HomeMy WebLinkAboutItem No. 31 Amends Title 16 and 17 LEMC Streamline Code ProvisionsCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 19-234
Agenda Date: 6/25/2019 Status: PassedVersion: 1
File Type: ReportIn Control: City Council / Successor Agency
Agenda Number: 31)
Amendments to Title 16 and Title 17 of the Lake Elsinore Municipal Code that Streamline Code
Provisions and Procedures
Adopt by title only and waive further reading of AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 16 AND TITLE 17 OF THE LAKE ELSINORE
MUNICIPAL CODE STREAMLINING CODE PROVISIONS AND PROCEDURES.
Page 1 City of Lake Elsinore Printed on 6/2/2023
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared by:Richard J. MacHott, Planning Manager
Date:June 25, 2019
Subject: Amendments to Title 16 and Title 17 of the Lake Elsinore Municipal Code
that Streamline Code Provisions and Procedures
Applicant:City-Initiated
Recommendation
Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 16 AND TITLE 17 OF THE
LAKE ELSINORE MUNICIPAL CODE STREAMLINING CODE PROVISIONS AND
PROCEDURES.
Background
The last complete revision of the City’s zoning ordinance,Lake Elsinore Municipal Code (LEMC)
Title 17 (Zoning), was adopted by the City Council in August 1986. Since that time, the zoning
ordinance has been amended numerous times in order to implement specific changes such as
adding new zoning classifications (e.g. Residential Mixed Use, Commercial Mixed Use and
Lakeshore Districts), adding provisions regarding specific types of uses (e.g. Wireless
Communication Facilities) and changes to specific provisions regarding permits (e.g. extensions
of time for Conditional Use Permits). However, there has not been a comprehensive review and
update of the entire zoning ordinance since 1986.
Title 17 currently includes 55 chapters covering zoning districts, development standards, and
permit requirements and procedures. Thirteen of these chapters include provisions describing
approval procedures and noticing requirements. Since amendments to these chapters have
typically only considered individual changes, there are a number of places where Title 17
describes different approval procedures for applications that are usually processed together.
The purpose of the proposed amendments to the Municipal Code is to streamline,update and
standardize development-related code provisions and procedures, and to implement changes in
California law.
The subject LEMC amendments are the first phase of a planned overall revision of LEMC Title
17. This planned phased revision of Title 17 includes an overall renumbering of the zoning
ordinance with the revised provisions grouped into one of four chapters:
Streamline Code Provisions and Procedures
June 25, 2019
Page 2
Chapter 17.100 Introductory Provisions
Chapter 17.200 Zone Regulations
Chapter 17.300 Development Standards
Chapter 17.400 Administration and Permits
The subject amendments to Title 17 fall under Chapter 17.400 and are numbered to not only fit
the new numbering system but to also fall at the end of the current chapter numbers; thereby
eliminated the need to renumber them in the future.
Planning Commission Action
On June 4, 2019, the Planning Commission conducted a duly noticed public hearing regarding
the proposed amendments to LEMC Title 16 and LEMC Title 17, accepted public oral and written
testimony,and by a unanimous (5-0)vote recommended City Council approval.
Discussion
Chapter 17.410 General Application Processing Procedures
This new chapter consolidates the application review process and noticing requirements and
identifies all the procedural language in one section. This contrasts with the current code
language where the process is described in the Chapter for each type of permit, thereby repeating
the same basic information multiple times. New provisions include:
a.Section 17.410.010 Planning Agency -Establishes the Planning Commission as the City’s
“Planning Agency” and also describes the planning-related duties of the City Council, the
Planning Commission, and the Community Development Director.
b.Section 17.410.030 Multiple Applications –Specifiesthat when a proposed project
requires more thanone permit and the permits have differentapproving authorities;all
project permits will be processed concurrently and final action shall be taken by the
highest-level designated approving authority. This change will eliminate reoccurrence of
past instances where different decision makers made the final decision for different
components of the same project. (For example, where the Planning Commission makes
the final decision regarding a Conditional Use Permitbut only a recommendation
regarding the associated Design Review. Thusthe City Council wasonly able to consider
the Design Review application. With this change, the City Council would be the approving
authority forboth applications.)
c.Section 17.410.040 Pre-Application Review -Formalizes the City’s existing Pre-
Application Review process.
d.Section 17.410.090 Record of Decision –Describes what constitutes the record of
decision for Planning-related decisions. This section also creates a requirement that all
Planning Commission actions regarding applications appear on the City Council’s agenda
in order for the City Council to “Receive and File” the Planning Commission actions. Per
Section 17.410.110 (F), the City Council can also, by majority vote, set the matter for
public hearing.
Streamline Code Provisions and Procedures
June 25, 2019
Page 3
Chapter 17.415 Permitting Requirements
This chapter combines most of the City’s permits into a single location. It includes the following
changes:
a.Section 17.415.020 General Plan Amendments –This is a new section regarding General
Plan Amendments.
b.Section 17.415.030 Specific Plans -The current SP District language in LEMC Section
17.204 describes two alternative specific plan processes (Alternative A –conditional
specific plan procedure and Alternative B –nonconditional specific plan procedure).
However, the City doesn’t actually use Alternative A (the procedure where property is
zoned SP without adoption of a specific plan). Therefore, the SP process has been
streamlined to only address the processing of actual SP applications.
c.Section 17.415.050 Major Design Review –The design review provisions have been
revised by moving the minor design review provisions into a different section.Standard
design review will now be called “Major Design Review” in order to distinguish it from
“Minor Design Review.”
d.Section 17.415.060 Minor Design Review -The minor design review provisions have been
moved into this section. In order to streamline the minor design process, the following
uses are proposed to be exempt from it, though still subject to staff review of the proposed
design:
1. The following uses when consistent with existing zoning:
a. Custom single-family dwelling on an existing lot.
b. Single duplex on an existing lot.
c. Additions to residential dwellings.
d. Accessory structures.
2. Repairs and maintenance site improvements or structures that do not add to,
enlarge, or expand the area occupied by the land use or the floor area of the
structure and do not significantly alter the appearance of site improvements or
structures.
3. Interior alterations that do not increase the gross floor area within the structure or
change/expand the permitted use of the structure.
4. Other structures and/or improvements that the Community Development Director
determines to be exempt from minor design review.
e.Section 17.415.090 Minor Exceptions –This is a new section to allow encroachment into
setbacks under specified circumstances. (Called “Setback Adjustment” by the County’s
zoning ordinance.) As an example, this process will allow the City to approve patio covers
in Canyon Hills Specific Plan, where the specific plan text does not specifically allow such
an encroachment into the rear yard. The maximum encroachment would be 50% of the
required setback.
Streamline Code Provisions and Procedures
June 25, 2019
Page 4
f.Section 17.415.110 Accessory Dwelling Units -The existing language regarding Second
Units (LEMC 17.56) will be replaced by a new section that implements Gov. Code Sections
65852.2 and 65852.22 regarding Accessory Dwelling Units
g.Section 17.415.140 –Wireless communication facilities -The wording regarding wireless
communication facilities reflects the language and different requirements that are in the
relatively recently adopted provisions regarding wireless communication facilities. The
only changes are that the cross-references havebeen revised to reflect the proposed
Chapter numbering and there one minor clean up correction.
h.Section 17.415.150 Reasonable Accommodations -There is a new section regarding
Reasonable Accommodations as required by the City’s Housing Element.
Chapter 17.204 SPD Specific Plan District:
Although the provisions for processing of a Specific Plan have been moved to the proposed
Chapter 17.415; Chapter 17.204 is needed to describe the SP Districtas a zoning classification.
The proposed revision of thischapter is therefore included in the proposed amendments.
Chapter 17.44 Residential Development Standards
Minor changes to Chapter 17.44 regarding residential development standards are proposed in
order tostrength the language that states that the design of custom homes (both conventional
and manufactured) will be reviewed. The changes also include a few minor changes that have
been made for wording consistency purposes.
Chapter 16.30 Common Interest Development Conversions
Provisions regarding condominiums and condominium conversions are currently found in LEMC
Chapter 17.88 and require approval of a conditional use permit. The proposed amendments
would eliminate the requirement for a conditional use permitand move Condominium
Conversions to LEMC Title 16 (Subdivisions) where they will berenamed“Common Interest
Development Conversions”. The requirement for compliance with the LEMC requirements for a
Planned Unit Development (PUD) will be retained for these types of project in order to preserve
the existing ability to review the design of proposed condominium projects.
Additional “Clean-Up” Revisions
The above proposed revisions will require that LEMC Title 17 (Zoning) be revised to change
existing cross-references to reflect the new numbering that ispart of the proposed revisions.
These “clean-up” revisions also standardize wording of repeated provisions that are found in
multiple zones, but currently have slightly different wording. Additionally, the conditional use
permit requirements for condominiums and condominium conversion and for large family day care
homes are being eliminated. These changes implement language contained in the above-
described amendments.
Environmental Determination
The proposed amendments to the Lake Elsinore Municipal Code are exempt from the California
Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq. “CEQA”) and the State CEQA
Streamline Code Provisions and Procedures
June 25, 2019
Page 5
Guidelines (14. Cal. Code Regs §§15000 et seq.), specifically pursuant to pursuant to Sections
15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines because it will not result
in a direct or reasonably foreseeable indirect physical change in the environment, because there
is no possibility that it may have a significant effect on the environment, and because it is not a
“project” as that term is defined in Section 15378 of the State CEQA Guidelines.
Exhibits:
A.LEMC Titles 16 & 17 Amendments-CCOrdinance
B.LEMC Titles 16 & 17 Amendments-CC Ordinance-Exhibit A -Chapter 17.410
C.LEMC Titles 16 & 17 Amendments-CC Ordinance-Exhibit B -Chapter 17.415
D.LEMC Titles 16 & 17 Amendments-CC Ordinance-Exhibit C -Chapter 17.204
E.LEMC Titles 16 & 17 Amendments-CC Ordinance-Exhibit D -Chapter17.44
F.LEMC Titles 16 & 17 Amendments-CC Ordinance-Exhibit E -Chapter 16.30
G.LEMC Titles 16 & 17 Amendments-CC Ordinance-Exhibit F -Clean-up amendments
ORDINANCENO. 2019-__
ANORDINANCEOFTHECITYCOUNCILOFTHECITYOFLAKEELSINORE,
CALIFORNIA,AMENDINGTITLE16ANDTITLE17OFTHELAKEELSINORE
MUNICIPALCODESTREAMLININGCODEPROVISIONSANDPROCEDURES
Whereas,the last complete revision of the City of Lake Elsinore zoning ordinance was adopted
by the City Council in 1986;and
Whereas,the zoning ordinance has been amended numerous times in order to implement specific
changes; there has not been a complete review and update of the entire zoning ordinance since
1986; and
Whereas,it is in the City of Lake Elsinore’s interest to eliminate procedural impediments to the
development of commercial, industrial and residential projects within the City of Lake Elsinore;
and
Whereas, the purpose of the proposed amendments to the Lake Elsinore Municipal Code (LEMC)
are to streamline and update development-related code provisions and procedures; and
Whereas,these amendments will also standardize procedures and will incorporate new provisions
that will implement changes in California law that have occurred in recent years; and
Whereas,on June 4, 2019, at a duly noticed public hearing the Planning Commission considered
evidence presented by the Community Development Department and other interested parties with
respect to this item, and adopted Planning Commission Resolution No. 2019-35recommending
that the City Council amend Title 16 and Title 17 of the Lake Elsinore Municipal Code to streamline
code provisions and procedures; and
Whereas,on June 25, 2019at a duly noticed public hearing, the City Council has considered the
recommendation of the Planning Commission,as well as evidence presented by the Community
Development Department and other interested parties with respect to this item.
NOW, THEREFORE,THE CITY COUNCILOF THE CITY OF LAKE ELSINORE DOES HEREBY
RESOLVE, DETERMINE AND ORDERAS FOLLOWS:
Section 1:The City Council has reviewed and analyzed the proposed amendments to the Lake
Elsinore Municipal Codeand finds and determines thatthe ordinance is in compliance with the
goals and policies of the City of Lake Elsinore General Plan,that the ordinance willnot be
detrimental to the public interest, health, safety, convenience, or general welfare of the city; and
that it is internallyconsistent with other applicable provisions of the Lake Elsinore Municipal Code.
Section 2:The City Council hereby finds and determines that the proposed amendments to the
Lake Elsinore Municipal Code are exempt from the California Environmental QualityAct (Cal.
Publ. Res. Code §§21000 et seq. “CEQA”) and the State CEQA Guidelines (14. Cal. Code Regs
§§15000 et seq.), specifically pursuant to pursuant to Sections 15060(c)(2), 15060(c)(3), and
15061(b)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably
foreseeable indirect physical change in the environment, because there is no possibility that it
may have a significant effect on the environment, and because it is not a “project” as that term is
defined in Section 15378 of the State CEQA Guidelines.
Ord. No. 2019-___
Page 2of 3
Section 3:Based upon the evidence presented, both written and testimonial and such other
matters as reflected in the record, and the above findings, the City Council hereby approves the
amendments to Title 16 and Title 17 of the Lake Elsinore Municipal Code attached hereto as
Exhibit A, Exhibit B, Exhibit C, Exhibit D, Exhibit E, and Exhibit F.
Section 4:Severability.IfanyprovisionofthisOrdinanceoritsapplicationisheldinvalid
bya courtofcompetentjurisdiction,suchinvalidityshallnotaffectotherprovisions,sections, or
applicationsoftheOrdinancewhichcanbegiveneffectwithouttheinvalidprovision or
application,andtothisendeachphrase,section,sentence,orwordisdeclaredtobe severable.
Section 5:Effective Date.ThisOrdinanceshallbecomeeffectiveat12:01a.m.onthe
thirty-first (31st)dayafterthedateofadoption.
Section 6:Certification. The City Clerk shall certify to the passage of this Ordinance and shall
cause a synopsis ofthe same to be published according to law.
Passed and Adopted on this _____dayof __________, 2019.
__________________
Steve Manos
Mayor
Attest:
Mark Mahan
Deputy CityClerk
STATEOF CALIFORNIA )
COUNTYOF RIVERSIDE ) ss.
CITYOF LAKE ELSINORE)
I,Mark Mahan,Deputy CityClerkoftheCityofLake Elsinore,doherebycertifythat theforegoing
OrdinanceNo. 2019-_____ wasintroduced at the Regular meeting of _________,2019, and
adopted bythe City CounciloftheCityofLake ElsinoreatitsRegularmeetingof ________,
2019,bythefollowingvote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IfurthercertifythatsaidSynopsiswaspublishedasrequiredbylawina newspaperofgeneral
circulationintheCityofLake Elsinore,Californiaonthe _____dayof __________,2019, and
onthe ______dayof _________,2019.
Ord. No. 2019-___
Page 3of 3
____________________________
Mark Mahan
Deputy City Clerk
Exhibit A
Page 1 of 8
Chapter 17.410
GENERAL APPLICATION PROCESSING PROCEDURES
Sections:
17.410.010 Planning Agency
17.410.020 Application submittal
17.410.030 Multiple applications
17.410.040 Pre-application review
17.410.050 Application review.
17.410.060 Public hearing forpermits and entitlements
17.410.070 Approving authority
17.410.080 Notice requirements
17.410.090 Record of Decision
17.410.100 Permit Issuance
17.410.110 Appeals
17.410.010 Planning Agency
California Government Code Section65100 requires each jurisdiction to establish a planning
agency to carry out the land use and planning functions of the jurisdiction. The City’s planning
agency shall be the Planning Commissionunless otherwise provided in this Chapter. The
designated planning agency shall perform all functions required by state law and this Chapter.
A. City Council. The City Council shall have the following land use responsibilities:
1. Appoint members of the Planning Commission pursuant to the provisions of Chapter
2.24 LEMC.
2. Hear and decide applications for land use matters as provided in LEMC17.410.070. In
the event that applications for other land use permits are requested in conjunction with
applications requiring City Council approval as providedin LEMC 17.410.070,the City
Council shall also be the decision-making body for project-related land use applications.
3. Hear and decide appeals of the decisions of the Planning Commissionas provided in
LEMC17.410.070.
4. Direct planning-related policy amendments and special studies as necessary or desired.
5. Exercise such other powers and duties as are prescribed by State law or local
ordinance.
B. Planning Commission. The Planning Commission shall have the following land use
responsibilities:
1. The Planning Commission shall have the power and duties set forth in LEMC 2.24.050.
2. Hear and make recommendations to the City Council on land use mattersas provided
in LEMC 17.410.070. In the event that applications for other land use permits are
requested in conjunction with applications requiring City Council approval as provide in
Exhibit A
Page 2 of 8
LEMC17.410.070, the Commission shall make recommendations to the City Council for
all of land use permits.
3. Hear and decide land use applicationsmatters as provided inLEMC 17.410.070.
4. Hear and decide appealsof the decisions of the Community Development Directoras
provided in LEMC 17.410.070.
5. Exercise such other powers and duties as are prescribed by State law,local ordinance
or as directed by the City Council.
C. Community Development Director. The Community Development Director or designee shall
have theresponsibility to administer and enforce the provisions of this title as follows:
1. Maintain the chaptersof this title, zoning map, and all records of zoning actions and
interpretations.
2. Advise the City Council, Planning Commission,and City Manager on planning matters.
3. Provide administrative services and staff for meetings of the Planning Commission.
4. Conduct administrative functions authorized by this title, including distribution and
receipt of permit applications and corresponding fees, application review and public
noticing, preparation of staff reports with recommendations, proposedfindings, and
proposed conditions of approval.
5. Provide information to the public and facilitate public participation on planning matters
and promote an understanding of the General Plan and the regulations related to it.
6. Direct planning-related policy amendments and special studies as necessary or desired.
7. Hear and decide applications for minor design review, large family day care permits,
minor exceptions extensions of time for land use permits and variancesas provided in this
title.
8. TheCommunity Development Director may refer any application described in this
Chapter to the Planning Commission when the Community Development Director
determines:
a. That the general public interest warrants such referral because the nature or
intensity of the project may cause impacts to surrounding areas or the general public;
b. The applicant is not in agreement with staff’s recommendations on the project;
c. Public input received on the project indicates a substantial level of community
concern;
d. The Planning Commission has requested to review the project;
e. As necessary in order to comply with the California Environmental Quality Act; or
Exhibit A
Page 3 of 8
f. As otherwise determined to be warranted by the Community Development Director.
9. Make certain decisions on land use permits and entitlements as identified in the LEMC.
10. Exercise such other powers and duties as are prescribed by State law, local ordinance
or as directed by the City Council and/or the City Manager.
17.410.020 Application Submittal
A. All applications for land use and development permits pertaining to this title shall be submitted
tothe Planning Division on aCity application formwith the requiredprocessing fees. In addition
to the completed application form, every application for a land use or a development permit shall
include those plans, maps and other information listed on the City application as necessary for
that type of permit.
B. Applications shall alsoinclude all other information and plans required bythe Community
Development Director as being necessary fordeterminingwhether an applicationshould be
approved, approved with modificationsor denied. The Community Development Director may
also waive the requirement for plans and drawingsfound to be unnecessary.
C. Applications that are not complete or that lack required fees, plans, maps and other listed
information will not be accepted for processing.
17.410.030 Multiple Applications
A. ConcurrentFiling. An applicant for a project which requires more than one permit(e.g.,
Conditional Use Permit and Design Review), shall file all relatedapplications concurrently,
together with all application fees, unless the concurrent filingrequirement has been waived by the
Community Development Director.
B. Concurrent Processing. When a proposed projectrequires more than one permit with more
than one approving authority, all project permits shall beprocessed concurrently and final action
shall be taken by the highest-level designated approving authority forall requested permitsin
accordance with this Chapter.
17.410.040 Pre-Application Review
A. Purpose. The purpose of a pre-application review is a one-timeoptional review process that
provides project applicants information on relevant policies, regulations and procedures, and
identifiessignificant issues relevant to a proposed project.
B. Request of Pre-ApplicationReview. Arequest for pre-application review may be submitted to
thePlanning Division on a City form. A pre-application reviewrequest should include plans, maps
and other information for which review is requested.
C. Exempt from Permit Streamlining Act. A request for pre-application review shall not be
considered a completed application pursuant to the requirements of the California Permit
Streamlining Act (Government Code Section65920 et seq.).
Exhibit A
Page 4 of 8
D. Review. The Planning Division shall conduct pre-application review and may consult with or
request review by any City department or official with interest in the application.
E. Recommendations are Advisory. The pre-application review andthe provisionof information,
pertinent policiesor recommendations are advisory only and shall not constitute or be construed
as an approval or denial of a land use or a development permitby the City.
17.410.050 Application review.
A. After acceptance of anapplicationfor a land use or a development permit, the Community
Development Director or designee will consult with other departments as appropriate to ensure
compliance with all provisions of the Lake Elsinore Municipal Code and other adopted policies
and plans.
B. The Community Development Director or designee will prepare a report to the designated
approving authority describing the project, along with a recommendation to approve, conditionally
approve, or deny theapplication.
17.410.060 Public hearing for permits and entitlements
Except where this title sets forth approval by the Community Development Director of specified
applications, apublic hearing shall be held by thedesignatedauthorityas established in LEMC
Section 17.410.070, and the Planning and Zoning Law (California Government Code, Sections
65000 through 66390).
17.410.070Approving Authority
The authority for considering land use and development permitsapplications is set forth in the
following table.
Table XXX
Designated Approval Authority 1
Application
Community
Development
Director
Planning
Commission2 City Council
Accessory dwelling units X3
Reasonable Accommodation X3
Minor exceptions X3
Large family day care X3
Temporary uses X3
Sign permit X3
Conditional Use Permit X
Condominiums and condominium
conversions X
Major design review X
Minor design review X3
Mobilehome park conversions X
Uniform sign program X
Variances X
Exhibit A
Page 5 of 8
General Plan and General Plan
amendment Recommendation4 X
Specific Plan and specific plan
amendments.Recommendation4 X
Zoning amendments: textual or map
changes Recommendation4 X
Tentative Maps 5 Recommendation4 X
Final Maps 5 X
Notes:
1. All listed actions are subject to appeal pursuant to LEMC 17.410.110.
2. The City Council shall receive and file a report of the Planning Commission’s action regardingan
application as provided herein unless the application is: (i) appealedpursuant to LEMC 17.410.110; or
(ii) the City Council determines to review the Planning Commission’s action pursuant to LEMC
17.410.110(F).
3. TheCommunity Development Director may elect to elevate review and approval to the Planning
Commission as provided in LEMC 17.410.010(C) (8).
4. Recommendations are not subject to appeal.
5. Processed pursuant to the provisions of LEMC Title 16 –Subdivisions.
17.410.080 Notice requirements
A public hearing on an application shall be in accordance with the California Government Code.
TheCity shall provide notice in compliance with the California Government Code and the
following.
A. Mailed Notice. At least 10 daysbefore the date of the public hearing or thedate of action when
no public hearing is required, the Community Development Director,or the City Clerk for hearings
before the City Council, shall provide notice byFirst Class mail delivery to:
1. The applicant and the owner of the subject property;
2. All property owners of record within a minimum 300-foot radius of the subjectproperty
as shown on the latest available recordsof the County Assessoror a larger radius if
deemed necessary by the Community Development Director to provide adequate public
notification;
3. All neighborhood and community organizations that have previously filed a written
request for notice of projects in the area where the site is located;
4. Any person or group who has filed a written request for notice regarding thespecific
application; and
5. Public departments, bureaus, or agencies which are determined by the Community
Development Director to be affected by the application or otherwise requiring notice.
Exhibit A
Page 6 of 8
B. Alternative Method for Large Mailings. If the number of owners to whomnotice would be mailed
or delivered is greater than 1,000, instead of mailednotice, the Community Development Director
or City Clerk may provide noticeby placing a display advertisement of at least one-eighth page in
at leastone newspaper of general circulation in the City at least 10 dayspriorto the hearing.
C. Newspaper Notice. At least 10 daysbefore the date of the public hearingor the date of action
when no public hearing is required or as otherwise required by CEQA, whichever is greater, the
Community Development Director, or the City Clerk for hearings before the City Council, shall
publish a noticein at least one newspaper of general circulation in the City.
D. Additional Noticing Methods. The City may also require public notice in any othermanner it
deems necessary or desirable, including, but not limited to, posted notice onthe project site.
E.Contents of Notice. The required Mailed Notice and Newspaper Notice shall includethe
following information:
1. The location of the real property, if any, that is the subject of the application;
2. A general description of the proposed project or action;
3. The date, time, location, and purpose of the public hearing or the date of action when
no public hearing is required;
4. The identity of the hearing body;
5. The proposed CEQA determination;
6. The names of the applicant and the owner of the property that is the subject of the
application;
7.The location and times at which the complete application and project file, including any
CEQA documentsprepared in connection with the application, may be viewed by the
public;
8. A statement that any interested person may appear and be heard;
9. A statement describing how to submit written comments; and
10. For City Council hearings, the Planning Commission recommendation.
F. Failure to Receive Notification. The validity of the proceedings shall not be affectedby the
failure of any property owner, resident, or neighborhood or community organizationto receive a
mailed notice or receive notice by any additional noticing methods.
17.410.090 Record of Decision
A. When making a decision to approve, approve with conditions, revise, revoke or deny any
discretionarypermit or approval under this title, the designated approving authorityshall issue a
written Record of Decision and make findings of fact as required by this title. The Record may
take the form of a resolution, letter, notice, memo, meeting minutes or similar document, and shall
Exhibit A
Page 7 of 8
describe the action taken, including any applicable conditions, and shall list the findings that were
the basis for the decision. The Community Development Director or the City Clerk shall retain the
original Record and provide a copy of the Record to the applicant.
B. A Notice of Decision regarding each Planning Commission action regarding applications shall
be filed by the Community Development Director or designee with the City Clerk, together with a
report of the proceedings after the decision. The City Clerk shall place the notice of the decision
on the next agenda of the City Council held five or more days after the Clerk receives the notice
from the Community Development Director or designee. The City Council shall receive and file a
report of the Planning Commission’s action unless the application is: (i) appealed pursuant to
LEMC 17.410.110; or (ii) the City Council determines to review the Planning Commission’s action
pursuant to LEMC 17.410.110(F).
17.410.110 Appeals
Any land use decision made in accordance with the provisions of this titleby anapproving
authority other than the City Council may be appealed to the next highest approving authority as
set forth inthe following table. Actions by the City Council are final and not subject to further
appealtothe City.
Table XXX
AppealAuthority
Action by this Authority:Shall be Appealed to Authority:
Planning Commission City Council
Community Development Director X
Planning Commission X
A. Allappealsshall be filed in writing to the Planning Divisionon a City appeal formwith the
requiredprocessing fees. The notice of appeal shall set forth: (i) the specific decision appealed
from;(ii)the grounds for the appeal; and(iii) the relief or action sought from the Planning
Commission or City Council.The filing of an appeal shall stay the issuance of subsequent
permit(s) (e.g., building permits).
B. In the event any notice of appeal fails to set forth any information set forth by this section, the
Community Development Director may, but is not required to, return the same to the appellant
with a statement of the manner in which it is deficient, and the appellant shall thereafter be allowed
five (5) days in which to refile the notice of appeal.
C. Notice of Appeal Filing Period.
1. Appeals to the Planning Commission. A Notice of Appeal of an action of the Community
Development Director shall be filed within fifteen (15) daysfollowing the date of the action
or decision for which an appeal is made.
2. Appeals to the City Council. ANotice of Appeal of a Planning Commission action for
which an appeal is made shall be filed within fifteen (15) daysafter the notice of the
Planning Commission decision appears on the City Council's agenda.
Exhibit A
Page 8 of 8
D. The appeal shall be promptly heard by the appropriate hearing body, provided that such appeal
shall be heard no later than sixty (60) days following the submittal of a complete appeal
application. The Community Development Directoror City Clerk shall give notice of the date, time,
and place of the hearing to the appellant, the applicant, and to any other party who has requested
in writing to be so notified. In addition, notice of hearing for the appeal shall be provided pursuant
to the noticing requirements of LEMC Section 17.410.080.
E. Appeal by a Planning Commissioner or City Council Member. Any member of the Planning
Commission or City Council who appeals a land use decision as an individual pursuant to this
section shall abstain from participating as a member of the hearing body, but may provide written
or oral testimony in the same manner as, and in the time provided for, other members of the
general public.
F. Review by the City Council.When notice of the Planning Commission’sdecision regarding an
application appears on the City Council's agenda, the City Council may, by majority vote,elect to
review and re-consider the Planning Commission’s decision. If the City Council makes such
determination, the matter will be set for public hearing and notice of the time and place of the
public hearing shall be given pursuant to LEMC 17.410.080.
G. Action by the Hearing Body.Upon hearing the appeal, the hearing body shall consider the
record and such additional evidence as may be offered, and may affirm, reverse, or modify, in
whole or in part, the order, requirements, decision, determination, interpretation, or ruling being
appealed, or may make or substitute such other or additional decision or determination as it may
find warranted under the provisions of this Code, the General Plan, or other City requirements or
standards. The hearing body is subject to all of the criteria and requirements for making findings
imposed upon the original approvingauthority, including the requirements tocomplete
environmental review.
Exhibit B
Page 1 of 41
Chapter17.415
PERMITTINGREQUIREMENTS
Sections:
17.415.010 Permit requirements and exemptions.
17.415.020 General Plan amendments.
17.415.030 Specificplans.
17.415.040 Zoningamendments.
17.415.050 Major design review.
17.415.060 Minor design review.
17.415.070 Conditionalusepermit.
17.415.080 Variances.
17.415.090 Minor exceptions.
17.415.100 Temporaryuses.
17.415.110 Accessory dwelling units.
17.415.120 Mobilehomeparkconversions.
17.415.130 Residentialcarefacilities.
17.415.140 Wireless communication facilities
17.415.150 Reasonable accommodation.
17.415.010Permit requirements and exemptions.
Planning and zoning-related permits and actions required and regulated by the City are listed in
this Chapter 17.415. See LEMC Chapter 17.410, General Application Processing Procedures, for
general application submittal, review, noticing/hearing, and appealprovisions. Provisions for
tentative parcel maps and tentative subdivision maps are set forthin LEMC Title 16.
17.415.020 GeneralPlanamendments.
A. Purpose. The purpose of a General Plan amendment is to allow for modifications to the General
Plan text (e.g., goals, policies, or implementation programs) or to change the General Plan land
use designation on any parcel(s). This section is consistent with Government Code Section 65358
and applies to the original land use designation of property authorized by LAFCO for annexation
in the City boundaries.
B. Initiation of Amendment. A General Plan amendment may be initiated by motion of the City
Council, by application by property owner(s) of parcel(s) to be affected by General Plan
amendment, or by recommendation of the Community DevelopmentDirector to clarify text,
address changes mandated by State law, maintain internal General Plan consistency, address
boundary adjustments affecting land use designation(s), or for any other reason beneficial to the
City.
C. Application requirements. Applications for aGeneral Plan amendmentshall be prepared, filed,
and processed in compliance with LEMC Chapter 17.410.
D. Procedures. Applications for a General Planamendment shall be reviewed and processed in
compliance with LEMC Chapter 17.410.
Exhibit B
Page 2 of 41
E. Approving Authority. The designated approving authority for General Plan amendments is the
City Council. The Community Development Director and Planning Commission provide
recommendations and the City Council approves, conditionally approves, or denies the General
Plan amendment in accordance with the requirements of this title.
F. Frequency of Amendment. Pursuant to Government CodeSection 65358, no mandatory
element of the General Plan may be amended more frequently thanfour (4) times during any
calendar year. Subject to that limitation, an amendment may be made at any time and may include
more than one change to the General Plan.
G. Findings for General Plan Amendment. In the event that a General Plan amendment is
requested by a private property owner, the applicant shall demonstrate to the City Council that
there is a substantial benefit to be derived from the amendment.
17.415.030 Specific Plans
A. Purpose. The purpose of this section is to provide a process forpreparing, processing,
reviewing, adopting, and amending specific plans in compliance with Government Code Sections
65450 through 65457. The purpose of this section includes the following:
1. To encourage the planned development of parcels and to permit comprehensive site
planning and building design;
2. To provide a more flexible regulatory procedure by which the basic public purpose of
the City of Lake Elsinore General Plan and the zoning code may be accomplished;
3. 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;
4. To enhance the appearance and livability of the community through encouragement of
creative approaches to the use of land and the design of facilities;
5. To promote and create public and private open space as an integral part of land
development design;
6. To reduce, when appropriate, the amounts of public and private improvements normally
required by developments;
7. To maximize choice in types of environments available in the City;
8. 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.
B. Initiation. A specific plan may be initiated by motion of the Planning Commission or City Council,
by application by property owner(s) of all parcel(s) to be affected by the specific plan, or by
recommendation of the Community Development Director.
C. Applications requirements. Applications for a specific plan or an amendment to an adopted
specific plan shall be prepared, filed, and processed in compliance with LEMC Chapter 17.410.
Exhibit B
Page 3 of 41
D. Required concurrent applications. Applications for a zoning amendment and for a general plan
amendment shall be submitted and processed concurrently with applications for new specific
plans and for specific plan amendments that change the boundaries of previously adopted specific
plans.
E. Content. A specific plan shall include, but is not limited to, text and diagram(s) that specify all
of the following in detail:
1. The distribution, location and extent of individual land uses, including open space, within
the area covered by the plan.
2. The proposed distribution, location, extent and intensity of major components of public
and private transportation, sewage, water, drainage, solid waste disposal, energy, parks
and other essential facilities proposed to be located within the area covered by the plan
and needed to support the land uses described in the plan.
3. Land use and development standards that, at a minimum, address land use, density,
height, setbacks, landscaping, and parking;
4. Standards that addressthe conservation, development and utilization of natural
resources, where applicable;
5. A program of implementation measures, including regulations, programs, public works
projects, financing measures and a statement of consistency with any existing
master/capital improvement plan necessary to carry out paragraphs 1, 2 and 3 listed
above;
6. A statement of relationship of the specific plan to the General Plan, including a
statement of how the specific plan implements the goals and policies of the General Plan;
and
7. Any other subjects that, in the judgment of the Community Development Director,
Planning Commission or City Council, are necessary or desirable for implementation of
the General Plan.
F. Procedures. Applications for a specific plan and concurrent applications shall be reviewed and
processed in compliance with LEMC Chapter 17.410.
G. Approving authority. The designated approving authority for specific plans is the City Council.
The Community Development Director and Planning Commission provide recommendations and
the City Council approves, conditionally approves, or denies the specific plan in accordance with
the requirements of this section.
H. Approval by ordinance. Approval of specific plans shall be by ordinance.
I. Findings. Specific plans and any amendment thereto shall be approved/adopted only when the
City Council makes the following findings as applicable:
Exhibit B
Page 4 of 41
1. The location and design of the proposed development are consistent with the goals and
policies of the City’s General Plan and with any other applicable plan or policies adopted
by the City.
2. The proposed location allows the development to be well integrated with or adequately
buffered from its surroundings, whichever may be the case.
3. All vehicular traffic generated by the development, either in phased increments or at full
build-out, is accommodated safely and without causing undue congestion upon adjoining
streets.
4. The specific plan identifies methodology(ies) to allow land uses to be adequately
serviced by existingor proposed public facilities and services. In appropriate
circumstances, the City has required 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 commonuse of residents, establishments or operations in the
development.
5. The overall design of the specific plan will produce an attractive, efficient and stable
development.
6. In accordance with the requirements of the California Environmental Quality Act
(CEQA), impacts have been reduced to a level of non-significance, or in the case where
impacts remain, a statement of overriding considerations has been adopted to justify the
merits of project implementation.
J. Final specific plan. The approved final specific plan shall be filed in the office of the City Clerk
and in the City Planning Division.
K. Amendment. A specific plan may be amended as necessary, under the same procedures as
adoption of a specific plan.
17.415.040 Zoning amendments
A. Generally. Thistitlemaybeamendedbychangingtheboundariesofdistricts,orbychanging
anyotherprovisionthereofwheneverthepublicnecessityandconvenienceandthegeneral
welfarerequiresuchamendmentbyfollowingtheprocedureofthischapter.
B. Initiation. Anamendmentmaybeinitiatedbytheverifiedpetitionofoneormoreproperty
ownersaffectedbytheproposedamendment,bymotion of theCityCouncil, or by the
recommendation of the Community Development Director to clarify text, address changes
mandated by State law, maintain General Plan consistency, address boundary adjustments
affecting land use designation(s), or for any reason beneficial to the City.
C. Application requirements. Applications for a zoningamendment shall be prepared, filed, and
processed in compliance with LEMC Chapter 17.410.
D. Procedures. Applications for a zoning amendmentshall be reviewed and processed in
compliance with LEMC Chapter 17.410.
Exhibit B
Page 5 of 41
E. Approving Authority. The designated approving authority for zoning amendments is the City
Council. The Community Development Director and Planning Commission provide
recommendations and the City Council approves or denies the zoning amendment in accordance
with the requirements of this title.
F.Findings: Zoningamendmentsshall be approved/adopted only when the City Council makes
the following findings:
1.Theproposedamendmentwillnotbe(1)detrimentaltothehealth,safety,comfort,or
generalwelfareofthepersonsresidingorworkingwithintheneighborhoodoftheproposed
amendmentorwithintheCity,(2)injurioustopropertyorimprovementsintheneighborhood
orwithintheCity.
2.TheproposedamendmentwillbeconsistentwiththelatestGeneralPlan.
G. City Council referral.Anysignificantmodificationofa proposed zoning amendmentby the City
Council,notpreviouslyconsideredbythePlanningCommissionduringitshearing,mayhe,but
isnotrequiredtobe,referredtothePlanningCommissionforreportandrecommendation.
17.415.050Major Design review.
A. Purpose. TheCityofLakeElsinorehasdeemedaqualityphysicalenvironmentasbeing
necessaryfortheprotectionofthepublic’shealth,safetyandwelfareandhasthereforeenacted
thissection inordertoestablishamajor designreviewprocessfordevelopmentproposalsand
designconceptsinordertoensurethatnewdevelopment,occursinamannerwhichenhances
thecharacterandqualityofsurroundingpropertiesandthatthescale,specialrelationshipsand
architecturaltreatmentofstructuresincludingmaterials,colors,anddesign,visuallycontributeto
theareaandenvironmentinwhichtheyarelocated.Thedesignreviewprocessisalsointended
toapplytotheancillaryelementsofprojectssuchassignsandlandscapinginordertoensure
thattheoveralldevelopmentmaintainsthesameintegrityofdesignasapprovedfortheprimary
structure(s).
B. Design review required. Nobuildingpermitshallbeissuedfor,andnopersonshallcommence
touse,anystructure,includingsigns,untilthatstructureanditsaccompanyingdevelopmenthas
receiveddesignreviewapprovalpursuanttotheprovisionsofthissection.
C. Exemptions. The following structures and improvements are exempt from major design review.
1. Projects subject to minor design review pursuant to LEMC Section 17.415.060.
2. Projects exempt from minor design review pursuant to LEMC Section 17.415.060.
D. Application requirements. Applications for a Major Design Reviewshall be prepared, filed, and
processed in compliance with LEMC Chapter 17.410.
E. Approving Authority. The Planning Commission may approve a major design review as the
project was submitted or in a modified form,or the application may be denied. A major design
review may be approved subject to such conditions as the Commission may prescribe.
Exhibit B
Page 6 of 41
1. Conditions may relate to, but are not limited to, site design, including relationship to
surrounding uses, functions of buildings or portions of site, setback, 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; landscaping, including location and general nature; signs
including location, size, design, and height;lighting; walls and fences, including location,
height, and materials; project grading; and project phasing.
F. Scope of design review. Inordertoachievethepurposeofthissection,thefollowingdesign
conceptsshallbeparamountintheconsiderationofanydesignreviewapproval:
1.Thescaleandspatialrelationshipofallstructuresshouldbeappropriatetothesiteand
tosurroundingdevelopments.Structuresshouldbelocatedontheirlotssoastocreate
interestandvaryingvistasasapersonmovesalongthestreet.
2.Thedesignconceptshouldcomplementthequalityofexistingdevelopmentandcreatea
visuallypleasing,non-detractiverelationshipbetweentheproposedandexistingprojects.
Garishcolorsatsubstantialdeviancetotherestoftheneighborhood.
3.Exteriormaterialsshouldevidenceaconcernforqualityandoriginality.Theuseofa
particularmaterialshould,asarule,exemplifythespecialcharacteristicsoftheproductor
bedemonstrativeofitsuniqueapplication.Tilt-uppanelsemployingformeddesignorwith
exposedaggregateispreferabletosmooth-surfaceorpaintedpanels.Similarly,metalas
anenhancementmaterialisacceptablewhileplainmetalbuildingsarenot.Paint,ingeneral,
shouldbeconsideredanenhancementtoolbutshouldnotbeconsideredareplacementfor
theuseoftexturedsurfaces.
4.Visibleelectrical,mechanicalandspecialprocessingequipmentsuchasventstacksas
wellassimilarfeaturesshouldbeavoided;however,ifessentialshouldbescreenedand
such screeningshouldbeanintegralaspectoftheprojectdesign.
5.Thedesignofaccessorystructures,fences,andwallsshouldbeharmoniouswiththe
designoftheprincipalstructuresandshouldemploycompatiblebuildingmaterials.
6.Projectsshoulddemonstratearespectforaneighboringproperty’sprivacy,quiet,
function,orviews,andelementsofthedesignincluding,butnotlimitedto,openings,docks,
andequipmentplacementshouldnotbelocatedinsuchawayastocreateanuisancefor
anadjoiningproperty.
7.Theprojectshouldbedesignedinsuchawaythatitscirculationpatternsandparking
areasareefficient,anddonotimpacttrafficonadjoiningrights-of-way.Adequateon-site
parkingshouldbeprovidedandintrinsicmaneuveringsuchasfortrucksandfordrive-
throughfacilitiesshouldbecontainedentirelyonsite.
8.Landscapingshouldbeevenlydividedoverthesiteandbevisuallyattractiveregardless
oftheseason.Inadditiontoitsaestheticattributes,landscapingshouldbeavailableto
screenparkingandstorageareasandtoshadeparkinglots.
Exhibit B
Page 7 of 41
9.Theprojectshoulddemonstrateconcernforsolarorientationandotherformsofenergy
conservation.Deepeaves,overhangs,canopies,andotherfeaturesthatprovideshelterand
shadeshouldbeapparentinthedesign.
10.Theprojectshouldbeharmoniouswiththetopographyofthesiteinordertominimize
therequirementforgradingandtheassociateddisruptionoftheCity’sscenicamenities.
11.Thesizeandscaleofsignsshouldbeharmoniouswiththeoveralldesignconceptofthe
projectandmaterialsandcolorsshouldreflectthoseusedfortheprincipalstructures.Signs
shouldenhance,notdominateordistractfromtheappearanceoftheproject.
G. Findings. ThePlanning Commissionshall make the following findings before major design
review approval:
1.Theproject,asapproved,willcomplywiththegoalsandobjectivesoftheGeneralPlan
andthezoningdistrictinwhichtheprojectislocated.
2.Theprojectcomplieswiththedesigndirectivescontainedinparagraph Fof LEMC
17.415.050 andallotherapplicableprovisionsoftheMunicipalCode.
3.Conditionsandsafeguardspursuanttoparagraph Eof LEMC17.415.050,including
guaranteesandevidenceofcompliancewithconditions,havebeenincorporatedintothe
approvalofthesubjectprojecttoensuredevelopmentofthepropertyinaccordancewith
theobjectivesofthischapterandtheplanningdistrictinwhichthesiteislocated.
H. Effective date of design review approval. ThedecisionofthePlanning Commissionshallbe
finalunlessthe item has been requested to be reviewed by the City Council orawrittenappeal
of the action isfiledpursuanttotheprovisionsset forth in section 17.410.110 LEMC.
I. Lapse of design review approval and time extensions.
2. Notwithstandingconditionstothecontrary,adesignreviewgrantedpursuanttothis
section shallrunwiththelandforthistwo-yearperiod,subjecttoanyapprovedextensions,
andshallcontinuetobevaliduponachangeofownershipofthesitethat wasthesubject
ofthedesignreviewapplication.
J. Modification of design review approval. Anyalterationorexpansionofaprojectforwhichthere
hasbeenadesignreviewapprovalaswellasallapplicationsformodificationorotherchangein
theconditionsofapprovalofadesignreviewshallbereviewedaccordingtotheprovisionsofthis
section inasimilarmannerasanewapplication.
K. Reapplication. Followingthe denial of a design review application or the revocation of a design
review approval, no application for a design review for the same or substantially the same design
concept on the same or substantially the same site shall befiled within one year from the date of
denial or revocation of the design review.
L. Occupancy. Nooccupancywhichhasreceivedadesignreviewapprovalshallbeoccupiedor
usedinanymannerorreceiveacertificateofoccupancyuntiltheCommunityDevelopment
Director hasdeterminedthatallconditionsofapprovalhavebeencompliedwith.
Exhibit B
Page 8 of 41
17.415.060Minor design review.
A. Purpose. The purpose of the Minor Design Review process is to establish a streamlined
permitting process for minordevelopment proposals and design concepts and for the alteration
of existing development.
B. Minor design review is required for the following:
1.Detached single-family dwelling on existing lot(s) involving a total of two to four units.
2. Attached multiple-family dwellingsnot involving more than a total of four units.
3. Additionstocommercialandindustrialstructuresortheconstructionofaccessory
structures.
4.Alterationstoexistingstructureswhichdosubstantiallychangetheappearanceofthe
structureeventhoughthefloorareamaynotbeaffected(i.e.,changesintheshapeor
exteriormaterials).
5.Reconstructionofcommercialorindustrialstructureswhichhavebeendestroyedor
substantiallydamagedprovidedsuch structureswerelegallyinexistenceandsuch
reconstructionreturnsthestructuretoitsoriginalsizeandappearance.
6.Signspermits pursuanttoChapter17.196LEMC.
7. Wireless communication facility for collocation of new equipment on an eligible support
structure or modification of an eligible support structureas required by paragraph D(1)of
LEMC 17.415.140.
8. Wireless communication facility for any new wireless communications facility that is not
a collocation or modification of an existing tower or base stationas required by paragraph
D(2)of LEMC 17.415.140.
C. Exemptions. The following structures and improvements are exempt from review pursuant to
this Section. However, such structures may require additional permits, such as building permits
and review for compliance with the development standards set forth in LEMC Chapter 17.44 and
LEMC Chapter 17.112, in order to assure compliance with allapplicable LEMC provisions.
1. The following uses when consistent with existing zoning:
a. Custom single-family dwelling on an existing lot.
b. Single duplex on an existing lot.
c. Additions to residential dwellings.
d. Accessory structures.
Exhibit B
Page 9 of 41
2. Repairs and maintenance site improvements or structures that do not add to, enlarge,
or expand the area occupied by the land use or the floor area of the structure and do not
significantly alter the appearance of site improvements or structures.
3. Interior alterations that do not increase the gross floor area within the structure or
change/expand the permitted use of the structure.
4. Other structures and/or improvementsthat the Community Development Director
determinesto be exempt from minor design review.
The Community Development Director may elect to elevate review and approval of these
structures and improvements to the Planning Commission as provided in LEMC 17.410.010(C)
(8).
D. Application requirements. Applications for a Minor Design Reviewshall be prepared, filed, and
processed in compliance with LEMC Chapter 17.410.
E. Approving authority:
1. TheCommunityDevelopmentDirector shallbeempoweredtoapproveaMinor Design
Review astheprojectwassubmittedormayrequirechangesinthedesignormaydeny
theprojectandinstructtheBuildingDivisiontoissuenobuildingpermitsfortheproject.
a. The Community Development Director may elect to provide notice to contiguous
property owners prior to making a decision.
b. The Community Development Director may also elect to elevateany Minor Design
Review to the Planning Commission when, in the Director’s opinion, any of the
following may be applicable:
i. The project may significantly affect properties other than the applicant’s and
additional public notification and input is warranted.
ii. The project requires an environmental impact report or a negative declaration.
iii. The project may be generally controversial within the community.
iv.The project to proceed will need the benefit of a variance.
F.A minordesignreviewshall only be approved whenthefollowing findingscanbemade.
1. 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.
2. The project complies with the design directives containedin paragraph Fof LEMC
17.415.050and all other applicable provisions of the Municipal Code.
3. Conditions and safeguards, as may be deemed appropriate,pursuant toparagraph E
of LEMC17.415.050, including guarantees and evidence of compliance with conditions,
have been incorporated into the approval of the subject project to ensure development of
Exhibit B
Page 10 of 41
the property in accordance with the objectives ofthis sectionand the planning district in
which the site is located.
G. Appeals shall be made pursuant to the provisions of LEMC Section 17.410.110.
I. Effective date of minor design review approval. Thedecisionoftheapproving authority shallbe
finalunlessawrittenappealof the action isfiledpursuanttotheprovisionsset forth in section
17.410.110 LEMC.
H. Lapse of minor design review approval and time extensions.
1.Adesignreviewapprovalshalllapseandbecomevoidtwoyearsfollowingthedateon
whichthedesignreviewbecameeffective,unlessoneofthefollowing:
a. Priortotheexpirationoftwoyears,abuildingpermitrelatedtothedesignreviewis
issuedandconstructioncommencedanddiligentlypursuedtowardcompletion;or
b. Priortotheexpirationoftwoyears,theapplicanthasappliedforandhasbeen
grantedanextensionofthedesignreviewapprovalpursuanttothe following.
i. Theexpirationdateofanapproveddesignreviewmaybeextendedfornomore
thantwoyears.Thefirstextensionmaybegrantedforoneyearsubjecttothe
approvaloftheCommunityDevelopmentDirectorafterconsultationwithotherCity
departmentsifsuchdesignreviewcomplieswithcurrentlaws,standardsand
policies.The approval authority that approved the underlying minor design review
may grant a second one-year extension so long as the minor design review
complies with current laws, standards and policies.
ii.Applicationforextensionsoftimeshallbefiledpriortotheexpirationoftheminor
designreviewapprovalandaccompaniedbythe required processingfee.
2. Notwithstandingconditionstothecontrary,aminor designreviewgrantedpursuantto
thissection shallrunwiththelandforthistwo-yearperiod,subjecttoanyapproved
extensions,andshallcontinuetobevaliduponachangeofownershipofthesitethat was
thesubjectofthedesignreviewapplication.
17.415.070Conditionalusepermit.
A.Purpose.Certainusesare desirable but may haveoperationalcharacteristicsthat
disproportionately impactadjoiningproperties,businesses,orresidents.Accordingly, such uses
requireamorecomprehensivereviewandapprovalprocedure,includingtheabilitytocondition
theprojectinordertomitigatesignificant impact.
B. Approving Authority: ThePlanningCommissionisempoweredtograntaconditionalusepermit
asthepermitwasappliedfororinmodifiedform,ortheapplicationmaybedenied.Aconditional
usepermitmaybegrantedsubjecttosuchconditionsastheCommissionmayprescribe.
1. Conditionsmayinclude,butarenotlimitedto,paymentoffees;requirementsforspecial
yards,openspaces,buffers,fencesandwalls;requiringinstallationandmaintenanceof
landscaping;streetdedicationsandgeneralinfrastructureimprovements;regulationsof
Exhibit B
Page 11 of 41
pointsofvehicularingressandegress;controloftrafficcirculation;regulationofsigns;
regulationsofhoursofoperationandmethodsofoperation;limitationsonattendance;
controlofpotentialnuisances;prescribingstandardsofmaintenanceofbuildingsand
grounds;phasing;developmentstandards;andsuchotherconditionsastheCommission
maydeemnecessarytoensurecompatibilityoftheusewithsurroundingdevelopment
andpreservethepublichealth,safetyandwelfare.
C.Findings.TheCommissionshallmakethefollowingfindingsbeforegrantingaconditionaluse
permit:
1.ThattheproposeduseisinaccordwiththeobjectivesoftheGeneralPlanandthe
purposeoftheplanningdistrictinwhichthesiteislocated.
2. Thattheproposedusewillnotbedetrimentaltothegeneralhealth,safety,comfort,or
generalwelfareofpersonsresidingorworkingwithintheneighborhoodoftheproposed
useortheCity,orinjurioustopropertyorimprovementsintheneighborhoodortheCity.
3. Thatthesiteisadequateinsizeandshapetoaccommodatetheuse,andforallthe
yards,setbacks,wallsorfences,landscaping,buffersandotherfeaturesrequiredbythis
title.
4. Thatthesitefortheproposeduserelatestostreetsandhighwayswithproperdesign
bothastowidthandtypeofpavementtocarrythetypeandquantityoftrafficgenerated
bythesubjectuse.
5. Thatinapprovingthesubjectuseatthespecificlocation,therewillbenoadverseeffect
onabuttingpropertyorthepermittedandnormalusethereof.
6. Thatadequateconditionsandsafeguardspursuanttoparagraph B of LEMC 17.415.070
havebeenincorporatedintotheapprovaloftheconditionalusepermittoensurethatthe
usecontinuesinamannerenvisionedbythesefindingsforthetermoftheuse.
D.Lapseofconditionalusepermit. Aconditionalusepermitapprovalshalllapseandbecome
voidtwoyearsfollowingthedateonwhichtheconditionalusepermitbecameeffective,unless
oneofthefollowing:
1. Priortotheexpirationoftwoyears,abuildingpermitrelatedtotheconditionalusepermit
isissuedandconstructioncommencedanddiligentlypursuedtowardcompletion;or
2. Priortotheexpirationoftwoyears,theapplicanthasappliedforandhasbeengranted
anextensionoftheconditionalusepermitapprovalpursuanttothe following.
a. Theexpirationdateofanapprovedconditionalusepermitmaybeextendedforno
morethantwoyears.Thefirstextensionmaybegrantedforoneyearsubjecttothe
approvaloftheCommunityDevelopmentDirectorafterconsultationwithotherCity
departmentsifsuchconditionalusepermitcomplieswithcurrentlaws,standardsand
policies.
Exhibit B
Page 12 of 41
b. Theapproval authority that approved the underlying conditional use permit may
grant a secondone-yearextensionsolongastheconditionalusepermitcomplieswith
currentlaws,standardsandpolicies.
c. Applicationforextensionsoftimeshallbefiledpriortotheexpirationofthe
conditionalusepermitapprovalandshallbeaccompaniedbythe required processing
fee.
E.Preexistingconditionaluses.Aconditionaluselegallyestablishedpriortotheeffectivedateof
theordinancecodifiedinthischapter,orpriortotheeffectivedateofsubsequentamendmentsto
theregulationsofzoneboundaries,shallbepermittedtocontinue;provided,thatitisoperated
andmaintainedinaccordwiththeconditionsprescribedatthetimeofitsestablishmentandexcept
asprovidedinLEMC 17.415.070(G).Anyalterationorexpansionofapreexistingconditionaluse
shallbepermittedonlyuponthegrantingofausepermitasprescribedinthissection.
F.Modificationofconditionalusepermit.Anapplicationformodification,expansionorother
changeinaconditionalusepermitshallbereviewedaccordingtotheprovisionsofthischapter
inasimilarmannerasanewapplication.
G.Suspensionandrevocation.
1. AconditionalusepermitmaybesuspendedorrevokedbythePlanningCommission
pursuanttotheprovisionsofthissectiononanyofthefollowinggrounds:
a. Approvaloftheconditionalusepermitwasobtainedthroughmisrepresentationor
fraud.
b. Thattheuseisbeingconductedinviolationofthetermsandconditionsofthepermit
orinviolationofanyapplicablelicenses,permits,regulations,laws,orordinances.
c. Circumstancesunderwhichtheconditionalusepermitwasapprovedhavechanged
suchthattheusehasbecomedetrimentaltothepublichealth,safety,orwelfareor
themannerofoperationconstitutesoriscreatingapublicnuisance.Theprovisionsof
thischapterandtheapprovalofaconditionalusepermitpursuanttheretoshallnot
authorizethemaintenanceofanypublicnuisance.
d. Thattheuseforwhichthepermitwasgrantedhasceasedorhasbeensuspended
foroneyearormore.
2. Priortoanysuspension,revocationormodificationofaconditionalusepermit,the
PlanningCommissionshallholdapublichearing.Thehearingshallbeprecededbynotice
giveninthesamemanneraswasrequiredtobegivenforconsiderationofissuanceofthe
conditionalusepermit.
3. Atthepublichearing,thePlanningCommissionshallconsiderevidencefromall
interestedparties.If,baseduponthetestimonyandthefactspresentedorbyinvestigation,
thePlanningCommissionfindsthatanyoneofthegroundssetforthinsubparagraph (1)
ofthisparagraph exist,thePlanningCommissionmay:
Exhibit B
Page 13 of 41
a.Suspendtheconditionalusepermitsubjecttoreinstatementuponcompliancewith
specifiedconditions;
b.Revoketheconditionalusepermit;or
c.Modifytheconditionalusepermitbyrevisingorimposingadditionalconditions
aimedatcorrectingthegroundswhichwouldotherwisejustifyarevocation.
4. WithinfivedaysfollowingthedateofadecisionoftheCommissionsuspending,
revokingormodifyingaconditionalusepermit,theCommunityDevelopmentDirectoror
designeeshalltransmittotheapplicantandCityCouncilwrittennoticeofthedecision.
Thedecisionshallbecomefinal15calendardaysfromthedateofthedecisionunlessa
writtenappealoftheactionis filedpursuanttotheprovisionsset forth in section
17.410.110LEMC.
H.Reapplication.Followingthedenialofaconditionalusepermitapplicationortherevocationof
aconditionalusepermit,noapplicationforaconditionalusepermitforthesameorsubstantially
thesameconditionaluseonthesameorsubstantiallythesamesiteshallbefiledwithinoneyear
fromthedateofdenialorrevocationoftheconditionalusepermit.
I.Usepermittorunwiththeland.Subjecttotheprovisions ofparagraph G of LEMC 17.415.070,
aconditionalusepermitgrantedpursuanttotheprovisionsofthischaptershallrunwiththeland
andshallcontinuetobevaliduponachangeofownershipofthesiteorstructurewhichwasthe
subjectoftheconditionalusepermitapplication.
17.415.080Variances
A. Purpose. TheCityrealizesthatundercertaincircumstancesanapplicantwhileattemptingto
complywithprovisionsofthezoningordinanceasstrictlyinterpretedmay,becauseofcertain
physicalconditionsrelatedtothesite,suchassize,shape,dimensions,topography,orunique
setting,experiencepracticaldifficultiesand/orunnecessaryphysicalhardshipswhichare
inconsistentwiththeordinance’sintendedpurpose.Thissection,therefore,isintendedtoprovide
amechanismwherebytheapproving authority maygrantrelieffromtheapplicableprovisionsof
thiscode, where such relief pursuant to LEMC Section 17.415.090is not available.Theabilityto
grantvariancesshallnot,however,extendtouseregulationsortopublicsafetyregulations
becausesuchauthorityisprecludedbyotherlocalordinancesorStatelaw.Also,innocaseshall
costtotheapplicantofstrictorliteralcompliancewitharegulationbetheprimaryreasonfor
grantingofavariance.
B. Application requirements. Applications for a varianceshall be prepared, filed, and processed
in compliance with LEMC Chapter 17.410.
C. Approvingauthority. Variance requests shall be reviewed by the Planning Commission at a
public hearing noticed pursuant to Chapter 17.410LEMC.
D. Public hearing. Theapproving authority shallholdatleastonepublichearingoneach
applicationforavariance.ThehearingshallbesetandnoticegivenasprescribedinChapter
17.410 LEMC.Atthispublicbearing,theapproving authority shallreviewtheapplicationand
drawingssubmittedandshallreceivepertinentevidencefromthepublicconcerningtheproposed
Exhibit B
Page 14 of 41
deviationfromtheLEMC andthemannerinwhichitwillaffectthesubjectpropertyand
surroundingproperties.
E. Action of the Approving Authority. Theapproving authority maygrantavarianceasthepermit
wasappliedfororinmodifiedform,ortheapplicationmaybedenied.Avariancemaybegranted
subjecttosuchconditionsastheapproving authority mayprescribe.
1. Conditionsmayinclude,butarenotlimitedto,paymentofinfrastructurefees;
requirementsforspecialyards,openspaces,buffers,fencesandwalls;requiring
installationandmaintenanceoflandscaping;streetdedicationsandimprovements;
regulationofpointsofvehicularingressandegress;controloftrafficcirculation;regulation
ofsigns;regulationofmethodsofoperation;prescribingstandardsofmaintenanceof
buildingsandgrounds;phasing;othermorerestrictivedevelopmentstandards;andsuch
otherconditionsastheapproving authority maydeemnecessarytoensurecompatibility
oftheprojectwithsurroundingdevelopmentandtopreservethepublichealth,safetyand
welfare.
F. Findings. Theapproving authority shallmakethefollowingfindingsbeforegrantingavariance:
1.Thatadequateconditionsandsafeguardspursuanttoparagraph Eof LEMC 17.415.080
havebeenincorporatedintotheapprovalofthevariancetoensuredevelopmentofthe
propertyinaccordwiththeobjectivesoftheGeneralPlanandthepurposeoftheplanning
districtinwhichthesiteislocated.
2.Thattherearespecialcircumstances,pursuanttothepurposeofthissection,applicable
tothesubjectpropertywhichdoapplygenerallytootherpropertiesintheneighborhood,
and,therefore,grantingofthevarianceshallnotconstituteagrantofspecialprivilege
inconsistentwiththelimitationsuponotherpropertiesinthevicinityanddistrictinwhichthe
subjectpropertyislocated.
3.Thatinapprovingthevariance,anyreductionsauthorizedfromthestrictinterpretationof
thezoningordinancerepresentstheminimumdeviationfromthiscodenecessarytofulfill
thepurposeofthissection andenablereasonabledevelopmentoftheproperty.
4. Granting of the variance or minor exception will not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and zone district in which
such property is situated.
G. Effective date of the variance. Thedecisionoftheapproving authority shallbefinalunlessa
writtenappealisfiledpursuant to the provisions set forth in section 17.410.110 LEMC.
H. Lapse of varianceapproval and time extensions.
1.Avarianceapprovalshalllapseandbecomevoidtwoyearsfollowingthedateonwhich
thevariancebecameeffective,unlessoneofthefollowing:
a. Priortotheexpirationoftwoyears,abuildingpermitrelatedtothevarianceisissued
andconstructioncommencedanddiligentlypursuedtowardcompletion;or
Exhibit B
Page 15 of 41
b. Priortotheexpirationoftwoyears,theapplicanthasappliedforandhasbeen
grantedanextensionofthevarianceapprovalpursuanttothe following.
i. Theexpirationdateofanapprovedvariancemaybeextendedfornomorethan
twoyears.Thefirstextensionmaybegrantedforoneyearsubjecttotheapproval
oftheCommunityDevelopmentDirectorafterconsultationwithotherCity
departmentsifsuchvariancecomplieswithcurrentlaws,standardsandpolicies.
The approval authority that approved the underlying variancemay grant a second
one-year extension so long as the variancecomplies with current laws, standards
and policies.
ii.Applicationforextensionsoftimeshallbefiledpriortotheexpirationoftheinitial
varianceapprovalandaccompaniedbythe required processing fee.
I. Preexisting variance. Avariancelegallyestablishedpriortotheeffectivedateoftheordinance
codifiedinthissection,orpriortotheeffectivedateofsubsequentamendmentstotheregulations
orzoneboundaries,shallbepermittedtocontinue;provided,thatitismaintainedinaccordwith
theconditionsprescribedatthetimeofitsestablishment.Anyalterationorexpansionofaproject
forwhichapreexistingvariancewasapprovedshallcomplywithallcurrentCodeprovisionsand
regulations.
J. Modification of variance. Any alterationor expansion of a projectfor which a variance was
approved shall comply with all current Code provisions and regulations. An application for
modification or other change in the conditions of approval of a variance shall be reviewed
according to the provisions of this chapter in asimilar manner as a new application.
K. Suspension and revocation. Avariance,uponviolationofanyapplicableprovisionofthis
chapter,or,ifgrantedsubjecttoconditions,uponfailuretocomplywithconditions,shallbe
suspendedasfollows:
1. TheCommunity Development Director shallnotify,inwriting,theholderofthevariance
ofthe intentiontoholdahearingtoconsiderrevocationof the variance.Such noticeshall
bemadeatleast10dayspriortotheactualdateofthehearing.Atthehearing,the
approving authority shallconsiderevidencefromallinterestedpartiesandafter
deliberationifnotsatisfiedthattheregulation,generalprovision,orconditionisbeing
compliedwith,mayrevokethevarianceortakesuchactionasmaybenecessaryto
ensurecompliancewiththeregulation,generalprovisionorcondition.
2. Within five days following the date of a decision of the approving authorityrevoking a
variance, the Community Development Director or designeeshall transmit to the applicant
and City Council written notice of the decision. The decision shall become final 15 calendar
days fromthe dateof the decision unless a written appeal of the action is filed pursuant to
the provisions set forth in section 17.410.110 LEMC.
L. Reapplication. Followingthedenialofavarianceapplicationortherevocationofavariance,no
applicationforavarianceforthesameorsubstantiallythesameissueonthesameorsubstantially
thesamesiteshallbefiledwithinoneyearfromthedateofdenialorrevocationofthevariance.
M. Variance to run with the land. Notwithstandingconditionstothecontrary,avariancegranted
pursuanttotheprovisionsofthissectionshallrunwiththelandandshallcontinuetobevalid
Exhibit B
Page 16 of 41
uponachangeofownershipofthesiteorstructurewhichwasthesubjectofthevariance
application.
17.415.090Minor exceptions.
A. Purpose. The City realizes that under certain circumstances an applicant while attempting to
comply with provisions of the zoning ordinance as strictly interpreted may, because of certain
physical conditions related to the site, such as size, shape, dimensions, topography, or unique
setting, experience practical difficulties and/or unnecessary physical hardships which are
inconsistent with the ordinance’s intended purpose. The approvingauthority may grant a minor
exception from any property development standard (including setbacks, heights, parking
requirements, and other numerical standards) in this chapter, subject to the procedures set forth
in this section. The following deviations from code requirements may be processed as minor
exceptions:
1. Minor exception for up to ten (10) percent of standard. Any deviation of a numerical
standard contained in this titleof ten (10) percent or less of the maximum or minimum
standard may be granted, except as otherwise provided in this section.
2. Fence height minor exception. Excepting within any front yard setback area, the
maximum height of any fence, wall, hedge, or equivalent screening may be increased by
a maximum of twenty (20) percent, where topography or a difference in grade between
abutting sites warrants such increase in height to maintain a level of privacy, or to maintain
effectiveness of screening, or to provide additional security when warranted, provided that
the increased height does not encroach into the vehicle sight distance or otherwise impede
visibility of motorists.
3. Setback minor exceptions.
a.Primary and accessory structures. The required side or rear yard setback may be
decreased by not more than fifteen (15) percent where the proposed setback area or
yard is in character with the surrounding neighborhood and is not required as an
essential open space or recreational amenity to the use of the site, and where such
decrease will not adversely affect adjacent properties.
b. Porches. Open or covered porchesand patio covers or like structuresthat extend
into the required front or rear yard setback up to six (6) feet and ten (10) feet,
respectively, subject to a maximum encroachment of fifty percent (50%) of the required
setback, where such encroachment willnot adversely affect adjacent properties.
4. On-site parking minor exception. A maximum of fifteen (15) percent in the reduction of
on-site parking spaces may be granted to allow use of parking off-site or through a joint
parking agreement, provided thatthe reduction will not result in an adverse impact on
parking availability or traffic congestion.
B. Application requirements. Applications for a minor exemptionshall be prepared, filed, and
processed in compliance with LEMC Chapter 17.410.
Exhibit B
Page 17 of 41
C. Approvingauthority. The Community DevelopmentDirector or designee shall be the approving
authority for minor exceptions, with notice given to contiguous property owners prior to the
decision date.
17.415.100 Temporaryuses
A. Purpose. Thissection isintendedtoprovidefortheregulationandcontroloftemporaryuses
thatoccuronprivatepropertyandpublicpropertywithavalidlicensingagreementwiththeCity,
whicharenototherwisepermittedorregulatedbythistitle,inordertoprotectthepublichealth,
safetyandgeneralwelfare.
B. Definitions. Forthepurposeofthissection,certaintermsusedhereinaredefinedasfollows:
1. “Temporaryuse”meansausewhichislimitedintimeandextentandnotinvolving
permanentconstructionorsubstantialimprovementsorsignificantalterationoftheland.
Atemporaryuseisnotaspecialevent/temporaryoutdooractivity(anyassembly,
congregation,attraction,display,entertainment,demonstration,carnival,bazaar,circus,
rodeo,orothertravelingshow,fair,festival,foodfair,cook-off,danceconcertor
performance,oranyotherplannedoccurrencethatmayattractalargenumberofpeople
orwhichmayotherwisebecomeahazardtothepublicpeace,health,safetyorgeneral
welfare);orastreetevent(whichincludesparades,processions,assemblagesandother
events,includingbutnotlimitedtorunningroadraces,bike-a-thons,triathlons,andother
suchusesofthepublicstreets,highways,thoroughfares,rights-of-wayandotherpublic
propertywhicharealsoutilizedbymotorvehicles,andmayconstituteatraffichazardand
athreattothepublicsafety);whichareregulatedunderChapter5.108LEMC,Special
Events.
C. Categories. Thefollowingcategoriesofpermitsmaybegrantedsubjecttotheapprovalsset
forthhereinfollowingsubmittal of an applicationin compliance with LEMC Section 17.410.020
andprovidedcomplianceisdemonstratedwiththestandardsandprovisionsofthissection.
1.Short-TermTemporaryUsePermit.Short-termtemporaryusesaresubjecttothe
followingrestrictions:
Numberofpeopleexpectedto
attendtheoccurrenceatanyone
giventime
Lessthan100(ifmorethan100peopleexpected
atonetime,thiswouldbeconsideredaspecial
eventwhichisgovernedbyChapter5.108LEMC)
Duration Amaximumof3consecutivedays
Frequencyofoccurrencesperyear Short-termtemporaryusepermitsshallnotbe
grantedforoccurrencesheldmorefrequentlythan
6timesayear
Restrictionwithrespecttothe
amount of time between
occurrences
Therewillbenorestrictionswithrespecttothe
amountoftimerequiredbetweenoccurrences
Approvingbody CommunityDevelopmentDirector
Amount of time required for
submittalofanapplicationfor
reviewpriortotheoccurrence
Mustbesubmittedaminimumof3weekspriorto
theoccurrence
Exhibit B
Page 18 of 41
Restrictionsregardingthestatusof
theproperty
Mustbeconductedonprivatepropertyoron
publicpropertywithavalidwrittenagreementwith
theCity,andshallnotbelocatedonvacant
property.Theproposeduseshallbeanextension
of,andassociatedwith,anexistingbuildingand/or
center.Temporaryuseswithinthiscategorymay
alsobesponsoredandconductedbyanonprofit
orexistingcommunityorganization.
Zoningrequiredfortheproperty
wheretheoccurrenceistotake
place
Allcommercialdistricts,allindustrialdistrictsor
recreationaldistricts
Typesofpermittedusesanticipated
withinthiscategory
Thesaleofmerchandisefromanexisting
business(suchaswhatwouldbefoundina
sidewalk sale),noncommercial car washes
(providedtheconditionsoftheNationalPollutant
DischargeEliminationSystem(NPDES)canbe
met),foodvendingstands,flowervendorsand
other similar temporary uses which the
CommunityDevelopmentDirectordeterminesto
beappropriateandcompatiblewiththelanduse
districtandsurroundinglanduses
2.ExtendedTemporaryUsePermit.Extendedtemporaryusesaresubjecttothefollowing
restrictions:
Numberofpeopleexpectedto
attendtheoccurrenceatanyone
giventime
Lessthan100(ifmorethan100peopleexpectedat
onetime,thiswouldbeconsideredaspecialevent
whichisgovernedbyChapter5.108LEMC)
Duration Greaterthan3daysbutlessthan30days
Frequencyofoccurrencesperyear Extendedtemporaryusepermitsshallnotbe
grantedforoccurrencesheldmorefrequentlythan4
timesayear
Restrictionwithrespecttothe
amount of time between
occurrences
Thereshallbeaminimumof30daysseparating
eachoccurrence
Approvingbody CommunityDevelopmentDirector
Amount of time required for
submittalofanapplicationfor
reviewpriortotheoccurrence
Mustbesubmittedaminimumof3weekspriorto
theoccurrence
Restrictionsregardingthestatusof
theproperty
Mustbeconductedonprivatepropertyoronpublic
propertywithawrittenagreementwiththeCity.May
beallowedonvacantpropertywiththewritten
permissionofthepropertyowner.
Zoningrequiredfortheproperty
wheretheoccurrenceistotake
place
Allcommercialdistricts,allindustrialdistrictsor
recreationaldistricts
Typesofpermittedusesanticipated
withinthiscategory
Christmastreesaleslots(includingwithinthis
categoryincidentalsaleofChristmasrelateditems),
Exhibit B
Page 19 of 41
pumpkinpatches,andothersimilartemporaryuses
which the Community Development Director
determinestobeappropriateandcompatiblewith
thelandusedistrictandsurroundinglanduses.This
categorydoesnotincludethesaleofgoodsand
servicesotherthanthosementionedaboveor
exceptwhenassociatedwithanonprofitorexisting
community organization or with an existing
establishedbusinesswithintheCity
3.SeasonalTemporaryUsePermit.Seasonaltemporaryusesaresubjecttothefollowing
restrictions:
Numberofpeopleexpectedto
attendtheoccurrenceatanyone
giventime
Lessthan100(ifmorethan100peopleexpectedat
onetime,thiswouldbeconsideredaspecialevent
whichisgovernedbyChapter5.108LEMC)
Duration Greaterthan30daysbutlessthan120days
Frequencyofoccurrencesperyear Seasonaltemporaryusepermitsshallnotbegranted
foroccurrencesheldmorefrequentlythanoncea
year
Restrictionwithrespecttothe
amount of time between
occurrences
Notapplicable
Approvingbody CommunityDevelopmentDirector
Amount of time required for
submittalofanapplicationfor
reviewpriortotheoccurrence
Mustbesubmittedaminimumof3weekspriortothe
occurrence
Restrictionsregardingthestatusof
theproperty
Mustbeconductedonprivatepropertyoronpublic
propertywithavalidwrittenagreementwiththeCity.
Maybeallowedonvacantpropertywiththewritten
permissionofthepropertyowner
Zoningrequiredfortheproperty
wheretheoccurrenceistotake
place
Allcommercialdistricts,allindustrialdistrictsor
recreationaldistricts
Typesofpermittedusesanticipated
withinthiscategory
Producestands,andothersimilartemporaryuses
which the Community Development Director
determinestobeappropriateandcompatiblewiththe
landusedistrictandsurroundinglanduses(butnot
includingthesaleofretailmerchandiseoritemsthat
canbefoundindepartmentoroutlettypestores)
4.RecreationalTemporaryUsePermit.Recreationaltemporaryusesaresubjecttothe
followingrestrictions:
Numberofpeopleexpectedto
attendtheoccurrenceatanyone
giventime
Lessthan100(ifmorethan100peopleexpectedat
onetime,thiswouldbeconsideredaspecialevent
whichisgovernedbyChapter5.108LEMC)
Exhibit B
Page 20 of 41
Duration FromMay1stthroughOctober31st,withamaximum
of3additionalone-monthextensions
Frequencyofoccurrencesper
year
Recreationaltemporaryusesshallnotbegrantedfor
occurrencesheldmorefrequentlythanonceayear
Restrictionswithrespecttothe
amount of time between
occurrences
Notapplicable
Approvingbody CommunityDevelopmentDirector
Amountoftimerequiredfor
submittalofanapplicationfor
reviewpriortotheoccurrence
Mustbesubmittedaminimumof3weekspriortothe
occurrence
Restrictionsregardingthestatus
oftheproperty
Mustbeconductedonprivatepropertyorpublic
propertywithavalidwrittenagreement
Zoningrequiredfortheproperty
wheretheoccurrenceistotake
place
Allrecreationaldistrictsandthosesitesthatare
contiguoustorecreationaldistrictszonedcommercial
orindustrialandtheLakeshoreDistrict
Types of permitted uses
anticipatedwithinthiscategory
Usesthatarerecreation-oriented,i.e.,jetskirentals,
boatrentals,etc.
D. Application and fees. Applicationfortemporaryusepermitsshall be prepared, filed, and
processed in compliance with LEMC Chapter 17.410andshallinclude,butnotbelimitedto,the
following:
1.Namesandaddressesofthesponsor,operator,andowner(s)oftheproperty.
2.Affidavitofthepropertyownerauthorizinguseofthepropertyfortheproposeduse.
3.Addressand/orlegaldescriptionoftheproperty(assessor’sparcelnumber).
4.Statementdescribingtheproposedusetogetherwithanydatapertinenttothe
considerationandgrantingoftherequestedpermit,including,butnotlimitedto:
a.Numberofpeopleexpectedtoattendatanyonetime;
b.Totalnumberofpeopleexpectedtoattend;
c.Datesandhoursofoperation;
d.Demonstrationofcompliancewiththestandardsandprovisionsofthissection and
thattheconductoftheproposedusewillnotbedetrimentaltotheenvironment,orto
thepublichealth,safetyorgeneralwelfare.
5.Ifthesiteisonpublicproperty,acopyoftheexecutedlicensingagreementwiththeCity.
6.Adimensionalsiteplanshowingtheboundariesofthepropertywheretheuseisproposed
andillustratingthelocationofthemajorelementsoftheuse,includingparking,accessand
circulation,water,andsanitaryfacilities.
Exhibit B
Page 21 of 41
7.OtherinformationandplansasmayberequiredbytheCommunityDevelopmentDirector
todeterminewhetherapermitshouldbegrantedordenied.TheDirectormayalsoauthorize
omissionofanyinformationorplansifhefindstheyarenotnecessary.
E. Action upon applications. TheCommunityDevelopmentDirectormayapprove,conditionally
approve,modify,ordenytheapplicationafterreviewoftheapplicationandanycomments
received.Noapplicationshallbeapprovedunlesstheapplicanthasaffirmativelydemonstrated
thatallprovisionsofthissection willbecompliedwithandthattheproposedactivitywillnotbe
detrimentaltotheenvironment,orthepublichealth,safety,orgeneralwelfare.
F. Standards of operations. Exceptasotherwiseprovidedinthissection,temporaryusesmaybe
permittedinthezoningdistrictsnotedabove in paragraph C of LEMC 17.415.100, provideda
permitisgrantedpursuanttotheprovisionsofthissection.Thefollowingstandardsshallbe
appliedtoalltemporaryusesandcompliancewiththesestandardsshallbedemonstratedasa
conditionoftheissuanceofanypermitprovidedforbythissection:
1.Parking.Allapplicationsfortemporaryusesshallprovideadequateparkingfortheuse.If
theuseisestablishedwithinanexistingparkingareaitshallbeshownthatthisusewillnot
detractfromtheexistingbusinessorthebusiness’abilitytoprovideadequateparking.A
parkingplanshallberequiredtobesubmittedandapprovedpriortotheissuanceofapermit.
2.AccessandParkingControl.Everyapplicantshallprovideadequateingressandegress
tothepremisesoftheuseandparkingareas.Necessaryroads,drivewaysandentrance
waysshallexisttoensureorderlyflowoftrafficintothepremisesfromahighwayorroad
whichisapartoftheCitysystemofhighwaysorwhichisahighwaymaintainedbytheState
orCounty.Aspecialaccesswayforfireequipment,ambulancesandotheremergency
vehiclesmayberequired.TheCityEngineermustapprovetheapplicant’splanforingress
andegressbeforeapermitshallbeissued.
3.SanitationFacilities.IfdeemednecessarybytheCommunityDevelopmentDirector,
adequatesanitationfacilitiesshallbeprovidedasdeterminedbytheCountyHealthOfficer
baseduponStateandlocalhealthlaws.Providefacilitiesforthehandicapped.
4.FoodConcessions.ConcessionsmustbelicensedandoperatedundervalidHealth
DepartmentpermitpursuanttolocalordinancesandStatelaws.
5.HoursofOperation.Allactivitieswhicharesubjecttoapermitunderthissection shall
closeandceaseoperationcontinuouslybetweenthehoursofmidnightand8:00a.m.of
eachandeveryday.
6.TrashandRefuse.Thesiteshallbecleanedandrestoredtoitsoriginalconditionorbetter
attheconclusionoftheuse.Anadequatenumberoftrashreceptaclesshallbeprovidedon
siteandshallbeemptiedorremovedasnecessaryattheapplicant’sexpense.Ifdeemed
necessarybytheCommunityDevelopmentDirector,abondwillberequiredtoensurethat
thesiteiscleanedtoitsoriginalconditionattheconclusionoftheuse.
7.Noise.Theamountofnoisegeneratedbytheoperationofthetemporaryuseshallnot
disrupttheactivitiesofnearbylandusesorotherwiseviolatetheprovisionsofChapter
17.176LEMCrelatingtonoise.
Exhibit B
Page 22 of 41
8.HealthandSafetyCodes.Allapplicablelawsandordinanceswithrespecttoequipment
used,construction,plumbing,mechanical,electrical,andallotherrespectsshallbe
observed.
9.SalesofGoodsandServices.Allsalesofgoodsandservicesshallbelimitedtoor
sponsoredbyoneofthefollowing:
a.Nonprofitorganizations;
b.Existingcommunityorganizations;
c.Existinglicensedbusinesseswithanexistingestablishedbusinesslocationwithin
theCity;
d.Licensedbusinesseswiththepermissionofthepropertyownerofvacantproperty
inthecaseofextendedandseasonaltemporaryusessubjecttothelimitationsset
forthinLEMC17.200.030(B)and(C).
e.WrittenagreementwiththeCityofLakeElsinore.
G. Performance bonds. Performancebondsmayberequiredasaconditionofapprovalofany
permitrequiringthepermitteetoexecuteanagreementwiththeCityofLakeElsinoresecuredby
acashbondintheamountnecessarytoguaranteeperformanceoftheagreementandtorestore
thesitetoitsoriginalcondition.
H. Modifications. Modificationstothestrictinterpretationofanyprovisionsofthissection maybe
grantedbythePlanningCommissionprovideditisfoundthatthepurposeandintentofthissection
hasbeencompliedwith.
I. Appeals. An applicant or any interested person may file a written appeal of the Community
DevelopmentDirector’sdecisionpursuant to the provisions set forth insection 17.410.110 LEMC.
J. Revocation. Anypermitissuedpursuanttothissection maybesummarilyrevokedandtheuse
orderedclosedbytheCommunityDevelopmentDirectororhisdesigneeforbreachofanyofthe
conditionsofthepermitortheprovisionsofthissection,orfortheviolationsofanylawsofthe
Stateif,atanytime,theapplicantfailstoimmediatelycorrectanysuchdeficiencies.
17.415.110Accessory dwelling units.
A. Purpose: The purpose of this section is to expand the mix of housing opportunities within the
City by permitting the development of accessory dwelling units as an accessory use to existing
single-family detached dwellings, consistent with Government Code Sections 65852.2 and
65852.22, while providing criteria to assure they are maintained as a harmonious and integral
aspect of the single-family neighborhood. An accessory dwelling unit is a residential use that is
consistent with the existing General Plan land use designation and zoning designation for lots
allowing residential uses. Any accessory dwelling unit constructed pursuant to this Section does
not exceed the allowable density for the lot upon which the accessory dwelling unit is located.
B. Definitions.
Exhibit B
Page 23 of 41
1. “Accessory dwelling unit" means an attached or a detached residential dwelling unit
which provides a complete independent living area for one or more persons. It shall include
permanent provisions for living, sleeping, eating, cooking, and sanitation on the same
parcel as the single-family dwelling is situated. An accessory dwelling unit also includes
the following:
a. An efficiency unit, as defined in Health and Safety Code Section 17958.1
b. A manufactured home, as defined in Health and Safety Code Section 18007.
2. "Junior accessory dwelling unit" means a unit that is no more than 500 square feet in
size and contained entirely within an existing single-family structure (primary unit). A junior
accessory dwelling unit may include separate sanitation facilities within the existing
primary unit or may share sanitation facilities within the existing structure.
3. "Living area" means the interior habitable area of a dwelling unit including basements
and attics, but does not include a garage or any accessory building.
C. Primary Dwelling Unit Required. The lot proposed for an accessory dwelling unit shall be zoned
for single-family or multi-family residential uses and must contain an existing detached single-
family dwelling at the time an application for an accessory dwelling unit is submitted, or the
application for the accessory dwelling unit may be made in conjunction with the development of
the primary single-family dwelling.
D. Design and Development Standards.
1. Number of Units. No more than one accessory dwelling unit is permitted on any one lot.
2. Maximum Number of Bedrooms. Accessory dwelling units shall not exceed a maximum
of two bedrooms as sleeping quarters.
3. Floor Area.
a. The minimum square footage of an accessory dwelling unit shall be 400 square feet.
The unit shall include permanent provisions for living, sleeping, eating, cooking, and
sanitation.
b. All proposed accessory dwelling units shall not exceed 50 percent of the existing
living area of the existing single-family residence or 1,200 square-feet, whichever is
less.
4. Accessory dwelling units shallcomply with the development standards set forth by the
underlying zoning district for the primary structure including, but not limited to, setbacks, lot
coverage, building height, distance between structures, and location.
5. Setbacks. Accessory dwellingunits shall comply with the setback standards applicable
to other structures within the zone in which the lot is located except as provided below.
Exhibit B
Page 24 of 41
a. Garage Conversions. No setback shall be required for an existing, legally permitted,
garage that is converted to an accessory dwelling unit. However, no addition may be
constructed to the converted garage that increases the encroachment into the setback.
6. Height Restrictions. Accessory dwelling units shall comply with the following height
restrictions based on the proposed location of the unit:
a. Accessory dwelling units attached to the primary structure shall comply with the
height limitations of the underlying zoning district for the principal structure.
b. Accessory dwelling units to be detached from the primary structure shall be limited
to the height restrictions set forth in the underlying zoning district for detached,
accessory and secondary structures.
7. Independent Exterior Access. Accessory dwelling units shall provide an independent
exterior access separate from the primary residence.
8. Passageway. No passageway shall be required in conjunction with the construction of
an accessory dwelling unit. For purposes of this Section, “passageway” means a pathway
that is unobstructed clear to the sky and extends from a street to one entrance of the
accessory dwelling unit
9. Design and Materials. The exterior design and materials of the accessory dwelling unit
shall be visually compatible with the primary dwelling regarding the roof, building walls,
doors, windows, horizontal/vertical expression, and architectural detail.
E. Utility Services.
1. Accessory dwelling units shall not be considered new residential uses for the purposes
of calculating connection fees or capacity charges for utilities, including water and sewer
service.
2. An accessory dwelling unit located within the existing space of a primary dwelling unit
or an accessory building does not require a new or separate utility connection directly
between the accessory dwelling unit and the utility or the payment of a connection fee or
capacity charge.
3. For an attached and detached accessory dwelling unit, that is not located within the
existing space of a primary dwelling unit or an accessory building, the applicant shall be
required to install a new or separate utility connection directly between the accessory
dwelling unit and the utility.
4. An accessory dwelling must receive approval by the County Department of
Environmental Health where an existing or proposed private sewage disposal system is
used.
F. Parking. Accessory dwelling units shall be required to provide parking in accordance with the
following requirements:
Exhibit B
Page 25 of 41
1. Parking Requirement for Primary Residence. In any instance, the property shall be
required to meet the minimum parking requirement as set forth in Chapter 17.148, Parking
Requirements, for the principal residence prior or concurrent to the application for an
accessory dwelling unit.
2. New Units. Attached or detached accessory dwelling units shall be required to provide
one (1) off-street parking space per bedroom on the same lot as the unit in a covered,
uncovered, or tandem configuration. Parking spaces may be located in the required
setbacks provided the proposed location complies with the landscaping requirement in the
front yard and minimum standards set forth within the Chapter 17.148, Parking
Requirements, for open parking spaces, unless otherwise approved by the Community
Development Director.
3. Garage Conversions. Where garages are converted for the purpose of creating an
accessory dwelling unit, replacement off-street parking shall be provided on the same lot
as the unit in either a covered, uncovered, or tandem configuration provided the proposed
location complies with the landscaping requirement in the front yard and the minimum
standards set forth within the Off-Street Parking Regulations for open parking spaces,
unless otherwise approved by the Community Development Director.
4. Parking spaces shall be paved or on another surface approved by the Community
Development Director. Parking on dirt or landscaped areas is prohibited.
5. Parking Exceptions for Certain Accessory Dwelling Units. Automobile parking is not
required for an accessory dwelling unit in any of the following instances:
a. The accessory dwelling unit is located within one-half mile of public transit.
b. The accessory dwelling unit is located within an architecturally and historically
significant historic district.
c. Theaccessory dwelling unit is contained entirely within the permitted floor area of
the existing primary residence or an existing accessory structure.
d. When on-street parking permits are required but not offered to the occupant(s) of
the accessory dwelling unit.
e. When there is a car share vehicle located within one block of the accessory dwelling
unit.
G. Fire Sprinklers. Accessory dwelling units shall not be required to be equipped with fire
sprinklers unless fire sprinkler installation is required for the primary dwelling.
H. Junior Accessory Dwelling Units. Ajunior accessory dwelling unit is permitted if it complies
with the following standards:
1. One junior accessory dwelling unit may be located on a residential lot zoned for single-
family residential purposes with an existing primary unit.
Exhibit B
Page 26 of 41
2. The owner of the lot proposed for the junior accessory dwelling unit shall occupy, as a
principal residence, either the primary unit or the junior accessory dwelling unit. Owner-
occupancy shall not be required if the owner is another government agency, land trust, or
housing organization.
3. The junior accessory dwelling unit shall not be sold independently of the primary unit
on the lot. Either unit may be rented; however, short-term rentals less than 30 days are
prohibited.
4. The junior accessory dwelling unit must be created within the existing walls of an
existing primary unit, and must include the conversion of an existing bedroom.
5. The junior accessory dwelling unit shall have an independent exterior entrance separate
from the main entrance to the primary unit.
6. The interior entrance connecting the junior accessory dwelling unit to the primary unit
must be maintained, and may include a second interior doorway for sound attenuation.
7. The junior accessory dwelling unit shall include an efficiency kitchen, which shall include
and be limited to the following components:
a. A sink with a maximum waste line diameter of 1.5 inches.
b. A cooking facility with appliances that do not require electrical service greater than
120 volts or natural or propane gas.
c. A food preparation counter and storage cabinets that are of reasonable size in
relation to the size of the junior accessory dwelling unit.
8. A junior accessory dwelling unit shall comply with the building setbacks as required for
the primary unit.
9. No additional parking shall be required for the junior accessory dwelling unit provided
that the required parking spaces serving the primary unit are maintained.
10. No water or sewer connection fee or capacity charge shall be required for the
development of a junior accessory dwelling unit.
11. Fire sprinklers shall not be required for a junior accessory dwelling unit if fire sprinklers
are not required for the primary unit.
I. OwnerOccupancy. The legal property owner of the lot shall be required to reside in either the
primary residence or the accessory dwelling unit located on the parcel. At no time shall the
property owner rent the primary dwelling and the accessory dwelling unit separately or allow the
primary residence and the accessory dwelling unit to be sublet individually while the property
owner resides elsewhere.
1. The accessory dwelling unit shall not be sold separately from the principal residence.
The rental and leaseperiod for either unit shall be longer than a minimum of 30 days and
shall not be utilized as a short-term rental.
Exhibit B
Page 27 of 41
J. Deed Restriction. A deed restriction, in the form satisfactory to the City Attorney, shall be
completed and recorded with the County Recorder's office prior to issuance of a building permit
for an accessory dwelling unit. The deed restriction shall include the restrictions and limitations
identified in this subsection, shall run with the land, and shall be binding upon any future owners,
heirs, or assigns of the property. The deed restriction shall substantively state the following:
1. The accessory dwelling unit shall not be sold or owned separately from the principal
dwelling unit, and the lot upon which the unit is located shall not besubdivided in any
manner that would authorize such sale or ownership;
2. The accessory dwelling unit shall be a legal unit, and may be used as habitable space,
only so long as either the principal dwelling unit, or the accessory dwelling unit, is occupied
by at least one owner of record of the property;
3. In the event the minimum one person having ownership interest in the lot ceases to
occupy a unit on the lot, the accessory dwelling unit shall automatically become non-
habitable space, shall not be used as a dwelling unit, and shall not be rented or leased for
any purpose.
4. The principal unit and accessory dwelling unit shall not be rented for a period less than
thirty (30) consecutive days; and
5. The above restrictions shall be binding upon any successor in ownership of the property
as long as the accessory dwelling unit exists on the property; lack of compliance shall be
cause for code enforcement action and removal of the accessory dwelling unit.
The applicant shall submit proof of deed restriction recordation to the Community Development
Department prior to issuance of a building permit.
K. Review and approval process.
1. Applications for accessory dwelling units, including plans and documents required for
the plan check process shall be submitted to the Building Division with the required plan
check fees.
2. An application for an accessory dwelling unit shall be considered by the Community
DevelopmentDirector. The application shall either be approved or disapproved within 120
days of the submittal of a complete application.
17.415.120Mobilehomeparkconversions
A.Purpose and Intent. The purpose of regulating mobilehome park conversions is to ensure that
any proposed conversion of an existing mobilehome park to any other use is preceded by
adequate notice, that the social and fiscal impacts of the proposed conversion are adequately
defined prior to consideration of a proposed conversion and that relocation and other assistance
is provided park residents, consistent with the provisions of this section and Government Code
Sections 65863.7 and 66427.4.Nothing in this section shall preclude any other notice or
requirements imposed by state law, nor shall it limit in any way the rights and available remedies
of mobilehome park residents otherwise provided by law.
Exhibit B
Page 28 of 41
B. Application requirements. Applications for a mobilehome park conversionshall be prepared,
filed, and processed in compliance with LEMC Chapter 17.410.
C. Process.Anyapplication for the a mobilehome park conversionshall be deemed an application
for a “change of use” for the purposes of Civil Code Section 798.56(g) or any successor provision
thereto, andshallbe prepared, filed, and processed in compliance with LEMC Chapter 17.410.
D. Approving Authority. The designated approving authority for the conversion of a mobilehome
park to another useis the Planning Commission.
E. Priortoanychangeof amobilehomeparktoanotheruseor prior to closure of a mobilehome
park or cessation of use of the land as a mobilehome park,theapplicantshall comply with all of
the following requirements.
1.Thepersonorentityproposingthechangeinuseshallfileareportontheimpactofthe
conversion, closure, or cessation of useuponthedisplacedresidentsofthemobilehome
parktobeconvertedor closed.Indeterminingtheimpactoftheconversion, closure, or
cessation of useondisplacedmobilehomeparkresidents,thereportshalladdressthe
availabilityofadequatereplacementspaceinmobilehomeparksandrelocationcosts.
2.Thepersonorentityproposingthechangeinuseshallprovideacopyofthereportto
eachresidentofthemobilehomeparkatleast15dayspriortothehearingontheimpact
reportbythePlanningCommission.
3.ThePlanningCommissionshallreviewsuchreport,priortoanychangeofuse,andmay
require,asaconditionofthechange,thepersonorentitytotakestepstomitigateany
adverseimpactoftheconversion, closure, or cessation of useontheabilityofdisplaced
mobilehomeparkresidentstofindadequatespaceinamobilehomepark.
F.Notificationofchangeinuserequirements.Uponthereceiptofanyapplicationforthe
conversionofamobilehomeparktoanotheruse,thePlanningDivisionshall,atleast30days
priortoahearingoranyotheractionontheapplication,informtheapplicantinwritingofthe
provisions of Civil Code Section 798.56 and any additional applicablerequirementsimposing
upontheapplicantadutytonotifyresidentsandmobilehomeownersofthemobilehomeparkof
theproposedchangeinuse,andshallspecifythereinthemannerinwhichtheapplicantshall
verifythatresidentsandmobilehomeownersofthemobilehomeparkhavebeendulynotifiedof
the proposed change of use.
G. Neither ahearingontheapplication,noranyotheractionthereonbetakenbythePlanning
Commissionbeforetheapplicanthassatisfactorilyverifiedthattheresidentsandmobilehome
ownershavebeensonotifiedinthemannerprescribedlaw or bylocalregulation.
H. Bankrupcy exemption. The provisions of this section shall not apply if it is determined that the
closure or cessation of use of a mobilehome park results from an adjudication of bankrupcy. The
applicant shall have the burden to produce substantial evidence that a court of competent
jurisdiction has determined that the closure, cessation, or conversion of use of the affected park
as a mobilehome park is necessary.
Exhibit B
Page 29 of 41
17.415.130Residentialcarefacilities
A.Purpose.TheStateofCaliforniahasenactedcertainlawsandregulationswiththeintentto
provideforthecareofchildrenaswellasmentallyandphysicallyhandicappedpersonsina
residentialenvironment.Thepurposeofthischapteristoimplementthoselawsandregulations.
B.Definitions.
1. “Largefamilydaycarehome”meansahomewhichprovidesfamilydaycaretonine to
14 children,inclusive,includingchildrenwhoresideatthehome(asdefinedbytheState
DepartmentofSocialServices),fortheperiodsoflessthan24hoursperday,whilethe
parentsorguardiansareaway.
2. “Residentialcarefacility”meansaState-authorized,certified,orlicensedfamilycare
home,fosterhome,orgrouphomeservingsixorfewermentallydisorderedorotherwise
handicappedpersonsordependentandneglectedchildrenona24-hour-a-daybasis.
3. “Smallfamilydaycarehome”meansahomewhichprovidesfamilydaycaretoeight or
fewerchildren,includingchildrenwhoresideatthehome(asdefinedbytheState
DepartmentofSocialServices),forperiodsoflessthan24hoursperday,whilethe
parentsorguardiansareaway.
C.Permitteduses.Residentialcarefacilitiesandsmallfamilydaycarehomesasdefinedherein
shallbeapermitteduseinallresidentialzonesprovidedsuchusesarehousedwithinstructures
thatcomplywiththedevelopmentstandardsrequiredofallstructureswithinthezoningdistrict.
D.Largefamilydaycarepermitrequired.Operationofalargefamilydaycarehomeshallbe
subjecttothereviewandapprovalofaresidentialcarepermitinaccordancewiththefollowing:
1. Application requirements. Applications for a large family day care permitshall be
prepared, filed, and processed in compliance with LEMC Chapter 17.410.
2.Notlessthan10dayspriortothedecisiondatebytheCommunity Development Director
serving as approving authority,theCityshallmailnoticeoftheproposedusetoallproperty
ownersasshownonthelastequalizedassessmentrollwithina100-footradiusofthe
exteriorboundariesoftheproposedlargefamilydaycarehome.
4.AdecisiononthepermitshallbemadebytheCommunity Development Directorwithout
aformalhearing,unlessoneisrequestedbyeithertheapplicantorotheraffectedpersons.
Ifsorequested,theCommunity Development Director or designee will serve as approving
authorityand heartherequest.
4. Effective date of large family day care permitapproval. The decision of the approving
authority shall be final unless anappeal of the action is filed pursuant to the provisions set
forth insection 17.410.110 LEMC.
E.Developmentstandards.Inaccordancewiththepurposeofthischapter,alllargefamilyday
carefacilitiesshallcomplywiththedevelopmentstandardsforthezoningdistrictinwhichthey
arelocated,including,butnotlimitedto,thefollowing:
Exhibit B
Page 30 of 41
1.Asix-foot-highwoodfenceormasonrywallshallbeerectedaroundthesideandrear
propertylines,behindtherequiredfrontyardsetback.
2.Adequateparkinganddriveways,asrequiredforthezoningdistrictinwhichthefacilityis
located,shallbeprovided.
17.415.140 Wireless communication facilities
A. Purpose. The purpose of this chapter is to: enhance the ability of wireless communications
service providers to effectively and efficiently provide new wireless communications services in
the City; encourage the design and placement of wireless communications facilities in a way that
minimizes their impact to the visual character, health, economic vitality and biological resources
of the City; encourage and maximize the use of existing and approved wireless communications
facilities, buildings and other structures while taking into account the use of concealment
technology in order to reduce the number of facilities needed to serve businesses and residents
in the City; ensure continuous maintenance of new and existing wireless communications
facilities; and ensure the timely removal of any unused or outdated wireless communications
facilities.
B. Definitions. For purposes of this chapter, the following terms, phrases, words, and derivations
shall have the meaning given in this section:
1. “Antenna” means a device used for the purpose of transmitting and/or receiving wireless
communication signals.
2. “Base station” means a structure or equipment at a fixed location that enables FCC
licensed or authorized wireless communications between user equipment and a
communications network. The term does not encompass a tower as defined herein or any
equipment associated with a tower. Base station includes, without limitation:
a. Equipment associated with wireless communications services such as private,
broadcast, and public safety services, as well as unlicensed wireless services and
fixed wireless services such as microwave backhaul.
b. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power
supplies, and comparable equipment, regardless of technological configuration
(including distributed antenna systems (DAS) and small-cell networks).
c. Any structure other than a tower that, at the time the relevant application is filed with
the City under this section, supports or houses equipment described in subsections a
and bof this definition that has been reviewed and approved under applicable zoning
or siting process, or under another State or local regulatory review process, even if the
structure was not built for the sole or primary purpose of providing that support.
The term “base station” does not include any structure that, at the time the relevant
application is filed with the City under this section, does not support or house equipment
described in subsections aand bof this definition.
Exhibit B
Page 31 of 41
3. “Collocation” means the mounting or installation of transmission equipment on an
eligible support structure for the purpose of transmitting and/or receiving radio frequency
signals for communications purposes.
4. “Eligible facilities request” means any request for modification of an existing tower or
base station that, within the meaning of the Spectrum Act, does not substantially change
the physical dimensions of that tower or base station, and involves the collocation of new
transmission equipment, the removal of transmission equipment, or the replacement of
transmission equipment.
5. “Eligible support structure”means any tower or base station that exists at the time the
application is filed with the City.
6. “FCC” means the Federal Communications Commission or successor agency.
7. “Monopole” means a freestanding antenna structure, with a single continuous footing,
designed to be self-supporting without the use of guywires.
8. “RF” means radio frequency on the radio spectrum.
9. “Spectrum Act” means Section 6409(a) of the Middle Class Tax Relief Act and Job
Creation Act, 47U.S.C. Section 1455(a), signed into law on February 22, 2012, and
providing, in part, “...a State or local government may not deny, and shall approve, any
eligible facilities request for a modification of any existing wireless tower or base station
that does not substantially change the physical dimensions of such tower or base station.”
10. “Stealth facility” means a wireless communications facility designed to blend into the
surrounding environment, to be minimally visible and to appear as a natural feature, such
as a tree or rock or other natural or architectural feature, so that no portion of any
equipment cabinet, transmission equipment, or any other apparatus associated with
facility’s function is visible from publicly accessible areas. A stealth facility may be
incorporated into an architectural feature such as a steeple, parapet wall, light standard,
equipment screen or landscaping.
11. “Substantially changes” means, in the context of an eligible support structure, a
modification of an existing tower or base station where any of the following criteria is met:
a. For a tower not located in the public right-of-way, if the height of the tower is
increased by:
i. More than 10 percent; or
ii. By the height of one additional antenna array with separation from the nearest
existing antenna not to exceed 20 feet, whichever is greater; or
iii. There is an added appurtenance to the body of the tower that would protrude
from the edge of the tower by (1) more than 20 feet, or (2) more than the width of
the tower at the level of the appurtenance, whichever is greater.
b. For a tower located in the public rights-of-way and for all base stations:
Exhibit B
Page 32 of 41
i. The height of the tower or base station is increased by more than 10 percent or
10 feet, whichever is greater; or
ii. There is an added appurtenance to the body of that structure that would protrude
from the edge of that structure by more than six feet; or
iii. It involves the installation of ground cabinets that are more than 10 percent
larger in height or overall volume than any other ground cabinets associated with
the structure; or
iv. It involves the installation ofany new equipment cabinets on the ground if there
is no preexisting ground cabinet associated with that structure.
c. For any eligible support structure:
i. It involves the installation of more than the standard number of new equipment
cabinets for the technology involved, but not to exceed four cabinets; or
ii. There is entailed in the proposed modification any excavation or deployment
outside of the current site of the tower or base station; or
iii. The proposed modification would cause the concealment/camouflage elements
of the tower or base station to be defeated; or
iv. The proposed modification would not comply with the conditions associated with
the prior siting approval of construction or modification of the tower or base station,
unless the noncompliance is due to an increase in height, increase in width,
addition of cabinets, or new excavation that does not exceed the corresponding
thresholds in this section.
d. To measure changes in height for the purposes of this section, the baseline is:
i. For deployments that are or will be separated horizontally, measured from the
original support structure.
ii. For all others, measured from the dimensions of the tower or base station,
inclusive of originally approved appurtenances and any modifications that were
approved by the City prior to February 22, 2012.
iii. To measure changes for the purposes of this section, the baseline is the
dimensions that were approved by the City prior to February 22, 2012.
12. “Tower” means any structure built for thesole or primary purpose of supporting any
FCC licensed or authorized antenna, including any structure that is constructed for
wireless communications service. This term does not include a base station.
13. “Transmission equipment” means equipment that facilitates transmission of any FCC
licensed or authorized wireless communications service.
Exhibit B
Page 33 of 41
14. “Wireless communications facilities” means any antenna, associated equipment, base
station, small-cell system, tower, and/or transmission equipment.
15. “Wireless communications service” means, without limitation, all FCC licensed
backhaul and other fixed wireless services, broadcast, private, and public safety
communication services, and unlicensed wireless services.
C. Permits required.
1. Any new wireless communications facility that is not a collocation or modification of an
existing tower or base station is subject to approval of a conditional use permit pursuant
to Section 17.415.070LEMC.
2. No building permits shall be issued for the construction of any new wireless
communications facilities, collocation of new equipment on an eligible support structure,
or modification of an eligible support structure until the applicant has obtained design
review approval as described in paragraph D of LEMC 17.415.140. The following
exemption shall apply to the modifications to an existing eligible support structure that only
include maintenance, repair, and/or replacement of antennas and transmission equipment
and that do not change and/or increase the antennas or cabinets previously approved.
D. Application requirements. All applications for wireless communications facilities shall include
the following items:
1. For collocation of new equipment on an eligible support structure or modification of an
eligible support structure, an application for minor design review shall be made in
accordance with Section 17.415.060LEMC.
2. For any new wireless communications facility that is not a collocation or modification of
an existing tower or base station, an application for a conditional use permit shall also be
made in accordance with Section 17.415.070LEMC in addition to an application for minor
design review in accordance with Section 17.415.060LEMC.
3. A written statement asserting that the proposed collocation or modification is an eligible
facilities request and does not result in a substantial change in the physical dimensions of
the facility’s wireless tower or base station, as those terms are defined by Section 6409,
Title 47, United States Code, Section 1455, and justifying that assertion.
4. For new wireless communications facility projects, the plans shall include a scaled
depiction of the maximum permitted increase as authorized by the Spectrum Act, using
the proposed project as a baseline.
5. For proposed collocations or modifications to wireless towers, the plans must include
scaled plan views and all four elevations that depict the physical dimensions of the
wireless tower as it existed on February 22, 2012, or as approved if constructed after
February 22, 2012. For proposed collocations or modifications to base stations, the plans
must include scaled plan views and all four elevations that depict the physical dimensions
of the base station as it existed on February 22, 2012, or as approved if constructed after
February 22, 2012.
Exhibit B
Page 34 of 41
6. Propagation diagrams showing the existing network coverage within one mile of the site
and the proposed coverage based upon the proposed facility at the proposed height.
7. Photo simulations showing the proposed facility from all public roads and all residential
developments within a half-mile radius of the site.
8. Technical justification for the proposal (for example, to fill a “dead zone” or to
accommodate increased demand), why the subject site is considered necessary to
accomplish the provider’s objectives, and why the proposed site is the most appropriate
location.
9. A siting analysis which identifies a minimum of two other feasible locations within or
outside the City which could serve the area intended to be served by the facility, unless
the applicant provides technical reasons for providing fewer than the minimum. The
alternative site analysis shall include at least one collocation site.
10. A letter stating whether or not Federal Aviation Administration (FAA) clearance is
required. If FAA clearance is required, a letter stating the type of lighting necessary and
thetower color.
11. A fully executed copy of the lease or other agreement entered into with the owner of
the underlying property. The lease or other agreement shall include a provision indicating
that the wireless communications service provider, or its successors and assigns, shall
remove the wireless communications facility completely upon its abandonment. The lease
or other agreement shall also include a provision notifying the property owner that if the
wireless communications service provider does not completely remove a facility upon its
abandonment, the City may remove the facility at the property owner’s expense and lien
the property for the cost of such removal. Propriety information in the lease may be
redacted.
12. The Community Development Director may require additional information or plans, if
necessary, to determine whether the application should be granted or denied.
E. Permit review (“shot clock”) time periods.
1. Review of Application Materials. The time frame for review of an application shall begin
to run when the application is submitted, but shall be tolled if the City finds the application
incomplete and requests that the applicant submit additional information to complete the
application. Such requests shall be made within 30 days of submission of the application.
After submission of additional information, the City will notify the applicant within 10 days
of this submission if the additional information failed to complete the application.
2. Processing Time for Eligible Facilities Request. The City will act on the minor design
review application for a proposed wireless communications facilities modification within 60
days, adjusted for any tolling due to requests for additional information or mutually agreed
upon extensions of time.
If the City determines that the application does not qualify as an eligible facilities request,
the City will notify the applicant of that determination in writing and will process the
application subject to the processing time identified in subsection (C)of this section.
Exhibit B
Page 35 of 41
To the extent Federal law provides a “deemed granted” remedy for eligible facilities
request applications not timely acted upon by the City, no such application shall be
deemed granted until the applicant provides notice to the City, in writing, that the
application has been deemed granted after the time period provided in this section has
expired.
3. Processing Time for Applications for Collocations or Modifications That Do Not Qualify
as an Eligible Facilities Request. The City will act on the application within 90 days,
adjusted for any tolling due to requests for additional information or mutually agreed upon
extensions of time.
4. Processing Time for New Wireless Communications Facilities That Are Not a
Collocation or Modification of an Existing Tower or Base Station. The City will act on the
application within 150 days, adjusted for any tolling due to requests for additional
information or mutually agreed upon extensions of time.
5. Denial of Application. If the City denies a wireless communications facility application,
the City will notify the applicant in writing of the reasons for the denial.
F. Permit process and findings.
1. Minor design review applications for eligible facilities request shall be reviewed by the
Community Development Director or his designee. The Community Development
Director’s decision shall not be appealable. The Community Development Director shall
approve the minor design review application, provided the following findings can be made:
a. The applicantproposes an eligible facilities request; and
b. The proposed collocation or modification does not defeat any existing concealment
elements of the support structure.
2. Minor design review applications for collocations or modifications that do not qualify as
an eligible facilities request shall be reviewed by the Community Development Director.
The Community Development Director’s decision shall be appealable to the Planning
Commission pursuant to LEMC 17.184.110(G). The Community Development Director, or
the Planning Commission on appeal, shall approve the minor design review application
provided all the applicable development standards per LEMC 17.186.070and all of the
design review findings in accordance with Chapter 17.184LEMC can be made.
3. Any new wireless communications facility that is not a collocation or modification of an
existing tower or base station shall be reviewed by the Planning Commission in
accordance with Chapters 17.168and 17.184LEMC, provided all the design review and
conditional use permit findings can be made.
G. Development standards. All wireless communications facilities shall comply with the following
development standards:
1. All wireless communications facilities shall comply with the General Plan and applicable
specific plans.
Exhibit B
Page 36 of 41
2. All wireless communications facilities shall be sited to minimize their impact upon scenic
views and shall not block or obscure existing commercial signage monuments. All wireless
communications facility antennas, mounting hardware, and cabling shall be covered or
painted to match the color and texture of the building, tower, or pole on which it is mounted.
3. All wireless communications facilities shall be substantially screened from view of
surrounding properties and the public view in one or more of thefollowing ways:
a. Screened with landscaping planted and maintained around the facility, in the vicinity
of the facility, and along access roads as the Director deems necessary. Such
landscaping, including irrigation, shall be maintained until the wireless
communications facility is removed from the site.
b. Designed as stealth facilities.
c. Collocated with an existing facility or structure so as to not create substantial visual
impacts beyond those of the existing facility or structure.
4. Wireless communications facilities are permitted in any zoning district except: Hillside
Single-Family Residential (R-H); Estate Density Residential (R-E); Single-Family
Residential (R-1); Low Density Residential (R-2); Medium Density Residential (R-2); and
High Density Residential (R-3).
Notwithstanding the foregoing exceptions, wireless communications facilities may be
located in the zoning districts listed in this section, provided the facility meets one of the
following criteria:
a. It is located within the public right-of-way as designated in the General Plan, the
proposed wireless communications facility would have an incidental or otherwise
insignificant visual or aesthetic impact, and it is located on a streetlight standard or
traffic signal standard within the public right-of-way of public streets, including local
streets; or
b. It is located on a non-residential structure such as a church, school or recreational
facility, including those mounted on light standards within a public or private park.
5. Except as otherwise provided by this chapter, a wireless communications facility shall
not exceed the height limit specified for the zone in which it is located.
6. A wireless communications facility shall be set back 50 feet from a residential property
line or shall be set back from habitable dwellings a distance equal to 100 percent of the
facility height, whichever is greater. A variance may be granted to vary from this
requirement upon the findings specified in Chapter 17.172LEMC.
7. No new monopole shall be permitted unless the applicant demonstrates that a proposed
facility cannot be placed on an existing building or collocated. The Community
Development Director may require an independent, third party analysis, at the applicant’s
expense, to identify alternatives to a proposed monopole. All newmonopoles shall comply
with the following:
Exhibit B
Page 37 of 41
a. A monopole shall not exceed the height limit established for the zone in which it is
to be located, unless: the proposed facility is compatible with surrounding properties;
the additional height is necessary to provide service within the City; and a conditional
use permit is granted in accordance with Chapter 17.168LEMC. In no event shall a
monopole exceed 60 feet in height.
b. Guy wires or support structures shall not be allowed.
c. Monopoles shall be designed to allow for collocation of additional antennas.
d. Monopoles shall be designed as a stealth facility to blend the antenna or the tower
into the surrounding area and to minimize visibility from off-site locations.
8. In addition to all other applicable development standards, wireless communications
facilities proposed to be mounted on existing or proposed buildings shall comply with the
following standards:
a. Antennas and ancillary equipment shall be scaled and designed to integrate with
building design so as to be visually unobtrusive. Design techniques may include
locating the facility behind parapets or within steeples or towers.
b. If antennas are mounted flush against a building wall, the color and material of the
antenna and other equipment shall match the exterior of the building.
c. A building-mounted wireless communications facility shall be architecturally
compatible with the existing building on or to which the antenna, base station, or tower
is attached.
d. A building-mounted wireless communications facility may extend 15 feet beyond the
permitted height of the building in the zone district.
9. All wireless communicationsfacilities shall be enclosed with a decorative block wall,
wrought iron fence, or other screening option at a minimum height of six feet as deemed
appropriate by the Community Development Director.
10. All wireless communications facilities shall be designed, located, and operated to avoid
interference with the quiet enjoyment of adjacent properties, and at a minimum shall be
subject to the noise standards of Chapter 17.176LEMC. The Community Development
Director may require an independent acoustic analysis to identify appropriate mitigation
measures when the noise of such facility may have a detrimental effect on an adjacent
property.
11. Freestanding equipment enclosures shall be constructed to look like adjacent
structures or facilities typically found in the area and shall adhere to the Citywide Design
Standards and Guidelines where appropriate. Where there are no structures in the
immediate vicinity, equipment closures shall blend with existing naturally occurring
elements of the viewing background and shall be screened from view by landscaping,
fencing/walls or other methods. Equipment enclosures shall not exceed 13 feet in height.
Exhibit B
Page 38 of 41
12.Outside lighting is prohibited unless required by the FAA or the California Building
Code, including the appendix and standards adopted by the California Building Standards
Commission. All towers that require a warning light to comply with FAA regulationsshall
use the minimum amount possible. Any lighting system installed shall also be shielded to
the greatest extent possible so as to minimize the negative impact of such lighting on
adjacent properties and so as not to create a nuisance for surrounding property owners
or be a wildlife attractant.
13. Temporary parking for service vehicles may be permitted on site. No off-site parking
shall be allowed for any service vehicle. Paving for the parking shall be required, where
appropriate, and may not be removed without proper mitigation. No vehicles may remain
parked overnight, with the exception of technicians working at the site during the night. If
a new wireless communications facility is placed on existing parking spaces required by
the use currently on site, the parking spaces shall be replaced so that the current use has
the necessary parking required by Chapter 17.148LEMC. If such replacement of spaces
is not feasible, a variance may be requested.
H. Abandoned sites.
1. Any wireless communications facility that is not continuously operated for a period of
60 days shall be conclusively deemed abandoned.
2. The applicant or operator shall have 60 days after a notice of abandonment is mailed
by the County to make the facility operable, replace the facility with an operable facility, or
remove the facility.
3. Within 90 days of the date the notice of abandonment is mailed, the City may remove
the wireless communications facility at the underlying property owner’s expense and shall
place a lien on the property for the cost of such removal.
4. The owner of the property shall, within 120 days of the City’s removal, return the site to
its approximate natural condition. If the owner fails to do so, the City can restore and
revegetate the site at the property owner’s expense.
5. If there are two or more users of a single facility, the facility shall not be deemed
abandoned until all users abandon it.
17.415.150Reasonable accommodation.
A. Purpose and Intent. This sectionestablishes the procedures to request reasonable
accommodation for persons withdisabilities seeking equal access to housing under the California
Fair Employment and HousingAct, the Federal Fair Housing Act, and the Americans with
Disabilities Act (“the Acts”) in theapplication of zoning law and other land use regulations, policies,
procedures, and conditions ofapproval.
B. Applicability.
1. A request for reasonable accommodation may be made by any person with a disability,
their representative, or any other entity, when the application of zoning law or other land
use regulation, policy, or procedure acts as a barrier to fair housing opportunities.
Exhibit B
Page 39 of 41
2. A person with a disability is a person who has a physical or mental impairment that
limitsor substantially limits one or more major life activities, anyone who is regarded as
havingthis type of impairment, or anyone who has a record of this type of impairment.
3. A request for reasonable accommodation may include a change or exception to the
practices, rules, and standards for the development, siting, and use of housing or housing-
relatedfacilities that would eliminate regulatory barriers and provide a person with a
disability equal opportunity to housing of their choice.
C. Approving Authority. The Community Development Director shall act as the approving authority
for reasonable accommodation applications based on consideration of the requirements of this
section. Requests submitted for concurrent review with another discretionary land use application
shall be reviewed by the approving authority for the discretionary land use application.
D. Required Information. Any person with a disability, or his or her representative, may request
reasonable accommodation on a City application form with the required processing fee(s). An
applicant submitting a request for reasonable accommodation must provide the following
information:
1. The applicant’s name, address, and telephone number;
2. Name and address of the property owner and the owner’s written consent to the
application;
3. Location of the subject property, including address and assessor’s parcel numbers;
4. The current actual use of the subject property;
5. Verifiable documentation of the individual’s disability status;
6. Description of the accommodation request, which could include site plans, floor plans,
and/or details as necessary to define the extent of the accommodation;
7. The regulation(s), policy, or procedure for which accommodation is sought;
8. Reason that the requested accommodation may be necessary for the individual(s) with
thedisability to use and enjoy the dwelling; and
9. Additional information necessary for Planning Division staff to facilitate proper
consideration of the request, consistent with fair housing laws.
E. Procedures.An application for a reasonable accommodation shall be prepared, filed, and
processed in compliance with LEMC Chapter 17.410. No noticing or public hearing arerequired
for a reasonable accommodation request.The Community Development Director shall make a
written determination within 45 days of the application being deemedcomplete and either
approve, modify, or deny a request for reasonable accommodation incompliance with paragraph
F of LEMC Section 17.415.160.
Exhibit B
Page 40 of 41
F. Required Findings: The written decision to grant, grant with modifications, or deny a request
for reasonable accommodation will be consistent with the Acts and shall be based on
consideration of the following factors:
1. Whether the housing, which is the subject of the request, will be used by an individual
defined as disabled under the Acts;
2. Whether the request for reasonable accommodation is necessary to make specific
housing available to an individual with a disability under the Acts;
3. Whether the requested reasonable accommodation would impose an undue financial
or administrative burden on the City;
4. Whether the requested reasonable accommodation wouldrequire a fundamental
alteration of a City program or law, including but not limited to land use and zoning;
5. Whether therequested reasonable accommodation will not, under the specific facts of
the case, result in a direct threat to the health or safety of other individuals or substantial
physical damage to the property of others; and
6. Whether there are alternative reasonable accommodations that provide an equivalent
level of benefit to the applicant.
G. Conditions of Approval. In granting a request for reasonable accommodation, the approving
authoritymay impose anyconditions of approval deemed reasonable and necessary to ensure
that the reasonableaccommodation would comply with the findings required herein. The
conditions shall also state whether the accommodation granted shall be removed in the event that
the person for whomthe accommodation was requested no longer resides on the property.
H. Appeals. Reasonable accommodation decisions may be appealed pursuant to the provisions
set forth insection 17.410.110 LEMC
I. Expiration, Extensions, Discontinuance and Revocation.
1. Expiration. A reasonable accommodation shall expire and become void two years
following the date on which the reasonable accommodation becomes effective, or at an
alternative time specified as a condition of approval, unless:
a. A building permit has been issued and construction commenced;
b. A certificate of occupancy has been issued;
c. The use is established; or
d. A time extension has been granted.
2. Time Extension.
a. The Community Development Director may, upon an application being filed prior to
the expiration and for good cause, grant a time extension of up to two one-year
extensions. Each extension of time shall be granted in one-year increments only.
Exhibit B
Page 41 of 41
Upon granting of an extension, the Community Development Director shall ensure that
conditions of the administrative approval comply with all current LEMC provisions.
b. Notice of the Community Development Director’s decision regarding an extension
of time shall provided in writing, and shall include notice of the right to appeal and to
request reasonable accommodation in the appeals process.
c. The time extension for a reasonable accommodation shall be final unless appealed
pursuant to the provisionsset forth inSection 17.410.110LEMC.
3. Discontinuance. Areasonable accommodation shall terminate if the accommodation is
no longer required,or if the recipient of the accommodation no longer resides at the
property.
4. Revocation. Any reasonable accommodation approved in accordance with this section
may be revoked if any of the conditions or terms of such reasonable accommodation are
violated, or any law or ordinance is violated in connection therewith. Procedures for
revocation shall be the same as those followed for the original reasonable accommodation
application.
J. Amendments. A request for changes in the conditions of approval of a reasonable
accommodation, or a change to plans that would affect a condition of approval shall be treated
as a new application. The Community Development Director may waive the requirement for a
new application if the changes are minor, do not involve substantial alterations or addition to the
plan or the conditions of approval, and are consistent with the intent of the original approval.
Exhibit C
Page 1 of 1
Chapter 17.204
SPD SPECIFIC PLAN DISTRICT
Sections:
17.204.010 Purpose.
17.204.020 Designation.
17.204.030 Allowed uses.
17.204.040 Development standards.
17.204.010 Purpose.
The purpose of the specific plan (SP) district is to designate unique planning areas within the City
for which the City Council has adopted a specific plan, consistent with the General Plan and
Sections 65450 through 65457 of the California Government Code. Specific plan purposes,
content requirements, and procedures are outlined in LEMC Section 17.415.120.
17.204.020 Designation
On the zoning map, all property within a designated specific plan area shall be delineated in a
manner similar to that of any other zoning district. If there are unique zoning regulations and
standards applicable to the land area, such provisions will be established in the adopted specific
plan. In the event there is an inconsistency or conflict between an adopted specific plan and
comparable regulations of this Title, the specific plan will prevail.
17.204.030 Allowed uses
Allowed uses within the specific plan area are those listed uses in the specific planas permitted,
conditionally permitted or not permitted.When a use is not specifically listed as permitted,
conditionally permitted or not permittedin the Specific Plan, the Community Development Director
shall assign the land use or activity to a classification that is substantially similar in character.
Land uses not listed in the Specific Plan as permitted or conditionally permitted not found to be
substantially like a permitted use or conditionally permitted are prohibited.
17.204.040 Development standards
Development standards within the specific plan area are those standards listed in the adopted
specific plan.Where a Specific Plan is silent regarding development standards, the provisions of
this Title shall govern. The Director shall have the authority to determine which provisions of this
Title apply where a Specific Plan is silent.
Exhibit D
Page 1 of 1
The following amendments to Chapter 17.44of the Lake Elsinore Municipal Code, are the
currently adopted text with new text underlinedand deletions in strikethrough.
Section 1. Section 17.44.020.C.of the LEMC is hereby amended to read as follows:
C.Design ReviewApproval Required. Each manufactured home installed on an existinglot in a
designated area shall require design review approval pursuant to Chapter 17.184 LEMC.be
reviewed for compliance with the development standards for the zoning district in which it is
located and with applicable design guidelines.
Section 2.Section 17.44.040 of the LEMC is hereby amended to read as follows:
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 17.168 LEMC Section 17.415.030until such time
as the property is developed in accordance with the provisions of the district.
Section 3.The title of Section 17.44.130 of the LEMC is hereby amended to read as follows:
17.44.130 Design –Detached Ssingle-family detacheddwelling.
Section 4. Section 17.44.130.A. of the LEMC is hereby amended to read as follows:
A.Siting. Houses Detached single-family dwellings should be designed and sited to conform to
the natural terrain as much as possible and to take advantage 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
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.
Section 5. Section 17.44.130of the LEMC is hereby amended to add a new paragraph F to read
as follows:
F. Design Approval Required. Each detached single-family home installed on anexisting lot in a
designated area shallbe reviewed for compliance with the development standards for the zoning
district in which it is located and with applicable design guidelines.
Exhibit E
Page 1 of 2
Chapter 16.30
COMMON INTEREST DEVELOPMENT CONVERSIONS
Sections:
16.30.010 Application.
16.30.020 Application for conversion.
16.30.030 Other requirements.
16.30.040 Correction of deficiencies; required improvements.
16.30.050 Fees.
16.30.060 Certificate of occupancy required.
16.30.010 Application.
This chapter shall apply to all conversions of existing residential real property to condominiums,
community apartments, or stock cooperative projects or any other form of ownership.
16.30.020 Application for conversion.
An application for a common interest development conversion shall include the following:
A. Applicant shall provide written proof that applicant has complied with the requirements of
applicable California statutes regarding the right of existing tenants of such project.
B. Applicant shall submit a detailed “property report” describing the date(s) of original
construction, present useful life of the roof, foundations, mechanical, electrical, plumbing and
existing buildings or structures in such project. Such report shall be prepared and certified by a
registered civil or structural engineer or licensed architect.
C. The applicant shall submit a structural pest report prepared and certified by a licensed
structural pest control operator (see Business and Professions Code Section 8516).
D. To the extent applicable, the aforementioned report requirements may be satisfied by
submission of copies of similar reports filed with State agencies.
16.30.030 Other requirements.
The following are requirements in addition to those set forth in above:
A.Upon receipt of the application and all documents as required, the Community Development
Director shall submit copies of applicable reports or documents to the Fire Department, Building
and Safety Division, and other departments as found necessary.
B. TheCommunity Development Director shall cause an inspection to be made of all buildings
and structures in the existing 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 suchproject to determine the
sufficiency of fire protection systems serving suchproject and report on deficiencies.
Exhibit E
Page 2 of 2
D. The Community Development Director may submit copies of such documents to other
departments for their review and requirements, 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 inadequate in
providing the required information.
F. The Planning Division shall keep and maintain the copies of all such reports required herein,
as public records, for no lessthan five years, and shall send copies thereof to the California Real
Estate Commissioner as may be required by law.
16.30.040. Correction of deficiencies; required improvements.
A. Correction of deficiencies. Corrections required in the building inspection report shall be made
by the developer, at the developer's expense, to the satisfaction of the building official.
Additionally, the following correctionsshall also be completed:
1. The developer shall correct any deficiencies in the fire protection system required by
law.
2. The developer shall repair or replace any damaged or infested areas in need of repair
or replacement as shown in the structural pest control report, which shall be prepared by
a licensed structural pest control operator and dated and filed at least 30 days prior to the
submittal of the final map.
3. The developer shall bring into conformity any zoning ordinance violations.
B. Final inspection report.A final inspection report shall be prepared by the building official prior
to consideration of the final map, indicating compliance with all requirements imposed herein.
16.30.050. Fees.
Prior to any required inspection, the developer shall pay the requiredinspection fee based upon
the number of existing units in said project.
16.30.060. Certificate of occupancy required.
Any project proposed under this sectionshall require the issuance of a certificate of occupancy
by the Building Division. In addition to the aforementioned requirements, all requirements of the
Subdivision Map Act must be complied with.
Exhibit F
Page 1 of 14
The following amendments to Title 17 -Zoningof the Lake Elsinore Municipal Code, are the
currently adopted text with new text underlinedand deletions in strikethrough.
Section 1. Section 17.16.030of the LEMC is hereby amended to read as follows:
All uses permitted in the base district are subject to approval by theDesign Review Board as
required by Chapter 17.184 LEMC design review approval pursuant to LEMC 17.415.050 and
17.415.060and will be evaluated against the site development standards of LEMC 17.16.040.
Section 2. Section 17.40.050.B.of the LEMC is hereby amended to read as follows:
B. Design review and approval shall be subject to LEMC 17.184.11017.415.060.
Section 3.Chapter 17.52 shall be deleted from the Lake Elsinore Municipal Code and shall be
reserved for future use.
Section 4.Chapter 17.56 shall be deleted from the Lake Elsinore Municipal Code and shall be
reserved for future use.
Section 5. Section 17.60.020of the LEMC is hereby amended to read as follows:
Uses permitted in the R-M-R district shall include those uses listed below when developed in
compliance with the purpose and intent of this chapter. Each use shall be evaluated in terms of
its design characteristics and specific site location pursuant to the provisions of Chapter 17.184
LEMC 17.415.050 and 17.415.060.
Section 6. Section 17.60.030of the LEMC is hereby amended to read as follows:
It is recognized thatCcertain uses,while similar in characteristics to permitted uses in LEMC
17.60.020,may have the potential to impact surrounding properties and therefore require
additionalreview, consideration, andapproval by the Cityapproval and consideration. The
followingSuchusesshalltobe permitted in the R-M-Rdistrict subject to the issuance of a
conditional use permit shall require a use permit pursuant to LEMC 17.415.070 and shall include
the following:
Section 7. Section 17.60.150of the LEMC is hereby amended to read as follows:
No building permits shall be issued for the construction of any building or structure in the R-M-R
district unless and until such time that the Planning Commission and/or the City Council review
and approve the design of the building or structure is approvedin accordance with Chapter 17.184
LEMCuntil the applicant has obtained design review approval pursuant to the provisions of LEMC
17.415.050 and 17.415.060.
Section 8. Section 17.64.020 of the LEMC is hereby amended to read as follows:
Uses permitted in thisdistrict shall include those uses listed below when developed in compliance
with the purpose and intent of this chapter. Each use shall be evaluated in terms of its design
characteristics and specific site location pursuant to the provisions of Chapter 17.184LEMC
17.415.050 and 17.415.060.
Exhibit F
Page 2 of 14
Section 9. Section 17.64.020.C.of the LEMC is hereby amended to read as follows:
C. Large and small family Ddaycare and residential care facilities pursuant to Chapter 17.52
LEMC17.415.130.
Section 10. Section 17.64.030of the LEMC is hereby amended to read as follows:
It is recognized that certain uses while similar in characteristics to permitted uses in LEMC
17.64.020 may have the potential to impact surrounding properties and therefore require
additional approval and consideration. Such uses to be permitted in the R-R district shall require
a use permit pursuant to Chapter 17.168LEMC 17.415.070and shall include the following:
Section 11. Section 17.64.030.I.of the LEMC is hereby amended to read as follows:
I. Large family day care homes in compliance with the provisions of Chapter 17.52 LEMC
Reserved.
Section 12. Section 17.64.150of the LEMC is hereby amended to read as follows:
No building permits shall be issued for the construction of any building or structure in the R-R
district until the applicant has obtained design review approval pursuant to the provisions ofLEMC
17.415.050 and 17.415.060.
Section 13. Section 17.68.020 of the LEMC is hereby amended to read as follows:
Uses permitted in thisdistrict shall include those uses listed below when developed in compliance
with the purpose and intent of this chapter. Each use shall be evaluated in terms of its design
characteristics and specific site location pursuant to the provisions of Chapter 17.184 LEMC
17.415.050 and 17.415.060Design Review.
Section 14.Section 17.68.020.C.of the LEMC is hereby amended to read as follows:
C. Large and smallfamily Dday careand residential care facilities pursuant to Chapter 17.52
LEMC17.415.130.
Section 15. Section 17.68.030of the LEMC is hereby amended to read as follows:
It is recognized that certain uses while similar in characteristics to permitted uses in LEMC
17.68.020 may have the potential to impact surrounding properties and therefore require
additional approval and consideration. Such uses to be permitted in the R-Edistrict shall require
a use permit pursuant to Chapter 17.168LEMC 17.415.070and shall include the following:
Section 16. Section 17.68.030.A.of the LEMC is hereby amended to read as follows:
A. Large family day care homes in compliance with the provisions of Chapter 17.52 LEMC
Reserved.
Section 17. Section 17.68.150of the LEMC is hereby amended to read as follows:
Exhibit F
Page 3 of 14
No building permits shall be issued for the construction of any building or structure in the R-E
district until the applicant has obtained design review approval pursuant to the provisions of
Chapter 17.184LEMC17.415.050 and 17.415.060. The following exemptions shall apply:
Section 18. Section 17.72.020 of the LEMC is hereby amended to read as follows:
Uses permitted in thisdistrict shall include those uses listed below when developed in compliance
with the purpose and intent of this chapter. Each use shall be evaluated in terms of its design
characteristics and specific site location pursuant to the provisions of Chapter 17.184LEMC
17.415.050 and 17.415.060Design Review.
Section 19.Section 17.72.020.C.of the LEMC is hereby amended to read as follows:
C. Large and Ssmall familydaycare and residential care facilities pursuant to Chapter 17.52
LEMC17.415.130.
Section 20. Section 17.72.030of the LEMC is hereby amended to read as follows:
It is recognized that certain uses while similar in characteristics to permitted uses in LEMC
17.72.020 may have the potential to impact surrounding properties and therefore require
additional approval and consideration. Such uses to be permitted in the R-Hdistrict shall require
a use permit pursuant to Chapter 17.168LEMC 17.415.070and shall include the following:
Section 21. Section 17.72.030.A.of the LEMC is hereby amended to read as follows:
A. Large family day care homes in compliance with the provisions of Chapter 17.52 LEMC
Reserved.
Section 22. Section 17.72.140of the LEMC is hereby amended to read as follows:
No building permits shallbe issued for the construction of any building or structure in the R-H
district until the applicant has obtained design review approval pursuant to the provisions of
Chapter 17.184LEMC17.415.050 and 17.415.060Design Review. The following exemptions
shall apply:
Section 23. Section 17.76.020 of the LEMC is hereby amended to read as follows:
Uses permitted in thisdistrict shall include those uses listed below when developed in compliance
with the purpose and intent of this chapter. Each use shall be evaluated in terms of its design
characteristics and specific site location pursuant to the provisions of Chapter 17.184LEMC
17.415.050 and 17.415.060Design Review.
Section 24.Section 17.76.020.C.of the LEMC is hereby amended to read as follows:
C. Large and Ssmall familydaycare and residential care facilities pursuant to Chapter 17.52
LEMC17.415.130.
Section 25. Section 17.76.030of the LEMC is hereby amended to read as follows:
It is recognized that certain uses while similar in characteristics to permitted uses in LEMC
17.76.020 may have the potential to impact surrounding properties and therefore require
Exhibit F
Page 4 of 14
additional approval and consideration. Uses permitted subject to approval of a use permit,
pursuant to Chapter 17.168 LEMC, in the R-1 district shall be as follows:Such uses to be
permitted in the R-1 district shall require a use permit pursuant to LEMC 17.415.070 and shall
include the following:
Section 26. Section 17.76.030.B.of the LEMC is hereby amended to read as follows:
B. Large family day care homes in compliance with the provisions of Chapter 17.52 LEMC
Reserved.
Section 27. Section 17.76.140of the LEMC is hereby amended to read as follows:
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 17.184LEMC17.415.050 and 17.415.060Design Review. The following exemptions
shall apply:
Section 28. Section 17.80.020 of the LEMC is hereby amended to read as follows:
Uses permitted in thisdistrict shall include those uses listed below when developed in compliance
with the purpose and intent of this chapter. Each use shall be evaluated in terms of its design
characteristics and specific site location pursuant to the provisions of LEMC 17.415.050 and
17.415.060.
Section 29.Section 17.80.020.G.of the LEMC is hereby amended to read as follows:
G. Large and Ssmall familydaycare and residential care facilities pursuant to Chapter 17.52
LEMC17.415.130.
Section 30. Section 17.80.020 of the LEMC is hereby amended to add a new paragraph L to read
as follows:
L. Condominiums subject to compliance with all provisions of Chapter 17.108 LEMC.
Section 31. Section 17.80.030of the LEMC is hereby amended to read as follows:
It is recognized that certain uses while similar in characteristics to permitted uses in LEMC
17.80.020 may have the potential to impact surrounding properties and therefore require
additional approval and consideration. Such uses to be permitted in the R-2 district shall require
a use permit pursuant to Chapter 17.168LEMC 17.415.070and shall include the following:
Section 32. Section 17.80.030.B.of the LEMC is hereby amended to read as follows:
B. Condominiums subject to compliance with all provisions of Chapter 17.108 LEMC Reserved.
Section 33. Section 17.80.030.E.of the LEMC is hereby amended to read as follows:
E. Large family day care homes in compliance with the provisions of Chapter 17.52 LEMC
Reserved.
Section 34. Section 17.80.210of the LEMC is hereby amended to read as follows:
Exhibit F
Page 5 of 14
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 17.184LEMC17.415.050 and 17.415.060. The following exemptions shall apply:
Section 35. Section 17.84.020 of the LEMC is hereby amended to read as follows:
Uses permitted in thisdistrict shall include those uses listed below when developed in compliance
with the purpose and intent of this chapter. Each use shall be evaluated in terms of its design
characteristics and specific site location pursuant to the provisions of LEMC 17.415.050 and
17.415.060.
Section 36.Section 17.84.020.F.of the LEMC is hereby amended to read as follows:
F. Large and Ssmall familydaycare and residential care facilities pursuant to Chapter 17.52
LEMC17.415.130.
Section 37. Section 17.84.020.G.of the LEMC is hereby amended to read as follows:
G.Small family day care uses when they comply with all requirements of Chapter 17.52 LEMC.
Condominiums subject to compliance with all provisions of Chapter 17.108 LEMC.
Section 38. Section 17.84.030of the LEMC is hereby amended to read as follows:
It is recognized that certain uses,while similar in characteristics to permitted uses in LEMC
17.84.020,may have the potential to impact surrounding properties and therefore require
additional approval and consideration. Such uses to be permitted in the R-3district shall require
a use permit pursuant to Chapter 17.168LEMC 17.415.070and shall include the following:
Section 39. Section 17.84.030.C.of the LEMC is hereby amended to read as follows:
C. Condominiums subject to compliance with all provisions of Chapter 17.108 LEMC Reserved.
Section 40. Section 17.84.030.F.of the LEMC is hereby amended to read as follows:
F. Large family day care homes in compliance with the provisions of Chapter 17.52 LEMC
Reserved.
Section 41. Section 17.84.210of the LEMC is hereby amended to read as follows:
No building permits shall be issued for the construction of any building or structure in the R-3
district until the applicant has obtained design review approval pursuant to the provisions of
Chapter 17.184LEMC17.415.050 and 17.415.060. The following exemptions shall apply:
Section 42. Section 17.86.080of the LEMC is hereby amended to read as follows:
A. No grading or building permit shall be issued for the development of a project in the RMU zone
until the developer has filed an application for design reviewapplicant has obtained design review
approval pursuant to the provisions of LEMC 17.415.050 and 17.415.060, or a conditional use
permit pursuant to LEMC 17.415.070in conjunction with the that includes adesign review
approval, reviewed by all City departments and approved by the City Planning Commission.
Exhibit F
Page 6 of 14
B. The design review approval shall expire after two years unless a building permit has been
issued for the project, or the applicant has filed a request for a one-year extension of time prior to
expiration. The applicant may file additional requests for one-year extensions of time; however,
the expiration of a design review approval shall not be extended beyond a total of three additional
years. All requests for extension are subject to review and approval by the Director of Community
Development.
C. A design review that accompanies a conditional use permit is subject to the same limitations
as the conditional use permit, in accordance with subsection (D) of this section.
D. A conditional use permit approval shall lapse and become void after one year unless a building
permit has been issued for the project and construction has commenced and diligently pursued
toward completion, in accordance with Chapter 17.168 LEMC.
EB. Any alteration or modification of an approved project or its conditions of approval shall require
the written request by the applicant and written approval by the Director of Community
Development.
FC. If a nonresidential use is proposed within a building, its floor area shall comprise no more
than 20 to 30 percent of the total building square footage. If a nonresidential use is proposed on
the same site as the residential project, its footprint shall comprise no more than 20 to 30 percent
of the total acreage on the parcel.
Section 43:Section 17.86.090 of the LEMC is hereby amended to read as follows:
17.86.090 Lake Elsinore Municipal Code references.
Where this chapter is silent, the following chapters or portions thereof in the LEMC shall apply:
1.Definitions Chapter 17.08 LEMC
2.Residential Development Standards Chapter 17.44 LEMC
3.Home Occupation Regulations Chapter 17.48 LEMC
4.Condominiums and Condominium Conversions Chapter 17.88 LEMC
54.Nonresidential Development Standards Chapter 17.112 LEMC
65.Parking Requirements Chapter 17.148 LEMC
76.Medical Marijuana Dispensaries Chapter 17.156 LEMC
87.Nonconforming Uses Chapter 17.164 LEMC
9.Conditional Use Permits Chapter 17.168 LEMC
10.Variances Chapter 17.172 LEMC
118.Noise Control Chapter 17.176 LEMC
12.Administration –Planning Commission and City Council Chapter 17.180 LEMC
13.Design Review Chapter 17.184 LEMC
14.Amendments Chapter 17.188 LEMC
Exhibit F
Page 7 of 14
15.Hearings Chapter 17.192 LEMC
169.Signs –Advertising Structures Chapter 17.196 LEMC
17.Temporary Uses Chapter 17.200 LEMC
10.General Application Processing Procedures Chapter 17.410 LEMC
11.Permitting Requirements Chapter 17.415 LEMC
Section 44.Chapter 17.88 shall be deleted from the Lake Elsinore Municipal Code and shall be
reserved for future use.
Section 45.Chapter 17.96 shall be deleted from the Lake Elsinore Municipal Code and shall be
reserved for future use.
Section 46. Section 17.108.050.A.of the LEMC is hereby amended to read as follows:
A. The procedures for applying the Planned Unit Development Overlay District to any properties
shall be the same as described in Chapter 17.188LEMC 14.415.040for zoning amendments.
Section 47. Section 17.108.050.C. of the LEMC is hereby amended to read as follows:
C. Notices and Public Hearings. Notices and public hearings regarding an application for a PUD
and PUD plan, or a modification to an approved PUD plan, shall be provided in compliance with
Chapter 17.19217.410LEMC, Hearings.
Section 48. Section 17.112.070.B. of the LEMC is hereby amended to read as follows:
B. Nothing within this section is intended to preclude the Planning Commissionapproving
authority, pursuant to design review approval in accordance with Chapter 17.184LEMC
17.415.050 and 17.415.060, from requiring any specific fence or wall to be of a more restrictive
design or height in order to accommodate the situation or setting.
Section 49. Section 17.112.090.O. of the LEMC is hereby amended to read as follows:
O. Sale of Alcoholic Beverages. Establishments engaged in the concurrent sale of motor vehicle
fuel with alcoholic beverages shall abide by the following requirements as a condition pursuant to
the provisions of subsection (D) of this section and Chapter 17.168 LEMC, Conditional Use
PermitsLEMC 17.415.070:
Section 50. Section 17.112.160. of the LEMC is hereby amended to read as follows:
In any commercial or industrial district, the use of the land for horticultural uses may be permitted
until such time as the property is developed in accordance with the provisions of the district,
subject to approval of a use permit pursuant to the provisions of Chapter 17.168LEMC
17.415.070.
Section 51. Section 17.116.020 of the LEMC is hereby amended to read as follows:
Uses permitted in the C-O district shall include those businesses listed below which operate in
compliance with the intent and standards of this district and are conducted entirely withina
Exhibit F
Page 8 of 14
completely enclosed building. Each business shall be evaluated in terms of its operational
characteristics and specific site locationpursuant to the provisions of LEMC 17.415.050 and
17.415.060.
Section 52. Section 17.116.030of the LEMC is hereby amended to read as follows:
It is recognized that certain uses,while similar in characteristics to permitted uses in LEMC
17.116.020,may have the potential to impact surrounding properties and therefore require
additional approval and consideration. Such uses to be permitted in the C-O district shall require
a use permit pursuant to Chapter 17.168LEMC 17.415.070and shall include the following:
Section 53. Section 17.116.060 of the LEMC is hereby amended to read as follows:
The maximum height shall be 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 17.168
LEMC 17.415.070, Conditional Use Permits.
Section 54. Section17.116.070 of the LEMC is hereby amended to read as follows:
A residential structure may be converted to a permitted use, subject to the approval of a
conditional use permit pursuant to the provisions of Chapter 17.168 LEMC17.415.070, provided
the development complies with all development standards and criteria contained herein this
chapter. In approving the use permit, the Planning Commissionapproving authorityshall impose
conditions necessary to assure that the conversion will not impact adjoining properties or the
reasonable use thereof and to provide for adequate parking and circulation, and that the
architectural design of the structure will not detract from the character of the neighborhood (both
residential and commercial).
Section 55. Section 17.116.110 of the LEMC is hereby amended to read as follows:
No building permits shall be issued for the construction of any building or structure in the C-O
district until the applicant has obtained design review approval pursuant to the provisions of
Chapter 17.184LEMC 17.415.050 and 17.415.060.
Section 56. Section 17.120.020 of the LEMC is hereby amended to read as follows:
Uses permitted in the C-1 district shall include those businesses listed below which operate in
compliance with the intent and standards of this district and are conducted entirely within a
completely enclosed building. Each business shall be evaluated in terms of its operational
characteristics and specific site location pursuant to the provisions of LEMC 17.415.050 and
17.415.060.
Section 57. Section 17.120.030 of the LEMC is hereby amended to read as follows:
It is recognized that certain uses while similar in characteristics to permitted uses in LEMC
17.116.02017.120.020may have the potential to impact surrounding properties and therefore
require additional approval and consideration. Such uses to be permitted in the C-1district shall
require a use permit pursuant to Chapter 17.168LEMC 17.415.070and shall include the
following:
Section 58. Section 17.120.100 of the LEMC is hereby amended to read as follows:
Exhibit F
Page 9 of 14
No building permits shall be issued for the construction of any building or structure in the C-1
district until the applicant has obtained design review approval pursuant to the provisions of
Chapter 17.184LEMC 17.415.050 and 17.415.060.
Section 59. Section 17.124.020 of the LEMC is hereby amended to read as follows:
Uses permitted in the C-2district shall include those businesses listed below which operate in
compliance with the intent and standards of this district and are conducted entirely within a
completely enclosed building. Each business shall be evaluated in terms of its operational
characteristics and specific site location pursuant to the provisions of LEMC 17.415.050 and
17.415.060.
Section 60. Section 17.124.030 of the LEMC is hereby amended to read as follows:
It is recognized that certain uses,while similar in characteristics to permitted uses in LEMC
17.124.020,may require outdoor operation and/or have the potential to impact surrounding
properties and therefore require additional approval and consideration. Such uses to be permitted
in the C-2district shall require a use permit pursuant to Chapter 17.168LEMC 17.415.070and
shall include the following:
Section 61. Section 17.124.040 of the LEMC is hereby amended to read as follows:
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 17.184LEMC 17.415.050 and
17.415.060and which share reciprocal facilities such as parking and access, smaller lots in the
form of individual pads may be permitted provided 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 62. Section 17.124.120 of the LEMC is hereby amended to read as follows:
No building permits shall be issued for the construction of any building or structure in the C-2
district until the applicant has obtained design review approval pursuant to the provisions of
Chapter 17.184LEMC 17.415.050 and 17.415.060.
Section 63. Section 17.128.020 of the LEMC is hereby amended to read as follows:
Uses permitted in the C-P district 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 characteristics and specific site location pursuant to the
provisions of LEMC 17.415.050 and 17.415.060.
Section 64. Section 17.128.030 of the LEMC is hereby amended to read as follows:
It is recognized that certain uses while similar in characteristics to permitted uses in LEMC
17.128.020 may require outdoor operation and/or have the potential to impact surrounding
properties and therefore require additional approval and consideration. Such uses to be permitted
in the C-Pdistrict shall require a use permit pursuant to Chapter 17.168LEMC 17.415.070and
shall include the following:
Exhibit F
Page 10 of 14
Section 65. Section 17.128.120 of the LEMC is hereby amended to read as follows:
No building permits shall be issued for the construction of any building or structure in the C-P
district until the applicant has obtained design review approval pursuant to the provisions of
Chapter 17.184LEMC 17.415.050 and 17.415.060.
Section 66. Section 17.132.020 of the LEMC is hereby amended to read as follows:
Uses permitted in the C-M district shall include those businesses listed below which operate in
compliance with the intent and standards of this district and are conducted entirely within a
completely enclosed building. Each business shall be evaluated in terms of its operational
characteristics and specific site location pursuant to the provisions of LEMC 17.415.050 and
17.415.060.
Section 67. Section 17.132.030 of the LEMC is hereby amended to read as follows:
It is recognized that certain uses while similar in characteristics to permitted uses in LEMC
17.132.020 may require outdoor operation and/or have the potential to impact surrounding
properties and,therefore,require additional approval and consideration. Such uses to be
permitted in the C-M district shall require a use permit pursuant to Chapter 17.168LEMC
17.415.070and shall include the following:
Section 68. Section 17.132.040.A.7. of the LEMC is hereby amended to read as follows:
7. All outdoor storage shall be subject to the approval of a conditional use permit pursuant to
Chapter 17.168LEMC 17.415.070and shall also be reviewed to ensure adequate provision of
screening of storage areas. Storage materials shall not be visible from public rights-of-way,
including freeways, or adjacent residential or commercial properties.
Section 69. Section 17.132.130 of the LEMC is hereby amended to read as follows:
No building permits shall be issued for the construction of any building or structure in the C-M
district until the applicant has obtained design review approval pursuant to the provisions of
Chapter 17.184LEMC 17.415.050 and 17.415.060.
Section 70. Section 17.134.080 of the LEMC is hereby amended to read as follows:
A. No grading or building permit shall be issued for the development of a project in the CMU zone
until the developer has filed an application for design reviewapplicant has obtained design review
approval pursuant to the provisions of LEMC 17.415.050 and17.415.060, or a conditional use
permit pursuant to LEMC 17.415.070 in conjunction with the that includes adesign review
approval, reviewed by all City departments and approved by the City Planning Commission.
B. The design review approval shall expire after two years unless a building permit has been
issued for the project, or the applicant has filed a request for a one-year extension of time prior to
expiration. The applicant may file additional requests for one-year extensions of time; however,
the expiration of a design review approval shall not be extended beyond a total of three additional
years. All requests for extension are subject to review and approval by the Director of Community
Development.
Exhibit F
Page 11 of 14
C. A design review that accompanies a conditional use permit is subject to the same limitations
as the conditional use permit, in accordance with subsection (D) of this section.
D. A conditional use permit approval shall lapse and become void after one year unless a building
permit has been issued for the project and construction has commenced and diligently pursued
toward completion, in accordance with Chapter 17.168 LEMC.
EB. Any alteration or modification of an approved project or its conditions of approval shall require
the written request by the applicant and written approval by the Director of Community
Development.
FC. Fifty percent or more of the project’s gross floor area shall be devoted to commercial uses
within the CMU zone.
GD. Access to residential units shall be provided separately from commercial uses, in an enclosed
and locked foyer. Buildings requiring an elevator access to residential units shall provide the
elevator in a locked foyer on the ground floor.
HE. Adequate internal and external lighting shall be provided for security purposes. Lighting shall
be energy efficient, stationary, downcast, and deflected away from residential units, adjacent
properties and public rights-of-way. A lighting plan shall accompany the design review or
conditional use permit application to ensure that no light conflicts with adjacent residential uses,
and that safety is addressed in all areas of the project.
Section 71:Section 17.134.090 of the LEMC is hereby amended to read as follows:
17.86.090 Lake Elsinore Municipal Code references.
Where this chapter is silent, the following chapters or portions thereof in the LEMC shall apply:
1.Definitions Chapter 17.08 LEMC
2.Residential Development Standards Chapter 17.44 LEMC
3.Home Occupation Regulations Chapter 17.48 LEMC
4.Condominiums and Condominium Conversions Chapter 17.88 LEMC
54.Nonresidential Development Standards Chapter 17.112 LEMC
65.Parking Requirements Chapter 17.148 LEMC
76.Medical Marijuana Dispensaries Chapter 17.156 LEMC
87.Nonconforming Uses Chapter 17.164 LEMC
9.Conditional Use Permits Chapter 17.168 LEMC
10.Variances Chapter 17.172 LEMC
118.Noise Control Chapter 17.176 LEMC
12.Administration –Planning Commission and City Council Chapter 17.180 LEMC
13.Design Review Chapter 17.184 LEMC
14.Amendments Chapter 17.188 LEMC
Exhibit F
Page 12 of 14
15.Hearings Chapter 17.192 LEMC
169.Signs –Advertising Structures Chapter 17.196 LEMC
17.Temporary Uses Chapter 17.200 LEMC
10.General Application Processing Procedures Chapter 17.410 LEMC
11.Permitting Requirements Chapter 17.415 LEMC
Section 72. Section 17.136.020 of the LEMC is hereby amended to read as follows:
Uses permitted in the M-1 district 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 interms of its operational characteristics and specific site location
pursuant to the provisions of LEMC 17.415.050 and 17.415.060.
The requisite number of parking spaces specified in LEMC 17.148.030(C) shall be provided
unless a parking determination pursuant to LEMC 17.148.030(D) is approved by the Planning
Commissionapproving authorityfor a particular use. A parking determination does not run with
the land. A new determination is required upon any changes in business operation characteristics
or a change of use which results in an increased demand for parking.The requisite number of
parking spaces specified in LEMC 17.148.030(C) shall be provided unless a parking
determination pursuant to LEMC 17.148.030(D) is approved by the Planning Commission for a
particular use. A parking determination does not run with the land. A new determination is required
upon any changes in business operation characteristics or a change of use which results in an
increased demand for parking.
Section 73. Section 17.136.030 of the LEMC is hereby amended to read as follows:
It is recognized that certain uses while similar in characteristics to permitted uses in LEMC
17.136.020 may orhave the potential to impact surrounding properties and therefore require
additional approval and consideration. Such uses to be permitted in the M-1 district shall require
Planning Commission review and approval ofa use permit pursuant to Chapter 17.168LEMC
17.415.070and shall include the following:
Section 74. Section 17.136.040.A.7. of the LEMC is hereby amended to read as follows:
7. All outdoor storage shall be subject to the approval of a conditional use permit pursuant to
Chapter 17.168LEMC 17.415.070and shall also be reviewed to ensure adequate provision of
screening of storage areas. Storage materials shall not be visible from public rights-of-way,
including freeways, or adjacent residential or commercial properties
Section 75. Section 17.136.140 of the LEMC is hereby amended to read as follows:
No building permits shall be issued for the construction of any building or structure in the M-1
district until the applicant has obtained design review approval pursuant to the provisions of
Chapter 17.184LEMC 17.415.050 and 17.415.060.
Section 76. Section 17.140.020 of the LEMC is hereby amended to read as follows:
Exhibit F
Page 13 of 14
Uses permitted in the M-2 district 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
pursuant to the provisions of LEMC 17.415.050 and 17.415.060.
The requisite number of parking spaces specified in LEMC 17.148.030(C) shall be provided
unless a parking determination pursuant to LEMC 17.148.030(D) is approved by the Planning
Commissionapproving authority for a particular use. A parking determination does not run with
the land. A new determination is required upon any changes in business operation characteristics
or a change of use which results in an increased demand for parking.
Section 77. Section 17.140.030 of the LEMC is hereby amended to read as follows:
It is recognized that certain uses while similar in characteristics to permitted uses in LEMC
17.140.020 may orhave the potential to impact surrounding properties and therefore require
additional approval and consideration. Such uses to be permitted in the M-2 district shall require
Planning Commission review and approval ofa use permit pursuant to Chapter 17.168LEMC
17.415.070and shall include the following:
Section 78. Section 17.140.040.A.8. of the LEMC is hereby amended to read as follows:
8. All outdoor storage shall be subject to the approval of a conditional use permit pursuant to
Chapter 17.168LEMC 17.415.070and shall also be reviewed to ensure adequate provision of
screening of storage areas. Storage materials shall not be visible from public rights-of-way,
including freeways, or adjacent residential or commercial properties
Section 79. Section 17.140.140 of the LEMC is hereby amended to read as follows:
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 17.184LEMC 17.415.050 and 17.415.060.
Section 80. Section 17.144.020 of the LEMC is hereby amended to read as follows:
Uses permitted in the M-3 district shall include those businesses listed below which operate in
compliance with the purpose, intent and standards of this district, are conducted on a contiguous
area of not less than 300 acres unless otherwise permitted in LEMC 17.144.030, maintain an
exterior environment meeting all State and Federal regulations pertaining to 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
pursuant to the provisions of LEMC 17.415.050 and 17.415.060.
Section 81. Section 17.144.040 of the LEMC is hereby amended to read as follows:
It is recognized that certain uses while similar in characteristics to permitted uses in LEMC
17.144.020 may have the potential to impact surrounding properties and therefore require
additional approval and consideration. The following uses are permitted provided a conditional
use permit has been grantedpursuant toChapter 17.168LEMCSuch uses to be permitted in the
Exhibit F
Page 14 of 14
M-3 district shall require a use permit pursuant to LEMC 17.415.070and shall include the
following:
Section 82.Chapter 17.168 shall be deleted from the Lake Elsinore Municipal Code and shall be
reserved for future use.
Section 83.Chapter 17.172 shall be deleted from the Lake Elsinore Municipal Code and shall be
reserved for future use.
Section 84.Chapter 17.180 shall be deleted from the Lake Elsinore Municipal Code and shall be
reserved for future use.
Section 85.Chapter 17.184 shall be deleted from the Lake Elsinore Municipal Code and shall be
reserved for future use.
Section 86.Chapter 17.186 shall be deleted from the Lake Elsinore Municipal Code and shall be
reserved for future use.
Section 87.Chapter 17.188 shall be deleted from the Lake Elsinore Municipal Code and shall be
reserved for future use.
Section 88.Chapter 17.192 shall be deleted from the Lake Elsinore Municipal Code and shall be
reserved for future use.
Section 89.Chapter 17.200 shall be deleted from the Lake Elsinore Municipal Code and shall be
reserved for future use.