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HomeMy WebLinkAboutOrd. No. 1986-772ORDINANCE N0. 772 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RESCINDING EXISTING TITLE 17 OF THE LAKE ELSINORE MUNICIPAL CODE AND ADDING A NEW TITLE 17 TO SAID CODE WHICH SHALL BE KNOWN. AS THE "ZONING ORDINANCE," AND REPEAL- ING ALL ORDINANCES IN CONFLICT THEREWITH. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: In order to promote the growth of .the City in an orderly manner and to promote and protect the public health, safety, comfort and general welfare, the existing Title 17 of the Lake Elsinore Municipal Code is hereby rescinded in its entirety and a new Title 17, as contained in Exhibit "A," attached hereto and made a part hereof, is hereby added to said Code, and shall be known and may be cited as the "Zoning Ordinance." SECTION TWO: This ordinance shall take effect as provided by law. INTR August, 1986, i AYES: NOES: ABSENT: ABSTENTIONS:' ODUCED AND PASSED UPON FIRST READING this j4th day of upon the following roll call vote: COUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER, STRIGOTTE COUNCILMEMBERS: NONE COUNCILMEMBERS: VERMILLION COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of August, 1986, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: VERMILLION r Leo ri tte, Mayor ATTEST: Ann Oliver, Cay Clerk (SEAL) STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. I, Jo Ann Oliver, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on August 14, 1986 and had its second reading on August 26, 1986 , and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: VERMILLION ANN OLIVER, CLERK CITY OF LAKE ELSINORE SEAL) STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. I, Jo Ann Oliver, 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is a full, .true and correct copy of Ordinance No. 772 of said Council, and that the same has not been amended or repealed. DATED: August 27, 1986 ANI OLIVER, CITY CLERK 4 ~ CITY OF LAKE ELSINORE SEAL) TITLE 17 ZONING CHAPTERS 17. 01 17. 02 17. 03 17. 04 17. 05 17. 06 17. 07 17. 08 17. 09 17. 10 17. 11 17. 12 17. 13 17. 14 17. 15 17. 16 17. 17 17. 18 7. 19 1. 7.20 17. 21 17. 22 17. 23 17. 24 17. 25 17. 26 17. 27 17. 28 17. 29 17. 30 17. 31 17. 32 17. 33 17. 34 17. 35 17. 36 17. 37 17. 38 17. 39 17. 40 17. 41 17. 42 17. 43 17. 44 17. 45 17. 46 17. 47 17. 48 17. 49 17. 50 17. 51 17. 52 17. 53 17. 54 17. 55 17. 56 17. 57 17. 58 17. 59 17. 60 17. 61 17. 62 17. 63 17. 64 17. 65 General Provisions Definitions Establishment of Districts S) Scenic overlay District L) Lakeshore Overlay District RCA) Resource Conservation Overlay District FR) Fault- Rupture Hazard-© werlay District PL) Potential Liquifacti. hn Overlay District FP) (Reserved for Flood Prone Overlay District) HPD) Hillside Planned Development Overlay District Reserved for Country Club Heights District) Residential Development Standards Home Occupations Residential Care Facilities Second Units R- R Rural Residential District R- A Residential Agricultural District R- H Residential Hillside District R- 1 Single- Family Residential District R- 2 Medium Density Residential District R- 3 High Density Residential District Condominium Conversions MC Mobile Home Community District Mobile Home Park Conversions OS Open Space District R Recreational District Reserved for Planned Unit Development District)Non- Residential Development Standards C- O Commercial- Office District Reserved for Central Business District) C- 1 Neighborhood Commercial District C- 2 General Commercial District C- P Commercial- Park District C- M Commercial Manufacturing District M- 1 Limited Manufacturing District M- 2 General Manufacturing District FXNTRTT °0" 268 Pages) 17. 66 17. 67 17. 68 17. 69 17. 70 17. 71 17. 72 17. 73 17. 74 17. 75 17. 76 17. 77 T7. 78 17. 79 17. 80 17. 81 17. 82 17. 83 17. 84 17. 85 17. 86 17. 87 17. 88 17. 89 17. 90 17. 91 17. 92 17. 93 17. 94 17. 95 17. 96 17. 97 17. 98 17. 99 Parking Requirements Reserved for Antennas) General Regulations Adult Entertainment Nonconforming Uses Conditional Use Permits Variances Noise Administration Design Review Amendments Hearings Signs Special Events SPD Specific Plan District CHAPTER 17. 02 DEFINITIONS Sections: Section 17. 02.010 Definitions Section 17. 02.020 Abut Section 17. 02.030 Access or Access Way Section 17. 02.040 Accessory Structure Section 17. 02.050 Accessory Use Section 17. 02.060 Adjacent Section 17. 02.070 Agriculture Section 17. 02.080 Alley Section 17. 02.090 Amenity Section 17. 02.100 Animal Hospital Section 17. 02.110 Antenna Section 17. 02.120 Apartment House Section 17. 02.130 Apartment Unit Section 17. 02.140 Architectural Feature Section 17. 02.150 Area, Gross Section 17. 02.160 Area, Net Section 17. 02.170 Automobile Parking Section 17. 02.180 Automobile Dismantling or WreckingSection17. 02.190 Bar Section 17. 02.200 Basement section 17. 02.210 Berm Section 17. 02.220 Bikeway Section 17. 02.230 Breezeway Section 17. 02.240 Buffer Area Section 17. 02.250 Building Section 17. 02.260 Building, Accessory Section 17. 02.270 Building Coverage Section 17. 02.280 Building Height Section 17. 02.290 Building, Main Section 17. 02.300 Building, NonconformingSection17. 02.310 Bus Turnout , Section 17. 02.320 Business Section 17. 02.330 Business Face Section 17. 02.340 Business Frontage Section 17. 02.350 Carport Section 17. 02.360 Circulation Element or Master Plan Section 17. 02.370 City Section 17. 02.380 Clinic Section 17, 02.390 Cluster Development Section 17. 02.400 Commercial Use Section 17. 02.410 Commission, Planning Commission Section 17. 02.420 Common Area Section 17. 02.430 Condominium, Condominium DevelopmentSection17. 02.440 Convalescent Home Section 17. 02.450 Conventional DevelopmentSection17. 02.460 Council, City Council Section 17. 02.470 Country Club Section 17. 02.480 County Section 17. 02.490 Court Yard Section 17. 02.500 Day Care, Large FamilySection17. 02.510 Day Care, Small FamilySection17. 02.520 Density, Gross Section 17. 02.530 Density, Net Section 17. 02.540 Design Review Section 17. 02.550 Director Section 17. 02.560 Display Frontage Section 17. 02.570 District Section 17. 02.580 Drive- in Section 17. 02.590 Drive- through Section 17. 02.600 Driveway Section 17. 02.610 Duplex Section 17. 02.620 Dwelling, Multiple- familySection17. 02.630 Dwelling, Single- family AttachedSection17. 02.640 Dwelling, Single- family DetachedSection17. 02.650 Dwelling Unit Section 17. 02.660 Eating Place Section 17. 02.670 Educational Institution Section 17. 02.680 Elementary School Section 17. 02.690 Employees Quarters Section 17. 02.700 Enclave Section 17. 02.710 Enclosed Building or Structure Section 17. 02.720 Enclosed Space Section 17. 02.730 Equestrian Trail Section 17. 02.740 Erect Section 17. 02.750 Exterior Boundary Section 17. 02.760 Facade Section 17. 02.770 Factory- built Home Section 17. 02.780 Family Section 17. 02.790 Farm Section 17. 02.800 Fast Food Place Section 17. 02.810 Fence Section 17. 02.820 Floor Area, Gross Section 17. 02.830 Floor Area Ratio Section 17. 02.840 Frontage Section 17. 02.850 Garage, Private Section 17. 02.860 Garage, Public Section 17. 02.870 Gasoline Dispensing Establishments Section 17. 02.880 General Plan Section 17. 02.890 Grazing Section 17. 02.900 Greenhouse Section 17. 02.910 Gross Lot Area Section 17. 02.920 Group Quarters Section 17. 02.930 Guest Quarters Section 17. 02.940 Home Occupation Section 17. 02.950 Homeowners Association Section 17. 02.960 Hospital Section 17. 02.970 Hotel Section 17. 02.980 Industry Section 17. 02.990 Infrastructure Section 17. 02.1000 Institutional Use Section 17. 02.1010 Island, Traffic Section 17. 02.1020 Junk Yard Section 17. 02.1030 Kennel Section 17. 02.1040 Kiosk Section 17. 02.1050 Kitchen Section 17. 02.1060 Land Use District Section 17. 02.1070 Landscaping Section 17. 02.1080 Lot Section 17. 02.1090 Loading Area Section 17. 02.1100 Loading Space Section 17. 02.1110 Lot Area Section 17. 02.1120 Lot, Corner Section 17. 02.1130 Lot Coverage Section 17. 02.1140 Lot, Interior Section 17. 02.1150 Lot, Key Section 17. 02.1160 Lot, Reversed Corner Section 17. 02.1170 Main Building or Structure Section 17. 02.1180 Main Use Section 17. 02.1190 Manufactured Home or HousingSection17. 02.1200 Mini- warehouse Section 17. 02.1210 Mixed Use Development (MXD)Section 17. 02.1220 Mobile Home Section 17. 02.1230 Mobile Home Park Section 17. 02.1240 Mobile Home Subdivision Section 17. 02.1250 Motel Section 17. 02.1260 Mound Section 17. 02.1270 Multi- phase DevelopmentSection17. 02.1280 Net Density Section 17. 02.1290 Net Lot Area Section 17. 02.1300 Non- Conforming Structure, Sign or BuildingSection17. 02.1310 Nonconforming Use Section 17. 02.1320 Nursing. Home Section 17. 02.1330 Off- Street Parking SpaceSection17. 02.1340 On- Street Parking SpaceSection17. 02.1350 Open Space, Common Section 17. 02.1360 Open space, Private Section 17. 02.1370 Open Space, Public Section 17. 02.1380 Parcel Section 17. 02.1390 Parking Area or Lot Section 17. 02.1400 Section 17. 02.1410 Section 17. 02.1420 Section 17. 02.1430 Section 17. 02:1440 Section 17. 02.1450 Section 17. 02.1460 Section 17. 02.1470 Section 17. 02.1480 Section 17. 02.1490 Section 17. 02.1500 Section 17. 02.1510 Sec~: ion 17. G2. 1520 Section 17. 02.1530 Section 17. 02.1540 Section 17. 02.1550 Section 17. 02.1560 Section 17. 02.1570 Section 17. 02.1580 Section 17. 02.1590 Section 17. 02.1600 Section 17. 02.1610 Section 17. 02.1620 Section 17. 02.1630 Section 17. 02.1640 Section 17. 02.1650 Section 17. 02.1660 Section 17. 02.1670 Section 17. 02.1680 Section 17. 02.1690 Section 17. 02.1700 Section 17. 02.1710 Section 17. 02.1720 Section 17. 02.1730 Section 17. 02.1740 Section 17. 02.1750 Section 17. 02.1760 Section 17. 02.1770 Section 17. 02.1780 Section 17. 02.1790 Section 17. 02.1800 Section 17. 02.1810 Section 17. 02.1820 Section 17. 02.1830 Section 17. 02.1840 Section 17. 02.1850 Section 17. 02.1860 Section 17. 02.1870 Section 17. 02.1880 Section 17. 02.1890 Section 17. 02.1900 Section 17. 02.1910 Section 17. 02.1920 Section 17. 02.1930 Section 17. 02.1940 Section 17. 02.1950 Section 17. 02.1960 Section 17. 02.1970 Section 17. 02.1980 Section 17. 02.1990 Section 17. 02.2000 Section 17. 02.2010 section 17. 02.2020 Section 17. 02.2030 Section 17. 02.2040 Section 17. 02.2050 Section 17. 02.2060 Section 17. 02.2070 Section 17. 02.2080 Section 17. 02.2090 Section 17. 02.2100 Section 17. 02.2110 Section 17. 02.2120 Parkway Patio House Permitted Use Pet, Household Philanthropic or Charitable Organization Planned Residential Development Planning Commission Planning Unit Area Planned Unit Development (PUD) Preliminary Site Plan Premises Private Public Public Utility Installation Quasi- public Recreational Apparatus or Vehicle Restaurant Rest Home Retail Room Addition Salvage Operation or Yard Sanitarium Sanitary Sewers Satellite Dish Antenna Scenic Easement Scenic Highway School School, Trade Screening Second Unit Senior Citizen Housing, Congregate Care Senior Citizen Housing, Individual Living Septic Systems Service Service Station Setback Shopping Center Sidewalk Sign Sign, Animated or Moving Sign, Area Sign, Free Standing Sign, Monument Sign, Pole Sign, Portable Sign, Roof Sign, Temporary Sign, Wall Small Family Day Care Home Specimen Tree Storage Area Story Street Street Furniture Structure Subdivision Swimming Pool Tavern Temporary Structure Temporary Use Terracing Tot Lot Tower Townhouse Tract Tract House Trailer Transfer of Development Rights TDR' s) Triplex Truck Terminal Undeveloped Land Unique Natural Feature Use Section 17. 02.2130 Variance Section 17. 02.2140 Veterinary Clinic Section 17. 02.2150 Wing Wall Section 17. 02.2160 Wrecking- Yard or Salvage Operation Section 17. 02.2170 Yard Section 17. 02.2180 Yard, Required Section 17. 02.2190 Zero Lot Line Development Section 17. 02.2200 Zone or Zoning District Section 17. 02.2210 Zoninq Ordinance Section 17. 02.010 Definitions. Unless the context otherwise requires, or unless different definitions are set forth in individ- ual titles, chapters, or sections of the Lake Elsinore Zoning Ordi- nance (Chapter 17), the words or phrases defined in this Chaptershallhavethemeaningandconstructionascribedtothemherein. When not inconsistent with the context, words in the singular shallincludethepluralandwordsinthepluralshallincludethesingu-lar. The word "shall" is mandatory and the word "may" is permis-sive. Words and phrases not defined in this chapter shall be asdefinedinthefollowingsourcesandinthefollowingorder: other chapters of the Municipal Code, definitions contained in CityadoptedChaptersoftheUniformBuildingCodes, definitions con-tained in legislation of the State. of California, Webster' s Dic- tionary. Section 17. 02.020 Abut. Contiguous to. For example, two (2)adjoining lots with a common property line are considered to be abutting. Section 17. 02.030 Access or access w~. The place, means or waybywhichpedestriansandvehiclesshallhavesafe, adequate andusableingressandegresstoapropertyoruse. Section 17. 02.040 Accessorv Structure. A structure, includingpatiocoverlocatedonthesamelotwithaprincipalbuildingserv-ing an incidental and secondary use to the main building or the useoftheland. It shall not apply to "Second Units." Section 17. 02.050 Accessorv Use. A use that is~ incidental and secondary to the principal use of the main building or the use ofthelandanddevotedexclusivelytothemainuseofthelotorbuilding. Section 17. 02.060 Adjacent. Means the same as abutting, however,public rights- of-way and major utility easement shall not be con-strued as separating "adjacent" uses. Section 17. 02.070 Aariculture. The tilling of soil, the raisingofcrops, horticulture, small livestock farming, dairying or animalhusbandryandrelateduses. Section 17. 02.080 Allev. A public or private way at the side orrearofpropertyprovidingsecondaryaccesstoabuttingproperties. Section 17. 02.090 Amenitv. A natural or man- made feature whichenhancesaparticularpropertybutmayormaynotbeanormalrequirementoftheZoningOrdinanceinordertodevelopthepro-perty. Section 17. 02.100 Animal Hospital. A place where animals or petsaregivenmedicalorsurgicaltreatment, and where the boarding ofthesameanimalsislimitedtoshort- term periods incidental to thehospitalcare. Section 17. 02.110 Antenna. Antenna means any system of wires,poles, rods, reflecting discs or similar devices used for trans-mission or reception of electromagnetic waves, including havingelementscarriedbyanddisposedfromagenerallyhorizontalboomwhichmaybemounteduponandrotatablethroughaverticalmastinterconnectingtheboomandasupportfortheantenna. Section 17. 02.120 Apartment House. A structure containing four4) or more apartment units. Section 17.. 02.130 Apartment Unit. One bath and kitchen facilities comprising an dwelling unit not owned in fee simple. or more rooms with private independent self- contained Section 17. 02.140 Architectural Feature. Apart, portion, or pro-jection that contributes to the beauty or elegance of a building or structure, exclusive of signs, that is not necessary for the struc- tural integrity of the building or structure or to make said build- ing or structure habitable. Section 17. 02.150 Area, Gross. The total horizontal. area within a lot or parcel of land or within a designated portion of a lot or parcel of land. Section 17. 02.160 Area, Net. That portion of a lot or parcel of land exclusive of public rights- of-way, public easements, majorutilityeasements, or other encumbrances which preclude the propertyownerfromhavingfulluseoftheentiresurfaceoftheland. Section 17. 02.170 Automobile Parking. Parking of operational and street legal motor vehicles on a temporary basis within an off- street parking area. Section 17. 02.180 Automobile Dismantling or Wrecking. The takingapartorstrippingofusedmotorvehiclesortrailers, or the stor- age, sale or salvaging of the vehicles or trailers and their metal or parts. Section 17. 02.190 Bar. An establishment used primarily for the serving of liquor, by the drink, to the general public. Section 17. 02.200 Basement. A story of a building or structure partially or wholly underground and not having more than four (4)feet of its height above the adjoining grade at any point. Section 17. 02.210 Berm. Man- made mound( s) of earth, eighteen (18)inches in height or higher used for decorative, screening or buffer-ing purposes. _ Section 17. 02.220 Bikeway. A paved pathway, usually separatedfromstreetsandsidewalks, designed to be used by bicyclists. Section 17. 02.230 Breezeway. A roofed passage way, open on atleastone (1) side, the design and construction of which is in keep-ing with that of the main building and which provides direct accessbetweenamainandattachedaccessarybuilding. Section 17. 02.240 Buffer Area. An area of land used to visiblyseparateoneusefromanotherortoshieldnoise, lights or otherpossiblenuisances. Section 17. 02.250 Building. Any structure built or maintained forthesupport, shelter or enclosure of persons, animals, chattels or property of any kind. The work "building" as used in this titleincludesthework "structure." Section 17. 02.260 Building, Accessory. Same as "accessory struc-ture." Section 17. 02.270 Building Coverage. The gross area of a lot or parcel of land occupied by all of the ground floor of a building orstructurewhichisunderroof. As a percentage, it is the relation-ship between the ground floor area of the building under roof and thenetareaofthesite. Section 17. 02.280 Building Height. The maximum vertical distancebetweenthegroundandtheuppermostpartofthestructurethroughanyverticalsection. Section 17. 02.290 Building. Main. A building within which is con-ducted the principal permitted use on the lot, as provided by thistitle. Section 17. 02.300 Building, Nonconforming. A building or a portionthereoflawfullyexistingpursuanttotheordinancesineffectatthe time of its construction or subsequent alteration, but which does not comply with any development criteria adopted at a later date. Section 17. 02.310 Bus Turnout. A paved indentation at the side of a roadway designed to allow buses to pick up and discharge passengers. Section 17. 02.320 Business. The purchase, sale or other trans- action or place thereof involving the handling or disposition of anyarticle, substance or commodity for livelihood cr profit, includinginaddition, operation or provision of any service or service estab- lishment; office building, outdoor advertising sign and/ or structure,recreational and/ or amusement enterprise conducted for livelihood or profit. Section 17. 02.330 Business Face. The square footage of the frontofthebuildingorstoreunit, computed by multiplying the lineal frontage by the height extending from finished grade to the ceil- ing line of the most upper story. For the purpose of this title,each side of the building or store unit upon which a sign may be located shall also be considered a business face. Section 17. 02.340 Business Frontage. The lineal footage of anysideofabusinessbuildingfacinganadjacentstreetortheunit' sdesignatedautomobileparkingareaanduponwhichasignmaybelocated. Section 17. 02.350 Car ort. A roofed structure, open on two or more sides, designed for automobile parking. Section 17. 02.360 Circulation Element or Master Plan. The adoptedCirculationElementoftheGeneralPlanoftheCityofLakeElsinorewhichdesignatesroutesforallstreetsandarterialhighwayswith-in the highways within the City. Section 17. 02.370 Citv. The City of Lake Elsinore. Section 17. 02.380 Clinic. An establishment where patients areadmittedforexaminationandtreatmentbyoneormorephysicians,dentists, psychologists or social workers and where patients arenotlodgedovernight. Section 17. 02.390 Cluster Development. A development designtechniquethatconcentratesbuildingsinspecificareasonthe sitetoallowtheremaininglandtobeusedforrecreation, common openspaceandpreservationofenvironmentallysensitivefeatures. Section 17. 02.400 Commercial Use. A business, normally involvingoffice, retail sales, or service uses. Section 17. 02.410 Commission. Planning Commission. The PlanningCommissionoftheCityofLakeElsinoreunlessanothercommissionisspecificallyreferenced. Section 17. 02.420 Common Area. Land in a development held incommonand/ or single ownership and not reserved for the exclusiveuseorbenefitofanindividualtenantorowner. Section 17. 02.430 Condominium. Condominium Development. A building,or group of buildings, in which units are owned individually, and thestructure, common areas and facilities are owned by all the owners onaproportionalbasis, as generally described in Section 783 of theCaliforniaCivilCode. Section 17. 02.440 Convalescent Home. See: "rest home." Section 17. 02.450 Conventional Development. A development otherthanacondominiumapartmentorclusterdevelopment, with each dwel-ling unit situated on a single residential lot of record and nothavingacommonwall. Section 17. 02.460 Council, Citv Council. The City Council of theCityofLakeElsinore. Section. 17. 02.470 Country Club. A club organized and operated primarily for social and outdoor recreation purposes, includingincidentalaccessoryusesandstructures. Section 17. 02.480 County. The County of Riverside. Section 17. 02.490 Court Yard. An open, unoccupied space, other than a required yard, on the same lot with a building or buildingsandwhichisboundedontwoormoresidesbysuchbuilding( s). Section 17. 02.500 D~ Care, Large Family. The use of a residen- tial dwelling unit and the lot upon which it is located for the daytime care of seven (7) to twelve (12) children inclusive, includ- ing any children who normally reside on the premises. Section .17. 02.510 Day Care. Small Family. The use of a residen- tial dwelling unit and the lot upon which it is located for the daytime care of six (6) or fewer children, including those who reside at the home. Section 17. 02.520 Density, Gross. The number of dwelling unitswithinthegrossareaofaprojectdividedbythetotalnumberof gross acres. Section 17. 02.530 Density, Net. The number of dwelling units within a project divided by the number of net acres. Section 17. 02.540 Design Review. The process of City review and approval of development proposals pursuant to the provisions of Chapter 17. 82 of the Municipal Code. Section 17. 02.550 Director. The Director of Community Develop-ment for the City of Lake Elsinore, or his designee. Section 17. 02.560 Display Frontage. The lineal footage of the front of an area used for display and sale of merchandise locatedoutdoors; typically the portion of a display area facing a street or automobile parking area. , Section 17. 02.570 District. A specifically delineated area ordistrictinamunicipalitywithinwhichregulationsandrequirementsuniformlygovernthatuse, placement, spacing, and size of land and buildings. Section 17. 02.580 Drive- in. An establishment which providesparkingfacilitiesandservicetothosefacilitiesinorderthat patrons may utilize on- site goods and/ or services without leavingtheirvehicles. Said drive- in service may be in conjunction with,or exclusive of, any other form of service, including drive- throughorconventionalseating. Section 17. 02.590 Drive- through. An establishment which offersserviceviaaconvenienceautomobiledriveaisleandassociatedfacilitiesinorderthatpatronsmayutilizegoodsand/ or serviceswithoutleavingtheirvehicles. Said drive- through service may beinconjunctionwith, or exclusive of, any other form of service,including drive- in or conventional seating. Section 17. 02.600 Driveway. An unobstructed paved area provid-ing access to a vehicle parking, loading, or maneuvering facility. Section 17. 02.610 Duplex. A structure on a single lot containingtwoapartmentunits, each of which 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 exterior to both dwelling units_ Section 17. 02.620 Dwelling, Multiple- family Means the same as apartment." Section 17. 02.630 Dwelling, Single- family Attached. Two dwellingunits, each owned in fee and located on individual lots but joinedalongasinglelotline, each of which is totally separated from the other by an unpierced wall extending from ground to roof. Section 17. 02.640 Dwellina, Sinale- family Detached. A dwellingunitownedinfeeandlocatedonanindividuallotwhichisnot attached to any other dwelling unit by any means. Section 17. 02.650 Dwellina Unit. A building designed exclusivelyfortheoccupancyofone (1) family for living and sleeping purposesandhavingakitchenfacilityforonlyone (1) family. Section 17. 02.660 Eatina Place. An establishment which is used for'the serving of food and beverages to patrons for compensations, exclu-sive of those .establishments offering only convenience seating (eight8) or fewer seats) or offering just take- out service. Section 17. 02.670 Educational Institution. A "school." Section 17. 02.680 Elementary School. A "school: for grades typi-cally kindergarten through eighth. Section 17. 02.690 Employees 4uarters. That portion of the mainbuildingoradetachedbuildingusedexclusivelyforthehousingofagriculturalanddomesticemployeesworkingonthepremiseswheresuchquartersarelocated. Section 17. 02.700 Enclave. A cluster or grouping of developmentinconformancewiththenaturalhillsidesandridgelineshavingasitspurposethecreationofameaningfulneighborhoodunitandthepreservationofsignificantamountsofhillsideandridgelineterraininitsnaturalstate. Section 17. 02.710 Enclosed Buildina or Structure. A buildingenclosedbyapermanentroofandonallsidesbysolidexterior wallspiercedonlybywindowsandcustomaryentranceandexitdoors. Section 17. 02.720 Enclosed S ace. An area enclosed on all sidesbyasolidphysicalbarrier, such as a solid wood fence or masonrywall. Section 17. 02.730 Eauestrian Trail. A natural surfaced path forequestrianuse. Section 17. 02.740 Erect. To build, construct, attach, hang,place, suspend, or fix with regards to a structure. Section 17. 02.750 Exterior Boundary. The perimeter of any lot or parcels of land or group of lots or parcels to be developed as` an integrated project. Section 17. 02.760 Facade. The exterior wall of a building. Section 17. 02.770 Factory- built Home. A dwelling unit that isconstructedandassembledatafactoryandtransportedtothebuilding' s site and placed on a prebuilt foundation. Section 17. 02.780 Family. One or more persons immediately relatedbyblood, marriage or adoption living together as a single house-keeping unit in a dwelling unit together with any domestic employees.A group of not more than six (6) unrelated persons living togetherasasinglehousekeepingunitwiththeirdomesticemployeesshallalsobeconsideredafamily. Section 17. 02.790 Farm. A parcel of land used for agriculturalactivities. Section 17. 02.800 Fast Food Place. An establishment which isusedfortheservingoffoodandbeveragestopatronsforcompensa-tion and which provides only convenience seating (eight (8) or fewerseats) and/ or offers just take- out service. Section 17. 02.810 Fence. Any device forming a physical barrierbetweentwo (2) areas and constructed of chainlink, louver, stake,masonry, or lumber in accordance with adopted City standards.. Section 17. 02.820 Floor Area, Gross. The total horizontal area of a building under roof, in square feet, including to the out- side of the exterior walls of all floors. Section 17. 02.830 Floor Area Ratio. The numerical value obtained by dividing the gross floor area of a building or buildings located upon a lot or parcel of land by the total net area of such lot or parcel of land. Section 17. 02.840 Frontaae. With regards to a lot, that side of a lot abutting on a street; typically, the front lot line. With regards to a building, see "business frontage." Section 17. 02.850 .Garage, Private. An enclosed building, or a portion of a building, used primarily for automobile parking. Garages shall not be used for habitation. Section 17. 02.860 Garage, Public. An enclosed building, other than a private garage, used for the maintenance or temporary storage of motor vehicles. Section. 17. 02.870 Gasoline Dispensina Establishments. A business including service stations and other places where motor fuels are dispensed. Section 17. 02.880 General Plan. The adopted General Plan of the City of Lake Elsinore. Section 17. 02.890 Grazina. The act of pasturing livestock on growing grass or other growing herbage or on dead grass or other dead herbage existing in the place where grown, as the principalsubsistenceofthelivestocksograzed. Section 17. 02.900 Greenhouse. A building or structure includinglathhouseswhichisdevotedsolelytothepropagation, protection or cultivation of flowers or other plants. Section 17. 02.910 Gross Lot Area Section 17. 02.920 Group Quarters. individuals. Same as "lot. area." A dwelling housing related Section 17. 02.930 Guest Quarters.A "second unit." Section 17. 02.940 Home Occupation. A use customarily conducted entirely within a dwelling and carried on by the inhabitants there- of, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof; it shall not be construed to mean any use which by its nature or scope adversely affects activities or causes sub- stantial diminution in the enjoyment, use or property values of pro-perty in the neighborhood. Section 17. 02.950 Homeowners Association. A community associa- tion which is organized within a development in which individual owners share common interests and responsibilities for open space,landscaping or facilities. Section 17. 02.960 Hospital. A facility licensed by the State Department of Public Health for the accommodation and medical care of sick, injured or inform persons and includes sanitariums, alcoholic sanitariums and institutions for the cure of drug addicts and mental patients. Section 17. 02.970 Hotel. Any building or portion thereof with access provided through a common entrance, lobby or hallway to six 6) or more guest rooms, and which rooms are designed, intended to be used or are used, rented or hired out as temporary, overnight, or weekly accommodations for guests. Section 17. 02.980 Industry. The manufacture, fabrication, process-ing or reduction of any article, substance or commodity or any othertreatmentthereofinsuchamannerastochangetheform, character or appearance thereof. In addition, it shall include trucking facil- ities. warehousing, storage facilities, businesses serving primarilyindustry, and similar enterprises. Section 17. 02.990 Infrastructure. Any and all of the public facil- ities and services needed for development of a lot or parcel of land. Section 17. 02.1000 Institutional Use. A non- profit or quasi- public use or institution, such as a church, library, public or private school, hospital, or municipally owned or operated building, structure or land, used for public purpose. Section 17. 02.1010 Island, Traffic. A raised barrier, sometimes landscaped, located in a vehicle travel path for the purpose of directing circulation patterns. Section 17. 02.1020 Junk Yard. See "wrecking and salvage yard." Section 17. 02.1030 Kennel. Any property where four or more dogsorcats, over the age of four months, are kept or maintained for the purpose of boarding, breeding, raising, or training. Section 17. 02.1040 Kiosk. A freestanding structure upon which temporary information and/ or posters, notices and announcements are posted. Section 17. 02.1050 Kitchen. Any area of a building intended or designed to be used or maintained for the cooking and/ or prepara-tion of food. Section 17. 02.1060 Land Use District. See "district." Section 17. 02.1070 Landscabina. The a combination of trees, shrubs, vines, In addition, the combination of designfeaturessuchasrockandstone,. and s but not limited to water elements, art rative walls, and benches. planting and maintenance of a ground cover, flowers or lawns. which may include natural ructural features, including works, decorative walks, deco- Section 17. 02.1080 Lot. Any numbered or lettered parcel shown on a recorded tract map, a record of survey recorded pursuant to anapproveddivisionofland, or a parcel map. Section 17. 02.1090 Loading Area. The portion of a site developedtoaccommodateloadingspacesincludingtherelatedaisles, accessdrives, and buffers. Section 17. 02.1100 Loadina S ace. An off- street space or berth.on the same lot and contiguous with the building it is intended to serve, for the temporary parking of commercial vehicles whileloadingorunloading. Loading spaces shall not make use of publicrights- of-way for the maneuvering of vehicles utilizing the spacenorshalltheyencroachinparkingareasordriveaisles. Section 17. 02.1110 Lot Area. The total area within the propertylinesofalot. Section 17. 02.1120 Lot, Corner. A lot at the junction of two ormoreintersectingstreetswithaboundarylinethereofabuttingoneachofthestreets. Section 17. 02.1130 Lot Coveraae. Section 17. 02.1140 Lot, Interior. or reversed corner lot. See "building coverage." A lot other than a corner lot Section 17. 02.1150 Lot, Key. A lot, the side line of which adjoinstherearlineofoneormoreadjoininglots. Section 17. 02.1160 Lot, Reversed Corner. A corner lot, the streetsideofwhichissubstantiallyacontinuationofthefrontlotlineofthefirstlottoitsrear. Section 17. 02.1170 Main Building or Structure. A building or struc-ture in which is conducted a main use of the lot or parcel of landuponwhichitissituated. Section 17. 02.1180 Main Use. Any use of a building, structure, or land which is not clearly and entirely incidental, secondary, or accessory to some other use on the same parcel or uhit of development. Section 17. 02.1190 Manufactured Home or Housing homes and refers to all housing units built in a more sections to the specifications of the Nation Housing Construction and Safety Standards Act of over the highways to a permanent occupancy site, the site with a permanent foundation. Includes mobile- factory in one or zal Manufactured 1974, transported and installed on Section 17. 02.1200 Mini- warehouse. A building or structure designed and/ or operated to provide individual spaces to the general public for the sole purpose of storage. Other uses of such facili- ties shall not be permitted. Section 17. 02.1210 Mixed Use Development MXD The development of a tract of land or building or structure with two or more different uses such as, but not limited to, residential, office, retail, public, or entertainment, in a compact urban form. Section 17. 02.1220 Mobile Home. A structure, transportable in one or more sections, which is at least eight (8) feet in width andthirty- two (32) feet in length, which is built on a permanent chassis and designed to be used as a dwelling unit, with or without a perma-nent foundation when connected to the required facilities. Section 17. 02.1230 Mobile Home Park. Any area or tract of land designed for the parking or other type of installation of mobile homes on spaces or lots offered for lease or rent, including all improvements, buildings, structures, recreation areas, or other facilities for the use of the residents of such development. Section 17. 02.1240 Mobile Home Subdivision. Same as "Mobile Home Park" except that lots are offered for sale or condominium ownership. Section 17. 02.1250 Motel. A building or group of buildings con- taining guest rooms or dwelling units designed, intended or used primarily for the accommodation of transient automobile travelers; including, but not limited to, buildings, or building group desig-nated as auto cabins, motor courts, or motor hotels. Section 17. 02.1260 Mound. A raised embankment of earth a minimum of eighteen (18) inches in height intended as a landscape featureand/ or to screen an area from sight or sound. Section 17. 02.1270 Multi- phase Development. A development projectthatisconstructedinincrements, each increment being capable of existing independently of the others. Section 17. 02.1280 Net Density. The average number of dwellingunitsdividedbytheprojectacreageexclusiveofpublicstreets and other public dedications. Section 17. 02.1290 Net Lot Area. The total area within the proper-ty lines of a lot exclusive of public streets or other public dedi- cations of any easements which preclude the property owner from hav- ing full use of the property for the purpose( s) for which it is designated. Section 17. 02.1300 Non- Conforming Structure. Sian or Building. A structure, sign or building, the size, dimensions of, location of, which was lawful prior to the adoption, revision or amendment to a zoning or district ordinance, but which fails by reason of such adoption, revision or amendment, to conform to the presentrequirementsofthezoningordistrictregulations. Section 17. 02.1310 Non- Conforming Use. A use of a building or property which was lawful prior to the adoption, revision or amend- ment to conform to the present requirements of the zoning ordistrictregulations. Section 17. 02.1320 Nursing Home. See "rest home." Section 17. 02.1330 Off- Street Parkina Space. A temporarystorageareaforamotorvehiclethatisnotlocatedonadedi- cated street right- of-way, dedicated or private. Section 17. 02.1340 Off- Street Parkina S ace. A temporary storageareaforamotorvehiclewhichislocatedonastreetright- of-way. Section 17. 02.1350 O en Space. Common. Any parcel or area of land or water set aside, dedicated, designated or reserved for use and enjoyment of all owners and occupants of a project. Usable Common Open Space shall constitute area( s) readily accessible, prac-tical, and generally acceptable for active and/ or passive recreation uses. In no case shall Common Open Space include required setback areas or contain structures other than those intended for landscapeorrecreationalpurposes. Section 17. 02.1360 Open Space. Private. A fenced or otherwise screened area designated for a specific tenant or resident andwhichisdevoidofstructuresandimprovementsotherthanpatiocoversorthosestructuresorimprovementsintendedforlandscapeorrecreationalpurposes. Section 17. 02.1370 O en Space, Public. Open space, maintained fortheuseandenjoymentofthegeneralpublic. Section 17. 02.1380 Parcel. An area, parcel, site, piece of land,.or property which is the subject of a development action. Section 17. 02.1390 Parking Area or Lot. A portion of a sitedevotedtothetemporaryparkingofmotorvehicles, includingtheactualparkingspaces, aisles, access drives, and related landscaped area. Section 17. 02.1400 Parkway. A portion of a street or highwayright- of-way between the back of the curb and the right- of-waylineandwhichisnotintendedtobeusedaspartoftheroadway. Section 17. 02.1410 Patio House. A single- family dwelling on aseparatelotwithopenspacesetbacksonthreesidesandwithacourt. Patio homes may be attached to similar houses on adjacentlotsandstillmeetthisdefinition. Section 17. 02.1420 Permitted Use. Any use allowed within districtregulationsandsubjecttotherestrictionsapplicabletothatZon-ing or Land Use District. Section 17. 02.1430 Pet, Household. An animal clearly consideredcustomarytoaresidentialuse, e. g., dogs, cats, birds, and fish. Section 17. 02.1440 Philanthropic or Charitable Organization. Anestablishmentengagedinthegivingoffoods, goods, financialassistance, or grants, or offering services or other socially use-ful programs on a benevolent, nonprofit basis. Section 17. 02.1450 Planned Residential Development. Same asPlannedUnitDevelopment." Section 17. 02.1460 Plannina Commission. The Planning CommissionoftheCityofLakeElsinore. Section 17. 02.1470 Plannina Unit Area. Parcels of land identi-fied within a specific plan land use map with a clearly identifiedlandusetitleandhavingestablishedregulatorycontrols. Section 17. 02.1480 Planned Unit Development PUD A developmenttobeconstructedbyapersonorcorporatebody, involving a varietyofresidentialdesigns, planned as a total entity, and subject to approval, development regulation and maintenance as comprehensivelanduseplan. Section 17. 02.1490 Preliminary Site Plan. A preliminary plandevelopedtoidentifythelocationandgeneralrelationshipbetweenlanduses, improvements, structures, circulation .,systems, land- scaping and design elements and typically submitted to the Director of Community Development for review and comment prior to any required formal submittal to the Planning Commission or City Council. Section 17. 02.1500 Premises. A lot or a building site, or a specified portion of a lot or building site, that contains the structures and the open .space needed for the location, maintenance and. operation of the use of the property. Section 17. 02.1510 Private. Belonging to or restricted for the use or enjoyment of particular persons. Section 17. 02.1520 Public. Belonging or open to, enjoyed and used by and/ or maintained for the public generally, but not limited to a facility the control of which is wholly or partially exercised by some governmental agency including the City of Lake Elsinore. Section 17. 02.1530 Public Utility Installation. Buildings and other structures and equipment owned and operated by a public utility or private utility company subject to regulation by .the State Public Utilities Commission. Section 17. 02.1540 Ouasi- public. A use which involves as its pri- mary purpose, the administration of a required government program or a government regulatory program. Section 17. 02.1550 Recreational Apparatus or Vehicle. Any device which may be used for camping or recreational purposes and which,with the exception of vehicle and/ or utility trailers, is not currently registered for operation on public streets including, but not limited to, camper units, shells, travel trailers, vehicle trailers, utility trailers, boats, airplanes, gliders, off- highwayvehiclesandotherdevicesusedforrecreationalpurposes. Section 17. 02.1560 Restaurant. An "Eating Place." Section 17. 02.1570 Rest Home. Premises operated as a boardinghome, and in which nursing, dietary and other personal services are furnished to convalescents, ihvalids, and non- ambulatory aged persons.It does not include premises in which persons suffering from a mental sickness, disease, disorder or ailment or from a contagious or com- municable disease are kept, or in which surgical or other primarytreatmentsareperformed, such as are customarily provided in sani- tariums or hospitals or in which persons are kept or served who normally would be admnittable to a mental hospital. Section 17. 02.1580 Retail. The selling of goods, wares or merchan- dise directly to the ultimate consumer or persons without a resalelicense. Section 17. 02.1590 Room Addition. An added room that takes access from interior of a principal residential unit. Section 17. 02.1600 Salvaae Operation or Yard. See "Wrecking and Salvage Operations." Section 17. 02.1610 Sanitarium. An institution where mental or drug addict patients are housed and where medical or post- surgicaltreatmentisprovided. Section 17. 02.1620 Sanitarv Sewers. Pipes that carry only domestic or commercial sewage and into which storm, surface, and ground waters are not intentionally admitted. Section 17. 02.1630 Satellite Dish Antenna. Satellite Dish Antenna means a parabolic and/ or disc- shaped antenna of either solid or mesh construction, intended for the purpose of receiving communications from an orbiting satellite transceiver. Section 17. 02.1640 Scenic Easement. An easement, the purpose of which is to limit development in order to preserve a view or scenic area. Section 17. 02.1650 Scenic Hiahwav. Any highway designated as a Scenic Highway. by an agency of .the city, county, state or federalgovernment. Section, 17. 02.1660 School. Public, parochial and other nonprofitinstitutionsconductingregularacademicinstructionatkindergarten,elementary, high school, and collegiate levels. Such institution.must either, 1) offer general academic instruction equivalent to thestandardsprescribedbytheStateBoardofEducation, or 2) conferdegreesasacollegeoruniversityofundergraduateorgraduatestanding. This definition does not include schools, academies or institutions, incorporated or otherwise, which operate for a profit,nor does it include commercial or trade schools. Section 17. 02.1670 School. Trade. Private schools offeringinstructioninthetechnical, commercial or trade skills. Section 17. 02.1680 Screenina. A method of visually shielding orobscuringoneabuttingornearbystructureorusefromanotherbyfencing, walls, berms, or densely planted vegetation. Section 17. 02.1690 Second Unit. A subordinate dwelling unit withcompleteandindependentlivingfacilitiesattachedtoorcontainedwithinasingle- family detached dwelling. Section 17. 02.1700 Senior Citizen Housing, Conareaate Care. Aresidentialcomplexintendedforthesoleoccupancybyresidentssixty- two (62) years of age and older and having a common diningfacilityandnokitchenfacilitiesintheindividualunits. Section 17. 02.1710 Senior Citizen Housing, Individual Living. Anapartment" complex intended for the sole occupancy by residentssixty- two (62) years of age and older. Section 17. 02.1720 Sebtic Svstems. An underground system tankusedforthedecompositionofdomesticwastes.. Section 17. 02.1730 Service. An act, or any results of usefullabor, which does not in itself produce a tangible commodity. Section 17. 02.1740 Service Station. A "gasoline dispensing estab-lishment" offering the sale of gasoline, oil, minor accessories, andminorrepairservicesdoneindoors .for the operation of motor vehi-cles but not including painting, body work, restoration, auto wreck-ing, salvaging, radiator rodding or rebuilding, and other thanoccasionalmajormotoroverhauls. Section 17. 02.1750 Setback. The area between the building lineandthenearestpropertyline. Section 17. 02.1760 Shoboina Center. A group of four (4) or morecommercialestablishmentsplanned, constructed, and managed as atotalentitywithcustomerandemployeeparkingprovidedon- site,provisions for goods delivery separated from customer access,aesthetic considerations, and protection from the elements. Section 17. 02.1770 Sidewalk. A paved surface or leveled areaseparatedfromthestreetandusedasapedestrianwalkway. Section 17. 02.1780 Sian. Any device or part thereof capable ofvisualcommunicationorattractionincludinganyannouncement, dec-laration, demonstration, display, illustration, insignia or symbolusedtoadvertiseorpromotetheinterestofanyperson, partner-ship, association, corporation, institution, organization, product,service, event, location or other business entity by any means,including words, letters, figures, design, symbols, fixtures,colors, illumination or projected images. "Sign" shall not includeandofficialnotice,. directional, warning, or information signs orstructuresissuedbyanyfederal, state, county or municipalauthority. Section 17. 02.1790 Sian, Animated or Moving. Any sign or part ofasignwhichchangesphysicalpositionbyanymovementorrotationofwhichgivesthevisualimpressionofsuchmovementorrotation. Section 17. 02.1800 Sian, Area. Means and is computed as theentireareawithinageometricpatternenclosingthelimitsof writ-ing, representation, emblem, or any figure together with any mater- ial or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed, provided that in the case of a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single display surface visible from any ground position. The supports, uprights, or structures on which any sign is supported shall not be included in determining the sign area unless such supports, uprights, or structures are designed in such a manner as to form an integral background of the display. Section 17. 02.1810 Sian, Free Standina. Any nonmovable sign not affixed to a building. Section 17. 02.1820 Sian' Monument. A free standing sign no taller than six (6) feet in height and which is incorporated into a pro-ject' s landscape design. Section 17. 02.1830 Sign' Pole. A free standing sign, the supports or uprights of which have received no substantial architectural enhancement. Section 17. 02.1840 Sian. Portable. Any movable external sign that is not permanently secured or attached to an approved structure,support, or anchor. Section 17. 02.1850 Sign, Roof. A sign erected wholly upon or above above the roof or highest horizontal plane of a building or structure. Signs placed on portions of a building, the structure of which serves primarily to circumvent the intent of this Section,shall be considered "Roof Signs." Section 17. 02.1860 Sian. Temporary. A sign intended to be dis- played for a limited period of time not to exceed 31 days. Such signs shall be constructed of cloth, canvas, fabric, wood, or plastic. Section 17. 02.1870 Sian. Wall. A sign of solid face construction or individual letters which is mounted to and parallel with an exterior wall of a building. Letter and figures incorporated into such signs shall protrude from the sign face. However, in no case shall any part of a wall sign extend more. than one (1) foot out from the surface of the wall upon which is is mounted. Section 17. 02.1880 Small Family Dav Care Home. See "Day Care,Small Family." Section 17. 02.1890 Specimen Tree. A tree of at least thirty- six36) inch box size. Section 17. 02.1900 Storaae Area. An area used or intended for the storage of materials, refuse, or vehicles and equipment not in service. Storage areas shall not incorporate any other areas of project development such as parking areas, landscaping, and yard areas unless specifically authorized by the applicable land use regulations. Section 17. 02.1910 Story. That portion of building between .the upper surface of any floor and the upper surface of the floor next above, except that if there is no floor above, then the space be- tween such floor and the ceiling or roof above. Section 17. 02.1920 Street. A public or private vehicular thorough-fare or right- of-way, other than an alley, which serves as primary access to a property or residential unit and which is wider than twenty- six (26) feet in width, curb to curb. Section 17. 02.1930 Street Furniture. Man- made, above- ground items that are usually found in a street right- of-way such as hydrants,manhole covers, benches, traffic lights and signs, utility poles and lines, parking meters, and the like. Section 17. 02.1940 Structure. Anything that is built or construc- ted and. requires a fixed location on the ground, including a build- ing, wall, .cover, or other edifice of any kind. Section 17. 02.1950 Subdivision. The division of a lot, tract, or parcel of land .into two or more lots, tracts, parcels or other divi-sions of land for sale, development or lease. Section 17. 02.1960 Swimming Pool. Any tank or pool created byartificialmeansanddesignedforthepurposeofcontainingabodyofwaterofferingthepossibilityofuseforswimming, bathing or total body immersion and any portion of which exceeds twenty- four24) inches in depth and which pool or tank is not readily portableindesignorconstruction. Section 17. 02.1970 Tavern. A "bar." Section 17. 02.1980 Temporarv Structure. A structure which is permitted within a land use district without any foundation of footing and which is removed when the designated time period, acti-vity, or use for which the temporary structure was erected has ceased. Section 17. 02.1990 Temporary Use. A use permitted within a land use district and established for a fixed period of time with theintenttodiscontinuesuchuseupontheexpirationofthetime period. Section 17. 02.2000 Terracing. An erosion control method that usessmallhillsandcontoursonthelandsurfacetocontrolfloodingandrunoff. Section 17. 02.2010 Tot Lot. An improved and equipped play areaforsmallchildren. Section 17. 02.2020 Tower. Tower means any fabricated structure ordevice, including guy wires, used to support one or more antennas as defined herein and to maintain said antennas at the properelevation. Section 17. 02.2030 Townhouse. A single- family attached dwellinginarowofsuchunitsinwhicheachunithasits. own front and rear access to the outside and no unit is located over another. Section 17. 02.2040 Tract. An area, parcel, site, piece of land,or property which is the subject of a residential development actioninvolvingfive (5) lots or more. Section 17. 02.2050 Tract House. A dwelling in a residentialdevelopmentcontaininghousessimilarinsizeandappearance. Section 17. 02.2060 Trailer. A structure standing on wheels, towedorhauledbyanothervehicle, and used for short- term human occupa-tion, carrying materials, goods or objects, or as a temporary office. Section 17. 02.2070 Transfer of Development Rights TDR' s Theremovaloftherighttodeveloporbuild, expressed in dwellingunitsperacre, from one parcel to another parcel where such trans-fer is permitted. Section 17. 02.2080 Triplex. A dwelling containing three (3)dwelling units, each of which has direct access to the outside ortoacommonwall. Section 17. 02.2090 Truck Terminal. Premises used for the parking,servicing, repairing, or storage including the storage for rental.or leasing purposes, of any truck except where such use is inciden-tal to a permitted use., servicing only said permitted use, and wholly owned by the owners of the permitted use. Section 17. 02.2100 Undeveloped Land. Land in its natural statebeforedevelopment. Section 17. 02.2110 Unique Natural Feature. That part of naturalenvironmentwhichaddscharactertoalocationandwhich, if alteredordamaged, cannot be artificially replaced. Section 17. 02.2120 Use. The purpose for which land or a building is occupied, arranged, designed or intended, or for which either land or building is, or may be, occupied or maintained. A use maybepassive. For example, parking and/ or storage is a use of property. Section 17. 02.2130 Variance. Permission to depart from the literal requirements of zoning ordinance because of a hardship to the proper- ty owner. A hardship may not be self- imposed nor shall economic con- siderations constitute the principal reason for the hardship. Anyvarianceapprovedshallbetheleastdeviationfromtheordinance necessary to alleviate the hardship. Section 17. 02.2140 Veterinarv Clinic. An "animal hospital." Section 17. 02.2150 Wina Wall. An architectural feature in excess of six (6) feet in height, which is a continuation of a building wall projecting beyond the. exterior walls of a building. Section 17. 02.2160 Wrecking Yard or Salvage Operation. Any opera-tion or the use of any portion of a lot for the dismantling of machinery, materials, goods or possessions, or for the storage and/ orkeepingforsaleofpartsandequipmentresultingfromsuchdismant- ling or wrecking, or for the storage or keeping of junk, including scrap materials, machinery, goods or possessions. Section 17. 02.2170 Yard. An open space that lies between the prin-cipal building and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward, except as may be specificallyprovidedforinthezoningordinance. Unless otherwise specified, a yard is fully landscaped. Section 17. 02.2180 Yard, Required. A yard, as defined herein, that occupies the area of a required setback. Section 17. 02.2190 Zero Lot Line Development. The location of a building on a lot in such a manner that one or more of the building' ssidesrestsdirectlyonalotlineandcomplieswithallfirecode requirements for construction on a lot line. Zero Lot Line Devel- opment shall not have the same meaning as "swap easement development." Section 17. 02.2200 Zone or Zoning District. See "district." Section 17. 02.2210 Zonina Ordinance. The comprehensive zoningordinanceoftheCityofLakeElsinore (Chapter 17). CHAPTER 17. 03 ESTABLISHMENT OF DISTRICTS Sections: 17. 03.010 17. 03.020 17. 03.030 17. 03.040 17. 03.050 Purpose -- Districts Designated. Suitability of Regulations. Boundaries -- Adopted. Boundaries -- Determination in Case of Uncertainty. Effect. Section 17. 03.010 Purpose -- Districts Desianated. In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and restrict the height and bulk of build- ings, and to regulate the area of yards and other open spaces about buildings, classes of districts are established. Section 17. 03.020 Suitability of Reaulations. In the creation bytheordinancecodifiedhereinoftherespectiveclassesofdistricts set forth in this chapter, the City Council has given due and care- ful consideration to the peculiar suitability of each and every such district for the particular regulations applied thereto, and the necessary, proper and comprehensive groupings and arrangement of the various uses and densities of population in accordance with a well considered plan for the development of the City. Section 17. 03.030 Boundaries -- Adopted. The boundaries of suchdistrictsasareshownuponthemapadoptedbytheordinancecodi- fied herein, or amendments thereto, are adopted and approved, and the regulations of this title governing the use of land and build- ings, building site areas, the sizes of yards about buildings and other matters as hereinafter set forth, are established and de- clared to be in effect upon all land included within the respectiveboundariesofeachandeverydistrictshownuponsaidmap. Section 17. 03.040 Boundaries -- Determination in case of uncer-tainty. Where uncertainty exists as to the boundaries of anydistrictshownonthemapadoptedinthischapter, the followingrulesshallapply: A. Where district boundaries are indicated as approximatelyfollowingstreetlines, alley lines or lot lines, suchlinesshallbeconstruedtobesuchboundaries. B. In unsubdivided property or where a district boundarydividesalot, the location of such boundary, unless the same is indicated by dimensions, shall be determined byuseofthescaleappearingonthemap. C. In case any further uncertainty exists, the PlanningCommissionshallinterprettheintentofthemapas to the location of such boundaries. D. Where any public street or alley is hereafter officiallyvacatedorabandoned, that portion of such street or alleyaddedtoanyparcelofprivatelandbyvirtueofsuchvaca-tion or abandonment, shall become a part of the district of which said parcel of private land is a part. E. Territory annexed to the City subsequent to the effective date of the ordinance codified in this section shall be subject to the provisions of Sections 65858 and 65859 of the Government Code of the State. Section 17. 03.050 Effect. Except as hereinafter otherwise pro-vided, the effect of the establishment of the districts shall be asfollows: A. No building, structure, improvement or portion thereof,designed, arranged or intended to be occupied or used for any purpose or in any manner other than those permitted by this title, or amendments thereof, in the district in which such building or structure is located or proposed to be located, shall be erected, constructed, or estab- lished, moved, altered, added to, enlarged, or used. B. No land or lot shall be used for any purposes or in any manner other than those permitted by this title, or any amendments thereto, in the district in which such land or lot is located. C. No building or structure shall be erected, constructed, structurally altered, built upon to exceed in height the limit for buildings or structures designated for the district in which such building or structure is located, and. no building or structure shall be moved into anydistrictwheretheheightofsuchbuildingwouldviolate the height regulations of the district. D. No building or structure shall be erected, reconstructed, structurally altered, or moved on any lot or buildingsiteastoencroachuponanyyardoropenspacerequired, or in such a way as to fail to conform to the yard, set- back, and open spaces or lot area required for the dis- trict in which such building is located. E. No trailer, trailer home or mobile home shall be used or occupied within any district of the City except pursuant to the provisions of Chapter 15. 44 of this Code, or for any amendments thereto, or for the storage of said trailer,trailer home, or mobile home, or as may be allowed within the Elsinore State Park, or as hereinafter provided. A trailer home or mobile home may be used and occupiedwithinanyoftheindustrialdistrictsprovidedthata written application is made to the City Council, who shall thereafter conduct a special hearing and may grant or deny said application at its sole discretion. In the event that a conditional exception is granted by the CityCouncil, it shall have the power to grant such exceptionforsuchperiodoftimeasitmayinitssolediscretion determine and upon such other terms and conditions as said City Council may require. CHAPTER 17. 04 SCENIC OVERLAY DISTRICT SECTIONS: 17. 04.010 Purpose. 17. 04.020 Application. 17. 04.030 Uses Permitted. 17. 04.040 Development Standards. SECTION 17. 04.010 Purpose. The Scenic Overlay District is inten-ded for use in areas of high scenic value to preserve and enhancethesevaluesandtoassureexclusionofincompatibleuses. The purpose of this Scenic Overlay District is to implement the policies of the General Plan Environmental Resources ManagementElementbypreservingasenseofopenspaceandimportantscenic and visual resources identified by the community. SECTION 17. 04.020 Application. In any base district where thedistrictsymbolisfollowedby, as a part of such symbol, paren-thetically enclosed letter, "S," thus (S), the additional require-ments, limitations and standards contained in this section shall apply. The district symbol shall constitute the "base district" and the "S" suffix shall constitute the "overlay district." Intheeventofconflictingprovisionsofsuchacombineddistrict,the requirements of the "S" district shall take precedence overtherequirementsofthebasedistrict. Uses permitted by the "S"district, must in each instance be in compliance with those usespermittedbytheapplicablebasedistrictregulationsandanyotheroverlaydistrictregulations. SECTION 17. 04.030 Uses Permitted. All uses permitted in the basedistrictaresubjecttoapprovalbythePlanningCommissionasrequiredbyChapter17. 82 and will be evaluated against the SiteDevelopmentstandardsofSection17. 04.040 of this chapter. SECTION 17. 05.040 Development Standards. A. Corridor planning: 1. The natural and aesthetic aspect of the site shall be retained and incorporated into all development plans; 2. Lagoons, water courses, wetlands and wildlife habitatsshallbemaintainedandprotectedwherefeasible; 3. Developments shall be of a design which acts to preserve scenic vistas and viewpoints and to minimize any detrimental impact to hillsides and open space. 4. All architectural elements shall be of a design,color and material that blends and enhances the surrounding scenic viewshed and the existingarchitecturalscheme. B. Roadway designs: 1. Streets and highways shall be designed in a manner which acts to minimize the adverse visual and physical impacts the roadway will have on the scenic corridor; 2. Scenic turnouts shall be provided at appropriatevistaorviewpointlocations; 3. Pedestrian, equestrian and bicycle trails shall beincludedinconformitywiththeGeneralPlan; 4. All roadways which cross major drainage courses be grade separated from trails and greenbelts established in conjunction with these features such a manner as to permit unencumbered use of trails and greenbelts; 5. Access points shall be limited along a scenic highway. shall in the C. Lighting: D. 1. Lighting within the ((S) "Scenic" District shall adhere to the lighting regulations provided for in the base zoning district; 2. All lighting shall be designed and located in a manner which does not disturb the scenic value or other public interests included within a scenic corridor. Utilities: 1. where practical, all new utilities, including the linkage between main line and structures, shall be underground. E. Grading: F G. 1. Siting and location of roads, buildings and other structures shall be engineered to minimize grading and to retain existing landforms and characteristics in a natural state; 2. Development projects shall be designed to utilize the natural grade rather than graded building pads; terrace, step- type building pads which substantially alter the natural contours shall be prohibited; 3. Where natural grade and cut- and fill slopes meet, there shall be a gradual transition from the graded slope to the natural configuration consistent with the topography within the area. Vegetation: 1. Landscape plans shall attempt to incorporate existingon- site trees and shrubbery into the landscaping scheme; 2. Landscape areas shall have irrigation facilities where necessary to maintain plan materials. The use of automatic watering systems will be considered; 3. Erosion retardant vegetation should be utilized on all cut and fill slopes. Such vegetation should be compatible with the surrounding natural vegetation; 4. Native fire- resistant plant material should be utilized along firebreak areas or near structures sited in a rural environment; 5. Tree species to be planted within a given corridor should be consistent with other tree species within the area. Signing: 1. All signs shall conform to the regulations pursuant to Chapter 17. 94 of this title. 2. All signs shall be designed and located in a manner which does not disturb the scenic value or other public interests included within a scenic corridor. CHAPTER 17. 05 L) LAKESHORE OVERLAY DISTRICT Sections: Section Section Section Section Section Section Section Section Section Section Section Section Section Section section 17. 05.010 Purpose 17. 05.020 Lake Shoreline Area Defined 17. 05.030 Definitions 17. 05.040 Permitted Uses 17. 05.050 Conditional Uses 17. 05.060 Prohibited Uses 17. 05.070 Violations 17. 05.080 Development Standards 17. 05.090 Parking 17. 05.100 Materials to be Submitted 17. 05.110 Nonconforming Uses 17. 05.120 Enforcement Authority17. 05.130 Imposition of Fines 17. 05.140 Administrative Appeal 17. 05.150 Liberal Construction - Conflict Section 17. 05.010 Purpose The purpose of the Lakeshore Overlay Zone is to insure that reten-tion of certain water areas and shoreline areas in water- orientedactivities. are in conformance with the Lake Elsinore. General Plan Any parcel in the Lakeshore Overlay District may be occupied by aprincipaluselistedinSection17. 05.040 or, when authorized bytheCityCouncil, by a Conditional Use listed in Section 17. 05.050.An additional purpose of the Lakeshore Overlay District is toimplementtherelevantGeneralPlanProgramsandgiveenforcementofviolatorsthereofashereindefined. Section 17. 05.020 Lake Shoreline Area Defined The Lakeshore Overlay District shall apply to the lake shoreline area defined as extending from Lakeshore Drive right- of-way south-westerly to the State Park ownership boundary or elevation 1240' MSLandfromMainStreetnorthwesterlytoIowaStreet, a distance ofapproximately3. 45 miles. In any base district where the district symbol is followed by, as apartofsuchsymbol, parenthetically enclosed letter( s), "L," thusL), the additional requirements, limitations and standards con-tained in this section shall apply. The district symbol shallconstitutethe "base district" and "L" suffix shall constitute the overlay district." In the event of conflicting provisions of suchacombineddistrict, the requirements of the "L" district shall takeprecedenceovertherequirementsofthebasedistrict. Uses per-mitted by the "L" district, must in each instance be in compliancewiththoseusespermittedbytheapplicablebasedistrictregula-tions and any other overlay district regulations. Section 17. 05.030 Definitions For the purpose of this title, certain words and terms are definedassetoutinthischapter. A. Littering - Litter shall include, but not limited to, will-ful or negligent throwing, dropping, placing, depositing,or sweeping, or causing any such acts, of any waste matter or materials on any land or water in other than specifiedapprovedstorage/ waste containers, as so designated. B. Private Encroachment - Private Encroachment shall include,but not limited to, any and every person who willfully ornegligently. commits a trespass by any of the followingacts: 1. Enters upon any private land, owned by any other person; 2. Any person entering upon any private land, not owned by that person; 3. Entering upon any land, owned by another or not by that person, whether posted or not by any person; and 4. Entering upon any land, owned by another or not by that person, posted or not, whether unenclosed or enclosed by prohibitive/ restrictive entrance, by any person. C. I11eaa1 Parkina of Vehicle - "Vehicle" shall be defined as outlined within the State of California Vehicle Code. Sllegal parking shall include, but not limited to, any person( s) in control of a vehicle, who willfully or negli- gently commits a parking violation by any of the .following acts: 1. A vehicle which has entered upon/ in or onto any private land, owned by another or not owned by that person, posted or not, whether unenclosed or enclosed by pro-hibitive/ restricted entrance; 2. A vehicle, which has entered upon/ in/along or onto any public lands, streets or right- of-way, that is postedinverbiage, stating, "No Parking, Stopping or Standing Tow Away Zone," or as prescribed by law, including State Highways. Section 17. 05.040 Permitted Uses Uses permitted in the Lakeshore Overlay District shall be as follows: A. Floats and dolphins for private pleasure craft; boating marinas and fishing facilities; boat rentals. B. Boating, at designated locations. . C. Swimming, at designated locations. D. Fishing, at designated locations. E. Publicly owned park, when in conformance with the Lake Elsinore General Plan. F. Existing occupied single- family residences and existing operated businesses. G. Jet ski rentals. H. Piers and docks for private pleasure craft. I. Restaurant, but excluding: 1. Establishments serving customers within their auto- mobiles on the premises or preparing food/ drink for consumption off of, or drive- away/through the premises; and 2. Establishments primarily preparing food/ drinks intended for consumption off the premises. J. Overnight camping is limited to authorized/ establishedState/ private facility, per Title 15, Chapter 44 of this Code and Section 17. 03.050; and registered private owners,by approved Special Camping Permit, issued by the City. All other camping, day or night, shall be prohibited and shall be enforced as provided herein. Section 17. 05.050 Conditional Uses The following uses are allowed in the Lakeshore Overlay District pro-vided a Conditional Use Permit has been granted by the City Council, after notice and public hearing before the Planning Commission and City Council: A. Campgrounds and picnic grounds (also requiring additional compliance with California State Ccde, Title 25). B. Tennis courts. C. Athletic fields. D. Play grounds. E. Hiking and bicycle trails- tracks. F. Recreational vehicle/ trailer parks (also requiring addi- tional compliance with California State Code, Title 25). G. Motels. H. Other retail uses as deemed similar to the above mentioned uses. Section 17. 05.060 Prohibited Uses Any uses not specifically listed as allowed, either as ownershiprightwithinPermitted/ Conditional Use or Special Permit, are prohibited, but not limited to, new residential dwellings, off- site advertising structures, storage of any kind unless connected with existing occupied residential dwellings but will be applicable to all other City Codes, parking lots and unauthorized vending/ peddlingandselling. Section 17. 05.070 Violations It shall be unlawful to litter, commit private encroachment, illegallyparkavehicle, all as defined herein, or to utilize property in a manner prohibited by Section 17. 05.060. Violations of this Chaptershallbetreatedasaninfractionoffenseforthe. first two (2) of any such violations and any subsequent violation may be treated andchargedaseitheraninfractionoramisdemeanorasdeterminedbytheCourt. Section 17. 05.080 Development Standards A. Ten thousand (10, 000) square feet minimum lot area. B. one hundred (100) feet minimum lot width. C. Minimum yard setback requirements shall be as follows: 1. All uses shall maintain a minimum setback of thirty (30) feet from Lakeshore Drive; 2. Side yard setback shall be five (5) feet; and 3. Rear yard setback shall be established by the City Council on a case by case basis. D. Fences may be erected within the Lakeshore Overlay District,subject to approval of architectural theme determined byPlanningCommission. No fees required to review. E. Stumps and dead trees to conform with existing MunicipalCodes. F. Access for any use must be approved by the Planning Division based upon: 1. Safety of approach; 2. Adequate facilities; and 3. Conformance to requirements as listed in the Lake Elsinore Municipal Code. G. Any use approved as a Conditional Use must conform to the Lake Elsinore General Plan and requirements for Scenic Corridors. Section 17. 05.090 Parkina Parking shall be allowed in conjunction or maintained in accordance with Sections 17. 05.040, 17. 05.050 and 17. 05.080, in addition to meeting all other City Codes. No other parking shall be permitted and is prohibited as defined within Section 17. 05. 030. C. Violations shall be enforced as herein provided. Section 17. 05.100 Materials to be Submitted In addition to all materials and procedures required by the City' s subdivision, zoning, building and grading regulations, and envir- onmental review procedures applicable to lake shoreline development projects falling within the scope of this Chapter, the following. application materials shall be required to be submitted for lake shoreline development projects: A. A plot plan reflecting the proposed project including representations of property lines, all records and proposed property lines, all recorded and proposed easements, and public right- of-way. B. A topographical map of the project site and adjacent terrain located within 150 feet of the project boundaries. C. A complete grading plan for the project. D. A landscaping plan which shall accurately show the final disposition of all existing trees on the project site and the type and extent of proposed vegetation. E. If the development project is within an area of special flood hazard, developer shall also submit a properly executed flood hazard deed notification document, which shall be recorded by the City to provide constructive notice to all future purchasers and encumberances concerning the flood hazard. Section 17. 05.110 Nonconformina Uses Any structure or use within the Lakeshore Overlay District which- does not comply with the provisions of this Chapter, but which is legally in existence, shall upon such date acquire the status of a lawfully nonconforming structure or use, subject to all Municipal Codes and Ordinances. A. Unoccupied structures and buildings subject to Section 15. 08.020, B. Campgrounds, unless a Conditional Use Permit is granted one (1) year is given to bring into conformance with all City Codes and State of California, Title 25. C. Foundations, walls and other concrete structures, not used for retaining purposes, not in conjunction or necessary z with existing or developed property, shall be removed within six (6) months. D. Open storage, storage trailers, vehicles and residential structures a legal manner to City E. Stumps and dead trees, immediately. structures, storage of materials, boats not related to existing are prohibited unless stored in Codes. if not under water, shall be removed F. Refuse materials shall be removed immediately. Section 17. 05.120 Enforcement Authority The City' s Law Enforcement Agency and Code Enforcement Officers are appointed inspectors to assure compliance with all provisions hereinandhavetherighttoenterfreeofcharge, at any time, upon anyplaceorparcelofland, to investigate and determine complianceand/ or to enforce and perform all the regulatory provisions of Chapter 17. 05.010 through 17. 05.140. In addition, the Code Enforcement Officers are hereby empowered toissuewrittencitations/ tickets to trespassers, persons who litterandillegallyparkedvehicle- violators, as defined in Section17. 05. 030. A, B, and C, whether the violator is physically present.or not, found within the areas as defined within Section 17. 05.020;these violations shall constitute a prima facia presumption thatthetrespasser, person who litters, and last registered owner ofrecordofvehicle, not having complied with the provisions ofSection17. 05. 030. A, B, and C, is responsible for such and is therebyliableforthecostofafineasimposedandestablishedhereafter. Section 17. 05.130 Imposition of Fines Any person or registered owner in control of a vehicle found inviolationofanyprovisionshereindefinedanddescribed, shall befined .with the following schedule: A. Litterina - Any person found shall be fined fifty dollars offense, one hundred dollars offense, and each additional charged as either an infract Court. in violation of littering50. 00) for the first 100. 00) for the second offense may be treated and ion or a misdemeanor by the B. Private Encroachment - Any person found in violation ofprivateencroachmentshallbefinedfiftydollars ($50. 00)for the first offense, one hundred dollars ($100. 00) forthesecondoffense, and each additional offense may betreatedandchargedaseitheraninfractionoramisde- meanor as determined by the Court. C. Illeaal Parked Vehicle - A minimum fine of fifteen dollars15. 00) shall be set for vehicle( s) found in violation. Section 17. 05.140 - Administrative Abpeal A. Any person aggrieved by or dissatisfied with the provisionsofthisChaptermayfileawrittenappealtotheCityCouncilasperCityCodesandOrdinances. B. Any person aggrieved by or dissatisfied with the enforce-ment of this Chapter may appeal to the Municipal Court as structured within due process of California law. Section 17. 05.150 Liberal Construction - Conflict The provisions of this Chapter shall be liberally construed toeffectuatetheirpurposes. If there is a conflict between thisChapterandanyotherprovisionsoftheMunicipalCode, the pro-visions of this Chapter shall prevail. CHAPTER 17. 06 RESOURCE CONSERVATION OVERLAY DISTRICT SECTIONS: 17. 06.010 Purpose. 17. 06.020 Application 17. 06.030 Uses Permitted Subject to a Conditional Use Permit. 17. 06.040 Procedure. 17. 06.050 Development Standards. SECTION 17. 06.010 Purpose. The purpose of the Resource Conservation Overlay is to provide for the preservation and conservation of various natural resources in order to satisfy immediate and long- term public and private objectives. This Overlay implements the policies of the City of Lake Elsinore Environmental Resources Management Element by providing for site specific actions which may include: public ac- quisition, establishment of open space easements, application of special land use controls such as cluster development, large lot zoning, or incorporating special design considerations into subdivision maps or special use permits. Resource conservation areas shall include, but are not limited to, ground water problem areas,biologically sensitive areas, native vegetation or wildlife habitats,construction quality sand and gravel areas, unique geologic formations, and significant archaeological and historical sites. SECTION 17. 06.020 Application. In any base district where the district symbol is followed by, as a part of such symbol, parenthetically enclosed letters, "RC", thus (RC), the additional requirements, limitations and standards contained in this section shall apply. The district symbol shall constitute the "base district" and the (RC) suffix shall constitute the "overlay district". In the event for conflicting provisions of such a combined district, the requirements of the RC district shall take precedence over the requirements of the base district. Uses permitted by the RC district,must in each instance, be in compliance with those uses permitted bytheapplicablebasedistrictregulationsandanyotheroverlaydistrictregulations. SECTION 17. 06.030 Uses Permitted Subject to a Conditional Use Permit. A. All uses permitted in the base district shall be permitted in the Resource Conservation Overlay District subject to the issuance of a Conditional Use Permit. B. Other uses permitted subject to a Conditional Use Permit include: 1. Preserves for native wildlife species; 2. Establishment of rest stops,~ vista points, and bicycle,pedestrian and equestrian trails, not including commercial sales and services; 3. Exploration and reconstruction of historical and archaeologicalsitesandstructures; 4. Permanent improvements needed for the protection of land and resources from fire, erosion, floods, slides, quakes, insects,,diseases and pollution; 5. Stations to monitor air quality, water quality and seismic activities; 6. Mining and quarrying. This permit does not exclude any other permits as required by other regulatory agencies or from review by said agencies. SECTION 17. 06.040 Procedure. Resource Extraction. All proposed resource extraction projectssubjecttotherequirementsofSection17. 06.030 shall include a development plan, operational statement, and rehabilitation plan. The following information shall be submitted: A. Development Plan which shall be reviewed by the PlanningCommissionpursuanttoallapplicationsandproceduresas set forthinChapter17. 82, Design Review, along with the Operational and Rehabilitation Plan. B. An Operational Statement., which .shall include: 1. The approximate date of commencement of the excavation and thedurationoftheoperation. 2. Proposed hours and days of operation. 3. Estimated type and volume of the excavation. 4. Method of extracting and processing, including the dispositionofoverburdenortopsoils. 5. Equipment proposed to be used in the operation of the excavation. 6. Operating practices proposed to be used to minimize noise,dust, air contaminants, and vibration. 7. Methods to prevent pollution of surface or underground water. C. A Rehabilitation Plan, which shall include: 1. A statement of planned rehabilitation, including methods of accomplishment, phasing, and timing. 2. A plan indicating: The final grade of the excavation; anywaterfeaturesincludedintherehabilitationandmethodsplannedtopreventstagnationandpollution; landscaping orvegetativeplanting; and areas of cut or fill. This plan, ifclearlydelineated, may be included with the Site Plan. For quarry applications, the final grade shall mean the approximate planned final grade. 3. A phasing plan, if the excavation of the accomplished in phases. This plan shall extent of each phase and the approximate 4. The method of disposing of any equipmenttheoperationoftheexcavationuponcombexcavation. site is to be indicate the area and timing of each phase. or structures used in letion of the D. The name, address, and signature of the property owners andapplicant. E. A written legal description or record of survey of the property. F. A fee, as established by resolution of the City Council. SECTION 17. 06.050 Development Standards. Within resourceconservationareas, special consideration shall be given to thespecificenvironmentalresource( s) present and the proposed use.Specific development standards shall be developed by the CommunityDevelopmentDirectorafterconsultationwiththeapplicantandaffectedvariouspublicagenciesandgroups. CHAPTER 17. 07 FAULT RUPTURE HAZARD OVERLAY DISTRICT SECTIONS: 17. 07.010 Purpose. 17. 07.020 Application. 17. 07.030 Uses Permitted Subject to a Conditional Use Permit. 17. 07.040 Procedure 17. 07.050 .Fault Rupture Hazard Analysis Procedure 17. 07.060 Fees SECTION 17. 07.010 Purpose. The purpose of the Fault Rupture Hazard overlay District is to protect life and property in the City of LakeElsinorefromhazardsofgeologicfaultingandsetrequirementsfor the evaluation of such areas prior to approval of any development per-mit or tentative map on the property. This Hazard Overlay District implements the policies of the Lake Elsinore General Plan and the provisions of the State of California Alquist- Priolo Special Studies Zones Act. The purpose of this overlay is to prohibit the locationofmoststucturesforhumanoccupancyacrosstracesofactivefaults and in landslide areas. SECTION 17. 07.020 Application. In any base district where the dis- trict symbol is followed by, as a part of such symbol, parentheti- cally enclosed letter, "FR," thus (FR), the additional requirements,limitations and standards contained in this section shall apply.shall apply. The district symbol shall constitute the "base district"and the "FR" suffix shall constitue the "overlay district". In the event of conflicting provisions of such a combined district, the re- quirements of the "FR" District shall take precedence over the re- quirements of the base district. Uses permitted by the "FR" District,must in each instance, be in compliance with those uses permitted bytheapplicablebasedistrictregulationsandanyotheroverlaydis-trict regulations. SECTION 17. 07.030 Uses Permitted Subject Conditional Use Permit. A. All uses permitted in the base district, ordinarily subject to a Conditional Use Permit are permitted which includes consideration and approval of a Fault Rupture Hazard Analysis in accordancewiththeproceduressetforthinSection17. 07.40. B. Conditions of approval shall include such recommended mitigation measures as are deemed appropriate to carry out the intent and purpose of this chapter. SECTION 17. 07.040 Procedure. No project application to which Sec-tion 17. 07.030 applies shall be deemed complete and/ or filed nor be accepted for filing until all Fault Rupture Hazard Analyses and documentation required hereunder, including any final Analysis, is completed for presentation to the City. SECTION 17. 07.050 Fault Rupture Hazard Analysis Procedure. A. Draft Fault Rupture Hazard Analysis 1. Prior to the commencement of a proposed discretionary proj-ject which is located either wholly or partially within anyareazoned (FR), requiring the approval of any developmentpermitortentativemap, the proponent of the project shall prepare, or cause to be prepared, a draft Fault RuptureHazardAnalysisandsubmitthedraftAnalysistotheDirec-tor of Community and Development Services. The Director ofCommunityandDevelopmentServices, or his designee, shall determine the number of copies of the draft Analysisrequiredtobesubmitted. Before completing the draft Fault Rupture Hazard Analysis, the preparer shall consult directly with any person whom or organization which the preparer believes will be concerned with the geologic haz- ards in the project area and with other public agenciesinvolvedincarryingoutorapprovingtheproject. 2. The draft Fault Rupture Hazard Analysis shall contain the following information, in form as approved by the Director of Community Development pertaining to the entirety of the proposed project: a. The Analysis shall be a combined in- depth geologic and soils investigation prepared by a registered geologist,certified by the State of California as an engineeringgeologistandbyalicensedcivilengineerqualifiedin soil mechanics. b. Required geologic and soils investigations shall include the following: 1) Text a) Purpose and scope of investigation b) Geologic setting c) Site description and conditions. Include information on geologic units, graded and filled areas, vegetation, existing struc- tures, etc., that may affect the choice of investigative methods and the interpretation of data. d) Methods of investigation i) Review of published and unpublished literature and records concerning geo- logic units, faults, ground- water bar- riers, etc. ii) Interpretation of aerial photographs and other remotely sensed images to detect fault- related topography, vegetation and soil contrasts, and other lineaments of possible fault origin. iii) Surface observations, including mapping of geologic units and structures, topo- graphic features, springs, deformation of man- made structures, etc., both on and beyond the site. iv) Subsurface investigations A) Trenching and other extensive excavations to permit detailed and direct observation of continuously exposed geologic units and features which must be carefully logged. B) Borings and test pits to permit collection of data on geologic units and ground water at specific locations. Data points must be sufficient in number and adequately spaced to permit valid correlations and interpretations. v) Geophysical investigations A) Seismic refraction B) Magnetic intensity C) Other (e. g., electrical resistivity,seismic reflection, gravity) vi) Other methods should be included when special conditions permit, or require- ments for critical stuctures demand, a more intensive investigation. A) Aerial reconnaissance overflights B) Geodetic and strain measurements, microseismicity monitoring, or other monitoring techniques. C) Radiometric analysis, stratigraphic correlation, soil profile develop- ment paleomagnetism, or other age- dating techniques to identify the age of faulted or unfaulted units or surfaces. e) Conclusions i) Location and existence (or absence) of hazardous faults on or adjacent to the site. ii) Type of faults and nature of anticipated offset: direction of relative displace- ment and maximum displacement that is possible. iii) Probability of or relative potential for future surface displacement. The likeli- hood of future ground rupture can seldom be stated mathematically, but may be stated in semi- quantitative terms such as low, moderate, or high. iv) Degree of confidence in and limitations of data and conclusions. f) Recommendations i) Set- back distances from hazardous faults, if appropriate. State and local law maydictateminimumstandards. ii) Risk evaluations relative to the proposeddevelopment-- professional opinions are acceptable. 2) References a) Literature and records cited and reviewed. b) Aerial photographs or images interpreted-- list type, scale, source, index numbers, etc. c) Other sources of information including well records, personal communications, and other data sources. 3) Illustrations - these .are essential to the understanding of the report and to reduce the length of text. a) Location map - identify site locality, significant faults, geographic features, seismic epicenters, and other pertinent data; 1: 24,000 is recommended. b) Site development map - show site boundaries, existing and proposed structure, graded areas, streets, exploratory trenches, borings, geo- physical traverses, and other data; recommen- ded scale is 1 inch equals 100 feet, or larger. c) Geologic map - shows distribution of geologic units (if more than one), faults and other stuctures, geomorphic features, aerial photo lineaments, and springs; on topographic map1: 24,000 scale or larger; can be combined with 3 (a) or 3 (b) . d) Geologic cross- sections, if needed to provide3- dimensional picture. e) Logs of exploratory trenches and borings -- show details of observed features and condi- tions; should not be generalized or diagram- matic. f) Geophysical data and geologic interpretations. 4) Statement of other public agencies havings approval authority over the project. 5) Statement of other persons and organizations consul- ted concerning the geologic effects of the project. 6) Appendix including supporting data not included above (e. g., Waterwall date). 7) Signature and registration number of the investiga-ting geologist/ civil engineer [preparer( s)]. B. Forthwith upon completion of the draft Analysis, the Director of Community Development, or his designee, shall: 1. Cause an independent evaluation and analysis of the draft Analysis to be conducted. Such independent evaluation and analysis may be referred by the Director, or his designee,to a registered geologist certified by the State of Cali- fornia as an engineering geologist and/ or a licensesd civil engineer qualified in soil mechanics retained by the Cityforpurposesofconductingsuchindependentevaluationand analysis; 2. Consult with and seek to obtain comments from any public agency which has jurisdiction by law with respect to the project; 3. Consult with and seek to obtain comments from any person or organization identified in the draft Analysis as beingconcernedwiththegeologichazardsintheprojectarea; and C. If the proponent of the project or the Director of CommunityDevelopment, or his designee, determines that a public hearingwouldfacilitatethepurposesandgoalssetforthinthis Chapter, conduct such a hearing. _If a hearing is to be con- ducted, all persons, organizations and public agencies iden-tified in the draft Analysis shall be notified of such hearing. D. Final Fault Rupture Hazard Analysis. 1. Immediately subsequent to the completion of the activities set forth in subparagraphs, the Director of Community and Development Services, or his designee, shall prepare a finalFaultRuptureHazardAnalysiswithrespecttotheprojectin question. 2. The contents of the final Fault Rupture Hazard Analysis shallconsistofthefollowing: a. The draft Special Geologic Study Zone Analysis or arevisionofthedraft; b. Comments and recommendations received with respect tothedraftSpecialGeologicStudyZoneAnalysis, eitherverbatimorinsummaryform; c. A list of persons, organizations and public agencies commenting on the draft Special Geologic Study Zone Analysis; d. The responses of the preparer and/ or the City to significant geologic hazards identified in the review and consultation process. e. Comments, recommendations, reponses and other material may be attached to the draft Special Geologic Study Zone Analysis and need not take the form of a complete revi- Sion of the entirety of said draft. The reponses to significant geologic hazards identified shall describe the disposition of such issues (e. g., revisions to the proposed project to mitigate the anticipated geologic impact). f. In the event that significant geologic hazards are identified or objections made, and mitigation or other measures to reduce the impact of such significant hazards are rejected, such rejections must be addressed in detail giving reasons why such specific measures were not accep- ted and factors of overriding importance warranting an override of the suggested mitigation measures. E. The final Fault Rupture Hazard Analysis shall then be presented to that agency of the City which first must consider the project. Such presentation shall not occur until at least 30 days subse- quent to the mailing of any notice specified in subparagraph 17. 07.040C. Such agency of the City shall certify that the final Fault Rupture Analysis, including any modifications, additions or deletions to the Analysis presented to the agency which the agency deems appro- priate, has been completed in compliance with this ordinance and that it has reviewed and considered the information contained in the Fault Ruture Hazard Analysis. Such certification shall be by resolution or minute motion and shall occur prior to the render- ing of any decision approving a project. Such certification, as well as any subsequent certification by the City Council, shall be completed within one (1) year from the date the application for the project is accepted as complete. All time limits de- scribed herein may be extended once for a maximum of 90 days if compelling circumstances justify such extension, and the appli- cant agrees thereto. If the City Council makes the final de- cision on a project subsequent to consideration thereof by another City agency, e. g., the Planning Commission, the City Council shall certify as stated above in this subparagraph 17. 07.040C. F. In the event that (a) a City agency is required to give notice of a public hearing which is to be conducted prior to that agency considering the project in question, and (b) the Fault Rupture Hazard Analysis process is applicable to said project, said notice shall include the notice specified in subparagraph17. 07.040C. hereof and the hearing in question shall include a hearing on the subject of the Fault Rupture Hazard Analysis. G. When a Special Geologic Study Zone Analysis identifies one or more significant geologic hazards in the project area, the project may be approved only by a written resolution which finds that: a. Changes or alterations have been required in, or incorpora- ted into, the project which mitigate or avoid the signifi- cant geologic hazards identified in the final Analysis; and/ or b. Such changes or alterations are within the responsibility or jurisdiction of another public agency and such changes have been or can and should be adopted by that agency; and/ or c. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final Analvsis. SECTION 17. 07.060 Fees. The proponent of any project for which aFaultRuptureHazardAnalysisistobepreparedshallberequired to pay a fee to defray the City' s cost of evaluating and analyzing anydraftFaultRuptureHazardAnalysisandthepreparationofanyfinalSpecialFaultRuptureHazardAnalysis. The fees required to defraytheCity' s costs shall be established by a resolution of the CityCouncil. CHAPTER 17. 08 POTENTIAL LIQUEFACTION {PL) OVERLAY DISTRICT Sections: 17. 08.010 Purpose 17. 08.020 Application 17. 08.030 Permitted Uses 17. 08.040 Uses Permitted Subject to Conditional Use Permit 17. 08.050 Procedure 17. 08.060 Potential Liquefaction Hazard Analysis Procedure 17. 08.070 Fees Section 17. 08.010 PURPOSE. The purpose of the Potential Lique-faction Hazard (PL) Overlay District is to protect life and proper- ty in the City of Lake Elsinore from the effects of seismic activityinareassubjecttoliquefactionandgroundlurching. This hazard overlay district implements the policies of the Lake Elsinore Gen- eral Plan to promote the public health, safety and general welfare of its citizenry. The purpose of this overlay is also to insure the review of all pro- posed discretionary projects within identified potential liquefaction areas by professional soil engineers and the incorporation of site specific recommendations and mitigation measures as conditions of approval. Section 17. 08.020 APPLICATION. In any base district where the district symbol is followed by, as part of such symbol, parenthe- tically enclosed letters "PL", thus (PL), the additional require- ments, limitations and standards contained in this section shall apply. The district symbol shall constitute the "base district" and the (PL) suffix shall constitute the "overlay district". In the event of conflicting provisions of such a combined district,the requirements of the PL district shall take precedence over the requirements of the base district. Uses permitted by the PL dis- trict, must in each instance be in compliance with those uses per-mitted by the applicable base district regulations and associated standards. Section 17. 08.030 PERMITTED USES. Uses permitted in this overlaydistrictshallinclude: A. Horticultural uses. Section 17. 08.040 USES PERMITTED SUBJECT TO THE ISSUANCE OF A CONDITIONAL USE PERMIT. A. All uses permitted in the base district, including ordinarily permitted uses and uses subject to a Conditional Use are subject to a Conditional Use Permit and Potential Liquefaction Hazard Analysisinaccordancewiththeproceduressetforthin Section 17. 08.060. B. Conditions of approval shall include such recom- mended mitigation measures as deemed appropriate to carry out the intent and purpose of this Chapter. Section 17. 08.050 PROCEDURE. No project application to which Section 17. 08.040 applies shall be deemed complete and/ or filed nor be accepted for filing until all the final Potential Hazard Liquefaction Analysis is completed for presentation to the City. Section 17. 08.060 POTENTIAL LIQUEFACTION HAZARD ANALYSIS PROCEDURE. A. Prior to the commencement of a proposed discre- tionary project, which is located either wholly or partially within any area zoned (PL), requiringtheapprovalofanydevelopmentpermitortentative map, the proponent of the project shall prepare or cause to be prepared, a draft Potential Liquefaction Analysis and submit the draft Analysis to the Director of Community Development. The Director of Community Development, or his designee, shall determine tY. e number of copies of the draft Analysis required to be submitted. Before completing the draft Potential Hazard Liquefaction Analysis the preparer shall con- sult directly with any person whom or organization which the preparer believes will be concerned with the geologic and soils hazards in the project area and with other public agencies involved in carrying out or ap- proving the project. B. The draft Potential Hazard Liquefaction Analysis shall contain the following information, in form as approved by the Director of Community Development, pertaining to the entirety of the proposed project: 1. The Analysis shall be a combined in- depth geologic and soils investigation prepared by a licensed civil engineer qualified in soil mechanics and registered in the State of California. 2. Required geologic and soils investigations shall include sufficient detail and recommendations to adequately address the Potential Liquefaction Hazard and suggest specific mitigation measures and conditions of approval to lessen this hazard to an acceptable level. Section 17. 08.070 FEES. The proponent of any project for which a Potential Liquefaction Hazard Analysis is to be prepared shall be required to pay a fee to defray the City' s .cost of evaluating and analyzing that Potential Liquefaction Hazard Analysis. The fees required to defray the City' s costs shall be established by a resolution of the City Council. CHAPTER 17. 09 FLOOD PRONE FP OVERLAY DISTRICT SECTIONS 17. 09.010 Purpose 17. 09.020 Application 17. 09.030 Uses Permitted in the FP- 1 District 17. 09.040 Uses Permitted Subject to a Conditional Use Permit in the FP- 1 District 17. 09.050 Uses Specifically Prohibited in "FP- 1" 17. 09.060 Nonconforming Structures - "FP- 1" 17. 09.070 Uses Permitted in the FP- 2 District 17. 09.080 Uses Permitted Subject to a Conditional Use Permit in the FP- 2 District Section 17. 09.010 PURPOSE The Flood Prone Overlay District (FP- 1 or FP- 2) is intended to be applied to those areas of the City which, under present conditions, are subject to periodic flooding and accompanying hazards. The objec-tives of the Flood Prone Overlay District shall be: A. To prevent loss of life and property to minimize economic loss caused by flood loss and the effects of seiches caused near the margins of Lake Elsinore by seismic acti- vity. B. Establish criteria for land management use in flood- prone areas that is consistent with that promulgated by the Federal Insurance Administration for the purpose of pro- viding flood insurance eligibility for property owners. C. To prohibit occupancy or the encroachment of any structure,improvement or development that would obstruct the natural flow of flood waters within a designated flood- way on the flood plain. D. To regulate and control uses below the elevation of the design flood flow within the remainder of the flood plain. The primary flood plain within the FP Overlay District is iden- tified as FP- 1. The secondary flood plain within the FP Over- lay District is identified as FP- 2. Section 17. 09.020 APPLICATION In any base district where the district symbol is followed by, as a part of such symbol, parenthetically enclosed letters, "FP", thus FP); the additional requirements, limitations and standards contained in this section shall apply. The district symbol shall con- stitute the "base district" and the (FP) suffix shall constitute the primary district." In the event of conflicting provisions of such a combined district, the requirements of the FP district shall take precedence over the requirements of the base district.. Uses per-mitted by the FP district, must in each instance be in compliancewiththoseusespermittedbytheapplicablebasedistrictregulations and any other overlay district regulations. Section 17. 09.030 USES PERMITTED IN THE FP- 1 DISTRICT A. Horticultural Uses B. Public utility wires and pipelines for transmission and local distribution purposes which have been properly flood- proofed. Section 17. 09.040 USES PERMITTED SUBJECT TO A CONDITIONAL USE PERMIT IN THE FP- 1 DISTRICT A. Temporary and readily removable structures accessory to horticultural uses. B. Recreation areas, parks, campgrounds, playgrounds, fishinglakes, riding and hiking trails, golf courses, golf driving ranges, athletic fields, parking lots, all of which involve only the open use of land without permanent structures or improvements. C. .Excavation and removal of rock, sand, gravel and other materials. D. Agricultural uses. The conditional use permits shall be subject to review and CityEngineerpreliminaryapprovalpriortoPlanningCommission approval. This is for the purpose of minimizing obstruction to flood way. Section 17. 09.050 USES SPECIFICALLY PROHIBITED IN "FP- 1" The following. uses are specifically prohibited in the "FP- 1" district: A. Any fill, encroachment, or other construction which wouldincreasefloodlevels. B. Excavations that will tend to broaden the flood plain or direct flood flows out of the natural flood plain. C. Permanent structures.. of any kind other than flood control related improvements. Section 17. 09.060 NONCONFORMING STRUCTURES - "FP- 1" Structures existing on any premises on the effective date of anyapplicationoftheFP- 1 district, which are inconsistent with theprovisionsthereof, will be allowed to remain, except that: A. The provisions of Title 17, Chapter 17. 22 pertaining to nonconforming structure and uses shall apply to any struc- ture or use made nonconforming by this section. B. The enlargement, expansion, extension or change in use of any structure will not be permitted. C. Storage of floatable substances or materials which will add to the debris load of a stream or water- course. D. Improvements, developments or encroachments which will endanger life and property or that will obstruct the natural flow of flood waters or impair the ability of the designated floodway to carry and discharge the waters resulting from the design flood such that the natural water profile will not be raised. Section 17. 09.070 USES PERMITTED IN THE FP- 2 DISTRICT A. All uses permitted in the FP- 1 District. B. All uses permitted in the respective base zone with which the FP- 2 district is combined; provided that the lowest inhabitable floor level of any buildings, structures, and uses is a minimum of one foot (1') above flood profilelevelasshownontheFloodPlainZoningMapoftheparti-cular area in question. Section 17. 09.080 USES PERMITTED SUBJECT TO A CONDITIONAL USE PERMIT IN THE FP- 2 DISTRICT A. All uses subject to a conditional use permit in the respective base zone with which the FP- 2 district is combined; provided that the lowest inhabitable floor level of any buildings, structures and uses is a mini- mum of one foot (1') above flood profile level as shown on the Flood Plain Zoning Map of the particular area in question. The conditional use permit shall be subject to review by the City Engineer and Chief Building Official to insure that ade- quate flood- proofing and/ or flood protective measures have been adopted. CHAPTER 17. 10 HILLSIDE PLANNED DEVELOPMENT OVERLAY DISTRICT SECTIONS: Section 17. 10.010 Purpose Section 17. 10.020 Permitted Uses Section 17. 10.030 Hillside Development Project Defined Section 17. 10.040 Materials to be Submitted Section 17. 10.050 Additional Materials which may be Required on Hillside Development ProjectsSection17. 10.060 Landscaping Section 17. 10.070 Grading Section 17. 10.080 Streets Section 17. 10.090 Setback Requirements Section 17. 10.100 Building Height on Slope Lots Section 17. 10.110 Accessory Building on Sloping Lots Section 17. 10.010 Purpose. It is the purpose of the Hillside OverlayZonetoprovideforthereasonableuseofhillsideareaswhileachiev- ing the following: A. Minimizing the danger imposed on the public health, safety, and welfare by soil erosion, slippage, flooding and fire. B. Minimizing the disturbance of the natural terrain and therebyconservingtheaestheticqualitiesaffordedbytheseareas. Accordingly, additional regulations must be to prevent unacceptable increases in hazard adverse changes in community character, and velopment of hillside areas consistent with acter and enhance public safety and general tion and management of significant environm~ applied to hillside areas and environmental damage, to promote orderly de- existing community char- welfare and the conserva- antal resources. Section 17. 10.020 Permitted Uses. The uses permitted in this zoneshallbethoseallowedintheunderlyingzonesestablishedpursuanttothistitle, and the requirements of this chapter shall be in addi-tion to and supplemental to the provisions of the underlying zone.If there is a conflict between the requirements of this Chapter and any other provisions of the Code, the provisions of this Chapter shall prevail. Section 17. 10.030 Hillside Development Project Define. ApplicationsforaHillsideDevelopmentPermitshallbefiledwithinthePlanningDivisioniftheprojectiswithinthedesignatedHillsideDevelop-ment District area adopted by resolution of the City Council. In any base district where the district symbol is followed by, as a part of such symbol, parenthetically enclosed letters "HPD", thus HPD), the additional requirement, limitations and standards containedinthissectionshallapply. The district symbol shall constitute thebasedistrict" and the "HPD" suffix shall constitute the "overlaydistrict". In the event of conflicting provisions of such a combineddistrict, the requirements of the "HPD" district shall take precedenceovertherequirementsofthebasedistrict. Uses permitted by theHPD" district, must in each instance be in compliance with those usespermittedbytheapplicablebasedistrictregulationsandanyother overlay district regulations. Section 17. 10..040 Materials to be Submitted. In addition to allmaterialsandproceduresrequiredbytheCity' s subdivision, zoning,building and grading regulations,. and environmental review proceduresapplicabletoHillsideDevelopmentProjectsfallingwithinthescopeofthisChapter, the following application materials shall be re- quired to be submitted for all Hillside Development Projects: A. Plot plan reflecting the proposed project, including representa-tions of property lines, all recorded and proposed propertylines, all recorded and proposed easements, and public right- of-way. B. A topographical map of the project site and all adjacent terrain located within fifty feet of the project boundaries. C. A complete grading plan for the project. D. A landscaping plan shall accurately show the final disposition of all existing trees on the project site and the type and extent of proposed vegetation, including provisions for ongoing main- tenance and irrigation thereof. Specific consideration should be given to: Vegetation on newly formed slopes. Insure slope stability. 3. Provide ongoing maintenance of vegetation associated with roadway and with private driveways of more than one hundred fifty feet in length or serving more than one building site. Section 17. 10.050 Additional Materials which m~ be Reauired on Hill- side Development Projects. City staff, Planning Commission and CityCouncilmayrequireanyorallofthefollowingmaterialstobesub- mitted if necessary to properly review and act upon a Hillside Devel- opment Project: A. All proposals for development in areas of known geologicalhazardsshallbeaccompaniedbyadetailedgeological report prepared by a recognized engineering geologist, con- taining conclusions and recommendations regarding the effect of geologic conditions on the proposed development. B. A soils engineering report which shall include, but not be limited to, data regarding the nature, distribution and strengths of existing soils, conclusions and recommenda- tions for grading procedures, design criteria for any identified corrective measures, and opinions and recom- mendations covering the adequacy of sites to be developed. This investigation report shall be performed by a profes- sional soils engineer who is experienced in the practice of soil mechanics and who is registered with the state. C. A hydrology report which shall include, but not be limited to, the hydrologic conditions on the site, possible flood inundation, downstream flood hazards, natural drainage courses, conclusions and recommendations regarding the effect of hydrologic conditions on the proposed develop- ment, opinions and recommendations covering the adequacy of the sites to be developed and design criteria to miti- gate and identified hydrologic hazards consistent with these regulations. This report shall provide consideration for each lot or dwelling unit site in a proposed Hillside Development Project. Run- off and debris amounts shall be computed using County Flood Control District criteria. The investigation and report shall be completed by a registered civil engineer experienced in the science of hydrology in- vestigation. Section 17. 10.060 Landscapina. A. A landscaping plan consistent with the standards set forth herein subject to approval by the appropriate body shall be submitted for all Hillside Development Projects. Failure to irrigate and maintain landscaping according to these approved plans shall be in violation of this Code. B. Landscaping shall emphasize the use and management of native plants. Care should be taken in plan selection and main- tenance to avoid plants of high flammability either due to their intrinsic quality or the cumulative effect of dense planting especially in proximity to structures. C. All native vegetation on property will be allowed to remain. If trees or groundcover are added they ,shall conform to the following requirements: 1. All groundcover within ten feet of the structure shall not be more than three feet in height. 2. Beyond this distance landscaping will be allowed to increase two feet in height for each additional linear foot beyond the ten foot boundary line established in this subsection. D. Trees and nonnative evergreen shrubs shall not be within ten feet of chimneys and should not otherwise present unusual fire hazards. Section 17. 10.070 Gradina. Grading requirements shall be those referenced in most recently adopted grading ordinance and attached diagram. Section 17. 10.080 Streets.. Street development standards shall be those referenced in the land division ordinance and attached diagram.The city engineer may impose special design considerations uponstreetsduetohealthandsafety, geologic, hydrologic, road main- tenance, or other reasons which may adversely affect the project.Appeal of City Engineer' s requirement shall go directly to the citycouncil. Section 17. 10.090 Setback Reauirements. Setback requirements must be consistent with the requirements of the underlying zoning desig-nation and the usable yard area requirements listed in this section. For the purposes of this section, "usable" is defined as having a gradient not exceeding that of the balance of the building pad, orfivepercent (5%), which ever is the lesser. A. Within Single- Family Districts a usable rear yard of at leastfifteenfeet (15') from building to slope shall be provided. B. Within Multiple- Family Districts a usable rear yard of at least ten feet (10') from building to slope shall be provided. C. Balconies or decks with a minimum dimension oP six feet (6')and equal to twenty percent (20%) of the dwelling area may be provided in lieu of the yard areas required above. Section 17. 10.100 slope of the land one foot (1') rise tance, the height the limit for the building. Buildina Heiaht on Slope Lots. If the average on which a building is situated is greater than a of fall per five feet (5') of horizontal dis- of the building may be ten feet (10') more than zone when measured from the downhill side of the Section 17. 10.110 Accessorv Buildina on Sloping Lots. In anyresidentialzone, detached accessory building shall have front,side and rear yards of the same minimum standards as is requiredbytheunderlyingzoningexceptashereinafterprovided. A. If the City Engineer determines that no hazard to pedestrian or vehicular traffic will be created, a garage or carport may be built to within five feet (5') of the street right- of-wayline, if the front half of the lot or buildingsiteslopesupordownfromtheestablished street grade at a slope graded one foot (1') for each five feet (5') horizontal distance. CHAPTER 17. 14 RESIDENTIAL DEVELOPMENT STANDARDS" Sections: Section 17. 14.010 Intent. Section 17. 14.020 Manufactured Housing. Section 17. 14.030 Temporary Uses. Section 17. 14.040 Agricultural Land Uses. Section 17. 14.050 Acoustical Analysis. Section 17. 14.060 Landscaping. Section 17. 14.070 Projections into Required Yards. Section 17. 14.080 Fences and Walls. Section 17. 14.090 Rear Treatments. Section 17. 14.100 Distances Between Structures. Section 17. 14.110 Mailboxes. Section 17. 14.120 Trash Storage Areas. Section 17. 14.130 Design: Single- Family Detached. Section 17. 14.140 Design: Attached Single- Family Family Dwellings. Section 17. 14.150 Circulation Patterns. and Multiple- Section 17. 14.010 Intent. The following general provisions are intended to apply to all projects within. the City of Lake Elsinore regardless of zoning district. However, these standards shall take precedence only when a specific zoning district regulation does not specify greater or more restrictive criteria. Where a provision is expressed as a design guideline, said provision shall be a principalfactorintheconsiderationofanyprojectandsubsequentapproval( s). Section 17. 14.020 Manufactured Housina. A. Definition: "Manufactured home" or "manufactured housing" shall include mobilehomes and refer to all housing units built in a factory in one or more sections to the specifications of the National Manufactured Housing Construction and Safety Standards Act of 1974, transported over the highways to a permanent occu- pancy site, and installed on the site with a permanent foundation. B. Locations: Manufactured housing shall be a permitted use in those areas of the city which meet the following requirements. 1. Single- family dwellings are permitted by the underlying zone. 2. Contain vacant lots compatible with manufactured housing use by reason of size and existing residential development. C. Desian Review Approval Reauired: Each manufactured home instal- led on a lot in a designated area shall require Design Review approval pursuant to Chapter 17. 82. D. Standards: Each manufactured home shall comply with all of the development standards of the applicable zoning district in which it is proposed to be located and meet the following additional minimum standards: 1. Each manufactured home shall be certified under the National Mobilehome Construction and Safety Standard Act of 1974. 2. Each manufactured home shall be placed on a permanent foun- dation system approved by the Director of Community Devel- ment and the Chief Building Official. 3. The exterior shall be of a material similar to that utilized in conventionally built single- family dwellings. 4. The roof shall be of a material similar to that utilized in conventionally built single- family dwellings, have an eave and gable overhang of not less than twelve (12) inches measured from the vertical side of the manufactured home and have a pitch not less than that required for conventionallybuiltsingle- family homes. 5. An enclosed garage shall be provided which is similar to that provided for single- family dwellings and the exterior sidingandroofmaterialsshallbethesameasthemanufacturedhome. Section 17. 14.030 Temporary Uses. The following temporary uses may be permitted upon review and conditional approval by the Direc- tor of Community Development. A. On- site model homes and temporary real estate offices. B. Temporary on- site construction offices/ facilities. C. Temporary living quarters during construction of residential dwelling units provided all required building permits are maintained in effect and work is diligently pursued. D. Continued use of an existing building during site preparation or construction of a new building. E. On- site real estate signs, future development signs and sub- division directory signs in conformance with the City SignOrdinance (Chapter 17. 94). The above uses shall be approved for a specified period of time, not to exceed one (1) year, and a performance bond may be required to remove any structures at the end of the approved period of use. Section 17. 14.040 Agricultural Land Use. In any district the use of the land for horticultural uses may be permitted to continue subject to a use permit pursuant to the provisions of Chapter 17. 74 until such time as the property is developed in accordance with the provisions of the district. Section 17. 14.050 Acoustical Analysis. Within all residential structures, noise levels from exterior sources shall be mitigated so as not to exceed an interior CNEL level of 45 dba with windows closed. To ensure that this standard is complied with, the follow- ing requirements shall apply: A. For projects consisting of four (4) or more single- familydwellingsoranynumberofmultiple- family dwellings, pro-posed to be located in an area where the noise level from any source has the potential to exceed a CNEL of 65 dba, an acoustical analysis, including on- site monitoring prior to building final, shall be performed by an engineer specializ-ing in acoustics. B. For projects consisting of four (4) or more single- familydwellingsoranynumberofmultiplefamilydwellings, pro-posed to be located in an area where the noise level from any source has the potential to exceed a CNEL of between 55 and 65 dba, the developer shall provide verification on the structural drawings for building permit, by an engineer specializing in acoustics, that the buildings will complywiththeCity' s 45 dba CNEL interior noise level requirement. C. For any project where residents may be subjected to an inter-mitten single event noise source which, though irregular in occurence, may cause an interior noise level of greater than 45 dba and therefore .prove to be a nuisance, the PlanningCommission, pursuant to design review approval, may requirethemitigationmeasurescontainedineithersubsectionsa and/ or b above. Section 17. 14.060 Landscaping.. All attached single- family,condominium, and/ or multiple- family projects shall have all landscap-ing and irrigation in at time of occupancy. All properties, shall be responsible for landscaping and maintenance of adjacent parkways. Section 17. 14.070 Projections Into Reauired Yards. Subject to the applicable design review approval, roof over- hangs and decorativearchitecturalfeaturessuchasfireplaces, bay windows, and similar elements may project a maximum of two (2) feet into any required yardsetbacks. Structural features such as exposed stair- cases and bal- conies may encroach a maximum of four (4) side and rear yard setbacks. However, in tion encroach closer than three (3) feet Section 17. 14.080 Fences and Walls. feet into any required no case shall any projec- to a property line.. A. Height: The required height of all side and rear property line fences or walls shall be a minimum of six (6) feet. However, along a major arterial the Planning Commis- sion, pursuant to design review approval, may require a minimum fence or wall height of eight (8) feet. In re- quired front yards the maximum height of a fence or wall shall be thirty- six (36) inches; with the exception that wrought- iron fences may be five (5) feet in height. The height of fences and walls shall be determined as mea- sured from the highest grade elevation on either side of the fence or wall. B. Materials: All tract perimeter walls and/ or any wall adjacent to any principal street identified in the General Plan Circulation element shall be constructed of decorative masonry block unless otherwise approved by the Planning Commission. However, nothing con- tained within this section is intended to preclude the Planning Commission from requiring similar walls under other circumstances. Section 17. 14.090 Rear Treatment. In order to improve the appear- ance of a project from adjacent right- of-ways, the rear elevation of any unit facing a right- of-way shall receive special architectural enhancement. Section 17. 14.100 Distances Between Structures. Where there is more than one structure on a site, the minimum distance between a structure used for human habitation and another structure shall be ten (10) feet, provided however, that an unenclosed, trellis- type cover may be used to connect the structures. Section 17. 14.110 Mailboxes. Curb- side mailboxes for single- fam-ily dwellings and communal mailboxes for multiple- family or condo- minium projects shall be installed pursuant to the design standard on file with the Building and Safety Division. The location of all mailboxes shall be reviewed with the Planning Division prior to in- stallation. Common- collection mailboxes should be located in deco- rative housings which incorporate similar materials, colors, and textures utilized on the main buildings. The area for the mailboxes should be of sufficient size to enable residents to pick up or depo-sit mail without have to encroach upon landscaping, walks, or parking. Section 17. 14.120 Trash Storaae Areas. Trash enclosures shall be constructed pursuant to the City' s standard design on file with the Department of Building and Safety. In addition, the following shall apply: A. Multi- family Projects: Enclosures shall be provided based on a ratio of one, three- cubic yard contained enclosure for each eight 8) dwelling units. Enclosures shall be placed in a location convenient to the dwelling unit( s) it is intended to serve; in no case, however, shall the enclosure be located further than one- hundred (100) feet from the associated unit( s). A decorative trellis work or other approved screening shall be incorporatedintothedesignofanyenclosurelocatedwithin25feetofa two- story building having windows overlooking the enclosure. B. Attached Single- Family Projects: Where there is no direct ac- cess to a yard area and trash containers may have to be carried through the dwelling unit, then a space shall be provided in the garage with a minimum area of eight (8) square feet, and said area shall not encroach upon the required parking space. Section 17. 14.130 Desian: Sinale- Family Detached. A. Siting: Houses should be designed and sited to conform to the natural terrain as much as possible and to take advan- tage of views. In tracts, houses should be located on their lots so as to create interest and varying vistas as a person moves along the street. In order to prevent a tract from exhibiting a row- house effect, no more than two adjacent residences should have the same setback; and the minimum setback variation should be three (3) feet. Care should be exercised that no house is located in such a manner to create an objectionable overview which invades the privacy of an adjoining unit. B. Architecture: The City encourages variations of architectural theme. However, it shall be the responsibility of the designer to coordinate the design with adjacent developments so that the design does not conflict with the character of the neighbor- hood as a whole. Within a tract, architectural styles should remain uniform. Material changes within a building shall be off- set in plane or an entirely different design element. Detailing of construction elements is another important consideration. For example,exterior metal portions of the structure (i. e. vent pipes and flashings) should be painted to blend with the adjacent roof or wall material. In addition, the vent pipes should be consoli- dated where possible by design. Also, thought should be given to locating mechanical units in some area other than the roof. Where units are located on the roof, then the units shall be screened in a manner that is architecturally integrated with the design of the house. C. Colors and Materials: No project should use the same color from house to house, however, no one structure should be at such variance with its neigh- bors that it detracts from the character of the street as a whole. D. Fencing: Solid fences or walls a minimum of six (6) feet in height shall be provided to screen side and rear yard areas from all streets. Solid fences should also be provided along side and rear lot lines of small lots,not located in hillside areas, to provide privacy and screening between lots. E. Roofing: All new dwelling units, and dwelling units which are completely reroofed, shall utilize roofing materials with a minimum Class "A" Fire rating. Section 17. 14.140 Design: Attached Single- Family and Multible- Family Dwellinas. The City of Lake Elsinore subscribes to the be-lief that attached housing can be interesting and attractive and represent an alternative housing form which offers its own distinc-tive amenities. The following development concepts shall be com- plied with by all attached single- family and multiple- family devel- opments in order to ensure attainment of these goals. A. Siting: Units that are clumped in square monotonous buildingsofferneitherprivacynorattractivestyling. There- fore, building orientations and setbacks should be varied to create changing vistas and to breakup the impact of long building lengths. Whenever possible, end units should be single story to lower the overall scale of the building. B. Architecture: Exterior treatments should be innovative and varied and employ much the same materials, ele- ments, and features to be found in single- familydetachedunits. Roof and wall planes should varynotonlyontheunit. but also between units. Pitched roofs should be used in lieu of flat roofs as they are more interesting and can lend detached character to a project. To prevent a tunnel" effect from being created around entries,the second story portion of any unit adjacent to the entry should be set back from the edge of the one- story roof. C. Privacy: Front and back walls should be staggered to block views from unit to unit. Front doors should be prominent yet separate to give units individual entry identity and yet provide privacy. Landscaped walkways and thought-ful uses of fencing and trellises should also be used to make doorways and courtyards more private. Consi- deration for privacy should also extend to upper floors where juxta- position of walls, wing walls, railings and similar architectural treatments can provide the neces- sary separation and buffering. D. Noise Intrusion: Care should be exercised that elements such as parking areas (whether covered or open) and recreation areas are adequately separated or buffered through design or architectural treat- ment to prevent impact on living areas of adja-cent units. E. Fencing: Where the yard area of a unit adjoins common open- space,fences and walls should be designed to use materials which are open (wrought- iron, etc.) and permit the occupant to view and enjoy the common area. F. Roofing: All new dwelling units, and dwelling units which are completely reroofed, shall utilize roofing materials with a minimum Class "A" Fire rating. G. Parking Structures: Parking structures should receive the same architectural consideration as the main living units and exhibit the use of similar materials, colors, and textures. The design threshold for freestanding carports should be rough- sawn wood framing with crushed- tile roofing. All required parking should be located within 100 feet of the unit it is intended to serve. H. Recreation Areas:- Recreation areas should be of sufficient size and shape to be practical and generally accep-table for the intended facilities. The area should be centrally located and be a predomi- nant visual feature within the project. Good visibility is especially important with regards to the location of children' s play areas. All recreational areas, however, should be located so as to provide adequate separation between the facilities and conflicting uses such as parking, drive aisles, or impacting uses on adjacent properties, so as to be convenientlyaccessiblefromanyportionoftheproject.In addition, the location should provide ade- quate separation for the facility from con- flicting uses such as parking, drive aisles, or impacting uses on adjacent properties. Section 17. 14.150 Circulation Patterns. Local residential street patterns should be encouraged to be indirect and to create identi-fiable access to minimize through traffic on residential neighborhoodstreets, thus promoting safety and high levels of psychologicalsecurity. Even the smallest of subdivisions should use cul- de-sacs,loop streets, motor courts, common or private courts to increase therichnessofinlyingneighborhoods. Streets should not directly connect through a subdivision but provideindirectaccess. Residential streets which connect higher orderstreetsoftenbecomeshortcuts, thereby increasing the traffic loadonpurelyresidentialstreetsandimpairingresidentialidentityandsecurity. An indirect local street system also can have a real effect on crime reduction as strange vehicles or persons are noticed and police have the advantage in pursuit and apprehension. Intersections should be avoided at curves, being better placed on tangents. The total number of intersections should be minimized. CHAPTER 17. 15 HOME OCCUPATION REGULATIONS Sections: Section 17. 15.010 Home Occupation - Defined Section 17. 15.020 Purpose Section 17. 15.030 Permit Required Section 17. 15.040 Application Procedure Section 17. 15.050 Standards of Operation Section 17. 15.010 HOME OCCUPATION - DEFINED. Home Occupation as used in this Chapter means any use customarily conducted entirelywithinadwellingandcarriedonbytheinhabitantsthereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character there- of; it shall not be construed to mean any use which by its nature or scope adversely affects activities or causes substantial diminution in the enjoyment, use or property values of property in the neighbor- hood. Section 17. 15.020 PURPOSE. These regulations are designed to insure that certain incidental and accessory uses may be established in resi- dential neighborhoods under specified conditions that will insure their compatibility with the neighborhood. They are intended to protect the rights of residents to engage in certain traditional home occupations that are harmonious with, but subordinate and incidental to a residential environment. Any occupation is permitted under this chapter provided it meets and complies with all the standards set forth herein. Section 17. 15.030 PERMIT REQUIRED. No person shall engage in a home occupation without first filing a permit application with the PlanningDivision. No business license shall be issued to the applicant bytheFinanceDepartmentuntilthehomeoccupationpermitisapprovedandissuedbythePlanningDivision. Section 17. 15.040 APPLICATION PROCEDURE. Application for a home occupation permit shall be filed with the Planning Division by the owner of the property for which the permit is sought or by a full- time tenant. Acceptance of an application does not constitute indication by the City of approval. Section 17. 15.050 STANDARDS OF OPERATION. All home occupationsshallcomplywiththefollowingregulationsandviolationsofthese regulations shall be cause for immediate revocation of the permitandtheapplicantshallbesubjecttopenaltiesasprovidedinthe Municipal Code: A. There shall be no direct sales or display of products,either wholesale or retail, on the premises. B. The use shall not generate pedestrian or vehicular traffic beyond that normal to the district or neighborhood in which it is located, considering both type and frequency of such traffic. C. The use shall not involve the use of commercial vehicles for delivery of materials to or from the premises, other than delivery services such as United Parcel Service which may normally be expected to serve a residential neighborhood. D. No signs shall be displayed in connection with the home occupation, and there shall be no advertising which can be construed as encouraging customers, clients or the public to visit the premises. E. There shall be no alteration of the residential character of the premises and in no way shall the appearance of the dwell- ing or an accessory building be so altered, or the conduct of the occupation be such, that the premises, dwelling, or accessory building may be reasonably recognized as serving a nonresidential use (either by materials, construction, color, lighting, signs, sounds or noise, vibrations, etc.) F. There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes as defined in the district. G. Storage and parking of vehicles on the premises, used in conjunction with the home occupation shall be limited to automobiles and light trucks, not exceeding one and a half 1- 1/2) ton capacity. H. No vehicle or trailer displaying signs shall be parked in a manner that would attract or draw attention to the premises. I. Any trailer or other towed vehicles used in conjunction with the home occupation shall be parked or stored behind the re- quired front yard setback and shall be screened from any publicright- of-way. J. No person shall work at the subject premises, or report for work at the subject premises, as part of the home occupation,other than members of the resident family who permanentlyresideonthepremises. K. The home occupation shall not involve maintenance of an officethatisopentopersonsotherthanmembersoftheresident family who permanently reside on the premises. L. The garage shall neither be altered nor used so as to reducethenumberof .parking spaces required by the district within which the use is located M. There shall be no outside storage of stock, merchandise, scrapsupplies, or other materials on the premises. N. Storage of any hazardous, toxic, or combustible materials associated with business operations shall be prohibited. CHAPTER 17. 16 RESIDENTIAL CARE FACILITIES" Section 17. 16.010 Purpose Section 17. 16.020 Definitions Section 17. 16.030 Permitted Uses Section 17. 16.040 Large Family Day Care Permit Required Section 17. 16.050 Development Standards Section 17. 16.010 Purpose. The State of California has enacted certain laws and regulations with the intent to provide for the care of children as well as mentally and physically handicapped persons in a residential environment. The purpose of this chapteristoimplementthoselawsandregulations. Section .17. 16.020 Definitions. A. Large Family Day Care Home:A home which provides family day care to seven (7) to twelve (1z) children inclusive, including children who reside at the home (as defined by the State Department of Social Services) for the periods of less than 24 hours per day, while the parents or guardians are away. B. Residential Care Facility: C. Small Family Day Care Home: A State authorized, certified, or licensed family care home, foster home, or group home serving six (6) or fewer mentally disordered or otherwise handicapped persons or dependent and neglected children on a 24- hour- a- day basis. A home which provides family day care to six or fewer children, including children who reside at the home (as defined by the State Department of Social Services) for periods of less than 24 hours per day, while the parents or guardians are away. Section 17. 16.030 Permitted Uses. Residential Care Facilities and Small Family Day Care Homes as defined herein shall be a permitted useinallresidentialzonesprovidedsaidusesarehousedwithinstruc- tures which comply with the development standards required of allstructureswithinthezoningdistrict. Section 17. 16.040 Larae Family Day Care Permit Required. OperationofaLargeFamilyDayCareHomesshallbesubjecttothereviewand approval of a Residential Care Permit by the Director of CommunityDevelopmentinaccordancewiththefollowing: A. Preinspection. Prior to application for a Large Family Day .Care Home, applicant shall request an inspection of the property byrepresentativesoftheDepartmentofCommunityDevelopmenttodeterminetheproperty' s compliance with the City' s current build-ing and zoning codes. The inspectors shall file a written reportindicatingcomplianceor, if the property and structures are notincompliance, the nature of any violations. The Director of Community Development in approving a Residential Care Permit shallincludecondition( s) as necessary to insure that all corrections are completed prior to beginning of operation of the Large FamilyDayCareHome. B. Applications. Following the requried preinspection, the applicantshallsubmitanapplicationfortheLargeFamilyDayCarePermitinaccordancewithsubmittalrequirementsonfilewiththePlan-ning Division which shall include, but not be limited to, the following data and plans: 1. Name and address of the applicant. 2. Statement that the applicant is the owner or the authorized agent of the owner of the property on which the Large Family Day Care Home is proposed to be located. 3. Address and legal description of the property (Assessor' s Parcel Number). 4. A list of all owners of property located within one hundred 100) feet of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these- properties. 5. Floor .plans and a site plan, fully dimensioned, indicating the type, use and location of all rooms, buildings, structures, parking, and landscape areas. 6. Proof of compliance with standards of the State Fire Marshal as adopted in Title 24 of the California Administrative Code. 7. The Director may require additional information or plans, if necessary, to determine whether a Residential Care Permit should be granted or denied. The Director may also authorize omission of any plans or drawings required by this action if he finds they are not necessary. C. Fee. The request for preinspection and the application for a Large Family Day Care Home shall be accompanied by a fee established by resolution of the City Council to cover all costs to the City. D. Decision by Director: 1. The Director of Community Development shall set a decision date on the Residential Care Permit for not more than thirty- one 31) days from the date the City received a fully completed application and fee. 2. Not less than ten (10) days prior to the decision date by the Director of Community Development, the City shall mail notice of the proposed use to all property owners as shown on the last equalized assessment roll within a one hundred (100) foot radius of the exterior boundaries of the proposed Large Family Day Care Home. 3. A decision on the Permit shall be made by the Director of Community Development without a formal hearing, unless one is requested by either the applicant or other affected persons. If so requested, the hearing shall be scheduled for the next available Planning Commission meeting and the Planning Commission shall hear the request. Unless other- wise appealed, the decision of the Director of Community Development shall be final. Section 17. 16.050 Development Standards. In accordance with the purpose of this Chapter, all Large Family Day Care Facilities shall comply with the development standards for the zoning district in which they are located, including, but not limited to the following: A. A six (6) foot high wood fence or masonry wall shall be erected around the side and rear property lines, behind the required front yard setback. B. Adequate parking and driveways, as required for the ZoningDistrictinwhichthefacilityislocated, shall be pro-vided. CHAPTER 17. 17 SECOND UNITS" SECTIONS: 17. 17.010 17. 17.020 17. 17.030 17. 17.040 17. 17.050 17. 17.060 17. 17.070 17. 17.080 Purpose. Definition. General Provisions. Preinspection. Application. Fee. Standards. Compliance. Section 17. 17.010 PURPOSE. The intent of this chapter is to ex- pand the mix of housing opportunities within the city by permittingthecreationofSecondUnitsasanaccessoryusetoexistingsingle- family detached dwellings while providing criteria to assure they are maintained as a harmonious and integral aspect of the single- family neighborhood. Section 17. 17.020 DEFINITION. For the purposes of this chapter,Second Unit" shall mean a subordinate dwelling unit with complete and independent living facilities attached to or contained within a primary single- family detached dwelling. Section 17. 17.030 GENERAL PROVISIONS. A single "second unit" shall be permitted subject to approval of a Conditional Use Permit pursuanttotheprovisionsofChapter17. 74 on any "R- R", " R- A", " R- H" or "R- 1" designated parcel which meets all the following conditions: A. Is an existing legally subdivided lot which complies with the minimum lot requirements for the zoning district or is found nonconforming. B. The lot contains only one (1) existing single- family detached dwelling which complies with the development standards for the zoning district or is found nonconforming. C. The lot contains no other "second unit." D. The occupant of either the existing primary unit or the "second unit" shall be the owner of both units. Sale or ownership of second units" separate from the primary residence is prohibited. All conditions of approval which the Planning Commission imposes in granting the requisite Use Permit shall be recorded on the propertythroughtheCountyRecorder' s Office and shall run with the land for as long as the use legally exists. Section 17. 17.040 PREINSPECTION. Prior to application for a "second unit" an applicant shall request an inspection of the property by representatives of the Department of Community Development to deter- mine the property' s compliance with the City' s current building and zoning codes. The inspectors shall file a written report indicating compliance or, if the property and structures are not in compliance,the nature of any violations. The Planning Commission in approving a Use Permit for a "second unit" shall include condition( s) as neces- sary to insure that all corrections are completed prior to issuance of building permits for the "second unit." Section 17. 17.050 APPLICATION. Following the required preinspec-tion, the applicant shall submit an application for "second unit" in accordance with submittal requirements on file with the PlanningDivisionwhichshallinclude, but not be limited to, the followingdataandplans: A. Name and address of the applicant. B. Statement that the applicant is the owner or the authorized agent of the owner of the property on which the "second unit"is proposed to be located. C. Address and legal description of the property (Assessor' s Parcel Number). D. A list of all owners of property located within three- hundred feet (300') of the exterior boundaries of the subject property;the list shall be keyed to a map showing the location of these properties. E. Floor plans and a site plan, fully dimensioned, indicating the type, use and location of all rooms, buildings, structures,parking, and landscape areas. F. Building elevation plans of sufficient detail to indicate the type and color or materials to be employed. G. The Director may require additional information or plans, if necessary, to determine whether a Conditional Use Permit shouldbegrantedordenied. The Director may also authorize omissionofanyplansanddrawingsrequiredbythisactionifhefinds they are not necessary. Section 17. 17.060 FEE. The request for preinspection and the appli-cation for a "second unit" shall be accompanied by a fee establishedbyresolutionoftheCityCounciltocoverallcoststotheCity. Section 17. 17.070 STANDARDS: A. Except as provided elsewhere in this chapter, "second units"shall comply with all of the development standards for newsingle- family detached dwelling units as specified for the basezoningdistrictinwhichitislocated, including, but not limit^~to, setbacks, height limitations, and maximum lot coverage. B. The following standards shall also apply: , 1. The total floor area of the "second unit" shall not exceed640squarefeet. 2. The architecture of the new unit shall be compatible withtheexistingunitandnotindeviancewithdevelopmenton neighboring properties. 3. One (1) off- street parking space shall be provided in addi-tion to that required for the primary unit. This space maybeopenbutshallnotbelocatedwithintherequiredfront yard setback. 4. There shall not be more than one exterior entrance on thefrontoronanystreetsideofthebuildingandnoexteriorstairwayshallbelocatedonthefrontofthehouse. 5. The primary residence shall continue to comply with theminimumstandardsapplicabletoasingle- family detached dwelling unit in the base zone even with the creation of a second unit, including but not limited to maximum lot coverage and minimum floor area criteria. 6. Second units shall not be detached, rather they must beattachedorcontainedwithinaprimarysingle- familydetacheddwelling. Section 17. 17.080 COMPLIANCE WITH GENERAL PLAN. A second unitwhichconformstothestandardsofthissectionshallnotbecon-sidered to exceed the allowable density for the lot upon which itislocatedandshallbedeemedtobearesidentialusewhichisconsistentwiththeexistingGeneralPlanandzoningdesignationforthelot. CHAPTER 17. 19 R- R: RURAL RESIDENTIAL DISTRICT" Section 17. 19.010 Section 17. 19.020 Section 17. 19.030 Section 17. 19.040 Section 17. 19.050 Section 17. 19.060 Section 17. 19.070 Section 17. 19.080 Section 17. 19.090 Section 17. 19.100 Section 17. 19.110 Section 17. 19.120 Section 17. 19.130 Section 17. 19.140 Section 17. 19.150 Section 17. 19.160 Purpose Permitted Uses Uses Subject to a Conditional Use Permit Accessory Uses Lots of Record Lot Area Street Frontage Width Setbacks Lot Coverage Building Height Minimum Dwelling Unit Size Animals Parking Signs Design Review Design Standards Section 17. 19.010 Purpose. The "R- R" District provides an opportunitytosetasideareasoftheCityforsinglefamilyresidentialdevelop-ment in accordance with the General Plan designation of "Very Low Density Residential" for those persons who wish to reside in a trulyruralsetting. The District also makes provision for compatible com- mercial uses which are land intensive and are normally with a non- urban environment. All uses however, shall be designed to be environ- mentally sensitive in order to minimize the impact of encroachment of development into the countryside and to maintain the region' s scenic characteristics. Section 17. 19.020 Permitted Uses. Uses permitted in this district shall include those uses listed below when developed in compliancewiththepurposeandintentofthischapter. 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. 19.40. C. Day care and residential care facilities pursuant to Chapter 17. 16. D. Public utility distribution and transmission facilities excludingprivateradio, television, and paging antenna and towers. E. Government buildings and service facilities. F. Public parks, playgrounds, community centers and recreation build- ings. 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 Chapter17. 14. Section 17. 19.030 Uses Subject to a 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 impactsurroundingpropertiesandthereforerequireadditionalapprovaland 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. Archery ranges. B. Cemeteries. C. Country Clubs. D. Fishing lakes. E. Fruit and vegetable stands. F. Golf courses and driving ranges. G. Guest ranches. H. 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 dwellingforpetsonlyandnotforcommericalpurposes; The Planning Com- mission shall impose adequate limitations to assure that the residential character of the property and neighborhood are main- tained. 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. R. Trailer and boat storage lots. Section 17. 19.040 Accessorv Uses. The following accessory buildingsandusesmaybelocatedonthesamelotwithapermitteddwelling, pro-vided that they remain clearly incidental and secondary to the primarypermitteduse, are found to be compatible with the residential charac- ter of the neighborhood, and that any buildings or structures be harmonious with the architectural style of the main building. A Uses: 1. Home occupations; subject to the completion and approval of an application for a home occupation issued by the PlanningDivisionandcompliancewiththeprovisionsofChapter17. 15. 2. Non- commercial hobbies. 3. Keeping of household pets (when no commercial activity is involved). For the purpose of this ordinance, a household pet is an animal clearly considered customary to a residen- tial use, e. g. dogs, cats, birds, and fish, but excludinglivestock. Said pets shall be limited to a maximum of six 6) weaned dogs and/ or cats. 4. Keeping of the following additional animals subject to the provisions of Section 17. 19.120: a. Equine, bovine or swine. b. Sheep and goats. c. Chickens, rabbits, and similar small animals. B.Structures: 1. Group I. Sheds, children' s playhouses, and similar enclosures of less than 120 square feet provided they do not exceed a maximum height of six and one- half (6- 1/2) feet. Such structures may be located on property line provided the design of the structure complies with the City' s Fire and Building Codes. 2. Group II. Unenclosed structures such as non- commercial stables, corrals, and appurtenant facilities for the keepingofanimals, carports, gazebos, and patio covers (bothtrellis- type and solid) as well as detached enclosed structures not included in Group I but containing less than 600 square feet of floor area. such as sheds, cabanas, children' s playhouses, and work shops, pro-vided they do not exceed a maximum height of fifteen 15) feet and are located no closer than five (5) feet to a property, or ten (lo) feet to a rear property line. Attached, enclosed structures in this category, such as garages and enclosed patios, shall be located no closer to a property line than the setback prescribed for the main dwelling unit. 3. Group III. Garages, stables, enclosed patios, workshops, cabanas, and similar enclosed structures containing 600 or more square feet of floor area, provided they are located no closer than twenty (20) feet to a public right- of-way or trail and no closer than ten (l0) feet to any other property line. 4. Group IV. a. Antennas, satellite dishes, and similar devices; subject to compliance with the provisions of Chapter 17. 67. b. Swimming pools, Jacuzzis, spas, and associated equipment; provided they may be permitted only within rear yard areas or the enclosed portion of a side yard. Pool equipment located within ten (lo) feet of a property line shall be separated from the adjacent property by a minimum six (6) foot high masonry wall. Otherwise there shall be no re- quired setback provided the design and installation complies with the City' s Building Codes. Trellis- type patio covers may be located in a front yard area but shall encroach not more than twenty (20) feet into the required setback. Section 17. 19.050 Lots of Record. Existing lots of record as of the date of adoption of this ordinance (August 26, 1986), which do not comply with the required minimum lot standards contained herein may be used as a building site for a permitted. use, provided the developmentcomplieswithallotherdevelopmentstandardsandcriteriacontained herein. Section 17. 19.060 Lot Area. The minimum lot area for any new lot created in the R- R District shall be two (2) acres. Section 17. 19.070 Street Frontage Width. The minimum street frontagewidthforanynewlotcreatedintheR- R District, shall be as follows: A. Standard lots: 160 feet B. Cul- de-sac lots: Seventy (70) feet; provided the average width is 1600 feet. Section 17. 19.080 Setbacks. The following minimum standards shall apply to all new construction within the R- R District: A. Front Yard: B. Side Yard: Thirty (30) feet. 1. Main Dwelling Unit: Adjacent to an interior lot line there shall be minimum side yard of twenty (20) feet. Adjacent to a public right- of-way the minimum side yard shall be thirty (30) feet. 2. Accessory Structures: C. Rear yard: 1. Main Dwelling Unit: In the rear one- half of the lot, as specified in Section 17. 19.040, 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- two (22) feet. Fifty (50) feet. 2. Accessory Structures: As specified in Section 17. 19.040, with the exception that where straight- in entry garage gains access via the rear yard, the set- back shall be twenty- two (22) feet. Section 17. 19.090 Lot Coverage. The maximum lot coverage in the R- RDistrictshallbetwenty (20%) percent. Section 17. 19.100 Building Height. Except as otherwise provided for accessory structures, the maximum building height in the R- R Districtshallbethirty (30) feet. Section 17. 19.110 Minimum Dwelling Unit Size. The minimum dwellingunitsizewithintheR- R District shall be 1, 400 square feet exclusiveofgaragearea. Section 17. 19.120 Animals. The keeping of animals as permitted inSection17. 19.40. (4) on the same lot with a permitted use shall bepermittedsubjecttocompliancewiththeprovisionsofSection17. 20.120 with the exception that the minimum lot area required to maintainsaidanimalsshallbeone (1) net acre. Section 17. 19.130 Parking. The provisions of Chapter 17. 66 shall beusedtodeterminetherequriedparkingfordevelopmentintheR- RDistrict. Section 17. 19.140 Si ns. The provisions of Chapter 17. 94 shall be used to determine signs in the R- R District. Section 17. 19.150 Design Review. No building permits shall be issuedfortheconstructionofanybuildingorstructureintheR- R DistrictuntiltheapplicanthasobtainedDesignReviewapprovalpursuanttotheprovisionsofChapter17. 82. The following exemptions shall apply: A. Additions or alterations to an existing structure which do not change the use from one permitted in the District and which does not increase the floor area by more than 50~. B. Group I, II, and IV accessory structures. C. Fences and walls. Although the above exempted structures do not need formal Design Reviewapproval, their proposed location and design must still be approved bytheDirectorofCommunityDevelopmentorhisdesigneepriortocon-struction or installation. Section 17. 19.160 Design Standards. Chapter 17. 14 contains residen-tial development standards applicable to all projects within the Cityregardlessofzoningdistrict. It is therefore important that theprovisionsofChapter17.. 14 be considered together with the regulationscontainedhereinfortheR- R District. CHAPTER 17. 20 R- A: AGRICULTURAL SINGLE- FAMILY RESIDENTIAL DISTRICT" SECTIONS: Section 17. 20.010 Section 17. 20.020 Section 17. 20.030 Section 17. 2- 0. 040 Section 17. 20.050 Section 17. 20.060 Section 17. 20.070 Section 17. 20.080 Section 17. 20.090 Section 17. 20.100 Section 17. 20.110 Section 17. 20.120 Section 17. 20.130 Section 17. 20.140 Section 17. 20.150 Section 17. 20.160 Purpose Permitted Uses Uses Subject to a Conditional Use Permit Accessory Uses and Structures Lots of Record Lot Area Street Frontage Width Setbacks Lot Coverage Building Height Minimum Dwelling Unit Size Animals Parking Signs Design Review Design Standards Section 17. 20.010 Purbose. The R- A District is intended to provideforthedevelopmentoflowdensity, quality single- family residences on estate sized lots, while allowing for the keeping of horses and other animals and the provision of community equestrian amenities. Also, these estate sized lots are intended to minimize the impact of development in environmentally sensitive areas which are not appropri-ate for higher density development. Section 17. 20.020 Permitted Uses. Uses permitted in this district shall include those uses listed below when developed in compliancewiththepurposeandintentofthischapter. 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 pursuanttoChapter17. 16. D. Public utility distribution and transmission facilities excludingprivateradio, television, and paging antenna and towers. E. Government buildings and service facilities. F. Public parks, playgrounds, community centers and recreation buildings, elementary, junior high, and high schools. 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 Chapter17. 14. Section 17. 20.030 Uses Subject to a 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 impactsurroundingpropertiesandthereforerequireadditionalapprovaland consideration. Such uses to be permitted in the R- A 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 provisionsofChapter17. 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 minimum of one (1) acre in size and located on streets designated as arterial streets or collector streets. Parochial schools shall require a separate use permit. Churches shall not otherwise be permitted in the R- A District. F. Agricultural and horticultural uses, for commercial purposes. G. Parochial or private preschools, elementary, junior high, or high schools. Section 17. 20.040 Accessory Uses and Structures. The following accessory building and uses may be located on the same lot with a permitted dwelling, provided that they are found to be compatiblewiththeresidentialcharacteroftheneighborhoodandthatany buildings or structures be harmonious with the architectural styleofthemainbuilding. With the exception of open trellis- type patio covers and detached garages, all accessory buildings and/ or structures shall be located only in rear yard areas or the enclosed portion of a side yard. A. Uses: 1. Accessory Uses and Structures. Home occupations; subject to the completion and approval of an application for a home occupation issued by the Planning Division and compliancewiththeprovisionsofChapter17. 15. 2. Non- commercial hobbies. 3. Keeping of household pets (when no commercial activity is involved). For the purpose of this ordinance, a household pet is an animal clearly considered customary to a residen- tial use, e. g., dogs, cats, birds, and fish. Said pets shall be limited to a maximum of six (6) weaned dogs and/ orcats. 4. Keeping of the following additional animals subject to the provisions of Section 17. 20.120. a. Equine, bovine, swine, sheep, or goats. b. Birds or poultry (not including roosters) rabbits, and similar small domesticated animals. B. Structures: 1. Group I. Sheds, children' s playhouses, and similar enclosures of less than 120 square feet provided they do not exceed a maximum height of six and one- half (6- 1/2) feet. Such structures may be located on property line provided the design of the structure complies with the City' s Fire and Building Codes. 2. Group II. Unenclosed structures such as non- commercial stables, corrals, and appurtenant facilities for the keepingofanimals, carports, gazebos, and patio covers (bothtrellis- type and solid) as well as enclosed structures not included in Group I but containing less than 600 square feet of floor area such as sheds, cabanas, chil-dren' s playhouses, and work shops, provided they do not exceed a maximum height of fifteen (15) feet and are located no closer than five (5) feet to a side propertyline, or ten (10) feet to a rear property line. Attached, enclosed structures in this category, such as garages and enclosed patios, shall be located no closer to a property line than the setback prescribed for the main dwelling unit. 3. Group III. Garages, stables, enclosed patios, workshops, cabanas, and similar enclosed structures containing 600 or more square feet of floor area, provided they are located no closer than twenty (20) feet to a public right- of-way or trail and no closer than ten (lo) feet to any other property line. 4. Group IV. a. Antennas, satellite dishes, and similar devices; subject to compliance with the provisions of Chapter 17. 67. b. Swimming pools, Jacuzzis, spas, and associated equipment; provided they may be permitted only within rear yard areas or the enclosed portion of a side yard. Pool equipment located within ten (l0) feet of a property line shall be separated from the adjacent property by a minimum six (6)foot high masonry wall. Otherwise there shall be no re- quired setback provided the design and installation complies with the City' s Building Codes. Trellis- type patio covers. may be located in a front yard area but shall encroach not more than twenty (20) feet into the required setback. Section 17. 20.050 Lots of Record. Existing lots of record as of the date of adoption of this ordinance (August 26, 1986), which do not comply with the requried minimum lot standards contained herein may be used as a building site for a permitted use pursuant to the provisions of this chapter. Lots with less than the minimum, required lot area shall not be permitted the keeping of animals beyond those permittedintheR- 1 District. Section 17. 20.060 Lot Area. The minimum lot area for any new lot created in the R- A District shall be as follows: A. Standard lots: One- half acre (21, 780 square feet). B. Flag lots: One- half acre (21, 780 square feet) exclusive of any portion of the lot used for access. Section 17. 20.070 Street Frontaae Width. The minimum street front- age with for any new lot created in the R- A District shall be as follows: A. Standard lots: 100 feet B. Knuckle or Cul- de-sac lots: Fifty (50) feet; provided the average width is 100 feet. C. Flag lots: Twenty- five (25) feet; provided the average width of the principal portion of the lot is 100 feet. Section 17. 20.080 Setbacks. The following minimum setbacks shall apply to all new construction within the R- A District: A. Front yard: Thirty (30) feet, provided however, that turn- in entry garages may encroach to within twenty (20) feet of the front property line. B. Side yard: 1. Main dwelling unit:Adjacent to interior lot lines there shall be a minimum side yard of fifteen (15) feet. Adjacent to a public right- of-way the minimum side yard shall be twenty feet (20). 2. Accessory structures: C. Rear yard: 1. Main dwelling unit: In the rear one- half of the lot, as specified in Section 17. 20.040, other- wise 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- two (22) feet. Fifty feet (5A'). 2. Accessory structures: As specified in Section 17. 20.040, with the exception that where straight- in entry garage gains access via the rear yard, the set- back shall be twenty- two (22) feet. Section 17. 20.090 Lot Coveraae. The maximum lot coverage in the R- ADistrictshallbetwenty- five (25$) percent. Section 17. 20.100 Buildina Height. Except as otherwise provided for accessory structures, the maximum building height in the R- A District shall be thirty (30) feet. Section 17. 20.110 Minimum Dwellina Unit Size. The minimum dwellingunitsizewithintheR- A District shall be 1, 500 square feet exclusive of garage area. However, for new tract construction, at least 20% of the total number of units within any phase shall exceed the minimum square footage by 15a. Section 17. 20.120. Animals. The keeping of animals as permitted inSection17. 20.040 (4) in the R- A District on the same lot with a permitted use is permitted subject to the following: A. The minimum lot area required to maintain the following aggregate number of animals shall be one- half acre 21, 780 square feet): . 1. Two (2) equine, bovine, swine, sheep, or goats. 2. Twelve (12) birds or poultry (not including roosters) rabbits, or similar small domesticated animals. For each additional one- half acre, an additional aggregateofalltheabovelistedanimalsmaybemaintained. B. For new subdivisions intended for equestrian estates, the Planning Commission may require that all lots shall have direct access to an equestrian trail with a minimum width of eight (8) feet. C. All lots, upon which equine, bovine, swine, sheep, or goats are kept, shall be provided with a corral a minimum of five (5) feet 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. D. All animals shall be maintained a minimum of thirty- five (35)feet from any dwelling unit on the lot upon which they are located, a minimum of fifty (50) feet from any dwelling unit on a neighboring lot, and a minimum of ten (lo) feet from anypublicright- of-way or trail. Section 17. 20.130 Parkina. The provisions of Chapter 17. 66 shallbeusedtodeterminetherequiredparkingfordevelopmentintheR- A District. Section 17. 20.140 Signs. The provisions of Chapter 17. 94 shallbeusedtodeterminepermittedsignsintheR- A District. Section 17. 20.150. Desian Review. No .Building Permits shall be issued for the construction of any building or structure in the R- A District until the applicant has obtained Design Review approval pursuant to the provisions of Chapter 17. 82. The following exemptions shall apply: A. Additions or alterations to an existing structure which do not change the use from one permitted in the District and which does not increase the floor area by more than 50~. B. Group I, II and IV accessory structures. C. Fences and walls. Although these, the above exempted structures, do not need formal Design Review approval, their proposed location and design must still be approved by the Director of Community Development or his designee prior to construction or installation. Section 17. 20.160 Desian Standards. Chapter 17. 14 contains residen- tial development standards applicable to all projects within the City regardless of zoning district. It is therefore important that the provisions of Chapter 17. 14 be considered together with the regula- tions contained herein for the R- A District. CHAPTER 17. 22 R- H: HILLSIDE SINGLE- FAMILY RESIDENTIAL DEVELOPMENT" SECTIONS: Section 17. 22.010 Section 17. 22.020 Section 17. 22.030 Section 17. 22.040 Section 17. 22.050 Section 17. 22.060 Section 17. 22.070 Section 17. 22..080 Section 17. 22.090 Section 17. 22.100 Section 17. 22.110 Section 17. 22 120 Section 17. 22.130 Section 17. 22.140 Section 17. 22.150 Purpose Permitted Uses Uses Subject to a Conditional Use Permit Accessory Uses and Structures Lots of Record Lot Area Street Frontage Width Setbacks Lot Coverage Building Height Minimum Dwelling Unit Size Parking Signs Design Review Design Standards Section 17. 22.010 Purpose. The R- H District is intended to be appliedtoareaswherequalitysingle- family residences may logically be inorder, but existing infrastructure may not be in place and/ or environ-mental considerations, such as hillsides, dictate larger lots in ordertominimizetheimpactofdevelopmentandthedisturbanceofthe natural terrain, thereby conserving the aesthetic qualities affordedbytheseareas. Section 17. 22.020 Permitted Uses. Uses permitted in this districtshallincludethoseuseslistedbelowwhendevelopedincompliancewiththepurposeandintentofthischapter. Each use shall be evaluated in terms of its design characteristics and specific sitelocationpursuanttotheprovisionsofChapter17. 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 pursuanttoChapter17. 16. D. Public utility distribution and transmission facilities excludingprivateradio, television, and paging antenna and towers. E. Government buildings and service facilities. F. Public parks, playgrounds, community centers and recreationbuildings, elementary, junior high, and high schools. 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 Chapter17. 14.020. Section 17. 22.030 Uses Subject to a Conditional Use Permit. It isrecognizedthatcertainuseswhilesimilarincharacteristicstoPermittedUsesinSection17. 20.020 may have the potential to impactsurroundingpropertiesandthereforerequireadditionalapprovalandconsideration. 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. Large family day care homes in compliance with the provisionsofChapter17. 16. B. Second units in compliance with the provisions of Chapter 17. 17. C. Keeping of exotic animals or birds, or more than three (3) weaneddogsand/ or cats, on the same lots as a permitted dwelling forpetsonlyandnotforcommercialpurposes; the Planning Commis- Sion shall impose adequate limitations to assure that the resi- dential character of the property and neighborhood are maintained. D. Churches, located on a site minimum of one (1) acre in size and located on streets designated as arterial streets or collector streets.- Parochial schools shall require a separate use permit. Churches shall not otherwise be permitted in the R- H District. E. Horticultural uses, including growing of fruits, nuts, vegetables, and ornamental plants for commercial purposes. F. Parochial or private preschools, elementary, junior high, or high schools. Section 17. 22.040 Accessory Uses and Structures. The following accessory building and uses may be located on the same lot with a permitted dwelling, provided that they are found to be compatible with the residential character of the neighborhood and that any buildings or structures be harmonious with the architectural style of the main building. With the exception of open trellis- type patio covers and detached garages, all accessory buildings and/ or structures shall be located only on one- half of the lot. A. Uses: 1. Home occupations; subject to the completion and approval of an application for a home occupation by the Planning Division and compliance with the provisions of Chapter 17. 15. 2. Non- commercial hobbies. 3. Keeping of household pets (when no commercial activity is involved). For the purpose of this ordinance, a household pet is an animal clearly considered customary to a residen- tial use, e. g., dogs, cats, birds, and fish. Said pets shall be limited to a maximum of three (3) weaned dogs and/ or cats. Birds shall be permitted only inside the main dwelling units, unless a use permit is obtained. . B. Structures: 1. Group I. Sheds, children' s playhouses, and similar enclosures of less than 120 square feet provided they do not exceed a maximum height of six and one- half ( 6- 1/2) feet. Such structures may be located on property line provided the design of the structure complies with the City' s Fire and Building Codes. 2. Group II. Unenclosed structures such as carports, gazebos, and patio covers (both trellis- type and solid) as well as detached enclosed structures not included in Group I but containing less than 600 square feet of floor area such as sheds, cabanas, children' s playhouses and work shops, provided they do not exceed a maximum height of fifteen (15) feet and are located no closer than five 5) feet to a side property line, or ten (10) feet to a rear property line, attached, enclosed structures in this category, such as garages and enclosed patios, shall be located no closer to a property line than the setback prescribed for the main dwelling unit. 3. Group III. Garages, stables, enclosed patios, workshops, cabanas, and similar enclosed structures containing 600 or more square feet of floor area, provided they do not exceed a maximum height of seventeen (17) feet and, unless otherwise pro-vided in this chapter are located no closer to a propertylinethanthesetbackprescribedforthemaindwellingunit,except that straight- in entry garages may be required a greater setback. 4. Group IV. a. Antennas, satellite dishes, and similar devices; subjecttocompliancewiththeprovisionsofChapter17. 67. b. Swimming pools, Jacuzzis, spas, and associated equip-ment; provided they may be permitted only within rear yard areas or the enclosed portion of a side yard.Pool equipment located within ten (10) feet of a pro-perty line shall be separated from the adjacent pro-perty by a minimum six (6) foot high masonry wall. otherwise there shall be no re- required setack pro-vided the design and installation complies with theCity' s Building Codes. Open trellis- type patio covers may be located in a front yardareabutshallnotencroachmorethanfive (5) feet into therequiredsetback. Section 17. 22.050 Lots of Record. Existing lots of record as of thedateofadoptionofthis. ordinance (August 26, 1986), which do notcomplywiththerequiredminimumlotstandardscontainedhereinmaybeusedasabuildingsiteforapermittedusepursuanttothepro-visions of this chapter. However, where adjacent parcels of landareunderthesameownership, these parcels shall be combined to meettheminimumrequiredlotarea, or to more closely conform to the re-quired lot area. Section 17. 22.060 Lot Area. The minimum lot area for any new lotcreatedintheR- H District shall be as follows: A. Interior lots: 12, 000 square feet. B. Flag lots: 12, 000 square feet. exclusive of any portionofthelotusedforaccess. Section 17. 22.070 Street Frontaae Width. The minimum street front-age width for any new lot created in the R- H Distpict shall be asfollows: A. Interior lots: Eighty (80) feet. B. Knuckle or Cul- de-sac lots: Forty- five (45) feet; provided the average width is eighty (80) feet. C. Flag lots: Twenty- five (25) feet; provided the average widthoftheprincipalportionofthelotiseighty (80)feet. Section 17. 22.080 Setbacks. The following minimum setbacks shallapplytoallnewconstructionwithintheR- H District: A. Front yard: 1. Main dwelling unit: Twenty feet (20'). 2. Garage: Twenty- two feet (22'); provided however, that turn- in entry garages may encroach to within fifteen feet (15') of the front property line. B. Side yard: 1. Main dwelling unit: Adjacent to interior lot lines there shall be a minimum side yard of five (5j feet on one side of the structure and twelve (12) on the other. Adjacent to a public right-of- way.the minimum side yard shall be fifteen feet (15'). For new tract construction, at least twenty percent20~) of the units within any phaseshallhavetherequriedtwelve (12)foot setback adjacent to the garage. 2. Accessory structures: In the rear one- half of the lot, as specified in Section 17. 20.040, other- wise 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- two (22) feet. C. Rear yard: 1. Main dwelling unit: Twenty feet (20'). 2. Accessory structures: As specified in Section 17. 22.040, with the exception that where straight- in entry garage gains access via the rear yard, the set- back shall be twenty- two (22) feet. Section 17. 22.090 Lot Coverage. The maximum lot coverage in the R- HDistrictshallbethirty (30%) percent. Section 17. 22.100 Building Height. Except as otherwise provided for accessory structures, the maximum building height in the R- H District shall be thirty (30) feet. Section 17. 22.110 Minimum Dwelling Unit Size. The minimum dwellingunitsizewithintheR- H District shall be 1, 200 square feet exclusiveofgaragearea. However, for new tract construction, at least 20% of the total number of units within any phase shall exceed the minimum square footage by 15~. Section 17. 22.120 Parking. The provisions of Chapter 17. 66 shall be used to determine the required parking for development in the R- H District. Section 17. 22.130 Signs. The provisions of Chapter 17. 94 shall be used to determine permitted signs in the R- A District. Section 17. 22.140 Design Review. No Building Permits shall beissuedfortheconstructionofanybuildingorstructureinthe R- HDistrictuntiltheapplicanthasobtainedDesignReviewapprovalpursuanttotheprovisionsofChapter17. 82, Design Review. The following exemptions shall apply: A. Additions or alterations to an existing structure which do not change the use from one permitted in the District and which does not increase the floor area by more than 50%. B. Group I, II and IV accessory structures. C. Fences and walls. Although these, the above exempted structures, do not need formal Design Review approval, their proposed location and design must still be approved by the Director of Community Development or his designee prior to construction or installation. Section 17. 22.150 Desian Standards. Chapter 17. 14 contains residen-tial development standards applicable to all projects within the Cityregardlessofzoningdistrict. It is therefore important that theprovisionsofChapter17. 14 be considered together with the regula-tions contained herein for the R- H District. CHAPTER 17. 23 SINGLE- FAMILY RESIDENTIAL DISTRICT Sections: Section 17. 23.010 Purpose Section 17. 23.020 Permitted Uses Section 17. 23.030 Uses subject to a Conditional Use Permit Section 17. 23.040 Accessory Uses and Structures Section 17. 23.050 Lots of Record Section 17. 23.060 Lot Area Section 17. 23.070 Street Frontage Width Section 17. 23.080 Setbacks Section 17. 23.090 Lot Coverage Section 17. 23.100 Building Height Section 17. 23.110 Minimum Dwelling Unit Size Section 17. 23.120 Parking Section 17. 23.130 Signs Section 17. 23.140 Design Review Section 17. 23.150 Design Standards Section 17. 23.010 PURPOSE. The R- 1 District is intended to accom- modate low density projects comprised of quality single- family resi- dences developed in an urban environment with available public services and infrastructure. The R- 1 District is not however, in- tended for hillside development. Section 17. 23.020 PERMITTED USES. Uses permitted in this district shall include those uses listed below when developed in compliancewiththepurposeandintentofthischapter. 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 perlot. 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 exclud- ing private radio, television, and paging antenna and towers. E. Government buildings and service facilities. F. Public parks, playgrounds, community centers, recreation build- ings, elementary, junior high and high schools. G. Manufactured houses in compliance with the provisions of Section 17. 14. Section 17. 23.030 USES SUBJECT 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 impactsurroundingpropertiesandthereforerequireadditionalapprovaland 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. Two, three, or four detached single- family dwellings on a single lot subject to the following: a. The property is presently zoned for single- family dwellings. b. The Director of Community Development has determined that the property cannot be subdivided to comply with established lot dimension and street frontage criteria. c. There is lot area equivalent to 7, 260 square feet per dwelling unit exclusive of any required drive aisles or access easements. B. Large family day care homes in compliance with the provisions of Chapter 17. 16. C. Second units in compliance with the provisions of Chapter 17. 17. D. 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. E. Churches, located on a site a minimum of one (1) acre in size and located on streets designated as arterial streets or collector streets. Parochial schools shall require a separate use permit. Churches shall not otherwise be permitted in the R- 1 District. F. Horticultural uses, including growing of fruit, nuts, vege- tables, and ornamental plants for commercial purposes. G. Parochial or private preschools, elementary, junior high or high schools. Section 17. 23.040 ACCESSORY USES AND STRUCTURES. The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that they are found to be compatiblewiththeresidentialcharacteroftheneighborhoodandthatany buildings or structures be harmonious with the architectural style of the main building. With the exception of open trellis- type patio covers and detached garages, all accessory buildings and/ or structures shall be located only in rear one half of the lot. A. USES: 1. Home occupations; subject to the completion and approval of an application for a home occupation issued by the Planning Division and compliance with the provisions of Chapter 17. 15. 2. Non- commercial hobbies. 3. Keeping of household pets (when no commercial activity is involved). For the purpose of this ordinance, a household pet is an animal clearly considered customary to a resi- dential use, e. g. dogs, cats, birds, and fish. Said pets shall be limited to a maximum of three (3) weaned dogs and/ or cats. Birds shall be permitted only inside the main dwelling unit, unless a use permit is obtained. B. STRUCTURES: 1. Group 2 Sheds, children' s playhouses, and similar enclosures of less than 120 square feet provided they do not exceed a maximum height of six and one- half (6- 1/2) feet. Such structures may be located on property line provided the design of the struc- ture complies with the City' s Fire and Building Code. 2. Group II. Unenclosed structures such as carports, gazebos, and patio covers (both trellis- type and solid) as well as detached enclosed structures not included in Group I, but containing less than 600 square feet of floor area such as sheds,children' s playhouses and workshops, provided they do not exceed a maximum height of fifteen (15) feet and are located no closer than five (5) feet to a side property line, or ten 10) feet to a rear property line. Attached, enclosed struc- tures in this category shall be located no closer to a pro-perty line than the setback prescribed for the main .dwellingunit. 3. GROUP III. Garages, enclosed patios, workshops, cabanas, and similar enclosed structures containing 600 or more square feet of floor area provided they are located no closer to a pro-perty line than the setback prescribed for the main dwellingunit, except that straight in entry garages may be required a greater setback. 4. GROUP IV. a. Antennas; subject to compliance with the provisions of Chapter 17. 67. b. Swimming pools, Jacuzzis, spas, and associated equip-ment; provided they may be permitted only within rear yard areas or the enclosed portion of a side yard. Pool equipment located within ten (l0) feet of a pro- perty line shall be separated from the adjacent pro-perty by a minimum six (6) foot high masonry wall. Otherwise there shall be no required setback providedthedesignandinstallationcomplieswiththeCity' sBuildingCodes. c. Open trellis- type patio covers may be located in a front yard area but shall not encroach more than five (5) feetintotherequiredsetback. Section 17. 23.050 LOTS OF RECORD. Existing lots of record as of the date of adoption of this ordinance (August 26, 1986), and lotsinexistingapprovedtentativemapswhicharerecordedwithintwo 2) years of initial approval of the map, which do not comply withtherequiredminimumlotstandardscontainedhereinmaybeusedas a building site for a permitted use pursuant to the provisions ofthisChapter. However, where adjacent parcels of land are under the same ownership, these parcels shall be combined to conform to theminimumrequiredlotarea, if any of the parcels are less than sixty-five (65) percent of the required minimum lot area. Section 17. 23.060 LOT AREA. The minimum lot area for any new lot created in the R- 1 District shall be as follows: A. Interior lots: 6, 000 square feet, however, the averagelotsizeforanysubdivisionshallbe 7, 260 square feet. B. Corner lots: 7, 700 square feet. Section 17. 23.070 STREET FRONTAGE WIDTH. The minimum streetfrontagewidthforanynewlotcreatedintheR- 1 District shall beasfollows: A. Standard Interior lots:Sixty- feet (60') B. Corner lots: C. Knuckle or Cul- de-sac lots: D. Flag lots: Sixty- five feet (65') Forty feet (40'); pro- vided the average width is sixty- feet (60'). Twenty- five feet (25'); provided the average width of the principle portion of the lot is sixty- feet (60') Section 17. 23.080 SETBACKS. The following minimum setbacks shallapplytoallnewconstructionwithintheR- 1 District: A. Front yard: 1. Main dwelling unit B. C. 2. Garage: Side. yard: 1. Main dwelling unit: 2 3 Accessory structures Twenty feet (20'). Twenty- two feet (22'); provided however, that turn- in entry garages may encroach to within fifteen feet (15') of the front property line. Adjacent to interior lot lines there shall be a minimum side yard of five feet (5'). Adja- cent to a public right- of-way the minimum side yard shall be fifteen feet (15'). In the rear one- half of the lot, as specified in Section 17. 23. 040, otherwise the same as re- quired 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- two feet (22'). Finished slopes exceeding five percent (5%) shall not be permitted within five feet (5') of the main dwelling unit. Rear yard: 1. Main dwelling unit: 2. Accessory structures: Twenty feet (20'). 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- two feet (22'). 3. Finished slopes in excess of five percent (5%) shall not be permitted within fifteen feet (15') of the main dwelling unit. Section 17. 23.090 LOT COVERAGE. The maximum lot coverage in the R- 1 District shall be thirty- five percent (35%). Section 17. 23.100 BUILDING HEIGHT. Except as otherwise provided for accessory structures, the maximum building height in the R- 1 District shall be thirty feet (30'). For the purposes of this Chapter, in the case of split levels no vertical section through the building shall measure more than thirty feet (30'). Section 17. 23.110 MINIMUM DWELLING UNIT SIZE. The minimum dwellingunitsizewithintheR- 1 District shall be 1, 000 square feet exclusive of garage area. However, for new tract construction, at least 20% of the total number of units within any phase shall exceed the minimum square footage by 15%. Section 17. 23.120 PARKING. The provisions of Chapter 17. 66 shall be used to determine the required parking for development in the R- 1 District. Section 17. 23.130 SIGNS.. The provisions of Chapter 17. 94 shall be used to determine permitted signs in the R- 1 District. Section 17. 23.140 DESIGN REVIEW. No building permits shall be issued for the construction of any building or structure in the R- 1 District until the applicant has obtained Design Review approval pursuant to the provisions of Chapter 17. 82, Design Review. The following exemptions shall apply: A. Additions or alterations to an existing structure which do not change the use from one permitted in the District and which does not increase the floor area by more than 50$. B. Group I, II, and IV accessory structures. C. Fences and walls. Although, the above exempted structures do not need formal DesignReviewapproval, their proposed location and design must be approved by the Director of Community Development or his designee prior to con struction or installation. Section 17. 23.150 DESIGN STANDARDS. Chapter 17. 14 contains resi- dential development standards applicable to all projects within the City regardless of zoning district. It is therefore important that the provisions of Chapter 17. 14 be considered with the regulations contained herein for the R- 1 District. CHAPTER 17. 24 R- 2 SECTIONS: Section Section Section Section Section Section Section Section Section Section Section section Section Section Section Section Section Section Section Section Section Section 17. 24.010 17. 24.020 17. 24.030 17. 24.040 17. 24.050 17. 24.060 17. 24.070 17. 24.080 17. 24.090 17. 24.100 17. 24.110 17. 24.120 17. 24.130 17. 24.140 17. 24.150 17. 24.160 17. 24.170 17. 24.180 17. 24.190 17. 24.200 17. 24.210 17. 24.220 MEDIUM DENSITY RESIDENTIAL" Purpose Permitted Uses Uses Subject to a Conditional Use Permit Accessory Uses and Structures Lot Area Lot Area Per Dwelling Unit Street Frontage Width Setbacks Lot Coverage Building Height Minimum Dwelling Unit Size Open Space Separation Between Buildings Walkways Laundry Facilities Walls and Fences Storage Lots of Record Parking Signs Design Review Design Standards Section 17. 24.010 Purpose. The "R- 2" District is intended to provide locations for quality residential projects, consisting of products other than single- family detached developments, at densities of up to twelve (12) units to the net acre, in compliance with the City' s General Plan designation of Medium Density Residential. This designa - tion should be assigned to properties in closer proximity to "R- 1" developments than should an "R- 3" designation in order to provide a transitional buffer between the low and high density land uses. Also,R- 2" properties may appropriately be located in .areas where public services are not immediately available but can be extended without causing substantial over- extension. 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, playgrounds, community centers, recreation buildings and schools including elementary, junior high and high schools. F. Public utility distribution and transmission facilities excluding private radio, television, and paging antenna and towers. G. Small- family day care and residential care facilities pursuant to Chapter 17. 16. H. Single- family uses when they comply with all the require- ments of Chapter 17. 23. Section 17. 24.030 Uses Subject to a Conditional Use Permit. It is recognized that certain uses while similar in characteristics to Permitted Uses in Section 17. 24. 0. 20 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. Churches; located on a site a minimum of one (1) acre in size and located on streets designated as arterial streets or collector streets. Parochial schools shall require a separate Use Permit. 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, vege- tables, 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 dwell- ing for pets only and not for commercial purposes; the PlanningCommissionshallimposeadequatelimitationstoassurethatthe residential character of the property and neighborhood are maintained. H. Private preschools, elementary, junior and/ or high schools. Section 17. 24.040 Accessorv Uses and Structures. The following accessory buildings and uses may be located on the same lot with a permitted use provided that they are found to be compatible with theresidentialcharacteroftheneighborhoodandthatanybuildingsor structures be harmonious with the architectural style of the mainbuilding( s). A B. Uses: 1. Home occupations; subject to the completion and approvalofanapplicationforahomeoccupationissuedbythe Planning Division and compliance with the provisions of Chapter 17. 15. 2. Non- commercial hobbies. 3. Keeping of household pets (when no Commerical activity is involved). For the purpose of this ordinance, a household pet is an animal clearly considered customary to a resi- dential use, e. g. dogs, cats, birds, and fish. Said petsshallbelimitedtoamaximumofthree (3) weaned dogsand/ or cats. The maximum number of birds and fish shall be as specified by the City' s adopted Animal Control Ordinance. Structures: 1. Antennas, satellite dishes, and similar devices; subject to compliance with the provisions of Chapter 17. 67. 2. Carports and garages. 3. Community recreation buildings and facilities for use bytheresidentsofapermitteddevelopment. 4. Equipment storage structures not exceeding 400 square feet. On duplex and triplex lots, sheds, children' s play houses,and similar enclosures of less than 120 square feet and a height of six and one- half (6- 1/2) feet may encroach into the requried side and/ or rear yard and shall have no re- quired setback provided the design of the structure complieswiththeCity' s Fire and Building Codes. 5. Lattice patio covers, and gazebos. 6. Rental offices and management offices; only when they servetheprojectonwhichpropertytheyarelocated. 7. Special use rooms such as laundry rooms and pool dressing rooms. 8. Swimming pools, Jacuzzis, spas, and associated equipment provided said equipment is enclosed to reduce noise impacts). Unless otherwise permitted in this chapter, no accessory structures or associated equipment shall be located in a required yard area. Section 17. 24.050 Lot Area. The minimum net lot area for any new lot created in the "R- 2" District shall be 7, 260 square feet. Section 17. 24.060 Lot Area Per Dwelling Unit. The minimum lot area required for each dwelling unit in the "R- 2" District shall be 3, 630 square feet of net lot area per unit. 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. Section 17. 24.070 Street Frontaae Width. The minimum street frontage width for any new lot created in the "R- 2" District shall be 60 feet. Section 17. 24.080 Setbacks. The following minimum standards shall apply to all new construction within the "R- 2" District: A. Front yard: 1. Main dwelling unit: Twenty feet (20'). 2. Garage: Twenty- two feet (22'); provided, however, that turn- in entry garages may encroach to within fifteen feet 15') of the front property line. B. Side yard: Adjacent to interior lot lines there shall be a minimum side yard of five feet (5'). Adjacent to a public right- of- way the minimum side yard shall be fifteen feet (15') with the exception that where straight- in entry garage gains access via the side yard, the setback shall be twenty- two feet (22'). C. Rear yard: Fifteen feet (15'), with the exception that where straight- in entry garage gains access via the rear yard, the setback shall be twenty- two feet (22'). Lattice patio covers may encroach to within ten feet (10') of a rear property line Section 17. 24.090 Lot Coveraae. The maximum lot coverage in the R- 2" District shall be fifty (50) percent including all structures,drive- aisles, and parking areas. Attainment of the permitted maximum coverage shall be a secondary consideration to compliance with all other design regulations contained within this chapter. Section 17. 24.100 Buildina Heiaht. Except as otherwise provided for accessory structures, the maximum building height in the "R- 2" District shall be thirty (30) feet. However, within twenty- five (25) feet of an R- 1", " R- A" or "R- R" District the maximum height shall be seventeen 17) feet. Section 17. 24.110 Minimum Dwellina Unit Size. The minimum dwellingunitsizewithinthe "R- 2" District exclusive of any balcony or patio area shall be as follows: A. Bachelor apartment (sleeping quarters within the living room area:450 square feet B. One (1) bedroom apartments: 600 square feet C. Two (2) bedroom apartments or larger:700 square feet plus 100 square feet for each additional bed- room. Section 17. 24.120 Open S ace. In addition to any open space required by other provisions of the Zoning Ordinance, all projects developed in an "R- 2" District shall provide the following open space: A. Private open space: 1. Duplexes and triplexes: Each dwelling unit shall be provides with a usable private open space ars in the form of a patio or court- yara with a minimum area of 350 square feet and a minimum dimension of fifteen (15) feet. 2. Multiple- family dwellings: Each dwelling unit shall be pro- vided with a usable private open space area in the form of a patio or court- yard with a minimum area of one hundred (100) square feet and a minimum dimension of ten 10) feet, or a balcony as follows: a. Units 600 square feet or less: A balcony of sixty (60) square feet with a minimum dimension of six (6) feet. b. Units larger than 600 square feet of floor area: A balcony of eighty (80) square feet and a minimum dimension of eight -- 8) feet. For the purpose of this Chapter, private open space shall mean fenced or otherwise screened area which is devoid of structures and improvements other than those provided for landscape or recreation purposes. Common open space may be provided in lieu of private open space,if for each one (1) square foot of private open space reductionthereshallbeoneandone- half (1- 1/2) square feet of common open space added to the project over and above any other require-ments of this Chapter. B. Common open spaces: Two hundred and fifty (250) square feet of usable open space per unit shall be pro- vided within the boundaries of all projects. Usable open space shall constitute area( s)readily accessible, practical, and general- ly acceptable for active and/ or passive recreational uses. In all instances how- ever, 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 shall not include required set- back areas or areas less than twenty (20) feet in width. Section 17. 24.130 Separation Between Buildinas. The minimum requiredseparationbetweenmainbuildingsshallbeasfollows: A. Front to front: Twenty (20) feet for one story buildings pluseachadditionalstoryoneachbuildingshall be setback five (5) additional feet. B. Front to rear or rear to rear: Fifteen (15) feet for one story building plus each additional story on each building shall be setback five (5) additional feet. C. End wall to front or rear:Ten (10) feet for one story build- ings plus each additional story on each building shall be setback five 5) additional feet. D. In order to encourage obliquely aligned buildings, where such alignments are used, the distances in 1 or 2, as applicable, may be decreased by five (5) feet. Unless otherwise provided by any other adopted City regulation, accessory structures may be located without regard to a minimum separation subject to Design Review approval. Section 17. 24.140 Walkways. Where walkways pass between buildings, fences, or other structures, there shall be a minimum separation between said structures of ten (10) feet. Section 17. 24.150 Laundry Facilities. All projects developed within the "R- 2"District shall provide laundry facilities adequate to accom- modate the number of units proposed within the project. The minimum number shall be one (1) washer and one (1) dryer per each nine (9) units; however, in no case shall there be less than one (1) washer and dryer provided. Section 17. 24.160 Walls and fences. Decorative masonry walls a minimum of six (6) feet in height, as measured from the highest grade elevation either side of the wall, shall be provided along all side and rear property lines or property lines that abut a major utility easement. Wood fences may be used to separate private open space areas. Section 17. 24.170 Storaae. A storage space of eighty- five (85) cubic feet with a minimum dimension of three (3) feet shall be provided for each dwelling unit in a location external of the unit. Section 17. 24.180 Lots of Record. Existing lots of record as of the date of adoption of this ordinance (August 26, 1986), which do not comply with the requried minimum lot standards cnntained herein may be used as a building site for a permitted use, provided the development complies with all other development standards and criteria contained herein including compliance with the requirements of Section 17. 24.060, Lot Area Per Dwelling Unit. Section 17. 24.190 Parkina. The provisions of Chapter 17. 66 shall be used to determine the required parking for development in the "R- 2" District. Section 17. 24.200 Sians. The provisions of Chapter 17. 94 shall be used to determine permitted signs in the "R- 2" District. Section 17. 24.210 Desian Review. No building permits shall be issued for the construction of any building or structure in the "R- 2" District until the applicant has obtained Design Review approval pursuant to the provisions of Chapter 17. 82. The following exemptions shall apply: A. Accessory structures other than garages and carports. B. Fences and walls. Although these above exempted structures do not need formal DesignReviewapproval, their proposed location and design must still be approved by the Director of Community Development or his designee prior to construction or installation. Section 17. 24.220 Desian Standards. Chapter 17. 14 contains resi- dential development standards applicable to all projects within the City regardless of zoning district. It is therefore important that the provisions of Chapter 17. 14 be considered together with the regulations contained herein for the "R- 2" District. CHAPTER 17. 28 R- 3 HIGH DENSITY RESIDENTIAL" SECTIONS: Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section 17. 28.010 Purpose 17. 28.020 Permitted Uses 17. 28.030 Uses Subject to a Conditional Use Permit 17. 28.040 Accessory Uses 17. 28.050 Lot Area 17. 28.060 Lot Area Per Dwelling Unit 17. 28.070 Street Frontage Width 17. 28.080 Setbacks 17. 28.090 Lot Coverage 17. 28.100 Building Height 17. 28.110 Minimum Dwelling Unit Size 17. 28.120 Open Space 17. 28.130 Separation Between Buildings 17. 28.140 Walkways 17. 28.150 Laundry Facilities 17. 28.160 Walls and Fences 17. 28.170 Storage 17. 28.180 Lots of Record 17. 28.190 Parking 17. 28.200 Signs 17. 28.210 Design Review 17. 28.220 Design Standards Section 17. 28.010 Purpose. The "R- 3" District is intended to providelocationsformultiple- family residential projects at densities of uptotwenty- four (24) dwellings to the net acre, in compliance with theCity' s General Plan designation of High Density Residential. It mayalsoprovidesitesforpublicandsemi- public facilities needed to complement residential areas and for institutions that require a resi- dential environment. Properties assigned this designation should be located within close proximity to community services such as shoppingcenters, transit systems, sewers, and other required infrastructure. They should not be located immediately adjacent to a single- familydistrict. Provisions for appropriate recreation, religious, and com- munity uses are included fora balanced neighborhood. 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, playgrounds, community centers, recreation buildings and schools including elementary, junior highandhighschools. 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 require-ments of Chapter 17. 16. H. Single- Family uses when they comply with all requirements of Chapter 17. 23. Section 17. 28.030 Uses Subject to a 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 impactsurroundingpropertiesandthereforerequireadditionalapprovaland 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. 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, vege- tables, 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 dwell- ing 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. Private preschools, elementary, junior and/ or high schools. J. Permitted primary structures which exceed the height limitation specified in Section 17. 28.120. K. Tennis clubs and swimming clubs. Section 17. 28.040 Accessory Uses. The following accessory buildings and uses may be located on the same lot with a permitted use provided that they are found to be compatible with the residential character of the neighborhood and that any buildings or structures be harmonious with the architectural style of the main building( s). A. Uses: 1. Home occupations; subject to the completion and approval of an application for a home occupation issued by the Planning Division and compliance with the provisions of Chapter 17. 15. 2. Non- commercial hobbies. 3. Keeping of household pets (when no Commerical activity is involved). For the purpose of this ordinance, a household pet is an animal clearly considered customary to a resi- dential use, e. g. dogs, cats, birds, and fish. Said pets shall be limited to a maximum of three (3) weaned dogs and/ or cats. The maximum number of birds and fish shall be as specified by the City' s adopted Animal Control ordinance. B. Structures: 1. Antennas, satellite dishes, and similar devices; subject to compliance with the provisions of Chapter 17. 67. 2. Carports and garages. 3. Community recreation buildings and facilities for use by the residents of a permitted development. 4. Equipment storage structures not exceeding 40o square feet. 5. Lattice patio covers, and gazebos. 6. Rental offices and management offices; only when they serve the project on which property they are located. 7. Special use rooms such as laundry rooms and pool dressing rooms. 8. Swimming pools, Jacuzzis, spas, and associated equipment provided said equipment is enclosed to reduce noise impacts). Unless otherwise permitted in this chapter, no accessory structures or associated equipment shall be located in a required yard area. Section 17. 28.050 Lot Area. The minimum net lot area for any new lot created in the "R- 3" District shall be 7, 260 square feet. Section 17. 28.060 Lot Area Per Dwelling Unit. The minimum lot area required for each dwelling unit in the "R- 3" District shall be 1, 815 square feet of net lot area per unit. 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. Section 17. 28.070 Street Frontaae Width. The minimum street frontage width for any new lot created in the "R- 3" District shall be 60 feet. Section 17. 28.080 Setbacks. The following minimum standards shall apply to all new construction within the "R- 3" District: A. Front yard: The front yard setback to any building shall average twenty (20) feet but in no case shall be less than fifteen (15) feet.. B. Side yard and rear yards: 1. Main dwelling units: Adjacent to interior lot lines the setback shall be ten (10) feet; Adjacent to a public right- of-way the minimum setback shall be fifteen 15) feet. 2. Garage or enclosed carports: Five (5) feet. 3. Open carports: Three (3) feet. Lattice patio covers may encroach to within ten (l0) feet of a rear property line or a public right- of-way and to within three (3) feet of a side property line not abutting a public right- of-way. Section 17. 28.090 Lot Coveraae. The maximum lot coverage in the R- 3" District shall be sixty (60) percent including all structures,drive- aisles, and parking areas. Attainment of the permitted maximum coverage shall be a secondary consideration to compliance with all other design regulations contained within this chapter. !~ Section 17. 28.100 Buildina Heiaht. Except as otherwise provided for accessory structures, the maximum building height in the "R- 3" District shall be thirty- five (35) feet. However, within twenty- five (25) feet of an "R- 1", " R- A" or "R- R" District the maximum height shall be seventeen (17) feet. Section 17. 28.110 Minimum Dwellina Unit Size. The minimum dwellingunitsizewithinthe "R- 3" District exclusive of any balcony or patio area shall be as follows: A. Bachelor apartment (sleeping quarters within the living room area:450 square feet B. One (1)bedroom apartments:600 square feet C. Two (2)bedroom apartments or larger:700 square feet plus 100 square feet for each additional bed- room Section 17. 28.120 O en S ace. In addition to any open space requiiedbyotherprovisionsoftheZoningOrdinance, all projects developed in an "R- 3" District shall provide the following open space: A. Private open space: Each dwelling unit shall be provided with a usable private open space area in the form of a patio or court- yard with a minimum area of one hundred (100) square feet and a minimum dimension of ten (10) feet, or a balcony as follows: 1. Units 600 square feet or less: A balcony of sixty (60) square feet with a minimum dimension of six 6) feet. 2. Units larger than 600 square feet of floor area: A balcony of eighty (80) square feet and a minimum dimension of eight (8) feet. For the purpose of this Chapter, private open space shall mean a fenced or otherwise screened area which is devoid of structures and improvements other than those provided for landscape or recreation purposes. Common open space may be provided in lieu of private open space, if for each one (1) square foot of private open space reduction there shall be one and one- half (1- 1/2) square feet of common open space added to the project over and above any other require- ments of this Chapter. B. Common open spaces: Two hundred and twenty- five (225) square feet of usable common 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 shall not include required setback areas or areas less than twenty (20) feet in width. Section 17. 28.130 Separation Between Buildinas. The minimum requiredseparationbetweenmainbuildingsshallbeasfollows: A. Front to front: Twenty (20) feet for one story buildings plus each additional story on each building shall be setback five (5) additional feet. B. Front to rear or rear to rear: Fifteen (15) feet for one story building plus each additional story on each building shall be setback five (5) additional feet. C. End wall to front or rear: Ten (10) feet for one story build- ings plus each additional story on each building shall be setback five 5) additional feet. D. In order to encourage obliquely aligned buildings, where such alignments are used, the distances in 1 or 2, as applicable, maybedecreasedbyfive (5) feet. Unless otherwise provided by any other adopted City regulation, accessory structures may be located without regard to a minimum separation subject to Design Review approval. Section 17. 28.140 Walkwavs. Where walkways pass between buildings,fences, or other structures, there shall be a minimum separationbetweensaidstructuresoften (10) feet. Section 17. 28.150 Laundrv Facilities. All projects developed withinthe "R- 3" District shall provide laundry facilities adequate to accom- modate the number of units proposed within the project. The minimum number shall be one (1) washer and one (1) dryer per each nine (9)units; however, in no case shall there be less than one (1) washer anddryerprovided. Section 17. 28.160 Walls and fences. Decorative masonry walls aminimumofsix (6) feet in height, as measured from the highest gradeelevationeithersideofthewall, shall be provided along all sideandrearpropertylinesorpropertylinesthatabutamajorutilityeasement. Wood fences may be used to separate private open spaceareas. Section 17. 28..170 Storage. A storage space of eighty- five (85) cubic feet with a minimum dimension of three (3) feet shall be provided for each dwelling unit in a location external of the unit. Section 17. 28.180 Lots of Record. Existing lots of record as of the date of adoption of this ordinance (August 26, 1986), which do not comply with the requried minimum lot. standards contained herein may be used as a building site for a permitted use, provided the development complies with all other development standards and criteria contained herein including compliance with the requirements of Section 17. 24.060, Lot Area Per Dwelling Unit. Section 17. 28.190 Parkina. The provisions of Chapter 17. 66 shall be used to determine the required parking for development in the "R- 3" District. Section 17. 28.200 Sians. The provisions of Chapter 17. 94 shall be used to determine permitted signs in the "R- 3" District. Section 17. 28.210 Desian Review. No building permits shall be issued for the construction of any building or structure in the "R- 3" DistrictuntiltheapplicanthasobtainedDesignReviewapprovalpursuanttothe provisions of Chapter 17. 82. The following exemptions shall apply: A. Accessory structures other than garages and carports. B. Fences and walls. Although these above exempted structures do not need formal DesignReviewapproval, their proposed location and design must still be approved by the Director of Community Development or his designeepriortoconstructionorinstallation. Section 17. 28.220 Desian Standards. Chapter 17. 14 contains resi- dential development standards applicable to all projects within the City regardless of zoning district. It is therefore important thattheprovisionsofChapter17. 14 be considered together with the regulations contained herein for the "R- 3" District. CIiAPTER 17. 30 CONDOMINIUMS AND CONDOMINIUM CONVERSIONS Sections: Section 17. 30.010 Purposes Section 17. 30.020 Permits Required Section 17. 30.030 Relationship to Other Laws Section 17. 30.040 Documents Required Section 17. 30.050 Applications of Sections for Condominium Conversions Section 17. 30.060 Fees Section 17. 30.070 Certificate of Occupancy Required Section 17. 30.080 Documents Required Section 17. 30.090 Application Procedures Section 17. 30.100 General Requirements for Conditional Use Permits Section 17. 30.110 Issuance of a Certificate of Occupancy Section 17. 30.010 Purposes. Residential condominiums differ from other residential development in a variety of ways, particularlytherelationshipbetweenindividuallyownedunitsandjointlyheld and maintained common areas. Condominium developments are a mix of individual and common ownership which differs from conventional and familiar patterns of housing in the City. The purpose of this chapter is to address the special attributes of condominiums and to adopt development standards which will protect both the communityandthepurchasersofcondominiums. Section 17. 30.020 Permits Required. Condominium projects are permitted in appropriately zoned districts within the City, sub- ject to the issuance of a conditional use permit pursuant to the provisions of this chapter and the approval of a tentative tract map as required by law. This requirement is in addition to other permits or certificates required by law. Section 17. 30.030 Relationshib to Other Laws. Whenever regula-tions or restrictions imposed by this chapter are either more or less restrictive than regulations or restrictions imposed by anyotherlaw, the regulations, rules or restrictions which imposehigherstandardsorrequirementsshallapply. Section 17. 30.040 Documents Required. A. The documents setting forth a plan or manner of permanent maintenance of open spaces and recrea- tional areas shall not be acceptable until approved by the City Attorney as to legal form and effect, and by the Planning Division as to suitability of content. B. If the common open spaces are to be conveyed to the homeowners' association, the developer shall file a declaration of covenants to be submitted with the application for approval, that will govern the association. C. The homeowners' association shall be established prior to the sale of the last dwelling unit. D. Membership shall be mandatory for each buyer and any successive buyer. E. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions, and restrictions for each project. F. If the development is constructed in phases which require one (1) or more final maps, reciprocal covenants, conditions, and restric- tions and reciprocal maintenance agreements shall be established which will cause a merg- ing of development phases as they are completed, and embody one (1) homeowners' association with common areas for the total development. G. Same shall contain the language or provisions substantially as follows: City of Lake Elsinore shall be considered a party to the covenants, conditions, and restrictions of this declaration as they shall apply to the maintenance of the 'common area' as herein defined." In the event the association or other legal- ly responsible person( s) fail to maintain said common area in such manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute sum- mary abatement procedures and impose a lien for the costs of such abatement upon said com- mon area, individual units or whole thereof as provided by law." H. Covenants, Conditions, and Restrictions (CC & R' s) shall restrict the use of residential units to single- family use. I. Each unit owner shall have full access to commonly owned areas, facilities and utilities. Section 17. 30.050 Applications of Sections for Condominium Con-versions. The provisions set forth in Sections 17. 30.060 through17. 30.110 shall apply to all conversions of apartments or othersimilarexistingdevelopmentstoresidentialcondominiumsproposedonarealpropertywithintheappropriatelyzoneddistrictsintheCity. These provisions are in addition to those set forth in Sec-tions 17. 30.010 through 17. 30.040, and the Subdivision Map Act. Section 17. 30.060 Fees. There shall be an inspection fee based upon the number of existing units in said project. The fee shallamounttoten (10) dollars per unit or as otherwise set by resolu-tion of the City Council. Section 17. 30.070 Certificate of Occupancv Required. In additiontotheconditionalusepermitrequiredbythischapter, any projectproposedunderthischaptershallrequiretheissuanceofacerti-ficate of occupancy by the Building Division. In addition to the aforementioned requirements, all requirements of the Subdivision Map Act must be complied with. Section 17. 30.080 Documents Required. The following requirementsforcondominiumconversionsareinadditiontothosesetforthinSection17. 30.050: A. Applicant shall provide written proof that he has compliedwiththerequirementsofapplicableCaliforniastatutes regarding the right of existing tenants of said project. B. Applicant shall submit a detailed "property report" describ-ing the date( s) of original construction, present usefullifeoftheroof, foundations, mechanical, electrical,plumbing and existing buildings or structures in saidproject. Such report shall be prepared and certified tobyaregisteredcivilorstructuralengineerorlicensedarchitect. C. The applicant shall submit a structural pest report pre-pared and certified by a licensed structural pest controloperator (see California Business and Professions Code,Section 8516). D. To the extent applicable, the aforesaid report requirements may be satisfied by submission of copies of similar reports filed with state agencies. Section 17. 30.090 Application Procedures. The following are requirements in addition to those set forth in previous sections: A. Upon receipt of the application and all documents as re- quired, the Community Development Director shall submit copies of applicable reports or documents to the County Fire Department, Building and Safety Division, and other departments as found necessary. B. The Community Development Director shall cause an inspec-tion to be made of all buildings and structures in the exist- ing development. An inspection report shall be prepared at or under his direction identifying all items found to be in violation of current code requirements for such buildings or structures, or found to be hazardous. C. The fire inspector shall cause an inspection to be made of said project to determine the sufficiency of fire protection systems serving said project and report on deficiencies. D. The Community Development Director may submit copies of such documents to other departments for their review and require- ments, as set forth elsewhere in this Code. E. The Community Development Director or his designee shall review the property report submitted by applicant and may require its revision and resubmission if found inadequateinprovidingtherequiredinformation. F. The Planning Division shall keep and maintain the copies of all such reports required herein, as public records, for no less than five (5) years, and shall send copies thereof to the California Real Estate Commissioner as may be requiredbylaw. , G. A final inspection report shall be made by the Chief Build- ing Official, upon request of the applicant, indicating the compliance with all requirements imposed herein. Section 17. 30.100 General Requirements for Conditional Use Permit. A. The City Council shall utilize the development standards and requirements of Section 17. 30.010 through 17. 30.050 of this Chapter as criteria in the issuance of a conditional use permit as herein provided. Section 17. 30.110 Issuance of a Certificate of Occupancv. A. The Building Division shall issue to the applicant a certi- ficate of occupancy if the violations and deficiencies found to exist have been corrected on said project. No such certificate shall be issued unless a conditional use permit has been approved and all requirements of this Chapter have been satisfied. B. The decision of the Community Development Director or his Building Division designee may be appealed in the followingmanner: within fifteen (15) days following the decision of the Community Development Director or his designee, the applicant shall file with the City Clerk a letter statingthereasonswhyhebelievestheactiontobeimproper. The City Clerk shall cause the appeal to be set for hearingataregularmeetingoftheCouncil, not less than thirteen 13) nor more than thirty (30) days after receiving the appeal and shall mail or deliver written notice of the hearing to the Community Development Director and/ or his designee and to the applicant at least ten (10) days beforethehearing. At the conclusion of the hearing or any con-tinuance thereof, the Council shall finally decide the matter. CHAPTER 17. 32 MOBILE HOME COMMUNITY DISTRICT SECTIONS• Section 17. 32.010 Purpose Section 17. 32.020 Uses Permitted Section 17. 32.030 Lot Area Section 17. 32.040 Setbacks Section 17. 32.050 Building Height Section 17. 32.060 Dwelling Unit Size Section 17. 32.070 Parking Section 17. 32.080 Fences, Walls, and Hedges Section 17. 32.090 Signs Section 17. 32.100 Permits and Fees Section 17. 32.110 Procedure Section 17. 32.120 Site Development Standards Section 17. 32.010 Purpose. A. The purpose of this chapter is to provide for the devel- opment of an area of not less than ten (10) acres to accommodate and allow mobilehomes situated on individuallyownedlots. B. Mobilehome community developments are intended to provideforflexibilityinthedesignofresidentialpropertiestopromoteamoredesirablelivingenvironmentandencour- age: 1. A creative approach to land development; 2. An efficient use of the land; 3. Community open space and amenities for recreational and visual enjoyment; C. The provisions in this chapter are not .intended to increase overall density of the development above that permitted in the R- 1 single- family district nor is it intended to encourage mobilehomes and other types of residential structures to be intermingled in the same area. Section 17. 32.020 Uses Permitted. Only the following uses are permitted in the Mobilehome Commun- ity Development District: A. One (1) independent mobilehome per lot; B. Accessory structures or uses pertinent only to the mobilehome, such as a carport or garage, cabana, ramada,patio, utility or storage room, storage of camp and boat trailers, swimming pool; C. Recreation buildings and outdoor recreation facilities subject to approval of the Planning Commission and the City Council and for the primary use of home owners within the development; golf course facilities may be open to the public as provided below; D. Submit to the approval of the Community Development Director one (1) temporary sales office, utilizing a model mobile- home structure or specially designed mobile office struc- ture for a period of three (3) years, or until all such lots contained within that subdivision are initially sold,whichever occurs first; E. No other mobilehome, camper, camp trailer, or camp car istobeusedforhabitationonanylot. Toward this end,utilities shall at no time be connected to any of the above mentioned vehicles. Section 17. 32.030 Lot Area. The minimum area for each mobilehome lot shall not be less than three thousand six hundred (3, 600) square feet. Section 17. 32.040 Setbacks. The following minimum setbacks shall apply to all structures within the Mobile Home Community District: A. Front Yard 1. Main Dwelling Unit: 2. Accessory Structures: Twenty Feet (20') Twenty Feet (20') B. Side Yard 1. Main Dwelling Unit: 2. Accessory Structures: Five Feet (5') Five Feet (5') Eaves, sills, cornices and other similar architectural features may project into side yard setbacks. In no case, however, is any part of any structure to extend closer than three feet (3') from the property line. C. Rear Yard 1. Main Dwelling Unit: 2. Accessory Structures: Five Feet (5') May be erected in the rear yard setback provided the construction complies with the fire wall requirements of the Uniform Building Code and all roof drainage is onto the property upon which the building is loca- ted Section 17. 32.050 Buildina Heiaht. The following maximum building heights shall apply to all structures in the Mobile Home Community District: A. Main Dwelling Unit: Thirty Feet (30') B. Accessory Structures: Eighteen Feet (18') or one (1) story C. Recreation Buildings: Thirty Feet (30') Section 17. 32.060 Dwellina Unit Size. The minimum dwelling unit size shall be six hundred and twenty (620) square feet. Section 17. 32.070 .Off- Street Parkina. Off- street parking in the Mobile Home Community District shall be as follows: A. Two (2) spaces for each mobilehome unit with a minimum improvement of concrete surface parking provided may be tandem; a roof covering shall be installed at such time as mobilehome is installed on the lot, over a minimum of one (1) of these spaces. B. Covered off- street parking shall not be located in the front yard setback area or within twenty feet of the front propertylineorinthesideyardsetback. C. Each off- street parking space shall not be less than ten feet (l0') in width and not less than twenty feet (20')in length and such space shall not be used for any other purpose which would prevent automobile parking. D. In addition to the above one (1) recreational vehicle spacemeasuringtenfeetinwidthandthirtyfeetinlengthshall be provided for each ten units. Section 17. 32.080 Fences. Walls, and Hedges. Anywhere within any required yard or along a side lot line, the following fences, walls, or hedges may be located and maintained: A. A wood fence, wall, or hedge not more than six feet (6')in height shall be located along the side or rear lot lines, provided that such fence, wall, or hedge does not extend into the required front yard. B. A wood fence, wall, or hedge not more than three feet 3') in height may be located along the side lot line of the front yard and along the front property line. C. Chain link fences are not permitted. Section 17. 32.090 Signs. Signs are permitted only as follows: A. One (1) nameplate, unlighted and not exceeding one andone- half (1- 1/2) square feet in area, per lot; B. One (1) sign, not to exceed six (6) square feet in area,pertaining to the sale or lease of property on which such sign is located; C. Golf course facilities may be permitted a separate signnotexceedingtwelve (12) square feet in area, plusdirectionalsignsnotexceedingoneandone- half (1- 1/2)square feet as needed. Section 17. 32.100 Permits And Fees. Mobilehomes situated on individual lots shall be subject to thefollowingpermitsandfees: A. Fees required by the fee schedule of the Uniform Build-ing Code as adopted by the City or the State laws applicable to mobilehomes, or other fees as adopted byresolutionoftheCityCouncil. B. An annual permit shall be issued by the Building Inspec-tor for each mobilehome located on an individual lot. Such annual permit fee shall be as established by reso-lution of the City Council and shall be in addition to any other fees required by law. Section 17. 32.110 Procedure. All proposed mobilehome community developments shall be establishedinaccordancewiththeprovisionsoftheGeneralPlanandthefollow-ing procedure: A. A zone change application must be filed by the applicantsinaccordancewiththeprovisionsofthistitle. B. Upon receiving such application, the matter shall be set for public hearing provided that the petition for such zone change is signed by not less than twenty- five percent25%) of the property owners who .own land in the area proposed to be changed. C. The application for such zone change shall include thefollowing: 1. A map of the area showing the proposed developmentandshowingapproximatedimensionsofalllots; 2. All streets with width of all streets shown and a statement indicating the existing condition of such streets; 3. All utilities existing and proposed; 4. A signed statement from not less than twenty- five percent (25$) of the property owners to the effect that the improvements required will be installed within two (2) years. D. Planning Commission Action. If the Planning Commission determines that the area is suitable for such use (MCD) and is satisfied that the improvements required as set forth in this chapter will be installed, the PlanningCommissionshallforwarditsrecommendationstotheCity Council. The City Council shall set the matter for public hearing. E. Reversionary Clause. If in the event the improvements as required in this chapter are not installed within two (2) years, the area zoned shall automatically revert to its former zone classification. Section 17. 32..120 Site Development Standards. The following standards of development shall apply to mobilehome planned development: A. Map required. No real property shall be used unless a subdivision map pursuant to the provisions of the subdivision ordinance and this chapter is approved. B. Minimum Site Area. The minimum site that may be devel- oped for a mobilehome planned development shall be ten 10) acres gross. Additional sites of lesser area maybesubdividediftheyareanadditiontoandanintegral part of the initial development. C. Minimum Lot Size. Minimum lot size shall be three thousand six hundred (3, 600) square feet, with a mini- mum frontage of not less than forty feet (40'); exceptthatlotsfrontingoncul- de-sacs or knuckles may have a minimum frontage not less than twenty feet (20'); provided, that at the setback line the width shall be at least forty feet (40'), measured along a line paral- lel with the cord of the arc forming the front yard boundary line. The minimum depth of any lot shall be eighty feet (80'). D. Recreational Area. Recreational area shall be provided as follows: 1. A minimum of five hundred (500) square feet for each residential lot in the subdivision shall be developedintousablecommunityrecreationarea. The combined square footage of community recreation area and resi- dential lot area, not including street rights- of-way,shall total not less than six thousand (6, 000) squarefeetforeachresidentiallotinthesubdivision. In no event shall the community recreation area for anysubdivisiontotallessthantwo( 2) acres. 2. The recreation areas shall be designated on the sub- division map and shall be entirely within the sub- division development. E. Recreation Facilities. Community recreation facilities such as community meeting halls or clubhouses, swimming pools, shuffle board courts, etc., (as contrasted to open space, e. g., golf courses and play areas) are to be encouraged and the area occupied by these facilities including the immediate accessory area (e. g., enclosed swimming pool area, walkways and patios around club- houses, including parking areas exclusively for such facility), may be counted as two (2) square feet for each one (1) square foot of actual area in meeting the requirements set forth in subsection D( 1) of this sec- tion, but in no event shall the community recreation area, including that on which the recreational facili- ties are located, be less than two (2) acres for anysubdivision. F. Maintenance of Recreational Facilities. Provisions, approved by the commission, shall be required for the continued maintenance and operation of the recreational facilities, by the granting of an undivided interest in the recreation area to each owner of a lot in the sub- division and the formation of a community association or other legal entity which provides for participation bytheindividuallotownersintheresponsibilityandcost thereof. The community association shall have the right to place a lien upon the individual lots for all necessary costs and expenses of the association. The association shall have the right to open any facilitytothepublicandchargeafeefortheusethereofto defray maintenance and operating costs, providing such use does not unduly interfere with the use of lot owners, and that no profit is made from such public use. G. Streets. Streets within the subdivision shall be pri- vately owned. In addition, the following shall apply: 1. Streets shall be no less than thirty feet (30") feet in width and a width of twenty- six feet (26') between curbs, and shall be surfaced with no less than one and one- half inches (1- 1/2") of asphaltic concrete with three inches (3") of base material, except that if the native soil is determined to be adequate, the base material may be reduced or eliminated. 2. Concrete rolled curbs or asphaltic concrete curbs with concrete driveway approaches shall be provided. 3. Off- street parking spaces and driveways on individual- ly owned lots shall be paved with concrete. H. Sewage System. Sewerage lines shall be installed as perCityrequirementsandprovisionsmadetoconnecteachunit thereto. This system shall connect to the main seweragesystem, when available, or as City requires. I. Maintenance of Streets and Sewers. Provisions for the continued maintenance of the private streets and the sewage collection system by a community association com- posed of the owners of the lots shall be required as a condition of the subdivision. This association may be,but is not required to be, the same as that required formaintenanceofrecreationalfacilitiesandarea. The community association shall have the right to place alienupontheindividuallotsforallnecessarycosts and expense to maintain. J. Water Lines. Water lines shall be installed as per Cityrequirementsandprovisionsmadetoconnectthereto. K. Gas and Electric. Natural gas and electrical services shall be installed and provisions made to connect thereto. L. Underground Utilities. All utilities shall be undergroundexceptinareaswhereoverheaddistributionlinesexist and then all services from the existing line to the mobile- home shall be underground. M. On- site Improvements. on- site improvement regulations shallbeasfollows: 1. Prior to moving a mobilehome onto any lot, a permitshallbeobtainedfromtheCityBuildingInspector. Application for such permit shall include a plot plan showing yard setbacks, building dimensions, and loca- tions. 2. On all lots to be used for residential purposes there shall be a concrete slab or other metal or wood deck containing at least two hundred (200). square feet suitable for outdoor patio or work area. 3. All mobilehomes shall be provided with skirts or other suitable structures or foundations which encloses the space between the ground and the floor of the mobile- home, or be low profile, and shall be subject to the approval of the Building Inspector. Skirting shall match other materials and designs on mobilehome. No certificate of occupancy shall be issued until skirt- ing is installed. 4. A single island for connection of all utilities shall be provided. 5. All mobilehomes shall have roof material that is Class A" fire retardant, i. e., composition shingle, and have an eave and gable overhang of no less than twelve inches (12"). All roof structures shall be constructed of the same material. 6. All porches, carport awnings and other coverings shall be of unitized design, matching mobilehome, and shall match the slope and pitch of mobilehome. All roof structures, including porches, carport awnings and other coverings shall be constructed of the same materials. 7. Roof top equipment must be screened from public view. 8. All air conditioning or other mechanical units shall be located on ground and all ground equipment shall be screened with landscaping. 9. Rock or pea gravel shall be used only to balance land- scaping. It shall not be used as predominant land- scaping. N. Other Regulations. 1. No mobilehome community subdivision shall have less than two (2) openings onto public streets or other access points. If it is desired for the sake of security to have but one (1) open entrance, the other may be closed, but shall be provided with crash gates or other facility to provide for entrance of emergency vehicles, such as firefighting equipment, ambulance, and rescue equipment and police vehicles. 2. No mobilehome community subdivision shall be designedtoprovideaccesstothelotsfromapublicstreet,but all lots shall front on the private interior streets. 3. A masonry wall or wood fence with plantings to pro- vide suitable screening shall be installed along all boundaries facing public streets, different mobile- home community subdivision, or other zoning uses. The top of the wall or fence shall be no less than six feet 6') above the level of the adjoining lot in the sub- division, nor four feet (4') above the level of an ad- joining lot outside of the subdivision if it is higher. CHAPTER 17. 33 Sections: Section Section Section Section M 17. 33.010 17. 33.020 17. 33.030 17. 33.040 OBILEHOME PARK CONVERSIONS General Process Notification of Change in Use Requirements Legal Statute Section 17. 33.010 General. Conversions of mobilehome parks to other uses shall be consistent with the adopted land use in the General Plan and the objectives stated therein. Section 17. 33.020 Process. Any conversion process shall adheretotherulesandregulationsprovidedinTitle17pertainingto applications, reviews, hearings and permits. Prior to any conver-sion effort to change a mobilehome park to another use, the appli-cant is urged to confer with the City Planning Division as to his intent, and to acquaint himself with all current requirements, ofwhichthefollowingaremandatory: A. The person or entity proposing such change in use shall file a report on the impact of the conver- sion upon the displaced residents of the mobile- home park to be converted. In determining the impact of the conversion on displaced mobilehome park residents, the report shall address the avail- ability of adequate replacement space in mobilehome parks and relocation costs. B. The person or entity proposing such change in use shall make a copy of the report available to each resident of the mobilehome park at least fifteen 15) days prior to the hearing on the impact reportbythePlanningCommission. C. The Planning Commission shall review such report,prior to any change of use, and may require, as a condition of such change, the person or entitytotakestepstomitigateanyadverseimpactof the conversion on the ability of displaced mobile- home park residents to find adequate space in a mobilehome park. Section 17. 33.030 Notification of Chanae in Use Requirements. Upon the receipt of any application for the conversion of a mobile-home park to another use, the Planning Division, at least thirty30) days prior to a hearing or any other action on the application, shall: A. Inform the applicant in writing of applicable requirements imposing upon the applicant a dutytonotifyresidentsandmobilehomeownersofthe mobilehome park of the proposed change in use,and shall specify therein the manner in which the applicant shall verify that residents and mobile- home owners of the mobilehome park have been dulynotified. B. Not hold any hearing on the application, nor anyotheractionthereonbetakenbythePlanningCommissionbeforetheapplicanthassatisfactorilyverifiedthattheresidentsandmobilehomeownershavebeensonotifiedinthemannerprescribedbylocalregulation. Section 17. 33.040 L_ eaal Statute. Per State Law, this chaptershallremainineffectonlyuntilJanuary1, 1989, and if that dateisrepealed, unless a later enacted statute, which is chapteredbeforeJanuary1, 1989, deletes or extends that date. CHAPTER 17. 35 OS OPEN SPACE DISTRICTS Sections• Section 17. 35.010 Purpose. Section 17. 35.015 Establishment. Section 17. 35.020 Uses permitted. Section 17. 35.040 Building height. Section 17. 35.045 Lot Coverage. Section 17. 35.010 Purpose. Certain areas of the City, which are not suited for residential or other intensive use for the reason that they may endanger the health, safety, and welfare of personsduetoflooding, fire or erosion, and those areas designated to allow citizens to pursue recreational activities are classifiedhereinastheopenspacedistrict. Section 17. 35.015 Establishment shall include: Land placed in the OS district A. Land under public ownership:such as; 1. Public parks, playgrounds, golf courses, wildlife preserves. 2. Drainage or flood control channels, creeks, rivers,lakes and floodplains, and 3. Freeways/ expressways, right- of-way; B. Land under private ownership which would endanger the health, safety, and public welfare of the residents, toinclude: 1. Areas where terrain is too steep to build upon or where grading of the land may endanger public health and safety due to erosion by flooding, 2. Areas subject to flooding or inundation from storm- water, 3. Geologically unstable areas, and, 4. Greenbelt areas which are formed by land developmentbyeitherpreservingthelandasanaturalareaor re- planing the land to provide increased enjoymentfortheresidents; C. Buffer areas which separate industrial and commercial districts from residential districts, providing the consent of the owners is obtained; D. Areas of outstanding cultural or historical value. Section 17. 35.020 Uses permitted. A. No building or land shall be used, and no building or structure shall be designed, erected, structurally altered or enlarged except for the following purposes: 1. Drainage channels, watercourse, spreading grounds, settling basins, freeways, parkways, park drives; 2. Privately owned or public recreational areas, parks, playgrounds, wildlife preserves, and such buildingsandstructuresasarerelatedthereto, but permittingnocommercialuses; 3. Agricultural uses provided an agreement between the City and the land owner can be made which will allow him to operate under the California Land Conservation Act; 4. Single- family dwellings when used in conjunction with agricultural uses allowing not more than one dwellingunitforeverytenacresofland; 5. Similar uses to those listed in this section, which in the opinion of Planning Commission, would not be detri- mental or incompatible with the intent and purpose, as set forth in this chapter; B. Uses prohibited in this district are: 1. Residential uses; 2. Commercial uses other than those incidental to recrea- tional uses permitted in Section 17. 35.020; 3. Industrial uses. Section 17. 35.040 Buildina heiaht. No building shall exceedtwenty- five feet (25') or no more than one- story. Section 17. 35.045 Lot Coveraae. No structure shall be permittedexceptaccessorybuildingsorthosestructuresrelatedtopublicparkandrecreationalfacilities. In no case shall buildings orstructuresexceedthirtypercent (30~) of the total area in uses. CHAPTER 17. 36 R RECREATIONAL DISTRICT" Sections: Section 17. 36.010 Purpose. Section 17. 36.020 Permitted Uses. Section 17. 36.030 Uses Subject to a Conditional Use Permit. Section 17. 36.040 Design Review. Section 17. 36.050 Building Permit. Section 17. 36.010 Purpose. There are some areas of the City,which, under present conditions, are not suited for permanent occu- pancy or residence by persons or property for the reason that they are subject to periodical flooding and other hazards. These lands pertain to property below one thousand two hundred sixty- five (1265') above mean sea level, which may be subject to flood waters. There- fore, for the public safety and interest, health, comfort, conven- ience, preservation of the public peace, order and the public welfare,the City Council has created a zone classification within which it is unlawful to erect or maintain places for human occupancy or for other uses not specifically granted herein. Section 17. 36.020 Permitted Uses. All uses, or expansion of any existing uses, within this district shall be subject to approval of a conditional use permit. Section 17. 36.030 Uses Subject to a Conditional Use Permit. The following uses may be permitted subject to approval of a conditional use permit, provided that all structures associated with such uses shall be temporary or removable, or of a permanent type which shall not be subject to damage from flooding and shall not constitute a hazard in the event of a flood. A. Agriculture or horticulture B. Airports or heliports C. Athletic fields D. Boat docks, marinas, and boat launching facilities E. Campgrounds F. Equestrian facilities, including trails, riding stables, showgrounds and competition facilities. G. Fishing piers and facilities H. Golf courses and driving ranges I. Parks, picnic grounds, and playgrounds J. Parking lots K. Recreation areas L. Sales lots for vehicles, trailers, boats or aircraft M. Tennis courts N. Wildlife, wilderness, estuarial, or marine preserves 0. Other uses which the Planning Commission finds to be in accord with the purposes of this chapter and havingcharacteristicssimilartothoseuseslistedinthis section. Section 17. 36.040 Design Review. All structures, parking facili- ties, or storage lots and grading operations within this district shall be subject to Planning Commission approval, and shall .complywithallprovisionsofChapter15. 64, Flood xazard Areas, and Chapter15. 68, Floodplain Management. Before any building permit shall be issued or any conditional use permit, or variance, or conditional exception shall be approved, the City Engineer shall first approve any and all permits and uses. CHAPTER 17. 38 NON- RESIDENTIAL DEVELOPMENT STANDARDS" SECTIONS: Section 17. 38.010 Section 17. 38.020 Section 17. 38.030 Section 17. 38.040 Section 17. 38.060 Section 17. 38.070 Section 17. 38..080 Section 17. 38.090 Section 17. 38.100 Section 17. 38.110 Section 17. 38.120 Section 17. 38.130 Section 17. 38.140 Section 17. 38.150 Section 17. 38.160 Section 17. 38.170 Purpose Temporary Uses Operation in General Lighting Landscaping Fences and Walls Self- serve Devices Gasoline Dispensing Establishments Auto Storage Design Trash Enclosures Mailboxes Circulation Patterns Dust and Erosion Control Agricultural Land Uses Conversion of Structures Section 17. 38.010 Purpose. The following general provisions are intended to apply to all non- residential projects within the CityofLakeElsinoreregardlessofzoningdistrict. However, these stan- dards shall take precedence only when a specific zoning district reg-ulation does not specify greater or more restrictive criteria. Where a provision is expressed as a design guideline, said provision shall be a principal factor in the consideration of any project and subse- quent approval( s). Section 17. 38.020 Temporarv Uses. The following temporary uses maybepermitteduponreviewandconditionalapprovalbytheDirectorof Community Development Services: A. Temporary on- site construction offices/ facilities. B. Continued use of an existing building during site preparation or construction of a new building. C. On- site leasing and sales offices. D. On- site real estate signs and future development signs in con- formance with the City Sign Ordinance (Chapter 17. 94). The above uses shall be approved for a specified period of time, not to exceed one (1) year, and a performance bond may be required to remove any structures at the end of the approved period of use. Section 17. 38.030 Operation in General. All commercial and indus- trial uses required to be operated in a completely enclosed build- ing shall be operated in such a way as to produce no objectionablenoiseorodorsoutsideitsownbuilding' s or unit' s walls. Section 17. 38.040 Liahtina. Due to the City' s proximity to the Mount Palomar Observatory all outdoor lighting shall be low pressuresodiumlampswhichareorientedandshieldedtopreventdirectillu-mination above the horizontal plane passing through the luminaire,and prevent any glare or direct illumination on adjacent propertiesorstreets. Section 17. 38.060 Landscapinq. New non- residential developmentshallhaveallrequiredlandscapinginstalledatthetimeofoccu- pancy, and said landscaping shall be provided with irrigation sys-tems which comply with minimum standards on file with City. All landscaping and irrigation systems shall be maintained in goodconditionforaslongastheuseonthepropertycontinues. All developments shall be responsible for landscaping and maintenance ofadjacentparkways. Section 17. 38.070 Fences and Walls. 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: A. In required front yards the maximum height of a fence or wall shall be forty- two (42) inches. B. Any fence or wall which is located within fifty (50) feet of a public right- of-way and which fronts on that right- of-wayshallbeconstructedofdecorativemasonryblock. C. Along a street identified in the General Plan Circulation Element as a Modified Collector or larger, the Planning Com- mission, pursuant to Design Review approval, may require a perimeter wall to be eight (8) feet in height or higher. Nothing within this Section is intended to preclude the PlanningCommission, 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 thesituationorsetting. Where security fencing is installed, a minmimum of ten (10) park-ing spaces shall remain unenclosed and all circulation patternsshallbemaintained. Section 17. 38.080 Self- serve Devices. Self- serve devices, includ-ing, but not limited to, newspaper racks, ice machines, and collec-tion containers for recyclable material, may be permitted in alldistrictssubjecttoapprovalbytheDirectorofCommunityDevelop-ment prior to installation. In approving the location of saiddevicestheDirectorshallensurethatthedevice: A. Complies with all other City Codes and Ordinances. B. Will not interfere with pedestrian and vehicular circulation patterns. C. Will not encroach into a public right- of-way. D. Will not encroach into required parking, setback, or landscapeareas. Section 17. 38.090 Gasoline Dispensing Establishments. The provi-sions of this Section shall apply to all new construction and recon-struction of service stations and other places where motor fuels aredispensed. A. Site: Sites for Gasoline Dispensing Establishments shall have a minimum net lot area of 15, 000 square feet and a frontage of 125 feet on any street having a driveway. B. Pumps: All gasoline pumps and pump islands upon which theyareplacedshallbesetbackaminimumofforty (40) feetfromanypropertyline. C. Canopies: Canopies shall observe the same setback as re- quired for the primary structures on the site. D. Activities: The following activities may be permitted: Dis- pensing of gasoline, oil, grease, tires, batteries, and re-placement parts and installation of the items enumerated. E. Repair and Servicing: All repair equipment including hydraulichoists, portable jacks, pits, alignment equipment, and tireequipmentandallservicingotherthandispensingoffuelandandoilshallbeentirelyenclosedwithinabuilding. F. Circulation: No more than two points of ingress shall beallowedtoanystreet; however, the Planning Commission may findtwopointsofingresstobe .inappropriate and therefore not per-mitted at all locations due to traffic considerations. No drive-way shall be allowed to encroach into a corner radius; further, the driveway locations may be further restricted by the Planning Commission to reduce traffic problems and protect pedestrian and vehicular traffic. G. Parking: Vehicles shall not be parked on the premises other than in designated parking spaces. H. Walls: A decorative masonry wall a minimum of six (6) feet in height shall be constructed and maintained along all interior property lines. Said wall shall be reduced to forty- two (42) inches within required yards adjacent to a public right- of-way. I. .Signs: Price signs shall be limited to the minimum. size and number required by State law. All such signs shall be in- corporated as an integral part of the business' permanent sign- age in such a manner as not to detract from the appearance of the primary sign. Price signs shall not be affixed to light standards or other non- sign structures. Advertising displays and devices other than approved signs shall be prohibited. J. Towing Operations: Towing operations, clearly incidental to, and in conjunction with, a permitted Gasoline Dispensing Establishment may be permitted provided trucks when on site are parked within approved parking spaces. K. Design: Except as otherwise provided in this Section, Gasoline Dispensing Establishments shall be expected to comply with the design concepts and standards contained in this Chapter and with- in the individual District Chapters as required for all other commercial businesses. L. Restrooms: Men' s and women' s restrooms shall be provided and made available to customers. M. Alcoholic Beverages: The sale of alcoholic beverage shall be prohibited at establishments where gasoline is dispensed. Section 17. 38.100 Automobile Storaae. Automobiles parked in anyrequiredparkingspaceshallbedrivable, clearly operational in general, and have a current license and registration. Section 17. 38.110 Desian. The City of Lake Elsinore is primarily a rural- residential community. Accordingly, commercial and industrial development should be designed to reflect the residential nature and character of the city and to recognize and maintain the development patterns, landscape features, materials and forms that are fundamen- tal to the City' s environmental setting. A visitor to the City should not sense a great distinction between land use zones but rather should find such similar attributes as well landscaped yard areas and attractive and visually interesting buildings providing a harmonious transition between Districts. The "Business Park" concept probably best illustrates the character of development that the city desires and encourages. The most repre-sentative look of this concept is a street bordered by decoratively landscaped setback areas with attractive buildings and well land- scaped parking lots just beyond. Outdoor work areas and storage are well screened. Among the basic principles necessary to achieve this image are the following: A. Sitina: Projects should present a clean and attractive street- scape while satisfying the functional needs of the owner or tenant. The focus of the project should not be on such unat- tractive entities as storage yards, loading activities, or mechanical equipment; but should instead be on those items that are inherently attractive or can be visually enhanced such as landscaping, natural lot features, entrances, major tenant structures. Buildings should be located to the front of the site and work areas to the rear. Where the work areas remain visible to a public right- of-way they should be screened using walls, gates,landscaping or combinations thereof. Trash should be locatedintheworkareasandappropriatelyscreened. B. Architecture: All buildings should be designed to enhance their surroundings. Variety of building design and form is encouraged,however consideration should be given to patterns of neighboringdevelopmentsothatnoprojectinterfereswiththeprivacy, quiet,view or function of its neighbors or is at such architectural variance that its design detracts from the district as a whole. Industrial buildings by their very nature tend to be quite largeandbox- like. However, buildings that are merely undifferentia- ted rectangular forms, i. e., plain boxes, will not satisfy theCity' s aesthetic requirements. Instead, buildings shall be expected to employ treatments, such as the staggering of planesalongexteriorwallstocreatepocketsoflightandshadow, to break. up the mass and provide relief from monotonous, uninter- rupted expanses of wall. Other features, such as the use of curved corners and varying roof lines should also be considered as means to dramatically change the appearance and add vitality. In order to improve the appearance of a project from adjacentright- of-ways, the rear elevation of those structures facing theright- of-way should receive special architectural enhancement. Screen walls and accessory structures (i. e. canopies, etc.) whichadjointhebuildingshouldbetreatedasextensionsofthebuild-ing and therefore employ design elements reflective of the pri- mary architecture. Signs and gxaphics also play an important role, and thereforefromthestartthebuildingdesignshouldallocatespaceforthe logical and integrated placement of signs (including address). Finally, there are a myriad of miscellaneous concerns that can impact the appearance of the building and need to be addressed. These include such matters as zero lot- line parapets, gradedifferentials, exiting requirements, ect. As a rule these matters should be resolved in a way which accommodates the pri-mary architectural statement of the building. For example, in the case of the zero lot- line parapet, adjoining parapets shouldberaisedtheadditionalamountsothatthebuilding' s exteriordesigntreatmentiscontinuousandunbroken. C. Colors and Materials: Sensitive alteration of colors and mater-ials should be used to produce diversity and enhance architectu-ral effects. While no category of exterior materials is consi-dered "correct," the use of a particular material should, as arule, exemplify the special characteristics of the product or bedemonstrativeofitsuniqueapplication. For example, the useoftilt- up panels employing .formed designs or with exposed aggre-gate is preferable to smooth- surfaced or painted panels. Simi-larly, metal as an enhancement material is accceptable whileplainmetalbuildingsarenot. Paint, in general, should be con-sidered an enhancement tool but should not be considered a re- placement for the use of textured surfaces. D. Ancillary Eauipment: Another important consideration is that themyriadofattendantmechanicalandelectricalequipmentassocia-ted with the building not disrupt or detract from the architec-ture. To this end, all roof equipment should be screened fromviewfromoff- site; and the required screening should be providedasanintegralaspectofthebuilding' s design. Where designnecessitatestheuseofadd- on screening, such screening shall beconstructredofanodizedaluminumorsimilardurablematerialwoodscreensarenotacceptable). Wall mounted items such as roof- ladders and electrical panelsshouldbelocatedwithintheinteriorofthebuildingorinspeciallydesignedareas. Where down- spouts are visible from apublicright- of-way they too should be located within the interior-.of the building. E. Entrances: The treatment of major building entrances is an impor-tant aspect of strengthening tenant identity and thereby helpingtoassurethecontinuedviabilityofanindustrialproject. Thecloseracompanyisassociatedwithitsfacility, the more likely that company will maintain the facility in good condition.. To assure good entries, project design shall incorporate special architectural and landscape enhancement features at entry areas to serve to focus the attention of visitors. Such features shall include measures to separate and ease pedestrian access from park- ing areas and to separate the entries from the more intense work areas. F. Loadina Areas: The primary objective of the design of loading areas should be to make then useful. There should be adequate truck maneuvering area for the size of truck anticipated. Trucks utilizing loading docks should not encroach upon drive aisles or parking spaces. In no case should trucks have to use public right- of-way to maneuver into a loading space and this shall in- clude the necessity to have to back from a public right- of-way. Secondly, in order to maintain attractive vistas within commercial and industrial areas, loading doors should be screened to prevent direct visibility into them from adjacent streets. Such screeningshouldbeprovidedasanaspectoftheintegraldesignofthe building. Landscaping may be used to provide supplemental screen- ing provided sufficient quantities and proper types of material is utilized. Section 17. 38.120 Trash Enclosures. Trash enclosures shall be con- structed pursuant to the City' s standard design on file with the Department of Building and Safety. Said enclosures shall be provided based on a minimum ratio of one, three- cubic- yard- container enclosure for each: A. 5, 000 square feet of total floor area for units up to 20, 000 square feet. B. 10, 000 square feet of total floor area for units larger than 20, 000 square feet and up to 50, 000 square feet. C. 15, 000 square feet of total floor area for units larger than 50, 000 square feet. . In determining the number of enclosures to be provided, all resultant numbers shall be rounded up to the next whole integer. Enclosures shall be placed in a location convenient to the unit( s) it is intended to serve and in no case shall an enclosure be located further than one- hundred (100) feet from the associated unit( s). A decorative trellis work shall be incorporated into the design of anyenclosurelocatedwithin25feetofatwo- story building having win- dows overlooking the enclosure. Section 17. 38.130 Mailboxes. When utilized, common- collection mail- boxes within an industrial or commercial complex shall be installed pursuant to the design standards on file with the Division of Build- ing and Safety. The location of all mailboxes shall be reviewed with the Planning Division prior to installation. Common- collection mail- boxes should be located in decorative housings which incorporate simi- lar materials, colors, and textures utilized on the building within the complex. The area for the mailbox should be of sufficient size to enable patrons to pick up or deposit mail without having to en- roach upon landscaping, walks, or parking. The housing for the mail- box should offer patrons protection from the elements. Section 17. 38.140 Circulation Patterns. Circulation patterns within commercial and industrial districts shall be designed to minimize the number of curb cuts required. Curb cuts should be located as far as possible from intersections and whenever possible be aligned with others on the opposite side of the street. Section 17. 38.150 Dust and Erosion Control. On all properties which are to be developed in phases but for which mass grading is proposed,measures shall be taken to provide for proper dust and erosion control.To ensure compliance with this Section, the Planning Commission, pur-suant to Design Review, may require the vacant areas to be landscapedincludingirrigation), cash bonds to be posted to pay for watertrucks, the soil to be treated with sealers, or any combination there-of. Section. 17. 38.160 Aaricultural Land Use. In any commercial or indus-trial district, the use of the land for horticultural uses may be permitted until such time as the property is developed in accordancewiththeprovisionsofthedistrict, subject to approval of a Use Permit pursuant to the provisions of Chapter 17. 74. Section 17. 38.170 Conversion of Structure. The conversion of resi-dential structures, service stations, and nonconforming structures innon- residential zones from one use to another shall require approvalofaConditionalUsePermitpursuanttotheprovisionsofChapter17. 74. In approving the Use Permit the Planning Commission shall impose conditions necessary to assure that the conversion will not impact adjoining properties or the reasonable use thereof, and to pro-vide for adequate parking and circulation and that the architectural design and materials will not detract from the character of the neigh-borhood. Such conversion shall also be required to provide for anypublicimprovementsthatwouldnormallyberequriedfornewconstruc-tion. CHAPTER 17. 40 C- 0 COMMERCIAL OFFICE DISTRICT" SECTIONS: Section Section Section Section Section Section Section Section Section Section Section Section 17. 40.010 17. 40.020 17. 40.030 17. 40.040 17. 40.050 17. 40.060 17. 40.070 17. 40.080 17. 40.090 17. 40.100 17. 40.110 17. 40.120 Purpose Permitted Uses Uses Subject to a Conditional Use Permit Site Criteria Setbacks Building Height Conditions and Exceptions of Residential Structures Office" Use Landscape Improvements Parking Signs Design Review Design Standards for Conversions to "Commercial Section 17. 40.010 Purpose. The intent of the "C- O" District is to provide opportunities for administrative and professional offices as well as ancillary uses and those additional uses which through appearance and operation are harmonious with the character of an office environment. The "C- O" District should be used to pro-vide a transitional buffer between residential districts and commer-cial or industrial districts. This chapter also contains provisionstoallowtheorderlyconversionofresidentialstructurestooffice uses in certain transitional areas subject to conditions designed to protect nearby residential uses. Section 17. 40.020 Permitted Uses. Uses permitted in the "C- O" District shall include those businesses listed below which operateincompliancewiththeintentandstandardsofthisdistrictandare conducted entirely within a completely enclosed building. Each business shall be evaluated in terms of its operational character-istics and specific site location. , A. Accountants, advertising agencies, appraisers, attorneys,business and management consultants, economists, publicrelationsconsultants, and other professional offices. B. Administrative or executive offices of any type of business. C. Architects, landscape architects, planners, engineers and surveyors, geologists, industrial designers, graphic designers, and interior designers not including retail sales on the premises. D. Art and craft galleries or studios. E. F. G. H. I. J. Barber shops and beauty salons. Employment agencies, travel agencies, and airline ticket agencies. Financial institutions, including banks, savings and loan associations, finance companies and credit unions. Government buildings and service facilities; excludingstorageequipmentorrepairorwarehouses. Insurance brokers and services, investment brokers, real estate brokers and offices, and title and escrow companies. Medical complexes including medical, dental, and health- related services; excluding any housing for persons aged,infirm, or ill. K. Oculists, opticians, and optometrists. L. Office supply and stationery stores. M. Photography studio. N. Prescription pharmacies. O. Public utility distribution and transmission facilities excluding private radio, television, and paging antenna towers. P. Quick copy and printing establishments. Q. Restaurants and eating places (excluding drive- ins and drive throughs) which are not open between the hours of 10: 00 p. m. and 7: 00 a. m.; provided they comply with the requirements of Chapter 17. 66, Parking Requirements. R. Schools and studios for arts, crafts, photography, music and dance. S. Other uses that the Planning Commission finds by resolution to be in accord with the purpose of this Chapter and havingcharacteristicssimilartothoseuseslistedinthisSection. A list of these uses shall be maintained in the Planning Department for future 'reference. Section 17. 40.030 Uses Subject to a 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 impactsurroundingpropertiesandthereforerequireadditionalapprovaland 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 including in conjunction with a parochial school. B. Commercial day care center. C. Conversion of residential structures pursuant to Section17. 40.040. D. Mortuaries. E. Office condominiums. F. Private non- commercial clubs and lodges. G. 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. H. Small animal veterinary clinics subject to the followingadditiontoallotherconditionsoftheUsePermit: 1. Treatment of animals is restricted to dogs, cats and other small domesticated animals and birds. 2. The operation shall be conducted in a completelyenclosedandsoundcontrolledbuildinginsucha 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 park-ing area. 2. Structures exceeding the maximum height pursuant to Section17. 40.060. Section 17. 40.040 Site Criteria. There shall be no :minimum lot size required for a "C- O" parcel. However, in establishing and maintaininglocationsorapprovingusesforthe "C- O" District it shall be demon- strated 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. C. The site is physically suitable for the proposed type and density of development and capable of permitting full compliance with the the City' s development standards and practices. Section 17. 40.050 Setbacks. The following minimum standards shall apply to all new construction in the "C- O" District: A. Front: The front yard setback for any building in the "C- 0" District shall average twenty (20) feet but in no case shall be less than fifteen (15) feet. 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 fifteen (15) feet. C. Notwithstanding subsection 1 and 2, the setback from a publicright- of-way to a parking or driveway area may be ten feet (10'). Section 17. 40.060 Buildina Heiaht. The maximum height shall bethirty- five (35) feet. However, special architectural features such as towers may be permitted to exceed this height subject to approval of a Use Permit pursuant to Chapter 17. 74, Conditional Use Permits. Section 17. 40.070 Conditions and Exceptions for Conversion of Resi- dential Structures to "Commercial- Office" Uses. A residential struc- ture may be converted to a permitted use, subject to the approval of a Conditional Use Permit pursuant to the provisions of Chapter 17. 74,provided the development complies with all development standards andcriteriacontainedhereinthisChapter. In approving the Use Permit the Planning Commission shall impose conditions necessary to assure that the conversion will not impact adjoining properties or the reasonable use thereof and to provide for adequate parking, circula- tion, and that the architectural design of the structure will not detract from the character of the neighborhood (both residential and commercial). Section 17. 40.080 Landscape Improvements. All areas not utilized for structures, parking, or other permitted uses shall be landscaped. In addition, the following minimum standards shall apply: A. Adjacent to Streets: A continuous area, a minimum of ten feet 10') 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 deco- rative treatments of sufficient size and height to meet this requirement. B. Buffer Landscaping: A continuous visual landscape screen a minimum of fifteen (15) feet in depth, shall be maintained adjacent to all interior property lines which abut resi- dential uses. At minimum, said buffer shall contain one (1), fifteen (15) gallon, non- deciduous, umbrella form tree for each thirty (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 ten percent (10~) of the total lot area. Such landscaping shall be evenly dis- tributed over the site and consist of an effective combination of trees, ground cover and shrubbery, which may include landscaping required for set- backs 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 con- siderations include the use of court- yards, atriums, creative use of ground floor public space, creative use of water elements, and the incorporation of sculpture or art work in the land scape proposal. Section 17. 40.090 Parkina. The provisions of Chapter 17. 66 shall be used to determine the parking for development in the "C- O" District. Section 17. 40.100 Signs. The provisions of Chapter 17. 94 shall be used to determine permitted signs in the "C- O" District. Section 17. 40.110 Desian Review. No building permits shall beissuedfortheconstructionofanybuildingorstructureinthe "C- O"District until the applicant has obtained Design Review approval pur-suant to the provisions of Chapter 17. 82. Section 17. 40.120 Desian Standards. Chapter 17. 38 contains non- resi-dential development standards applicable to all projects within theCityregardlessofzoningdistrict. It is therefore important thattheprovisionsofChapter17. 38 be considered together with the regu-lations contained herein for the "C- O" District. CHAPTER 17. 44 C- 1 NEIGHBORHOOD COMMERCIAL DISTRICT" SECTIONS: Section 17. 44.010 Section 17. 44.020 Section 17. 44.030 Section 17. 44.040 Section 17. 44.050 Section 17. 44.060 Section 17. 44.070 Section 17. 44.080 Section 17. 44.090 Section 17. 44.100 Section 17. 44.110 Purpose Permitted Uses Uses Subject to a Conditional Use Permit site Criteria Setbacks Building Height Landscape Improvements Parking Signs Design Review Design Standards Section 17. 44.010 Purpose. 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, throughcharacteristicsoftheiroperation, serve primarily the day- to-dayshoppingneedsoflocalresidents. 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 designa-tions, 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. Section 17. 44.020 Permitted Uses. Uses permitted in the "C- 1" District shall include those businesses listed below which operateincompliancewiththeintentandstandardsofthisdistrictandare conducted entirely within a completely enclosed building. Eachbusinessshallbeevaluatedintermsofitsoperationalcharacter-istics and specific site location. A. All permitted uses of the "C- O" District contained within Section 17. 40.020. B. Apparel stores. C. Appliance stores. D. Bicycle shops. E. Food stores; including markets, bakeries, and health food establishments, candy stores. F. Florists. G. General merchandise stores. H. Hardware stores. I. Health and exercise clubs. J. Hobby supply stores. K. Jewelry stores. L. Media shops; including bookstores, newsstands, and video tape outlets. M. Music stores; including sales of instruments, records, and tapes. N. Personal service establishments; including barbershops,beauty shops, dry cleaning and tailors. O. Pet shops; retail sales and grooming only. No boarding ofanimals. P. Restaurants and eating places provided they comply with the requirements of Chapter 17. 66, 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) and excluding repair and service. V. 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 Depart- ment for future reference. Section 17. 44.030 Uses Subject to a 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- 1" District shall require a Use Permit pursuant to Chapter 17. 74 and shall include the following: A. Automatic car washes; provided they shall be located a minimum of two hundred (200) feet from any residential use. B. Bars or cocktail lounges; not in conjunction with a restaurant. C. Drive- through or drive- in establishments; provided a safe and efficient circulation system can be provided completely on- site. D. 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 conjunction with another busi- ness, but excluding vending machines dispensing a product for sale. E. Gasoline dispensing establishments, subject to the provisions of Chapter 17. 38 F. Mortuaries. G. Private clubs and lodges. H. Restaurants and eating places with outside eating areas. I. Small animal veterinary clinics subject to the followingadditiontoallotherconditionsoftheUsePermit: 1. Treatment of animals is restricted to dogs, cats and ,other small domesticated animals and birds. 2. The operation shall be conducted in a completelyenclosedandsoundcontrolledbuildinginsucha 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 park-ing area. J. Structures exceeding the maximum height permitted by Section17. 44.060. Section 17. 44.040 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 demon- strated 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. C. The site is physically suitable for the proposed type and density of development and capable of permitting full compliance with the the City' s development standards and practices.. Section 17. 44.050 Setbacks. The following minimum standards shall apply to all new construction in the "C- 1" District: A. Front: The front yard setback for any building in the "C- 1" District shall average twenty (20) feet but in no case shall be less than fifteen (15) feet. 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 fifteen (15) C. Notwithstanding subsections 1 and 2, the setback from a publicright- of-way to a parking or driveway area may be ten feet (l0'). Section 17. 44.060 Buildina Heiaht. Except as otherwise provided bySection17. 44.030 the maximum building height shall be thirty- five 35) feet. Section 17. 44.070 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 Streets: A continuous area, a minimum of ten feet 10') 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 dec- orative treatments of sufficient size and height to meet this requirement. B. Buffer Landscaping: A continuous visual landscape screen, a minimum of fifteen (15) feet in depth, shall be maintained adjacent to all interior property lines which abut resi- dential uses. At minimum, said buffer shall contain one (1), fifteen (15) gallon, non- deciduous, umbrella form tree for each thirty (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 the l0~) percent of the total lot area. Such landscaping shall be evenly dis- tributed over the site and consist of an effective combination of trees, ground cover and shrubbery, which may include landscaping required for set- backs 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 con- siderations include the use of court- yards, atriums, creative use of ground floor public space, creative use of water elements, and the incorporation of sculpture or art work in the landscape proposal. Section 17. 44.090 Parking. The provisions of Chapter 17. 66 shall beusedtodeterminetheparkingfordevelopmentinthe "C- 1" District. Section 17. 44.100 Si ns. The provisions of Chapter 17. 94 shall be used to determine permitted signs in the "C- 1" District. Section 17. 44.110 Desian Review. No building permits shall be issuedfortheconstructionofanybuildingorstructureinthe "C- 1" DistrictuntiltheapplicanthasobtainedDesignReviewapprovalpursuanttotheprovisionsofChapter17. 82. Section 17. 44.120 Desian Standards. Chapter 17. 38 contains non- resi-dential development standards applicable to all projects within theCityregardlessofzoningdistrict. It is therefore important thattheprovisionsofChapter17. 38 be considered together with the regulations contained herein for the "C- 1" District. CHAPTER 17. 48 C- 2 GENERAL COMMERCIAL DISTRICT" SECTIONS: Section 17. 48.010 Section 17. 48.020 Section 17. 48.030 Section 17. 48.040 Section 17. 48.050 Section 17. 48.060 Section 17. 48.070 Section 17. 48.080 Section 17. 48.090 Section 17. 48.100 Section 17. 48.110 Section 17. 48.120 Section 17. 48.130 Purpose Permitted Uses Uses Subject to a Conditional Use Permit Lot Area Street Frontage Width Setback Building Height Landscape Improvements Lots of Record Parking Signs Design Review Design Standards Section 17. 48.010 Purpose. The intent of the "C- 2" District is to reserve appropriate locations consistent with the General Plan to accommodate a full range of retail stores, offices, personal and business service establishments offering commodities and ser- vices scaled to meet the needs of the residents of the entire city. Because of the intensity of use associated with the "C- 2" District, properties assigned this designation shall be located on streets that are categorized as Secondary, Major or Arterial Highways.C- 2" properties should not be located in close proximity to resi- dential uses unless the Planning Commission finds that the site is physically suitable for the proposed type and density of develop-ment and there is sufficient parcel size to ensure adequate buffer- ing and screening of residential developments. Section 17. 48.020 Permitted Uses. Uses permitted in the "C- 2" District shall include those businesses listed below which operateincompliancewiththeintentandstandardsofthisdistrictandare conducted entirely within a completely enclosed building. Each business shall be evaluated in terms of its operational character- istics and specific site location. A. Adult entertainment facilities subject to the provisions of Chapter 17. 70. B. All permitted uses of the "C- O" and "C- 1" Districts as contained within Sections 17. 40.020 and 17. 44.020. C. Antique shops and auction galleries. D. Bowling alleys; provided they comply with the requirements of Chapter 17. 66, Parking Requirements. E. Bus depots and transit stations. F. Department stores. G. Floor covering shops. H. Furniture stores. I. Home improvement centers. J. Sale of motor vehicle, motorcycle and recreational vehicle parts and accessories and service incidental to the sale of parts. K. Skating rinks; provided they comply with the requirements of Chapter 17. 66, Parking Requirements. L. Second hand and thrift shops. M. Service businesses similar to retail stores which do not involve warehousing or storage, except accessory storage of commodities sold at retail on the premises. N. Theaters; provided they comply with the requirements of Chapter 17. 66, Parking Requirements. O. Other uses that the Planning Commission finds by resolution to be in accord with the purpose of this Chapter and havingcharacteristicssimilartothoseuseslistedinthissection. A list of these uses shall be maintained in the Planning Department for future reference. Section 17. 48.030 Uses Subject to a Conditional Use Permit. It is recognized that certain uses while similar in characteristics to Permitted Uses in Section 17. 48.020 may require outdoor operationand/ or have the potential to impact surrounding properties and there- fore 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. 74.030. B. Business colleges and professional schools. C. Car washes. D. Dance halls, discotheques, or any establishment providingliveentertainment. E. Motor vehicle, motorcycle and recreational vehicle sales; and service incidental to the sale of parts but excludingmajoroverhauls, painting, and body work. F. Outdoor sales and display incidental and accessory to a permitted use. G. Structures exceeding the maximum height permitted bySection17. 48.070. Section 17. 48.040 Lot Area. The minimum lot area for new lots in the "C- 2" District shall be 25, 000 square feet net. Within centers which have Design Review approval pursuant to Chapter 17. 82 and which share reciprocal facilities such as parking and access,smaller lots in the form of individual pads may be permitted pro-vided it can be shown that development upon those lots can comply,with the exceptions of street frontage width, with all of the standards of this chapter. Section 17. 48.050 Street Frontaae Width. The minimum street fron- tage width of any new lot created in the "C- 2" District shall be 100 feet. Section 17. 48.060 Setbacks. The following minimum standards shall apply to all new construction in the "C- 2" District: A. Front: The front yard setback for any building in the "C- 2" District shall average twenty (20) feet but in no case shall be less than fifteen (15) feet. B. Side and rear yard: No setback shall be required from interior lot lines except adjacent to a publicright- of-way or a residential use, in which case the minimum setback shall be fifteen (15) feet. C. Notwithstanding subsections 1 and 2, the setback from a publicright- of-way to a parking or driveway area may be ten feet (10'). Section 17. 48.070 Buildina Height. Except as otherwise provided bySection17. 48.030 the maximum building height shall be forty- five45) feet.., Section 17. 48.080 Landscape Improvements. All area not utilized for structures, parking, or other permitted uses shall be land- scaped. In addition, the following minimum standards shall apply: A. Adjacent to Streets: A continuous area, a minimum of ten feet 10') in depth, shall be landscaped and maintained between parking area and the public right- of-way. Parking area should be screened as much as possible utilizing berms, shrubs, and other dec- orative treatments of sufficient size and height to meet this requirement. B. Buffer Landscaping: A continuous visual landscape screen, a minimum of fifteen (15) feet in depth, shall be maintained adjacent to all interior property lines which abut resi- dential uses. At minimum, said buffer shall contain one (1), fifteen (15) gallon, non- deciduous, umbrella form tree for each thirty (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 the 10%) percent of the total lot area. Such landscaping shall be evenly dis- tributed over the site and consist of an effective combination of trees, ground cover and shrubbery, which may include landscaping required for set- backs 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 con- siderations include the use of court- yards, atriums, creative use of ground floor public space, creative use of water elements, and the incorporation of sculpture or art work in the land- scape proposal. Section 17. 48.090 Lots of Record. Existing lots of record as of the date of this ordinance (August 26, 1986), which do not comply with the required minimum lot standards contained herein may be used as a building site for a permitted use, provided the development complieswithallotherdevelopmentstandardsandcriteriacontainedherein Section 17. 48.100 Parkina. The provisions of Chapter 17. 66 shall be used to determine the parking for development in the "C- 2" District. Section 17. 48.110 Signs. The provisions of Chapter 17. 94 shall be used to determine permitted signs in the "C- 2" District. Section 17. 48.120 Design Review. No building permits shall be issued for the construction of any building or structure in theC- 2" District until the applicant has obtained Design Review approval pursuant to the provisions of Chapter 17. 82. Section 17. 48.130 Desian Standards. Chapter 17. 38 contains non- residential development standards applicable to all projects within the City regardless of zoning district. It is therefore importantthattheprovisionsofChapter17. 38 be considered together with the regulations contained herein for the "C- 2" District. CHAPTER 17. 52 C- P COMMERCIAL PARK DISTRICT" SECTIONS: Section 17. 52.010 Section 17. 52.020 Section 17. 52.030 Section 17. 52.040 Section 17. 52.050 Section 17. 52.060 Section 17. 52.080 Section 17. 52.090 Section 17. 52.100 Section 17. 52.110 Section 17. 52.120 Section 17. 52.130 Purpose Permitted Uses Uses Subject to a Conditional Use Permit Accessory Uses Site Criteria Setback Building Height Landscape Improvements Parking Signs Design Review Design Standards Section 17. 52.010 Purpose. The intent of the "C- P" District is to reserve appropriate locations consistent with the General Plan to accommodate the needs of tourists and recreational enthusiasts and to protect such areas from intrusion by incompatible uses. The CityofLakeElsinorerecognizesthatitsscenicandrecreationalresources are of great economic and social importance to the City and the regionandthereforepermitsinthisDistrictonlyuseswhichareenviron- mentally sensitive and which are capable of contributing to the long-term quality and viability of the area. Section 17. 52.020 Permitted Uses. Uses permitted in the "C- P" Dis-trict shall include those businesses listed below which operate in compliance with the purpose, intent and standards of this district. Each business shall be evaluated in terms of its operational charac-teristics and specific site location. A. Arboretums and horticultural gardens. B. Art galleries. C. Antique shops and auction galleries. D. Automobile rental agencies; offices only.E. Barber and beauty shops. F. Bait shops. G. Boat and boat accessory sales; and repair when in conjunctionwithsales. H. Bowling alleys, miniature golf courses, theaters, and skatingrinks (ice or roller). I. Bicycle rental shops. J. Conventional and conference centers. K. Florists. L. Gift, novelty, and souvenir shops. M. Ice cream shops. N. Jewelry stores. O. Motels and hotels. P. Museums. Q. Observatories. R. Private marine, estuarial, wildlife and wilderness preserves.S. Restaurants and eating places; excluding drive- ins, drive- throughs, and those with outdoor eating areas. T. Sports arenas; indoor only U. Ticket agencies. V. Travel agencies and bureaus. W. Other uses that the Planning Commission finds by resolutiontobeinaccordwiththepurposeofthisChapterandhavingcharacteristicssimilartothoseuseslistedinthisSection. However, those uses typically associated with "C- O", " C- 1",and "C- 2" Districts and which normally serve the daily needs of the community shall generally not be found to be in compliance with the purpose of this Chapter. A list of all uses added by the Planning Commission shall be maintained inthePlanningDepartmentforfuturereference. Section 17. 52.030 Uses Subject to a Conditional Use Permit. It isrecognizedthatcertainuseswhilesimilarincharacteristicsto Permitted Uses in Section 17. 52.020 may require 'outdoor operation and/ or have the potential to impact surrounding properties and there- fore require additional approval and consideration. Such uses to be permitted in the "C- P" District shall require a Use Permit pursuant to Chapter 17. 74 and shall include the following: A. Automobile rental agencies with uses other than office only. B. Bars and cocktail lounges not in conjunction with a restaurant. C. Boat landings. D. Bus depots and transit stations. E. Dance halls, discotheques, or any establishment providing live entertainment. F. Fishing piers. G. Game arcades; includes any establishment having five (5) or more mechanical or electronic games of chance, skill or entertainment, whether as the primary use or in conjunction with another business, but excluding vending machines dis- pensing a product for sale. H. Golf courses and driving ranges. I. Heliports. J. Marinas. K. outdoor sales and display incidental and accessory to a permitted use. L. Restaurants with outdoor eating areas. M. Structures exceeding the maximum height permitted by Section 17. 52.080. N. Tennis clubs. O. Theme amusement parks. Section 17. 52.040 Accessorv Uses. and uses may be located on the same that they remain clearly incidental are found to be compatible with the District, and that all buildings or architectural style of the main bui shall be located in a front setback The following accessory buildings lot with a permitted use, provided and secondary to the primary use, character of the Commercial- Park structures are harmonious with the Lding( s). No accessory structure area. A. The following uses when operated in conjunction with a hotel or motel even though individually they may have required a Use Permit: 1. Bars and cocktail lounges. 2. Boat landings. 3. Dance halls, discotheques, or any establishment providingliveentertainment. 4. Fishing piers. 5. Game arcades; includes any establishment having five (5) or more mechanical or electronic games of chance, skill or entertainment, whether as the primary use or in conjunctionwithanotherbusiness, but excluding vending machines dis- pensing a product for sale. 6. Golf courses and driving ranges. 7. Health studios and exercise clubs. 8. Tennis clubs. Section 17. 52.050 Site Criteria. There shall be no minimum lot size required for a "C- P" parcel. However, in establishing and maintaininglocationsorapprovingusesforthe "C- P" District it shall be demon- strated that the property is capable of compliance with the followingcriteria: 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 bufferingandscreeningwhereneededtoprotectresidentialdevelopments. C. The site is physically suitable for the proposed type and densityofdevelopmentandcapableofpermittingfullcompliancewith the City' s development standards and practices. Section 17. 52.060 Setbacks. The following minimum standards shallapplytoallnewconstructioninthe °C- P" District: A. .Front: The front yard setback for any building in the "C- P" District shall average twenty- five (25) feet but in no case shall be less than twenty (20) feet. B. Side and rear yard: No setback shall be required from interior lot lines except adjacent to a publicright- of-way or a residential use, in which case the minimum setback be as pre- scribed for the front yard setback. C. Notwithstanding subsection 1 and 2, the setback from a publicright- of-way to a parking or driveway area may be ten feet (10') Because of the unique characteristics of the District it is impor-tant that incompatible elements of a site design not impact uses on an adjoining property regardless of zoning. When the Planning Com- mission deems that a potential for adverse impact exists, it may,pursuant to the design review process, impose side and rear yardsetbackswherenoneareotherwiserequired. Section 17. 52.080 Building Height. Except as otherwise provided bySection17. 52.030 the maximum building height shall be fifty- five55') feet. Section 17. 52.090 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 Streets: A continuous area, a minimum of ten feet (10') in depth, shall be land- scaped and maintained between park- ing area and the public right- of-way. Parking areas should be screened as much as possible utilizing berms, shrubs, and other decorative treat- ments of sufficient size and height to meet this requirement. B. Buffer Landscaping: A continuous visual landscape screen, a minimum of fifteen (15) feet in depth, shall be maintained adjacent to all interior property lines which abut resi- dential uses. At minimum, said buffer shall contain one (1) fifteen (15) gal-lon non- deciduous, umbrella form tree for each thirty (30) lineal feet of boundary lengh. 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 the ten percent (10%) of the total lot area. Such landscaping shall be evenly dis- tributed over the site and consist of an effective combination of trees, ground cover and shrubbery, which mayincludelandscapingrequiredforset- backs 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 con- siderations include the use of court- yards, atriums, creative use of groundfloorpublicspace, creative use of water elements, and the incorporation of sculpture or art work in the land- scape proposal. Section 17. 52.100 .Parking. The provisions of Chapter 17. 66 shall beusedtodeterminetheparkingfordevelopmentinthe "C- P" District. Section 17. 52.1T0 Signs. The provisions of Chapter 17. 94 shall be used to determine permitted signs in the "C- P" District. Section 17. 52.120 Design Review. No building permits shall be issued for the construction of any building or structure in the "C- P" Dis- trict until the applicant has obtained Design Review approval pur- suant to the provisions of Chapter 17. 82. Section 17. 52.130 Desian Standards. Chapter 17. 38 contains non- resi- dential development standards applicable to all projects within the City regardless of zoning district. It is therefore important that the provisions of Chapter 17. 38 be considered together with the regulations contained herein for the "C- P" District. CHAPTER 17. 54 C- M: COMMERCIAL MANUFACTURING DISTRICT" Sections: Section 17. 54.010 Purpose. Section 17. 54.020 Permitted Uses. Section 17. 54.030 Uses Subject to a Conditional Use Permit Section 17. 54.040 Accessory Uses. Section 17. 54.050 Lot Area. Section 17. 54.060 Street Frontage Width Section 17. 54.070 Setbacks. Section 17. 54.080 Building Height. Section 17. 54.090 Landscape Improvements. Section 17. 54.100 Lots of Record. Section 17. 54.110 Parking. Section 17. 54.120 Signs. Section 17. 54.130 Design Review. Section 17. 54.140 Design Standards. Section 17. 54.010 Purpose. The intent of the "C- M" District is to provide opportunities consistent with the General Plan for uses which combine commercial and industrial characteristics and for certain commercial uses which require large display or storage areas. Properties assigned this designation shall be located on streets that are categorized as Secondary, Major, or Arterial High- ways in order to accommodate the intensity of use and increased truck traffic associated with the "C- M" District and, also, to en- sure a high degree of visibility to benefit the commercial aspectsofthebusinesses. In a like manner "C- M" projects should demon- strate a higher quality of appearance befitting their more commer- cial nature than would a typical industrial project. Section 17. 54.020 Permitted Uses. Uses permitted in the "C- M" District shall include those businesses listed below which operateincompliancewiththeintentandstandardsofthisdistrictand are conducted entirely within a completely enclosed building. Eachbusinessshallbeevaluatedintermsofitsoperationalcharacter-istics and specific site location. A. Appliance repair. B. Auction galleries. C. Bicycle sales, rental and repair. D. Bus depots and transit stations. E. Contractors shops, offices and storage where entirelywithincompletelyenclosedbuilding. F. Equipment sales and service. G. Feed and grain stores. H. Furniture and major appliance sales. I. Home furnishing sales, including floor coverings, draper-ies, lighting fixtures, paint and wallpaper sales, etc. J. Home improvement centers. K. Industrial supply businesses such as welding supply shops,paint shops, and plumbing shops L. Larqe equipment sales. M. Lawn mower repair shops. N. Light manufacturing compatible with other permitted com- mercial uses. O. Offices for on- site management and leasing, provided thetyshallbedirectlyrelatedtoandinvolvedwiththepropertyonwhichtheyarelocated. P. Printing, blueprinting and reproduction establishments. Q. Sale of motor vehicle, motorcycle and recreational vehicle parts and accessories and service incidental to the saleofparts. R. Second hand and thrift shops. S. Service businesses similar to retail stores which involve warehousing or storage of commodities sold on the premisessuchasglassshops, plumbing shops, and irrigation supplystores. T. Service stations subject to the provisions of Chapter 17. 38. U. Soils engineering and testing firms. V. Upholstery shops. W. Wholesale distribution. X. Other uses that the Planning Commission finds by resolu- tion 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 17. 54.030 Uses Subiect to a Conditional Use Permit. It is recognized that certain uses while similar in characteristics to Permitted Uses in Section 17. 54.020 may require outdoor operationand/ or have the potential to impact surrounding properties and, therefore, require additional approval and consideration. Such uses to be permitted in the "C- M" District shall require a Use Per- mit pursuant to Chapter 17. 74 and shall include the following: A. Building material sales. B. Cabinet shops. C. Car washes. D. Eating places and fast food establishments; excludingdrive- in and drive- through establishments. E. Equipment rental yards. F. Health clubs, racquetball and indoor tennis courts, and similar related facilities where they occupy a minimum of 20, 000 square feet of building area. G. Lumberyards. H. Mini- storage or mini- warehouses. 2. Motor vehicle, motorcycle and recreational vehicle sales and service. J. Outdoor sales and display incidental and accessory to a permitted use. K. Recreational vehicle storage yards, provided that there shall be a minimum of twenty- foot landscaped setback from all streets and yards shall be screened from all public thoroughfares by a decorative, solid masonry wall a minimum of six feet in height, as measured from the highest gradeelevationfromeithersideofthewall. L. Recycling centers, not including automobile salvage or dismantling. M. Research offices and laboratories for the conduct of scientific research involving design, fabrication, and testing of prototypes and the performance of environ- mental tests. N. Small animal veterinary clinics subject to the followinginadditiontoallotherconditionsoftheUsePermit: 1. Treatment of animals is restricted to dogs, cats and other small domesticated household pets. 2. The operation shall be conducted in a completelyenclosedandsoundcontrolledbuildinginsucha 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. O. Structures exceeding the maximum height permitted bySection17. 54.080. P. Tire sales and service. Q. Trade schools. R. Headquarters and administrative offices with a minimum floor area of 30, 000 square feet for a single user and provided they comply with all development standards of Chapter 17. 40, " C- O" District, including parking require-ments. S. Any "C- M" use when the property upon which it is located is within one hundred (100) feet of the exterior boundaries of any residential district. Section 17. 54.40 Accessory Uses. The following accessory build- ings and uses may be located on the same lot in conjunction with a permitted use, provided that they remain clearly incidental and secondary to the primary permitted use, are found to be compatiblewiththecharacterofthebusinessdistrictinwhichtheyare located, and that any buildings or structures are harmonious with the architectural style of the main building( s). No accessorystructureshallbelocatedinafrontsetbackarea. A. Outdoor storage areas subject to the following: 1. Outdoor storage areas shall be permitted only in con- junction with and as an integral aspect of a permitted use and shall not be the primary use of the property. 2. All storage yards shall be enclosed on all sides with a screen a minimum of six (6) feet in height as measured from the highest grade elevation either side of the screen. The screen shall be a decorative, solid masonrywall; except chain link with redwood or cedar slats or wood fencing may be permitted where the storage yard is not visible from a public thoroughfare. 3. No materials shall be stored higher than the screen. 4. Storage areas shall not encroach upon parking, land- scaping, drive aisles, required truck loading areas or required yard areas. 5. No storage of scrap, waste or other material not uti- lized in the production process is permitted. 6. No storage area shall be located within fifty (50) feetofapropertyuponwhichthereisaresidentialuse. B. General offices. C. Guard offices; excluding those with living facilities. D. Employees' cafeterias. E. Retail sales of products produced on the premises and incidental retail sales relevant to businesses permittedinSection17. 54.020 and 17. 54.030. F. Showroom for exhibition of products produced on the pre-mises or available for wholesale distribution. Section 17. 54.050 Lot Area. The minimum lot area for new lots inthe "C- M" District shall be 20, 000 square feet net. IndustrialcondominiumsorPlannedUnitDevelopmentsmayhavesmallerlot areasprovidedtheyaremasterplannedandsharereciprocalfacilitiessuchasparkingandaccessandprovideditcanbeshownthatdevelop-ment upon those lots can comply, with the exception of street frontagewidth, with all of the standards of this chapter. Section 17. 54.060 Street Frontaae Width. The minimum street fron-tage width of any new lot created in the "C- M" District shall be100feet. Section 17. 54.070 Setbacks. Except for setbacks along certainstreets, as required in Chapter 17. 38, the following minimum stan-dards shall apply to all new construction in the "C- M" District: A. Front: The front yard setback for any building in the C- M" District shall average twenty (20) feet butinnocaseshallbelessthanfifteen (15) feet. B. Side and rear yard: No setback shall be required from interior lot lines except adjacent to a public right- of-way or a resi- dential use in which case the mini- mum setback shall be fifteen (15) feet. C. Notwithstanding subsections 1 and 2, the setback from a public right- of-way to a parking or driveway area may be ten feet (10'). Section 17. 54.080 Building Height. Except as otherwise provided by Section 17. 54.030 the maximum building height shall be forty- five 45) feet. Section 17. 54.090 Landscape Improvements. All areas not utilized for structures, parking, or other permitted uses shall be landscaped. In addition, the following minimum standards shall apply: A. Adjacent to Streets: A continuous area, a minimum of ten 10) feet in depth shall be land- scaped and maintained between park- ing area and the public rights- of-way. Parking areas should be screened as much as possible utilizing berms, shrubs, and other decorative treat- ments of sufficient size and height to meet this requirement. B. Buffer Landscaping: A continuous visual landscape screen, a minimum of fifteen (15) feet in depth, shall be maintained adjacent to all interior property lines which abut residential uses. At minimum, said buffer shall contain one (1), fifteen (15) gallon, non- deciduous, umbrella form tree for each thirty 30) lineal feet of boundary length. No structure or use, including park- ing, drive aisles „ or trash enclo- sures, shall encroach within this area. C. Generally: All building sites shall have a minimum land- scaped coverage equivalent to the eight percent 8~) 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 in- clude 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 purposes of this provision, quality considerations in- clude the use of courtyards, atriums, creative use of ground floor public space, creative use of water elements, and the incorporation of sculpture or art work in the landscape proposal. Section 17. 54.100 Lots of Record. Existing lots of record as of the date of adoption of this ordinance (August 26, 1986), which do not comply with the required minimum lot standards contained here-in may be used as a building site for a permitted use, providedthedevelopmentcomplieswithallotherdevelopmentstandardsand criteria contained herein. Section 17. 54.110 Parking. The provisions of Chapter 17. 66 shall be used to determine the required parking for development in theC- M" District. Section 17. 54.120 Signs. The provisions of Chapter 17. 94 shall beusedtodeterminepermittedsignsinthe "C- M" District. Section 17. 54.130 Design Review. No building permits shall beissuedfortheconstructionofanybuildingorstructureintheC- M" District until the applicant has obtained Design .Review approval pursuant to the provisions of Chapter 17. 82. Section 17. 54.140 Desian Standards. Chapter 17. 38 contains non- residential development standards applicable to all projects within the City regardless of zoning district. It is, therefore, importantthattheprovisionsofChapter17. 38 be considered together with the regulations contained herein for the "C- M" District. CHAPTER 17. 56 M- 1 LIMITED MANUFACTURING DISTRICT" SECTIONS: Section 17. 56.010 Section 17. 56.020 Section 17. 56.030 Section 17. 56.040 Section 17. 56.050 Section 17. 56.060 Section 17. 56.070 Section 17. 56.090 Section 17. 56.100 Section 17. 56.110 Section 17. 56.120 Section 17. 56.130 Section 17. 56.140 Section 17. 56.150 Purpose Permitted Uses Uses Subject to a Conditional Use Permit Accessory Uses Lot Area Street Frontage Width Setbacks Building Height Landscape Improvements Lots of Record Parking Signs Design Review Design Standards Section 17. 56.010 Purpose. The intent of the "M- 1" District is to reserve appropriate locations consistent with the General Plan for certain categories of light industrial uses that are relatively free of nuisance or hazardous characteristics and to protect these areas from intrusion by residential, commercial, and other inharmonious uses. Whereas "M- 1" uses will generally be located in the more visible industrial areas of the City, such as adjacent to major thoroughfares,it is intended they will play a major role in establishing the perceived identity of the City' s industrial districts. Accordingly,this Chapter also includes appropriate development criteria to assure a superior appearance of all structures and uses as well as provisionsfortheproperinclusionoflandscapingandbufferfeatures. Section 17. 56.020 Permitted Uses. Uses permitted in the "M- 1" Dis- trict shall include those businesses listed below which operate in compliance with the purpose, intent and standards of this district, are conducted entirely within a completely enclosed building, and maintain an exterior environment free from odor, dust, smoke, gas,noise, vibration, electromagnetic disturbance, and the storage of hazardous waste. Each business shall be evaluated in terms of its operational characteristics and specific site location. A. Cabinet shops and furniture manufacture. B. Catering services. C. Ceramic products manufacture using only previously pulverized clay, and kilns fired by electricity or gas. D. Cold storage plants. E. Commercial kennels. F. Die and pattern making. G. Electroplating. H. Equipment rental agencies. I. Gas dispensing establishments subject to the provisions of Chapter 17. 38 J. Lawn mower repair shops. K. Machine shops. L. Manufacture, assembly, and repair of: 1. Aircraft accessories and parts. 2. Electronic equipment and components. 3. Business machines. 4. Electrical devices generally. 5. Garments. 6. Household appliances. 7. Machine tools. 8. Motor vehicles, farm equipment, motorcycle, recreational vehicles, boats and trailers and accessories and parts.9. Small miscellaneous consumer products. M. Manufacture and maintenance of signs and advertising structures. N. Offices for on- site management and leasing, provided they shall be directly related to and involved with the property on which they are located. O. Sheet metal shops. P. Soils engineering and testing firms. Q. Upholstering shops. R. Veterinary clinics. S. Wholesale distribution. T. Other uses that the Planning Commission finds by resolution to be in accord with the purpose of this Chapter and having charac- teristics similar to those uses listed in this Section. A list of these uses shall be maintained in the Planning Department for future reference. 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; salvageenterprisesorvehiclewreckingyards; sand blasting; smelt- ing; soap works; storage or baling of junk, old metal, rags,rubber or paper; tannery; and wood distillation. Section 17. 56.030 Uses Subject to a Conditional Use Permit. It isrecognizedthatcertainuseswhilesimilarincharacteristicstoPermittedUsesinSection17. 56.020 may or have the potential toimpactsurroundingpropertiesandthereforerequireadditionalap-proval and consideration-. Such uses to be permitted in the "M- 1"District shall require Planning Commission review and approval of a Use Permit pursuant to Chapter 17. 74 and shall include the fol-lowing: A. Any "M- 1" use proposed to be located on a parcel which iswithin100feetoftheexteriorboundariesofaresidentialDistrict. B. Any use listed in Section 17. 56.20 which because of operationalcharacteristicsspecifictotheparticularbusinessorproposedlocationisfoundbytheDirectorofCommunityDevelopmenttohavethepotentialtonegativelyimpactadjoiningproperties,businesses, or residents and, therefore, requires additional approval and consideration. Said impacts may be related to, butnotnecessarilylimitedto, impacts of traffic, hours of opera-tion, assemblages of people, noise, or site location. C. Heavy equipment sales and rental. D. Headquarter and administrative offices with a minimum total floorareaof30, 000 square feet for a single user and provided theycomplywithalldevelopmentstandardsofChapter17. 40, " C- O"District, including parking requirements.E. Health clubs, racquetball and indoor tennis courts, and similarrelatedfacilitieswheretheyoccupyaminimumof20, 000 squarefeetofbuildingarea. F. Mini- storage or mini- warehouses. G. Recreational vehicle storage yards, provided that there shallbeaminimumtwenty- foot (20') landscaped setback from allstreetsandyardsshallbescreenedfromallpublicthorough-fares by a decorative, solid masonry wall a minimum of six feet6') in height, as measured from the highest grade elevationfromeithersideofthewall. H. Recycling centers, not including automobile salvage or dis-mantling. I. Research offices and laboratories for the conduct of research involving design, fabrication, and testing types and the performance of environmental tests. J. Structures exceeding the maximum height permitted by 17. 56.090. K. Trade schools and industrial training centers. L. Restaurants and eating places scientific of proto- Section Section 17. 56.040 Accessorv Uses. The following accessory buildings and uses may be located on the same lot in conjunction with a permit- ted use, provided that they remain clearly incidental and secondary to the primaary use, are found to be compatible with the character of the business district in which they are located, and that any building or structures are harmonious with the architectural style of the main building( s). No accessory structure shall be located in a front set- back area. A. Outdoor storage areas subject to the following: 1. Outdoor storage areas shall be permitted only in conjunctionwithandasanintegralaspectofapermitteduseandshall not be the primary. use of the property. 2. All storage yards shall be enclosed on all sides with a screen a minimum of six (6) feet in height as measured from the highest grade elevation either side of the screen. The screen shall be a decorative, solid masonry wall; except chain link with redwood or cedar slats or wood fencing may be permitted where the storage yard is not visible from a public thorough-fare. 3. No materials shall be stored higher than the screen. 4. Storage areas shall not encroach upon parking, landscaping,drive aisles, required truck loading areas or required yard areas. 5. No storage of scrap, waste or other material not utilized in the production process is permitted. 6. No storage area shall be located within fifty (50) feet of a property upon which there is a residential use. B. General offices. C. Guard offices; excluding those with living facilities D. Employees' cafeterias. E. Retail sales of products produced on the premises and incidental retail sales relevant to businesses permitted in Section 17. 56. 020 and 17. 56.030. F. Showroom for exhibition of products produced on the premises or available for wholesale distribution. Section 17. 56.050 Lot Area. The minimum lot area for new lots in the "M- 1" District shall be 20, 000 square feet net. Industrial condominiums or planned unit developments may have smaller lot areas provided they are master planned and share reciprocal facilities such as parking and access and provided it can be shown that development upon those lots can comply, with the exception of street frontagewidth, with all of the standards of this Chapter. Section 17. 56.060 Street Frontaae Width. The minimum street frontagewidthofanynewlotcreatedinthe "M- 1" District shall be 100 feet. Section 17. 56.070 Setbacks. The following minimum standards shall apply to all new construction in the "M- 1" District: A. Front: The front yard setback for any building in the "M- 1" District shall average twenty (20) feet but in no case shall be less than fifteen (15) feet. 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 the same as required for the front yard setback. C. Notwithstanding subsections 1 and 2, the setback from a publicright- of-way to a parking or driveway area may be ten feet (10'). Section 17. 56.090 Buildina Heiaht. Except as otherwise provided bySection17. 56.30 the maximum building height shall be forty (40) feet. Section 17. 56.100 Landscabe Improvements. All area not utilized forstructures, parking, or other permitted uses shall be landscaped.In addition, the following .minimum standards shall apply: A. Adjacent to Streets: A continuous area, a minimum of ten feet (10') in depth, shall be land- scaped and maintained between park- ing area and the public right- of-way. Parking areas should be .screened as much as possible utilizing berms, shrubs, and. other decorative treat- ments of sufficient size and height to meet this requirement. B. Buffer Landscaping: A continuous visual landscape screen, a minimum of fifteen (15) feet in depth, shall be maintained adjacent to all interior property lines which abut residential uses. At minimum,said buffer shall contain one (1),twenty- four inch (24") box, non- deci- duous, umbrella form tree for each thirty (30) lineal feet of boundary length. No structure or use, includ- ing parking, drive aisles, or trash enclosures, shall encroach within this area. C. Generally: All building sites shall have a mini- mum landscaped coverage equivalent to the eight percent (8~) of the total lot area. Such landscaping shall be evenlydistributedoverthesiteandconsist of an effective combination of trees, ground cover and shrubbery, which mayincludelandscapingrequiredforset- backs 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, qual- ity considerations include the use of courtyards, atriums, creative use od ground floor public space, creative use of water elements, and the incor- poration of sculpture or art work in the landscape proposal. Section 17. 56.110 Lots of Record. Existing lots of record as ofthedateofadoptionofthisordinance (August 26, 1986), which donotcomplywiththerequiredminimumlotstandardscontainedhereinmaybeusedasabuildingsiteforapermitteduse, provided thedevelopmentcomplieswithallotherdevelopmentstandardsandcri-teria contained herein. Section 17. 56.120 Parking. The provisions of Chapter 17. 66 shall beusedtodeterminetheparkingfordevelopmentinthe "M- 1" District. Section 17. 56.130 Signs. The provisions of Chapter 17. 94 shallbeusedtodeterminepermittedsignsinthe "M- 1" District. Section 17. 56.140 Desian Review. No building permits shall beissuedfortheconstructionofanybuildingorstructureintheM- 1" District until the applicant has obtained Design ReviewapprovalpursuanttotheprovisionsofChapter17. 82. Section 17. 56.150 Desian Standards. Chapter 17. 38 contains non-residential development standards applicable to all projects with-in the City regardless of zoning district. It is therefore impor-tant that the provisions of Chapter 17. 38 be considered togetherwiththeregulationscontainedhereinforthe "M- 1" District. CHAPTER 17. 60 M- 2 GENERAL MANUFACTURING DISTRICT" SECTIONS: Section 17. 60.010 Section 17. 60.020 Section 17. 60.030 Section 17. 60.040 Section 17. 60.050 Section 17. 60.060 Section 17. 60.070 Section 17. 60.090 Section 17. 60.100 Section 17. 60.110 Section 17. 60.120 Section 17. 60.130 Section 17. 60.140 Section 17. 60.150 Purpose Permitted Uses Uses Subject to a Conditional. Use Permit Accessory Uses Lot Area Street Frontage Width Setbacks Building Height Landscape Improvements Lots of Record Parking Signs Design Review Design Standards Section 17. 60.010 Purpose. The intent of the "M- 2" District is to reserve appropriate locations consistent with the General Plan to accommodate a full range of industrial, manufacturing, and related establishments in order to strengthen the City' s economic base and to increase employment opportunities. Locations for the General Manufacturing designation shall be given special consideration, for uses envisioned for the "M- 2" District may have operational charac- teristics or features that make their location near less intensive uses or highly visible areas of the City inappropriate. However, uses which have nuisance features that cannot be mitigated or which pose a threat to public health or safety shall not be permitted. This Chapter also includes appropriate development criteria to assure a quality appearance of all structures and uses from publicright- of-ways in order to encourage the long term viability of the District as well as to attract desirable users. Section 17. 60.020 Permitted Uses. Uses permitted in the "M- 2" Dis- trict shall include those businesses listed below which operate in compliance with the purpose, intent and standards of this district,. are conducted entirely within a completely enclosed building, and maintain an exterior environment free from odor, dust, smoke, gas, noise, vibration, electromagnetic disturbance, and the storage of hazardous waste. Each business shall be evaluated in terms of its operational characteristics and specific site location. A. All permitted uses in the "M- 1" District listed in Section 17. 56.020. B. Bakeries, wholesale and distribution. C. Bottling plants. D. Box factories. E. Building materials manufacture and assembly. F. Can and metal container manufacture. G. Canvas products manufacture. H. Carpet and rug manufacture. I. Commercial laundries. J. Contractor shops. K. Creameries and dairy product plants. L. Frozen food distributors and ice manufacture. M. Glass and glass products manufacture. N. Machinery manufacture. O. Manufacturing, assembling, compounding, packaging, and processingofcosmetics, drugs, and pharmaceuticals. P. Mobile home and recreational vehicle manufacture and assembly.Q. Motor and generator manufacture. R. Moving agencies and storage warehouses. S. Paint manufacture. T. Paper products manufacture U. Photographic processing. v. Porcelain products manufacture. W. Tire retreading and recapping. X. Warehousing; excluding freight and truck terminals. Y. Wood and lumber processing and woodworking. X. Other uses that the Planning Commission finds by resolution to be in accord with the purpose of this Chapter and having charac- teristics similar to those uses listed in this Section. A list of these uses shall be maintained in the Planning Division for future reference. Section 17. 60.030. Uses Subiect to a Conditional Use Permit. It is recognized that certain uses while similar in characteristics to Permitted Uses in Section 17. 60.020 mayor have the potential to impact surrounding properties and therefore require additional ap-proval and consideration. Such uses to be permitted in the "M- 2" District shall require Planning Commission review and approval of a Use Permit pursuant to Chapter 17. 74 and shall include the fol- lowing: A. Any "M- 2" use proposed to be located on a parcel which is within 300 feet of the exterior boundaries of a residential District. B. Any use listed in Section 17. 60.020 which because of opera-tional characteristics specific to the particular business or proposed location is found by the Director of CommunityDevelopmenttohavethepotentialtonegativelyimpactadjoiningproperties, businesses, or residents, and, there- fore, requires additional approval and consideration. Said impacts may be related to, but not necessarily limited to,impacts of traffic, hours of operation, assemblages of people,noise, or site location. C. Any used listed in Section 17. 60.020 that requires outdoor work,assembly, or processing areas. D. Airports, heliports, and landing strips. E. Asphalt batching plants. F. Animal, food, or beverage processing of the following kinds: 1. Breweries, distilleries and wineries. 2. Meat or fish products packing, canning, or processingslaughterhouses. 3. Vinegar, yeast and sauerkraut. G. Concrete mixing and batching plants. H. Distilling of alcohol, bones, coal, coal tar, coke or wood. I. Filling stations for liquid petroleum products. J. Freight terminals. K. Hay storage and hay trucking terminals. L. Heavy metal works of the following kinds: 1. Blast furnaces. 2. Boiler works. 3. Drop forge industries. 4. Drop hammers. 5. Forge, foundaries, and forging works. 6. Metal and metal ore reduction or smelting.7. Rolling mills. M. Manufacture of: 1. Acetylene. 2. Ammonia. 3. Aniline dyes. 4. Asphalt or asphalt products. 5. Bleaching powder. 6. Bronze, babbit metal and similar alloys.7. Carbide. 8. Carbolic, hydrochloric, picric and sulphuric acid.9. Caustic soda. 10. Cellulose and celluloid. 11. Cellophane. 12. Cement, line, gypsum, or plaster of paris. 13. Charcoal, lampblack, or fuel briquettes. 14. Chlorine. 15. Coal, coke or coal tar products. 16. Creosote. 17. Exterminating agents. 18. Fertilizer. 19. Film. 20. Flammable gases. 21. Lacquer, shellac, turpentine, varnish, or calcimine 22. Linoleum or oil cloth. 23. Matches.. 24. Nitrating of cotton and other materials. 25. Phenol. 26. Potash. 27. Pyroxylin. 28. Rubber (natural and synthetic). 29. Soap, tallow, grease and lard. N.Refining of fats and oils, metal and metal ores,petroleum and petroleum products, and sugar. O.Rock- crushing plants and aggregate dryers. P.Salvage, wrecking and disposal activities of the following kinds: 1. Automobile wrecking and salvage. 2. Building wrecking and salvage. 3. Dumps, including garbage and trash disposal,metal, rags,clothing, glass and paper salvage operations. Q.Sandblasting plants. R.Storage of: 1. Automobiles and other vehicles purchased. for wreckingoperations. 2. House mover' s equipment and buildings moved from other locations. 3. Fertilizer or manure. 4. Oil or gas in amounts of two thousand five hundred barrels or more. 5. Sand, gravel, rock, or decomposed granite in amounts of two thousand tons or more. 6. Used building materials or second hand buildings. S. Structures exceeding the maximum height permitted by Section 17. 60.100. T. Trade schools and industrial training centers. U. Truck and other heavy equipment sales, rebuilding, repair,and maintenance. V. Truck stops. W. Truck terminals. Section 17. 60.040 Accessorv Uses. The following accessory buildingsandusesmaybelocatedonthesamelotinconjunctionwithapermit-ted use, provided that they remain clearly incidental and secondarytotheprimarypermitteduse, are found to be compatible with the character of the business district in which they are located, and that any building or structure are harmonious with the architectural styleofthemainbuilding( s). No accessory structure shall be located in a front yard area. A. Outdoor storage areas subject to the following: 1. Outdoor storage areas shall be permitted only in conjunctionwithandasanintegralaspectofapermitteduseandshall not be the primary use of the property. 2. All storage yards shall be enclosed on all sides with a screen a minimum of six (6) feet in height as measured from the highest grade elevation either side of the screen. The screen shall be a decorative, solid masonry wall; except chain link with redwood or cedar slats or wood fencing may be permitted where the storage yard is not visible from a public thorough- fare. 3. No material shall be stored higher than the screen. 4. Storage areas shall not encroach upon parking, landscaping,drive aisles, required truck loading areas or required yard areas. 5. No storage of scrap, waste or other material not utilized in the production process is permitted. 6. No storage area shall be located within fifty (50) feet of a property upon which there is a residential use. 7. Storage regulated by this section shall not be deemed to include storage which can be considered an aspect of a business outdoor work processes governed by Section 17. 60. 030. C. B. General offices. C. Guard offices; excluding those with living facilities D. Employees' cafeterias. E. Retail sales of products produced on the premises. F. Showroom for exhibition of .products produced on the premises or available for wholesale distribution. Section 17. 60 050 Lot Area. The minimum lot area for new lots in the "M- 2" District shall be one acre net. Master planned industrial parks and industrial condominiums may have smaller lot areas pro-vided they are master planned and share reciprocal facilities such as parking and access and provided it can be shown that development uponthoselotscancomply, with the exception of street frontage width,with all of the standards of this Chapter. Section 17. 60.060 Street Frontaae Width. The minimum street frontagewidthofanynewlotcreatedinthe "M- 2" District shall be 100 feet. Section 17. 60.070 Setbacks. The following minimum standards shall apply to all new construction in the "M- 2" District: A. Front: The front yard setback for any lot in the "M- 2" District shall be a minimum of twenty (20) feet. 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 the same as required for the front yard setback. C. Notwithstanding subsections 1 and 2, the setback from a publicright- of-way to a parking or driveway area may be ten feet (l0'). Section 17. 60.090 Buildina Height. Except as otherwise provided bySection17. 60.30 the maximum building height shall be forty- five (45)feet. Section 17. 60.100 Landscape Improvements. All area not utilized for structures, parking, or other permitted uses shall be landscaped. Inaddition, the following minimum standards shall apply: A. Adjacent to Streets: A continuous area, a minimum of ten feet (10') in depth, shall be land- scaped and maintained between park- ing area and the public right- of-way. The only encroachment permitted into this area shall be access drive aisles entering perpendicular to the frontage and decorative hardscape which is used to enhance the landscape features of project. 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: 1. A continuous visual landscape screen, consisting of ground cover, trees and shrubs, a minimum of fifteen (15) feet in depth, shall be maintained to all interior property lines which abut residential uses. At minimum, said buffer shall contain one (1), twenty- four (24) inch box, non- deciduous, umbrella form tree for each thirty (30) lineal feet of boundary length. No structure or use, including parking, drive aisles, or trash enclosures, shall encroach within this area. 2. When outdoor work, assembly, or operational areas are permit- ted and the area is located within fifty (50) feet of a publicright- of-way, then the frontage of that area visible from the public right- of-way shall be screened by a landscaped berm and decorative masonry wall combination with a minimum height of ten (10) feet. C. Generally: All building sites shall have a minimum landscaped coverage equivalent to the eight percent (8%) of the total lot area. Such landscaping shall be evenly dis- tributed over the site and consist of an effective combination of trees, ground cover and shrubbery, which may include landscaping required for set- backs 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 con- siderations include the use of court- yards, atriums, creative use of ground floor public space, creative use of water elements, and the incorporation of sculpture or art work in the landscape proposal. Section 17. 60.110 Lots of Record. Existing lots of record as of the date of adoption of this ordinance (August 26, 1986), which do not comply with the required minimum lot standards contained herein maybeusedasabuildingsiteforapermitteduse, provided the develop-ment complies with all other development standards and criteria contained herein. Section 17. 60.120 Parkina. The provisions of Chapter 17. 66 shall be used to determine the parking for development in the "M- 2" District. Section 17. 60.130 Signs. The provisions of Chapter 17. 94 shall be used to determine permitted signs in the "M- 2" District. Section 17. 60.140 Desian Review. No building permits shall be issued for the construction of any building or structure in the "M- 2" District until the applicant has obtained Design Review approval pursuant to the provisions of Chapter 17. 82. Section 17. 60.150 Desian Standards. Chapter 17. 38 contains non- residential development standards applicable to all projects within the City regardless of zoning district. It is therefore importantthattheprovisionsofChapter17. 38 be considered together with the regulations contained herein for the "M- 2" District. CHAPTER 17. 66 PARKING REQUIREMENTS SECTIONS: 17. 66.010 Purpose 17. 66.020 General Provisions 17. 66.030 Number of Parking Spaces Required 17. 66.040 Size of Parking Spaces and Required Aisle Widths 17. 66.050 Loading Space Requirements 17. 66.060 Drive Through Establishments 17. 66.070 Shared and Off- Site Parking 17. 66.080 Circulation and Parking Space Layout 17. 66.090 Surface of Parking Areas 17. 66.100 Landscaping 17. 66.110 Lighting 17. 66.120 Parking Lot Permit 17. 66.130 Parking and Storage of Commercial Vehicles 17. 66.140 Parking and Storage in Residential Zones Section 17. 66.010 Purpose. The purpose of this section is to provide sufficient off- street parking and loading spaces for all land uses and to assure the provision and maintenance of safe, adequate and well- designed off- street parking facilities. It is the intent of this section that the number of parking spaces shall be in proportion to the need created by the particular type of use. The standards for parking facilities are intended to reduce street congestion and traffic hazards, promote vehicular and pedestrian safety and efficient land use. Off- street parking and loading areas shall be established in a manner which will promote compati-bility between parking facilities and surrounding neighborhoods,protect property values and enhance the environment through gooddesignbyprovidingsuchamenitiesaslandscaping, walls, fencingandsetbacks, improve the appearance of parking lots, yards, un- covered sales areas and buildings, control heat, wind and air pollutants, minimize nuisances, and promote aesthetic values and the general well- being of the residents of the City. Off- street vehicle parking shall be provided in accordance with this section when the building or structure is constructed or the use of estab-lished. Additional off- street parking shall be provided in accord- ance with this section if an existing building is altered or dwell- ing units, apartments or guest rooms are added, or a use is inten-sified by the addition of floor space or seating capacity, or thereisachangeofuse, at the time of such alteration, addition, in-tensification or change of use. Section 17. 66.020 General Provisions. A. All required parking and loading spaces and drivewaysshallbemaintainedingoodconditionandavailable for its intended use as long as the use for which it was required continues to operate or exist. Exceptinresidentialdistricts, inside a garage, no storageshallencroachintoanyrequiredparkingorloading space or driveway and no vehicles shall be continuouslyparkedintheseareas, and all vehicles so parked shall be operable and have current registration. B. Where automobile parking spaces are provided and main- tained on a lot in connection with a structure, at the time this Chapter became effective, are insufficient to meet the requirements for the use with which they are associated, or where no such parking has been provided,said structure may be altered or enlarged, or such use may be extended or intensified only if additional auto- mobile parking spaces are provided to meet the standards for said use in conformity with the requirements set forth in this Chapter,. for the enlargements, extension or addition proposed. C. Where calculations of the number of spaces required results in a fractional number, the next higher whole number shall be used. D. In cases of mixed use in a building or on a lot, the total requirements for off- street parking shall be the sum of the requirements for the various uses computed separately. E. When a garage is specifically required, or provided to meet required parking, entry doors shall be maintained in an operable condition at all times, and no structural alteration or permanent obstruction shall be permitted within the required parking area which would reduce the number of required parking spaces. Use of garages shall be limited to vehicular and general storage purposes only and shall not conflict with any applicable building, housing, or fire codes. F. Vacant lots, privately owned lots, and parking lots of commercial and industrial businesses shall not be used for the advertising and sale of motor vehicles, boats or trailers, or similar property unless they are dulylicensedbytheCitytodoso, except that occupied pro- perty may be used for the sale of personal vehicles of the property owners providing not more than one vehicle may be displayed which is not otherwise prohibited bytheChapterandsubjecttotheprovisionsofSection 17. 94. 100( 8). Section 17. 66.030 Number of Parking Spaces Required. The following minimum numbers of off- street parking spaces shall be provided in accordance with this Chapter for all new buildings or uses and when any building or use is altered, extended, changed, or intensified: A. In commercial districts and generally for commercial uses, including offices, except in the Commercial Manufacturing District, one (1) parking space shall be provided for each 250 square feet of gross floor area, unless otherwise specified in subsection (D)below. B. In the Commercial- Manufacturing District, one (1) parking space shall be provided for each 400 square feet of unit area up to twenty- thousand (20, 000) square feet, plus one (1) space for each one- thousand 1, 000) square feet of unit area over twenty- thousand20, 000) square feet, plus one (1) space for each one- thousand (1, 000) square feet of outside sales, display or storage area, unless otherwise specified in sub- section (D) below. Parking in this district shall be based on the individual unit size into which a buildingisdividedandthecumulativetotalofspacesrequired for the individual units shall be the required parkingforabuilding. C. In Manufacturing Districts, except the Commercial- Manu- facturing District, one (1) parking space shall be pro-vided for each five- hundred (500) square feet of unit area for up to twenty- thousand (20, 000) square feet, plus one (1) space for each one- thousand (1, 000) square feet of unit area over twenty- thousand (20, 000) square feet, unless otherwise specified in subsection (D) below. Parking is this district shall be based on the individual unit size into which a building is divided and the cumulative total of spaces requried for the individual units shall be the required parking for the building. D. For the following uses the minimum number of parking spaces required shall be as specified below. The required parking shall be the cumulative total for all uses on the same site. 1. .For residential uses: a. Single- Family detached dwellings and duplexes: Two (2) spaces per dwell- ing unit in a garage, plus two (2) open spaces, which may be located in the driveway in a tandem position, in front of the garage door. In lieu of the two open spaces in the driveway, one (i) open space per dwell- ing unit, may be provided elsewhere on the lot or in a common area in a Planned Unit Development. b. For Multi- Family and attached single- family dwellings, other than duplexes: 1) For studio and one bedroom units: one (1) covered space, plus two- thirds (2/ 3) open space per dwell- ing unit; 2) .For two or more bedrooms: one (1) covered space, plus one and one- third (1- 1/3) open space per dwelling unit. 2. Auditoriums, churches, theaters and places of assembly: One (1) space per each three (3) seats. Where there are no fixed seats, one 1) space per twenty- one (21) square feet of floor area in places of assembly. Where fixed seats consist of pews or benches eighteen i8) lineal inches of pew or bench shall be considered one (1) seat. 3. Boardinghouses, fraternities and group living quarters: One (1) space per resident. 4. Bowling alleys: Four (4) spaces per lane. 5. Clubs, discos, ballrooms, cabarets, cocktail lounges, dance halls, lodges, and incidental dancing areas and similar facilities where dancing is the principal use of the area: One (1) parking space for every thirty (3oj square feet of dance floor area. 6. Game courts, such as tennis and racketball: two (2) spaces for each court. 7. Golf courses: Four (4) spaces per hole. 8. Golf driving ranges: One (1) space per tee. 9. Hospitals, acute care: One (1) space perlicensedbed. 10. Hospitals, convalescent and sanitariums, nursinghomes, rest homes, retirement homes and similar establishments: one (1) space for each three (3)licensed beds. 11. Hotels and motels: One (1) space per room or suite, plus one space per every three (3) employees on the largest workshift, plus one (1) space per three (3) persons to the maximum capacity of each public meeting and/ or banquet room, plus fifty percent (50~) of the spaces otherwise required for accessory uses (e. g. restaurants and bars).12. outdoor display, sales, and storage areas: One (1) space for each one- thousand (1, 000) square feet. 13. Restaurants and other eating, drinking, and foodestablishments: One (1) space for each forty- five 45) square feet of customer area, plus one (1) space for each two- hundred (200) square feet of non- customer area. 14. Schools, private: a. Elementary and junior high: One (1) space per teacher and staff member, plus one 1) space per two (2) classrooms; b. Senior high: One (1) space per teacher and staff member on the largest shift, plus five (5) spaces for every classroom; c. College: one (1) space per staff member on the largest shift, plus ten (l0) spaces per classroom; d. Commercial or trade schools: One (1) space per two (2) students, plus one (1) space per employee (including faculty) at capacity class attendance period; e. Day Care/ Pre-school: 0ne( 1) space for each employee plus one (1) space for each ten (10) children the facility is designed to accom- modate. 15. Vehicle repair and service: Three (3) spaces for each service bay, plus one (1) space for each two- hundred- fifty (250) square feet of office, sales, and storage areas. Section 17. 66.040 Size of Parkina Spaces and Required Aisle Width. A. Parking spaces shall have the following minimum clear dimensions and aisle width as indicated below: Space (in feet) Aisle Width (in feet) 30 45 60 90 District Width( 1) Length( 2) deg. deg. deg. deg. Residential- covered (3) 10 20 -- -- __ 28 Residential- uncovered 9 18 12 15 18 24 Industrial- Commercial 9 18 12 15 18 24 Industrial- Commercial(4) Compact 8 15 12 15 18 24 Recreational Vehicle 10 30 15 18 21 28 Parallel Spaces 8 23 __ __ __ __ 1. Open or uncovered spaces with side abutting a wall, building, fence, or other obstruction shall be two- feet (2') wider than the standard required width. 2. Parking space length may include a two (2) foot allowance for vehicle overhang of a landscaped area. 3. The required dimensions of a garage or carport shall be measured from the interior of the garage or car- port. 4. A maximum of twenty- five percent (25%) of the total number of parking spaces, in commercial and indus- trial developments of more than twenty (20) parking spaces may be compact spaces. Compact spaces are not permitted in residential developments. Compact spaces shall be grouped together in logical blocks, equally distributed throughout a parking lot, sub- ject to the approval of the Community DevelopmentDirector, and shall be clearly marked "Compact Cars Only". B. In commercial districts and for commercial parking spaces shall be striped with double feet (2') apart separating spaces. uses, all lines two- C. Parking for the handicapped shall be provided in accor- dance with state requirements. Section 17. 66.050 Loading Space Reauirements. All buildingswhicharenewlyconstructed, altered with respect to use or occu- pancy or expanded shall be provided with off- street loading spaces per the following schedule: A. Square Feet of Unit Space Loading Spaces RequiredGrossFloorArea) Commercial Uses 12, 000- 20, 000 1 Type A over 20, 000 1 Type B Manufacturing Uses Including all uses in the C- M District) under 7, 500 1 Type A 7, 500- 15, 000 1 Type B 15, 001- 25, 000 2 Type B 25, 001- 40, 000 2 Type C 40, 001- 50, 000 3 Type C For each additional 50, 000 1 Type C 1. Loading spaces shall be provided for each individual unit in accordance with the sizes listed. B.Minimum specifications for loading spaces: Vertical Length Width Clearance Type A 20 feet 12 feet 14 feet Type B 40 feet 12 feet 14 feet Type C 55 feet 12 feet 14 feet C.Loading spaces shall not encroach into any drive aisleorotherrequiredspaces. D.Wherever a loading space is located adjacent to parking spaces there shall be a p rotective landscaped buffer aminimumoffive- feet (5')wide separating the two. E.Loading spaces shall be l ocated and designed such thattrucksshallnotneedtomaneuverorbackontoapublicstreetoralley. Section 17. 66.060 Drive- Through Establishments. Notwith- standing any other provisions of this chapter, additional vehiclestoragespacesshallbeprovidedforallestablishmentshavingvehiclepick- up windows as follows: A. A drive- through lane with minimum storage for eight8) vehicles shall be provided at twenty- feet (20')per vehicle. B. The drive- through lane shall be designed such thatitwillnotinterferewithfreeandorderlycirculation of the parking lot. C. The drive- through lane shall not encroach upon or blockdrivewaysorparkingspacesandshallbeseparatedfrom adjoining driveways, parking spaces, and property linesbyalandscapedplanteraminimumoffive- feet (5') inwidth. Section 17. 66.070 Shared and Off- Site Parking. The PlanningCommissionmayapproveaConditionalUsePermittoallowtheuseofsharedandoff- site parking requirements to reduce the total number of_ required on- site parking spaces for different uses when and also to allow sharing of loading spaces when the following requirements have been complied with: A. A parking study addressing the potential peak parking demand and an actual parking survey of the parking facility under consideration shall be submitted. B. Sufficient evidence shall be presented demonstrating that no substantial conflict in the principal hours or periods of peak demand for the structures or uses for which the joint use is proposed will exist. C. Parties concerned in the use of shared or off- site parking facilities shall provide evidence of agree- ments for such use by a proper legal instrument, which shall be recorded in the Office of the County Recorder with two (2) copies thereof filed with the Planning Division as a condition of any approval. D. In no case shall the total parking reduction be allowed to exceed fifty percent (50%) of the total parking for all uses combined. E. Any off- site parking shall be located so that it will adequately serve the use for which it is intended, with safe and convenient access without unreasonable hazard to pedestrian, vehicular traffic, or traffic congestion and shall not be detrimental to the use of any business, property or residential neighborhood in the vicinity. Section 17. 66.080 Circulation and Parking Space Layout. All parking areas shall be designed as follows: A. The location and dimensions of aisle areas adjacent to parking spaces shall be arranged in accordance with the minimum parking standards required by this Chapter. B. For all uses other than one- family and two- family dwellings located in residential districts, park- ing shall be arranged so as to permit vehicles to move out of the parking area without backing onto a street. No tandem spaces shall be allowed, except for one- family and two- family dwellings. C. No two- way drive aisle shall be less than twenty- feet (20'). D. All parking shall be designed to provide complete and through circulation wherever possible. In any case, adequate turning radii and turnarounds shall be provided for emergency vehicles and trash and delivery trucks. E. Parking spaces should be located within one- hundred- fifty- feet (150') of the use which they are intended to serve. Section 17. 66.090 Surface of Parking Area. The followingstandardsshallapplytoallparkingareasrequiredbythis Chapter: A. The flooring material for garages and carports in all districts shall be portland cement concrete. B. All parking and loading spaces and driveways shall be paved and maintained in good and safe condition and shall be so graded and drained as to dispose of all surface water and to prevent water from running off onto adjoining property without the permission of the owner of that property. Pavingofdrivewaysforsingle- family residences may be waived where street improvements are not installed. Drainage courses and swales in parking lots shall be paved with concrete. All asphalt parking lots shall receive a seal coat. C. Except for single- family and two- family residences all off- street parking and loading spaces shall be marked by white stripes not less than four- inches 4") wide painted on the surfaced- area, or bysimilarmeansasapprovedbytheCommunityDevelop- ment Director. Section 17. 66.100 Landscaping. Wherever any parking area, except for single- family dwellings, is provided landscaping con- sisting of trees, shrubs, vines, ground cover, or combinations thereof, and permanent irrigation shall be installed and perma- nently maintained in accordance with the following standards: A. Where any parking area or driveway abuts a street there shall be a minimum setback of ten- feet (l0')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. B. Where any parking or driveway areas which are intended to serve a commercial or industrial use abuts a residential district a minimum ten- foot 10') wide landscaped planter containing ever- green trees spaced not more than thirty- feet 30') apart shall be provided. In addition, a masonry wall a minimum of six- feet (6') in height shall also be constructed along the pro- perty line adjacent to the residential district. C. Where any parking or driveway abuts a residential or commercial district a landscaped planter a minimum of five- feet (5') in width shall separate the parking area or driveway from the property line,unless a greater setback is required by any other provisions of this Title. D. Internal landscaping in addition to subsection (1),2), and (3) above, and equal to a minimum of five percent (5%) of- the parking and driveway areas is required and shall be distributed throughout the parking area. E. All landscape planter beds in interior parking areas shall be not less than five- feet (5') in width and bordered by a concrete curb not less than six- inches 6") nor more than eight- inches (8") in height adja-cent to the parking surface. F. Parking and driveway areas in commercial and residen- tial zones shall be separated from buildings by a landscaped planter. G. Where a drive aisle abuts the side of a parking space a landscaped planter shall separate the parking spacefromthedriveaisle. H. At least one (1) fifteen (15) gallon tree shall be provided within the parking area for every ten (l0)parking spaces. I. Any unused space resulting from the design of the parking area shall be used for landscape purposes. J. The height of boundary or interior landscaping shall be limited to a height not to exceed three- feet (3'),or in the case of trees, no branch shall be belowsix- feet (6'), when within fifteen- feet (15') of the point of intersection of: 1. A vehicular trafficway or driveway and a street; 2. A vehicular trafficway or driveway or sidewalk; 3. Two (2) or more vehicular trafficways or drive- ways or streets. K. Maintenance. Required landscaping shall be maintained in a neat, clean, and healthy condition. This includes pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants where necessary, and the regular watering of all plant material. Section 17. 66.110 Lightina. Parking area lighting is not required, however, if parking areas are lighted such lighting fixtures shall be located, with hoods provided and adjusted, so as to preclude the direct glare of the lights from shining onto pro- perty or streets. Due to the City' s proximity to the Mount Palomar Observatory all outdoor lighting shall be low pressure sodium lamps which are oriented and shielded to prevent direct illumination above the horizontal plane passing through the luminaire. Section 17. 66.120 Parkina occupancy of any building or pr. dence, an approval of a parking Planning Division. The parking tain the following information, or multiple sheets. Lot Permit Required. Prior to the perty except a single- family resi- lot plan shall be obtained from the lot plan shall be requried to con- which may be provided on separate A. Name, address, and location of the development; B. Scale, north arrow, and vicinity map showing closest major streets and distances to cross streets on each side; C. Property lines and lot .dimensions; D. Location and width of all easements; E. Footprint of all structures and any overhangs or projections; F. Location of all entrances and loading doors; G. Location of all curbs and wheel stops; H. Location, typical dimensions, and type of sur- facing for all driveways, parking and loading spaces, and thickness of the paving; I. Location of all trash enclosures, transformers, and any equipment outside a building; J. Striping plan; K. Location and type of any lighting fixtures; L. Location and types of any signs; M. Grading and drainage plan; N. Landscaping and irrigation plan; O. Statistical summary of the project including total gross square feet of each building and the total square feet, the number of covered, standard, and compact parking spaces, and the total number of parking and loading spaces. Section 17. 66.130 Parkina and Storage of Commercial Vehicles. A. Definition: For the purpose of this section "commercial vehicle" shall mean self- propelled vehicle used or main- tained for the transportation of persons for hire, com- pensation or profit or used and maintained primarily for the transportaion of property including, but not limitedto, tractors, vans, trailers, panel trucks, dump trucks,but excluding vans and pickups with wheel bases less thanone- hundred-fifty (150) inches. B. Restrictions: 1. Parking or storing of commercial vehicles in residential districts for any length of time is prohibited, except that commercial vehicles may park for the purpose of making pickups anddeliveriesofmaterialsandmerchandisefrom or to any building or site. 2. Commercial vehicles shall not be parked or stored on vacant or undeveloped propertyinanydistrict. Section 17. 66.140 Parkina and Storaae in Residential Zones. A. When a garage is specifically required, entry doors shallremainoperableatalltimes, and no structural alter-ation or permanent obstruction shall be permitted withintherequiredparkingarea. Use of garages shall be forvehicularandgeneralstoragepurposesonly, and shallnotconflictwithanyapplicablebuilding, housing andfirecodes. B. Motor vehicles, trailers, boats, and similar equipment may be parked within the required front yard setback only in a driveway or parking space which conforms to City Standards. They shall not otherwise be parked intherequiredfrontyardsetback. They may be parkedbehindtherequiredfrontyardsetbackorinaside or rear yard only if they are screened from adjacent pro-perties and the public right- of-way by a .solid fence,wall, or gate a minimum of six- feet (6.') in height. C. No habitation of a trailer, camper, or recreationalvehicleshallbeallowedexceptindulyapprovedcampingareas. CHAPTER 17. 68 SECTIONS: Section 17. 68.010 Section 17. 68.020 Section 17. 68.030 GENERAL REGULATIONS General Regulations Junkyards Mobilehomes Section 17. 68.010 General Reaulations. The provisions of this Chapter shall apply in all districts adopted by this Title. Section 17. 68.020 Junkyards. Junkyards and auto salvage yards conducted outside a building do not conform to the provisions of this Title and shall be removed or made to comply within ten (10) years of the effective date of this Title. In the interim period these uses shall be considered legally nonconforming and shall comply with the provisions of Chapter 17. 72, Nonconforming Uses. During this interim period such nonconforming uses shall be maintained in a good, clean, and safe manner. Such uses which have been vacated for a period of 180 days shall be removed en- tirely. Section 17. 68.030 Mobilehomes. Mobilehomes or manufactured houses shall not be located outside of approved mobilehome or recreational vehicle parks or in a Mobilehome Community District subject to Chapter 17. 32, unless placed on a permanent foundation and in accordance with the other provisions of Section 17. 14.020. CHAPTER 17. 70 SECTIONS: Section 17. 70.010 Section 17. 70.020 Section 17. 70.030 Section 17. 70.040 Section 17. 70.050 Section 17. 70.060 ADULT BUSINESSES Purpose Definitions Location of Adult Businesses Public Display of Certain Matter Prohibited Development Standards Severability Section 17. 70.010 Purpose In adopting this chapter, this Council recognizes that adult businesses possess serious objectionable operational character- istics which when concentrated can have a deleterious effect uponadjacentareas. It is also recognized that locating such uses as are covered by this chapter in the vicinity of facilities frequen-ted by minors will cause their exposure to adult material which,because of their immaturity, may adversely affect them. In addi- tion, it is recognized that many persons are offended by the publicdisplayofcertainsexualmaterial. Special regulation of these uses is therefore necessary to insure that their adverse effect willnotcontributetotheblightingordowngradingofthesurroundingneighborhoodorendangerthemorals, health and welfare of minors. Section 17. 70.020 Definitions As used in this chapter, the following definitions shall apply: A. "Specified sexual activities" means: 1. Human genitals in a state of sexual Stimulation or arousal; 2. Acts of human masturbation, actual or simulated sexual intercourse, genital union, sodomy, analingus, buggery,bestiality, coprophagy, coprophilia, cunnilingus, fel- latio, necrophilia, pederasty, pedophilia, or zooerasty; 3. Fondling or other erotic touching of human genitals,public region, buttock or female breast. B. "Specified anatomical areas" means: 1. Less than completely and opaquely covered: a. mature human genitals, b. mature human buttock, c. mature human female breast below the top of the areola; and 2. Human male genitals in a discernibly turgid state, evenifcompletelyandopaquelycovered. C. "Adult business" means any retail or wholesale establishment having as a substantial or significant portion of its stockintradesexualparaphernalia, or pictures „ films, books,magazines and other printed materials which are substantial- ly devoted to the depiction of "specific sexual activities" or "specified anatomical areas." Also included in thisdefinitionarethefollowing: 1. "Adult motion picture theater" means a facility used for presenting material in the form of motion picture film,video tape or other similar means which is substantially devoted to the depiction of "specified sexual activi- ties" or "specified anatomical area" for observation by persons therein. 2. "Adult newsrack" means any coin- operated machine or device which dispenses material substantially devoted to the depiction of "specified sexual activities" or specified anatomical areas." 3. "Cabaret" means a nightclub, theater, or other estab- lishment which features live performances by topless and/ or bottomless dancers, exotic dancers, strippers, or other similar entertainers, where such performances are distinguished or characterized by an emphasis on "speci- fied sexual activities," or "specified anatomical areas." 4. "Model studio" means any business consideration or gratuity, figure specified anatomical areas" are served, sketched, drawn, painted, graphed, or similarly depicted by consideration or gratuity. where, for any form of models who display provided to be ob- sculptured, photo- persons paying such 5. "Sexual encounter center" means any business, agency, or person who, for any consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble, or associate for the purpose of engaging in "specified sexual activi- ties" or exposing "specified anatomical areas." 6. Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting or relating to "specified sexual activities" or "specified anatomical areas," including .types of businesses known as adult dance studios, men' s social clubs and rap studios which meet such definition. D. "Sexual paraphernalia" means reproductions of human sex organs, dildos, vibrators, sex organ stimulators, apparatus alleged to assist in or improve human sexual performance, or other devices or products distinguished or characterized by their exclusive orientation toward "specified anatomical area" (excluding contraceptives and items with generally accepted medical, scientific or academic benefits). Section 17. 70.030 Location of Adult Businesses No person, whether as a principal or agent, clerk or employee, either for himself or any other person, or as an officer of any corporation, or otherwise, shall place, maintain, own, operate, or otherwise engage in adult business in any of the following locations: A. In any district other than the C- 2, General Commercial Dis- trict. B. Within five hundred feet (500') of the boundary of any resi- dential district, or within five hundred feet (500') of anyresidentialuse. C. Within one thousand feet (1, 000') of any parcel of real property upon which is located any of the following facili- ties: 1. A school primarily attended by minors. 2. A church which conducts religious or educational classes for minors. 3. A public park, neighborhood center, community center, or recreational facility frequented by minors. 4. An adult business. Section 17. 70.040 Public Display of Certain Matter Prohibited A. Materials offered for sale from newsracks shall not be dis- played in a manner which exposes to public view photographs or illustrations of specified sexual activities or of one or more naked adults in poses which emphasize or direct theviewer' s attention to the subject' s genitals. The provi-sions of this subsection shall not apply to any newsrack covered by Penal Code Section 313. 1(c). B. .Commercial businesses licensed or operating within the City shall not display or exhibit any material in a mannerwhichexposestopublicviewphotographsorillustrations of specified sexual activities or one or more naked adults in poses which emphasize or direct the viewer' s attention to the subject' s genitals. As used herein, "exposes to publicview" means exposes to the view of persons outside the building in which the commercial business is located. Section 17. 70.050 Development Standards. The following development standards shall apply to all adult businesses: A. All development standards of the base district shall be applied. B. The interior of any bookstore shall be adequately lightedandconstructedsothateveryportionthereofisreadilyvisibletotheclerkorothersupervisorypersonnelfrom the counter or other regular station. C. Lobby and entrance areas shall be designed so as to mini-mize obstruction of sidewalks during operating hours. D. Advertisement, displays, or other promotional materialsshallnotbeshownorexhibitedsoastobevisibletothe public, from a public right- of-way or from pedestrian side- walks or walkways, or from other areas public or semi- public. E. Any displays depicting "specified sexual activities" or specified anatomical areas" shall be segregated from and screened from view of any area where minors are allowed. Section 17. 70.060 Severability If any provision or clause of this chapter or the application thereoftoanypersonorcircumstanceisheldtobeunconstitutionalorotherwiseinvalidbyanycourtofcompetentjurisdiction, such invali-dity shall not affect other provisions or clauses or applications ofthischapterwhichcanbeimplementedwithouttheinvalidprovision,clause or application; and to this end, the provisions of thischapteraredeclaredtobeseverable. CHAPTER 17. 72 Sections: Section 17. 72.010 Section 17. 72.020 Section 17. 72.030 Section 17. 72.040 Section 17. 72.050 Section 17. 72.060 Section 17. 72.070 Section 17. 72.080 Section 17. 72.090 Section 17. 72.100 Section 17. 72.110 NONCONFORMING USES Use not in building or structure. Buildings -- Continuance or change of use. Buildings -- Repairs. Buildings -- Additions, enlargement or alterations. Buildings -- Nonconformance due to yard requirements. Change to more restrictive use. Discontinuance -- Resumption prohibited. Extension of use. Moving buildings. Effect of amendments. Repair of damaged or partially destroyed structures. Section 17. 72.010 Use not in buildina or structure. A noncon- forming use which is not housed in a building or structure, but occupies a lot or portion thereof, shall not be enlarged or ex- tended to any other portion of the lot or any other lot not actually so occupied at the time such use became nonconforming as a result of the adoption of this title. Section 17. 72.020 Buildinas -- Continuance or chance of use. A nonconforming building may continue to be maintained, or may be changed to a building of a more restricted, but still nonconformingclassification, provided structural alterations are not made, or may be converted to a conforming building regardless of structuralalterations. Section 17. 72.030 Buildinas -- Repairs. Repairs or interior alterations which do not enlarge or increase the height of a non- conforming building may be made. Section 17. 72.040 Buildinas -- Additions, enlaraement or altera-tion. No nonconforming building or structure shall be added to or enlarged or altered on the exterior in any manner unless such building and its additions and enlargements are made to conformineveryrespectwithalloftheprovisionsofthistitle, or unless the City Council by resolution permits exterior alterations,enlargement, or additions only for the following reasons and under the conditions: A. That in the opinion of the City Council said revision is necessary to secure added safety or reduce the fire hazardand/ or secure aesthetic advantages through alignment, arch- itecture, or closer conformity to surrounding permitted buildings in the immediate neighborhood; B. That said revision or addition shall not increase the number of stories. Floor area shall not be increased over ten percent (10~). C. That regardless of any or all alterations, enlargements, or additions the floor area shall not be increased over ten percent (10%) of the total floor area such buildingcontainedonDecember23, 1953; D. That a set of plans and specifications covering the pro-posed construction, alteration or addition shall have been submitted to the Commission for recommendation and then to the City Council for approval as to location,design, color, and general architecture, and any work represented thereby shall be done in accordance with said approved plans and specifications, and no permit for such work shall be issued until said plans have been so approved. Section 17. 72.050 Buildings -- Nonconformance due to yard require-ments. Existing buildings which are nonconforming only because of violation of the yard requirements hereof, may be altered. or enlarged, provided said alterations and enlargements conform to the provisions of this title. Section 17. 72.0650 Chance to more restrictive use. A lawful non- conforming use may be continued or changed to a conforming use ortoauseofmorerestrictedclassification, as determined by thistitle, but shall not thereafter be changed to less restrictive classification. Section 17. 72.070 Discontinuance -- Resumption prohibited. No nonconforming use shall be resumed, reestablished, or re- openedafterithasbeenabandoned, discontinued or changed to a conform- ing use. A nonconforming use shall be deemed to be discontinued or abandoned when such use has ceased to operate or to be operated or to exist as a nonconforming use for a period of six (6) months. Section 17. 72.080 Extension of use. A nonconforming use occupy-ing either a conforming building or nonconforming building, struc- ture or portion of either thereof shall not be extended to anyportionofthebuildingorstructurenotsooccupiedatthetimesaidusebecamenonconformingasaresultoftheadoptionofthistitle. Section 17. 72.090 Moving buildings. No nonconforming buildingorbuildingusedforanonconforminguseshallbemovedunlessbysodoingthebuildinganditsusewouldbemadetoconformtotheprovisionsofthistitle. Section 17. 72.100 Effect of amendments. The provisions of this chapter shall apply to uses and buildings which become nonconform-ing by reason of any amendment to this title as of the effectivedateofsuchamendment. Section 17. 72.110 Repair of damaged or partially destroyedstructures. Any nonconforming structure or structures contain-ing a nonconforming use which is damaged or partially destroyed byfire, explosion, act of God, collapse or any other casualty orcalamitytotheextentthatthecostofrestorationtothecondi-tion in which it was immediately prior to the occurrence of suchdamageordestruction, may be reconstructed, provided the actualreconstructioncostdoesnotexceedfour (4) times the assessedvalueoftheentirestructurebasedontheassessmentrollcurrentimmediatelypriortothetimeofdamageordestruction. All suchconstructionorrepairsshallbestartedwithinone (1) year fromdateofdamageandbepursueddiligentlytocompletion. In deter-mining the reconstruction cost of any nonconforming structure,neither the cost of land, nor any factors other than those con-cerning the nonconforming structure, itself, shall be consideredorincludedtherein. CHAPTER 17. 74 Sections: Section 17. 74.010 Section 17. 74.020 Section 17. 74.030 Section 17. 74.040 Section 17. 74.050 Section 17. 74.060 Section 17. 74.070 Section 17. 74.080 Section 17. 74.090 Section 17. 74.100 Section 17. 74.110 Section 17. 74.120 Section 17. 74.130 CONDITIONAL USE PERMITS" Purpose Application Fee Public Hearing Action of the Planning Commission Findings Effective date of the Use Permit Lapse of Conditional Use Permit Pre- existing Conditional Uses Modification of Conditional Use Permit Suspension and Revocation Reapplication Use Permit to Run with the Land Section 17. 74.010 Purpose. The City realizes that certain uses have operational characteristics that, depending upon the location and design of the use, may have the potential to negatively impact adjoin- ing properties, businesses, or residents. Said uses therefore require a more comprehensive review and approval procedure, including the ability to condition the project, in order to mitigate any determined impact. In order to achieve this purpose, the Planning Commission is empowered to grant and to deny applications for Conditional Use Permits and to impose reasonable conditions upon the granting of Conditional Use Permits.. Section 17. 74.020 Application. Application for a Conditional Use Permit shall be filed with the Planning Department on a form prescribed by the Director of Community Development and shall include, but not be limited to, the following data and maps: A. Name and address of the applicant. B. Statement that the applicant is the owner or the authorized agent of the owner of the property on which the use is pro- posed to be located. This provisions shall not apply to a proposed public utility right- of-way. C. Address and legal description of the property (Assessor' s Parcel Number). D. Statement indicating the proposed use together with any other data pertinent to the consideration and granting of a conditional use permit prescribed in this section including but not limited to hours of operation and number of shifts, number of employees, pro- cesses involved and materials used, types and volume of traffic to be generated. E. A list of all owners of property within three- hundred feet (300')of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties. F. Site plans, fully dimensioned, indicating the type and location of all buildings and structures, parking and landscape areas and signs. G. The Director may require additional information or plans, if necessary, to determine whether a Conditional Use Permit should be granted or denied. The Director may also authorize omission of any plans and drawings required by this action if he finds they are not necessary. Section 17. 74.030 Fees. A Conditional Use Permit application shall be accompanied by a fee established by resolution of the City Council to cover the cost of handling the application as prescribed in this section. Section 17. 74.040 Public Hearing. The Planning Commission shall hold at least one public hearing on each application for a Conditional Use Permit. The hearing shall be set and notice given as prescribed in Chapter 17. 92. At this public hearing, the Commission shall review the application and drawings submitted therewith and shall receive perti-nent evidence concerning the proposed use and proposed conditions underwhichitwouldbeoperatedormaintained, particularly with respect to the findings prescribed in this section. Section 17. 74.050 Action of the Planning Commission. The Commission may grant a Conditional Use Permit as the permit was applied for or inmodifiedform, or the application may be denied. A Conditional UsePermitmaybegrantedforalimitedtimeperiod, and may be grantedsubjecttosuchconditionsastheCommissionmayprescribe. Conditioi may include, but are not limited to, payment of fees; requirements foxspecialyards, open spaces, buffers, fences and walls; requiring in-stallation and maintenance of landscaping; street dedications and general infrastructure improvements; regulations of points of vehi- cular ingress and egress; control of traffic circulation; regulationofsigns; regulations of hours of operation and methods of operation;limitations on attendance; control of potential nuisances; prescribingstandardsofmaintenanceofbuildingsandgrounds; phasing; develop-ment standards; and such other conditions as the Commission may deem necessary to ensure compatibility of the use with surrounding develop-ment and preserve the public health, safety and welfare. Section 17. 74.070 Findings. The Commission shall make the followingfindingsbeforegrantingaConditionalUsePermit: A. That the proposed use, on its own merits and within the contextofitssetting, is in accord with the objectives of the GeneralPlanandthepurposeoftheplanningdistrictinwhichthesiteislocated. B. That the proposed use will not be detrimental to the generalhealth, safety, comfort, or general welfare of persons residingorworkingwithintheneighborhoodoftheproposeduseortheCity, or injurious to property or improvements in the neighbor-hood or the City. . C. That the site for the intended use is adequate in size and shapetoaccommodatetheuse, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features requried bythisTitle. D. That the .site for the proposed use relates to streets and high-ways with proper design both as to width and type of pavementtocarrythetypeandquantityoftrafficgeneratedbythesubjectuse. E. That in approving the subject use at the specific location, therewillbenoadverseeffectonabuttingpropertyorthepermittedandnormalusethereof. F. That adequate conditions and safeguards pursuant to Section17. 74.50 have been incorporated into the approval of the Condi-tional Use Permit to insure that the use continues in a mannerenvisionedbythesefindingsforthetermoftheuse. Section 17. 74.070 Effective Date of the Use Permit. The decision oftheCommissionshallbefinalten (l0) days from the date of thedecisionunlessanappealhasbeenfiledwiththeCityCouncilpursuantotheprovisionsofChapter17. 80. Section 17. 74.080 La se of Conditional Use Permit. A Conditional UsePermitshalllapseandshallbecomevoidone (1) year following thedateonwhichtheusepermitbecameeffective, unless prior to theexpirationofoneyear, a building permit is issued and constructioncommencedanddiligentlypursuedtowardcompletiononthesitewhichwasthesubjectoftheusepermitapplication. Section 17. 74.090 Pre- existing Conditional Uses. A conditional uselegallyestablishedpriortotheeffectivedateofthisordinance, orpriortotheeffectivedateofsubsequentamendmentstotheregula-tions of zone boundaries, shall be permitted to continue, provided that it is operated and maintained in accord with .the conditions prescribed at the time of its establishment. Any alteration or expansion of a pre- existing conditional use shall be permitted only upon the granting of a use permit as prescribed in this section. Section 17. 74.100 Modification of Conditional Use Permit. An appli-cation for modification, expansion or other change in a Conditional use Permit shall be reviewed according to the provisions of this Chapter in a similar manner as a new application. Section 17. 74.110 Suspension and Revocation. Upon violation of anyapplicableprovisionofthisordinance, or, if granted subject to conditions, upon failure to comply with conditions, a Conditional Use Permit shall be suspended as follows: The Planning Commission shall notify, in writing, the holder of the Conditional Use Permit of its intention to hold a hearing to consider revocation of the Use Permit. Said noticeshallbemadeatleastten (l0) days prior to the actual dateofthehearing. At the hearing the Commission shall considerevidencefromallinterestedpartiesandafterdeliberation if not satisfied that the regulations, general provisions, or condition is being complied with, may revoke the Conditional Use Permit or take such action as may be necessary to ensure compliance with the regulations, general provisions or condi-tion. Within five (5) days following the date of a decision of the Commission revoking a Use Permit, the secretary shalltransmittotheapplicantandCityCouncilwrittennoticeof the decision. The decision shall become final fifteen (15)days following the date on which the use permit was revoked unless an appeal has been filed. Section 17. 74.120 Reapplication. Following the denial of a Condi-tional Use Permit application or the revocation of a Conditional Use Permit, no application for a Conditional Use Permit for the same or substantially the same conditional use on the same or substantiallythesamesite, shall be filed within one year from the date ofdenialorrevocationoftheConditionalUsePermit. Section 17. 74.130 Use Permit to Run with the Land. Notwithstandingconditionstothecontrary, a Conditional Use Permit granted pursuanttotheprovisionsofthissectionshallrunwiththelandandshallcontinuetobevaliduponachangeofownershipofthesiteorstructurewhichwasthesubjectoftheConditionalUsePermitapplica-tion. CHAPTER 17. 76 VARIANCES" Sections: Section 17. 76.010 Purpose. Section 17. 76.020 Application. Section 17. 76.030 Fee. Section 17. 76.040 Public Hearing. Section 17. 76.050 Action of the Planning Commission. Section 17. 76.060 Findings. Section 17. 76.070 Effective date of the Variance. Section 17. 76.080 Lapse of Variance. Section 17. 76.090 Pre- existing Variances. Section 17. 76.100 Modification of Variance. Section 17. 76.110 Suspension and Revocation. Section 17. 76.120 Reapplication. Section 17. 76.130.Variance to Run with the Land Section 17. 76.010 Purpose. The City realizes that under certaincircumstancesanapplicantwhileattemptingtocomplywithprovisionsoftheZoningOrdinanceasstrictlyinterpreted, may, because of cer-tain physical conditions related to the site, such as size, shape,dimensions, topography, or unique setting, experience practical dif-ficulties and/ or unnecessary physical hardships which are inconsis-tent with the Ordinance' s intended purpose. This Chapter, there-fore, is intended to provide a mechanism whereby the Planning Com-mission may grant relief from the applicable provisions of the Code.The ability to grant variances shall not, however, extend to useregulationsortopublicsafetyregulationsbecausesuchauthorityisprecludedbyotherlocalordinancesorStatelaw. Also, in no case shall cost to the applicant of strict or literal compliance witharegulationbetheprimaryreasonforgrantingofaVariance. Section 17. 76.020 Application. Application for a Variance shall befiledwiththePlanningDivisiononaformprescribedbytheDirectorofCommunityDevelopmentandshallinclude, but not be limited to, thefollowingdataandmaps: A. Name and address of the applicant. B. Statement that the applicant is the owner or the authorizedagentoftheownerofthepropertysubjecttotheVariance request. This provision shall not apply to a proposed publicutilityright- of-way. C. Address and legal description of the property (Assessor' sParcelNumber). D. A list of all owners of property located within three hundredfeet (300') of the exterior boundaries of the subject pro-perty; the list shall be keyed to a map showing the locationoftheseproperties. E. Site plans, fully dimensioned, indicating the type and loca-tion of all buildings and structures, parking and landscapeareasandsigns. F. Statement from the applicant indicating the Code Sectioninquestionandthealternativemeansofcompliancebeingproposed; together with any other data pertinent to the Planning Commission consideration of the Variance. G. Statement from the applicant describing in his own words thefollowing: 1. The special circumstances applicable only to the propertytowhichtheapplicationpertainsandwhichdonotapplygenerallytotheotherpropertiesintheneighborhood. 2. How, if the Variance is approved, it will not constitute granting of a special privilege which will not be avail- able to other properties in the neighborhood. H. The Director may require additional information or plans, if necessary, to determine whether a Variance should be granted or denied. The Director may also authorize omission of any plans and drawings required by this action if he finds they are not necessary. Section 17. 76.030 Fee. A Variance application shall be accompaniedbyafeeestablishedbyresolutionoftheCityCounciltocoverthe cost of handling the application as prescribed in this section. Section 17. 76.040 Public. Hearina. The Planning Commission shall hold at least one (1) public hearing on each application for a Vari- ance. The hearing shall be set and notice given as prescribed in Chapter 17. 92. At this public hearing, the Commission shall review the application and drawings submitted and shall receive pertinentevidencefromthepublicconcerningtheproposeddeviationfromthe Code and the manner in which it will affect the subject property and surrounding properties. Section 17. 76.050 Action of the Plannina Commission. The Commission may grant a Variance as the permit was applied for or in modified form, or the application may be denied. A Variance may be granted subjecttosuchconditionsastheCommissionmayprescribe. Conditions mayinclude, but are not limited to, payment of infrastructure fees; requirements for special yards, open spaces, buffers, fences and walls;,requiring installation and maintenance of landscaping; street dedica- tions and improvements; regulation of points of vehicular ingress and egress; control of traffic circulation; regulation of signs; regula-tion of methods of operation; prescribing standards of maintenance of buildings and grounds; phasing; other, more restrictive developmentstandards; and such other conditions as the Commission may deem neces- sary to ensure compatibility of the project with surrounding develop-ment and preserve the public health, safety and welfare. Section 17. 76.060 Findinas. The Commission shall make the followingfindingsbeforegrantingaVariance: A. That adequate conditions and safeguards pursuant to Section 17. 76.050 have been incorporated into the approval of the Variance to insure development of the property in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located; B. That there are special circumstances, pursuant to the purposeofthisChapter, applicable to the subject property which do apply generally to other properties in the neighborhood, and, therefore, granting of the Variance shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located. C. That in approving the Variance, any reductions authorized from the strict interpretation of the Zoning Ordinance represents the minimum deviation from the Code necessary to fulfill the purpose of this Chapter and enable reasonable development of the property. Section 17. 76.070 Effective Date of the Variance. The decision of the Commission shall be final ten (l0) days from the date of thedecisionunlessanappealhasbeenfiledwiththeCityCouncilpur-suant to the provisions of Chapter 17. 80. Section 17. 76.080 Lapse of Variance. A Variance shall lapse and shall become void one (1) year following the date on which theVariancebecameeffective, unless prior to the expiration of one (1)year, a building permit related to the Variance is issued and con-struction commenced and diligently pursued toward completion. Section 17. 76.090 Pre- existing Variance. A Variance legally estab-lished prior to the effective date of this ordinance, or prior to the effective date of subsequent amendments to the regulations or zone boundaries, shall be permitted to continue, provided that it is main- tained in accord with the conditions prescribed at the time of its establishment. Any alteration or expansion of a project for which apre- existing Variance was approved shall comply with all current Code provisions and regulations. Section 17. 76.100 Modification of Variance. Any alteration or expansion of a project for which a Variance was approved shall complywithallcurrentCodeprovisionsandregulations. An application formodificationorotherchangeintheconditionsofapprovalofaVar-iance shall be reviewed according to the provisions of this Chapterinasimilarmannerasanewapplication. Section 17. 76.110 Suspension and Revocation. A Variance, uponviolationofanyapplicableprovisionofthisordinance, or, if granted subject to conditions, upon failure to comply with condi- tions, shall be suspended as follows: The Planning Commission shall notify, in writing, the holder of the Variance of its intention to hold a hearing to con- sider its revocation. Said notice shall be made a least ten lo) days prior to the actual date of the hearing. At the hearing the Commission shall consider evidence from all interested parties and after deliberation if not satisfied that the regulation, general provision, or condition is beingcompliedwith, may revoke the Variance or take such action as may be necessary to ensure compliance with the regulations,general provision or condition. Within five (5) days followingthedateofadecisionoftheCommissionrevokingaVariance,the secretary shall transmit to the applicant and City Councilwrittennoticeofthedecision. The decision shall becomefinalfifteen (15) days following the date on which the Vari- ance was revoked unless an appeal has been filed. Section 17. 76.120 Rea lication. Following the denial of a Vari- ance application or the revocation of a Variance, no application for a Variance for the same or substantially the same. issue on the same or substantially the same site, shall be filed within one (1) yearfromthedateofdenialorrevocationoftheVariance. Section 17. 76.130 Variance to Run with the Land. Notwithstandingconditionstothecontrary, a Variance granted pursuant to the pro-visions of this section shall run with the land and shall continuetobevaliduponachangeofownershipofthesiteorstructurewhichwasthesubjectoftheVarianceapplication. CHAPTER 17. 80 ADMINISTRATION -- PLANNING COMMISSION AND CITY COUNCIL Sections: Section 17. 80.010 Section 17. 80.020 Section 17. 80.030 Section 17. 80.040 Section 17. 80.050 Section 17. 80.060 Section 17. 80.070 Authority. Appeals. Reconsideration Investigations Records. Failure to act. Fees. Council actions. Plans and reports. Section 17. 80.010 Authority. The recommendations of the Commis- sion in legislative matters shall be only advisory, but its deci- sions in other matters such as interpreting the provisions of this title, passing on plans submitted to it in accordance herewith, and the disposition of petitions shall be considered administra- tive and shall be binding and effective, subject to appeal as here- inafter provided. Decisions of the Commission in respect to such matters. shall be made a matter of record in the minutes and said minutes shall be considered notice of the Commission' s actions in all matters. Section 17. 80.020 Appeals. Any person may appeal to the City Council in regard to any decision of the Commission within ten (10)days after the date such decision was formally made, but a recom- mendation of the Commission shall not be considered a decision in- sofar as appeals are concerned. Section 17. 80.030 Reconsideration -- Council actions. The CityCouncilmayrefersuchappealedmattertotheCommissionforrecon- sideration or may affirm or set aside the decision of the Commis- sion, after all interested persons have had opportunity to be heard at a public hearing as in this title provided, and after such other procedure as the City Council may deem necessary in addition to that required hereby. The decisions of the City Council shall be final and conclusive. Such decision shall, in any case, in the absence of written agreement between the appellant and the City Council to the contrary, be made within sixty (60) days of the filing of such appeal, and if not so made shall be considered denied. The minutes of the City Council shall be deemed notice of its action in all matters. Section 17. 80.040 Investiaations -- Plans and reports. The Com- mission_ may make such investigations, employ such help, secure such advise, and have prepared such plans and reports as it may deem necessary to perform its duties and functions, provided funds there- for have been appropriated. Section 17. 80.050 Records. Accurate and permanent records of the acts of the Commission shall be kept and such records shall have the same status as records of other administrative departments of the City. Section 17. 80.060 Failure to act. Failure of the Commission to take final action on any matter submitted in accordance herewith,within ninety (90) days subsequent to the date of filing or the date of reference of any matter to the Commission by the CityCouncilshallconstitutecausefortheCityCounciltoactdirectly as to the matter, but under the same procedure and hearings requiredtobeheldbytheCommissionandtheCouncil; provided, however,that written agreements for extension of time in which to take final action may be made. Section 17. 80.070 Fees. The City Council may prescribe fees to cover costs of estimated expense involved in the granting applica-tions. CHAPTER 17. 78 NOISE CONTROL Sections: Section Section Section section section Section Section Section section Section Section 17. 78.010 17. 78.020 17. 78.030 17. 78.040 17. 78.050 17. 78.060 17. 78.070 17. 78.080 17. 78.090 17. 78.100 17. 78.110 Purpose. Definitions. Authority and Duties of the Noise Control Office( r). General Noise Regulations. Noise Measurement Procedure. Exterior Noise Limits. Interior Noise Limits. Prohibited Acts. Motor Vehicle Noise Limits. Special Provisions Exemptions. Variances. Section 17. 78.010 - Purpose In order to vibration i the City to all sources of the City noise levels those table areas values. It is determined that certain noise levels and vibrations aredetrimentaltothepublichealth, welfare and safety, and are contrary to public interest. Therefore, the City Council doesordainanddeclarethatcreating, maintaining, causing or allow-ing to be created, caused or maintained, any noise or vibrationinamannerprohibitedbyornotinconformitywiththeprovi-sions of this chapter, is a public nuisance and shall be punish-able as such. Section 17. 78.020 - Definitions. All terminology used in this ordinance, not defined below, shallbeinconformancewithapplicablepublicationsoftheAmericanNationalStandardsInstitute (ANSI) or its successor body. A. The following words, phrases and terms as used in this chapter shall have the meaning as indicated below: Commercial area." Property which is zoned for com-mercial purposes, including, but not limited to retailandwholesalebusinesses, personal services, and pro-fessional offices. Construction." Any site preparation, assembly,erection, substantial repair, alteration, or similaraction, for or of public or private rights- of-way,structures, utilities or similar property. control unnecessary, excessive and annoying noise and n the City, it is hereby declared to be the policy of prohibit such noise and vibration generated from or by as specified in this chapter. It shall be the policytomaintainquietinthoseareaswhichexhibitlow and to implement programs aimed at reducing noise inwithintheCitywherenoiselevelsareaboveaccep- A- weighted sound level." The sound level in deci- bels as measured on a sound level meter using theA- weighting network. The level so read is designateddB( A) or dBA. 2. "Agricultural property." A parcel of real property ofnotlessthanten (l0) contiguous acres in size, whichisundevelopedforanyuseotherthanagricultural purposes. 3. "Ambient noise level." The composite of noise fromallsourcesnearandfar. In this context, theambientnoiselevelconstitutesthenormalofexist-ing level of environmental noise at a given location. 6. "Cumulative period." An additive period of time composed of individual time segments which may be continuous or interrupted. 7. "Decibel." A unit for measuring the amplitude of a sound, equal to twenty (20) times the logarithm to the ratio of the sound measured to the reference pressure, which is 20 micropascals. 8. "Demolition." Any dismantling, intentional destruc- tion or removal of structures, utilities, public or private right- of-way surfaces, or similar property. 9. "Emergency work." Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. 10. "Fixed noise source." A stationary device which creates sounds while fixed or motionless, including, but not limited to, residential, agricultural, indus- trial and commercial machinery and equipment, pumps, fans, compressors, air conditioners, and refrigera- tion. 11. "Gross vehicle weight rating (GVWR)." The value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating, which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used. 12. "Impulsive sound." Sound of short duration, usuallylessthanone (1) second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the dis- charge of firearms. 13. "Industrial area." Property which is zoned for manu- facturing and related uses. 14. "Intrusive noise." That noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency and time of occurrence, and tonal or informational content as well as the pre-vailing ambient noise level. 15. "Licensed." The possession of a formal license or a permit issued by the appropriate jurisdictional authority; or, where no .permits or licenses are issued, the sanctioning of the activity by the juris-diction as noted in public record. 16. "Mobile noise source." Any noise source other than a fixed source. 17. "Motor vehicle." Motor vehicle shall include any and all self- propelled vehicles as defined in the Califor- nia Motor Vehicle Code, including all on- highway type motor vehicles subject to registration under said Code, and all off- highway type motor vehicles subjecttoidentificationundersaidCode. 18. "Motorboat." Any vessel propelled by machinery,whether or not such machinery is the principal source of propulsion but shall not include a vessel which has a valid marine document issued by the Bureau of Customs of the United State government or any federal agency successor thereto (Section 651( d), Harbors and Navigation Code). 19. "Muffler or sound dissipative device." A device con-sisting of a series of chambers or baffle plates, orothermechanicaldesign, for the purpose of receiving exhaust gas from an internal combustion engine, and effective in reducing noise. 20. Noise Control Officer (NCO)." Person or persons designated by the Community Development Director as responsible for enforcement of this chapter. 21. "Noise disturbance." Any sound which, as judged bytheNoiseControlOfficer, (a) endangers or injures the safety or health of human beings or animals, or b) annoys or disturbs reasonable persons of normal sensitivities, or (c) endangers or injures personal or real property, or (d) violates the factors set forth in Section 17. 78.040 of this ordinance. Com- pliance with the quantitative standards as listed herein shall constitute elimination of a noise dis- turbance. 22. "Noise sensitive zone." Any area designated pur- suant to Section 17. 78.070 of this title for the purpose of ensuring exceptional quiet. 23. "Noise zone." Any defined areas or regions of a generally consistent land use wherein the ambient noise levels are within a range of 5 dB. 24. "Person." Any individual, association, partnership, or corporation, and includes any officer, employee, department, agency or instrumentality of a State or any political subdivision of a State. 25. "Powered model vehicle." Any self- propelled, air- borne, waterborne, or landborne plane, vessel, or vehicle, which is not designed to carry persons,including, but not limited to, any model airplane, boat, car, or rocket. 26. "Public right- of-way." Any street, avenue, boule- vard, highway, sidewalk or alley or similar placewhichisownedorcontrolledbyagovernmental entity. 27. "Public space." Any real property or structures thereon which are owned or controlled by a govern-mental entity. 28. "Pure tone." Any sound which can be judged as audible as a single pitch or a set of single pitchesbytheNoiseControlOfficer. For the purposes of this ordinance, a pure tone shall exist if the one- third octave band sound pressure level in the band with the tone exceeds the arithmetric average of the sound pressure levels of the two contiguous one- third octave bands by 5 dB for center frequencies of 500 Hz and above and by 8 dB for center frequencies between 160 and 400 Hz and by 15 dB for center frequencieslessthanorequalto125Hz. 29. "Real property boundary." An imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra- building real property divisions. 30. "Residential area." Property which is zoned for residential uses. 31. "Sound amplifying equipment." Any device for the amplification of the human voice, music, or any other sound, excluding standard automobile radios when usedandheardonlybytheoccupantsofthevehicleinwhichtheradioisinstalled, and, as used in thischapter, warning devices on authorized emergency vehi-cles or horns or other warning devices on any vehicleusedonlyfortrafficsafetypurposes. 32. "Sound level meter." An instrument, including a microphone, an amplifier, an output meter, and fre- quency weighting networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for type 52A meters in American National Standards Institute specifications for sound level meters, 51. 4-1971, or the most recent revision thereof. 33. "Sound truck." Any motor vehicle, or any other vehi- cle, regardless of motive power, whether in motion or stationary, having mounted thereon, or attached there- to, any sound amplifying equipment. 34. "Vibration perception threshold." The minimum ground- or structure- borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects. The perception threshold shall be presumed to be a motion velocity of 0. 01 in/ sec over the range of 1 to 100 Hz. 35. "Weekday." Any day, Monday through Friday, which is not a legal holiday. Section 17. 78.030 - Authority and Duties of the Noise Control Office( r) NCO . A. Lead Agency. The noise control program established by this ordinance shall be administered by the Commu- nity Development Director. B. Powers. In order to implement and enforce this ordi- nance and for the general purpose of noise abatement and control, the NCO shall have, in addition to any other authority vested in it, the power to: 1. Conduct, or cause to be conducted, studies, research, and monitoring related to noise, including joint cooperative investigation with public or private agencies, and the application for, and acceptance of, grants. 2. On all public and private projects which are likely to cause noise in violation of this ordinance and which are subject to mandatory review or approval by other departments. a. Review for compliance with the intent and provisions of this ordinance. b. Require sound analyses which identify existing and projected noise sources and associated noise levels. c. Require usage of adequate measures to avoid violation of any provision of this ordinance. 3. Upon presentation of proper credentials, enter and/ or inspect any private property, place, report, or records at any time when granted permission by the owner or by some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be obtained from a court of competent juris- diction upon showing of probable cause to believe that a violation of this ordinance may exist. Such inspection may include administration of any necessary tests. 4. Prepare recommendations, to be approved bytheCityCouncil, for the designation of noise sensitive zones which contain noise sensitive activities. 5. Prepare recommendations, based upon noise survey. data and analytical studies, to be approved by the City Council, for the desig-nation of zones of similar ambient environ- mental noise within regions of generally con- sistent land use. These zones shall be iden- tified in terms of their day and nighttime ambient noise levels and their land use classifications as given in Section 17. 78.060 Table 1. Section 17. 78.040 - General Noise Regulations. Notwithstanding any other provision of this chapter, and in addi-tion thereto, it shall be unlawful for any person to willfully or negligently make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peaceandquietofanyneighborhoodorwhichcausesanydiscomfortor annoyance to any reasonable person of normal sensitiveness resid- ing in the area. The factors which shall be considered in determining whether a violation of the provisions of this section exists shall include,but not be limited to, the following: A. The sound level of the objectionable noise. B. The sound level of the ambient noise. C. The proximity of the noise to residential sleepingfacilities. D. The nature and zoning of the area within which the the noise emanates. E. The number of persons affected by the noise source. F. The time of day or night the noise occurs. G. The duration of the noise and its tonal, informational or musical content. H. Whether the noise is continuous, recurrent, or inter-mittent. I. Whether the noise is produced by a commercial or non- commercial activity. Section 17. 78.050 - Noise Measurement Procedure. A. Upon receipt of a complaint from a citizen, the Noise Control Office( r) or his agent, equipped with soundlevelmeasurementequipmentsatisfyingtherequire-ments specified in Section 17. 78.020, shall investi- gate the complaint. The investigation shall consist of a measurement and the gathering of data to ade- quately define the noise problem and shall include the following: 1. Non- acoustic data: a. Type of noise source. b. Location of noise source relative to complainant' s property. c. Time period during which noise source is considered by complainant to be intrusive. d. Total duration of noise produced by noise source. e. Date and time of noise measurement survey. B. Noise Measurement Procedure: 1. Utilizing the "A" Weighting scale of the sound level meter and the "slow" meter response (use "fast" response for impulsive type. sounds), the noise level shall be measured at a position or positions at any point on the receiver' s property. In general, the microphone shall be located four to five feet above the ground; ten feet or more from the nearest reflective surface where possible. However, in those cases where another elevation is deemed appropri- ate, the latter shall be utilized. If the noise complaint is related to interior noise levels, interior noise measurements shall be made within the affected residential unit. The measurements shall be made at a point at least four feet from the wall, ceiling, or floor nearest the noise source, with windows in the normal seasonal configuration. Cali- bration of the measurement equipment, utili- zing an acoustic calibration, shall be per- formed immediately prior to recording any noise data. Section 17. 78.060 - External Noise Limits. A. Maximum Permissible Sound Levels by Receiving Land Use: 1. The noise standards for the various categories of land use identified by the Noise Control Office( r) as presented in Table 1 shall, unless otherwise specifically indicated, apply to all such property within a designated zone. 2. No person shall operate or cause to be operated, any source of sound at any location within the incorporated City or allow the crea- tion of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property, either incor- porated or unincorporated, to exceed: a. The noise specified period of hour; or b. The noise tive perm any hour; standard for that land use as in Table 1 for a cumulative more than thirty minutes in any standard plus 5 dB for a cumula- d of more than fifteen minutes in or c. The noise standard plus 10 dB for a cumula- tive period of more than five minutes in any hour; or d. The noise standard plus 15 dB for a cumula- tive period of more than one minute in any hour; or e. The noise standard plus 20 d8 or the maxi- mum measured ambient level, for any period of time. 3. If the measured ambient level differs from that permissible within any of the first four noise limit categories above, the allowable noise exposure standard shall be adjusted in 5 dB increments in each category as appropriate to encompass or reflect said ambient noise level. In the event the .ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under this category shall be increased to reflect the maximum ambient noise level 4. If the measurement location is on a boundarybetweentwodifferentzones, the noise level limit applicable to the lower noise zone plus 5 dB, shall apply. 5. If possible, the ambient noise shall be measure at the same location along the property line ut lized in Section 17. 78. 060. A.2, with the allege offending noise source inoperative. If, for ar., reason, the alleged offending noise source cannot be shut down,. the ambient noise must be estimated by performing a measurement in the same general area of the source but at a sufficient distance such that the noise from the source is at least 10 dB below the ambient in order that only the ambient level be measured. If the difference between the ambient and the noise source is 5 to 10 dB, then the level of the ambient itself can be reasonably determined by subtracting a one decibel correction to account for the contri- bution of the source. B. Correction for Character of Sound: In the event the alleged offensive noise, as judged bytheNoiseControlOfficer, contains a steady, audible tone such as a whine, screech, or hum, or is a repeti-tive noise such as hammering or riveting, or contains music or speech conveying informational content, the standard limits set forth in Table 1 shall be reduced by 5 dB. TABLE 1 EXTERIOR NOISE LIMITS Levels Not To Be Exceeded More Than 30 Minutes In Any Hour) Receiving Land Use Time Category Period Noise Level dBA Single- Family 10 pm- 7 am 40Residential7am- 10 pm 50 Multiple Dwelling 10 pm- 7 am 45Residential7am- 10 pm 50PublicSpace Limited Commercial 10 pm- 7 am 55andOffice7am- 10 pm 60 General Commercial 10 pm- 7 am 60 7 am- 10 pm 65 Light Industrial Any Time 70HeavyIndustrialAnyTime75 Section 17. 78.070 - Interior Noise Standards. A. Maximum Permissible Dwelling Interior Sound Levels: 1. The interior noise standards for multifamily residential dwellings as presented in Table 2 shall apply, unless otherwise specifically indicated, within all such dwellings with windows in their normal seasonal configuration. TABLE 2 Noise Type of Time Allowable Interior Zone Land Use Internal Noise Level dBA All Multifamily 10 pm- 7 am 35 Residential 7 am- l0 pm 45 2. No person shall operate or cause to be operated within a dwelling unit, any source of sound or allow the creation of any noise which causes the noise level when measured inside a neighboring receiving dwelling unit to exceed: a. The noise standard as specified in Table 2 for a cumulative period of more than five minutes in any hour; or b. The noise standard plus 5 dB for a cumula- tive period of more than one minute in any hour; or c. The noise standard plus l0 dB or the maxi- mum measured ambient, for any period of time. 3. If the measured ambient level differs from that permissible within any of the noise limit categories above, the allowable noise exposure standard shall be adjusted in 5 dB increments in each category as appropriate to reflect said ambient noise level. B. Correction for Character of Sound: In the event the alleged offensive noise, as judged by the Noise Control Officer, contains a steady,audible tone such as a whine, screech, or hum, or is a repetitive noise such as hammering or riveting, or contains music or speech conveying informational content, the standard limits set forth in Table 2 shall be reduced by 5 dB. Section 17. 78.080 - Prohibited Acts. No person shall unnecessarily make, continue, or cause to be made or continued, any noise disturbance. The following acts, and the causing or permitting thereof, are declared to be in violation of this ordinance: A. operating, playing. or permitting the operation or play-ing of any radio, television set, phonograph, drum,musical instrument, or similar device which produces or reproduces sound: 1. Between the hours of 10 p. m, and 7 a. m. in such a manner as to create a noise distur- bance across a residential or commercial real property line or at any time to violate the provisions of Section 17. 78. 060. A., exceptforwhichavariancehasbeenissuedbythe City. 2. In such a manner as to exceed the levels set forth for public space in Table I, measured at a distance of at least 50 feet (15 meters)from such device operating on a public right-of- way or public space. B. Using or operating for any purpose any loudspeaker,loudspeaker system, or similar device between the hours of 10 p. m. and 7 a. m., such that the sound therefrom creates a noise disturbance across a residential real property line, or at any time violates the provisionsofSection17. 78. 060. A., except for any non- commercial public speaking, public assembly or other activity forwhichavariancehasbeenissuedbytheCity. C. Offering for sale, selling anything, or advertisingbyshoutingoroutcrywithinanyresidentialorcom-mercial area or noise sensitive zone of the City exceptbyvarianceissuedbytheCity. The provisions of thissectionshallnotbeconstruedtoprohibitthesellingbyoutcryofmerchandise, food, and beverages at li-censed sporting events, parades, fairs, circuses, or other similar licensed public entertainment events. D. owning, possessing or harboring any animal or birdwhichfrequentlyorforlongduration, howls, barks, meows, squawks, or makes other sounds which create anoisedisturbanceacrossaresidentialorcommercial real property line or within a noise sensitive zone.This provision shall not apply to public zoos. E. Loading, unloading, opening, closing or other hand- ling of boxes, crates, containers, building materials garbage cans, or similar objects between the hours of10p. m. and 7 a. m. in such a manner as to cause anoisedisturbanceacrossaresidentialrealpropertylineoratanytimetoviolatetheprovisionsofSection17. 78. 060. A. F. Construction/ Demolition: 1. operating or causing the operation of anytoolsorequipmentusedinconstruction,drilling, repair, alteration, or demolition work between weekday hours of 7 p. m. and 7 a. m., or at any time on weekends or holi- days, such that the sound therefrom creates a noise disturbance across a residential or commercial real property line, except for emergency work of public service utilities or by variance issued by the City. 2. Noise Restrictions at Affected Properties: Where technically and economically feasi- ble, construction activities shall be con- ducted in such a manner that the maximum noise levels at affected properties will not exceed those listed in the followingschedule: AT RESIDENTIAL PROPERTIES: Mobile Equipment Maximum noise levels for nonscheduled intermittent, short- term operation (lessthan10days) of mobile equipment: Daily, except Sundays and Legal Holidays 7a. m. to 7 p. m. Daily, 7 p. m. to 7 a. m. and all day Sunday and Legal Holidays Daily, except Sundays and Legal Holidays 7 a. m. to 7 p. m. Daily, 7 p. m. to 7 a. m. and all day Sunday and Legal Holidays Type 2 Areas Single- Family Residential 75 dBA 60 dBA 80 dBA 65 dBA Stationarv Eauipment Type III Areas Semi- Residen- tial/ Commercial 85 dBA 70 dBA Maximum noise levels for repetitively sched- uled and relatively long- term operation periods of 10 days or more) of stationary equipment: Type I Areas Type II Areas Type III Areas Single- Family Multi- Family Semi- Residen- Residential Residential tial/ Commercial 60 dBA 65 dBA 70 dBA 50 dBA 55 dBA 60 dBA AT BUSINESS PROPERTIES: Mobile Equipment Maximum noise levels for nonscheduled, inter- mittent, short- term operation of mobile equipment: Daily, including Sundays and Legal Holidays, all hours; maximum of 85 dBA. Stationarv Eauipment Maximum noise levels for repetitively sched- uled and relatively long- term operation of stationary equipment: Daily, including Sundays and Legal Holi- days, all hours; maximum of 75 dBA. 3. All mobile or stationary internal combustion engine powered equipment or machinery shall be equipped with suitable exhaust and air intake silencers in proper working order. G. Operating or permitting the operation of any device that creates a vibration which is above the vibration perception threshold of an individual at or beyondthepropertyboundaryofthesourceifonprivate property or at 150 feet (46 meters) from the source if on a public space or public right- of-way. Type II Areas Multi- Family Residential H. Powered Model Vehicles: Operating or permitting the operation of powered model vehicles: 1. Between the hours of 7 p. m. and 7 a. m. so as to create a noise disturbance across a resi- dential or commercial real property line or at any time to violate the provisions of Section 17. 78. 060. A. 2. In such a manner as to forth for public space measured at a distance feet (30 meters) from of a vehicle operating public right- of-way. exceed the levels set land use in Table 1, not less than 100 any point on the path on public space or I. Stationary Non- Emergency Signaling Devices: 1. Sounding or permitting the sounding of anyelectronically- amplified signal from anystationarybell, chime, siren, whistle, or similar device, intended primarily for non- emergency purposes, from any place, for more than 10 seconds in any hourly period. 2. Houses of religious worship shall be exempt from the operation of this provision. 3. Sound sources covered by this provision and not exempted under subsection (2) shall be exempted by a variance issued by the City. J. Emergency Signaling Devices: 1. The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, sirens whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in subsection (2). 2. a) Testing of a stationary emergency signal-ing device shall not occur before 7 a. m. or after 7 p. m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed 60 seconds. b) Testing of the complete emergency signal- ing system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before 7 a. m. or after 10 p. m. The time limit specified in subsection (2- a) shall not apply to such complete system testing. 3. Sounding or permitting the sounding of anyexteriorburglarorfirealarmoranymotor vehicle burglar alarm unless such alarm is terminated within 15 minutes of activation. K. Noise Sensitive Zones: 1. Creating or causing the creation of any sound within any noise sensitive zone, so as to exceed the specified land use noise standards set forth in Section 17. 78. 060. A., providedthatconspicuoussignsaredisplayedindi- cating the zone; or 2. Creating or causing the creation of any sound within or adjacent to any noise sensitive zone, containing a hospital, nursing home, school, court or other designated area, so as to inter- fere with the functions of such activity or annoy the occupants in the activity, provided that conspicuous signs are displayed indicatingthepresenceofthezone. L. Domestic Power Tools, Machinery: 1. Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar tool between 10 p. m. and 7 a. m., so as to create a noise disturbance across a residential or com- mercial real property line. 2. Any motor, machinery, pump, such as swimming pool equipment, etc., shall be sufficiently enclosed or muffled and maintained so as not to create a noise disturbance in accordance with Section 17. 78.060. M. Residential Air- Conditioning or Air- Handling Equipment: Operating or permitting the operation of any air- condi- tioning or air- handling equipment in such a manner as to exceed any of the following sound levels: Units Installed Units Installed Before On or After 1- 1-80 1- 1-80 Measurement Location dB A dB A Any point on neighboring property line, 5 feet above 60 55 grade level, no closer than 3 feet from any wall. Center of neighboring patio, 5 feet above grade level, no 55 50 closer than 3 feet from any wall. Outside the neighboring living area window nearest the equip- ment location, not more than 55 50 3 feet from the window opening, but at least 3 feet from any other surface. N. Places of Public Entertainment: Operating or permitting the operation or playing of any loudspeaker, musical instrument, motorized racing vehi- cle, or other source of sound in any place of publicentertainmentthatexceed95dBAasreadontheslow response of a Sound Level Meter at any point normallyoccupiedbyacustomer, without a conspicuous and legible sign stating: "WARNING! SOUND LEVELS WITHIN MAY CAUSE HEARING IMPAIRMENT." Section 17. 78.090 - Motor Vehicles Operating On Public Right- Of-Way:Motor vehicle noise limits on a public right- of-way are regulated as set forth in the California Motor Vehicle Code, Sections 23130 and23130. 5. Equipment violations which create noise problems are covered under Sections 27150 and 27151. Any peace officer of anyjurisdictioninCaliforniamayenforcetheseprovisions. Therefore,it shall be the policy of the City to enforce these sections of theCaliforniaMotorVehicleCode. A. Refuse Collection Vehicles: L No person shall collect refuse with a refuse collection vehicle between the hours of 7 p. m. and 7 a. m. within or adjacent to a residential area or noise sensitive zone. 2. No person authorized to engage in waste disposalserviceorgarbagecollectionshalloperateanytruck- mounted waste or garbage loading and/ or compacting equipment or similar device in any manner so as to create any noise exceeding the following levels, measured at a distance of 50 feet from the equipment in an open area: a. New equipment purchased or leased .on or after a date six (6) months from the effective date of this ordinance: 80 dBA. b. New equipment purchased or leased on or after thirty- six (36) months fromn the effective date of this chapter: 75 dBA. c. Existing equipment, on or after five (5) years from the effective date of this ordinance: 80 dBA. B. C D. E. Motor Vehicle Horns: It is unlawful for any person to sound a vehicular horn except as a warning signal (Motor Vehicle Code, Section 27001). Motorized Recreational Vehicles Operating Off Public Right- Of-Way: No person shall operate or cause to be operated any motor- ized recreational vehicle off a public right- of-way in such a manner that the sound levels emitted therefrom violate the provisions of Section 17. 78. D60. A. This section shall apply to all motorized recreational vehicle-,whether or not duly licensed and registered, including,but not limited to, commercial or non- commercial racingvehicles, motorcycles, go carts, amphibious craft, campers,snowmobiles and dune buggies, but not including motorboats. Motorboats: Operating or permitting the operation of any motorboat in any lake, river, stream, or other waterway in such a manner as to cause a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of Section 17. 78. 060. A. Vehicle, Motorboat, or Aircraft Repair and Testing: 1. Repairing, rebuilding, modifying, or testing any motor vehicle, motorboat, or aircraft in such a manner as to create a noise disturbance across a residential real property line, or at any time to violate the provisions of Section 17. 78. 060. A. 2. Nothing in this Section shall be construed to prohibit, restrict, penalize, enjoin, or in any manner regulate the movement of aircraft which are in all respects conducted in accord- ance with, or pursuant to, applicable Federal laws or regulations. F.Standing Motor Vehicles: No person shall operate or permit the operation of anymotorvehiclewithagrossvehicleweightrating (GVWR)in excess of ten thousand (10, 000) pounds, or any aux-iliary equipment attached to such a vehicle, for a period longer than 15 minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on a public right- of-way or public space within 150 feet 46 meters) of a residential area or designated. noise sensitive zone, between the hours of 10 p. m. and 7 a. m. Section 17. 78.100 - Special Provisions - Exemptions: The following activities shall be exempted from the provisions of this chapter: A. The emission of sound for the purpose of alerting persons to the existence of an emergency. B. The emission of sound in the performance of emergency work. C. Warning devices necessary for the protection of public safety, as for example, police, fire and ambulance sirens, and train horns. D. Regularly scheduled school bands, school athletic and school entertainment events between the hours of 8: 45 a. m. and 10: 00 p. m., provided a Special Events permit is also required for band activities on City streets. E. Regularly scheduled activities conducted on public parks, public playgrounds, and public or private school grounds. However, the use of public address or amplified music systems is not permitted to exceed the exterior noise standard of adjacent property at the property line. F. All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions. G. Mobile noise sources associated with agricultural pest control through pesticide application; provided that the application is made in accordance with restricted material permits issued by or regulations enforced by the agricul-tural commissioner. H. Mobile noise sources associated with agricultural opera- tions, provided such operations take place on Monday through Friday, excepting legal holidays, between the hours of 7: 00 a. m. and 6: 00 p. m. All other operations shall comply with this chapter. 1. Noise sources associated with the maintenance of real property, provided such operations take place on MondaythroughFriday, excepting legal holidays, between the hours of 7: 00 a. m. and 6: 00 p. m., or on holidays and weekends between the hours of 9: 00 a. m. and 6: 00 p. m. All other operations shall comply with this chapter. J. Any activity to the extent that regulation thereof has been preempted by State or Federal law. Section 17. 78.110 - Special Variances: A. The NCO is authorized to grant variances for exemptionfromanyprovisionofthisordinance, subject to limi- tations as to area, noise levels, time limits, and other terms and conditions as the NCO determines are appropriate to protect the public health, safety, and welfare from the noise emanating therefrom. This section shall in no way affect the duty to obtain anypermitorlicenserequiredbylawforsuchactivities. B. Any person seeking a variance pursuant to this section shall file an application with the NCO. The applicationshallcontaininformationwhichdemonstratesthatbring-ing the source of sound or activity for which the vari-an~ e is sought into compliance with this ordinance would constitute an unreasonable hardship on the applicant, on the community, or on other persons. The application shall be accompanied by a fee. A separate application shall be filed for each noise source;. provided, however,, that several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Notice of an application for a variance shall be published according to City Code. Any individual who claims to be adversely affected by allowance of the variance may file a statement with the NCO containing anyinformationtosupporthisclaim. If at any time the NCO. finds that a sufficient controversy exists regarding an application, a public hearing will be held. C. In determining whether to grant or deny the application,the NCO shall balance the hardship on the applicant, the community, and other persons of not granting the variance against the adverse impact on the health, safety, and welfare of persons affected, the adverse impact on pro-perty affected, and any other adverse impacts of grant- ing the variance. Applicants for variances and persons contesting variances may be required to submit such information as the NCO may reasonably require. In grant-ing or denying an application, the NCO shall keep on public file a copy of the decision and the reasons for denying or granting the variance. D. Variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the variance shall terminate the variance and sub- ject the person holding it to those provisions of this ordinance for which the variance was granted. E. A variance will not exceed 365 days from the date on which it was granted. Application for extension of time limits specified in variances oz for modification of other substantial conditions shall be treated like applications for initial variances under subsection (B). CHAPTER 17. 82 DESIGN REVIEW" Sections: Section 17. 82.010 Section 17. 82.020 Section 17. 82.030 Section 17. 82.040 Section 17. 82.050 Section 17. 82.060 Section 17. 82.070 Section 17. 82.080 Section 17. 82.090 Section 17. 82.100 Section 17. 82.11b Section 17. 82.120 Section 17. 82.130 Section 17. 82.140 Purpose Design Review Required Application Fee Hearing Scope of Design Review Action of the Planning Commission Findings Effective Date of Design Review Approval Minor Design Review Lapse of Design Review Approval Modification of Design Review Approval Reapplication Occupancy Section 17. 82.010 Purpose. The City of Lake Elsinore has deemed a quality physical environment as being necessary for the protection of the public' s health, safety and welfare and has therefore enacted this Chapter in order to establish a design review process for development proposals and design concepts in order to ensure that new development, or the alteration of existing development, occurs in a manner which enhances the character and quality of surrounding properties and that the scale, spacial relationships and architectural treatment of structures including materials, colors, and design, visually contribute to the area and environment in which they are located. The Design Re- view process in also intended to apply to the ancillary elements of projects such as signs and landscaping in order to ensure that the overall development maintains the same integrity of design as approvedfortheprimarystructure( s). Section 17. 82.020 Desian Review Reauired. No building permit shall be issued for, and no person shall commence to use, any structure,including signs, until that structure and its accompanying develop-ment has received "Design Review" approval pursuant to the provisionsofthisChapter. Section 17. 82.030 Application. Application for a "Design Review" shall be filed with the Planning Department on a form prescribed by the Director of Community Development and shall include, but not be limited to, the following data and maps: A. Name and address of the applicant. B. Statement that the applicant is the owner or the authorized agent of the owner of the property subject to the "DesignReview" request. This provision shall not apply to proposed public utility right- of-way. C. Address and legal description of the property (Assessor' s Parcel Number). D. A list of all owners of property located within three- hundred feet (300') of the exterior boundaries of the subject pro- perty; the list shall be keyed to a map showing the location of these properties. E. Site plans, scaled and fully dimensioned, indicating the location of all property lines, type and location of all buildings and structures, entrances, parking, landscape areas, signs, walls, and preliminary grading information. F. Location of existing improvements on adjacent properties and public right- of-way within one hundred feet of the site boundaries. G. Elevations and floor plans for all buildings. H. A statistical inventory of the project including size of site, number of parking spaces, and coverage information. I. A statement from the applicant describing the project and its objectives. J. The Director may require additional information or plans, if necessary, to determine whether a "Design Review" should be granted or denied. The Director may also authorize omission of any plans and drawings required by this action if he finds they are not necessary. Section 17.. 82:040 Fees. A "Design Review" application shall be accompanied by a fee established by resolution of the City Council to cover the cost of handling the application as prescribed in this section. Section 17. 82.050 Hearina. With the exception of a "Minor DesignReview" as provided herein, the Planning Commission shall hold at least one hearing on each application, for a "Design Review". The hearing shall be set and notice given as prescribed in Chapter17. 92. At this hearing, the Commission shall review the applicationanddrawingssubmittedandmayreceivecommentsfromthepublic concerning the proposed development and the manner in which it will effect the subject property and surrounding properties. Section 17. 82.060 Scobe of Desian Review. In order to achieve the purpose of this Chapter the following design concepts shall be paramount in the consideration of any design review approval: A. The scale and spatial relationship of all structures should be appropriate to the site and to surrounding developments.Structures should be located on their lots so as to create interest and varying vistas as a person moves along the street. B. The design concept should complement the quality of existingdevelopmentandcreateavisuallypleasing, non- detractive relationship between the proposed and existing projects.Garish colors at substantial deviance to the rest of the neighborhood would not be appropriate. C. Exterior materials should evidence a concern for quality and originality. The use of a particular material should, as a rule, exemplify the special characteristics of the product or be demonstrative of its unique application. Tilt- up panelsemployingformeddesignorwithexposedaggregateisperfer-able to smooth- surface or painted panels. Similarly, metal as an enhancement material is acceptable while plain metal buildings are not. Paint, in general, should be considered an enhancement tool but should not be considered a replacement for the use of textured surfaces. D. Visible electrical, mechanical and special processing equipmentsuchasventstacksaswellassimilarfeaturesshouldbe avoided; however, if essential should be screened and said screening should be an integral aspect of the project design. E. The design of accessory structures, fences, and walls should beharmoniouswiththedesignoftheprincipalstructuresandshould employ compatible building materials. F. Project should demonstrate a respect for a neighboring pro-perty' s privacy, quiet, function, or views, and elements of the design including, but not limited to, openings, docks, and equipment placement should not be located in such a way as to create a nuisance for an adjoining property. G. The project should be designed in such a way that its circulationpatternsandparkingareasareefficientanddonotimpacttrafficonadjoiningright- of-ways. Adequate on- site parking should beprovidedandintrinsicmaneuveringsuchasfortrucksandfordrive- through facilities should be contained entirely on- site. H. Landscaping should be evenly divided over the site and be visual- ly attractive regardless of the season. In addition to its aesthetic attributes, landscaping should be available to screen parking and storage areas and to shade parking lots. I. The project should demonstrate concern for solar orientation and other forms of energy conservation. Deep eaves, overhangs, canopies, and other features that provide shelter and shade should be apparent in the design. J. The project should be harmonious with the topography of the site in order to minimize the requirement for grading and the associ- ated disruption of the City' s scenic amenities. K. The size and scale of signs should be harmonious with the overall design concept of the project and materials and colors should reflect those used for the principal structures. Signs should enhance, not dominate or distract from the appearance of the project. Section 17. 82.070 Action of the Plannina Commission. The Commission may recommend "Design Review" approval as the project was submitted or may recommend changes in .the design or the application may be denied. A "Design Review" approval may be recommended subject to such conditions as the Commission may prescribe.- Conditions may re- late to, but are not limited to, site design, including relationshiptosurroundinguses, functions of buildings or portions of site, set- back, coverage, amount of open space, infrastructure improvements; shape, height, and bulk of structures; distances between buildings; architectural design of structure including exterior materials, colors,and textures; location of ancillary equipment; locations of points of ingress and egress; location, amount, and design of parking areas; location and efficiency of truck maneuvering and loading areas; land- scaping, including location and general nature; signs including loca- tion, size, design, and height; lighting; walls and fences, including location, height, and materials; project grading; and project phasing. Section 17. 82.080 Findinas. The Commission shall make the following findings before recommending a "Design Review" approval: A. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. B. The project complies with the design directives contained in Section 17. 82.060 and all other applicable provisions of the Municipal Code. C. Conditions and safeguards pursuant to Section 17. 82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the pro- perty in accordance with the objectives of this Chapter and the planning district in which the site is located. Section 17. 82.085 Action ~ the Citv Council. A report of the findings and recommendations of the Planning Commission shall be transmitted to the City Council after the Planning Commission hear- ing, except that denials by the Planning commission shall be final unless appealed. The City Council shall make its own determination as to whether the proposed project complies with the provisions of Section 17. 82.080 and may approve, modify, or disapprove the recom- mendations and actions of the Planning Commission. Any significantmodificationoftheproject, not previously considered by the Plan- ning Commission during its hearing may be, but is not required to be,referred to the Planning Commission for report and recommendation. Section 17. 82.090 Effective Date of Design Review Approval. The decision of the Commission shall be final ten (10) days from the date of the decision unless an appeal has been filed with the CityCouncilpursuanttotheprovisionsofChapter17. 80. Section 17. 82.100 Minor Desian Review. The Director of Community.Development, without Planning Commission review may approve or conditionally approve "Minor Design Review" items subject to the provisions of this section. A. Items subject to "Minor Design Review" shall include the follow- ing structures which otherwise comply with all provisions of the Municipal Code: 1. Additions to commercial and industrial structures or permitted accessory structure which do not exceed a floor area which is equivalent to fifteen (15~) per- cent of the base structure, or 2, 000 square feet, whichever is less; provided however, that no more than two (2) such additions may be approved by the Director in any one (1) calendar year. 2. Single- family. detached dwellings, including in- fill and tract developments in approved subdivisions. 3. Duplexes not involving more than a total of four (4)units. 4. Alterations to existing structures which do not sub- stantially change the appearance of the structure even though the floor area may not be affected (i. e. changes in the shape or exterior materials). 5. The following residential accessory structures: Un- enclosed structures such as non- commercial stables, corrals, and appurtenant facilities for the keeping of animals, carports, gazebos, and patio covers both trellis- type and solid) as well as enclosed structures containing less than 600 square feet of floor area such as sheds, cabanas, children' s play- houses, and work shops. 6. Reconstruction of commercial or industrial structures which have been destroyed or substantially damaged pro-vided said structures were legally in existence and said reconstruction returns the structure to its original size and appearance. 7. Signs pursuant to Chapter 17. 94. B. Application and fees for "Minor Design Review" shall be as prescribed by Sections 17. 82.030 and 17. 82.040. C. The Director of Community Development shall be empowered to approve a "Minor Design Review" as the project was submitted or may require changes in the design or may deny the projectandinstructtheBuildingDivisiontoissuenobuildingper-mits for the project. D. The "Minor Design Review" approval may be granted subject to such conditions as the Director deems appropriate in accordancewiththeprovisionsofSection17. 82.070. E. The Director shall only approve a "Minor Design Review" when heisabletomakethefindingsrequiredbySection17. 82.080. F. The person submitting the project for "Minor Design Review" mayappealtheDirector' s decision and/ or conditions to the PlanningCommission; provided that said appeal be submitted to the Director of Community Development within 10 days. The PlanningCommissionshallheartheappealinthesamemannerprescribedfora "Design Review" pursuant to the provisions of this Chapter.No construction related to the "Minor Design Review" shall com- mence prior to Planning Commission action. G. The Director of Community Development may also elect to submit any "Minor Design Review" to the Planning Commission when, intheDirector' s opinion, any of the following may be applicable: 1. The project may significantly affect properties other than the applicant' s and additional public notification and input is warranted. 2. The project requires an Environmental Impact Report or a Negative Declaration. 3. The project may be generally controversial within the Community. 4. The project to proceed will need the benefit of a variance. H. Unless specific provisions are specified for "Minor Design Re- view", for the general administrative purposes of this Chapter, the terms "Design Review" and "Minor Design Review" shall be interchangeable. Section 17. 82.110 La se of "Desian Review" Approval. A "DesignReview" approval shall lapse and shall become void one (1) year following the date on which the "Design Review" became effective, unless prior to the expiration of one year, a building permit related. to the "Design Review" is issued and construction com- menced and diligently pursued toward completion. Notwithstandingconditionstothecontrary, a "Design Review" granted pursuant to this Chapter shall run with the land for this one (1) year period and shall continue to be valid upon a change of ownership of the site which was the subject of the "Design Review" application. Section 17. 82.120 Modification of "Desian Review" Approval. Any alteration or expansion of a project for which there has been a Design Review" approval as well as all applications for modifica- tion or other change in the conditions of approval of a "Design Re- view" shall be reviewed according to the provisions of this Chapterinasimilarmannerasanewapplication. Section 17. 82.130 Reapplication. Following the denial of a "DesignReview" application or the revocation of a "Design Review" approval, no application for a "Design Review" for the same or substantiallythedesignconceptonthesameorsubstantiallythesamesite, shall be filed within one year from the date of denial or revocation of the "Design Review". Section 17. 82.140 Occupancy. No structure which has received a Design Review" or "Minor Design Review" approval shall be occupied or used in any manner or receive a Certificate of Occupancy until the Director of Community Development has determined that all Conditions of Approval have been complied with. CHAPTER 17. 84 AMENDMENTS Sections: Section 17. 84.010 Generally. Section 17. 84.020 Initiation. Section 17. 84.030 Public Hearings. Section 17. 84.040 Action by Planning Commission. Section 17. 84.050 Action by City Council. Section 17. 84.010 Generally. This title may be amended by changingtheboundariesofdistricts, or by changing any other provision there- of whenever the public necessity and convenience and the general wel- fare require such amendment by following the procedure of this chapter. Section 17. 84.020 Initiation. A. An amendment may be initiated by the verified petition of one (1) or more property owners affected by the proposed amendment, or by resolution of intention by the City Council, or by resolution of intention by the Planning Commission. B. Initiation by the verified petition of one (1) or more pro- perty owners affected by the proposed amendment shall be accompanied by a fee established by resolution of the CityCouncilandinformationasprescribedbytheCommunityDevel- opment Director kept on file in the Planning Division. Section 17. 84.030 Public Hearinas. The Planning Commission shallholdone (1) public hearing on any proposed amendment and, shall givenoticethereofasprescribedinChapter17. 92, Hearings. Section 17. 84.040 Action by Plannina Commission. The Planning Com-mission after examination of the proposed amendment, shall make recom- mendations of its findings to the City Council. The Planning Commis-sion shall recommend approval only if it finds: A. The proposed amendment will not be (1) detrimental to the health, safety, comfort, or general welfare of the personsresidingorworkingwithintheneighborhoodoftheproposedamendmentorwithintheCity, (2) injurious to property or improvements in the neighborhood or within the City. B. The proposed amendment will be consistent with the latest General Plan. Section 17. 84.050 Action ~ City Council. A. A report of the findings and recommendations of the PlanningCommissionshallbetransmittedtotheCityCouncilafterthefinalpublichearing. Upon receipt of such report from the Planning Commission recommending approval of the proposed amendment the City Council shall set the matter for publichearingasspecifiedinChapter17. 92. Upon receipt of such report from the Planning Commission, recommending denial of the proposed amendment, the City Council shall not be re- required to take any further action, unless the applicant or any interested person, within ten (10) calendar days after the action of the Planning Commission, files a written appealoftheactionwiththeCityClerk. The letter of appealshallbeaccompaniedbyaprocessingfeeasestablished byresolutionoftheCityCouncil. B. Any member of the City Council may appeal the decision of the Planning Commission in writing within ten (l0) calendar days.The letter shall be filed with the City Clerk. C. The City Council shall hold a public hearing and notices shall be mailed as set forth in Chapter 17. 92. Notices shall also be given to the applicant, the Planning Commission and the appellant. The Planning Commission shall submit a report and meeting minutes to the City Council setting forth the reasons for action taken by the Commission. D. The City Council shall make its own determination as to whether the proposed amendment meets the standards outlined in Section 17. 84.040 and may approve, modify or disapprove the recommendation of the Planning Commission. Any signifi- cant modification of the amendment, not previously considered by the Planning Commission during its hearing, may be, but is not required to be, referred to the Planning Commission for report and recommendation. CHAPTER 17. 92 HEARINGS SECTIONS: Section 17. 92.010 When held Section 17. 92.020 Notice Section 17. 92.030 Time limitation-- Extension Section 17. 92.040 Rules and regulations Section 17. 92.050 Denials Section 17. 92.060 Decisions Section 17. 92.010 When Held. A. Public hearings may be held whenever desired in any matter relative to administration of this title. B. A public hearing shall be held by the Commission, or its authorized agent, prior to approval of a conditional use permit or variance. C. Amendments relative to changing district boundaries, re- classifying of property or uses therein, or other substan- tial amendments hereto, or General Plan changes shall be accomplished only after such public hearings as are requiredinsaidmattersby "the Planning and Zoning Law" (California Government Code, Sections 65000- 66390). Section 17. 92.020 Notice. Notice of the time, place, and purposeofallpublichearingsheldeitherbytheCityCouncilorthe Commission, together with the boundaries, or a description of the property or area under consideration, shall be given by at least one publication thereof in a newspaper of general circulation in the city, at least ten days before the date of said hearing. If such hearing is to be held by the Commission and is relative to a proposalwhichwouldalterdistrictboundaries, notice shall be given by both published notice and also written notice to owners, or posting as provided as follows: A. Mailing a postal card or other notice, containing the same information required for said published notices, not less than ten days prior to the date of hearing mentioned therein,to the owners of all property described in said proposal and to all owners of property within three hundred feet of the exterior boundaries of said described property, using for this purpose the last known address of such owner or the addresses given for such owners as shown on the latest records of the County Assessor; B. In lieu of mailing notices as provided in subsection "A" of this section, notice may be given by posting public notices thereof not less than ten days prior to the date of said hearing mentioned therein. Such notices shall be placed not more than three hundred feet apart along both sides of the street or streets abutting the property said proposal seeks to affect, and such posting shall extend along said street or streets a distance of not less than three hundred feet beyondtheexteriorlimitsofsaidproperty. Such posted notices shall have a heading entitled, "Notice of Use District Hearing",printed in plain type not less than one inch in height, and in small type shall be a statement of the time, place and purposeofsaidhearingtogetherwiththeboundariesofthepropertyinvolvedoradescriptionofsuchproperty. C. In lieu of mailing notices as provided in subsection "A" of this section, and in lieu of posting notices as provided in subsection B" of this section, in the event that the number of owners to whom notice would be sent is greater than one thousand, notice may be given not less than ten days prior to the date of the hearing by either of the following procedures: 1. By placing a legal advertisement in a newspaper having general circulation within the area affected by the proposed action; or 2. By placing an insert with any generalized mail- ing sent by the city to property owners in the area affected by the proposed action, such as billings for city services. Section 17. 92.030 Time- limitations--Extensions. If, in a proposal, a hearing is to be called, it shall be called sixty days of the date said proposal was presented to the unless a time extension is made. response to within Commission Section 17. 92.040 Rules and reaulations. The City Council and the Commission may respectively prescribe its own rules and regulations for conducting its hearing and taking testimony, and may continue hearings, when necessary. Section 17. 92.050 Denials. The Commission may deny or recommend that a petition be denied. Upon receipt of such report from the Planning Commission, recommending denial of the proposed petition,the City Council shall not be required to take any further action,unless the applicant or any interested person, within ten (10) calendar days after the action of the Planning Commission, files a written appeal of the action with the City Clerk. The letter of appeal shall be accompanied by a processing fee as established byresolutionoftheCityCouncil. Any member of the City Council may appeal the decision of the Plan- ning Commission in writing within ten (10) calendar days. The letter shall be filed with the City Clerk. Section 17. 92.060 Decision. The Commission shall render its decision or recommendation within thirty- five (35) days after the conclusion of the final hearing relative to any petition unless a longer time is agreed upon between the Commission and the petitioner. CHAPTER 17. 94 SIGNS - ADVERTISING STRUCTURES Sections• Section 17. 94.010 Purpose Section 17. 94.020 Definitions Section 17. 94.030 Permit Required. Section 17. 94.040 Procedure Section 17. 94.050 Stop Orders Section 17. 94.060 Exemptions Section 17. 94.070 Nonconforming Signs Section 17. 94.080 Removal of Obsolete Signs Section 17. 94.090 Maintenance Section 17. 94.100 Prohibited Signs Section 17. 94.110 Advertising on Public Property Section 17. 94.120 Temporary Political Signs Section 17. 94.130 Temporary Advertising for new Residential Developments Section 17. 94.140 Off- site Directional Signs Section 17. 94.150 Temporary Advertising for Developments Other Than New Residential DevelopmentsSection17. 94.160 Temporary Advertising Devices Section 17. 94.170 Signs in Residential Zones Section 17. 94.180 Signs in Commercial Districts Section 17. 94.190 Signs in the Central Business District Section 17. 94.200 Signs in the Industrial Districts Section 17. 94.210 Signs for Gasoline Dispensing Establishments Section 17. 94.220 Signs in Open Space and Recreational Districts Section 17. 94.010 - Purpose. Recognizing the right and need of each individual, business, firm or corporation to identify his placeofresidence, business or service, and realizing that the indiscrimi- nate erection, locations, illumination, coloring,, and size, and lack of proper maintenance of signs, constitutes a significant contributingfactordetrimentaltothepurposeandintentofthischapterto: A. Assure that all signs are designed, erected and main- tained in a manner to enhance, rather than detract from the ultimate design and appearance of the affected locality; providing for business identification, but eliminating clutter and confusion which detract from community appearance; B. Prohibit the installation and maintenance of signs which unduly distract motorists' attention from driving, and which detract from the attention that should be devoted to traffic movement and to signs and signals promotingtrafficsafety; C. Prevent installation and maintenance of signs which singly or conjunctionally have an injurious effect on the people and the economic well- being of the city; D. Assure that size and location do not constitute an obstacle to effective fire protection and fire fightingtechniques; nor constitute a direct or potential dangertovehicularorpedestriantraffic, especially in the event of structural failure during periods of inclement weather and earthquakes, or in the event of impairedvisionduetoimpropersizeand/ or location; E. Otherwise protect the public health, safety, and promotethepublicwelfare. Section 17. 94.020 - Definitions. A. For the purpose of this chapter, certain terms used here-in are defined as follows: 1. "Balloon" means an inflatable bag or other inflatable device of any size; 2. "Billboard" means any sign which directs attention to a business, commodity, service or entertainment con- ducted, sold or offered elsewhere than on the premises, and only incidentally on the premises if at all; 3. "Building Frontage" means the lineal extent of a build- ing or unit along either a street or a public parking area serving the business, not including loading or service areas; 4. Business identification sign" means any sign erected or maintained for the purpose of identifying a bonafide business being conducted upon the premises on which the sign is located; 5. "Center identification sign" means a free- standing sign structure containing the name identifying an integrated business development and may also include identification signs on which the names and nature of business only within the development are uniformly displayed; 6. "Doubleface sign" means a single sign with two (2) paral- lel sign faces back- to-back; 7. "Electric sign" means an advertising structure served or energized with electrical current for purpose of illuminat- ing, or for any other purpose; 8. "Free- standing sign" means any permanent sign not attached to a building; 9. "Freeway" means a highway with respect to which the owners of abutting lands have no right of easement or access to or from their abutting lands, or in respect to which such owners have only limited or restricted easement or access and which is declared to be such in compliance with the Streets and Highways Code of the State; 10. "Integrated development" means a development consisting of five (5) or more interrelated business establishments, in separate units, using common driveways and on site parking facilities; 11. "Monument sign" means a low profile sign, not exceedingfivefeet (5') in height, supported by a solid pedestal extending under the entire length of the sign; 12. "Nonadvertising sign" means any sign posted on private property containing thereon a regulatory or warning notice and upon which no advertising matter is displayed; 13. "Permanent reader panel" means a permanently constructed changeable copy bulletin board lighted or unlighted with detachable precut letters and figures; 14. "Political sign" means a sign relating to a forthcomingpublicelectionorreferendumindicatingthenameand/ orpictureofanindividualseekingelectiontoapublic office, or a sign pertaining to issues, or a sign pertain- ing to the advocating by persons, groups, or parties of the political views or policies; 15. "Portable sign" means any movable external sign that is not permanently secured or attached to an approved permanently established structure, support or anchor; 16. "Projecting sign" means any sign which is affixed or attached to, and is supported solely by a building wall or structure, or parts thereof, and extends beyond build- ing wall, or structure or parts thereof more than twelve 12) inches and whose angle of incidence to said building wall, structure or parts thereof, is greater than thirty30jdegrees; 17. "Roofline" means the height above finish grade of the uppermost beam, rafter, ridge board, or purlin of any building; 18. "Roof sign" is any sign erected, constructed and main- tained wholly or partially above the roofline; 19. "Sign" means and includes every announcement, declaration, demonstration, display, illustration, insignia, surface or space when erected or maintained in view of the general public for identification, advertisement or promotion of the interests of any business or person; 20. "Sign area" means the entire area within the outside border of the sign. The area of a sign having no continuous border or lacking a border shall mean the entire area with- in a single continuous perimeter formed by no more than eight straight lines enclosing the extreme limits of writ- ing, representations, emblem, or any fixture or similar character, integral part of the display or used as a border excluding the necessary supports or uprights on which such sign is placed. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that where two such faces are placed back- to-back and are at no point more than three feet from one another, the area of the sign shall be taken as the area of one face if the two faces of equal area, or as the area of the larger face if the two faces are of unequal area; 21. "Street frontage" means the lineal extent of a parcel oflandalongastreet; 22. "Temporary sign" means any sign constructed of or painted on, cloth, canvas, light fabric, cardboard, wallboard,plastic, or other light material; 23. "Wall sign" includes all flat signs, either of solid face construction or individual letters, which are placed against the exterior wall of any building or structure and extending not more than one (1) foot from the face of the building and having the advertisement on one (1j face only. Section 17. 94.030 - Permit Required. A sign permit shall be obtained from the Community Development Department prior to the placing, erecting, moving, reconstructing, altering, or displayingofanyexteriorsignsincludingchangeoffaceorcopyonexistingsignsunlessexemptedbySection17. 94.060, and not including merelyrefurbishingexistingsigns. A building permit and/ or electrical permit may also be required. Section 17. 94.040 - Procedure. A. Application for sign approval shall be made upon forms provided by the city and shall have and be accompaniedbythefollowinginformationandmaterials: 1. Name, address and telephone number( s) of the owner of the property; 2. Name, address and telephone number( s) of the applicant; 3. Name, address and telephone number( s) of the sign contractor; 4. Location of building, structure or lot to which, or upon which, the sign or other advertising structure is to be attached or erected, togetherwithastatementshowingthestreetfrontageof such lot; 5. Three (3) copies of plan showing: a. Position of sign or other advertising structure in relation to adjacent build- ing or structures; b. The design and size, structural details and calculations signed by a registered professional engineer, if required by the Chief Building Officals c. A current photograph( s) showing existing signs on the premises and adjacent pro- perty, and certifying the date on which the photographs were taken; d. A statement showing the size and dimensions of all signs existing on the premises at the time of making such applications; e. Such other information as the City shall deem reasonable and necessary to insure safety of construction and compliance with the intent of this chapter. B. Fees. Every applicant, before the granting of a permit, shall pay to the Planning Division the permit fees as established by resolution for each sign or other advertis- ing structure regulated by this chapter. C. Issuance of Permits. It shall be the duty of the PlanningandBuildingDivisions, upon the filing of an application for a sign permit, to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign or advertising structure; and if it shall appear that the proposed structure is in compliance with all the requirements of this chapter and all other adopted laws, guidelines and ordinances of the City, they shall then issue the sign permit except as otherwise provided in this chapter. D. Revocation of Permit. The Community Development Director is authorized and empowered to revoke any permit uponfailureoftheholderthereoftocomplywithanyprovisions of this chapter, with written statement for reasons of revocation. Section 17. 94.050 - Stop Orders. The issuance of a sign permit shall not constitute a waiver of this section or any ordinance of the City, and the Building Division is authorized to stop any sign or advertising structure installation which is being carried on in violation of this title, or of any other ordinance of the City. Section 17. 94.060 - Exemptions. The following non- illumi- A. The following non- illuminated signs shall be permitted in all districts with no permit required, subject to the limitations provided in this chapter,. or as otherwise provided by state law: 1. One (1) double- faced or two (2) single- faced real estate signs per street frontage not exceeding six feet (6') in area nor six feet (6') in height pertaining to the sale or rental of the property on which displayed, provided that such signs shall be removed at the time the proper- ty is sold or rented; On vacant parcels larger than 20, 000 square feet. in area, one (1) double- faced real estate sign per street frontage not exceeding thirty- two (32) square feet in area may be placed in lieu of the smaller sign, pro- vided that it shall be a minimum of fifteen feet (15')from any street right- of-way or driveway and shall not exceed ten feet (10') in height; 2. One (1) professional nameplate or occupational sign denoting only the name and occupation of an occupant in a commercial building or public institutional building, provided that said sign does not exceed two 2) square feet in area and is attached to and mounted parallel to the face of the building not exceeding four 4) inches from the wall; 3. One (1) single- faced identification nameplate or sign on an apartment house, boarding or rooming house or similar uses, not exceeding three (3) square feet in area; pro-vided that said sign is attached to and mounted parallel to the face of the building; not exceeding four (4) inches from the wall; 4. One (1) nameplate, denoting only the name of occupants of a dwelling, and not exceeding two (2) square feet in area not located. closer than two. (2) feet to the property line; 5. Traffic or other municipal signs, legal notices, railroad crossing or danger signs; 6. Nonadvertising warning signs or trespassing signs on private property posted no closer than one hundred (100) feet apart not exceeding three feet (3') in area; 7. Nonadvertising signs of public utility companies as may be required in their operations in providing services for the health and welfare of the general public, or as required by any law or regulations of the state or any agency thereof; 8. One (1) sign per street frontage identifying the develop-ment and denoting the architect, engineer or contractor when placed upon work under construction; provided, how- ever, that no such sign shall exceed thirty- two (32) square feet in area nor eight (8) feet in height; 9. On- site directional signs for public and. private develop-ments, denoting the entrance, exit and direction of traffic flow and not exceeding four (4) square feet in area; provided such sign is not prohibited or further regulated by other sections of this title and any other ordinance of the city; l0. Civil interest signs limited to religious, charitable, educational, or cultural events. Each business maydisplayone (1) such sign in its window containing a maximum of four (4) square feet in area, for not more than thirty (30) days before the event takes place. The sign must be removed within twenty- four (24) hours after the event takes place; 11. Nonadvertising displays commemorating legal holidays; pro-viding, however, that said displays are not detrimental to public health, safety and general welfare; 12. Off- site. directional signs for the location of residential open houses, new residential developments, and garage sales not exceeding three (3) square feet in area and subject to the regulations in Section 17. 94.140, Off- site Directional Signs; 13. Temporary political signs subject to the regulations in Section 17. 94.120, Temporary Political Signs. Section 17. 94.070 - Nonconformina Sians. Any permanent signlegallyerectedandmaintainedatthetimeofadoptionofthis title,although each sign does not conform to the regulations herein spe-cified, may continue to be used. However, at the time of any changetothesignincludingchangeoffaceofthesign, the sign shall be removed or made to conform to the provisions of this title. All other nonconforming signs and advertising devices shall be removed within sixty (60) days from the date of adoption of this title. Section 17. 94.080 - Removal of Obsolete Si ns. It shall be the responsibility of the property owner to have signs pertaining to enterprises or occupants that are no longer using a property removed or the sign copy obliterated within sixty (60) days after the associated enterprise or occupant has vacated the premises. Section 17. 94.090 - Maintenance. All signs and sign struc- tures shall be periodically inspected and maintained at reasonable intervals including replacement of defective parts, painting, re- painting, cleaning and other acts required to maintain the sign. The Director of Development Services shall require corrections or removal of any sign deemed to be in violation of this title or any other ordi- nance of the city. Section 17. 94.100 cally permitted by The following signs A. Portable signs, other signs and signs; Prohibited Sians. All signs not specifi- ther provisions of this chapter shall be prohibited. shall not be permitted in any district: including free- standing and wheeled or inflatable signs or balloons containing B. No vehicle containing any advertising matter, words, symbols, or pictures shall be so parked whether on public or private property for the primary purpose of advertising or directing attention to a business; C. Signs which incorporate in any manner any flashing, moving, or intermittent lighting; D. Rotating or animated signs, or signs which contain any moving parts; E. No sign, lights or other advertising structure shall be located in such a manner as to constitute a hazard to pedestrian or vehicular traffic, or in such a manner as to obstruct free and clear vision at any location where, by reason of the position, shape, color or movement mayinterferewith, obstruct the view of, or be confused with any authorized traffic sign, signal or device. Nor shall such sign or advertising structure make use of any word, phrase, symbol or character in such a manner as to inter- fere with, mislead or confuse traffic; F. Spinners or similar advertising devices; G. Signs which exceed the roofline or parapet to which such signs are attached; H. Signs on vehicles, trailers, boats, or other similar pro- perty parked on public or private property within the citylimitsforthepurposeofadvertisingsaidvehicle, trailer, boat, or similar property for rent, sale, or lease, unless: 1. Such property is on the premises owned, rented or leased by the owner of the vehicle, trailer, boat or similar property, and the subject premises is occupied by the owner as a business or residence and subject to the provisions of Section 17. 66.020 F); or 2. Such property is on a business premises licensed by the city to engage in the sale, rental or lease of such property; or 3. Only one (1) sign, one (1) square foot or less in area, is displayed which does not interfere with driver visibility as may be required by the State Vehicle Code. I. Any off- site advertising, including billboards, except as otherwise provided in this chapter, in Sections 17. 94.130 and 17. 94.140. Section 17. 94.110 - Advertisina on Public Property. A. No person, except a public officer or city employee in the performance of his duty shall paste, post, paint or erect any flag, pennant, sign or notice of any kind or cause the same to be done upon public property, street, bridge, or sidewalk within the city and no person shall attach any item to private utility company poles without prior written approval from the utility company to which such poles belong; B. Exceptions. Signs for special events to the benefit of the entire community and authorized by the City Manager. Section 17. 94.120 - Temporary Political Sians. A. General. Political signs are permitted in all districts subject to the following limitations: 1. Time Limits. No sign shall be posted more than sixty (60) days prior to the election to which it pertains. All political signs shall be re- moved within seven (7) days following the election to which they pertain; 2. Sponsor identification. The name, address, and telephone number of the person or organization responsible for posting a political sign shall be affixed to each sign in a permanent waterproof manner. B. Exceptions. Political signs shall be prohibited in locations listed below: 1. Public Right- of-way. No political sign shall be posted within the street right- of-way (including,but not limited to, median islands, tract entry planters, treewells, and parkways), or on. anytraffic- control sign or device; 2. Public Facilities. No political sign shall be posted on any building or on any land owned by the city. Section 17. 94.130 - Temporary Advertisina for New Residential Developments. New residential developments located within the city limits which offer ten or more units for sale or lease mayerecttemporaryadvertisingsignssubjecttothefollowinglimita-tions: A. On- site Signs. One (1) sign per street frontage may be located within the boundaries of the development. Such signs shall not exceed one hundred (100) square feet in area or twenty (20) feet in height; B. Off- site Signs. Three (3) signs may be located outside the boundaries of the development being advertised. Such signsshallnotexceedthirty- two (32) square feet in area or fifteen (15) feet in height. These signs may only be erected on vacant property; C. Approval Required. Temporary advertising signs for new residential developments shall be subject to the review and approval of the Director of Community Development. Such advertising sign permits shall be valid for one (1) year, or until all units have been sold or leased, which- ever occurs first. As a condition of approval, a five hundred (500) dollar cash bond and right of entry agree-ment for each sign shall be required in order to guaran-tee prompt removal upon expiration of approval period. Section 17. 94.140 - Off- Site Directional Sians. A. Off- site directional signs for the location of residential open houses, new residential developments, and garage sales are permitted subject to the following: 1. Signs may only be posted on weekends between six 6) p. m. on Friday and six (6) p. m. on Sunday, on legal holidays between eight (8) a. m. and six (6) p. m. and between eight (8) a. m. and two (2) p. m. on one weekday designated by the City Council; 2. Signs may be posted within the public right- of-way only within parkways, treewells, tract entry planters. Signs may not be posted in median islands, on utility poles, light standards, traffic signals, street trees or in any fashion that would interfere with traffic signals or sight visibility at inter- sections and driveways; 3. There shall be no more than one (1) sign per direction of traffic at any intersection within the public right- of-way; 4. Signs shall be at lease one thousand (1, 000) feet apart, except at intersections; 5. Maximum area of directional signs shall not exceed three (3) square feet nor shall any sign be erected in excess of four (4) feet in height; 6. Signs may be posted on private property; B. Signs in violation of this section may be subject to re- moval and disposition without notice or warning. Section 17. 94.150 - Temporarv Advertisina for Developments Other Than New Residential Developments A. Temporary advertising for new developments other than residential projects shall be permitted subject to the following: 1. One (1) free- standing sign per street frontage may be erected. Such signs shall not exceed thirty- two (32) square feet in area, nor ten feet (10') in height. Larger signs may be permitted subject to approval of a use permit, pursuant to Chapter 17. 74. 2. One (1) wall sign per building frontage may be dis- played. Such signs shall not exceed one (1) square foot per lineal foot of building frontage, provided, however that no sign shall exceed fifty (50) square feet; 3. Signs shall not be displayed for more than one (1) year. Section 17. 94.160 - Temporary Advertisina Devices. Temporary advertising devices, such as pennants, banners and flags shall be permitted for grand openings, change of ownership and special pro-motions, subject to the following regulations: A. All temporary pennants, banners and flags shall require a permit and shall be subject to the review and approval of the Planning Division; B. Pennants, banners and flags shall be displayed only at the location where the grand opening occurs and shall not be displayed for more than thirty- one (31) con- secutive days; C. Pennants, banners and flags for change of ownership of the business shall not be displayed for more than thirty- one (31) consecutive days; D. Pennants, banners and flags for special promotions shall be permitted four (4) times a year subject to the follow- ing: 1. They shall not be displayed more than ten (10) consecutive days; E. Flags and pennants shall contain no advertising; F. The display of banners shall be subject to the followingadditionalregulations: 1. Sign area of banners shall not exceed one (1) square foot per lineal foot of building front- age on which the sign is located, except that no banner shall be larger than one hundred 100) square feet; 2. Only one (1) banner shall be permitted per building frontage; 3. Banners shall be attached to the building or canopy parallel to the building face. No portion of any banner shall project more than six (6) inches from the face of the building or canopy to which it is attached. Section 17. 94.170 - Sians in Residential Zones. The followingregulationsshallapplytoallsignsandoutdooradvertisingstruc- tures in residential zones, except as provided in Section 17. 94.060,Exemptions. A. For other than single- family detached residential, developments on lots less than one hundred (100) feet in width may be permitted one (1) wall sign containing a maximum area of ten (10) square feet; B. Large scale developments having more than twelve 12) units and a lot width greater than 100 feet and nonresidential developments with a lot width greater than one hundred (100) feet may be permitted one (1) sign per street frontage con- taining no more than one (1) square foot per each ten (l0) feet of .linear lot frontage and shall not exceed thirty- two (32) square feet. Such signs may be free- standing or wall signs; C. All signs shall harmonize with the scale and designofthedevelopmentandiflightedshallbeindirectlylighted; D. Free- standing signs shall have an overall maximum height of forty- two (42) inches above grade. Such sign shall not extend out from the furthest projection of the main building more than five feet (5') on any side of front yard; E. A wall sign shall be fastened parallel to the surface of the main building and may be placed at a height not greaterthantwo- thirds (2/ 3's) of the height of the buildingsurfaceuponwhichitislocated Section 17. 94.180 - Si ns in Commercial Districts. The following regulations shall apply to all signs and outdoor advertisingstructuresintheC- O, C- 1, C- 2, C- M, and C- P districts: A. No sign shall be permitted that does not pertain directlytoanapprovedbusinessconductedonthepremises, except as provided in Section 17. 94.060, Exemptions; B. All signs, except those provided for in Section 17. 94.160, temporary advertising devices, shall be permanent in nature and shall be consistent with and reflect the architectural design of the building with which they are associated, and shall incorporate unifying features such as materials; C. The total sign area permitted per building frontage shall not exceed one (1) square foot per lineal foot of building frontage on which the sign is located subject to the following: 1. Building frontages may not be combined to permit a larger sign on any one building frontage; 2. Signs shall be attached to the building or canopy, parallel to the building face. No portion of any sign or its supporting structure, may project more than six (6) inches from the face of the building or structure to which it is attached; D. Businesses in an integrated development shall comply with a uniform sign program approved by the Planning Commis- sion; E. In addition to the above, businesses in a separate build- ing and occupying at least 100 feet on one street may be permitted a free- standing sign subject to the following: 1. Sign area per street frontage shall not exceed twenty (20) square feet per one hundred (100) lineal feet of the street frontage on which the sign is located, provided, however, that no one sign shall exceed sixty (60) square feet; 2. Maximum height of free- standing signs shall not exceed six (6) feet above the public sidewalk; 3. Signs shall reflect the architectural design of the building with which they are associated, and shall incorporate unifying features such as materials; 4. No portion of any sign or supporting structure shall be located closer than five (5) feet to any property line, nor be located in such a manner as to constitute a hazard to pedestrian or vehicular traffic; 5. No sign is permitted for frontages on local resi- dential streets; 6. All free- standing signs shall include the address of the business in numerals and/ or letters at least six 6) inches high. Addresses shall not be obscured by landscaping or other obstructions; 7. -All free- standing signs shall be located in a planter area not less than fifty (50) square feet in area and with a minimum width of five (5) feet. F. In addition to the above, one (1) center identification sign per street frontage is permitted for integrated developments of five (5) or more separate units subject to the following: 1. The sign are shall not exceed thirty (30) square feet per one hundred (100) lineal of street frontage on which the sign is located, provided, however, that the maximum sign area shall not exceed three hundred twenty (320) square feet per sign; 2. No sign shall exceed the height of the building with which it is associated; 3. Signs shall reflect the architectural design of the building with which they are associated, and shall incorporate unifying features such as materials; 4. No portion of any sign or supporting structure shall be located closer than five (5) feet to any property line, nor be located in such a manner as to constitute a hazard to pedestrian or vehicular traffic; 5. No sign is permitted for frontages on local resi- dential streets; 6. All free- standing signs shall include the address of the center in numerals and/ or letters at least six (6) inches high. Addresses shall not be obscured by landscaping or other obstructions; 7. All free- standing signs shall be located in a planter area not less than one hundred (100) square feet in area with a minimum width of five 5) feet; 8. All free- standing center identification signs shall be subject to the review and approval of the Planning Commission subject to the provisions of Chapter 17. 82,Design Review. G. Business not located in integrated developments of five 5) or more units and located on a parcel with at least one hundred (100) lineal feet of street frontage on one arterial street shall be permitted one (1) free- standingbuildingidentificationsignperstreetfrontagesubjecttothesamerequirementsinSubsection (E) above. H. Small suspended or projecting signs may be permitted in addition to provisions of subsections C, E, F, and G,subject to the following: 1. A maximum of one (1) such sign per building frontageispermittedprovidedthatitisperpendicularto the main face of the building and suspended from a canopy or projects not more than three (3) feet from the building face; 2. Signs shall not exceed two (2) square feet in area and shall have a minimum ground clearance of eight8) feet; 3. All such signs shall be non- energized and nonelec- trical. I. Freeweay Identification Signs. Signs oriented to free- way traffic shall be permitted subject to the followinglimitations: 1. Properties containing such signs shall be adjacenttoafreewayorafreewayramp; 2. Businesses are permitted a wall sign facing the free- way subject to the limitations of Section 17. 94. 180. C; 3. Individual businesses and integrated developments of five (5) or more units with at least one hundred and fifty feet (150') of freeway frontage may be permitted a free- standing freeway identification sign subject to the following: a. Total sign area shall not exceed thirty (30) square feet per one hundred (100) lineal feet of freeway frontage, provided, however, that the maximum sign area shall not exceed one hundred fifty (150) square feet; b. No sign shall exceed forty- five feet in height; c. All free- standing signs shall be subject to review and approval by the Planning Commission subject to the provisions of Chapter 17. 82,Design Review;. d. Said business must be freeway oriented business, as determined by the Planning Commission; e. Said business must be easily accessible to a freeway ramp, as determined by the Planning Commission. f. Said sign shall not block another freeway oriented free- standing sign. The applicant shall be responsible for providing the Plan- Commission with evidence to assure satis- factory compliance with this requirement. g. Said sign shall be located in a planter area not less than one hundred (100) feet with one dimension being at least five (5) feet. J. Temporary window signs, including signs painted on windows and banners, shall be permitted subject to the following: 1. They shall be permitted only inside a window of the business to which such sign pertains; 2. Total area occupied by said sign shall not exceed more than twenty- five (25) percent of the window area through which they are displayed; 3. Signs shall be displayed in a neat and orderly manner and shall not contain any words, symbols or pictures that may be offensive to the general public; 4. Window signs shall not be displayed for more than thirty- one (31) days con- secutively. 5. Permanent window signs shall be subject to the limitations of 17. 94. 180( 3). K. Signs for gasoline dispensing establishments shall comply with the provisions of Section 17. 94.210. Section 17. 94.190 - Sians in the Central Business District CBD . The following regulations shall apply to all signs and outdoor adver- tising structures in the district: A. No sign shall be permitted that does not pertain directly to an approved business conducted on the premises, except as provided in Section 17. 94.040 Exemptions. B. All signs, except those provided for in Section 17. 94.160, temporary advertising devices, shall be permanent in nature and shall be consistent with and reflect the architectural design of the building with which they are associated; C. The total sign area permitted per building front- age shall not exceed one (1) square foot per lineal foot of building frontage on which the sign is located subject to the following: 1. No single sign shall exceed seventy- five 75) square feet in total sign area; 2. Building frontages may not be combined to permit a larger sign on any one building frontage; 3. Signs shall be attached to the building or canopy, parallel to the building face. No portion of any sign or its supporting structure, may project more than six (6) inches from the face of the building or structure to which it is attached; 4. This total sign area shall include any sign painted or applied to any awnings; D. In addition to the above a maximum of one (1) small suspended or projecting sign may be permitted per building frontage, provided they shall not exceed two (2) square feet in area and shall have a minimum ground clearance of eight( 8) feet. E. All signage shall be painted in a 1920' s theme. No internally lighted box, plastic, pole or roof mounted or billboard signs shall be allowed within the Central Business District (CBD). All signs shall be placed so as not to hide or cover any architectural details or ornamental motifs; F. Window signs, including signs painted on windows and banners, shall be permitted subject to the following: 1. They shall be permitted only inside a window of the business to which such signs pertain; 2. Total area occupied by said signs shall not exceed more than twenty- five (25) percent of the window area through which they are dis- played, whichever is less; 3. Signs shall be displayed in a neat and orderly manner and shall not contain any words, symbols or pictures that may be offensive to the general public; 4. Window signs shall not be displayed for more than thirty- one (31) days consecutively. Section 17. 94.200 - Sians in Industrial Districts. The follow- ing regulations shall apply to all signs and outdoor advertisingstructuresinthe "M" district: , A. No sign shall be permitted that does not pertain directly to an approved business conducted on the premises; B. All signs, except those provided for in Section 17. 94.160, temporary advertising devices, shall be permanent in nature and shall be consistent with and reflect the architectural design of the buildingwithwhichtheyareassociated, and shall incorporate unifying features such as materials; C. The total sign area permitted per building frontageshallnotexceedonesquarefootforeachtwo (2)lineal feet of building frontage on which the signislocatedsubjecttothefollowing: 1. Maximum size of any sign shall be 100 square feet; 2. Building frontages may not be combined to permit a larger sign on any one building frontage; 3. Signs shall be attached to the building or canopy, parallel to the building face. No portion of any sign or its supporting struc- ture, may project more than six (6) inches from the face of the building or structure to which it is attached; D. Business in an integrated development shall complywithauniformsignprogramapprovedbythePlanningCommission. E. In addition to the above, businesses in a separate building and occupying the entire building area on a parcel with a street frontage of at least 100 feet on one street may be permitted a free- standing monument sign subject to the following: 1. Sign area per street frontage shall not exceed 20 square feet per 100 lineal feet of the street frontage on which the sign is located, provided, however, that no one sign shall exceed sixty (60) square feet; 2. Maximum height of the sign shall not exceed four 4) feet in height; 3. No portion of any sign or supporting structure shall be located closer than five feet to any property line, nor be located in such a manner as to constitute a hazard to pedestrian or vehicular traffic; 4. No sign is permitted for frontages on local residential streets; 5. All free standing signs shall include the address of the business in numerals and/ or letters at least six (6) inches high. Addresses shall not be obscured by landscaping or other obstructions; 6. All free standing signs shall be located in a planter area not less than fifty (50) square feet in area and with a minimum width of five 5) feet. F. In addition to the above, one center identification sign per street frontage is permitted for integrated developments of five or more separate units subject to the same regulations stipulated in Section 17. 94. 200. E. G. Freeway Identification Signs. Individual businesses and integrated developments may be permitted a wall sign facing the freeway subject to the limitations of 17. 94. 200. C. H. Signs for gasoline dispensing establishments shall comply with the provisions of Section 17. 94.210. Section 17. 94.210 - Sians for Gasoline Dispensing Establishments. The following regulations shall apply to all signs and advertisingstructuresforservicestations, including mini- markets or similar associated uses: A. One free standing sign per street frontage may be permitted subject to the following: 1. Sign area shall not exceed twenty (20) square feet per one hundred (100) lineal feet of street frontage, plus twenty- four square feet. Price signing shall be included within this sign area; 2. Maximum height of the sign shall not exceed six 6) feet above the adjacent public sidewalk; 3. Signs shall reflect the architectural design of the building with which they are associated and shall incorporate unifying features such as materials; 4. Street frontages may not be combined to permit a larger sign on any frontage; 5. All free- standing signs shall include the address of the business in numerals and/ or letters at lease six (6) inches high. Addresses shall not be obscured by landscaping or .other .obstructions; 6. All free- standing. signs shall be located in a planter area not less than fifty (50) square feet in area and with a minimum width of five 5) feet. B. The total sign area of all wall signs per building frontageshallnotexceedonesquarefootperlinealfootofbuild- ing frontage on which the sign is located; C. Signs above pump and pump islands shall be limited to directions for use of pumps and payments, or other signs required by state regulations, and sign area shall not exceed a total of ten (10) square feet per pump island; D. Window signs,. including signs painted on windows and banners, shall be permitted subject to the following: 1. They shall be permitted only inside a window of the business to which such signs pertain; 2. Total area occupied by said signs shall not exceed more than twenty- five (25) percent of the window area through which they are displayed, whichever is less; 3. Signs shall be displayed in a neat and orderly manner and shall not contain any words, symbols or pictures that may be offensive to the general public; 4. Window signs shall not be displayed for more than tirty- one (31) days consecutively. E. Temporary advertising signs may be permitted subject to the provisions of Section 17. 94.160, Temporary AdvertisingDevices. Section 17. 94.220 - Signs in 0 en S ace OS and Recreational uDistricts. Except as provided in Section 17. 94.060, Exceptions,all signs in Open Space and Recreational Districts shall be subjecttoreviewandapprovalofthePlanningCommission, which shall con- sider the special characteristics of these zones, including specialhazardsandoverlayzoneswhichmaybeassociatedwiththem. Gener- ally, the regulations set forth in Section 17. 94.180, Signs in Com-mercial Districts, shall be used as guidelines for signs in thesedistricts. CHAPTER 17. 98 SPECIAL EVENTS Sections: Section 17. 98.010 Definitions. Section 17. 98.020 Request. Section 17. 98.030 Submittal Time. Section 17. 98.040 Approvals. Section 17. 98.050 Fees. Section 17. 98.060 City Costs. Section 17. 98.070 Bond of Liability. Section 17. 98.080 Circulation and Parking. Section 17. 98.090 Enforcement. Section 17. 98.100 Appeals. Section 17. 98.010 Definitions. At the discretion of the City Manager, the following subsections shall be used as a guideline to determine if a request shall be classified as a "Special Event." A Special Event" Permit shall be required if the request/ nature is found to be in conformance or similar to, any of the below listed subsections: A. Definition of a "Special Event." Special Event11 shall be defined, by way of example, but not limited to an exhibit, display, gathering, assembly, attrac- tion, concert, performance, rally, congregation or collection of more than fifty (50) persons at any one time. B. Time. The scheduled event is intended to be held no more than two 2) times per calendar year; or, the scheduled event is intended to be held from one (1) to seven•( 7) consecutive days; or, the scheduled event is intended to be held between or within the hours of 8: 00 a. m. and 1: 00 a. m. on any one day. C. The scheduled event will not be held within a structure or building, currently approved and authorized as acceptable for assembly by agencies. D. The scheduled event will necessitate the use of portable toilet( s). (The gathering or anticipated attraction of fifty 50) or more persons at any one time, will require/ necessitate the use of portable toilet( s)). 1. One (1) portable toilet will be required for the first fifty (50) persons, an additional portable toilet shall be required for every twenty- five (25) persons in atten- dance or fraction thereafter. E. The scheduled event will necessitate the use of portable trash bins/ waste receptacles. (The gathering or antici- pated attraction of fifty (50) or more persons at any one time, will require/ necessitate the use of portable trash bins/ waste receptacles.) 1. Fifty (50) persons - three (3) twenty (20) gallon trash receptacles and three (3) additional twenty (20) gallon trash receptacles for every twenty- five (25) persons thereafter or one (1) trash bin for every fifty (50) persons in attendance or fraction thereafter. F. The scheduled event may require payment/ collection/donation of monies or equivalent, or any item for admission/ right-of- entry to or upon the property, location or place. G. ~'he scheduled event may have offered, displayed or trade for free or sale or offered for sale, exchange, trade swap or exhibit for display of sale or future sale any merchandise, wares, animals or any items, or any food/ drink for human oranimalconsumption. Section 17. 98.020 Request. A request for a "Special Event" shallbemadeonformsasprovidedbytheCityofLakeElsinore, stating allpertinentfacts. Incomplete permit applications shall be deemed un-acceptable, at the discretion of the City Manager. Section 17. 98.030 Submittal Time. Said request for a "SpecialEvent," on a permit application, shall be submitted at least sixty60) calendar days in advance of the scheduled event. Section 17. 98.040 Approvals. All requirements/ conditions of approval shall be met, and written proof thereof exhibited, one (1)week in advance of the scheduled event. The citizen/ applicant shallberesponsibletonotifyandobtainallnecessarywrittenagencyapprovals. Those agencies include, but are not limited to, Health,Fire and Sheriff' s Departments. The City Manager, or his/ her desig-nee, shall issue said "Special Events" permit upon compliance withprovisionsestablishedwiththischapter. Section 17. 98.050 Fees.. A fee as set forth by resolution of theCityCouncilshallbesettoprocessandreviewarequestforaSpecialEvent." All requirements/ conditions of approval costsshallbetheseparateresponsibilityoftheapplicant. Section 17. 98.060 City Costs. The employ of any City employee toattend/ monitor a "Special Event" shall be paid by the citizen/ appli-cant, in an amount sufficient to cover all costs and benefits of Cityemployee. This cost is over and above the "Special Event" permitcost, as stated with Section 17. 98.050. Section 17. 98.070 Bond of Liability. At the discretion of theCityManager, a bond of liability naming the City of Lake Elsinore,its employees, may be required. The amount shall be determinedaccordingtothenatureofthe "Special Event." Section 17. 98.080 Circulation and Parkina. The traffic circulationorparkingofa "Special Event" shall not be injurious or detrimentaltosurroundingpropertiesinthevicinityorzone. The applicantshallsubmitandprovide, in writing, proof of sufficient on- siteparkingandmitigationmeasurestobeenforcedontrafficcirculationtoandfromthe "Special Event," from the chief law enforcementofficeroftheCity. Section 17. 98.090 Enforcement. Non- compliance of this Chapter or any section thereof, shall void the "Special Event permit, and shallbeamisdemeanorpunishablebyafineofuptoOneThousandDollars1, 000.00), plus six (6) months in jail for each day of violation. Section 17. 98.100 Appeals. Any citizen/ applicant aggrieved by thedecisionoftheCityManagershallhavetherightofappealtotheCityCounciluponcompliancewithSections17. 98.020, 17. 98.030,17. 98.050, and 17. 98.070. Such appeal shall be taken by filing withtheCityClerk, within fourteen (14) days after the decision of theCityManager, a written statement setting forth fully the grounds forappeal. The decision of the City Council shall be final. CHAPTER 17. 99 Sections: Section 17. 99.010 Section 17. 99.020 Section 17. 99.030 Section 17. 99.035 Section 17. 99.040 Section 17. 99.050 Section 17. 99.060 Section 17. 99.070 Section 17. 99.080 Section 17. 99.090 Section 17. 99.100 Section 17. 99.110 Section 17. 99.120 Section 17. 99.130 Section 17. 99.140 Section 17. 99.150 Section 17. 99.160 Section 17. 99.170 Section 17. 99.180 SPD SPECIFIC PLAN DISTRICT Purpose. General Requirements for a Specific Plan Proposal. General Provisions and Standards for a Specific Plan District. Definitions. Application Procedure. Alternative A, Conditional (SP) Specific Plan Zoning Procedure. Alternative B, Nonconditional (SP) Specific Plan Zoning Procedure. Residential, Commercial or Industrial Development Intensity Policy. Draft Specific Plan. Final Specific Plan. Criteria for Reviewing Specific Plans. Approval by Ordinance. Specific Plan Approval, Denial and Modifications. Concurrent Actions. Site Plan and Subdivision Map Review. Site Plan P4odifications. Dedication, Maintainance of Open Space. Tentative and Final Subdivision Map. Site Plan and Tentative Subdivision Map Appeal. Section 17. 99.010 Purpose. The purpose of this district includes the following: A. To encourage the planned development of parcels and to permit comprehensive site planning and building design; B. To provide a more flexible regulatory procedure by which the basic public purpose of the City of Lake Elsinore General Plan and the City Zoning Code may be accomplished; C. To encourage creative approaches to the use of land, through variation in siting of buildings and the appropriate mixing of several land uses, activities and dwelling types; D. To enhance the appearance and livability of the community through encouragement of creative approaches to the use of land and the design of facilities; E. To promote and create public and private open space as an integral part of land development design; F. To reduce, when. appropriate, the amounts of public and private improvements normally required by developments; G. To maximize choice in types of environments available in the City; H. To encourage private development of older areas of the City and for the enhancement and preservation of property with unique features, such as property having historical significance, unusual topography and landscape features. Section 17. 99.020 General Reauirements for a Specific Plan Pro- A. Property that is held in single or multiple ownership may be considered for a Specific Plan. The City, property own- er, or his representative, may initiate the Specific Plan proposal. Components of the Specific Plan shall .include the submittal of a development plan and a supplementary text. Land development within the Specific Plan area shall, be ini- tiated and completed by the applicant or his transferees,whichever the case may be. Unless otherwise provided in the approval of the Specific Plan, the applicant may divide and transfer units within the Specific Plan Area, provided the total density permitted by the Specific Plan is not exceeded The applicant or his transferee shall complete, use and main- tain the development in strict accordance with the SpecificPlanandsubsequentconditionsofapprovalasrequired. B. All provisions of this district are supplementary to theCity' s Subdivision Ordinance. Any site plans and/ or mapscontemplatedfortheSpecificPlanAreaorforportionsthereofmaybeprocessedconcurrentlywiththeSpecificPlanasspecifiedunderthischapter. Section 17. 99.030 General Provisions and Standards for a Specific Plan District. The following provisions shall apply in this Specific Plan District, together with all other applicable provi-sions of the City' s Zoning and Subdivision ordinances. Where con-flict in a regulation occurs, the regulations specified in thisdistrictorinanapprovedSpecificPlanshallsupersedeandapply. A. Specific Plan Zones may be established pursuant to the regulations and requirements specified in the Specific PlanDistrictOrdinancecodifiedinthischapter. It is theintentoftheindividualSpecificPlanZonestoprovideinnovativedevelopmentplandesignanddevelopmentstan- dards in which development standards may vary between Specific Plan Zones. B. The Specific Plan shall consist of a development plan andsupplementaltextmaterialandisrecognizedasaguideto the developers and designers of land use plans for the pro-perty. The development standards are, in effect, perform-ance standards, the ramifications of which become manifest when a site plan has been drawn. C. Specific Plan Zones may be established on parcels of landwhicharesuitableforandofsufficientsizetobeplannedanddevelopedinamannerconsistentwiththepurposesofthisdistrict. D. The purpose of this district may be accomplished only uponsatisfactorydemonstrationbytheapplicantthattheSpeci-fic Plan is in conformance with the intent of the City' sGeneralPlanandanyelementthereof, and in accordance withotherapplicableplansandpoliciesadoptedbytheCity. E. Specific Plans may combine several land uses on the develop-ment plan. Mixed uses may include any combination of resi-dential, commercial, industrial, open space and agriculturaluses, and may occur among or within buildings as long as the uses are compatible with each other and with existing andpotentialusessurroundingtheSpecificPlanZone. F. Standards for building coverage, light and air orientation,building height, sign placement and design, site planning,street furniture placement and design, yard requirements,open spaces, off- street parking, and screening for specificplanusesandotherspecifiedstandardsshallbegovernedbythedevelopmentstandardssetforthintheSpecificPlanandsubsequentdocuments. G. The provision of public and private open space, as an inte-gral part of land development planning and design, is setforthasapurposeofthisSpecificPlanDistrict. TheSpecificPlanshallcontaincriteriaprovidingforopenspaceandperformancestandardsfortheimprovementandmaintainanceofrequiredopenspace. H. All electrical and telephone facilities, fire alarm con- duits, street- light wiring, cable television, and other wiring, conduits or facilities shall, where feasible, be placed underground. Electric and telephone facilities shall be installed in accordance with standard specifications of the serving utilities. I. Standards for private and public improvements shall be governed by the specific plan and may vary from adopted City standards. Section 17. 99.035 Definitions. For the purpose of this chapter, the following words and phrases shall have the meaning indicated: A. "Applicant" means the party filing the application for and requesting a Specific Plan Zone designation for particular parcel( s) of land. The applicant may be the City of Lake Elsinore, a property owner or group of pro- perty owners or their designated representative for the particular parcel( s) of land for which the Specific Plan zone is requested. B. "Building permit" means a permit issued by the City that allows the building of a structure, according to the specified conditions of the permit, where located on the approved grading plan. C. "Criteria" means the actual means employed to review and judge the effectiveness of the Specific Plan. D. "Dedicated" means land, improvements, or both, dedicated by the landowner or developer to a public or quasi- public agency thereby releasing certain obligations from the landowner or developer. E. "Development plan" means a mandatory requirement of the Specific Plan identifying areas on a map proposed for various land uses, backbone circulation systems, public use areas, open space areas, major landscape features and other general items as required by the City. F. "Development standards" means a set of customized standards devised for the purpose of guiding and controlling future development on the property, to ensure compliance with the proposed character of design described in the Specific Plan. They may be developed for a particular project or reference existing zoning districts. G. "Draft Specific Plan" means a preliminary compilation of Specific Plan components; including sketch plans of the development plan and an outline of the supplementary text material, the purpose of which is to expose the development concept and to solicit City responses and comments on the development concept. H. "Environmental studies" includes various requirements of the California Environmental Quality Act. I. "Final Specific Plan" means a final representation of the proposed development for a Specific Plan Area that includes the information required by the City. The Final Specific Plan, as approved by the Planning Commission and City Council, shall be considered an official zoning document for parcel( s) with approved (S P) Specific Plan Zoning as placed on the official zoning map. J. "Grading permit" means a permit issued by the City that allows grading to occur, according to the specified con- ditions of the permit, on the terrain of the Specific Plan Area. K. "Performance standards" means the development standards provided by the Specific Plan are to be enforced as per-formance standards when detailed site plans and subdivi- Sion maps are prepared. Project design is to be evaluated by the measure of performance. described by the develop-ment standards. L. "Private open space" means open- space lands identified in the specific plan that are recognized as being for the private use, enjoyment or primary benefit of a limited group of people, generally restricted to the residents and their guests of the Specific Plan Area. M. "Public open space" means open- space lands identified in the Specific Plan that are recognized as being for the use,enjoyment or primary benefit to the general public. N. "Reservation (reserved)" means the setting aside of Iand for a specific purpose as required in the Specific Plan. O. "Site plan" means a detailed development plan illustratingthepreciselocationsanddimensionsofparcels, buildings,circulation systems, public uses, urban design elements and other precise development elements as required by the City, the Specific Plan District, or as necessary to illu- strate site plan concepts. P. "Sketch plans" means a preliminary, working combination of land uses and development intensities designed as a manda- tory component of the draft specific plan. Q. "Specific Plan" means the legal document consisting of a development plan and supplementary text material that describes the character and building intensity of proposeddevelopmentstandardstoguidedevelopersanddesignersof the property. R. "Specific plan designation" means a special- purpose SpecificPlanAreathatisdesignatedintheCity' s General Plan.The development intensity policy is designated on the Gen- eral Plan Land Use Map or in the text of the General Plan.All areas that have a Specific Plan designation in theCity' s General Plan must be developed with an approvedSpecificPlanandmusthave (S P) Specific Plan Zoning. S. "Specific Plan District" means that district of the Lake Elsinore zoning ordinance permitting the establishment of Specific Plan zones. T. "Specific Plan zones" means an official zone established for specific parcel( s) of land for which particular inten-sities of land uses or combination of land uses are proposedandguidedbyaSpecificPlandocument. A designation of S P) is placed on the City' s official zoning map upon approval, by ordinance, of Specific Plan zoning for parcel( s)of land. U. "Subsequent reviews" means reviews of discretionary actions,as required to complete the development process concurrentwithorsubsequenttoSpecificPlanand (SP) Specific PlanZoneapproval. v. "Supplementary text material" means a mandatory requirementoftheSpecificPlandescribing, in written form, thecharacteroftheproposeddevelopment, guided by specificdevelopmentstandards. Section 17. 99.040 Application Procedure. The application procedureforSpecificPlanzoningcanoccurineitheroftwoalternativepro-cedures. One procedure allows the applicant to receive ConditionalSpecificPlan (SP) zoning prior to Final Specific Plan approval,while the other procedure allows the applicant to accelerate process-ing and receive Specific Plan zoning concurrent with Final SpecificPlanapproval. (See Exhibit "A," SPD, attached to the ordinancecodifiedinthischapter.) The application for Specific Plan (SP)zoning shall be made on a form provided by and submitted to the CityPlanningDivisionforreview. It shall be the responsibility of theCommunityDevelopmentDirectortocontactinteresteddepartmentsandallagencypersonnelregardingnecessarymeetingswiththeapplicant. Section 17. 99.050 Alternative ~ Conditional SP Specific Plan Zonina Procedure. The purpose of selecting the process for Con- ditional (SP) Specific Plan zoning is to allow the applicant to receive an (SP) zoning designation for properties prior to preparing and submitting Specific Plan documents. A. Subsequent to acceptance of any application for Conditional SP) Specific Plan zoning by the Planning Division, the City shall notice said zoning matters and conduct the necessary public hearings as provided in Chapters 17. 80 and 17. 92 of this title. B. At such time as Conditional (SP) Specific Plan is approved, the City Council shall determine the residential, commer- cial or industrial development intensity policy, as provided in Section 17. 99.070 of this chapter and it shall be placed on the City' s official zoning map. This zoning designation will remain Conditional until a Final Specific Plan is approved for the subject parcel( s). C. The applicant shall s Planning Division for Plan shall consist of and a general outline mental text material, this district. abmit a Draft Specific Plan to the review and comment. The Draft Specific sketch plans for the development plan describing the content of the supple- as provided in Section 17. 99.080, of 1. The applicant may request an informational meeting with the Planning Commission and/ or City Council to: a. Inform the Planning Commission and City Council of the general character, land use and impact of the proposed development. b. Allow the Planning Commission and City Council to indicate their concerns regarding the Specific Plan. c. Provide direction for the Specific Plan preparation before detailed studies and plans have been final- ized for submission of the Final Specific Plan. D. The applicant shall submit a Final Specific Plan to the Planning Division for review and comment. The Final Specific Plan shall consist of the information contained in the Draft Specific Plan and additional information, as provided in Section 17. 99.090 of this chapter. E. The City shall notice said Specific Plan and conduct necessary public hearings as provided in Chapters 17. 80 and 17. 92 of this Code. Upon approval of the Final Specific Plan, the Specific Plan (SP) zoning designation will be implemented thereby removing the Conditional status. Section 17. 99.060 Alternative B~ Nonconditional SP Specific Plan Zonina Procedure. The purpose of selecting the process for Non- conditional (SP) Specific Plan zoning is to receive concurrent approval of the Specific Plan documents and (SP) zoning designationcompletingtheSpecificPlanprocess. A. Subsequent to acceptance of any application for Noncondi- tional (SP) Specific Plan zoning by the Planning Division,the applicant shall submit a Draft Specific Plan to the Planning Division for review and comment. The Draft Speci-fic Plan shall consist of sketch plans for the development plan and a general outline describing the content of the supplemental text material, as provided in Section 17. 99.080,of this district. 1. The applicant may request an informational meeting with the Planning Commission and/ or City Council to: a. Inform the Planning Commission and City Council of the general character, land use and impact of the. proposed developments; b. Allow the Planning Commission and City Council to indicate their concerns regarding the Specific Plan. c. Provide direction for the Specific Plan preparation before detailed studies and plans have been final- ized for submission of the Final Specific Plan. B. The applicant will submit a Final Specific Plan to the Plan- ning Division for review and comment. The Final Specific Plan shall consist of the information contained in the Draft Specific Plan and additional information, as provided in Section 17. 99.090, of this district. C. The City shall notice said Final Specific Plan and related Nonconditional (SP) Specific Plan zoning and conduct the necessary public hearings as provided in Chapters 17. 80 and 17. 92 of this Code. Section 17. 99.070 Residential, Commercial or Industrial Develop- ment Intensitv Policv. A. The residential, commercial or industrial development inten- sity policy shall be established for each Specific Plan Zone concurrent with the approval of Specific Plan (SP) zoning or other applicable zoning district( s). The City Council shall determine the allowable development intensity for Specific Plan zones and shall designate said density on the official zoning map of the City and/ or as described in the text of the Zoning Code. Residential Specific Plan. A residential designation shall be made where residential uses within the SpecificPlanZonecombinetocompriseoverfiftypercent (50~)of the proposed land use within the Specific Plan Zone. Residential densities shall be noted on the official zoning map referencing the gross average density per acre permitted within the Specific Plan Zone. Commercial or Industrial Specific Plans. A commercial or industrial designation shall be made where commercial or industrial uses within the Specific Plan Zone combine to comprise over fifty percent (50%) of the proposed land use within the Specific Plan Zone. Commercial or indus- trial development intensities shall be noted on the official zoning map and/ or as described in the text of this title, referencing the lot coverage of the use per-mitted within the Specific Plan Zone. B. Development intensity for Specific Plan Zones shall be deter-mined by one (1) of two (2) processes described as follows: 1. Development intensity for Specific Plan Zones may be governed by the land use category designated in theCity' s General Plan, or in other City plans and policiesthatmaybeintheprocessofpreparation. The City may specify a Specific Plan Area designationintheCity' s General Plan. The City shall, at the timeofGeneralPlanadoptionorthroughtheamendmentpro- cess, designate the development intensity on the Gen- eral Plan Land Use Map or as described in the text of the General Plan. Development intensity for Specific Plan Areas shall generally be evaluated with reference to other similar Specific Plan developments or evaluation procedureswithintheCity, or in the case where other similar developments do not exist, with reference to othersimilardevelopmentsincomparablejurisdictions. Section 17. 99.080 Draft Specific Plan. The Draft Specific Planshalldescribetheintensityoflandusesproposedandtheirinter-relationship, and shall not be construed to endorse the precise loca-tion of uses, configuration of parcels, or engineering feasibility. The Draft Specific Plan shall be submitted to the Planning Division, and shall include the following information: A. A sketch plan of- the development plan for the entire Speci- fic Plan Area delineated on one or more maps showing: 1. Project land uses, densities, existing and proposed major streets, public use areas (schools, parks, fire stations, etc.), and open space and major landscape features; 2. General Plan, regional and subregional or community plan land use designations; 3. Slope analysis, utilizing categories provided by the Community Development Director. Included in the slope analysis is the number of acres in each slope category. B. A general outline of the supplemental text material describ- ing the general objectives/ concept; a tabulation of the land area to be devoted to various uses, including open spaces; a calculation of the overall density and the average densities per net residential acre of the various residential areas; and a summary of development standards for commercial or industrial uses when those uses are proposed. The supple- mental text material shall include development standards to be implemented as performance standards for the Specific Plan Area: 1. A statement proposing the method of maintaining common open areas and facilities; 2. A description of the proposed grading program; 3. Identification of proposed future ownership and main- tenance of streets, driveways, sidewalks, pedestrian ways and open space areas; 4. A brief discussion of the project as it relates to each of the General Plan Elements, including Land Use, Circu- lation, Environmental Resources Management, Noise, Hous- ing, Conservation, Energy and Community Design. If a community plan is adopted or pending that includes the project site, the relationship to that plan should also be briefly discussed. In addition, the relationship of the project with the growth management plan should be discussed. C. After review, the Community Development Director shall fur- nish the applicant with written comments regarding the review conference( s), including appropriate recommendations to inform and assist the applicant prior to preparing the Final Specific Plan. Section 17. 99.090 Final Specific Plan. The Final Specific Plan shall consist of the information contained in the Draft SpecificPlanandotheradditionalinformationasdeterminedbytheCommunityDevelopmentDirector, Planning Commission, City Council or Redevel- opment Agency. This additional information shall include all or a portion of the following: A. Survey of the property, showing existing features includingtrees, structures, streets, easements, utility lines, land uses, existing zoning, and existing ownership; B. Topo map showing areas of major grading; C. Proposed standards for height, open space, building inten- sity and public improvements; D. Copies of legal documents required for dedication or reser-vation of public or private open space, or for the creationofhomeownersassociationsforopenspacemaintenance. Section 17. 99.100 Criteria for Reviewing Specific Plans. Before recommending approval, the Planning Commission and City Council shall find that the proposed development conforms to the following. criteria: A. The location and design of the proposed development shall be consistent with the goals and policies of the City' s General Plan and with any other applicable plan or policies adoptedbytheCity, or in the process of being prepared and adopted. B. The proposed location shall allow the development to be well- integrated with or adequately buffered from its surroundings,whichever may be the case. C. All vehicular traffic generated by the development,. either in phased increments or at full build- out, is to be accommodated safely and without causing undue congestion upon adjoiningstreets. D. The Final Specific Plan shall identify a methodology( s) to allow land uses to be adequately serviced by existing or proposed public facilities and services. In appropriatecircumstances, and as provided elsewhere by City Code, the City may require that suitable areas be reserved for schools,parks and pedestrian ways; or public open spaces shall be dedicated or reserved by private covenant for the common use of residents, establishments or operations in the development. E. The overall design of the Specific Plan will produce an attractive, efficient and stable development. F. In accordance with the requirements of the California Envir- onmental Quality Act (CEQA), impacts have been reduced to a level of nonsignificance, or in the case where impacts remain,a statement of overriding considerations must be adopted to justify the merits of project implementation. Section 17. 99.110 Approval by Ordinance. Approval of the FinalSpecificPlanand/ or establishment of (SP) Specific Plan zoning shallbebyordinance. Approval of Zoning to the Specific Plan Zone shallincludebutnotbelimitedtothefollowingstipulations: A. Unless otherwise specified in the Final Specific Plan, the regulations provided in the City Zoning Code shall apply.Approval of the Specific Plan shall not be interpreted as waiving compliance with other provisions of the Lake Elsi- nore City Code, except in those areas where the SpecificPlanexpresslyregulatesause. B. The approved Final Specific Plan shall be filed in the officeoftheCityClerkandintheCityPlanningDivision. C. No building shall be constructed, maintained or used otherthanforthepurposespecifiedintheapprovedFinalSpecificPlanasrequiredhereinafter. Section 17. 99.120 Specific Plan Approval. Denial and Modifications. A. The Planning Commission may recommend to the City Council approval or denial of the Specific Plan, or may recommend approval subject to specified modifications and conditions. B. The City Council may approve, approve with modifications or conditions, or deny the Final Specific Plan, provided that,in overruling a Planning Commission recommendation for denial, the City council shall make the findings listed inSection17. 99.100 of this chapter. C. Minor changes to an approved Final Specific Plan may be madebytheCommunityDevelopmentDirector, provided that such changes are consistent with the purpose and character of theapprovedFinalSpecificPlan. D. Such minor changes shall not substantially deviate from thedensitiesestablishedintheapprovedFinalSpecificPlan, or the boundaries of the subject property, or any use as shown on the approved Final Specific Plan, or the locations or amounts of land devoted to specific land uses. All modi- fications or amendments to an approved Final Specific Plan, other than said minor changes, shall be processed as a Specific Plan Amendment and shall be subject to all Specific Plan procedures. Section 17. 99.130 Concurrent Actions. The Planning Commission and the City Council may act upon a subdivision map and site plan for all or portions of the Final Specific Plan concurrently with an approval action on the Final Specific Plan. Section 17. 99.140 Site Plan and Subdivision Map Review. A. .The purpose of a site plan is to provide the City with a detailed development plan that utilizes the development standards defined in the Specific Plan. The following cri- teria shall be applied to all portions of the Specific Plan requiring site plan review: 1. A topographic map of sufficient detail to show all cuts and fills, precise drainage and flood- control proposals, and boundary data; 2. Detailed site plan, showing lot or site dimensions; traffic and pedestrian circulation; location, widths, grades and types of improvements proposed for all streets, parking areas and driveways, walkways, trails, utilities and other public improvements; building height, location, size and proposed use; yards and space between buildings and distances from property lines and rights- of-way, walls and fences to include location, height and materials; location, size and height of all signs; and loading areas; 3. Building plans and elevations (typical); 4. A landscape, staking and irrigation plan; 5. A tentative subdivision map shall be submitted, if appli- cable, showing precise divisions of the land for the sale or lease of individual property, if any, as provided in the State Map Act and the City' s Subdivision Ordinance; 6. Location and dimensions of public and quasi- public areas, including but not limited to schools, parks, playgrounds and parking areas. The acreage of required open space and parks shall be based on the City Code in effect at the time of tentative map filing; 7. A statement setting forth a program for installation and continued maintenance of parking areas; location and gen- eral design of lighting, courts, public and private grounds, landscaping, streets, utilities, parks, play- grounds or public or quasi- public community buildings and facilities. B. Within forty- five (45) days following acceptance of the application for site plan approval, and after all environ- mental clearances have been obtained, the Planning Commission shall approve, conditionally approve or disapprove the pro- posed site plan and shall notify the applicant of its action. C. If the City Council does not review the application, as pro-vided by existing City policy, an appeal of the PlanningCommissionactionmaybemadetotheCityCouncilbythe applicant in accordance with the appeal procedure of this district. Section 17. 99.150 Site Plan Modifications. Modifications, other than those determined by the Community Development Director to be minor in nature, shall be processed as a site plan amendment and shall be subject to all site plan procedures. Section 17. 99.160 Dedication. Maintenance of Open S ace. A. The Planning Commission or City Council, as the appropriateresponsiblereviewingbodymay, as a condition of approval,require that suitable areas for parks be dedicated or in- lieufeesbepaidasdeterminedfortheentireSpecificPlanArea,and for schools and other public use facilities, land be reserved for public use, or be reserved for the owners andresidentsinthedevelopmentbydeedrestrictions. When- ever group or common open space is provided, whether requiredornot, the Planning Commission or City Council shall, as aconditionofapproval, upon review, require that some pro-vision be made for perpetual maintenance of such open space.The form of any instrument used to assure open- space main-tenance shall be approved by the City Attorney and CommunityDevelopmentDirectorastoformandcontent. Agreements andcovenantsrunningwiththelandshallincludeprovisionsforchargestobeleviedforcarryingoutthespecifiedfunctionsandadministrativeexpensesofsuchperpetualmaintenance.The City shall be a party in interest in any such developmentandmay, by mandatory injunction or other appropriate actions,enforce the provisions of this district. B. To assure that open space shall be available for the SpecificPlanZone, public sites and transfer of development rightswithintheSpecificPlanAreainexchangeforopenspaceshallbededicatedinadvanceofdevelopment (prior to issuance ofbuildingpermits) whenever such dedication is required, eveninthosecaseswhenasubdivisionmapisnotrequired. Otherdedicationsforstreet, utility and flood control rights- of-way and for easements and other public purposes may also berequiredbefore. the issuance of the first building permit. Section 17. 99.170 Tentative and Final Subdivision Map. A. A master subdivision map or parcel map, which purpose is to ~subdivide large parcels, may be prepared and submitted forapprovaltotheCitypriortoindividualsiteplanandtenta-tive map approval. A grading permit based on all or a portionofthismastersubdivisionmaporparcelmapmaybeissuedafterapprovalofsuchmastersubdivisionmaporparcelmap.Such grading permit may be issued prior to approval of indi-vidual site plans. B. A tentative subdivision map or parcel map, submitted in com-bination with or after approval of the site plan, shall notbeapprovedforrecordationbytheCityCouncilaftertheSpecificPlan (SP) zoning and an approved Final SpecificPlanhavebecomeeffective. C. No building permit shall be issued until a final subdivision map or parcel map, if required, has been prepared for thesiteplanoranyapprovedstatethereof, in compliance withtheStateMapActandtheCity~ s Subdivision Ordinance. Section 17. 99.180 Site Plan and Tentative Subdivision Mao Appeal.The applicant may appeal the action of the Planning Commission inwritingtotheCityCouncil. Such appeal shall be filed in dupli-cate with the Planning Division within ten (10 days after the deci-sion. The Community Development Director shall forward the duplicatecopyoftheappealtotheCityClerk. The City Council shall considertheappealataregularmeetingwithinthirty (30) calendar daysfollowingthereceiptbytheClerkoftheduplicatecopy, or withinsuchtimeastheCouncilshallcontinuethematter. The City Councilshallreviewthesiteplanandshallrecommendapproval, approval withconditions, or disapproval. ORDINANCE N0. 772 SEE SEPARATE BOOK FOR THIS ORDINANCE TITLE 17