Article 8. Office Commercial District (O-C)

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10-2.2.801 Purpose and Intent.

The purpose of the Office zone is to provide areas for the integrated development of business and professional office uses along with related business and institutional uses. The intent is to provide areas for business and professional offices that are convenient to residential areas, the central business district and BART.

In the Core Area, ground floor retail uses, in multi-story office buildings, will be permitted. This is intended to improve pedestrian and vehicular circulation between the Downtown Retail District and surrounding development in the Core Area.

10-2.2.802 Land Use Regulations.

In the following table, the letters in the "Use Regulation" column are defined as follows:

P

=

A permitted use.

L

=

A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.

U

=

A use permitted on approval of a Conditional Use Permit.

Letters in parentheses in the "Additional Regulations" column are described in the "Additional Regulations" section following the "Use Regulations." Where a Use Regulation or a letter in parentheses is opposite a use classification heading, the referenced regulations shall apply to all use classifications under the heading. Land uses not listed (indicated by strikeout) are not permitted.

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

A. Residential Use Classifications

 

(I)

1. Adult Day Care Home

P

 

2. Congregate Living Facility

U

 

3. Family Day Care Home

a. Small Family Day Care Home

P

(A)

b. Large Family Day Care Home

L(1)

(A)

4. Group Residential

U

 

5. Multiple Family Residential

L(21)

 

6. Residential Care Home

P

 

7. Second Family Unit

 

 

8. Single Family Residential

 

 

B. Commercial Use Classifications

 

(B)

1. Ambulance Services

 

 

2. Animal Sales and Service

 

 

a. Animal Hospital

L(2)

 

b. Animal: Retail Sales and Grooming

L(3)

 

c. Horse Stables

 

 

d. Kennel

 

 

3. Artist Studio

L(4)

 

4. Banks and Savings and Loans

 

 

a. Banks and Savings and Loans

U

 

(1) With Drive-up Service

 

U

(2) With Automated Teller Machine

U

 

5. Catering Services

L(5)

(C)

6. Communication Facilities

P

 

7. Custom Manufacturing

 

 

8. Eating and/or Drinking Establishments

 

(J)

a. Eating and/or Drinking Establishments

L(3)

 

(1) With Wine and Beer Service Ending at or Before 11:00 p.m.

L(6)

 

(2) With Wine and Beer Service Ending After 11:00 p.m.

L(7)

 

(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.

L(6)

 

(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.

L(7)

 

(5) With Live Entertainment

P

(D) (J)

(6) With Dancing

P

(D) (J)

(7) With Take-out Service

L(3)

 

(a) Drive-up

 

 

(8) With Permanent Outdoor Seating

L(9)

 

(9) With Off-site Distribution

U

(C)

(a) Micro-brewery

U

(C)

9. Food and Beverage Sales

 

 

a. Food and Beverage Sales

L(3)

 

b. Convenience Market

L(3)

 

(1) With Gasoline Sales

 

 

c. Specialty Food Shops

L(3)

 

(1) With Off-site Distribution

L(5)

(C)

10. Funeral and Interment Services

 

 

11. Health Clubs

L(10)

 

12. Home Improvement Sales and Service

 

 

13. Horticultural Establishment

 

 

14. Lumber and Building Material Yard

 

 

15. Maintenance and Repair Service/Small Equip.

L(4)

 

16. Mini Storage

 

 

17. Nursery

 

 

18. Offices, Business and Professional

 

 

a. Offices, Business and Professional

P

 

(1) Offices, Medical

P

 

19. Parking, Commercial Facility

L(11)

(E)

20. Pawn Shop

L(3)

 

21. Personal Improvement Services

U

 

22. Personal Services

L(3)

 

23. Recreation and Entertainment, Commercial

 

 

a. Within a Building

 

 

b. Outside a Building

 

 

24. Research and Development Services

P

 

25. Retail Sales/Rental

L(12)

 

26. Vehicle/Equipment Sales and Service

 

a. Automobile Rental/Leasing

 

 

b. Automobile Sales/New and Used

 

 

c. Automobile Washing

 

 

d. Automobile Wrecking

 

 

e. Service Stations

L(13)

(F)(G)

(1) Automobile Washing

L(13)

(F)(G)

f. Vehicle/Equipment Repair

 

 

(1) Limited Vehicle Service

 

 

g. Vehicle/Equipment Sales and Rentals

 

 

h. Vehicle Storage

 

 

27. Visitor Accommodations

 

 

a. Bed and Breakfast Inns

L(13)

 

b. Hotels

L(13)

 

c. Motels

L(13)

 

C. Industrial Use Classifications

 

 

1. General Industry

 

 

2. Limited Industry

 

 

3. Research Development Industry

 

 

4. Wholesaling, Distribution and Storage

 

 

D. Agricultural Use Classifications

 

 

1. Animal Husbandry

 

 

2. Crop Production

 

 

E. Community Facility Use Classifications

 

 

1. Adult Day Care Facility

U

 

2. Child Day Care Facility (Day Care Center)

U

(A)

3. Clubs and Lodges

U

 

4. College, Public or Private

U

 

5. Cultural Institutions

 

 

a. Cultural Institutions

U

 

b. Natural History/Science Museum

U

 

6. Emergency Medical Care/No Inpatient

P

 

7. Government Offices

P

 

8. Hazardous Waste Management Facility

 

 

9. Heliports

 

10. Hospitals

 

 

a. Acute Care

 

 

b. Other

 

 

11. Housing for the Homeless/Emergency Shelters

U

 

12. Maintenance and Service Facilities

 

 

13. Park and Recreation Facilities

U

 

14. Public Parking Facilities

P

 

15. Public Safety Facilities

P

 

16. Public Transit Terminals

 

 

17. Recycling Facilities

 

 

a. Collection Facility

 

 

(1) Reverse Vending Machine

L(14)

(H)

(2) Small Collection Facility

L(13)

(H)

(3) Large Collection Facility

 

 

b. Processing Facility

 

 

18. Religious Assembly

U

 

19. Residential Care Facility

U

 

20. Schools, Public or Private

U

 

21. Skilled Nursing Facilities

U

 

22. Utilities, Major

L(15)

 

23. Utilities, Minor

P

 

F. Accessory Uses

 

 

1. Accessory Living Quarters

 

 

2. Accessory Structure

L(16)

 

3. Accessory Uses

L(17)

 

a. Garage Sales

 

 

b. Home Occupations

L(18)

 

G. Temporary Uses

 

(B)

1. Arts and Crafts Shows, Outdoor

L(19)

 

2. Christmas Tree Sales

L(19)

 

3. Civic/Community Events

L(19)

 

4. Farmers Markets

L(19)

 

5. Live Entertainment Events

L(19)

 

6. Outdoor Seating/Eating and Drinking Estab

L(9)

 

7. Pumpkin Sales

L(19)

 

8. Retail Sales, Outdoor

L(19)

 

9. Swap Meets, Non-Recurring

L(19)

 

10. Swap Meets, Recurring

L(19)

 

11. Street Fairs

L(19)

 

12. Vendor Carts

L(20)

 

USE REGULATIONS

L(1)

Permitted subject to the issuance of a Large Family Day Care Home Permit by the Zoning Administrator.

L(2)

Animal Hospitals/Veterinarian Services are permitted provided that there is no boarding of animals except for convalescence or medical examination.

L(3)

Permitted, in the Core Area, on the ground floor of a multi-story building. If the use is to be located in a single story, Core Area building, the use is permitted upon approval of a Conditional Use Permit. In approving the Use Permit the Planning Commission shall find that the proposed ground floor use is compatible with the existing character and uses of the area. Outside of the Core Area, the uses are not permitted.

L(4)

Permitted provided that the primary use of the facility is not retail sales. Where retail sales is the primary use of the facility, the uses are permitted subject to L(3).

L(5)

Permitted subject to L(3) and only as an accessory use associated with Food and Beverage Sales or an Eating and Drinking Establishment, otherwise the use is not permitted.

L(6)

Permitted, in the Core Area, on the ground floor of a multistory building upon approval of an Administrative Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance. If the use is to be located in a single story, Core Area building, the use is permitted subject to L(3) and an additional finding by the Planning Commission that the use is consistent with the Administrative Use Permit Compliance Checklist Conditions of Approval pursuant to Article 12 of Part III of the Zoning Ordinance. Outside the Core Area, the use is not permitted.

L(7)

Not permitted if located within 600 feet of a school (as defined in Article 4, Sec. 10-2.1.403.E) if providing full alcoholic beverage service. Otherwise, permitted, in the Core Area, on the ground floor of a multistory building upon approval of a Conditional Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance. If the use is to be located in a single story, Core Area building, the use is permitted upon approval of a conditional use permit pursuant to both L(3) and to Article 12 of Part III of the Zoning Ordinance. Outside the Core Area, the use is not permitted.

L(8)

Not permitted if located within 600 feet of a school. A Conditional Use Permit shall be required if is to be located within 600 feet of the boundary of any hospital or residential zoning district, otherwise it is a permitted use. The criteria found in Section 10-2.4.605 shall not apply to such conditional use permit, nor shall any such use permit be modified or revoked except for reasons related to this paragraph. The Planning Commission shall grant the conditional use permit unless it finds that: 1) noise from the interior of the facility will be audible from the hospital or residentially zoned property, or 2) noise from the parking lot, other than normal conversation levels, will be audible to the hospital or residentially zoned property.

L(9)

Outdoor seating which requires the construction of permanent structures or alterations to existing buildings shall be subject to Design Review (see Part IV, Article 12. Design Review). A Temporary Encroachment Permit is required for the temporary use of the public right-of-way for the placement of tables and chairs.

L(10)

Permitted in the Core Area. Outside of the Core Area the use is permitted upon approval of a Conditional Use Permit.

L(11)

A Temporary Commercial Parking Lot is permitted subject to the approval of a Minor Use Permit. A Permanent Commercial Parking Lot is permitted subject to the issuance of a Conditional Use Permit.

L(12)

Prescription pharmacies that are an integral part of and ancillary to a complex of medical offices are permitted. All other uses are permitted subject to L(3).

L(13)

In the Core Area, the use is permitted upon the approval of a Conditional Use Permit. Outside the Core Area, the use is not permitted.

L(14)

Permitted subject to the approval of the Community Development Director.

L(15)

Electrical substations, above-ground electrical transmission lines and switching buildings are permitted uses. All other uses within this classification are not permitted.

L(16)

Accessory structures are permitted subject to Sec. 10-2.2.803. Property Development Regulations.

L(17)

See the use regulation for the primary use classification.

L(18)

Home Occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107. Home Occupations).

L(19)

Permitted subject to the approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits).

L(20)

Permitted if they are operating under the same business license as an immediate adjacent eating and drinking establishment or immediate adjacent retail establishment and are not within the public right-of-way.

L(21)

Conditionally permitted in areas designated as Mixed Use Commercial Emphasis (MU-C) or Mixed Use Residential Emphasis (MU-R) by the Walnut Creek General Plan, in all other General Plan land use classifications if at least 90 percent of the dwelling units are restricted units for low or very low income households, and in areas where multiple family residential uses are allowed pursuant to a specific plan; otherwise not permitted.

ADDITIONAL USE REGULATIONS

(A)

See Part III, Article 6. Child Day Care Facilities.

(B)

See Sec. 10-2.3.121. Regulations for Outdoor Sales, Service and Display.

(C)

See Sec. 10-2.3.123. Off-site Distribution, Eating and Drinking Establishments and Specialty Food Shops.

(D)

See Municipal Code, Title 4. Chapter 11. Public Dance Permits.

(E)

See Part III, Article 2. Off-street Parking and Loading Regulations.

(F)

See Sec. 10-2.3.122. Service Stations; Convenience Markets with Gasoline Sales.

(G)

See Part III, Article 8. Concurrent Sales

(H)

See Part III, Article 7. Recycling Facilities.

(I)

See Part III, Article 9. Inclusionary Housing.

(J)

See Part III, Article 12. Alcoholic Beverage Sales.

(§8, Ord. 1927, eff. 7/16/98; §§17, 18, 19, Ord. 2109, eff. 6/15/12; §12, Ord. 2129, eff. 7/3/14; §5, Ord. 2145, eff. 3/4/16)

10-2.2.803 Property Development Regulations.

The following schedule prescribes development regulations for the Office Commercial District. The symbol "NA" indicates that there is no restriction for that particular development regulation or it is not applicable in this District. Numbers in parentheses refer to the "Additional Development Regulations" following the schedule. If the Development Regulation column is blank, the development regulation is then outlined in the "Additional Regulation" footnote.

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

A. Minimum Lot Area

 

 

1. Core Area

10,000 sq. ft.

D(1)

2. Outside Core Area

NA

 

B. Minimum Lot Width

 

 

1. Core Area

80 ft.

D(2)

2. Outside Core Area

NA

 

C. Minimum Lot Frontage

 

 

1. Core Area

80 ft.

D(2)

2. Outside Core Area

NA

 

D. Minimum Lot Depth

 

 

1. Core Area

100 ft.

D(3)

2. Outside Core Area

NA

 

E. Minimum Setbacks

 

D(4) D(5) D(6)

1. Front

Average of 15 ft.

D(7)

2. Side

Average of 10 ft.

D(7)

3. Corner Side

Average of 10 ft.

D(7)

4. Rear

 

D(8)

F. Maximum Height

 

 

1. Core Area

 

D(9)

2. Outside Core Area

 

D(10)

G. Density

 

 

1. Residential

 

D(11)

2. Commercial

 

 

a. Core Area

 

D(12)

b. Outside Core Area

.5 FAR

 

3. Mixed Use

 

a. Core Area

 

D(11) D(12)

b. Outside Core Area

.5 FAR

D(11)

H. Maximum Lot Coverage

NA

 

I. Maximum Floor Area Ratio

 

 

1. Core Area

 

D(12)

2. Outside Core Area

.5 FAR

 

J. Design Review

See Sec. 10-2.4.1202.

 

K. Landscaping

See Part III, Article 11.

D(13)

L. Storage Space for Residential Units

200 cubic feet

D(14)

M. Fences and Walls

See Sec. 10-2.3.104.

 

N. Antennas

See Sec. 10-2.3.120.

 

O. Non-Conforming Conditions

See Part III, Article 3.

 

P. Elevators

See Sec. 10-2.3.124.

 

Q. Recycling Facilities

See Part III, Article 7.

 

R. Parking and Loading

See Part III, Article. 2.

 

S. Signs

See Title 10, Chapter 8.

 

T. Preservation of Trees

See Title 3. Chapter 8.

 

U. Hillside Performance Standards

See Part III, Article 4.

 

V. Stormwater Control

See Title 9, Chapter 16

 

ADDITIONAL DEVELOPMENT REGULATIONS

D(1)

Any existing lot containing less than ten thousand square feet may be developed pursuant to all provisions of this chapter.

D(2)

Any existing lot having a width or frontage of less than eighty feet may be developed pursuant to all other provision of this chapter.

D(3)

Any existing lot having a depth of less than one hundred feet may be developed pursuant to all provisions of this chapter.

D(4)

See Sec. 10-2.3.106. Exclusion of Rights of Way.

D(5)

Refer to the Zoning Map for Future Street Line Setbacks.

D(6)

Refer to the General Plan - Chapter 4, Figure 11 (Building Setbacks).

D(7)

Such yards may be waived or reduced in depth pursuant to the approval of the site plan if existing conditions in the neighborhood of such proposed construction make the required yard inconsistent with existing development.

D(8)

The average rear yard shall be not less than that required in the land use district which abuts the rear line of the lot upon which construction is proposed. If the abutting district has no rear yard requirement or has a rear yard requirement similar to the provisions as required herein, there shall be no required rear yard.

D(9)

Refer to the Zoning Map.

D(10)

The maximum height, outside of the Core Area, shall be 25' unless otherwise specified on the Zoning Map.

D(11)

For residential development refer to the General Plan—Chapter 4, Figure 9 (Mixed Use Floor Area Ratios).

D(12)

For commercial development refer to the General Plan - Chapter 4, Figure 8 (Core Area Commercial Floor Area Ratios).

D(13)

A minimum of 20% of the project site shall be landscaped.

D(14)

The private storage space for a residential unit shall be weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Community Development Department, but shall not be divided into two or more locations.

(§2, Ord. 2037, eff. 12/17/04; §9, Ord. 2070, eff. 6/20/2008; §12, Ord. 2108, eff. 4/7/12; §5, Ord. 2145, eff. 3/4/16)