Encinitas Municipal Code § 6.7 Mixed Use Zone ("er-MU1"

6.7.1 USES PERMITTED¶

A. Permitted Uses. The following uses shall be permitted in the "ER-MU1" Mixed-Use Zone in the Encinitas Ranch Specific Plan Area. All uses, except for agriculture-related uses and those exceptions noted below, shall be located within an enclosed building unless authorized by a Minor Use Permit.

Acupuncture
Administrative and professional offices, including but not limited to business, law, architectural, engineering, and community planning offices, in which no activity is carried on catering to retail sales and no stock of goods is maintained for sale.
Agricultural facilities as provided in Section 6.1 of this zoning ordinance.
Agriculture, arboriculture, and floriculture operations.
Alcoholic beverage sales (off premises).
Antique sales, retail.
Apartment houses, condominiums, townhomes and multi-family dwelling units (dwelling units constructed over and behind commercial/office uses are expressly permitted).
Art galleries.
Bakery (retail).
Bank/savings and loan.
Barber and beauty shop (Cosmetology).
Book sales.
Candy and confectionery sales.
Cannabis - Retailer 5
Charitable bins and depositories.
Chiropractor
Clothing and costume, sales and rental.
Club, private.
Club – athletic, health, exercise, fitness, or recreational (fully enclosed uses only).
Coffee shop.
Coins, purchase and sales.
Communications equipment sales and rental.
Computer software and hardware sales and rental.
Conservatory of music.
Convenience store.
Cosmetic design studio.
Cottage Food Operations (accessory to a residential use per EMC 30.48.040L)
Co-Working Space
Cutlery sales.
Dairy store.
Day-care center.
Delicatessen.
Dental clinic and offices.
Dental clinic, canine/feline.
Dressmaking shop.
Drug store.
Dry cleaning, retail and self-service with on-site cleaning permitted.
Dwelling unit, one-family.
Dwelling unit, two-family.
Dwelling unit, three-family.
Dwelling unit, multi-family.
Educational institution, public.
Family day care home (4 or fewer children).
Fire station.
Florist shop.
Furniture sales and rental.
Gem, precious stone retail.
Gift shop.
Group Exercise (including, but not limited to, dance studio, yoga, martial arts, Pilates or other similar group exercise class)
Hair salon.
Hardware store.
Hat shop.
Health food store.
Hobby supply shop.
Home occupations.
Ice cream/yogurt shop and parlor.
Ice sales, storage and retail.
Interior decorating service.
Jewelry sales.
Lapidary shop, retail (gems).
Laundry.
Laundromat.
Library.
Lithographic service.
Locksmith.
Machine and tool sales.
Mail order house/business.
Market, wholesale or retail – food, produce, fruit, vegetable, fish, and poultry and meat markets (not including slaughtering).
Medical offices.
Medical clinics.
Motor vehicle parts store.
Music/record/compact disc store.
Newsstand.
Notions and dry goods store.
Office (business and professional uses).
Office equipment/supplies sales.
Optical products sales.
Orthopedic devices sales.
Outdoor dining uses and accessory facilities, subject to the provisions of Section 6.10 in this zoning ordinance.
Paper product sales.
Parks and recreational areas.
Pet shop/pet groom.
Pharmacy.
Photocopy shop.
Photoengraving and finishing.
Photofinishing, retail.
Photographic, camera and film supplies.
Photographic studio.
Plumbing shop.
Post office.
Postal annex, private ownership.
Pottery sales.
Printing.
Public utilities office.
Qualified employee housing (six or fewer employees). 1
Qualified employee housing (seven or more employees). 2
Radio/television sales.
Real estate office.
Recreational facilities, private.
Recycling collection facilities.
Reducing salons and weight loss centers/clinics.
Religious institutions or other similar religious structures and facilities including incidental uses such as assembly, work rooms, living quarters of a priest, minister or family, and day care and educational facilities on properties designated as C/S on the Zoning Map.
Residential Care, Limited (6 or fewer)
Restaurant (no alcohol sales).
Retail sales.
Second hand store.
Shoe repair/sales.
Single room occupancy housing 4
Sporting goods sales.
Stationery store.
Surf shops, retail.
Supportive housing. 3
Tailor shop.
Telephone answering service.
Transitional housing. 3
Utility lines – sewer, gas, petroleum, cable television, telephone and electric lines.
Wearing apparel shop.
Wood products sales, retail.

Notes:

1	Shall be deemed a single-family residence and subject to all municipal codes, regulations and other standards generally applicable to other residential dwellings of the same type in the same zone.
2	Permitted as an accessory use in conjunction with an approved agricultural use per EMC Section 30.48.040R .
3	Supportive and Transitional Housing are residential uses and are subject to only those restrictions that apply to other residential uses of the same type in the same zone.
4	Single room occupancy housing is subject to all municipal codes, regulations and other standards generally applicable to multiple-family residential buildings in the same zone and specific standards as set forth in EMC Section 30.16.050 .
5	See Chapter 9.25 of the Municipal Code for specific provisions on cannabis and hemp-related uses.

B. Major Use Permit. The following uses are permitted provided a Major Use Permit has been approved pursuant to the Municipal Code.

Agricultural facilities as provided in Section 6.1 of this zoning ordinance.
Amphitheater.
Bowling alleys.
Educational institution, private.
Electrical distribution substation.
Museum.
Religious institutions or other similar religious structures and facilities including incidental uses such as assembly, work rooms, living quarters of a priest, minister or family, and day care and educational facilities on properties without a C/S designation on the Zoning Map.
Restaurant (with alcohol sales).
Schools, technical.
Theater.

C. Minor Use Permit. The following uses are permitted provided a Minor Use Permit has been granted pursuant to the Municipal Code.

Agricultural facilities as provided in Section 6.1 of this zoning ordinance.
Tutoring Center.

D. Permitted Accessory Uses. Any use that is not specifically listed in Subsections A, B, and C, above, may be considered a permitted accessory use provided that the Director of Community Development finds that the proposed accessory use is substantially the same in character as those listed in the designated subsections. Accessory uses are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to the primary use(s). Such a use is subject to the permit process which governs the category in which it falls.

Exceptions & meaning →

6.7.2 DEVELOPMENT STANDARDS¶

The following Development Standards shall apply to all "ER-MU1" Zones within the Encinitas Ranch Specific Plan Area.

A. Height Requirements: Thirty-five feet, not to exceed three stories in height; provided, however, (i) that flagpoles, antennas, chimneys, and other limited architectural features may exceed the maximum height subject to Design Review by the Planning Commission; and (ii) 45 feet shall be permitted where residential and commercial uses are provided in the same building (with commercial space on the first floor), on two corner sites located west of Garden View Road/Via Cantebria Extension at the intersection with Via Cantebria/Woodley Road Extension.

B. Specific "ER-MU1" Mixed-Use Zone Standards:

Specific Mixed-Use Zone Standards	ER-MU1 Zone
Maximum Residential Density (1)	25.0 DU/AC
Maximum Percentage of Area Covered with Buildings/Structures	60%
Minimum Lot Area (net)	10,000 SF
Minimum Lot Width	80 FT
Minimum Lot Depth	90 FT
Front Yard Setback	No setback is required for buildings containing a mix of uses or for buildings with commercial/office uses only. A 10 foot setback is required for freestanding residential structures.
Street Side Yard Setback	No setback is required for buildings containing a mix of uses or for buildings with commercial/office uses only. A 15 foot setback is required for freestanding residential structures.
Interior Side Yard Setback	0 FT; provided 10 FT is required for freestanding residential-only structures
Rear Yard Setback	10 FT; provided 15 FT is required for freestanding residential-only structures
El Camino Real Setback	100 FT for all buildings (2)
Minimum Setback from Areas Designated as Park and Recreation Overlay	25 FT for all buildings (3)
Maximum Encroachments into Yards	4 FT for all yards (4)
Minimum Distance Between Buildings	10 FT

Table amended 3/18/98 (Reso. 98-17)

(1)	Density for residential development shall be determined based on the maximum total number of allowable units as shown in Table 3-1, Encinitas Ranch Land Use Plan Summary, which reflects the public dedication of otherwise developable land (e.g., the golf course), and other substantial improvements and benefits provided to the City pursuant to the Development Agreement (see Section 9.4 of this Specific Plan), including but not limited to the landowners' agreement to finance public facilities.
(2)	No main buildings or parking lots shall be permitted within this setback; provided, however, that accessory structures such as flood control and drainage facilities, sedimentation and detention basins, and recreational facilities (e.g., athletic playing fields, tot lots, basketball courts, tennis courts, etc.) are expressly permitted within the setback.
(3)	Building setback does not apply to recreation-oriented structures or restroom, concession, or maintenance buildings.
(4)	Includes encroachments by chimneys, fireplaces, steps, stairs, eaves, porches, columns, balconies, decks, bay windows, planters, sidewalks and similar features.

C. Commercial/Office/Residential Development: The commercial/office development in the "ER-MU1" Zone is intended to provide retail and office uses which serve area residents, while maintaining compatibility with a residential environment. Development in and adjacent to the Village Center may consist of residential uses in the same buildings as commercial/office uses.

D. Freestanding Residential Development: Freestanding residential development shall be concentrated around the periphery of the Village Center, along the extensions of Garden View Road and Via Cantebria. The freestanding residential development shall not exceed an overall density of 25 dwelling units per acre. Up to 40 percent of the building footprint for all freestanding residential buildings may exceed two stories in height, although no freestanding residential structure shall exceed three stories in height. The two-story buildings should be concentrated along the greenbelt/recreation area that abuts El Camino Real and adjacent to natural open space areas. Three-story buildings should be concentrated internal to individual parcels and along project area roadways.

The 2.34 acre parcel (Lot 44 of Tract No. 94-066) located on the east side of Via Cantebria (west of the existing mobile home park) shall be restricted to multi-family residential, 25 dwelling units per acre. The purpose of restricting Lot 44 to multi-family is to provide affordable housing opportunities. Prior to the submittal of a development proposal for Lot 44, the Housing Compliance Plan, as required by the Development Agreement, shall be submitted to and approved by the Community Development Director. All development proposed on Lot 44 shall be in compliance with the Housing Compliance Plan.

E. Church/School Site: The approximately 10.9 acre parcel located at the southeast intersection of Garden View Road and Via Cantebria may be developed with school and/or church uses. If the area is not so developed, then the area may be developed as multi-family residential at the same density as the balance of the mixed-use area (25 du/ac). However, the total residential units permitted within the mixed-use area shall not exceed 450 dwelling units.

F. Integration of Project Components: It is the intention of the mixed-use development in Green Valley to allow for significant functional and physical integration of project components of different adjacent uses as well as mixed commercial/office professional and residential uses. Consideration will be given to joint use of parking, common areas, landscaping, specific types of uses and associated intensities, housing types and sizes of units, and overall architectural design. Below-grade and on-grade parking shall be permitted in the Mixed-Use Zone; however, above-ground multi-story parking structures are discouraged.

G. Residential/Commercial/Office Mixed Use Site Planning: In the "ER-MU1" Zone, the following development standards shall apply for projects which mix residential with commercial or office uses on the same development site:

Residential uses shall be located either above and/or behind the primary commercial/ office professional use.
Separate building entrances shall be required for residential and commercial/office professional uses when occupying the same structure, but this provision does not preclude internal connections between uses.

H. Accessory Structures. Accessory structures shall conform to the standards set forth in Section 30.16.010E of Title 30, Zoning, of the City of Encinitas Municipal Code, subject to the following additions and amendments:

Accessory structures shall not be located in front of or on the street side of residential or commercial building(s).
Accessory structures shall meet all of the setback requirements for other buildings.
Architectural features, such as porches, canopies, eaves, columns, awnings, chimneys, steps, balconies, stairways, wing walls, bay windows, window seats, fireplaces, planters and roof overhangs may project not more than four feet into any required setback area.

I. Auxiliary Structures/Equipment and Utilities. In all commercial/office areas within the "ER-MU1" Zone, the following development standards related to auxiliary structures/equipment and utilities shall apply:

All roof appurtenances including, but not limited to air conditioning units and mechanical equipment, shall be shielded and architecturally screened from ground level views from on-site parking areas, adjacent public streets and adjacent properties.
All ground-mounted mechanical equipment, including heating and air conditioning units, and trash receptacle areas, shall be completely screened from surrounding properties by use of a wall, fence, landscaping, or combination thereof, or other acceptable screening devices, or shall be enclosed within a building.
All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Pad-mounted transformers and/or meter box locations shall be included in the site plan with the appropriate screening treatment. All new and existing utility connections within the boundaries of the project shall be placed underground, where reasonable and feasible, in accordance with City of Encinitas, Public Utilities Commission, and local utility company standards. Transformer, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be placed above ground provided they are screened with landscaping or other appropriate screening devices.
Outdoor storage and sales areas shall be entirely enclosed by solid masonry walls not less than six feet in height to adequately screen such areas from view. Reasonable substitutions such as masonry, wood, or metal pilasters with wrought iron/tubular metal (e.g., steel, aluminum, etc.) may be used in place of a solid masonry wall if approved during Design Review. This requirement does not apply to temporary outdoor sales areas.

J. Storage Requirements. A minimum of 250 cubic feet of lockable, enclosed storage area per dwelling unit shall be provided within a garage/carport area, or within the main building.

K. Minimum Private Outdoor Open Space. For residential units only, a minimum of 10% of the floor area of the units shall be provided as private outdoor open space for both ground floor units and units contained wholly on the second/third floor. For units wholly on the second/third floors, this open space may be provided in the form of outdoor decks or balconies.

L. Off-Street Parking Requirements. Off-street parking spaces required for automobiles in "ER-MU1" Zones shall be provided as required in Section 30.54.030A, Schedule of Required Off-Street Parking, of the City's Municipal Code. In addition, the following standards shall also apply in all "ER-MU1" Zones:

Affordable housing. The Director of Community Development may authorize a reduction in the above parking requirements for those projects designated as "affordable" housing projects, providing either that a parking study is prepared to support the proposed reduction in parking spaces or a baseline parking study is conducted by the City that is applicable to all affordable housing development in the City.
Parking for Non-Residential Uses: Off-street parking shall be required to conform with Section 30.54.030 of Title 30, Zoning Regulations, of the City of Encinitas Municipal Code. However, the Director of Community Development may authorize an adjustment to these standards that is either less or more restrictive based on a site-specific parking study which supports the proposed adjustment in parking spaces and all permitted deviations shall be subject to on-going review and monitoring.
Compact parking spaces may comprise up to 25% of all required parking spaces provided within ER-MU1 Zones. A compact parking space shall be defined as a parking space that measures no less than eight feet in width by 16 feet in length.
General Requirements:

a. Reciprocal ingress and egress, circulation, and parking arrangements shall be encouraged to facilitate the ease of vehicular movement between adjoining properties without the need to add public street infrastructure or to enter the public street system.

b. Parking areas shall be screened by earth mounding, landscaping, low decorative walls, lowering the grade of the parking area below the street grade, or a combination of any of these methods.

M. Landscaping Requirements.

A minimum of 15 feet wide area of screen type landscaping shall be provided and maintained on the project side of any property line separating the project from a rural residential or single-family zone.
Front and street side yards, if required, shall be landscaped. This landscaping shall consist predominantly of plant materials except for necessary walks and driveways.
Whenever off-street parking areas are situated across the street from residential uses, a masonry wall, berm, landscape planting, or combination thereof, with a minimum height of 30 inches shall be erected in the landscaped areas between the required landscape area and the parking area to adequately screen the parking area from the residential properties.
Site landscaping shall include a combination of trees, shrubbery, vines and groundcovers. Drought tolerant plant materials are encouraged for use in Mixed-Use Zones, but are not required.
Landscaping in parking areas shall be predominantly trees to provide shade and visual relief. One 15 gallon tree shall be provided for every six parking spaces (assumes double-loaded spaces) evenly distributed throughout the parking area.
A minimum of 15% of the site area (exclusive of building footprints) shall be landscaped. This percentage may include perimeter slopes, landscaped easements, and landscaped setback areas.
Street trees, at least 15-gallons in size, shall be provided at an average of every 40 feet along all street frontages.
All landscaped areas shall be regularly maintained in a healthy and thriving condition free of weeds, trash, and debris.
Where irrigation is necessary, an automatic irrigation system shall be installed subject to City of Encinitas Standards and maintained free of leaks.
Varieties of plants chosen for landscaping may be restricted through the development review process to protect or preserve views. All required plantings and irrigation systems shall be maintained in good condition, and whenever necessary, shall be replaced with new materials to ensure continued compliance with required landscaping, irrigation, buffering, and screening requirements.

N. Access, Circulation and Off-Street Parking Requirements. In all "ER-MU1" Zones, the following development standards related to access, circulation and off-street parking shall apply:

Where feasible, access shall be taken from adjoining collector or local roadways, rather than from a primary arterial or major roadway.
Where access to a primary arterial or major roadway is necessary, access shall be limited to one point for each 300 feet of frontage or one point per parcel if frontage is less than 300 feet.
Access points to adjoining lots are encouraged and shall be shared wherever feasible.
Major access points to centers or groups of parcels sharing a single point of ingress and egress shall be coordinated with openings in existing or planned medians and access points on the opposite side of the roadway.
Sidewalks or other safe pedestrian walkways shall be located along streets in all mixed-use areas.

O. Walls and Fences. Walls and fences shall comply with the requirements contained in Section 30.16.010F, Fences and Walls, of the City's Municipal Code. In addition, the following standards shall also apply in all "ER-MU1" Zones:

Walls used to screen storage or trash collection areas or loading docks shall be solid and shall not exceed six feet in height, as measured from the point of highest elevation adjacent to the wall or fence.
No walls or fences are required in any residential development, unless needed for noise attenuation and/or privacy of private outdoor spaces, and/or screening purposes for utilities, trash enclosures, or mechanical equipment. Walls and fences shall not exceed six feet in height as measured from the highest finished grade, unless expressly required for sound attenuation purposes. All fences and walls greater than four feet in height shall be planted with vine cover material or equal landscaping.

P. Truck Wells. Truck wells will be screened from any adjacent uses with the use of landscaping and/or architectural features.

Q. Refuse Collection Areas/Loading Docks. All refuse collection areas and structures and loading docks shall be designed and provided in accordance with the applicable City of Encinitas rules and policies and the following standards:

Refuse collection areas and structures shall be conveniently accessible to the buildings they are designed to serve.
Loading docks and structures, which are used for storage or trash collection, shall be screened by landscaping, solid walls, architectural features, or combination thereof, in such a manner as not to be visible from a public street or from grade level of any adjacent residential area. View-obstructing gates to screen trash enclosures shall also be required, where appropriate.
Architecturally compatible trash enclosures, and adequate areas for collecting and loading recyclable materials, screened from view of the roadway, and convenient to all dwelling units within the project, shall be provided. The requirement for adequate areas for collecting and loading recyclable materials only applies to developments that utilize trash bins/dumpsters.
Trash receptacles and adequate areas for collecting and loading recyclable materials enclosed by a six foot high masonry wall with view obscuring gates shall be provided in an acceptable location. The requirement for adequate areas for collecting and loading recyclable materials only applies to developments that utilize trash bins/dumpsters.

R. Lighting. In all "ER-MU1" Zones, the following standards relating to lighting shall apply:

Lighting placed upon the building shall be architecturally integrated.
All light sources shall be shielded in such a manner that the light is directed away from streets or adjoining properties. Illuminators should be integrated within the architecture of the building. Freestanding lampposts shall be no taller than 18 feet. The intensity of light at the edge of any parcel within the "ER-MU1" Zone shall not exceed 75 foot-lamberts from a source of reflected light.

(Reso. 98-17; Ord. 2015-01; Ord. 2017-03; Ord. 2019-04; Ord. 2021-04; Ord. 2019-14); paragraph added 12/4/96 (Reso. 96-89); paragraph amended 12/4/96 (Reso. 96-89) and 8/23/95 (Reso. 95-91) and 3/18/98 (Reso. 98-17)

Exceptions & meaning →