Chapter 17.112
NONRESIDENTIAL DEVELOPMENT STANDARDS
Sections:
17.112.030 Operation in general.
17.112.080 Self-serve devices.
17.112.090 Gasoline dispensing establishments.
17.112.100 Automobile storage.
17.112.140 Circulation patterns.
17.112.150 Dust and erosion control.
17.112.160 Agricultural land use.
17.112.170 Conversion of structure.
17.112.010 Purpose.
The following general provisions are intended to apply to all nonresidential projects within the City of Lake Elsinore regardless of zoning district. However, these standards shall take precedence only when a specific zoning district regulation does not specify greater or more restrictive criteria. Where a provision is expressed as a design guideline, said provision shall be a principal factor in the consideration of any project and subsequent approval(s). [Ord. 772 § 17.38.010, 1986. Code 1987 § 17.38.010].
17.112.020 Temporary uses.
The following temporary uses may be permitted upon review and conditional approval by the Director of Community Development Services:
A. Temporary on-site construction offices/facilities.
B. Continued use of an existing building during site preparation or construction of a new building.
C. On-site leasing and sales offices.
D. On-site real estate signs and future development signs in conformance with Chapter 17.196 LEMC, Signs – Advertising Structures.
The above uses shall be approved for a specified period of time, not to exceed one year, and a performance bond may be required to remove any structures at the end of the approved period of use. [Ord. 772 § 17.38.020, 1986. Code 1987 § 17.38.020].
17.112.030 Operation in general.
All commercial and industrial uses required to be operated in a completely enclosed building shall be operated in such a way as to produce no objectionable noise or odors outside its own building’s or unit’s walls. [Ord. 772 § 17.38.030, 1986. Code 1987 § 17.38.030].
17.112.040 Lighting.
All outdoor lighting fixtures in excess of 60 watts shall be oriented and shielded to prevent direct illumination above the horizontal plane passing through the luminaire and prevent any glare or direct illumination on adjacent properties or streets. Due to the City’s proximity to the Mount Palomar Observatory, the use of low pressure sodium lighting shall be encouraged. [Ord. 853 § 1, 1989; Ord. 772 § 17.38.040, 1986. Code 1987 § 17.38.040].
17.112.060 Landscaping.
New nonresidential development shall have all required landscaping installed at the time of occupancy, and said landscaping shall be provided with irrigation systems which comply with minimum standards on file with the City. All landscaping and irrigation systems shall be maintained in good condition for as long as the use on the property continues. All developments shall be responsible for landscaping and maintenance of adjacent parkways. [Ord. 772 § 17.38.060, 1986. Code 1987 § 17.38.060].
17.112.070 Fences and walls.
A. Where required, an opaque fence or wall shall be a minimum of six feet as measured from the highest grade elevation on either side of the fence or wall. The following exceptions shall apply:
1. In required front yards adjacent to the public right-of-way, the maximum height of a fence or wall shall be 36 inches.
2. Any fence or wall which is located within 50 feet of a public right-of-way shall be constructed of decorative masonry block.
3. Along a street identified in the General Plan Circulation Element as a modified collector or larger, the Planning Commission, pursuant to design review approval, may require a perimeter wall to be eight feet in height or higher.
B. Nothing within this section is intended to preclude the approving authority, pursuant to design review approval in accordance with LEMC 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.
C. Where security fencing is installed, a minimum of 10 parking spaces shall remain unenclosed and all circulation patterns shall be maintained.
D. All walls in excess of eight feet in total height shall require specific approval of the Planning Commission. [Ord. 1415 § 3 (Exh. F § 48), 2019; Ord. 853 § 1, 1989; Ord. 772 § 17.38.070, 1986. Code 1987 § 17.38.070].
17.112.080 Self-serve devices.
Self-serve devices, including, but not limited to, newspaper racks, ice machines, and collection containers for recyclable material, may be permitted in all districts subject to approval by the Director of Community Development prior to installation. In approving the location of said devices the Director shall ensure that the device:
A. Complies with all other City codes and ordinances.
B. Will not interfere with pedestrian and vehicular circulation patterns.
C. Will not encroach into a public right-of-way.
D. Will not encroach into required parking, setback, or landscape areas. [Ord. 772 § 17.38.080, 1986. Code 1987 § 17.38.080].
17.112.090 Gasoline dispensing establishments.
The provisions of this section shall apply to all new construction, reconstruction, and addition or conversion of use for service stations and other places where motor vehicle fuels are dispensed to the public.
A. Site. All new sites for gasoline dispensing establishments shall have a minimum net lot area of 15,000 square feet and a frontage of 125 feet on any street having a driveway.
B. Pumps. All gasoline pumps and pump islands upon which they are placed shall be set back a minimum of 30 feet from any property line.
C. Canopies. Canopies shall be set back a minimum of 20 feet from any property line.
D. Activities. The following activities may be permitted: dispensing of gasoline, diesel fuels, oil, grease, tires, batteries, and replacement parts and installation of the items enumerated.
Heavy engine or transmission repair to include replacement shall not be permitted in a service station established pursuant to this chapter. Convenience stores, mini-marts, and car washes whether automatic or manual shall be permitted in conjunction with a service station subject to approval of a conditional use permit. All such uses shall be conducted within a completely enclosed building.
E. Repair and Servicing. All repair equipment including hydraulic hoists, portable jacks, pits, alignment equipment, and tire equipment and all servicing other than dispensing of fuel and oil shall be entirely enclosed within a building.
F. Circulation. No more than two points of ingress shall be allowed to any street; however, the Planning Commission may find two points of ingress to be inappropriate and, therefore, not permitted at all locations due to traffic considerations. No driveway shall be allowed to encroach into a corner radius; further, the driveway locations may be further restricted by the Planning Commission to reduce traffic problems and protect pedestrian and vehicular traffic. No more than one access drive may be permitted from any arterial street.
G. Parking. Vehicles shall not be parked on the premises other than in designated parking spaces.
No overnight parking shall be permitted except for vehicles under repair when maintained within a fully enclosed building. When a mini-mart or convenience store is operated in conjunction with the gasoline station, a minimum of five parking spaces shall be provided and conveniently located to serve store customers. All car wash installations shall provide adequate stacking distance for a minimum of four vehicles at the entry of the facility. Parking areas for air and water servicing, drying and vacuuming shall be clearly provided.
H. Walls. A decorative masonry wall a minimum of six feet in height shall be constructed and maintained along all interior property lines abutting residential property. Where such walls abut or are adjacent to commercial/office uses they shall be not less than five feet in height. A minimum five-foot landscape planter shall be provided adjacent to the wall. Walls may be waived where the gasoline dispensing facility and abutting commercial or industrial use share a common driveway.
Said wall shall be reduced to 36 inches within required yards adjacent to a public right-of-way.
I. Signs. All price signs shall be limited to monument style and shall satisfy the minimum size and number required by State law. All such signs shall be incorporated as an integral part of the business’ permanent signage in such a manner as not to detract from the appearance of the primary sign. Price signs shall not be affixed to light standards or other nonsign structures. Advertising displays and devices other than approved signs shall be prohibited.
J. Towing Operations. Towing operations, clearly incidental to, and in conjunction with, a permitted gasoline dispensing establishment may be permitted provided trucks when on site are parked within approved parking spaces. Such spaces shall be located to the rear of the property, shall be screened from public view and shall be clearly identified on submitted development plans. No on-site storage of towed vehicles, other than those towed in for minor repair, may occur. Overnight storage shall be subject to subsection (G) of this section.
K. Design. Except as otherwise provided in this section, gasoline dispensing establishments shall comply with the design concepts and standards contained in this chapter and within the individual district chapters of this title as required for all other commercial businesses.
L. Restrooms. Men’s and women’s restrooms shall be provided and made available to customers. Separate facilities shall be provided for each sex and maintained open to the public during business hours and kept in a sanitary and working condition.
M. Handicap Accessibility. All buildings, service locations and restrooms shall be handicap accessible and usable as established by either State standards or locally adopted handicap standards.
N. Loading Facilities. Loading facilities to serve convenience marts and fuel tanks shall be located such that they do not block or restrict circulation drives on site.
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 LEMC 17.415.070:
1. No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler as of January 1, 1988.
2. No advertisement of alcoholic beverages shall be displayed at motor fuel islands.
3. No sale of alcoholic beverages shall be made from a drive-in window.
4. No display or sale of beer or wine shall be made from an ice tub.
5. No beer or wine advertising shall be located on motor fuel islands and no self-illuminated advertising for beer or wine shall be located on buildings or windows.
6. Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age to sell beer and wine. [Ord. 1415 § 3 (Exh. F § 49), 2019; Ord. 827 § 1, 1988; Ord. 772 § 17.38.090, 1986. Code 1987 § 17.38.090].
17.112.100 Automobile storage.
Automobiles parked in any required parking space shall be drivable, clearly operational in general, and have a current license and registration. [Ord. 772 § 17.38.100, 1986. Code 1987 § 17.38.100].
17.112.110 Design.
The City of Lake Elsinore is primarily a rural-residential community. Accordingly, commercial and industrial development should be designed to reflect the residential nature and character of the City and to recognize and maintain the development patterns, landscape features, materials and forms that are fundamental to the City’s environmental setting. A visitor to the City should not sense a great distinction between land use zones but rather should find such similar attributes as well-landscaped yard areas and attractive and visually interesting buildings providing a harmonious transition between districts.
The “business park” concept probably best illustrates the character of development that the City desires and encourages. The most representative look of this concept is a street bordered by decoratively landscaped setback areas with attractive buildings and well-landscaped parking lots just beyond. Outdoor work areas and storage are well screened. Among the basic principles necessary to achieve this image are the following:
A. Siting. Projects should present a clean and attractive streetscape while satisfying the functional needs of the owner or tenant. The focus of the project should not be on such unattractive entities as storage yards, loading activities, or mechanical equipment; but should instead be on those items that are inherently attractive or can be visually enhanced such as landscaping, natural lot features, entrances, or major tenant structures.
Buildings should be located to the front of the site and work areas to the rear. Where the work areas remain visible to a public right-of-way they should be screened using walls, gates, landscaping or combinations thereof. Trash should be located in the work areas and appropriately screened.
B. Architecture. All buildings should be designed to enhance their surroundings. Variety of building design and form is encouraged; however consideration should be given to patterns of neighboring development so that no project interferes with the privacy, quiet, view or function of its neighbors or is at such architectural variance that its design detracts from the district as a whole.
Industrial buildings by their very nature tend to be quite large and box-like. However, buildings that are merely undifferentiated rectangular forms, i.e., plain boxes, will not satisfy the City’s aesthetic requirements. Instead, buildings shall be expected to employ treatments, such as the staggering of planes along exterior walls to create pockets of light and shadow, to break up the mass and provide relief from monotonous, uninterrupted expanses of wall. Other features, such as the use of curved corners and varying roof lines should also be considered as means to dramatically change the appearance and add vitality.
In order to improve the appearance of a project from adjacent rights-of-way, the rear elevation of those structures facing the right-of-way should receive special architectural enhancement.
Screen walls and accessory structures (i.e., canopies, etc.) which adjoin the building should be treated as extensions of the building and therefore employ design elements reflective of the primary architecture.
Signs and graphics also play an important role, and therefore from the start the building design should allocate space for the logical and integrated placement of signs (including address).
Finally, there are a myriad of miscellaneous concerns that can impact the appearance of the building and need to be addressed. These include such matters as zero lot line parapets, grade differentials, existing requirements, etc. As a rule these matters should be resolved in a way which accommodates the primary architectural statement of the building. For example, in the case of the zero lot line parapet, adjoining parapets should be raised the additional amount so that the building’s exterior design treatment is continuous and unbroken.
C. Colors and Materials. Sensitive alteration of colors and materials should be used to produce diversity and enhance architectural effects. While no category of exterior materials is considered “correct,” the use of a particular material should, as a rule, exemplify the special characteristics of the product or be demonstrative of its unique application. For example, the use of tilt-up panels employing formed designs or with exposed aggregate is preferable to smooth-surfaced or painted panels. Similarly, metal as an enhancement material is acceptable while plain metal buildings are not. Paint, in general, should be considered an enhancement tool but should not be considered a replacement for the use of textured surfaces.
D. Ancillary Equipment. Another important consideration is that the myriad of attendant mechanical and electrical equipment associated with the building not disrupt or detract from the architecture. To this end, all roof equipment should be screened from view from off site; and the required screening should be provided as an integral aspect of the building’s design. Where design necessitates the use of add-on screening, such screening shall be constructed of anodized aluminum or similar durable material (wood screens are not acceptable).
Wall-mounted items such as roof ladders and electrical panels should be located within the interior of the building or in specially designed areas. Where down-spouts are visible from a public right-of-way they too should be located within the interior of the building.
E. Entrances. The treatment of major building entrances is an important aspect of strengthening tenant identity and thereby helping to assure the continued viability of an industrial project. The closer a company is associated with its facility, the more likely that company will maintain the facility in good condition. To assure good entries, project design shall incorporate special architectural and landscape enhancement features at entry areas to serve to focus the attention of visitors. Such features shall include measures to separate and ease pedestrian access from parking areas and to separate the entries from the more intense work areas.
F. Loading Areas. The primary objective of the design of loading areas should be to make them useful. There should be adequate truck maneuvering area for the size of truck anticipated. Trucks utilizing loading docks should not encroach upon drive aisles or parking spaces. In no case should trucks have to use a public right-of-way to maneuver into a loading space and this shall include the necessity to have to back from a public right-of-way.
Secondly, in order to maintain attractive vistas within commercial and industrial areas, loading doors should be screened to prevent direct visibility into them from adjacent streets. Such screening should be provided as an aspect of the integral design of the building. Landscaping may be used to provide supplemental screening provided sufficient quantities and proper types of material are utilized. [Ord. 772 § 17.38.110, 1986. Code 1987 § 17.38.110].
17.112.120 Trash enclosures.
Trash enclosures shall be constructed pursuant to the City’s standard design on file with the Department of Building and Safety. Said enclosures shall be provided based on a minimum ratio of one three-cubic-yard container enclosure for each:
A. Five thousand square feet of total floor area for units up to 20,000 square feet.
B. Ten thousand square feet of total floor area for units larger than 20,000 square feet and up to 50,000 square feet.
C. Fifteen thousand square feet of total floor area for units larger than 50,000 square feet.
In determining the number of enclosures to be provided, all resultant numbers shall be rounded up to the next whole integer.
Enclosures shall be placed in a location convenient to the unit(s) it is intended to serve and in no case shall an enclosure be located further than 100 feet from the associated unit(s). A decorative trellis work shall be incorporated into the design of any enclosure located within 25 feet of a two-story building having windows overlooking the enclosure. [Ord. 772 § 17.38.120, 1986. Code 1987 § 17.38.120].
17.112.130 Mailboxes.
When utilized, common-collection mailboxes within an industrial or commercial complex shall be installed pursuant to the design standards on file with the Department of Building and Safety. The location of all mailboxes shall be reviewed with the Planning Division prior to installation. Common-collection mailboxes should be located in decorative housings which incorporate similar materials, colors, and textures utilized on the building within the complex. The area for the mailbox should be of sufficient size to enable patrons to pick up or deposit mail without having to encroach upon landscaping, walks, or parking. The housing for the mailbox should offer patrons protection from the elements. [Ord. 772 § 17.38.130, 1986. Code 1987 § 17.38.130].
17.112.140 Circulation patterns.
Circulation patterns within commercial and industrial districts shall be designed to minimize the number of curb cuts required. Curb cuts should be located as far as possible from intersections and whenever possible be aligned with others on the opposite side of the street. [Ord. 772 § 17.38.140, 1986. Code 1987 § 17.38.140].
17.112.150 Dust and erosion control.
On all properties which are to be developed in phases but for which mass grading is proposed, measures shall be taken to provide for proper dust and erosion control. To ensure compliance with this section, the Planning Commission, pursuant to design review, may require the vacant areas to be landscaped (including irrigation), cash bonds to be posted to pay for water trucks, the soil to be treated with sealers, or any combination thereof. [Ord. 772 § 17.38.150, 1986. Code 1987 § 17.38.150].
17.112.160 Agricultural land use.
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 LEMC 17.415.070. [Ord. 1415 § 3 (Exh. F § 50), 2019; Ord. 772 § 17.38.160, 1986. Code 1987 § 17.38.160].
17.112.170 Conversion of structure.
The conversion of residential structures, service stations, and nonconforming structures in nonresidential zones from one use to another shall require approval of a conditional use permit pursuant to the provisions of LEMC 17.415.070. In approving the use permit, the Planning Commission shall impose conditions necessary to assure that the conversion will not impact adjoining properties or the reasonable use thereof, and to provide for adequate parking and circulation and that the architectural design and materials will not detract from the character of the neighborhood. Such conversion shall also be required to provide for any public improvements that would normally be required for new construction. [Ord. 772 § 17.38.170, 1986. Code 1987 § 17.38.170].