses in Section 17.24.020 may have the potential to impact surrounding properties and therefore require additional approval and consideration. Such uses to be permitted in the "R-2" District shall require a Use Permit pursuant to Chapter 17.74 and shall include the following: A. Commercial child day care centers. B. Condominiums subject to compliance with all provisions of Chapter 17.37. C. Convalescent, retirement homes, rest homes, sanitariums, and similar congregate care facilities. D. Horticultural uses, including growing of fruit, nuts, vegetables, and ornamental plants for commercial purposes. E. Large family day care homes in compliance with the provisions of Chapter 17.16. F. Keeping of exotic animals on the same lot as a permitted dwelling for pets only and not for commercial purposes; the Planning Commission shall impose adequate limitations to assure that the residential character of the property and neighborhood are maintained. SECTION 13. Chapter 17.28 "R-3: HIGH DENSITY RESIDENTIAL" Section 17.28.020 Permitted Uses is amended to read as follows: Section 17.28.020 Permitted Uses. Uses permitted in this district shall include those listed below when developed in compliance with the purpose and intent of this chapter: A. Multiple- family dwellings. B. Accessory uses and structures pursuant to Section 17.28.040. C. Government buildings and service facilities. D. Public parks and/or playgrounds. E. Public utility distribution and transmission facilities excluding private radio, television, and paging antenna and towers. F. Small-family day care and residential care facilities pursuant to Chapter 17.16. G. Small family day care uses when they comply with all requirements of Chapter 17.16. H. Single-Family uses when they comply with all requirements of Chapter 17.23. 1. Community centers and recreation buildings located on a site at least one (1) acre in size. J. Preschools, elementary, middle, junior high and high schools located on a site at least one (1) acre in size. Churches located on a site at least one (1) acre in size. - K. SECTION 14. Chapter 17.28 "R-3: HIGH DENSITY RESIDENTIAL" Section 17.28.030 Uses Subject to a Conditional Use Permit is amended to read as follows: Section 17.28.030 Uses Subiect to ~ Conditional Use Permit. It is recognized that certain uses while similar in characteristics to Permitted Uses in Section 17.24.020 may have the potential to impact surrounding properties and therefore require additional approval and consideration. Such uses to be permitted in the "R-3" District shall require a Use Permit pursuant to Chapter 17.74 and shall include the following: A. Churches located on a site less than one (1) acre in size. B. Commercial child day care centers. C. Condominiums subject to compliance with all provisions of Chapter 17.37. D. Convalescent, retirement homes, rest homes, sanitariums, and similar congregate care facilities. E. Horticultural uses, including growing of fruit, nuts, vegetables, and ornamental plants for commercial purposes. F. Large family day care homes in compliance with the provisions of Chapter 17.16. G. Keeping of exotic animals on the same lot as a permitted dwelling for pets only and not for commercial purposes; the Planning Commission shall impose adequate limitations to assure that the residential character of the property and neighborhood are maintained. H. Private, noncommercial clubs and lodges. 1. Permitted primary structures which exceed the height limitation specified in Section 17.28.120. J. Tennis clubs and swimming clubs. SECTION 15. Chapter 17.40 "C-O: COMMERCIAL OFFICE DISTRICT" Section 17.40.030 Uses Subject to a Conditional Use Permit is amended to read as follows: Section 17.40.030 Uses Subiect to ~ Conditional Use Permit. It is recognized that certain uses while similar in characteristics to Permitted Uses in Section 17.40.020 may have the potential to impact surrounding properties and therefore require additional approval and consideration. Such uses to be permitted in the "C-O" District shall require a Use Permit pursuant to Chapter 17.74 and shall include the following: A. Churches. B. Commercial day care center. C. Conversion of residential structures pursuant to Section 17.40.040. D. Mortuaries. E. Office condominiums. F. Private non-commercial clubs and lodges. G. .-.. H. I. J. Restaurants and eating places (excluding drive-ins and drive-throughs or walk-ups) with outside eating areas or which operate between the hours of 10:00 p.m. and 7:00 a.m. 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. Structures exceeding the maximum height pursuant to Section 17.40.060. 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. SECTION 16. Chapter 17.48 "C-2: GENERAL COMMERCIAL DISTRICT" Section 17.48.020 Permitted Uses is amended to read as follows: _ Section 17.48.020 Permitted Uses. Uses permitted in the "C-2" 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. B. e. D. E. F. G. H. I. J. K. L. M. - N. Churches. All permitted uses of the "C-O" and "C-1" Districts as contained within Sections 17.40.020 and 17.44.020. Antique shops and auction galleries. Bowling alleys; provided they comply with the requirements of Chapter 17.66 Parking Requirements. Bus depots and transit stations. Department stores. Floor covering shops. Furniture stores. Home improvement centers. Hotels. Motels. Sale of motor vehicle, motorcycle and recreational vehicle parts and accessories and service incidental to the sale of parts. Skating rinks; provided they comply with the requirements of Chapter 17.66 Parking Requirements. Second hand and thrift shops. O. Service businesses similar to retail stores which do not involve warehousing or storage, except accessory storage of commodities sold at retail on the premises. P. Theaters; provided they comply with the requirements of Chapter 17.66 Parking Requirements. Q. 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. SECTION 17. Chapter 17.48 "C-2: GENERAL COMMERCIAL DISTRICT" Section 17.48.030 Uses Subject to a Conditional Use Permit is amended to read as follows: Section 17.48.030 Uses Subiect to ~ Conditional Use Permit. It is recognized that certain uses while similar in characteristics to Permitted Uses in Section 17.48.020 may require outdoor operation and/or have the potential to impact surrounding properties and therefore require additional approval and consideration. Such uses to be permitted in the "C-2" District shall require a Use Permit pursuant to Chapter 17.74 and shall include the following: A. Uses permitted subject to a Use Permit in the "C-1" District as contained in Section 17.44.030 except churches. B. Business colleges and professional schools. C. Car washes. D. Dance halls, discotheques, or any establishment providing live entertainment. E. Motor vehicle, motorcycle and recreational vehicle sales; and service incidental to the sale of parts but excluding major overhauls, painting, and body work. F. Outdoor sales and display incidental and accessory to a permitted use. G. Structures exceeding the maximum height permitted by Section 17.48.070. 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 uses listed in this Section. A list of these uses shall be maintained in the Planning Division for future reference. SECTION 18. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED AND APPROVED UPON FIRST READING this 8th day of October, 2002, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRINLEY ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 22nd day of October, 2002, upon the following roll call vote: AYES: COUNCILMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~fTEST: '[)JLk %J Vicki Lynn asad, City Clerk APPROVED AS TO FORM: , /l II' {(:, l/\fj. i' .,/( ! /' it .,~ "t~'./Ii ..: ,', / / i /v, ,.,C elL t;~L(d':L Birbara Leibold, City Attorney City of Lake Elsinore (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 8th day of October, 2002; approved upon second reading by title only on the 22nd day of October, 2002, by the following roll call vote: AYES: COUNCILMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: [ ~--- .. .~. BST~J\I-... C _OlUNCILMEMBERS: ()J,r\:~ ~. (r~ D, CITY CLERK CITY OF LAKE ELSINORE NONE NONE - (SEAL) STATE OF CALIFORNIA) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI 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. l086 of said Council, and that the same has not been amended or repealed. D#EDoN OjJl- <mCKI KASAD. CITY CLERK CiTY OF LAKE ELSINORE - (SEAL)