Chapter 17.134
CMU COMMERCIAL MIXED USE DISTRICT

Sections:

17.134.010    Purpose.

17.134.020    Table of land uses and glossary/definitions.

17.134.035    Standards for eating and drinking establishments and sidewalk cafes.

17.134.037    Standards for kiosk retail sales.

17.134.040    Minimum lot area.

17.134.050    Minimum dwelling unit size.

17.134.070    Parking in the CMU district.

17.134.080    Design review in the CMU district.

17.134.090    Lake Elsinore Municipal Code references.

17.134.100    Mixed use development matrix.

17.134.010 Purpose.

The intent of the CMU district is to accommodate a development opportunity that offers a mix of land uses in a compact, high quality, pedestrian-friendly, interactive pattern. Commercial mixed use districts are characterized by interconnected streets, wide sidewalks, outdoor public spaces and activities. [Ord. 1300 § 4 (Exh. C), 2012].

17.134.020 Table of land uses and glossary/definitions.

P = Permitted use.

C = Use subject to a conditional use permit.

T = Temporary use permitted with a temporary use permit.

█ = Prohibited use in the zone.

		P = Permitted C = Permitted with a CUP T = Temporary, permitted by TUP █ = Prohibited
Use	RMU	CMU	Additional Regulations
Animal hospital	C	C
Assembly use	C	C
Automotive repair or service	█	█
Bar, pub, cocktail lounge	C	C

Table of Mixed Use Land Uses 

		P = Permitted C = Permitted with a CUP T = Temporary, permitted by TUP █ = Prohibited
Use	RMU	CMU	Additional Regulations
Bed and breakfast	P	P
Botanical garden	P	P
Cardroom	█	C
Caretaker quarters	P	P
Car wash	█	C
Catering service	C	C
Check cashing service	█	P
Cigar lounge/hookah bar	C	C
Community center	P	P
Day care facility	C	C
Drive-through for bank, food, pharmacy	█	C
Financial institution	P	P
Food establishment	P	P	LEMC 17.86.035
Fortunetelling	C	C
Government building	P	P
Gun and ammunition sales	█	C
Health, fitness or exercise club	C	P
Home occupation	P	P
Hotel	█	C
Housing, permanent:
Apartment unit	P	P
Boardinghouse	P	P
Condominium	C	C
Duplex, triplex, fourplex	P	P
Row house/townhouse	P	P
Kiosk for retail sales	█	P	LEMC 17.134.037
Library	P	P
Live/work unit	P	P
Massage establishment	C	C
Medical marijuana dispensary	█	█	Chapter 17.156 LEMC
Medical office	P	P
Mortuary	█	C
Museum	C	P
Nightclub	█	█
Open air market	T	T
Personal service	P	P
Professional office	P	P
Park/playground	P	P
Parking facility	P	P
Pawn shop	█	P/C	CUP for gun sales
Pet shop	█	P
Recreation facility	C	C
Residential care facility	C	C
Retail sale	P	P
Short-term rental	P	P	Chapter 5.86 LEMC
Sidewalk vendors	P	P	Chapter 5.31 LEMC
Studio/workshop	P	P
Supportive housing	P	P
Swap meet, indoor	█	C
Swap meet, outdoor	█	█
Tattoo	█	C
Theater	█	C
Thrift store	P	P
Transitional housing	P	P
Other uses that the Director of Community Development finds to be in accord with the purpose of this chapter and having characteristics similar to those uses listed in this table	P, C, T or █	P, C, T or █

“Animal hospital” means a place where animals or pets are given medical or surgical treatment, and where the boarding of the same animals is limited to short-term periods incidental to the hospital care.

“Apartment unit” means one or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit not owned in fee simple.

“Assembly use” means a meeting, recreational, or social facility of a private or nonprofit organization primarily for use by a member or guests, including union halls, social clubs, fraternal organizations, and youth centers, and “places of religious assembly or institution” as defined in LEMC 17.08.160 (but not including schools as defined in LEMC 17.08.190).

“Automotive repair or service, including tire stores” means a facility providing repair services to automobiles, trucks, or motorcycles, including the sale and mounting of tires.

“Bar” means an establishment primarily serving alcoholic beverages by the drink to the general public, with the service of food incidental to the consumption of liquor. Includes pub, tavern, or cocktail lounge.

“Bed and breakfast residence” means a home where one family or manager is in permanent residence and from two to six guest rooms are rented for overnight lodging. Meals may be provided for compensation subject to applicable County Health Department regulations, and no provision for cooking in any individual room is made. More than six guest rooms shall be considered a hotel.

“Boardinghouse” means a building or portion thereof where sleeping facilities for three or more persons and meals are provided for compensation on a regular basis.

“Botanical garden or arboretum” means a public or private facility for the demonstration and observation of the cultivation of flowers, fruits, vegetables, or ornamental plants.

“Car wash” means a permanent, self-service or full-service establishment that provides facilities for car washing.

“Cardroom” means an establishment duly licensed pursuant to Chapter 5.44 LEMC containing tables and other similar conveniences for card playing and the playing of such games as may be permitted under the provisions of Section 330 of the Penal Code of the State of California.

“Caretaker quarters” means a permanent residence that is provided as an accessory use to a nonresidential use, used as a residence for a caretaker and family for security purposes, or to provide 24-hour monitoring of the site or any person or thing on the site.

“Catering service” means a business that prepares food for consumption off premises.

“Check cashing service” means a place of business where one can cash a check for a fee.

“Cigar lounge” means an establishment where patrons may purchase and smoke cigars, upon written clearance from the State of California Department of Health.

“Condominium” means a building in which units are owned individually and the structure, common areas and facilities are owned by all the owners on a proportional basis, as generally described in Section 783 of the California Civil Code.

“Day care facility” means a facility that provides nonmedical care and supervision of minor children or elderly adults for periods of less than 24 hours; that does not qualify as a small or large family day care home; and that meets the licensing requirements of the State. Any establishment may provide child or adult day care as an accessory use that is not subject to additional permit requirements; provided, that the establishment offers such service only to its customers or employees, and only during the period when the customers or employees are visiting or working in the establishment.

“Day care, large family” means the use of a residential dwelling unit and the lot upon which it is located for the daytime care of seven to 12 children or elderly adults including any children or elderly adults who normally reside on the premises.

“Day care, small family” means the use of a residential dwelling unit and the lot upon which it is located for the daytime care of six or fewer children or elderly adults including those who reside at the home.

“Duplex” means a structure on a single residential lot of record containing two units for occupancy by two independent households. Each unit is totally separated from the other by an unpierced wall extending from ground to roof, or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell. Each unit contains its own cooking, sleeping and sanitary facilities and its own entrance.

“Financial institution” means a facility offering financial services such as a bank, credit union, savings and loan, or finance company.

“Food establishments” means the serving of food and beverages to patrons for compensation, including deli, sandwich, bakery (retail sales only), candy, coffee, ice cream, health food, cafe, or restaurant.

“Fortunetelling” means a business wherein the telling of fortunes, forecasting of future events, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, including but not limited to clairvoyance, clairaudience, cartomancy, psychometry, phrenology, tea leaves, augury, astrology, palmistry, handwriting analysis, telepathy, card reading, crystal gazing or magic of any kind or nature.

“Government facility” means any facility owned and operated by city, county, state or federal governments, regardless of the use.

“Gun and ammunition sales” means any premises or portions thereof used for the sale, vending, dealing, exchange or transfer of firearms and ammunition.

“Health, fitness or exercise club” means a facility, owned or operated by a corporation, association, person or persons, for a social, educational or recreational purpose, to which membership is required for participation.

“Home occupation” means a use conducted entirely within a dwelling and carried on by the inhabitant(s) thereof, which use is clearly incidental and secondary to the use of the structure for residential purposes and which does not alter the character thereof. By its very nature and scope the use does not adversely affect the activities, enjoyment or property values of the neighborhood.

“Hookah bar” means an establishment where patrons communally smoke flavored tobacco, upon written clearance from the State of California Department of Health.

“Hotel or motel” means a building or portion thereof, or a group of buildings, with access through a common entrance, lobby or hallway, to seven or more guest rooms that are designed and intended for paid overnight lodging on a short-term basis. The terms “hotel” and “motel” may be used interchangeably.

“Housing, permanent” includes apartments, condominiums, duplexes, triplexes, fourplexes, row houses, and townhouses.

“Housing, temporary” means a facility for transient occupancy, such as a hotel or a bed and breakfast residence.

“Kiosk for retail sales” means any portable, nonmotorized, nonwheeled, semipermanent structure used for the sale of retail goods, food, and/or beverages, and licensed by the City.

“Library” means a public, quasi-public or privately owned facility that is open to the public for the primary use of literary, musical, artistic or reference materials.

“Live/work unit” means buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.

“Massage establishment” means any fixed place of business where any individual, firm, association, partnership, or corporation engages in, conducts, or permits massages or health treatments involving massage on the premises.

“Medical marijuana dispensary” means a facility where medical marijuana is provided to a qualified patient, a person with an identification card, or to a qualified, primary caregiver, all of whom are defined in the California Health and Safety Code Sections 11362.5 and 11362.7 et seq. as such sections may be amended from time to time.

“Medical office” means an establishment that provides medical services by medical professionals such as physicians, dentists, chiropractors, optometrists or other similar medical staff. Includes a clinic, medical or dental laboratory or pharmacy incidental to an office, dialysis center, outpatient surgicenter, or urgent care. In the mixed use zones, hours of operation limited to 7:00 a.m. until 10:00 p.m.

“Mixed use district” means a zoning district that allows development on a single parcel, or on adjacent parcels, that contains different land uses (e.g., residential, commercial, professional office, civic, or recreation) that are complementary to each other.

“Mixed use horizontal development” means development that combines two or more types of land uses (e.g., residential, commercial, professional office, civic, or recreation) on a single development site, but not necessarily in the same building. Typically nonresidential uses are located adjacent to the street and residential uses are located away from major streets behind nonresidential uses.

“Mixed use vertical development” means development that combines two or more types of land uses (e.g., residential, commercial, professional office, civic, or recreation) in a single building in a vertical configuration, typically with residential uses located above nonresidential uses.

“Museum” means a building serving as a repository for a collection of natural, scientific or literary curiosities or objects of interest, or works of art, arranged, intended and designed to be used by the public for viewing. The sale of goods to the public as gifts may be included as an accessory use.

“Nightclub” means a commercial establishment dispensing alcoholic beverages for consumption on the premises and in which dancing and musical entertainment are permitted. Includes discotheques and dance halls.

“Open air market” means an establishment for the sale of fresh agricultural produce and related products, and licensed by the City.

“Park” means a noncommercial public outdoor recreational area that provides active or passive activities. Includes playgrounds.

“Parking facility” means an open, paved or otherwise surfaced area, or a structure, used for the parking and storage of vehicles, for free or for compensation or to accommodate patrons, customers or clientele of a business.

“Pawn shop” means an establishment that lends money at a specified rate of interest on articles of personal property left as security. Does not include gun sales unless a conditional use permit application is filed, reviewed, and approved by the Planning Commission.

“Personal service” means an establishment that offers services to its customers by an act or useful labor, including a barber shop, beauty salon, day spa, manicure, tailor, dry cleaning, laundromat, small appliance repair (household, television, stereo system, computer), watch and jewelry repair, shoe repair, tax preparation, travel agency, employment agency, ticket agency, copy center, printing, automobile rental (office only), computer rental, cyber cafe, or package, postal and mailbox service.

“Pet shop” means an establishment engaged in the retail sale of animals, pet supplies or grooming, including exotic animals, which are defined as not commonly domesticated in the United States or are wild by nature. No boarding of animals is permitted.

“Pharmacy” means an establishment where medications are dispensed by licensed pharmacists.

“Professional office” means an office used by persons who provide services that require a state license or certificate, such as accountants, architects, planners, engineers, surveyors, geologists, lawyers, designers, real estate agents, investment brokers, title and escrow offices, or business incubators, but does not include a veterinary office or kennel, nor any adult-oriented business.

“Recreation facility” means an establishment that provides entertainment activities or services for a fee or admission charge, including a bowling alley, electronic game arcades, billiard rooms, miniature golf, or indoor party center.

“Residential care facility” means, in accordance with Section 1502 of the Health and Safety Code, any family home, group care facility or similar establishment for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.

“Retail sale” means the selling of goods, wares or merchandise directly to the ultimate consumer or persons without a resale license. Establishments may include convenience mart, florist or flower shop, grocery, insurance, pharmacy, jewelry, apparel, gift, hobby, hardware, bookstore, stationery, art exhibit and gallery, sporting goods, bicycle and bicycle rental, toy, music store (including sale of instruments, records, tapes), vehicle parts (excluding repair and service), and antiques.

“Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.

“Studio/workshop” means a studio facility for the arts, crafts, photography, music and music recording, dance, gymnastics, aerobics, yoga, martial arts, or cooking.

“Swap meet” means a building (indoor) or outdoor area in which stalls or sales areas are set aside, rented or otherwise provided, which are used by unrelated individuals to sell, trade, exchange, or place on consignment, or swap articles that are either new, homemade, homegrown, old, antique, or obsolete. Includes flea market or farmers’ market.

“Tattoo” means an establishment that provides body art designs and service, including body piercing, for its customers; provided, that the business owner complies with all applicable requirements of the County Health Department, County Sheriff’s Department, and conditions of approval that shall include age restriction, full screening of service operations, hours of operation, and measures to control loitering and traffic at the site.

“Theater” means a building or portion thereof for the showing of motion pictures, or for dramatic, dance, musical or other live performances.

“Thrift store” means a for profit or nonprofit business that engages in the sale or resale of previously owned or used goods and merchandise.

“Wireless telecommunications facility” means a facility that radiates or receives commercial cellular communications service and/or data radio signals to/from ground-mounted, building-mounted or structure-mounted poles, towers or antennas. [Ord. 1465 § 4 (Exh. B § 10), 2022; Ord. 1412 §§ 12, 13, 2019; Ord. 1309 § 4 (Exh. A), 2013; Ord. 1300 § 4 (Exh. C), 2012].

17.134.035 Standards for eating and drinking establishments and sidewalk cafes.

A. Eating and drinking establishments and sidewalk cafes may operate between the hours of 6:00 a.m. and 11:00 p.m.

B. A sidewalk cafe within the public right-of-way may be permitted only in conjunction with and adjacent to a street level eating or drinking establishment. The cafe must maintain a clear path of travel free of obstructions that impede the flow of pedestrian traffic.

C. No outdoor establishment shall operate musical instruments or sound reproduction devices unless a conditional use permit is approved enabling and controlling such operation.

D. The design of the outdoor seating areas, if applicable, shall be consistent with the main building to which it is attached, in materials, colors and amenities such as railings, light fixtures, canopies, and furniture. [Ord. 1300 § 4 (Exh. C), 2012].

17.134.037 Standards for kiosk retail sales.

A. A kiosk may be permitted on private property within a defined plaza area and between buildings that are part of a professional office, commercial or mixed use development.

B. A kiosk generally should not exceed five feet in width, nine feet in length, and no more than six feet in height excluding canopies, umbrellas or transparent enclosures. Deviations in size may be approved by the Director of Community Development on a case-by-case basis upon consideration of the uniqueness of the site or user circumstances.

C. The kiosk shall not obstruct access to or occupy a parking space, obstruct access to a parked vehicle, impede the delivery of materials to adjoining property, interfere with access to public property or any adjoining property, or interfere with maintenance or use of street furniture.

D. The number of employees per individual kiosk shall be limited to two persons at any one time.

E. All kiosks shall be self-contained or located on a site that has been specifically designed to provide water, waste and power to operate the kiosk. No exposed pipes or wires are permitted.

F. The design, color scheme and signage of the kiosk shall be appropriate to its location.

G. All packaging containers or boxes shall be stored within the kiosk.

H. The sale of alcoholic beverages shall be prohibited.

I. The kiosk owner shall have a valid City business license. [Ord. 1300 § 4 (Exh. C), 2012].

17.134.040 Minimum lot area.

A. For a mixed use horizontal development, the minimum lot area required for each dwelling unit is 1,815 square feet of net lot area per unit, with a maximum residential density of 24 dwelling units per acre.

B. To determine the maximum number of dwelling units allowed for a mixed use horizontal development, divide the total net lot area by the required lot area for each unit. The resultant number shall be rounded down to the nearest whole number.

C. For a mixed use vertical development, the maximum residential density is 24 dwelling units per acre. [Ord. 1300 § 4 (Exh. C), 2012].

17.134.050 Minimum dwelling unit size.

The minimum dwelling unit size for mixed use vertical development, exclusive of any balcony or patio area, is as follows:

A. Bachelor dwelling units (sleeping quarters within the living room area): 450 square feet.

B. One-bedroom dwelling units: 600 square feet.

C. Two-bedroom dwelling units or larger: 700 square feet plus 100 square feet for each additional bedroom. [Ord. 1300 § 4 (Exh. C), 2012].

17.134.070 Parking in the CMU district.

A. No off-street parking is required for nonresidential uses unless the use exceeds 3,000 square feet of gross floor area, in which case one off-street parking space is required for every 250 square feet beyond 3,000 square feet. In places of assembly, one off-street parking space is required for every 21 square feet of floor area in accordance with Chapter 17.148 LEMC, Parking Requirements.

B. Residential uses shall comply with Chapter 17.148 LEMC, Parking Requirements. However, a request to reduce the number of required parking spaces may be made to the Planning Commission concurrent with a design review or conditional use permit application, provided a parking study supports the finding that the number of parking spaces actually needed for a specific project is less than that required by code.

C. Tandem parking may be allowed for residential uses with the approval of the Director of Community Development. [Ord. 1300 § 4 (Exh. C), 2012].

17.134.080 Design review in the CMU district.

A. No grading or building permit shall be issued for the development of a project in the CMU zone until the applicant 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 17.415.070 in conjunction with the design review approval.

B. 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.

C. Fifty percent or more of the project’s gross floor area shall be devoted to commercial uses within the CMU zone.

D. 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.

E. 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. [Ord. 1415 § 3 (Exh. F § 70), 2019; Ord. 1300 § 4 (Exh. C), 2012].

17.134.090 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.	Nonresidential Development Standards	Chapter 17.112 LEMC
5.	Parking Requirements	Chapter 17.148 LEMC
6.	Medical Marijuana Dispensaries	Chapter 17.156 LEMC
7.	Nonconforming Uses	Chapter 17.164 LEMC
8.	Noise Control	Chapter 17.176 LEMC
9.	Signs – Advertising Structures	Chapter 17.196 LEMC
10.	General Application Processing Procedures	Chapter 17.410 LEMC
11.	Permitting Requirements	Chapter 17.415 LEMC

[Ord. 1415 § 3 (Exh. F § 71), 2019; Ord. 1300 § 4 (Exh. C), 2012].

17.134.100 Mixed use development matrix.

MU Matrix 

Category	CMU	RMU
Predominant Use	Commercial	Residential
Standard	> 50% net lot size	> 70% net lot size
FAR	0.8:1	1.0:1
Density	7 – 18 du/ac	19 – 24 du/ac	Net acreage used in calculations
Density with Density Bonus		Up to 35 du/ac	See LEMC 17.86.060
Lot Size	No min.	No min.
Setbacks:
Front	10'	10'	For LS, walkway, outdoor dining, fountains, street furniture; no parking
Street Front	10'	10'	For LS, walkway, outdoor dining, fountains, street furniture; no parking
Interior	None*	None*	If CMU abuts R-zoned properties, 20 feet. If RMU, match R zone setback
Separation			Per Fire and Safety Code requirements
Height			Varied rooflines
Parking			See LEMC 17.86.070 and 17.134.070
Shared			With parking study that addresses peak parking demand
			With shared parking agreement executed and filed
Loading			Non-street facing
Screening			Parking, loading, trash storage, cart storage, RME
* For properties within the Downtown Master Plan, development standards of the Downtown Master Plan supersede this matrix. Where this matrix is silent, the LEMC shall apply.

[Ord. 1300 § 4 (Exh. C), 2012].