Vista Municipal Code § 18.35 M-U Mixed Use Zone

Section 18.35.010 Purpose

The Mixed Use (M-U) Zone is applied to areas appropriately suited to developments that

may contain a combination of commercial and residential activities in conformance with the General Plan. This zone is intended to allow for a mix of residential and commercial, or just commercial, or just residential ( stand-alone) land uses. Ord. 2012-3, Enacted 2/28/12)

Section 18.35.020 Definitions

Terms defined in the Development Code and, the Vista Downtown Specific Plan shall,

when used in this Chapter, have the meanings assigned to those terms by such Code and Plan. Ord. 2012-3, Enacted 2/28/12)

Section 18.35.030 Permitted Uses

In an M-U zone, the following uses, in isolation or combination, are permitted: 1. Artisan shops 2. Bank or financial facility 3. Broadcasting studios and indoor support facilities 4. Business support services 5. Community gardens 6. Employee housing 7. Hand-Craft Production 8. Health club, small 9. Large recycling collection facilities subject to site development plan 10. Library 11. Light Manufacturing, with commercial only 12. Live/work units 13. Multi-family dwellings 14. Museum 15. Offices, non-medical 16. One adult dog or cat per dwelling unit (including non-conforming land uses) 17. Outdoor seating areas 18. Personal services

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19. Pharmacy
20. Postal services
21. Public or private parks and open space
22. Public parking
23. Retail sales, general
24. Restaurant, excluding drive through facilities
25. Single-family dwellings
26. Small animal clinic
27. Small recycling collection facilities subject to Zoning Administrator review pursuant

to Section 18.64.030 28. Supermarket 29. Supportive housing, subject to development standards applicable to residential uses in the same zone. 30. Transit stations 31. Transportation services 32. Medical Cannabis Dispensary 33. Adult Use Cannabis Business Ord. 2012-3, Enacted 2/28/12; Ord. 2015-19, Amended 9/22/15; Ord. No. 2017-17, Amended, 10/24/17; Measure Z, Added, 12/11/18; Ord. No. 2020-1, Amended, 1/14/20; Ord. No. 2021-6, Amended 6/22/21)

Section 18.35.040 Special Uses

In an M-U Zone, the following uses, whether as an isolated use or in combination with other uses, may be permitted upon the granting of a Special Use Permit in accordance with Chapter 18.74: 1. Automotive service station with or without market 2. Alcoholic beverage sales, offsite sale only (Type 20 or 21 license) 3. Bail bond business 4. Bar or nightclub 5. Bargain basement store 6. Carwash 7. Check casher 8. Church, private clubs, lodges, or assemblies 9. Health club, large 10. Hiring hall or labor center 11. Hospital 12. Hotel or motel 13. Indoor or outdoor commercial recreation 14. Light manufacturing when combined with any residential use 15. Residential care facilities for more than six people 16. Pawn shop 17. Public or private schools 18. Smoke shop 19. Theaters 20. Wireless communications facilities that exceed height limit Ord. 2012-3, Enacted 2/28/12; Ord. 2013-6, Amended 4/23/13)

Section 18.35.050 Minor Uses

In an M-U Zone, the following uses, whether as an isolated use or in combination with

other uses, may be permitted upon the granting of a Minor Use Permit in accordance with Chapter

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18.66: 1. Day care 2. Day spa 3. Medical office or laboratory, urgent care 4. Outdoor display and sales 5. Outdoor cooking facilities 6. Personal services – restricted 7. Wireless communications facilities that do not exceed height limit Ord. 2012-3, Enacted 2/28/12; Ord. 2017-17, Amended, 10/24/17)

Section 18.35.060 Temporary Uses

In an M-U Zone, the following uses may be permitted upon the granting of a Temporary

Use Permit in accordance with Chapter 18.76: 1. Carnivals, circuses or fairs 2. Farmer’s market 3. Seasonal sales, such as pumpkin and Christmas tree sales lots 4. Other similar temporary uses upon approval of a Temporary Use Permit by the Zoning Administrator. Ord. 2012-3, Enacted 2/28/12)

Section 18.35.070 Density Designation

The maximum density, in dwelling units per net acre, within each M-U zoned property shall

be specified through the use of a “ density designator.” The zoning map shall include this designator, expressed as a whole number, in each geographic area zoned M-U. As an example, M-U (40) zoning in a given geographic area means that this property allows multi-family residential uses at a density not to exceed 40 units per net acre. If no density designator is included, the maximum density of 40 dwelling units per acre shall be permitted. The maximum density of 40 dwelling units per net acre may be exceeded with approval of a Special Use Permit if at least 10 percent of the net lot size is dedicated to public open space use. Ord. 2012-3, Enacted 2/28/12)

Section 18.35.080 Development Standards

In an M-U Zone: A. Minimum lot size. The minimum lot size shall be 10,000 square feet. B. Setbacks. The following setbacks shall apply in all M-U zoned areas outside the N. Santa Fe Overlay Zone: 1. Commercial ground floor. If commercial space completely occupies the ground floor of the building, the following setbacks shall apply: a. Street front and street side. There are no setbacks required from the street property line, except as required for corner cutoffs at intersections and on Civic Center Drive. If setbacks are provided, these areas shall be used only for landscaping and active pedestrian areas (e.g., plazas and outdoor dining). Surface parking lots shall be placed behind buildings where feasible. All parking that is located adjacent to a local street or driveway shall be set back a minimum of five feet and the setback area shall be fully landscaped. Street front setbacks on Civic Center Drive shall be 15 feet from the ultimate street property line. b. Corner cutoff. In order to maintain visibility at street and driveway intersections, and to provide architectural interest for buildings at corner locations, buildings shall provide a 10-foot minimum corner cutoff and shall have an entrance to the building from this area. The minimum cutoff area shall be a triangular area that is determined by measuring 10 feet back

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from the corner along both street property lines and drawing a line between the two points. Second story or higher may cantilever over this setback area. c. Interior. None. d. Abutting residential zone. Fifteen feet for the first two stories when abutting single-family residential zone ( R-1-B, R-1, E-1, A-1, SP with single-family residential zoning), 25 feet for third story or higher. The setback for third story or higher may be used as balcony space. Ground surface buffer areas shall be landscaped unless an alley providing direct vehicular access to the property. 2. Residential ground floor. If commercial space does not completely occupy the ground floor of the building, the following setbacks shall apply: a. Street front. Twenty feet from the ultimate street property line. b. Street side. Fifteen feet from the ultimate street property line. c. Interior side. Fifteen feet from property line. d. Interior. Ten feet between buildings. e. Rear. Fifteen feet from property line. f. Abutting residential zone. Fifteen feet for the first two stories when abutting single-family residential zone ( R-1-B, R-1, E-1, A-1, SP with single-family residential zoning), 25 feet for third story or higher. The setback for third story or higher may be used as balcony space. Ground surface buffer areas shall be landscaped unless an alley providing direct vehicular access to the property. C. Distance between dwellings. None. D. Permitted building height. The maximum building height for all buildings or structures in M-U zoned areas outside the N. Santa Fe Overlay Zone shall be three stories or 45 feet in height, whichever is less. Additional height may be permitted upon approval of a Special Use Permit. E. Parking. 1. Residential. All residential uses outside the N. Santa Fe Overlay Zone must provide off street parking at the following minimum ratios: a. Studio: 2 spaces per unit plus 0.33 guest space per unit. b. One bedroom: 2 spaces per unit plus 0.33 guest space per unit. c. Two bedroom: 2 spaces per unit plus 0.5 guest space per unit. d. Three or more bedrooms: 2.5 spaces per unit plus 0.5 space for each additional bedroom above three, plus 0.5 guest space per unit. 2. Commercial. All commercial uses must provide off street parking in accordance with Chapter 18.54 of this code. 3. Shared parking. Any required guest parking may be shared parking and may be shared with onsite commercial spaces, upon approval of the Planning Commission at a public hearing. 4. Common parking facilities. A common parking facility, defined as a single off street parking facility which may be utilized by two or more commercial, business, or professional land use activities, may be used to provide offsite parking for any commercial uses if located within 1,000 feet of the site boundary, upon approval of the Planning Commission at a public hearing. The designation of reserved spaces within a common parking facility is prohibited. Common parking facilities may be considered for commercial uses only; no residential spaces may be provided in an offsite common parking facility. 5. Modification of parking standards. Any land use or development subject to the approval of a site development plan or special use permit may have its parking requirements modified as an express condition of approval, upon approval of the Planning Commission at a public hearing provided that the Commission finds that such modification: ( 1) will permit reasonably satisfactory parking to serve the use and development; and ( 2) the modification, overall, will be beneficial to the City of Vista.

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F. Landscaping. For all M-U zoned areas outside of the N. Santa Fe Overlay Zone, permanent landscaping shall occupy a minimum of fifteen percent of the lot area. The minimum landscape area may be modified upon approval of the Planning Commission at a public hearing. Landscaping shall comply with the provisions of Chapter 18.56 of this code. G. Screening. 1. Abutting a residential zone. On any exterior boundary line which is a common property line with any single family residential zone, a masonry wall six feet in height, measured from the finished grade of the residential property, shall be provided, unless it is found not to serve any useful screening purpose based on the grade of adjoining properties, in which case it may be waived by the Zoning Administrator or Planning Commission. 2. Mechanical equipment. All mechanical equipment, including ducting, whether at ground or rooftop level, shall be completely enclosed and screened with materials that are architecturally compatible with the building. H. Lighting. All lighting of buildings, landscaping, parking areas, and other facilities shall meet the requirements of the City’s outdoor lighting standards in Section 18.58.260 of this Code. I. Refuse Collection and Storage. Areas designated for the collection of refuse and storage of solid waste shall conform to the provisions of Section 18.58.590 of this Code. J. Limitations and Exceptions to Permitted Uses and Structures. Notwithstanding any other provisions of this Chapter, the following limitations shall apply to the conduct of any use permitted in the M-U Zone. 1. Outdoor uses. All uses shall be conducted entirely within an enclosed building except those uses that are permitted via a special use permit, a minor use permit, a temporary use permit, and outdoor seating and dining as allowed by this Chapter. Other outdoor uses not specifically listed may be permitted if the use is reasonably compatible with surrounding uses, subject to approval of a Minor Use Permit by the Zoning Administrator. 2. Shopping cart storage. Shopping cart storage shall be located adjacent to the entry of a building and shall be screened with a minimum three foot, six inch solid wall and landscaping to screen views from the public street. The Zoning Administrator may waive this requirement if it is determined that the screening would substantially interfere with cart retrieval/removal. Shopping cart storage shall not intrude into any pedestrian passageway or public right-of-way. All shopping carts shall be contained or controlled within the boundaries of the store premises. K. Sidewalks. Minimum 10-foot wide sidewalks shall front all roadways where new development or redevelopment is proposed that requires a Site Development Plan, Minor Use Permit, or Special Use Permit. This requirement may be waived by the Zoning Administrator or Planning Commission if it is found that such improvements would serve no beneficial public use. L. Performance standards. In accordance with the goals of the Vista General Plan, environmental performance standards are hereby established to protect the community from hazards, nuisances, and other negative effects; to ensure that land uses are not operated in such a manner as to cause a detrimental effect on adjacent land uses or the community environment; and to preserve and enhance the lifestyle of Vista residents through the protection of the public health, safety and general welfare. 1. Air Quality. Any activity, operation, or device which causes, on a regular or temporary basis, the release of air contaminants into the atmosphere shall comply with the rules and regulations of the San Diego County Air Pollution Control District and with the following: a. Visible emissions. No visible emissions of air contaminates or particulate matter shall be discharged into the atmosphere. No combustible refuse incineration shall be permitted. b. Odors. No material shall be used and no process or activity shall occur which produces odors that would be detectable at the property line or beyond which would

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be obnoxious, displeasing or offensive to a person of ordinary sensitivity. 2. Vibration. No activities shall be permitted which cause objectionable vibration to the adjoining property except for construction activities in connection with a valid building permit. 3. Noise. No noise shall be generated which causes the maximum sound level to exceed the noise levels specified in Chapter 8.32 of this Code. 4. Hours of operation. Any nonresidential use shall not operate between the hours of 10:00 PM and 7:00 AM, unless authorized by approval of a Minor Use Permit in accordance with Chapter 18.66. If a nonresidential use is subject to a Special Use Permit, such hours of operation may be modified through approval of the Special Use Permit. M. Dwelling unit size. The gross floor area of any dwelling unit in the M-U Zone shall not be less than that prescribed in Section 18.58.550 of this Code, unless modified through approval of the Planning Commission upon a finding that a reduction in unit sizes will serve the public health and welfare. Dwelling units subject to affordability restrictions in compliance with state and federal legal standards are eligible for reduction up to 25 percent of the minimum unit size prescribed by this Code, subject to approval of the decision making body. N. Outdoor Space. A minimum outdoor space of 140 square feet shall be provided per dwelling unit. Outdoor space may be provided as common open space or private outdoor space. Any required common outdoor space shall have minimum surface level dimensions of 20 feet and a minimum area of 400 square feet. Landscaping and seating shall be permanently integrated into all required outdoor spaces. The developer may pay a fee in lieu of providing the required outdoor space, in the amount of the City’s park fee per dwelling unit. This fee shall be paid in addition to the standard park fee assessed per unit. O. Distance between buildings. A minimum distance of 10 feet shall separate exterior walls of separate buildings containing dwelling units on the same lot. The windows or windows/doors of any one dwelling unit may not face the windows or windows/doors of any other dwelling unit unless separated by a distance of 10 feet or more except where the angle between the wall of the separate dwelling units in 90 degrees or more. Walls parallel to each other shall be considered to be at a zero degree angle. P. Access to dwelling unit. When a mixed use building contains four or more dwelling units with at least one unit taking entrance from the third or a higher floor, all dwelling units shall be served by an elevator other than those with ground floor entrances. This requirement shall not apply to residential only projects. Q. Laundry facilities. Laundry facilities, consisting of working washer and dryer utility connections, shall be provided within each residential dwelling unit. R. Storage space, private. A minimum of 90 cubic feet of storage space shall be provided for each residential unit outside such unit unless a private attached garage, serving only the dwelling unit, is provided. Such private storage space shall have a minimum horizontal surface area of 24 square feet and shall be fully enclosed and lockable. S. Uses within setbacks 1. Street front and street side setback. No person shall construct, locate, or maintain within the space between a street and a setback line established by ordinance or by this title, any building, wall, fence or structure except: a. General Exceptions i. Driveways and walks, provided that a driveway shall be limited to that area reasonably necessary to provide safe and efficient ingress to and egress from off-street parking spaces located behind a setback area; ii. Eaves may project into a required setback area for a distance not to exceed thirty (30) inches; iii. Flagpoles limited to one per site; iv. Footings and public utility vaults if fully subterranean;

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v. Landscape accent lighting not to exceed 18 inches in height; vi. Necessary railings adjacent to stairways; vii. Retaining walls, planters, or curbs which are not more than 36 inches in height above ground surface at the time of construction; viii. Subterranean parking garages may extend to the street property line including equipment, service, utility and storage areas provided such areas do not have any door, window or other opening to the outside along the street property line; ix. Uncovered steps or landings not over four feet high as measured parallel to the natural or finish ground level may project into the required setback area for a length of 14 feet measured parallel to the building. Such steps and landings may project into the required setback area to the property line. b. Storage of material prohibited. No person shall store materials or equipment within the space between a street and a setback line established by ordinance or by this title, except temporarily during construction on the same premises. 2. Interior setback. No person shall construct, locate or maintain within the space between a property line and an interior setback line established by ordinance or by this title, any building, wall, fence, or structure except: a. General Exceptions. i. Boundary line walls; ii. Eaves may project into a required setback area for a distance not to exceed thirty (30) inches; iii. Footings and public utility vaults if fully subterranean; iv. Railings adjacent to stairways; v. Retaining walls, planters, or curbs which are not more than 36 inches in height above ground surface at the time of construction; vi. Subterranean and semi-subterranean parking garages may extend to the interior property line including equipment, service, utility and storage areas provided such areas do not have any door, window or other opening to the outside along the interior property line; vii. Uncovered steps or landings not over four feet high as measured parallel to the natural or finish ground level may project into the required setback area for a length of 14 feet measured parallel to the building. b. Storage prohibited. No required interior setback area shall be used to store any motor vehicle, trailer, camper, boat, or parts thereof, equipment or any type of antenna except as provided for in this title. Ord. 2012-3, Enacted 2/28/12; Ord. 2012-7, Amended 5/22/12; Ord. 2017-4, Amended 4/11/17)

Ord. 2012-3, Enacted 2/28/12; Ord. 2015-6, Repealed 5/29/15)

The N. Santa Fe Overlay Zone is depicted on the map following this section. The following development standards shall apply within the N. Santa Fe Overlay Zone. If not specified, the development standards in 18.35.080 shall apply. A. Setbacks. 1. Residential ground floor. If commercial space does not completely occupy the ground floor of the building, the following setbacks shall apply: a. Street front. Ten feet from the ultimate street property line. b. Street side. Ten feet from the ultimate street property line. c. Interior side. Ten feet from property line.

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d. Interior. Ten feet between buildings.
e. Rear. Ten feet from property line.
f. Abutting residential zone. Fifteen feet for the first two stories when

abutting single-family residential zone ( R-1-B, R-1, E-1, A-1, SP with single-family residential zoning), 25 feet for third story or higher. The setback for third story or higher may be used as balcony space. Ground surface buffer areas shall be landscaped unless an alley providing direct vehicular access to the property. B. Permitted building height. The maximum building height for all buildings or structures shall be four stories or 60 feet in height, whichever is less. Additional height may be permitted upon approval of a Special Use Permit. C. Parking. 1. Residential. All residential uses must provide off street parking at the following minimum ratios: a. Studio: 1 space per unit plus 0.25 guest space per unit. b. One bedroom: 1 space per unit plus 0.25 guest space per unit. c. Two bedroom: 2 spaces per unit plus 0.25 guest space per unit. d. Three or more bedrooms: 2.5 spaces per unit plus 0.25 guest space per unit. D. Landscaping. Permanent landscaping shall occupy a minimum of ten percent of the lot area. The minimum landscape area may be modified upon approval of the Planning Commission at a public hearing. Landscaping shall comply with the provisions of Chapter 18.56 of this code. Ord. 2017-4, Added 4/11/17)

Section 18.35.110 Affordable Housing

Any application for a Site Development Plan for 20 or more multiple dwelling residential

units, for sale or rent, shall satisfy the City’s affordable housing requirements found in Section 18.34.130 of the Vista Development Code. Ord. 2023-1, Added 1/10/23)

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Chapter 18.36

O-P Office-Professional Zone