CHAPTER 2. ZONING1 Revised 2/23 Revised 12/23
PART I. GENERAL PROVISIONS
Article 1. Title, Adoption of Provisions and Land Use Guides
10-2.1.101 Title.
Title 10, Chapter 2 of the Municipal Code shall be known and cited as the "Zoning Ordinance of the City of Walnut Creek" or "Zoning Ordinance."
10-2.1.102 Purpose and Intent.
The regulations contained in this chapter are deemed necessary in order to encourage a more appropriate use of land, to conserve and stabilize the value of land, to provide adequate open spaces for light and air, to prevent and fight fires, to prevent undue congestion of population, to lessen congestion on streets, to facilitate provision of adequate community utilities such as transportation, water, sewerage, schools, parks and other public requirements, and to promote the health, safety, comfort, convenience, prosperity and general welfare of its citizens, all in accordance with the long-range, comprehensive General Plan of the City, and thus to provide the economic and social advantages resulting from the orderly, planned use of land resources.
10-2.1.103 Adoption of Zoning Provisions.
In conformity with the provisions of the State Conservation and Planning Act, and after the public hearings required therein, there are hereby adopted in this chapter comprehensive land use and zoning regulations for the City, together with a Zoning Map. This chapter is a precise and detailed plan for the use of land in the City, based upon the General Plan of the City.
10-2.1.104 Effect of Adoption.
Nothing contained in this chapter shall be deemed to repeal or amend any regulation of the City requiring a permit or license, or both, which is required for any business, trade or occupation; nor shall anything in this chapter be deemed to repeal or amend the Building Code of the City.
10-2.1.105 Adoption of Land Use Guides.
The use of land in the City shall be guided, regulated and restricted by the terms of this chapter and the Zoning Map, which map is referred to and adopted with and as a part of this chapter.
Article 2. Establishment of Districts
10-2.1.201 Designation of Land Use Districts.
A. Land Use Zone Map. For the purpose of orderly, planned development of the City and to implement the General Plan, the City is hereby divided into several land use districts which are designated as follows:
1. R-40, Single-Family Residential District;
2. R-20, Single-Family Residential District;
3. R-15, Single-Family Residential District;
4. R-12, Single-Family Residential District;
5. R-10, Single-Family Residential District;
6. R-8.5, Single-Family Residential District;
7. R-8, Single-Family Residential District;
8. D-3, Duplex Residential;
9. M-3, Multiple-Family Residential District;
10. M-2.5, Multiple-Family Residential District;
11. M-2, Multiple-Family Residential District;
12. M-1.5, Multiple-Family Residential District;
13. M-1, Multiple-Family Residential District;
14. M-H-D, High Density Residential Planned Development;
15. H-P-D, Hillside Planned Development;
16. P-R, Pedestrian Retail District;
17. C-R, Central Retail District;
18. O-C, Office Commercial District;
19. M-U, Mixed Use Planned Development;
20. AS-CM, Automobile Sales/Service and Custom Manufacturing District;
21. C-C, Community Commercial District;
22. S-C, Service Commercial District;
23. B-P, Business Park District;
24. O-S-R, Open Space Recreation District;
25. C-F, Community Facility District;
26. P-D-(followed by Ordinance number), Planned Development District;
27. O, Overlay District;
28. SFH-PD1, Single Family High-Planned Development District;
29. MU-C, Commercial Mixed Use District; and
30. MU-R, Residential Mixed Use District.
B. Such land use districts are delineated and set forth on the zoning map of the City, which is contained in Table 3* of the Walnut Creek Municipal Code.
*Code reviser's note: Table 3 became inactive when the city began using its GIS system. Below are the links to the two sheets of the official zoning map:
Sheet 1 of 2: http://www.walnut-creek.org/civica/filebank/blobdload.asp?BlobID=3733
Sheet 2 of 2: http://www.walnut-creek.org/civica/filebank/blobdload.asp?BlobID=3732
(§4, Ord. 2161, eff. 1/19/17; §4, Ord. 2200, eff. 12/6/19)
10-2.1.202 Zoning Map Adopted.
A. Zoning Map. The boundaries of the various land use districts are shown upon a map designated as the "Zoning Map of the City of Walnut Creek," which map is made a part hereof by reference and is contained in Table 3* of the Walnut Creek Municipal Code. (§4, Ord. 2070, eff. 6/20/2008)
*Code reviser's note: Table 3 became inactive when the city began using its GIS system. Below are the links to the two sheets of the official zoning map:
Sheet 1 of 2: http://www.walnut-creek.org/civica/filebank/blobdload.asp?BlobID=3733
Sheet 2 of 2: http://www.walnut-creek.org/civica/filebank/blobdload.asp?BlobID=3732
B. Building Height Zones.
1. Measure A, the Building Height Freeze Initiative was passed at a Special Election held on March 12, 1985 and became effective on March 29, 1985. The text of Measure A is adopted as part of the Walnut Creek Municipal Code as follows:
a) "The building height limitations in the Zoning Ordinance (as of March 29, 1985) shall not be raised without the approval of the electorate.
b) No use permits to exceed the basic building height limitations of a land use district shall be granted.
c) No permit shall be issued to construct a building over six stories in height without the approval of the electorate.
2. For the purpose of the orderly planned development of the city, consistency with Measure A height regulations, and the implementation of the General Plan, Building Height Zones are adopted as a part of this code and are indicated on the Zoning Map. In all areas of the city, the maximum building height is as stipulated within the Development Regulations of each zoning district, except as otherwise shown on the Zoning Map. Two special designations are included on the Zoning Map:
a. 35/50 Feet Height Limit. This height limit establishes a normal maximum building height of thirty-five (35) feet, consistent with the existing scale and character of the area. This height limit may be extended up to fifty (50) feet by stepping back additional building floors. The precise amount of setback required from the property line along the street frontage will depend upon maintaining a compatible pedestrian scale street wall edge, the design and orientation of adjacent structures, and the individual project design. The depth of the height setback should be as follows:
i. For buildings located within the boundaries of the Locust Street/Mt. Diablo Boulevard Specific Plan, the depth of the height setback shall be a minimum of 10 feet from the property line along the street frontage, except architectural elements that provide variation and promote visual interest (e.g., towers) may exceed the thirty-five (35) foot height limit without stepping back from the face of the building; provided, that such architectural elements do not exceed twenty-five percent (25%) or twenty-five (25) linear feet of each building frontage, whichever is less.
ii. For buildings in all other areas, the depth of the height setback should not be less than twenty (20) feet from the property line along the street frontage, except where the Design Review Commission approves a reduction. Parcels of shallow depth are unlikely to achieve a height of fifty (50) feet. (See General Plan Chapter 4, Policy 13.2 and Figure 7.)
b. Transitional Height Zones. Transitional Height Zones are areas where a 35-foot height limit is established approximately 100 feet from the property line along the street frontage, and where a 50-foot height limit is established beyond the 35-foot height limit area. Where the boundary between the 35-foot height limit area and the 50-foot height limit area bisects a parcel, as it does on North Main Street and South Main Street, the intent is to create a lower, less massive building along the street frontage which may be stepped up to a maximum height of 50 feet in the interior of the parcel. In these Transitional Height Zones, the width of the 35-foot height limit area may be decreased to no less than 80 feet from the parcel line facing the street frontage. The precise depth of the height setback shall depend upon the site configuration, the design of adjacent structures, the typical height profile along the street and individual project design.
C. Parking Reduction Zones. For the purpose of the orderly planned development of the City and the implementation of the General Plan, Parking Reduction Zones are adopted as part of this code. Notwithstanding the quantity of parking required by other portions of this code for the various types of land uses, a parcel of real property which is located within the boundaries of those areas designated as Parking Reduction Zones A, B, C, D and E on the Zoning Map shall be permitted the minimum reduction in the quantity of required off-street parking spaces as specified in Sec. 10-2.3.203. (§4, Ord. 2070, eff. 6/20/08; §4, Ord. 2114, eff. 1/3/13)
10-2.1.203 Definitions of Boundaries.
The following rules shall apply in determining the boundaries of any district or zone shown on the Zoning Map:
A. Street, Alley or Lot Lines. Where the indicated district or zone boundaries are approximately streets or alleys, the centerline of such streets or alleys shall be construed to be the boundary; otherwise such boundaries shall be determined by use of the scale appearing on the Zoning Map unless specifically indicated by dimensions.
1. Uncertainty of Boundaries. Where uncertainty exists, the Planning Commission shall, by written resolution, recommend the location of any district or zone boundary or setback line to the Council for its action and final decision.
2. Vacated Streets. Where a street, alley or right-of-way is officially vacated, the property formerly in such street, alley or right-of-way shall be included within the district or zone or adjoining property on either side thereof.
In the event such street, alley or right-of-way was a boundary between two or more different districts or zones, the new district or zone boundary shall be the property line which is created by such vacation.
10-2.1.204 Use of Land Limited.
Except as provided in this chapter:
A. No building shall be erected and no existing building shall be moved, altered, added to, or enlarged, nor shall any land or building be used, or be designed to be used, for any purpose or in any manner, nor shall any yard or other open space surrounding any building be encroached upon or reduced, except as permitted by and in conformity to the regulations specified in this chapter for the land use district as set forth in the Zoning Map, or any amendment thereto.
B. No yard or open spaces provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building or any other lot.
C. It shall be unlawful to divide any parcel of land so as to create a parcel of land not meeting all of the requirements of this chapter.
D. No building or structure shall be erected nor shall any use be made of any land within any setback area as shown on the Zoning Map except agricultural uses, landscaping or vehicular or pedestrian thoroughfares, said setbacks being in addition to front or street side yards otherwise required herein.
E. No use shall be made of land in the City which use is obnoxious or detrimental to the area in which such use is made or intended to be made, or which use violates state or federal law, and no use of land other than the uses specifically authorized in any district shall be made. Specific uses of land, buildings and structures listed as not permitted in this chapter in each district are hereby declared to be detrimental to the public health, safety and welfare and for this reason expressly prohibited. The enumeration of prohibited uses shall not by implication enlarge the scope of permitted uses; they are for purposes of clarity only. (by §18, Ord. 2046, eff. 12/1/2005)
Article 3. Definitions
10-2.1.301 Purpose and Applicability.
The purpose of this article is to ensure precision in interpretation of the zoning regulations. The meaning and construction of words and phrases defined in this article shall apply throughout the zoning regulations, except where the context clearly indicates a different meaning or construction. For definitions of uses, see Part I, Article 4. Use Classifications.
10-2.1.302 Rules for Construction of Language.
In addition to the General Provisions of the Walnut Creek Municipal Code, the following rules of construction shall apply:
A. The particular shall control the general.
B. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
1. "And" indicates that all connected words or provisions shall apply.
2. "Or" indicates that the connected words or provisions may apply singly or in any combination.
3. "Either...or" indicates that the connected words or provisions shall apply singly but not in combination.
C. In case of conflict between the text and a diagram, the text shall control.
D. All references to departments, commissions, boards, or other public agencies are to those of the City of Walnut Creek, unless otherwise indicated.
E. All references to public officials are to those of the City of Walnut Creek, and include designated deputies of such officials, unless otherwise indicated.
F. All references to days are to calendar days unless otherwise indicated. If a deadline falls on a weekend or holiday, it shall be extended to the next working day.
G. Article and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section hereof.
H. The words "activities" and "facilities" include any part thereof.
10-2.1.303 Definitions. Revised 2/23 Revised 12/23
A. For the purposes of this article, certain words and phrases used herein are defined as follows:
1. Abutting or Adjoining: Having one or more district boundaries or lot lines in common.
2. Accessory Dwelling Unit, Attached: An accessory dwelling unit (as defined in Section 10-2.1.403, Use Classifications) which is physically connected to the main building. An attached accessory dwelling unit may include an interior connection to the other portions of the main building, but only if secured by a door which can be independently locked from either side.
3. Accessory Dwelling Unit, Detached: An accessory dwelling unit (as defined in Section 10-2.1.403, Use Classifications) which is not physically connected to the main building.
4. Accessory Structure: A detached structure which is subordinate and incidental to the main building on the site, including but not limited to storage sheds, equipment enclosures, detached garages, gazebos and animal enclosures. A structure which is functionally part of the main building, is enclosed by a roof or wall, and is not substantially open to the environment shall be considered part of the main building.
5. Accessory Use: A use that is subordinate and incidental to the main use of the site and which is located on the same site as the main use.
6. Acre, Gross: The area of a lot or site, including future streets, parks, and other land dedications, but excluding existing public rights-of-way.
7. Acre, Net: The area of a lot or site remaining after dedication of all required land or rights-of-way.
8. Adult: A person who is eighteen (18) years of age or older.
9. Affordable Housing: Housing that is affordable to extremely low, very low, low and moderate income households as defined in California Health and Safety Code Sections 50052.5 and 50053. For rental units to be considered affordable, the rent plus utilities cannot exceed the percentages of area median income defined as "affordable rent" in the California Health and Safety Code Section 50053. For ownership units to be considered affordable, housing costs cannot exceed the percentages of area median income defined as "affordable housing cost" in the California Health and Safety Code Section 50052.5 (§3, Ord. 2178, eff. 1/5/18)
10. Affordable Housing Costs: The prices of for-sale dwelling units in a housing development that conform to the respective thresholds established annually by the California Department of Housing and Community Development for the County of Contra Costa. For ownership projects, this means a sales price that results in monthly housing costs, including mortgage (principal and interest), property taxes, utilities, property insurance, and homeowner association fees, that do not exceed the following:
A. For very low income households, the product of one-twelfth (1/12) of thirty percent (30%) of fifty percent (50%) of the area median income adjusted for family size.
B. For Low Income Households, the product of 1/12 of 30% of 70% of the Area Median Income adjusted for family size.
C. For Moderate Income Households, the product of 1/12 of 35% of 110% of the Area Median Income adjusted for family size. (§1, Ord. 2077, eff. 5/8/09)
11. Affordable Ownership Cost: A sales price, consistent with the affordable housing cost as defined in California Health and Safety Code Section 50052.5, that results in a monthly housing cost, including mortgage (principal and interest), property taxes, utilities, property insurance, and homeowner association fees, that does not exceed the following:
A. For very low income households, the product of one-twelfth (1/12) of thirty percent (30%) of fifty percent (50%) of the area median income adjusted for family size appropriate for the unit.
B. For low income households, the product of one-twelfth (1/12) of thirty percent (30%) of 70% of the area median income adjusted for family size appropriate for the unit.
C. For moderate income households, the product of one-twelfth (1/12) of thirty-five percent (35%) of one hundred ten percent (110%) of the area median income adjusted for family size appropriate for the unit. (§3, Ord. 2178, eff. 1/5/18)
12. Affordable Rent: Annual rent, including utility costs (based on the utility allowance defined annually by the Housing Authority of the County of Contra Costa), as defined in the California Health and Safety Code Section 50053, that does not exceed the following:
A. For extremely low income households, the product of thirty percent (30%) times thirty percent (30%) of the area median income adjusted for family size appropriate for the unit.
B. For very low income households, the product of thirty percent (30%) of fifty percent (50%) of the area median income adjusted for family size appropriate for the unit.
C. For low income households, when the maximum restricted income is sixty percent (60%) of the area median income, the product of thirty percent (30%) of sixty percent (60%) of the area median income adjusted for family size appropriate for the dwelling unit; and when the maximum restricted income is eighty percent (80%) of the area median income, the product of thirty percent (30%) of eighty percent (80%) of the area median income adjusted for family size appropriate for the dwelling unit.
D. For moderate income households, the product of thirty percent (30%) of one hundred ten percent (110%) of the area median income adjusted for family size appropriate for the dwelling unit. (§3, Ord. 2178, eff. 1/5/18)
13. Alcoholic Beverage: A fermented or distilled beverage including alcohol, spirits, liquor, wine, beer, and any other liquid or solid containing alcohol, spirits, wine or beer that contains one-half (1/2) of one percent (1%) or more of alcohol by volume and that is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
14. Alcoholic Beverage Control (ABC): The California Department of Alcoholic Beverage Control.
15. Alcoholic Beverage Establishment: Any establishment engaged in the retail sale, pursuant to a valid ABC license, of any alcoholic beverage for on-premises consumption. The term "alcoholic beverage establishment" shall include (1) any alcoholic beverage establishment that is not in existence on the effective date of this article, but that is later permitted by the City and issued a valid ABC license, (2) any alcoholic beverage establishment engaged in the retail sale of any alcoholic beverage pursuant to a conditional use permit adopted prior to the effective date of this article and a valid ABC license, and (3) any legal nonconforming alcoholic beverage establishment operating pursuant to a valid ABC license.
16. Alley: A passage way open to public travel affording a secondary means of vehicular access to abutting lots, and intended for general vehicular traffic circulation.
17. Almond-Shuey Neighborhood: That area delineated in Chapter 2, Figure 1 of the Walnut Creek General Plan.
18. Alter: To change the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams, or girders.
19. Animal, Domestic: Small animals of the type generally accepted as pets, including, but not limited to dogs, cats, rabbits, songbirds and the like, but not including livestock or poultry.
20. Animal, Exotic: Any wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display, including, but not limited to pot belly pigs, snakes, reptiles and large tropical birds.
21. Animal, Livestock: Animals customarily kept, used, maintained or raised on a farm or ranch for commercial purposes, including but not limited to horses, ponies, burros, mules, donkeys, cows, steers, sheep, goats, hogs, llamas, alpacas, peafowl and mink.
22. Animal, Poultry: domesticated birds customarily kept for eggs or meat including, but not limited to chickens, roosters, ducks, geese, and turkeys.
23. Antenna: Any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic signals, including but not limited to radio waves and microwaves.
24. Antenna, Amateur Radio: A ground-, building-, or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service and as designated by the Federal Communications Commission (FCC).
25. Antenna, Building Mounted: An antenna, mounted to a building or rooftop equipment screen, that transmits or receives electromagnetic signals.
26. Antenna, Direct Broadcast Satellite Service (DBS): An antenna, usually a small home receiving dish, designed to receive direct broadcast from a satellite.
27. Antenna, Ground-Mounted: Any antenna which is not mounted on the roof of a structure.
28. Antenna, Multipoint Distribution Services (MDS): An antenna designed to receive video programming services via multipoint distribution services, including multipoint multichannel distribution services, instructional television fixed services, and local multipoint distribution services.
29. Antenna, Reception Window: The area within the direct line between a satellite antenna and orbiting communications satellites transmitting signals.
30. Antenna, Satellite: Any antenna used to receive and/or transmit radio or television signals from orbiting communications satellites.
31. Antenna, Satellite Earth Station: An antenna designed to receive and/or transmit radio frequency signals directly to and/or from a satellite.
32. Antenna, Television Broadcast Service (TVBS): An antenna designed to receive only television broadcast signals.
33. Antenna Structure: An antenna array and its associated support structure, such as a mast or tower, (but not to include a suspended simple wire antenna), that is used for the purpose of transmitting and/or receiving electromagnetic signals, including but not limited to radio waves and microwaves.
34. Antenna Structure, Freestanding: An antenna structure or mast that is not attached to a building, fence or other such structure. Freestanding antenna structures include communications towers, wooden utility poles, standard or decorative concrete and steel monopoles. If the total height of the structure, including the antenna, exceeds seventeen (17) feet it shall be treated as a monopole.
35. Antenna Structure, Monopole: A ground-mounted antenna structure, often tubular in shape, made of metal, reinforced concrete or wood, which is at least seventeen (17) feet in height.
36. Apartment: A multifamily dwelling, containing three (3) or more units, under single ownership.
37. Area Median Income (AMI): The median family income of Contra Costa County as published annually by the State of California Department of Housing and Community Development, pursuant to Section 6932 of Title 25 of the California Code of Regulations. (§3, Ord. 2178, eff. 1/5/18)
38. Automobile: See "Vehicle."
39. Balcony: A platform that projects from a wall of a building, typically above the first level, and is surrounded by a rail balustrade or parapet.
40. Base Parking Requirement: The minimum parking required before reduction credits for an effective transportation systems management program are applied.
41. Basement: A floor or space, partly or wholly underground, and having no more than one-half of its height, nor more than seven (7) feet exposed above the finished grade, or base elevation at the exterior walls of the building, whichever is less. Exception: that portion of one (1) exterior wall providing pedestrian or vehicular access to the basement may project entirely out of the ground and still be considered a basement.
42. Bicycle Parking, Long-Term: Bicycle parking that is primarily intended for bicyclists who need bicycle parking for more than three (3) hours and is fully protected from the weather.
43. Bicycle Parking, Short-Term: Bicycle parking primarily intended for bicyclists who need bicycle parking for three (3) hours or less.
44. Boarding House: A building and use with the following characteristics: (a) The building, or rooms in the building, are rented to individuals who are not in exclusive possession of the building; (b) the building has only one (1) kitchen; and (c) a meal or meals are regularly provided or available to the renters for a fee, whether that fee is included in or separate from the rental payment, and whether the fee is paid individually or collectively by all renters. The term "rooming house" shall have the same meaning as the term "boarding house" except that no meals are provided or available.
45. Building: Any structure having a roof supported by columns or walls for the housing or the enclosure of persons, animals or chattels, or property of any kind. The word "building" is included in the word "structure."
46. Building, Main: A structure housing the principal use of a site or functioning as the principal use.
47. Building Height: The vertical distance at any and all points on the site between the base elevation and the top elevation directly above the base elevation as defined herein. The maximum building height is regulated by each zoning district, but in no case is more than six (6) stories above existing or finished grade, whichever is lower, not to exceed eighty-nine (89) feet.
a. Base Elevation: The existing or finished grade, whichever is lower, as shown on an approved topographical survey of the site at the time a Design Review application is submitted for approval of a structure on the site, or in such cases where Design Review is not required, at the time a building permit is submitted for approval. EXCEPTIONS: (1) Where unusual deviations occur in the existing grade such as a small swale, or the property is located in a flood plain, the Community Development Director may make minor adjustments in the building height envelope to permit reasonable building design consistent with the intent and purpose of the building height standards for that zone. (2) When a subdivision has been approved with grade changes on the property, the approved grade changes yet to be completed shall serve as the existing grade for the purpose of defining base elevation. (3) Where fill is required on a downhill lot to increase the building pad elevation to provide gravity flow to the street for sewer and/or storm drainage purposes, the base elevation shall be the approved finished grade.
b. Top Elevation: The highest point of a structure, subject to the following exceptions:
(1) Pitched roofs, with a minimum of three and twelve (3:12) pitch, occupying at least seventy-five percent (75%) of the horizontal roof area and having a ridgeline, shall be measured four (4) feet below the highest ridgeline unless the building height to the top of the parapet is greater, in which case, the building height shall be measured to the highest point of the structure.
(2) Antennas, spires, and flagpoles mounted on top of a building shall not be included as building height.
(3) Solar collectors, skylights, chimneys, clerestories, and housing for elevators, stairs, and mechanical equipment shall not be included as building height provided they do not exceed a height of twelve (12) feet above the roof, and when combined, do not occupy more than twenty-five percent (25%) of the horizontal roof area and are designed in architectural harmony with the building. In addition, for buildings located either within the boundaries of the Locust Street/Mt. Diablo Boulevard Specific Plan, or within the boundaries of the O-26 Overlay Zone (Arts District), the twenty-five percent (25%) roof coverage limitation may be exceeded for purposes of providing views of the City and creative and sustainable design solutions, including such elements as solar collectors, rooftop gardens, and open air restaurants on up to eighty percent (80%) of the horizontal roof area, when designed in architectural harmony with the building.
(4) Small architectural elements which add variety and landmarks to the City skyline, providing the overall building height remains within the height limits.
NOTE: Exceptions (1), (3) and (4) are not additive.
c. Existing Grade: The vertical location of the ground surface prior to excavating, filling, or stockpiling of earth or land.
d. Finished Grade: The final elevation of the ground surface after completion of all site preparation work, or after development and measured at the exterior foundation of the building.
48. Bus: Any motor vehicle (except a vanpool vehicle) designed for carrying more than ten (10) persons including the driver and used for the transportation of passengers. The term "bus" has the same meaning as the term "bus" as defined in the California Vehicle Code.
49. Camper: A shelter designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes. The term "camper" has the same meaning as the term "camper" as defined in the California Vehicle Code.
50. Car Share Vehicle Station: A site or a portion of a site used for the purpose of storing motor vehicles, where the motor vehicle is operated as part of a regional fleet by a public agency, or private car sharing company or organization, that provides hourly and daily rental service.
51. Carport: A permanently roofed structure with one (1) or more open sides for the parking or temporary storage of automobiles.
52. Child Care Facility: A child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school-age child care centers, as defined in Government Code Section 65915(i)(4).
53. Clerestory: An outside wall of a room or a building that rises above an adjoining roof and contains windows.
54. Co-location: The location of two (2) or more wireless communication facilities on a single support structure or otherwise sharing a common location. Co-location shall also include the location of wireless communication facilities with other facilities such as water tanks, light standards, and other utility facilities and structures.
55. Common Interest Development: A community apartment project, condominium project, planned development, or stock cooperative, as defined in Civil Code Section 1351.
56. Community Benefits Program: A document adopted by the Walnut Creek City Council which describes the process to be used in granting increases in height, FAR, and/or density in exchange for developer-provided community benefits, in a manner consistent with the General Plan, any applicable specific plans, and the Zoning Ordinance (including Measure A and the O-23 Almond Shuey Overlay Zone).
57. Community Development Director: The Community and Economic Development Director of the City, or his or her designee. Whenever in this chapter there is a reference to "Community Development Director," it means the Planning Manager, except for Part IV, Article 15 of this chapter, Enforcement. (See Section 10-2.4.1502 regarding enforcement authority.)
58. Compost: A decayed mixture of organic materials that is beneficial to plant growth.
59. Conditionally Permitted: A use not permitted by right but permitted subject to approval of a conditional use permit by the Planning Commission.
60. Conditional Use Permit: A discretionary permit issued by the Planning Commission to allow a use which may or may not be allowable according to the purposes of the zoning district. See also Part IV, Article 6. Conditional Use Permits.
61. Condominium: A building or group of buildings in which units are owned individually, and where the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. The term "condominium" includes the term "common interest development" as defined by Section 1351.c. of the California Civil Code.
62. Conservation Easement: A restrictive covenant that runs with the land and binds upon successive owners that protects against future development such as preservation of open space, scenic, riparian, historical, agricultural, forested, or similar conditions.
63. Convenience Zone: For the purposes of recycling, a convenience zone is an area within a one-half (0.5) mile radius of a supermarket. A "supermarket" for the purpose of the Act is defined as a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000) or more, and which sells a line of dry grocery, canned goods, or non-food items and some perishable items.
64. Core Area: An approximately one and one-fifth (1.2) square-mile central district with higher densities than other parts of the City. The boundaries of the core area are shown in the General Plan.
65. Core Area Retail Street: All of the following streets, or portions of streets, located within the core area:
a. Botelho Drive between S. Main Street and two hundred (200) feet west of S. California Boulevard.
b. N. California Boulevard between Ygnacio Valley Road and Mt. Diablo Boulevard.
c. S. California Boulevard between Mt. Diablo Boulevard and Newell Avenue.
d. S. Main Street between Botelho Drive and Newell Avenue.
e. Mt. Diablo Boulevard between Oakland Boulevard and California Boulevard.
f. Newell Avenue between S. California Boulevard and S. Main Street.
66. Court: An open and unoccupied space, other than a yard, on the same lot with a building and bounded on two (2) or more sides by such building or group of buildings.
67. Coverage, Lot or Site: See "Lot Coverage."
68. Deemed Approved Performance Standards: The performance standards prescribed in Section 10-2.3.1218.
69. Deemed Approved Status: The status conferred upon an alcoholic beverage establishment operating pursuant to Section 10-2.3.1215.
70. Density Bonus: An increase over the otherwise maximum allowable residential density under the applicable land use element of the City's General Plan, any applicable specific plan, and Zoning Ordinance on the date the application is submitted to the City, as defined in Government Code Section 65915(g).
71. Density Bonus Housing Agreement: A legally binding agreement between the developer of a housing development and the City that ensures the requirements of the State Density Bonus Law and the Density Bonus Ordinance are satisfied.
72. Developer: Any person, firm, partnership, association, joint venture, corporation, or any other entity or combination of entities that seeks City real property development permits or approvals.
73. District: A portion of the city within which the use of land and structures and the location, height, and bulk of structures are governed by this Article. The term "district" also includes the term "zoning district."
74. Duplex: A building containing two (2) dwelling units on a single lot.
75. Dwelling: A building designed exclusively for residential occupancy, including single-family, duplex, and multifamily dwellings, but not including a tent, cabin, hotel, motel, boardinghouse, recreational vehicle, motor home or trailer.
76. Dwelling, Multiple-Family: A structure containing more than one (1) dwelling unit sharing common walls or being otherwise attached, including duplexes, triplexes, fourplexes, and apartments. (Accessory dwelling units and junior accessory dwelling units are exempt from this definition.)
77. Dwelling, Single-Family, Attached: A dwelling unit that is physically separated from other dwelling units on the same lot, and has at least one (1) common wall with one (1) or more other dwelling units on adjacent lots. (Accessory dwelling units and junior accessory dwelling units are exempt from this definition.)
78. Dwelling, Single-Family, Detached: A dwelling unit that is physically separated from other dwelling units. (Accessory dwelling units and junior accessory dwelling units are exempt from this definition.)
79. Dwelling Unit: One (1) or more rooms served by a single common kitchen, designed for occupancy by one (1) family for living and sleeping purposes. (Accessory dwelling units and junior accessory dwelling units are exempt from this definition.)
80. Equipment Cabinet: A cabinet or structure used to house equipment associated with a wireless communication facility.
81. Existing (Accessory Structure, Building, Dwelling Unit, Garage, Multiple-Family Dwelling, or Single-Family Dwelling): A legally constructed accessory structure, building, dwelling unit, garage, multiple-family dwelling, or single-family dwelling that is fully extant at the time of issuance of a building permit (pursuant to Title 9, Building Regulations) for modification thereto, or replacement thereof.
82. Facility, Service Provider: Antennas, antenna structures and related equipment that are owned and/or operated by a wireless communication service provider.
83. Fair Housing Laws: The Federal Fair Housing Act (42 U.S.C. Section 3601 et seq.), the California Fair Employment and Housing Act (Government Code Section 12900 et seq.), and the California Disabled Persons Act (Civil Code Section 54 et seq.).
84. Family: One (1) person living alone, or two (2) or more persons living together as a single housekeeping unit in a dwelling unit. A housekeeping unit shall be a group which bears the generic character of a family unit as a relatively permanent household, regardless of biological relationship, and which is characterized by the following: (a) shared use of a single common kitchen: (b) shared household expenses; (c) use by all persons of a shared common entry to the dwelling unit; (d) shared use of all or virtually all areas of the dwelling unit at all times; (e) shared responsibility for household work; (f) shared food; (g) sharing of some or all meals; (h) occupation of the unit under a single lease if the unit is not occupied in part by the owner; (i) shared social, economic and psychological commitments. Family also does not include a group occupying a boarding house, dormitory, fraternity or sorority house, convent, rectory or private residential club.
85. Floor Area, Gross: The total area of all floors in a building as measured to the outside surfaces of exterior walls or to the center line of common walls, excluding crawl spaces, garages, carports, breezeways, attics without floors, and open porches, balconies and terraces. For the purposes of determining the requirement for design review for single-family dwellings, gross floor area shall include the single-family dwelling, accessory dwelling units, junior accessory dwelling units, garages, and all buildings on a lot. In addition, for single-family dwellings with ceilings over fifteen (15) feet above floor height, the gross floor area of these areas shall be doubled for the purpose of calculating the floor area ratio, but not for the purpose of determining actual floor area.
86. Floor Area, Rentable: The total area on all floors as measured to the inside surfaces of interior walls, excluding crawl spaces, garages, carports, breezeways, attics without floors, and open porches, balconies, terraces, and excluding fire corridors, stairwells when used to provide permanent access to different offices, businesses or apartments and exclusive of elevator shafts, lavatories, flues, janitor's storage closets, heating and air conditioning equipment, and other similar space generally used by all occupants of a building rather than by any individual occupant.
87. Floor Area Ratio (FAR): The ratio of developed gross floor area to net lot area, both expressed in square feet.
88. Freeway: See "Street, Freeways."
89. Friable: A soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded.
90. Garage, Private: A completely enclosed, detached accessory building or portion of a main building on the same lot as the building for the parking or temporary storage of automobiles of the occupants of the building.
91. General Plan: A legal document in the form of a map and accompanying text adopted by the local legislative body. A City's General Plan is a summary of its policies regarding the long-term development of its jurisdiction. (See also "City of Walnut Creek—General Plan.")
92. Graywater: Untreated wastewater that has not been contaminated by any toilet discharge; has not been affected by infectious, contaminated, or unhealthy bodily wastes; and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. Graywater includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers.
93. Gross Floor Area: See "Floor Area, Gross."
94. Hazardous Material: Material which may likely result in death, disability, or serious illness if human exposure occurs because of its quantity, concentration or chemical characteristic.
Hazardous material may include but is not limited to any hazardous substance as defined by Section 25316 of the California Health and Safety Code.
95. Height: See "Building Height."
96. Host Use: Host Use is any existing commercial use, shopping center, or community facility in the City of Walnut Creek which can accommodate a recycling facility in compliance with the provisions of Part III, Article 7. Recycling Facilities.
97. Housing Development: One (1) or more groups of projects for dwelling units, or an approved subdivision or common interest development that consists of either dwelling units or unimproved residential lots. "Housing development" also means a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling resulting in a net increase in available dwelling units, or a condominium conversion.
98. Hydrozone: A portion of the irrigated landscape area having plants with similar water needs. Hydrozones are differentiated by the plant factor (PF) of the plantings in each hydrozone.
99. Inclusionary Housing Agreement: A document that has been reviewed and approved by the Community Development Director that delineates the exact requirements that a developer will meet to fulfill the City's inclusionary requirements under this ordinance.
100. Inclusionary Unit: A dwelling unit that has a sales price or rent restricted under the requirements of Title 10, Article 9 of the Municipal Code.
101. Individual with a Disability: A person who has a medical, physical, or mental condition that limits a major life activity, as those terms are defined in California Government Code Section 12926.
102. Infant: A child younger than two (2) years of age.
103. Irrigated Landscape Area: All irrigated planting areas, turf areas, and water features. Irrigated landscape areas include areas where water is provided from any artificial source, including but not limited to water provided by a water utility or a ground well, or by artificial diversion from a natural source other than on-site rainwater collection. Irrigated landscape areas do not include footprints of buildings or structures, sidewalks, streets, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas including those with existing native vegetation.
104. Irrigation Device, Low-Volume: An irrigation device that delivers small volumes of irrigation water slowly at or near the root zone of plants. Low-volume irrigation devices include but are not limited to drip emitters and bubblers.
105. Irrigation Device, Overhead Spray: An irrigation device that delivers irrigation water through the air. Overhead spray irrigation devices include but are not limited to sprinklers, microspray devices, and stream rotor heads.
106. Irrigation Valve Circuit: An area where the irrigation devices are controlled by one (1) valve or by a set of valves that operate simultaneously. Also known as an irrigation station.
107. Kitchen: A room or an area designed to be used for the preparation of food, containing at least a sink, a countertop and storage space, a built-in cooktop and oven, and space for a refrigerator with an appropriate electrical outlet.
108. Kitchen, Efficiency: A room or area, contained within a junior accessory dwelling unit, that is designed to be used for the preparation of food, and which includes (a) a countertop and storage space that are of reasonable size comparing to the size of the unit, (b) a cooking appliance such as a stovetop, conventional oven, microwave oven, toaster oven, or other countertop cooking appliance, and (c) access to a sink and refrigerator.
109. Landscape: To plant and maintain some combination of native or exotic trees, ground cover, shrubs, vines, flowers or lawn. Required landscaping may include natural features such as existing or imported rock and structural features including fountains, pools, art work, screen, walls, fences or benches. Landscaped areas may also include container plants, walkways and concrete plazas when combined with other landscaping features. See also "Irrigated Landscape Area."
110. Landscape Water Meter: An in-line device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use. If permitted by the water utility, it may be a submeter.
111. Lot: A parcel or portion of land separated from other parcels or portions by description, as on a subdivision, parcel, or record of survey map, or by metes and bounds, for purpose of sale, lease, or separate use.
112. Lot, Corner: A site bounded by two (2) or more adjacent street lines or private right-of-ways on two (2) or more adjacent sides that have an angle of intersection of not more than one hundred thirty-five (135) degrees.
113. Lot Coverage: The purpose of lot coverage is to control the visual appearance of structures on a lot in terms of volume and mass. Lot coverage is defined as the total footprint of all structures, including projecting balconies, stairways, porches, patio covers and decking (which exceeds eighteen (18) inches in height). Also included are accessory structures such as detached garages or carports, tool sheds, covered pool equipment units, etc. Roof overhangs up to four (4) feet from the building wall are exempted from coverage calculations. Portions of roof overhangs which exceed four (4) feet are counted towards coverage. Swimming polls and spas do not count towards lot coverage.
114. Lot Depth: The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line.
115. Lot, Double-Frontage: A lot which has two (2) or more lot lines which abut a street and do not intersect to form a corner lot. A double-frontage lot has two (2) front lot lines. (See Lot Line, Front.)
116. Lot, Flag: A lot so shaped and designed that the main building site area does not have street frontage, but is connected to the street by a strip of land which is used for access purposes.
117. Lot Frontage: See "Lot Line, Front."
118. Lot Gross Area: The total area included within the lot lines of a lot, generally expressed in terms of square feet or acres.
119. Lot, Interior: A lot which has only one (1) front lot line.
120. Lot Line: The property lines bounding the lot.
a. Corner Side: A street line that adjoins the corner side yard of a lot.
b. Front: On an interior lot, the lot line abutting a street; or on a corner lot the shorter lot line abutting the street; or on a through lot, the lot line abutting the street providing access to the lot; or on a double frontage lot, both lot lines abutting a street.
c. Interior: A lot line not abutting a street.
d. Rear: A lot line, not a front lot line, that is parallel or approximately parallel to the front lot line. Where no lot line is within forty-five (45) degrees of being parallel to the front lot line, a line ten (10) feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line for the purpose of measuring rear yard setback.
e. Side: Any lot line that is not a front lot line or a rear lot line.
121. Lot Net Area: The total area included within the lot lines of a lot, excluding alleys, vehicular easements, and areas to be included in future street rights-of-way as established by easement, dedication, or ordinance.
122. Lot, Reversed Corner: A corner lot, the sides of which abut the sides of two (2) interior lots and where the side street line becomes a continuation of a front lot line of an adjacent lot.
123. Lot, Through: A lot which has two (2) or more lot lines which abut a street and do not intersect to form a corner lot. A through lot has only one (1) front lot line. (The frontage from which access is permitted shall be deemed the front lot line.)
124. Lot Width: The average horizontal distance between the lot lines measured at right angles to the lot depth between the rear line of the required front yard setback and a point sixty (60) feet to the rear of the rear line of the front yard setback or to a point on the rear yard setback line, whichever is less.
125. Low Income Household: A household whose income does not exceed the lower income limits applicable to the County of Contra Costa, as published and periodically updated by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5.
126. Low Income Ownership Unit: An ownership dwelling unit that is offered for purchase at an affordable ownership cost only to a low-income household.
127. Low Income Rental Unit: A rental dwelling unit that is offered at an affordable rent only to a low-income household.
128. Low-Volume Irrigation Device: See "Irrigation Device, Low-Volume."
129. Manufactured Home: A prefabricated or factory-built structure certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 that is attached to a permanent foundation and is used as a dwelling unit.
130. Market Rate Unit: A dwelling unit in a residential or mixed-use development that is not restricted in terms of price or rent.
131. Master Shut-off Valve: A valve located between the water supply and the valves controlling the individual irrigation valve circuits. When the master shut-off valve is closed, water will not be supplied to the entire irrigation system.
132. Microwave Antenna: See Antenna, Microwave.
133. Mid-element Tuning Device: A mechanical or electrical device, typically consisting of a coil of wire and associated tuning device(s), used to electrically alter the characteristics of an antenna.
134. Mobilehome: A trailer or prefabricated structure that is used as a permanent dwelling unit, is connected to utilities and is designed without a permanent foundation.
135. Mobile Recycling Unit: An automobile, truck, trailer, or van licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes, or containers transported by trucks, vans, or trailers and used for the collection of recyclable materials.
136. Moderate Income Household: A household whose income does not exceed the moderate income limits applicable to the County of Contra Costa, as published and periodically updated by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50093.
137. Moderate Income Ownership Unit: An ownership dwelling unit that is offered at an affordable ownership cost only to a moderate-income household.
138. Moderate Income Rental Unit: A rental dwelling unit that is offered at an affordable rent only to a moderate-income household.
139. Monopole: See "Antenna Structure, Monopole."
140. Monopole, Retractable: A monopole antenna structure with a tubular or lattice design and is capable of being lowered, either manually or electronically, a vertical distance of at least thirty percent (30%) of its fully extended height.
141. Motorcycle: See "Vehicle."
142. Motor Home: A motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been permanently attached. A motor vehicle to which a camper has been temporarily attached is not a motor home. The term "motor home" includes within it meanings the terms "motor home," "house car" and "camp car" (with motor power), as such terms are used or defined in the California Vehicle Code or the California Health and Safety Code.
143. Mulch: Organic materials such as shredded bark or compost, or inorganic mineral materials such as gravel or decomposed granite, left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.
144. Nonconforming Lot: A lot which was lawfully subdivided or established, but which does not conform with the minimum site area, site width or site depth prescribed in the regulations for the district in which the lot is located by reason of adoption or amendment of this article or by reason of annexation of territory to the City.
145. Nonconforming Structure or Building: A structure that was lawfully constructed, but which does not conform with the standards for height, lot coverage, FAR, or setback requirements, by reason of adoption or amendment of this Article or by reason of annexation of territory to the City.
146. Nonconforming Use: Use of a structure or land which was lawfully established and maintained, but which does not conform with the use regulations or required conditions for the district in which it is located by reason of adoption or amendment of this Article or by reason of annexation of territory to the City.
147. Non-Restricted Unit: Any dwelling unit within a housing development excluding restricted units.
148. Notice of Violation: The notice that may be provided, pursuant to Section 10-2.3.1220, to an alcoholic beverage establishment that is operating in violation of the deemed approved performance standards.
149. Off-Street Loading Area: A site or portion of a site devoted to loading or unloading from motor vehicles or trailers, which may include loading berths, access aisles and drives, and any required landscaped areas.
150. Off-Street Parking Area: A site or a portion of a site devoted to off-street parking (not storage) of motors vehicles, which may include parking spaces, aisles, driveway ramps, and any required landscaped areas.
151. Open Space, Common: A usable or natural open space within a residential development reserved for the exclusive use or scenic enjoyment of residents of the development and their guests.
152. Open Space, Private: A usable open space outside of a building adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of the resident of the dwelling unit and guest.
153. Open Space/Recreation: A General Plan land use category. Designates existing publicly owned open space, parks and the golf course. Includes some county owned land designated for open space uses.
154. Open Space, Usable: Outdoor or unenclosed area on the ground, or on a roof, balcony, deck, porch or terrace, designed and accessible for outdoor living, recreation, pedestrian access or landscaping, but excluding parking facilities, driveways, utility or service areas, or any required front or corner side yard setback, and excluding a space with a dimension of less than six (6) feet in any direction or an area of less than thirty-six (36) square feet.
155. Overhead Spray Irrigation Device: See "Irrigation Device, Overhead Spray."
156. Ownership Project: A project consisting of single-family detached for-sale units, or multi-family units, such as, duets, condominiums or townhouses, that will be sold, not rented.
157. Pass Door: A pedestrian access door.
158. Permitted: Permitted without a requirement for approval of a use permit or variance.
159. Planning Commission: The administrative body, appointed by the City Council, charged with the development of the General Plan and formulation and administration of the Zoning Map and Ordinance.
160. Planned Unit Development: A development of land that is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements.
161. Planning Manager: The Planning Manager of the City, or their designee. (See Section 10-2.4.106 regarding responsibilities.)
162. Plant Factor (PF): A factor used in estimating the amount of water needed by plants. The plant factors for individual plants other than turf grasses are based on their classification as high water usage plants, moderate water usage plans, low water usage plants, or very low water usage plants according to the Water Use Classification of Landscape Species (WUCOLS) published by the University of California Cooperative Extension, the Department of Water Resources, and the Bureau of Reclamation. Plant factors not listed in WUCOLS may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources. Plants not listed in WUCOLS will be classified as very low water use plants if their plant factor is 0 to 0.1, low water use plants if their plant factor is 0.1 to 0.3, moderate water use plants if their plant factor is 0.4 to 0.6, and high water use plants if their plant factor is 0.7 to 1.0.
163. Pre-existing: In existence prior to the effective date of this article.
164. Pre-SB 9 Primary Dwelling: An existing single-family dwelling constructed prior to the approval of an SB 9 dwelling or urban lot split on the same lot.
165. Primary Bedroom Window: The window or clear glass door which provides the primary access to air and light from each bedroom in a residential unit. Every bedroom shall be considered to have one bedroom window. Studio units shall not be considered to have a bedroom window. The determination as to which window is the bedroom window shall be made by the Planning Manager, and all such determinations made by the Planning Manager shall be final.
166. Primary Living Room Window: The window or clear glass door which provides the primary access to air and light from the main living area of a residential unit. Every residential unit shall be considered to have one (1) living room window. The determination as to which window is the living room window shall be made by the Planning Manager, and all such determinations made by the Planning Manager shall be final.
167. Primary Window: Either a primary bedroom window or a primary living room window.
168. Processing Facility: A recycling facility located in a building or enclosed space and used for the collection and processing of recyclable materials.
169. Project: Any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this article.
170. Reasonable Accommodation: A modification in the application of land use or zoning regulations or in the application of land use, zoning, or building policies, procedures, or practices when necessary to eliminate barriers to housing opportunities, which does not impose undue financial or administrative burdens on the City or require a fundamental or substantial alteration of the City's regulations, polices, procedures or practices.
171. Recreational Vehicle: A motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy. The term "recreational vehicle" has the same meaning as the term "recreational vehicle" as defined in the California Vehicle Code.
172. Recyclable Material: Recyclable material is reusable material including, but not limited to, metals, glass, plastic, and paper which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Section 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.
173. Recycled Water: Treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.
174. Recycling, Collection Facility: A recycling facility used for the acceptance by donation, redemption, or purchase of recyclable materials from the public. A collection facility includes (a) reverse vending machine facilities, (b) small collection facilities which occupy an area of not more than five hundred (500) square feet, (c) large collection facilities which may occupy an area of more than five hundred (500) square feet and which may include permanent structures.
175. Recycling Facility, Certified: The recycling facility or facilities required by state law to be within each Convenience Zone and which is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act. The term "certified recycling facility" includes the term "certified processor."
176. Related Equipment: All equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors.
177. Rental Project: A multifamily or single-family detached development for which units are rented rather than owned.
178. Residential Development Project: Any project that includes the construction of one (1) or more dwelling units.
179. Residential District: Any district designated "R" (except R-O); "D"; "M"; or "P-D" (if the P-D zone permits residential use), on the Zoning Map of the City of Walnut Creek.
180. Restricted Unit: Any dwelling unit within a housing development designed and intended to be reserved for sale or rent to, and affordable to, very low income households, low income households, or moderate income households, and that is counted towards qualifying a housing development for a density bonus.
181. Ridgeline, Roof: The actual line or point of intersection at the top of a pitched roof between the opposite slopes of a roof.
182. Satellite Dish: See "Satellite Antenna" under "Antenna."
183. SB 9 Dwelling Unit: A dwelling unit that is developed using the provisions in Part III, Article 15 of this chapter, Qualified Senate Bill 9 Properties, and the provisions identified in California Government Code Sections 65852.21 and/or 66411.7.
184. Senior Citizen: A person sixty-two (62) years or older, or fifty-five (55) years of age or older in a senior citizen housing development. The term senior citizen has the same meaning as the term "senior citizen" as such term is defined by California and Federal Law.
185. Senior Citizen Housing Development: A residential development consisting of at least 150 dwelling units which is developed for, designed for, or substantially rehabilitated or renovated for, and occupied by senior citizens fifty-five (55) years of age or older.
186. Service Provider: Any authorized provider of wireless communication services.
187. Setback: The required minimum horizontal distance between the building line and the related front, side, or rear property line.
188. Setback, Future Street Line: An established line from which the minimum front or side setback of a building, structure or portion thereof, is measured. Future street lines are established to provide for future street widening or construction, delineating the area open, or to be open, to public use. If no specific future street line is established, the adjacent existing right-of-way of any abutting street or roadway, either public or private, shall be construed to be the future street line setback.
189. Single Ownership: Holding record title, possession under a contract to purchase, or possession under a lease, by a person individually, jointly, in common, or in any other manner where the property is or will be under unitary or unified control.
190. Site: A lot, or group of contiguous lots or parcels which may be divided by an alley, street, or other right-of-way that is proposed for development under this Article.
191. Soil Amendment: A material added to soil to improve plant growth and health by correcting the soil's deficiencies in structure and/or nutrients.
192. Special Landscape Area (SLA): An area dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water, and areas dedicated to active play such as parks, sports fields, golf course greens, recreational spas and swimming pools, and where turf provides a playing surface.
193. Specific Plan: A plan for a defined area authorized by law that is consistent with the General Plan and with the provisions of the California Government Code, Section 65450 et seq. (Specific Plans).
194. Spire: A slender, tapering, pyramidal roof element usually surmounting a church or tower.
195. Story: That portion of a building included between the surface of any floor and the surface of the floor directly above it; or, if there shall be no floor above it, the space between such floor and the ceiling directly above it. EXCEPTIONS: (a) Subgrade parking structures and basements shall not be considered stories. (b) Above grade parking levels in commercial districts shall count as three-fourths (0.75) story.
196. Street: A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles. Streets are further classified by the function they perform:
a. Freeways: Freeways are limited access facilities designed with four (4) or more travel lanes. The two (2) freeways in Walnut Creek are Interstate 680 and State Route 24.
b. Major Arterials: The function of a major arterial is to move large volumes of traffic at relatively high speeds. Typically, this kind of street varies from four (4) to six (6) lanes in width; parking, loading, and access to individual properties are discouraged. The major arterials are Ygnacio Valley Road, Treat Boulevard, Pleasant Hill Road and Geary Road.
c. Arterial: A street which can range from two (2) to six (6) lanes and which serves as the network for through traffic flow. They are intended to carry high volumes of traffic and provide a means to divert traffic from local streets.
d. Collector Street: Collector streets are designed to move traffic between arterials and local streets. For the most part, collectors are two (2) lane streets with wider rights-of-way than local residential or business streets. In some cases, especially in commercial areas, collector streets may provide four (4) travel lanes.
e. Local Street: Local streets are designed to provide direct access to adjacent property. Through traffic movement is discouraged on these roadways.
197. Street Line: Any lot line abutting a street.
198. Structural Alteration: Any change in the supporting members of a structure or building, such as a bearing wall, column, beam or girder.
199. Structure: Anything constructed or erected on the ground or which is attached to something located on the ground. The work "structure" includes the word "building" but does not include:
a. A fence or wall (used as a fence) if the height does not exceed six (6) feet;
b. Access drive or walk;
c. Deck under eighteen (18) inches from finished grade;
d. Swimming pool or spa.
200. Structure, Main: See "Building, Main."
201. Subsidized Housing: Housing units for which the purchase price, mortgage payment or contract rent is subsidized, or reduced from market rates, by a public or private agency.
202. Substantial Change in Mode or Character of Operation: A substantial change in the mode or character of operation of an alcoholic beverage establishment, as defined in Section 10-2.3.1217.
203. Supportive Housing: Housing with no limit on the length of stay, that is occupied by a target population and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing shall be subject only to those requirements and restrictions that otherwise apply to the residential or community use classification under which it operates (i.e., single-family residential, residential care facilities, etc.).
204. Swimming Pool, Spa or Hot Tub: A water-filled enclosure having a depth of eighteen (18) inches or more which is used for swimming or recreation.
205. Target Population: Persons with low incomes who have one (1) or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
206. Trailer: A vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle. The term "trailer" includes within its meaning the terms "trailer," "trailer coach," "semi-trailer," "utility trailer," "travel trailer," and "mobile home" as such terms are defined in the California Vehicle Code or California Health and Safety Code.
207. Transitional Housing: Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance. Transitional housing shall be subject only to those requirements and restrictions that otherwise apply to the residential or community use classification under which it operates (i.e., single-family residential, residential care facilities, etc.).
208. Turf Grass: A ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue are cool-season grasses. Bermuda grass, kikuyu grass, seashore paspalum, St. Augustine grass, zoysia grass, and buffalo grass are warm-season grasses.
209. Urban Lot Split: The subdivision of an existing parcel into two (2) parcels using the provisions contained in Part III, Article 15 of this chapter, Qualified Senate Bill 9 Properties, and the provisions identified in California Government Code Section 66411.7.
210. Use: The purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered, or enlarged, or for which either a site or a structure is or may be occupied.
211. Use Permit: See "Conditional Use Permit."
212. Used: The term includes arranged, designed, constructed, altered, rented, leased, sold, occupied, or intended to be occupied.
213. Vehicle: A device by which any person or property may be propelled, moved or drawn, except a device moved by human power (such as a bicycle) or used exclusively upon stationary rail or tracks. The term vehicle has the same meaning as the term "vehicle" as defined in the California Vehicle Code, except that the term "vehicle" as used herein, is not limited to a device which may be propelled, moved or drawn upon a highway. (Motorized wheelchairs are excluded from this definition.)
214. Vehicle, Commercial: A vehicle used or maintained for the transportation of persons or property for hire, compensation or profit. The term "commercial vehicle" does not include a motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been permanently attached, or a vanpool vehicle. The term "commercial vehicle" has the same meaning as the term "commercial vehicle" as defined in the California Vehicle Code.
215. Vehicle, Passenger: Any motor vehicle, other than a motor truck, camper vehicle or motor home, designed for carrying not more than ten (10) persons, including the driver and used and maintained for the transportation of persons. The term "passenger vehicle" as such term is used herein, includes within its meaning "passenger vehicle" as such term is defined in the California Vehicle Code, including such vehicle design types as sedan, sports car, station wagon, wagon bus and jeep-type automobile; provided that the terms "motorcycle" and "motor-driven cycle" as such terms are defined in the Vehicle Code, are included within the meaning of "passenger vehicle" as such term is used herein. (Motorized wheelchairs are excluded from this definition.)
216. Vehicle, Vanpool: A motor vehicle designed for carrying more than ten (10) but not more than fifteen (15) persons including the driver, which is maintained and used primarily for the nonprofit work-related transportation of adults for the purpose of ridesharing. The term "vanpool vehicle" has the same meaning as the term "vanpool vehicle" as defined in the California Vehicle Code.
217. Very Low Income Household: A household whose income does not exceed the very low income limits applicable to the County of Contra Costa, as published and periodically updated by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50105.
218. Very Low Income Ownership Unit: An ownership dwelling unit that is offered at an affordable ownership cost to a very low income household.
219. Very Low Income Rental Unit: A rental dwelling unit that is offered at affordable rent only to a very low income household.
220. Visible: Likely to be noticed by a person of average height walking on a street or sidewalk two (2) years after installation of any planting intended to screen a view.
221. Water Feature: A design element where open artificially supplied water performs an aesthetic function. Water features include artificial ponds, waterfalls, fountains, streams, and decorative pools. Water features do not include naturally occurring elements such as lakes, creeks, streams, and springs where the water comes from existing naturally occurring sources.
222. Water Utility: Either the Contra Costa Water District or the East Bay Municipal Utility District.
223. Wireless Communication Facilities: A facility that transmits and/or receives electromagnetic signals, including antennas, monopole and/or accessory structures and related equipment.
224. Wireless Communication Facility—Co-located: A wireless communication facility comprised of a single telecommunication tower or building supporting one (1) or more antennas or similar devices owned or used by more than one (1) public or private entity.
225. Yard: An open space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward except as otherwise permitted in this Article, including a front yard, side yard, corner yard, corner side yard, or rear yard.
226. Yard, Aggregate Side: The total combined side yard of a site.
227. Yard, Corner Side: A yard between the corner side lot line and nearest line of the building and extending from the front yard to the rear lot line.
228. Yard, Front: A yard extending across the full width of the lot between the front lot line and the nearest line of the main building; provided, that if a future street line has been established for the street upon which the lot abuts, such measurement shall be taken from such future street line to the nearest line of the building.
229. Yard, Rear: A yard extending across the full width of the lot between the most rear main building and the rear lot line. The depth of a rear yard setback shall be measured horizontally from the rear lot line toward the nearest part of a main building.
230. Yard, Side: A yard between the side line of the lot and the nearest line of the main building and extending from the front line of the lot to the rear yard setback.
231. Zero Lot Line: the location of the main building on a lot in such a manner that one (1) or more of the building's sides rest directly on a lot line.
232. Zoning Administrator: The Zoning Administrator of the City, or his or her designee. (See Section 10-2.4.105 regarding responsibilities.)
233. Zoning Ordinance: This chapter and the Zoning Maps of the City of Walnut Creek. (§2, Ord. 1902, eff. 2/20/97; §2, Ord. 1967, eff. 8/31/00; §3, Ord. 2005, eff. 12/19/02; §3, Ord. 2025, eff. 3/18/04, and by §3, Ord. 2025, eff. 3/18/04; §1, Ord. 2035, eff. 8/21/04; §1, Ord. 2077, eff. 5/8/09; §§3, 4, Ord. 2108, eff. 4/7/12; §48, Ord. 2109, eff. 6/15/12; §3, Ord. 2114, eff. 1/3/13; §3, Ord. 2129, eff. 7/3/14; §3, Ord. 2131, eff. 7/18/14; §1, Ord. 2134, eff. 11/20/14; §§3, 4, Ord. 2157, eff. 10/6/16; §3, Ord. 2158, eff. 11/18/16; §4, Ord. 2173, eff. 10/20/17; §3, Ord. 2178, eff. 1/5/18; §3, Ord. 2188, eff. 3/8/19; §6, Ord. 2194, eff. 6/7/19; §5, Ord. 2200, eff. 12/6/19; §§2, 18, Ord. 2209, eff. 3/19/21; §5, Ord. 2210, eff. 10/22/21; §6, Ord. 2234, eff. 11/17/23)
Article 4. Use Classifications
10-2.1.401 Purpose and Applicability.
Use classifications describe one (1) or more uses having similar characteristics, but do not list every use or activity that may appropriately be within the classification. The Planning Manager shall determine whether a specific use shall be deemed to be of the same general nature as one (1) of the use classifications or within one (1) or more use classifications or not within any classifications within this title. The Planning Manager may determine that a specific use shall not be deemed to be within a use classification, whether or not named within the classification, if its characteristics are substantially incompatible with those typical of uses named within the classification. The Planning Manager's decision may be appealed to the Planning Commission in accordance with Part IV, Article 5 of this chapter. (§§2, 30, Ord. 2134, eff. 11/20/14; §1, Ord. 2146, eff. 4/1/2016)
10-2.1.402 Uses Not Classified.
Any new use, or any use that cannot be clearly determined to be in an existing use classification, may be incorporated in the zoning regulations by a Zoning Ordinance text amendment, as provided in Part IV, Article 13 of this chapter, Amendments (Rezoning). (§1, Ord. 2146, eff. 4/1/2016)
10-2.1.403 Use Classifications.
A. Residential Use Classifications.
1. Adult Day Care Home. A home which provides supervision and nonmedical care to six (6) or fewer adults, including elderly persons, in the provider's own home, on a less than twenty-four (24) hour basis.
2. Congregate Living Facility. Individual apartments with cooking facilities, central dining and social activity areas. At least one (1) meal a day is provided as well as planned recreational and social activities, transportation services and linen-maid services. This classification does not include services and facilities licensed by the State of California.
3. Family Day Care Home. A home which regularly provides care, protection, and supervision of twelve (12) or fewer children, under the age of eighteen (18), in the provider's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away.
a. Small Family Day Care Home. A home which provides family day care to six (6) or fewer children, including children under the age of ten (10) years who reside at the home.
b. Large Family Day Care Home. A home which provides family day care to seven (7) to twelve (12) children, inclusive, including children under the age of ten (10) years who reside at the home.
4. Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boardinghouses, dormitories, fraternities, sororities, convents, rectories, and private residential clubs but does not include living quarters shared exclusively by a family as defined in Part I, Article 3 of this chapter, Definitions.
5. Multiple-Family Residential. A structure containing more than one (1) dwelling unit sharing common walls or being otherwise attached, including duplexes, triplexes, fourplexes, apartments and single room occupancy facilities (SRO).
6. Residential Care Home. A residential home or facility with a capacity of no more than six (6) persons which provides twenty-four (24) hour non-medical care to persons in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living, or for the protection of the individual. This classification includes group homes, residential care facilities for the elderly, adult residential facilities, and other residential facilities licensed, certified or authorized by the State Department of Social Services.
This classification also includes facilities with a capacity of no more than six (6) persons which are licensed, certified or authorized by the State Department of Health such as drug and alcohol treatment facilities, intermediate care facilities for the developmentally disabled, congregate living health facilities, family care homes, foster homes and group homes for mentally disordered or handicapped persons.
7. Accessory Dwelling Units.
a. Accessory Dwelling Unit. A separate housing unit with kitchen, sleeping, and full bathroom facilities which is a part of, an extension to, or on the same lot as an attached single-family dwelling, a detached single-family dwelling, or a multiple-family dwelling, consistent with Part III, Article 5, Accessory Dwelling Units.
b. Junior Accessory Dwelling Unit. A housing unit that is contained within an attached or detached single-family dwelling, and that includes an efficiency kitchen and sleeping facilities, consistent with Part III, Article 5, Accessory Dwelling Units. A junior accessory dwelling unit may include separate bathroom facilities, or may share bathroom facilities with the single-family dwelling.
8. Single-Family Residential. A structure containing one (1) dwelling unit located on a single lot. This classification includes mobile homes and manufactured housing.
B. Commercial Use Classifications.
1. Ambulance Services. Emergency medical care and transportation, including incidental storage and maintenance of vehicles.
2. Animal Sales and Services.
a. Animal Hospitals/Veterinary Services. Establishments where small animals receive medical treatment, surgical treatment, shelter and care on a commercial basis. This classification includes only facilities that are entirely enclosed, soundproofed, and air-conditioned. Grooming and boarding of animals is included if accessory to the hospital use.
b. Animal: Retail Sales and Grooming. Retail sales of domestic and exotic animals within an entirely enclosed building. This classification includes bathing and trimming services and boarding of domestic and exotic animals (for a maximum period of forty-eight (48) hours).
c. Horse Stables. Establishments offering horse boarding and which may include instruction in horseback riding. This classification includes rings and exercise areas.
d. Kennels. Buildings or other enclosures used to confine, feed, exercise, show or provide shelter, for four (4) or more cats or dogs, ten (10) weeks of age or older, on a commercial basis. Animal hospitals are specifically excluded from this classification. (See Commercial Use Classifications—Animal Sales and Services.)
3. Artist Studios. Work space for artists and artisans, including an individual practicing one (1) of the fine arts, or skilled in an applied art or craft.
4. Banks and Savings and Loans.
a. Banks and Savings and Loans. Financial institutions that provide banking services to individuals and businesses. This classification includes only those institutions engaged primarily in the on-site circulation of cash money.
(1) With Drive-up Services. Institutions providing services accessible to persons who remain in their automobiles.
(2) With Automated Teller Machines. Institutions providing automated teller services through a machine.
5. Barber Shops. (See Commercial Use Classifications—Personal Services.)
6. Beauty Shops. (See Commercial Use Classifications—Personal Services.)
7. Bed and Breakfast Inns. (See Commercial Use Classifications—Visitor Accommodations.)
8. Car Washes. (See Commercial Use Classifications—Vehicle/Equipment Sales and Services.)
9. Catering Services. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pick-up or consumption, unless permitted by the subject zoning district.
10. Commercial Cannabis Business. An entity engaged in the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products for commercial purposes.
a. Commercial Cannabis Cultivation. Any commercial activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
b. Commercial Cannabis Distribution. The procurement, sale, and transport of medical and nonmedical adult recreational use cannabis and medical and nonmedical adult recreational use cannabis products between commercial cannabis businesses.
c. Commercial Cannabis Manufacturing. The production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.
d. Commercial Cannabis Retail Dispensary. A facility where commercial cannabis or commercial cannabis products are offered, either individually or in any combination, for retail sale.
(1) With Cannabis Delivery. The commercial transfer of cannabis or cannabis products to a customer pursuant to MAUCRSA or to a primary caregiver or qualified patient as defined in Section 11362.7 of the Health and Safety Code as an accessory use.
e. Nonstorefront Cannabis Delivery-Only Operation. A commercial operation that is closed to the public but delivers medical and/or adult-use cannabis and/or medical and/or adult-use cannabis products as part of retail sale transactions to customers at fixed locations in accordance with state law. No on-site sales, nor public access to commercial facilities or delivery vehicles, is permitted.
f. Commercial Cannabis Testing Laboratory. A laboratory, facility, or entity in the State that offers or performs tests of medical cannabis or medical cannabis products and that is both of the following:
(1) Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the State.
(2) Licensed by the Bureau of Cannabis Control.
11. Communications Facilities. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding Utilities, Major. (See Community Use Classifications—Utilities.) This classification includes radio, television, or recording studios; telephone switching centers; and telegraph offices.
12. Custom Manufacturing. Establishments primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools, power tools, and small-scale equipment. This classification may include the direct sale to consumers of those products produced on site as accessory to the primary use. Examples include custom bookbinding, ceramic studios, custom apparel and costumes, leather works, woodworking, metalsmithing, and custom jewelry manufacture.
13. Dry Cleaning Establishments. (See Commercial Use Classifications—Personal Services.)
14. Eating and/or Drinking Establishments.
a. Eating and/or Drinking Establishments. Businesses that primarily serve prepared food or beverages for consumption on or off the premises.
(1) With Wine and Beer Service Ending at or before 11:00 p.m.
(2) With Wine and Beer Service Ending after 11:00 p.m.
(3) With Full Alcoholic Beverage Service Ending at or before 11:00 p.m.
(4) With Full Alcoholic Beverage Service ending after 11:00 p.m.
(5) With Live Entertainment.
(6) With Dancing.
(7) With Take-out Services. Eating and drinking establishments which provide prepared food and/or drinks from disposable containers and either: (a) have floor area devoted to takeout and pick-up space or (b) at which twenty percent (20%) or more of the sales are for off-site consumption.
(a) Drive-up. Service from a building to persons in vehicles through an outdoor service window.
(8) With Permanent Outdoor Seating. Permanent seating in an open or covered area on the site of a legally established eating and drinking establishment.
(9) With Off-Site Distribution. Establishments which have wholesale off-site distribution of prepared food and/or beverages as an accessory use.
(a) Micro-Breweries. Small beer manufacturers producing less than sixty thousand (60,000) barrels per year within an enclosed building.
15. Food and Beverage Sales.
a. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include groceries and liquor stores.
b. Convenience Markets. Retail sales of food, beverage and small convenience items in a small scale establishment usually less than two thousand (2,000) square feet in size, with long or late hours of operation. This classification excludes delicatessens and other specialty food shops and establishments having a sizeable assortment of fresh fruits and vegetables, and fresh cut meat.
(1) With Gasoline Sales. Convenience markets in conjunction with gasoline sales. (See also Commercial Use Classifications—Vehicle/Equipment Sales and Services.)
c. Specialty Food Shops. Delicatessens, bakeries, produce stores with a sizeable assortment of fresh fruits and vegetables, butcher shops with fresh cut meat, health food stores.
(1) With Off-Site Distribution. Establishments which have wholesale off-site distribution of prepared food as an accessory use.
16. Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care, preparation or disposition of deceased persons other than in cemeteries. Typical uses include crematories, columbariums, mausoleums or mortuaries.
17. Health Clubs. Establishments which may include indoor or outdoor tennis courts, racquetball courts, gyms, aerobic studios, weight rooms, fitness machines, indoor or outdoor swimming pools and accessory uses such as food service and child care. (See also Commercial Use Classifications—Personal Improvement Services.)
18. Home Improvement Sales and Services. Retail establishments which carry a full line of building materials, appurtenances and decorator items (including hardware, plumbing, electrical, heating, air-conditioning, or building supplies, tools and equipment, plants and garden products, patio furniture, swimming pools, spas, and hot tubs, lighting fixtures and cabinets, paint, carpeting, floor coverings or wallpaper) for individual "do-it-yourselfer" residents, to facilitate the improvement, rehabilitation and maintenance of individual dwellings. All merchandise other than plants is kept within an enclosed building or fully screened enclosure and fertilizer, soil, soil amendments are stored and sold in package form only. (See also Commercial Use Classifications—Lumber and Building Material Yards.)
19. Horticultural Establishments. Cultivation of flowers, fruits, vegetables, or ornamental trees and shrubs on a wholesale basis with incidental retail sales and where no other garden, nursery or landscape merchandise is stored or sold on the site.
20. Hotels. (See Commercial Use Classifications—Visitor Accommodations.)
21. Lumber and Building Material Yards. Establishments engaging in the retail or wholesale sales of lumber, finished wood products, or building and landscape material supplies either inside or outside of a structure. This classification includes incidental sales and rental of hardware, plumbing, electrical, garden or painting supplies and equipment.
22. Maintenance and Repair Services/Small Equipment. Establishments providing on-site repair and accessory sales of supplies for appliances, office machines, home electronic equipment, bicycles, tools, or garden equipment. This classification does not include maintenance and repair of vehicles (see Commercial Use Classifications—Vehicle/Equipment Sales and Services).
23. Mini-Storage. Provision of storage space for household or commercial goods within an enclosed building. This classification excludes wholesaling distribution and storage and vehicle storage.
24. Motels. (See Commercial Use Classifications—Visitor Accommodations.)
25. Nurseries. Establishments providing for the cultivation and sale of ornamental trees, shrubs, and plants, including the sale of garden and landscape materials and equipment. All merchandise, other than plants, is kept within an enclosed building or a fully screened enclosure, and fertilizer, soil, soil amendments and groundcover (other than live plants) of any type is stored and sold in package form only.
26. Offices, Business and Professional.
a. Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, computer software consulting, data management, engineering, interior design, graphic design, real estate, title companies, stockbrokers, insurance and legal services. This classification includes laboratories accessory to an office use, but excludes banks and savings and loan associations.
b. Offices, Medical. Offices for a physician, dentist, chiropractor, physical therapist, psychiatrist, psychologist, counseling service, audiologist, optometrist, acupuncturist, registered dietitian/nutritionist, or similar licensed medical professional. This use classification includes facilities, such as medical clinics, that provide medical, surgical, or psychiatric medical services to sick or injured persons, on an outpatient basis and also includes medical laboratories accessory to a medical office use.
27. Parking, Commercial Facilities. Privately owned lots offering short-term or long-term parking to the public for a fee. A permanent parking lot is any parking which is required as a condition to use, or any parking lot which is used for the storage of motor vehicles, for a period of time of twenty-four (24) months or more. A temporary parking lot is any parking lot which is not required as a condition to use, or any parking lot which is used for the storage of motor vehicles for a period of time of less than twenty-four (24) months. If a temporary parking lot is utilized for a period of twenty-four (24) months or longer, it shall be deemed a permanent parking lot and shall conform to the surfacing standards of a permanent parking lot. (See Part III, Article 2 of this chapter, Off-Street Parking and Loading Regulations.) (For public parking facilities see Community Use Classifications—Public Parking Facilities.)
28. Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property.
29. Personal Improvement Services. Provision of instructional services or facilities including fine arts, crafts, dance or music studios, exercise or aerobic studios, driving schools, business and trade schools and diet centers.
30. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, massage, tanning, seamstresses, tailors, shoe repair shops, dry cleaning agencies (excluding plants), photo-copying, photo processing, travel agencies, self-service laundries and psychic readers.
31. Photocopy Establishments. (See Commercial Use Classifications—Personal Services.)
32. Recreation and Entertainment, Commercial. Businesses providing participant or spectator recreation, entertainment, or sports activities.
a. Within a Building. This classification includes movie or live performing arts theaters, bowling alley, billiard parlor, dance hall, ice/roller skating rinks, scale model course, bingo parlor, game center including pinball arcade, coin-operated electronics or mechanical game machines.
b. Outdoor Facilities. This classification includes movie or live performing arts theater, sports stadium and arena, commercial golf courses (including private courses where the general public can play for a fee), driving ranges and miniature golf courses. (For public outdoor recreation facilities see Community Use Classifications—Park and Recreation Facilities.)
33. Recreational Vehicle Parks. Facilities where two (2) or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles for use on a temporary basis by campers, vacationers, or travelers.
34. Restaurants. (See Commercial Use Classifications—Eating and Drinking Establishments.)
35. Research and Development Services. Establishments primarily engaged in product design and technological, industrial, agricultural, or scientific research (including but not limited to computer software and hardware development, data analysis, design of medical devices, and design of apparel and other consumer products), including limited product testing. This classification includes electronic research firms or pharmaceutical research laboratories, but excludes manufacturing (except of prototypes) and medical testing and analysis.
36. Retail Sales/Rentals. Retail sales or rentals of merchandise not specifically listed under another use classification. This classification includes but is not limited to department stores, clothing stores, and furniture stores and businesses retailing or renting the following goods: toys, hobby materials, party supplies, handcrafted items, jewelry, flowers, cameras, photographic supplies, electronic equipment, records, videos, sporting goods, pharmacy items, kitchen utensils, hardware, appliances, art, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles and new automotive parts and accessories (excluding service and installation).
37. Theaters. (See Commercial Use Classifications—Recreation and Entertainment, Commercial.)
38. Vehicle/Equipment Sales and Services.
a. Automobile Rental and Leasing. Rental or leasing of automobiles including storage and incidental maintenance. This classification shall include taxi or limousine service.
b. Automobile Sales/New and Used. Sale of new and used automobiles including storage and incidental maintenance.
c. Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles. (For automobile washing on the same site as a service station see Commercial Use Classifications—Vehicle/Equipment Sales and Services, Service Stations.)
d. Automobile Wrecking. The dismantling or wrecking of used motor vehicles or trailers or the storage of, sale or dumping of, dismantled, partly dismantled, obsolete or wrecked vehicles or their parts.
e. Service Stations. Businesses engaged in the retail sale of motor fuels, lubricants, parts and accessories. This classification includes incidental maintenance and repair of automobiles and light trucks, but excludes body and fender work or repair of heavy trucks or vehicles. This classification also includes food and beverage sales as an accessory use. Establishments at which the area devoted to food and beverage sales exceeds one thousand (1,000) square feet shall be classified as a convenience market with gasoline sales. (See Commercial Use Classifications—Food and Beverage Sales, Convenience Market with Gasoline Sales.)
(1) With Automobile Washing. A service station in conjunction with automobile washing.
f. Vehicle/Equipment Repair. Retail repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes tire sales and installation of mufflers, exhaust and suspension systems, auto radio/electronics installation, auto air conditioning/heater service, engine overhauls involving the removal of engine blocks, body and fender work, painting and undercoating, glass replacement, upholstery and convertible top service, vehicle towing, radiator, transmission, wheel and axle repair, but excludes the sale of gasoline and motor fuels, vehicle dismantling or salvage and tire retreading or recapping.
(1) Limited Vehicle Service. Limited retail maintenance and service of automobiles and trucks. This classification includes quick lube and oil changing facilities and smog checking facilities with no on-site repair.
g. Vehicle/Equipment Sales and Rentals. Sale or rental of motorcycles, moving vans, trucks, tractors, construction or agricultural equipment, mobile homes, recreational vehicles, and similar equipment, including storage and incidental maintenance.
h. Vehicle Storage. Storage of operative or inoperative vehicles. This classification includes storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses and recreation vehicles, but does not include vehicle dismantling.
39. Visitor Accommodations.
a. Bed and Breakfast Inns. Establishment offering lodging on a less than weekly basis typically in a converted single-family or multifamily dwelling, with accessory eating and drinking service provided from a single kitchen for lodgers only.
b. Hotels. Establishments providing guest rooms for lodging, typically for less than seven (7) consecutive days, with no or minimal kitchen facilities in the guest units. Access to the unit is primarily from interior lobbies, courts or halls. This classification may include recreational facilities, or eating, drinking and banquet service as accessory.
c. Motels. Establishments providing guest rooms or units for lodging, typically for less than seven (7) consecutive days, with no or minimal kitchen facilities. Access to the unit is provided directly from parking areas.
C. Industrial Use Classifications.
1. General Industry. Manufacturing of products, primarily from extracted or raw materials, or bulk storage and handling of such products and materials. Uses in this classification typically involve a high incidence of truck or rail traffic, and/or outdoor storage of products, material, equipment, or bulk fuel. This classification includes food processing and packaging, laundry and dry cleaning plants, stonework and concrete products manufacturing (including concrete ready-mix plants) and power generation.
2. Limited Industry. Manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial services; both within an enclosed building. This classification includes processing, fabrication, assembly, printing, treatment, and packaging, but excludes basic industrial processing from raw materials, food processing, and vehicle/equipment services.
3. Research Development Industry. Establishments primarily engaged in the research, development, and controlled production of high-technology electronic, industrial or scientific products or commodities for sale, excluding uses that may be objectionable by reason of production of offensive odor, dust, noise, vibration, or storage of hazardous materials. This classification includes but is not limited to biotechnology firms, nontoxic computer components, clean-tech, clean energy products, electric vehicles, software development, apparel design, medical devices, and consumer products.
4. Wholesaling, Distribution and Storage. Storage and distribution facilities with only limited direct public access.
D. Agricultural Use Classifications.
1. Animal Husbandry. Raising of animals or production of animal products, such as eggs or dairy products, on an agricultural or commercial basis. Typical uses include grazing, ranching, dairy farming, poultry farming, and beekeeping but exclude slaughter houses.
2. Crop Production. Raising and harvesting of tree crops, row crops, or field crops on an agricultural or commercial basis, including packing and processing.
E. Community Use Classifications.
1. Adult Day Care Facilities. Facilities, other than adult day care homes, which provide nonmedical care and supervision on a less than twenty-four (24) hour per day basis. This classification includes day care for adults and elderly persons, including social day care facilities.
2. Child Day Care Facilities (Day Care Centers). Facilities, other than family day care homes, which provide nonmedical care, protection and supervision, to children under eighteen (18) years of age, on a less than twenty-four (24) hour basis. This classification includes infant centers, preschools, and extended day care facilities.
3. Churches. See Community Use Classifications—Religious Assembly.
4. Clubs and Lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs and youth centers.
5. Colleges, Public or Private. Institutions of higher education providing curriculum of a general, religious, or professional nature and that typically grant recognized degrees or certificates. (See also Commercial Use Classifications—Personal Improvement Services.)
6. Cultural Institutions.
a. Cultural Institutions. Nonprofit institutions displaying or preserving objects of interest in one (1) or more of the arts or sciences. This classification includes libraries, museums, and art galleries.
b. Natural History/Science Museums. Nonprofit learning centers for children and adults interested in the natural history and/or the sciences. This classification may include medical care, shelter, and rehabilitation of domesticated animals or injured wildlife.
7. Emergency Medical Care/No Inpatient. Facilities providing emergency medical service on a twenty-four (24) hour basis with no provision for continuing care on an inpatient basis.
8. Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles.
9. Hazardous Waste Management Facilities. Facilities which manage (generate, store, treat or transport) more than four thousand (4,000) tons of hazardous waste per year or manage (transport or store) more than twelve thousand five hundred (12,500) tons per year including but not limited to transfer and storage facilities, treatment facilities, hazardous waste and household hazardous waste recycling facilities, solidification or stabilization facilities and treated residual repositories.
10. Heliports. Pads and facilities enabling takeoffs and landings by helicopters. This classification includes helipads and helistops.
11. Hospitals. Facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for outpatient treatment, as well as training, research, and administrative services for patients and employees. Specific hospital types include those specializing in:
a. Acute Care. Hospitals, licensed by the Department of Health Services, with overall administrative and professional responsibilities and organized medical staff that provide twenty-four (24) hour inpatient care, including medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, and dietary services.
b. Other. Any other hospital, licensed by the Department of Health Services, including facilities for rehabilitation and physical care, acute psychiatric care, chemical dependency, and substance abuse.
12. Housing for the Homeless/Emergency Shelters. Facilities that provide an immediate short-term solution to homelessness for a limited period.
13. Maintenance and Service Facilities. Facilities associated with government offices, special districts, or community facilities providing maintenance and repair services for vehicles and equipment, and materials storage areas. This classification includes corporation yards, equipment service centers, and similar facilities.
14. Park and Recreation Facilities. Noncommercial parks, playgrounds, and recreation facilities including municipal golf courses and neighborhood swim and tennis centers. (For commercial recreation facilities see Commercial Use Classifications—Recreation and Entertainment, Commercial.)
15. Public Parking Facilities. Off-street parking facilities, including surface parking or parking structures, for the temporary parking of automobiles by the general public. (For privately owned parking facilities see Commercial Use Classifications—Parking, Commercial Facilities.)
16. Public Safety Facilities. Facilities for public safety and emergency services, including police and fire protection.
17. Public Transit Terminals. Public or publicly regulated facilities for passenger transit service and operations. This includes rapid transit stations and park-and-ride lots.
18. Recycling Facilities. Facilities used for the collection or processing of recyclable materials other than hazardous waste.
a. Collection Facilities. Recycling facilities used for the acceptance by donation, redemption, or purchase of recyclable materials from the public. Such a facility does not use power-driven processing equipment except for compacting, baling, plastic shredding, and other activities necessary for efficient temporary storage and shipment of materials. Collection facilities include reverse vending machines, small collection facilities and large collection facilities.
(1) Reverse Vending Machine Facilities. A grouping of not more than three (3) reverse vending machines in a total area of not more than fifty (50) square feet. A reverse vending machine is an automated mechanical device which accepts one (1) or more types of empty beverage containers including, but not limited to, aluminum cans, glass bottles and plastic bottles, and issue a cash refund or a redeemable credit slip with value of not less than the containers' redemption value as determined by the state. A reverse vending machine may process and sort containers mechanically; provided, that the process is enclosed within the machine. A bulk reverse vending machine is a reverse vending machine that is larger than fifty (50) square feet, is designed to accept more than one (1) container at a time, and will pay by weight instead of by container.
(2) Small Collection Facilities. Collection facilities which do not occupy more than five hundred (500) square feet. This classification may include a mobile unit, kiosk type units which may include permanent structures and unattended containers placed for the donation of recyclable materials.
(3) Large Collection Facilities. May occupy more than five hundred (500) square feet and may include permanent structures.
b. Processing Facilities. Recycling facilities located in a building or enclosed space and used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment or to an end-user's specifications by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Processing facilities include light processing facilities that occupy an area of under forty-five thousand (45,000) square feet of gross collection, processing, and storage area and have up to an average of two (2) outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers. Processing facilities also include heavy processing facilities which are any processing facility other than a light processing facility.
19. Religious Assembly. Facilities for religious worship and incidental religious education, but not including private schools as defined in this section.
20. Residential Care Facilities. Facilities which provide twenty-four (24) hour nonmedical care for seven (7) or more persons in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living, or for the protection of the individual. This classification includes group homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the State of California.
21. Schools, Public or Private. Educational institutions having a curriculum comparable to that required in the public schools of the State of California. (See also Commercial Use Classifications—Personal Improvement Services.)
22. Skilled Nursing Facilities. Health facilities or a distinct part of a hospital which provides continuous skilled nursing and supportive care to patients whose primary need is for availability of such care on an extended basis. It provides twenty-four (24) hour inpatient care and, as a minimum, includes physical, skilled nursing, dietary, pharmaceutical services and an activity program. This classification includes convalescent hospitals.
23. Utilities, Major. Generating plants, electrical substations, above-ground electrical transmission lines, switching buildings, refuse collections, processing, or disposal facilities, water reservoirs, flood control or drainage facilities, water or wastewater treatment plants, transportation or communications facilities, and similar facilities of public agencies or public utilities, but excluding recycling facilities (See Community Use Classifications—Recycling Facilities.) A minor utility that may have a significant effect on surrounding uses shall be regulated under this classification.
24. Utilities, Minor. Utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines and underground water and sewer lines.
F. Accessory Use Classifications.
1. Accessory Living Quarters. Habitable living space within an accessory structure, but without kitchen facilities, on the same site as a main building of a residential use for the purpose of housing servants, employees, or guests of the occupants of the main building. This classification includes guest houses.
2. Accessory Structure. A detached structure which is subordinate and normally incidental to the main building on the site, including but not limited to storage sheds, equipment enclosures, detached garages, gazebos and animal enclosures. A structure which is functionally part of the main building, is enclosed by a roof or wall, and is not substantially open to the environment shall be considered part of the main building.
3. Accessory Use. A use that is subordinate and incidental to the main use of the site and which is located on the same site as the main use.
a. Garage Sales. Sale of personal property as an accessory use to a residential use.
b. Home Occupations. An office or business of personal nature conducted by the occupant of a dwelling as a subordinate or incidental use consistent with the provisions of Section 10-2.3.107, Home Occupations.
c. Personal Cannabis Cultivation. "Personal cannabis cultivation" or "personal cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or processing of cannabis for personal medical or nonmedical adult recreational use.
G. Temporary Use Classifications.
1. Arts and Crafts Shows, Outdoor. Display and sale of painting, sculpture, handcrafts and similar objects.
2. Christmas Tree Sales. Retail sales of Christmas trees generally between Thanksgiving and December 26th.
3. Civic/Community Events. Activities sponsored by the City or community organizations, including entertainment or exhibitions.
4. Farmers Markets. Retail sales of produce and other food items.
5. Live Entertainment Events. Concerts and other cultural events lasting less than five (5) calendar days.
6. Outdoor Seating for Eating and Drinking Establishments. Temporary seating in an open or covered area on the site of a legally established eating and drinking establishment.
7. Pumpkin Sales. Retail sales of pumpkins generally between October 1st and October 31st.
8. Retail Sales, Outdoor. Retail sales of merchandise in an open or covered outdoor area on the site of legally established retail business.
9. Street Fairs. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures.
10. Swap Meets, Nonrecurring. Retail sales or exchange of new, handcrafted, or secondhand merchandise for a maximum period of forty-eight (48) hours, conducted by sponsor no more than twice in any year.
11. Swap Meets, Recurring. Retail sales or exchange or new, handcrafted, or secondhand merchandise for a maximum period of forty-eight (48) hours, conducted by sponsor on a more than twice yearly basis.
12. Vendor Carts. Carts or stands which serve prepared food or drinks for on- or off-site consumption or provide a place for the display and sale of plants and flowers. (§4, Ord. 2109, eff. 6/15/12; §4, Ord. 2129, eff. 7/3/14; §1, Ord. 2146, eff. 4/1/2016; §§5, 6, Ord. 2183, eff. 9/8/18; §3, Ord. 2188, eff. 3/8/19; §6, Ord. 2210, eff. 10/22/21; §4, Ord. 2216, eff. 7/2/22)
Chapter 2 amended in its entirety by §2, Ord. 1877, eff. 1/16/96.