Article 11. Service Commercial District (S-C)

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10-2.2.1101 Purpose and Intent.

The service commercial zone encompasses a narrow strip of parcels along North Main Street, north of San Luis Road and south of Geary Road. The primary purpose of the zone is to maintain and promote service commercial facilities, as well as retail establishments, that rely on customers arriving by auto. Land uses appropriate for this zoning district are those related to the sale, lease, service and maintenance of automobiles and related equipment, as well as custom manufacturing, storage warehouses, and home improvement businesses.

The zoning district is bisected by North Main Street. The parcels to the west side of North Main Street, adjacent to the residential district, could support more neighborhood-serving land uses, such as banks, offices and small retail stores. These uses are permitted in this zoning district only when they do not interfere with the established service commercial character of the area. The properties to the east, between North Main Street and the I-680 freeway, would be suitable for the heavier commercial uses which may not be appropriate in close proximity to residential neighborhoods. The intent is to protect the regional-serving service commercial land uses, and balancing the need for more local-serving businesses, while ensuring minimal disruption to the adjacent residential areas.

Because the service commercial zoning district is conveniently located along a major thoroughfare with easy access to the I-680 freeway, it also attracts eating and drinking establishments and businesses that serve the traveling public such as hotels. (§4, Ord. 1908, eff. 10/16/97)

 

10-2.2.1102 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 parenthesis is opposite a use classification heading, the referenced regulations shall apply to all use classifications under the heading. Land uses not listed are not permitted.

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

A. Residential Use Classifications

 

(H)

1. Adult Day Care Home

P

 

2. Congregate Living Facility

P

 

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(20)

 

6. Residential Care Home

P

 

7. Accessory Dwelling Unit

 

 

8. Single Family Residential

 

 

B. Commercial Use Classifications

 

(B)

1. Ambulance Services

U

 

2. Animal Sales and Service

 

 

a. Animal Hospital

P

 

b. Animal: Retail Sales and Grooming

P

 

c. Horse Stables

 

 

d. Kennel

U

 

3. Artist Studio

P

 

4. Banks and Savings and Loans

 

 

a. Banks and Savings and Loans

L(2)

 

5. Catering Services

P

 

6. Commercial Cannabis Business

 

 

a. Commercial Cannabis Cultivation

 

 

b. Commercial Cannabis Distribution

 

 

c. Commercial Cannabis Manufacturing

 

 

d. Commercial Cannabis Retail Dispensary

 

 

(1) With Cannabis Delivery

 

 

e. Nonstorefront Delivery-Only Operation

L(21)

 

g. Commercial Cannabis Testing Laboratory

 

 

7. Communication Facilities

P

 

8. Custom Manufacturing

P

 

9. Eating and/or Drinking Establishments

 

(I)

a. Eating and/or Drinking Establishments

P

 

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

L(3)

 

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

L(4)

 

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

L(3)

 

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

L(4)

 

(5) With Live Entertainment

P

(C) (I)

(6) With Dancing

P

(C) (I)

(7) With Take-out Service

P

 

(a) Drive-up

U

 

(8) With Permanent Outdoor Seating

L(6)

 

(9) With Off-site Distribution

P

(D)

(a) Micro-brewery

P

(D)

10. Food and Beverage Sales

 

 

a. Food and Beverage Sales

P

 

b. Convenience Market

L(7)

 

(1) With Gasoline Sales

U

(F)

c. Specialty Food Shops

P

 

(1) With Off-site Distribution

P

(D)

11. Funeral and Interment Services

L(8)

 

12. Health Clubs

P

 

13. Home Improvement Sales and Service

P

 

14. Horticultural Establishment

P

 

15. Lumber and Building Material Yard

P

 

16. Maintenance and Repair Service/Small Equipment

P

 

17. Mini Storage

P

 

18. Nursery

P

 

19. Offices, Business and Professional

 

 

a. Offices, Business and Professional

L(9)

 

(1) Offices, Medical

L(9)

 

20. Parking, Commercial Facility

P

(E)

21. Pawn Shop

P

 

22. Personal Improvement Services

P

 

23. Personal Services

P

 

24. Recreation and Entertainment, Commercial

 

 

a. Within a Building

U

 

b. Outside a Building

U

 

25. Research and Development Services

P

 

26. Retail Sales/Rental

P

 

27. Vehicle/Equipment Sales and Service

 

 

a. Automobile Rental/Leasing

L(10)

 

b. Automobile Sales/New and Used

L(11)

 

c. Automobile Washing

U

 

d. Automobile Wrecking

 

e. Service Stations

U

(F)

(1) Automobile Washing

U

 

f. Vehicle/Equipment Repair

L(11)

 

(1) Limited Vehicle Service

L(11)

 

g. Vehicle/Equipment Sales and Rentals

L(12)

 

h. Vehicle Storage

U

 

28. Visitor Accommodations

 

 

a. Bed and Breakfast Inns

P

 

b. Hotels

P

 

c. Motels

P

 

C. Industrial Use Classifications

 

(B)

1. General Industry

 

 

2. Limited Industry

U

 

3. Research Development Industry

 

 

4. Wholesaling, Distribution and Storage

U

 

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

 

 

5. Cultural Institutions

 

 

a. Cultural Institutions

P

 

b. Natural History/Science Museum

P

 

6. Emergency Medical Care/No Inpatient

U

 

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

 

12. Maintenance and Service Facilities

U

 

13. Park and Recreation Facilities

P

 

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(13)

(G)

(2) Small Collection Facility

L(13)

(G)

(3) Large Collection Facility

U

(G)

b. Processing Facility

 

 

18. Religious Assembly

 

 

19. Residential Care Facility

 

 

20. Schools, Public or Private

 

 

21. Skilled Nursing Facilities

 

 

22. Utilities, Major

L(14)

 

23. Utilities, Minor

P

 

F. Accessory Uses

 

 

1. Accessory Living Quarters

 

 

2. Accessory Structure

L(15)

 

3. Accessory Uses

L(16)

 

a. Garage Sales

 

 

b. Home Occupations

L(17)

 

c. Personal Cannabis Cultivation

L(22)

(J)

G. Temporary Uses

 

(B)

1. Arts and Crafts Shows, Outdoor

L(18)

 

2. Christmas Tree Sales

L(18)

 

3. Civic/Community Events

L(18)

 

4. Farmers Markets

L(18)

 

5. Live Entertainment Events

L(18)

 

6. Outdoor Seating/Eating and Drinking Establishment

L(6)

 

7. Pumpkin Sales

L(18)

 

8. Retail Sales, Outdoor

L(18)

 

9. Swap Meets, Non-Recurring

L(18)

 

10. Swap Meets, Recurring

L(18)

 

11. Street Fairs

L(18)

 

12. Vendor Carts

L(19)

 

USE REGULATIONS

L(1)

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

L(2)

Automated teller services through machines are permitted; all other uses under this classification are prohibited.

L(3)

Permitted upon approval of an Administrative Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.

L(4)

Not permitted if located within 600 feet of the boundary of any school (as defined in Article 4, Sec. 10-2.1.403.E) if providing full alcoholic beverage service. Otherwise, permitted upon approval of a Conditional Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.

L(5)

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(6)

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(7)

A Conditional Use Permit shall be required if it is to be located on the west side of North Main Street, otherwise it is a permitted use. The Planning Commission shall grant the conditional use permit if it finds that noise associated with the proposed use does not adversely impact residentially zoned property. The Planning Commission, in making the finding for approval, may impose conditions in regards to the following items (or any other items it deems appropriate to mitigate noise):

a) Hours and days of operation.

b) Installation of sound attenuation material, if necessary, to mitigate noise impacts.

L(8)

Crematories, columbariums and mausoleums are not permitted. Mortuaries are permitted subject to the issuance of a Conditional Use Permit.

L(9)

Permitted on the ground floor provided that the office is an accessory use to a permitted use. Permitted on floors above the ground floor. Offices not accessory to a permitted use, or on the floors above the ground floor level, are subject to the issuance of a Conditional Use Permit and the finding that the office use will not alter or interfere with the character of the service commercial businesses in the zoning district.

L(10)

A Conditional Use Permit shall be required if located on the west side of North Main Street subject to the findings that:

a) The site fronts North Main Street with access from North Main Street;

b) There is adequate space so that all vehicles for rent or lease can be parked on site at all times, and/or the use can demonstrate that it has other facilities that can accommodate the additional vehicles in excess of the subject site;

c) The business will not negatively impact the abutting residential area. To ensure that the finding can be made, the Planning Commission may impose conditions relating to noise attenuation, screening, landscaping and setbacks. This use is also subject to the conditions in L(11).

d) Are found in Sec. 10-2.4.605 for Conditional Use Permits.

L(11)

All facilities which have repair, loading, storage and other visually detractive activities (this does not include car sales inventory) which would be visible from the North Main Street corridor or the I-680 freeway shall be reviewed and approved by the Design Review Commission. The Design Review Commission shall not approve any application where such activities cannot be adequately screened so as to preclude visibility from the North Main Street corridor or the I-680 freeway.

L(12)

Sale or rental of tractors, construction or agricultural equipment and similar equipment is permitted subject to the approval of a Conditional Use Permit. The sale or rental of motorcycles, mobile homes, recreational vehicles, and similar equipment is permitted. All vehicles and equipment for sale or rent must be parked or stored on site at all times, unless it can be demonstrated that there are other facilities that can accommodate the additional vehicles in excess of the subject site.

L(13)

Permitted subject to the approval of the Community Development Director.

L(14)

Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.

L(15)

Accessory structures are permitted subject to Sec. 10-2.3.1103. Property Development Regulations.

L(16)

See the use regulation for the primary use regulation.

L(17)

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

L(18)

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

L(19)

Vendor-carts associated with a Civic/Community event are permitted subject to approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits). All other vendor-carts are not permitted.

L(20)

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.

L(21)

Permitted subject to the issuance of a Conditional Use Permit and Operator's Permit pursuant to Article 14 of Part III of the Zoning Ordinance.

L(22)

Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.

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, Display.

(C)

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

(D)

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

(E)

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

(F)

See Part III, Article 8. Concurrent Sales and Sec. 10-2.3.122. Service Stations; Convenience Markets with Gasoline Sales.

(G)

See Part III, Article 7. Recycling Facilities.

(H)

See Part III, Article 9. Inclusionary Housing.

(I)

See Part III, Article 12. Alcoholic Beverage Sales.

(J)

See Part III, Article 14. Personal and Commercial Cannabis Activities.

(§4, Ord. 1908, eff. 10/16/97; §10, Ord. 1927, eff 7/16/98, §§26, 27, 28, Ord. 2109, eff. 6/15/12; §15, Ord. 2129, eff. 7/3/14; §7, Ord. 2145, eff. 3/4/16; §§7(2), (3), (33)—(35), Ord. 2183, eff. 9/8/18; §3, Ord. 2188, eff. 3/8/19; §5(2), Ord. 2216, eff. 7/2/22)

10-2.2.1103 Property Development Regulations.

The following schedule prescribes development regulations for the Service 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

NA

 

B. Minimum Lot Width

NA

 

C. Minimum Lot Frontage

NA

 

D. Minimum Lot Depth

NA

 

E. Minimum Setbacks

 

D(1) D(2)

1. Front

NA

 

2. Side

NA

 

3. Corner Side

NA

 

4. Rear

NA

 

F. Maximum Height

 

D(3)

G. Density

 

 

1. Residential

 

D(4)

2. Commercial

.3 FAR

 

3. Mixed Use

.3 FAR

D(4)

H. Maximum Lot Coverage

NA

 

I. Maximum Net Floor Area Ratio

.3 FAR

 

J. Design Review

See Sec. 10-2.4.1202.

 

K. Landscaping

See Part III, Article 11.

D(5)

L. Storage Space for Residential Units

200 cubic feet

D(6)

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)

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

D(2)

Refer to the Zoning Map for Future Street Line Setbacks.

D(3)

The maximum building height shall be 30 feet unless otherwise specified by the Zoning Map.

D(4)

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

D(5)

No building shall be constructed or moved onto any building site, nor shall any building be enlarged unless landscaping is provided and is approved by the Design Review Commission.

D(6)

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; §13, Ord. 2070, eff. 6/20/2008; §15, Ord. 2108, eff. 4/7/12; §7, Ord. 2145, eff. 3/4/16)