Chapter 17.128 — C-P COMMERCIAL PARK DISTRICT

The intent of the C-P district is to reserve appropriate locations consistent with the General Plan to accommodate the needs of tourists and recreational enthusiasts and to protect such areas from intrusion by incompatible uses. The City of Lake Elsinore recognizes that its scenic and recreational resources are of great economic and social importance to the City and the region and therefore permits in this district only uses which are environmentally sensitive and which are capable of contributing to the long-term quality and viability of the area. (Code 1987 § 17.52.010; Ord. 772 § 17.52.010, 1986)

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 .

• A. Arboretums and horticultural gardens.

• B. Art galleries.

• C. Antique shops and auction galleries.

• D. Automobile rental agencies; offices only.

• E. Barber and beauty shops.

• F. Bait shops.

• G. Boat and boat accessory sales; and repair when in conjunction with sales.

• H. Bowling alleys, miniature golf courses, theaters, and skating rinks (ice or roller).

• I. Bicycle rental shops.

• J. Convention and conference centers.

• K. Florists.

• L. Gift, novelty, and souvenir shops.

• M. Ice cream shops.

• N. Jewelry stores.

• O. Motels and hotels.

• P. Museums.

• Q. Observatories.

• R. Private marine, estuarial, wildlife and wilderness preserves.

• S. Restaurants and eating places; excluding drive-ins, drive-throughs, and those with outdoor eating areas.

• T. Sports arenas; indoor only.

• U. Ticket agencies.

• V. Travel agencies and bureaus.

W. Other uses that the Community Development Director determines to be in accord with the purpose of this chapter and having characteristics similar to those uses listed in this section. (Code 1987 § 17.52.020; Ord. 772 § 17.52.020, 1986; Ord. 853 § 1, 1989; Ord. 1415 § 3 (Exh. F § 63), 2019)

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-P district shall require a use permit pursuant to LEMC § 17.415.070 and shall include the following:

• A. Automobile rental agencies with uses other than office only.

• B. Bars and cocktail lounges not in conjunction with a restaurant.

• C. Boat landings.

• D. Bus depots and transit stations.

• E. Dance halls, discotheques, or any establishment providing live entertainment.

• F. Fishing piers.

• G. Game arcades; includes any establishment having five or more mechanical or electronic games of chance, skill or entertainment, whether as the primary use or in conjunction with another business, but excluding vending machines dispensing or product for sale.

• H. Golf courses and driving ranges.

• I. Heliports.

• J. Marinas.

• K. Outdoor sales and display incidental and accessory to a permitted use.

• L. Restaurants with outdoor eating areas.

• M. Structures exceeding the maximum height permitted by LEMC § 17.128.080 .

• N. Tennis clubs.

• O. Theme amusement parks.

• P. Other uses that the Planning Commission finds by resolution to be in accord with the purpose of this chapter and having characteristics similar to those uses listed in this section. A list of these uses shall be maintained in the Planning Division for future reference.

• (Code 1987 § 17.52.030; Ord. 772 § 17.52.030, 1986; Ord. 853 § 1, 1989; Ord. 1415 § 3 (Exh. F § 64), 2019)

The following accessory buildings and uses may be located on the same lot with a permitted use; provided, that they remain clearly incidental and secondary to the primary use, are found to be compatible with the character of the Commercial Park District, and that all buildings or structures are harmonious with the architectural style of the main building(s). No accessory structure shall be located in a front setback area.

The following uses when operated in conjunction with a hotel or motel even though individually they may have required a use permit:

• A. Bars and cocktail lounges.

• B. Boat landings.

• C. Dance halls, discotheques, or any establishment providing live entertainment.

• D. Fishing piers.

• E. Game arcades; includes any establishment having five or more mechanical or electronic games of chance, skill or entertainment, whether as the primary use or in conjunction with another business, but excluding vending machines dispensing a product for sale.

• F. Golf courses and driving ranges.

• G. Health studios and exercise clubs.

• H. Tennis clubs.

(Code 1987 § 17.52.040; Ord. 772 § 17.52.040, 1986)

There shall be no minimum lot size required for a C-P parcel. However, in establishing and maintaining locations or approving uses for the C-P district it shall be demonstrated that the property is capable of compliance with the following criteria:

• A. The site can support safe and efficient on-site circulation and has convenient access to surface streets with adequate capacity.

• B. There is sufficient parcel size to ensure adequate buffering and screening where needed to protect residential developments.

• C. The site is physically suitable for the proposed type and density of development and capable of permitting full compliance with the City's development standards and practices.

• (Code 1987 § 17.52.050; Ord. 772 § 17.52.050, 1986)

The following minimum standards shall apply to all new construction in the C-P district:

• A. The front yard setback for any building or parking area shall average 25 feet, but shall not be less than 20 feet. However, City Council may allow a 10-foot reduction in the setback requirements to parking areas where enhanced decorative walls, artwork, public amenities (e.g., fountains or public seating areas) or other similar outstanding design features are provided to the satisfaction of the City Council.

• B. Side and Rear Yard. No setback shall be required from interior lot lines except adjacent to a public right-of-way or a residential use, in which case the minimum setback be as prescribed for the front yard setback.

Because of the unique characteristics of the district, it is important that incompatible elements of a site design not impact uses on an adjoining property regardless of zoning. When the Planning Commission deems that a potential for adverse impact exists, it may, pursuant to the design review process, impose side and rear yard setbacks where none are otherwise required. (Code 1987 § 17.52.060; Ord. 772 § 17.52.060, 1986; Ord. 853 § 1, 1989)

Except as otherwise provided by LEMC § 17.128.030 , the maximum building height shall be 50 feet. (Code 1987 § 17.52.080; Ord. 772 § 17.52.080, 1986)

All area not utilized for structures, parking, or other permitted uses shall be landscaped. In addition, the following minimum standards shall apply:

• A. Adjacent to Street. A continuous area, a minimum of 15 feet and an average of 20 feet in depth, shall be landscaped and maintained between the parking area and the public right-of-way. Parking areas should be screened as much as possible utilizing berms, shrubs, and other decorative treatments of sufficient size and height to meet this requirement.

• B. Buffer Landscaping. A continuous visual landscape screen, a minimum of 15 feet in depth, shall be maintained adjacent to all interior property lines which abut residential uses. At minimum, said buffer shall contain one 15-gallon nondeciduous umbrella-form tree for each 30 lineal feet of boundary length. No structure or use, including parking, drive aisles, or trash enclosures, shall encroach within this area.

• C. Generally. All building sites shall have a minimum landscaped coverage equivalent to 15 percent of the total lot area. Such landscaping shall be evenly distributed over the site and consist of an effective combination of trees, ground cover and shrubbery, which may include landscaping required for setbacks or buffers. A reduction in coverage may be sought and approved during the design review process in recognition of quality design. For the purpose of this provision, quality considerations include the use of courtyards, atriums, creative use of ground floor public space, creative use of water elements, and the incorporation of sculpture or artwork in the landscape proposal.

(Code 1987 § 17.52.090; Ord. 772 § 17.52.090, 1986; Ord. 853 § 1, 1989; Ord. 1206 § 3, 2006; Ord. 1224 § 3, 2007)

The provisions of Chapter 17.148 LEMC shall be used to determine the parking for development in the C-P district. (Code 1987 § 17.52.100; Ord. 772 § 17.52.100, 1986)

The provisions of Chapter 17.196 LEMC shall be used to determine permitted signs in the C-P district.

(Code 1987 § 17.52.110; Ord. 772 § 17.52.110, 1986)

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 LEMC § 17.415.050 and § 17.415.060 .

(Code 1987 § 17.52.120; Ord. 772 § 17.52.120, 1986; Ord. 1415 § 3 (Exh. F § 65), 2019)

Chapter 17.112 LEMC contains nonresidential development standards applicable to all projects within the City regardless of zoning district. It is therefore important that the provisions of Chapter 17.112 LEMC be considered together with the regulations contained herein for the C-P district. (Code 1987 § 17.52.130; Ord. 772 § 17.52.130, 1986)