Chapter 18.53
MIXED USE DISTRICT (M)

Sections:

Article I. General

18.53.010    Specific purposes.

18.53.020    Land use and development regulations.

Article II. Development Standards

18.53.030    Development regulations.

18.53.040    Review of plans.

Article I. General

18.53.010 Specific purposes.

The purposes of the mixed use district are to:

A. Promote use of mass transit facilities by placing high concentrations of residents and employees in proximity to transit stations and routes;

B. Establish standards and guidelines that allow integration of high-density residential, commercial and business uses, resident and employee services, and public spaces;

C. Provide safe, attractive, accessible and well-designed pedestrian and bicycle pathways and routes between transit facilities, services, jobs and housing, in order to create interconnected neighborhoods and reduce automobile use;

D. Minimize prominence of the automobile and enhance the pedestrian space through design standards that encourage visible and usable public open spaces and that orient commercial structures toward the pedestrian and street;

E. Ensure that new development, redevelopment, rehabilitation of structures and establishment of new uses within one-half mile of existing and future transit stations occur in a manner that is consistent with the general plan. [Ord. 07-1284 § 3 (Exh. D), 2007.]

18.53.020 Land use and development regulations.

In the following schedule, the letter “P” designates use classifications permitted in the mixed use district. The letter “L” designates use classifications subject to certain limitations prescribed by the “Additional Use Regulations” that follow. The letter “U” designates use classifications permitted on approval of a use permit (Chapter 18.28 PMC). The letter “T” designates temporary use classifications permitted on approval of a temporary activity permit. The letter “Z” designates accessory use classifications permitted on approval of the zoning administrator.

M DISTRICT – LAND
USE REGULATIONS 

P = Permitted

U = Use Permit, Planning Commission

T = Temporary Activity Permit

L = Limited (See Additional Use Regulations)

Z = Use Permit, Zoning Administrator

– = Not Permitted

 

M

Residential

Congregate care residential

L-157

Day care home

 

Small

P

Large

L-163

Multifamily residential

L-157

Single-family residential – Attached

P

Supportive housing

L-157

Transitional housing

L-157

Governmental and Quasipublic

Club and lodge

U

College, public or private

L-32

Cultural institution

P

Day care, general

L-145

Government office

L-27

Park and recreation facility

L-2

Public parking facility

L-114

Public safety facility

U

Public transit terminal

L-146

Religious assembly

L-117

School, public or private

L-117

Telecommunication facility

P

Utility, minor

P

Commercial

Animal sales and service

 

Animal grooming

L-147

Animals – Retail sales

P

Artist’s studio

P

Bakery, commercial

L-119a

Bank and savings and loan

L-121

ATM

P

Commercial filming and communications

L-148

Commercial recreation and entertainment

 

Within building

U

Limited

U

Eating and drinking establishment

 

Restaurant, full-service

P

Restaurant, self-service

P

Restaurant, take-out

P

Restaurant with full alcoholic service

U

Restaurant with outdoor dining

L-128

Alcoholic beverage establishment

U

Alcoholic beverage establishment or restaurant with live entertainment

L-129

Food and beverage sales

 

Grocery

U

Liquor store

U

Specialty food market

P

Food shop

P

Catering service

L-119a

Funeral and interment services

L-149

Laboratory, limited

P

Massage establishment

L-131

Medical services office

P

Office, business and administrative

P

Personal improvement services

L-117

Personal services

P

Printing and publishing services

 

Electronic

L-148

Limited

P

Recycling collection facility

 

Reverse vending machine

P

Recycling facility, small

L-148

Research and development services

L-148

Retail and wholesale sales

 

General merchandise, retail and rental

L-150

Nursery

L-137

Mail order or direct selling establishment

L-148

Secondhand appliance and clothing sales

L-139

School, commercial

L-117

Smoke shop

L-165

Smoking lounge

L-165

Vehicle/equipment sales and service

 

Visitor accommodations

 

Bed and breakfast inn

U

Hotel

U

Industrial

Industrial services

 

Contractor

U

Manufacturing

 

Custom

L-160

Accessory Uses

Accessory uses

P

Accessory structures

 

Nonresidential accessory structure

P

Caretaker’s quarters

U

Temporary Uses

Christmas tree sales

T

Circus and carnival

T

Commercial filming, limited

T

Farmers’ market

T

Holiday boutique

T

Personal property sales

P

Real property sales

P

Religious assembly

T

Retail sales, outdoor

T

Rummage sales

T

Trade fair

T

 

M DISTRICT – ADDITIONAL USE REGULATIONS 

L-2

Publicly owned facilities permitted. Privately owned noncommercial facilities, including swim clubs or tennis clubs, shall be subject to a use permit.

L-27

Use permit required for establishments occupying more than 10,000 square feet of gross floor area or more than 50 percent of the floor area in a shopping center. Use permit required for on-site maintenance or outdoor storage of vehicles.

L-32

Use permit for private institutions; public schools permitted.

L-101

Permitted; provided, that such uses shall be separated from each other by a minimum distance of 300 feet, measured from any point upon the outside wall of the structure(s) housing the facility.

L-114

Permitted when owned and operated by a public agency. All other public parking facilities require a conditional use permit.

L-117

Use permit required for establishments within a facility with an occupancy of 50 or more seated persons, as determined by Uniform Building Code standards. Otherwise permitted.

L-119a

Permitted on the ground floor only if the entire storefront, to a minimum depth of 20 feet, is primarily used for retail sales (i.e., as a counter area, display area, seating area, or general retail sales and display area). The city planner may grant exceptions when the building is not conducive to the 20-foot requirement; provided, that a substantial amount of retail space, visible from the sidewalk, is provided. Additionally, the business may have no more than two catering/delivery vehicles, and parking for those vehicles must be in designated parking spaces in a private parking lot behind or to the side of the building occupied by the business.

L-121

Conditional use permit required. In approving the use permit, the planning commission must find that the location of the proposed bank does not impede or discourage the flow of pedestrian traffic.

L-128

An outdoor dining permit is required for all outdoor dining activities.

L-129

Permitted for live or recorded music in full-service and self-service restaurants between the hours of 10:00 a.m. and 10:00 p.m.; provided, that the noise generated is not audible beyond the property line or lease space for the use. When the provisions above are not met, a conditional use permit or temporary activity permit is required.

L-131

Use permit required. Applicant must also apply for and obtain a business permit pursuant to the requirements of Chapter 5.64 PMC.

L-137

Limited to establishments operating inside of a building.

L-139

Limited to clothing consignment stores.

L-145

Permitted; provided, that the city engineer has determined that drop-off and pickup associated with the use can be made safely without disruption of circulation patterns or modification to the streets that provide access to the site. Otherwise, a use permit is required.

L-146

Permitted when owned by a public agency or transit district. Surface park and ride lots prohibited.

L-147

Use permit required for overnight boarding of animals.

L-148

Permitted above ground floor level, except for small recycling facilities. Use permit required for any establishment occupying the ground floor level of a building constructed on a lot with frontage on Railroad Avenue, or California Avenue east of Harbor Street. Otherwise, prohibited.

L-149

Prohibited within one-quarter mile radius of the Railroad Avenue transit station, as designated in the general plan. Use permit required elsewhere.

L-150

Establishments occupying fewer than 25,000 square feet of gross floor area are permitted. Use permit required for establishments occupying 25,000 to 50,000 square feet of gross floor area. Establishments occupying more than 50,000 square feet of gross floor area prohibited.

L-157

Permitted in the Railroad Avenue specific plan area and along the West 10th Street mixed use corridor in accordance with residential development standards set forth in the specific plan, design guidelines or other applicable planning document(s).

L-160

Ceramic studio, candle-making, custom jewelry manufacture and similar use as determined by the city planner permitted. If located on the ground floor of a building on a lot with frontage on Railroad Avenue, the entire storefront, to a minimum depth of 20 feet, must be used for retail sales and display of merchandise.

L-163

Permitted; provided, that (1) outdoor activities shall not occur before 8:00 a.m. on weekdays and 9:00 a.m. on weekends, and shall not occur after 9:00 p.m. any day of the week; (2) a minimum of one paved off-street drop-off/pick-up parking space is provided on site (note, this is in addition to any required parking for the residential unit); (3) the off-street parking space is reserved exclusively for child loading and drop-off during all hours of operation, and parents shall be provided notice about the availability of the designated drop-off/pick-up location; and (4) the use is separated from other large family day care homes by a minimum of 300 feet in all directions, as measured from property line to property line. Zoning administrator approval required for any use that does not meet all of these requirements. Zoning administrator approval process (when required) shall adhere to the requirements of state law, including the California Child Day Care Facilities Act (California Health and Safety Code Section 1597.46(a)(3)), as amended from time to time.

L-165

Use permit required. Must be located at least 1,000 feet away from the property line of a school and front door of an existing smoke shop or smoking lounge. Appropriate air filtration systems shall be required for lounges if there are potential impacts to adjacent land uses.

[Ord. 18-1452 § 3, 2018; Ord. 18-1451 § 3 (Exh. C), 2018; Ord. 17-1424 § 4 (Exh. A), 2017; Ord. 16-1419 § 4, 2016; Ord. 15-1390 § 3 (Exh. C), 2015; Ord. 11-1350 § 3, 2011; Ord. 09-1322 § 3, 2009; Ord. 09-1319 § 3(3)(B), 2009; Ord. 07-1284 § 3 (Exh. D), 2007.]

Article II. Development Standards

18.53.030 Development regulations.

A. Railroad Avenue Specific Plan Area. Land use and development regulations for properties located within the Railroad Avenue specific plan area shall conform to the applicable use and development regulations identified in the specific plan.

B. Pittsburg/Bay Point BART Master Plan Area. Land use and development regulations for properties located within the Pittsburg/Bay Point BART master plan area shall conform to the applicable use and development regulations identified in the master plan.

C. West 10th Street Mixed Use Corridor. Nonresidential and mixed use development shall be regulated by the property development regulations specified in the CC district. Residential development that does not contain a commercial or governmental/quasipublic component shall be regulated by the property development regulations specified in the best fit zoning of the RM-D district or the RH-D district, as determined by the city planner or planning commission, as dictated by the code. [Ord. 16-1420 § 4, 2016; Ord. 11-1350 § 3, 2011; Ord. 07-1284 § 3 (Exh. D), 2007.]

18.53.040 Review of plans.

All projects require design review. [Ord. 07-1284 § 3 (Exh. D), 2007.]