Article 6. Pedestrian Retail District (P-R)

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10-2.2.601 Purpose and Intent.

The purpose of the Pedestrian Retail zone is to provide a concentration of retail activity, that is destination oriented, within the City's designated Core Area. The intent is to serve the pedestrian shopper by offering a wide variety of shops in the Main/Locust Street area to complement the stores at Broadway Plaza.

The pedestrian retail zone is designed for the more intensely developed downtown retail area where public parking lots are available in central locations and on-site parking is limited. Parking for future development will be provided primarily in public parking lots funded by in-lieu parking fees.

While shops in this district may be on multiple levels, the first floor will be primarily retail, with retail, office, residential and other non-retail uses permitted on upper levels. Uses are advocated which foster retail development, enhance the district as a pedestrian oriented shopping area, and encourage a pedestrian linkage between Main and Locust Streets and Broadway Plaza.

10-2.2.602 Land Use Regulations. Revised 9/18

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

P

=

A permitted use.

L

=

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

U

=

A use permitted on approval of a Conditional Use Permit.

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

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

A. Residential Use Classifications

 

(H)

1. Adult Day Care Home

P

 

2. Congregate Living Facility

L(1)

 

3. Family Day Care Home

 

 

a. Small Family Day Care Home

P

(A)

b. Large Family Day Care Home

L(2)

(A)

4. Group Residential

L(1)

 

5. Multiple Family Residential

L(29)

 

6. Residential Care Home

P

 

7. Second Family Unit

 

 

8. Single Family Residential

 

 

B. Commercial Use Classifications

 

(B)

1. Ambulance Services

 

 

2. Animal Sales and Service

 

 

a. Animal Hospital

 

b. Animal: Retail Sales and Grooming

P

 

c. Horse Stables

 

 

d. Kennel

 

 

3. Artist Studio

L(3)

 

4. Banks and Savings and Loans

 

 

a. Banks and Savings and Loans

L(4)

 

(1) With Drive-up Service

 

 

(2) With Automated Teller Machine

L(5)

 

5. Catering Services

L(6)

 

6. Commercial Cannabis Business

 

 

a. Commercial Cannabis Cultivation

 

 

b. Commercial Cannabis Distribution

 

 

c. Commercial Cannabis Manufacturing

 

 

d. Commercial Cannabis Retail Dispensary

 

 

(1) With Cannabis Delivery

 

 

e. Non-Storefront Medical Cannabis Delivery-Only Operation

 

 

f. Non-Storefront Recreational Cannabis Delivery-Only Operation

 

 

g. Commercial Cannabis Testing Laboratory

 

 

7. Communication Facilities

L(7)

 

8. Custom Manufacturing

L(3)

 

9. Eating and/or Drinking Establishments

 

(J)

a. Eating and/or Drinking Establishments

P

 

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

L(8)

 

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

L(9)

 

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

L(8)

 

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

L(9)

 

(5) With Live Entertainment

P

(C) (I)

(6) With Dancing

P

(C) (I)

(7) With Take-out Service

L(11)

 

(a) Drive-up

 

 

(8) With Permanent Outdoor Seating

L(12)

 

(9) With Off-site Distribution

U

(D)

(a) Micro-brewery

U

(D)

10. Food and Beverage Sales

 

 

a. Food and Beverage Sales

L(13)

 

b. Convenience Market

 

 

(1) With Gasoline Sales

 

 

c. Specialty Food Shops

L(13)

 

(1) With Off-site Distribution

U

(D)

11. Funeral and Interment Services

 

 

12. Health Clubs

U

 

13. Home Improvement Sales and Service

L(14)

 

14. Horticultural Establishment

 

 

15. Lumber and Building Material Yard

 

 

16. Maintenance and Repair Service/Small Equip

L(3)

 

17. Mini Storage

 

18. Nursery

 

 

19. Offices, Business and Professional

 

 

a. Offices, Business and Professional

L(7)

 

(1) Offices, Medical

L(15)

 

20. Parking, Commercial Facility

L(16)

(E)

21. Pawn Shop

P

 

22. Personal Improvement Services

L(17)

 

23. Personal Services

L(18)

 

24. Recreation and Entertainment, Commercial

 

 

a. Within a Building

L(19)

 

b. Outside a Building

 

 

25. Research and Development Services

 

 

26. Retail Sales/Rental

L(20)

 

27. Vehicle/Equipment Sales and Service

 

 

a. Automobile Rental/Leasing

 

 

b. Automobile Sales/New and Used

 

 

c. Automobile Washing

 

 

d. Automobile Wrecking

 

 

e. Service Stations

L(21)

(F)

(1) Automobile Washing

L(21)

(F)

f. Vehicle/Equipment Repair

 

 

(1) Limited Vehicle Service

 

 

g. Vehicle/Equipment Sales and Rentals

 

 

h. Vehicle Storage

 

 

28. Visitor Accommodations

 

 

a. Bed and Breakfast Inns

U

 

b. Hotels

U

 

c. Motels

U

 

C. Industrial Use Classifications

 

 

1. General Industry

 

 

2. Limited Industry

 

 

3. Research Development Industry

 

 

4. Wholesaling, Distribution and Storage

 

 

D. Agricultural Use Classifications

 

 

1. Animal Husbandry

 

 

2. Crop Production

 

 

E. Community Facility Use Classifications

 

1. Adult Day Care Facility

L(1)

 

2. Child Day Care Facility (Day Care Center)

U

(A)

3. Clubs and Lodges

 

 

4. College, Public or Private

 

 

5. Cultural Institutions

 

 

a. Cultural Institutions

P

 

b. Natural History/Science Museum

P

 

6. Emergency Medical Care/No Inpatient

 

 

7. Government Offices

P

 

8. Hazardous Waste Management Facility

 

 

9. Heliports

 

 

10. Hospitals

 

 

a. Acute Care

 

 

b. Other

 

11. Housing for the Homeless/Emergency Shelters

U

 

12. Maintenance and Service Facilities

 

 

13. Park and Recreation Facilities

P

 

14. Public Parking Facilities

P

 

15. Public Safety Facilities

P

 

16. Public Transit Terminals

 

 

17. Recycling Facilities

 

 

a. Collection Facility

 

 

(1) Reverse Vending Machine

L(22)

(G)

(2) Small Collection Facility

L(22)

(G)

(3) Large Collection Facility

 

 

b. Processing Facility

 

 

18. Religious Assembly

U

 

19. Residential Care Facility

 

 

20. Schools, Public or Private

 

 

21. Skilled Nursing Facilities

 

 

22. Utilities, Major

L(23)

 

23. Utilities, Minor

P

 

F. Accessory Uses

 

 

1. Accessory Living Quarters

 

 

2. Accessory Structure

L(24)

 

3. Accessory Uses

L(25)

 

a. Garage Sales

 

 

b. Home Occupations

L(26)

 

c. Personal Cannabis Cultivation

L(30)

(K)

G. Temporary Uses

 

(B)

1. Arts and Crafts Shows, Outdoor

L(27)

 

2. Christmas Tree Sales

L(27)

 

3. Civic/Community Events

L(27)

 

4. Farmers Markets

L(27)

 

5. Live Entertainment Events

L(27)

 

6. Outdoor Seating/Eating and Drinking Estab.

L(12)

 

7. Pumpkin Sales

L(27)

 

8. Retail Sales, Outdoor

L(27)

 

9. Swap Meets, Non-Recurring

L(27)

 

10. Swap Meets, Recurring

L(27)

 

11. Street Fairs

L(27)

 

12. Vendor Carts

L(28)

 

 

USE REGULATIONS

L(1)

Permitted upon approval of a Conditional Use Permit and compliance with L(7).

L(2)

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

L(3)

Permitted provided that the primary use of the facility is retail sales. Where retail sales are not the primary use of the facility the uses are permitted subject to L(7).

L(4)

Permitted upon approval of a Conditional Use Permit. In approving the Use Permit, the Planning Commission shall find that the location of the proposed bank does not impede or discourage the flow of pedestrian traffic.

L(5)

If the ATM is to be located on the exterior wall of an existing bank or an off-site building it shall be reviewed and approved by the Community Development Director. In approving the exterior ATM, the Community Development Director shall find that the ATM has appropriate lighting and that queuing for the ATM does not impede pedestrian or vehicle traffic flow.

L(6)

Permitted as an accessory use associated with Food and Beverage Sales or an Eating and Drinking Establishment, otherwise not permitted.

L(7)

Not permitted on the ground floor level with frontage on a public right-of-way. Permitted on floors above ground level or on the ground level without frontage on a public right-of-way.

L(8)

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

L(9)

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

L(10)

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

 

USE REGULATIONS

L(11)

Permitted upon approval of Conditional Use Permit. In approving the use permit, the following conditions of approval shall be imposed:

a) Prior to use permit approval, the Design Review Commission shall have reviewed all proposed exterior changes, including signage, and shall make a recommendation to the Planning Commission as to whether the design complies with the goals and policies contained within Chapter 4 (Built Environment) of the General Plan and is in keeping with the architectural nature of the Pedestrian Retail Zoning District. The Design Review Commission shall recommend denial if the appearance is a standard, corporate theme, designed to attract the attention of vehicular traffic, without regard to surrounding land uses.

b) Eating and Drinking Establishments with Take-out Service are not permitted unless the Planning Commission can make the finding that "The facility will not rely on customers making a one stop trip by automobile." In making the finding the Planning Commission shall consider any of the following criteria as a basis for denial:

i) The facility has direct driveway access from a major arterial.

ii) The facilities for on-premises consumption of the food are insufficient for the volume of customers purchasing such items.

iii) The user requires a minimum amount of on-site parking and the location was chosen because of the availability of an off-street parking lot.

iv) The location has an off-street parking lot that discourages pedestrian traffic by virtue of its size and location.

v) Client statistics or demographics from other localities (similarly placed in a pedestrian retail area) document that the typical client is a destination oriented customer (making a one-stop trip by automobile) rather than a pedestrian shopper or worker.

c) Due to the volume of disposable packaging required for take out, the Eating and Drinking Establishment with Take-out Service shall have identifiable containers and napkins for all carry-out food. All litter resulting, including litter on adjacent property and public rights-of-way, shall be promptly removed.

L(12)

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

L(13)

Facilities having a gross floor area of 10,000 square feet or less are permitted. Facilities that exceed 10,000 square feet in gross floor area are permitted on approval of a Conditional Use Permit. In approving the use permit, the following conditions of approval shall be imposed:

a) Prior to use permit approval, the Design Review Commission shall have reviewed all proposed exterior changes, including signage, and shall make a recommendation to the Planning Commission as to whether the design complies with the goals and policies contained within Chapter 4 (Built Environment) of the General Plan, is in conformance with the approved Design Review Guidelines for the Pedestrian Retail Zoning District and is keeping with the architectural nature of the Pedestrian Retail Zoning District (i.e., compact development, ample window and door openings to activate street frontages, limited driveway interruptions, and minimal parking areas along the street frontages).

b) Retail uses over 10,000 square feet in size are not permitted unless the Planning Commission can make the finding that: "The facility will not rely on customers making a one stop trip by automobile." In making the finding the Planning Commission shall consider any of the following criteria as a basis for denial:

i) The user requires a minimum amount of on-site parking and the location was chosen because of the availability of an off-street, surface parking lot.

ii) The location has an off-street parking lot that discourages pedestrian traffic by virtue of its size and location.

iii) The Design Review Commission has recommended denial of the proposal because the design does not comply with the Goals and Policies contained within Chapter 4 (Built Environment) of the General Plan, is not in conformance with the approved Design Review Guidelines for the Pedestrian Retail Zoning District and is not in keeping with the architectural nature of the Pedestrian Retail Zoning District.

L(14)

Any Home Improvement Sales and Service Facility existing as of 2/16/96 (effective date of ordinance) can be expanded and or remodeled subject to the issuance of a Conditional Use Permit. All other uses within this classification are not permitted.

L(15)

Services of an optometrist in conjunction with retail sales of prescription and non-prescription eyeglasses is a permitted use. Other medical offices are not permitted.

L(16)

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

L(17)

Business and Trade Schools are not permitted. Fine arts, crafts, dance or music studios, exercise or aerobic studios, driving schools, and diet centers are permitted.

L(18)

Permitted with the exclusion of self-service laundries which are not permitted.

L(19)

Bowling alleys, dance halls, ice/roller skating rinks, scale model course and bingo parlors are not permitted. Billiard parlors and game centers including pinball arcade, coin operated electronics or mechanical game machines are permitted on approval of a Conditional Use Permit. All other uses within this classification are permitted.

L(20)

Facilities that have a gross floor area of 10,000 square feet or less are permitted. Facilities that have a gross floor area of more than 10,000 square feet but do not have an on-site surface parking lot with more than 33 parking spaces are permitted. Uses over 10,000 square feet in size and which have an on-site surface parking lot of more than 33 spaces are permitted subject to approval of a Conditional Use Permit. In approving the use permit the following conditions of approval shall be imposed:

a) Prior to use permit approval, the Design Review Commission shall have reviewed all proposed exterior changes, including signage, and shall make a recommendation to the Planning Commission as to whether the design complies with the goals and policies contained within Chapter 4 (Built Environment) of the General Plan and is in keeping with the architectural nature of the Pedestrian Retail Zoning District (i.e., compact development, ample window and door openings to activate the street frontages, limited driveway interruptions, and minimal parking areas along the street frontages).

b) Retail uses over 10,000 square feet in size are not permitted unless the Planning Commission can make the finding that: "The facility will not rely on customers making a one stop trip by automobile." In making the finding the Planning Commission shall consider any of the following criteria as a basis for denial:

i) The user requires a minimum amount of on-site parking and the location was chosen because of the availability of an off-street, surface parking lot.

ii) The location has an off-street parking lot that discourages pedestrian traffic by virtue of its size and location.

iii) The Design Review Commission has recommended denial of the proposal because the design does not comply with the Goals and Policies contained within Chapter 4 (Built Environment) of the General Plan and is not in keeping with the architectural nature of the Pedestrian Retail Zoning District.

L(21)

Permitted if located entirely within a parking garage.

L(22)

Permitted in a Convenience Zone (as defined in Part I, Article 3. Definitions) subject to the approval of the Community Development Director.

L(23)

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

L(24)

Accessory structures are permitted subject to Sec. 10-2.2.603. Property Development Regulations.

L(25)

See the use regulation for the primary use classification.

L(26)

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

L(27)

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

L(28)

Permitted if they are operating under the same business license and selling the same products as an immediate adjacent eating and drinking establishment or immediate adjacent retail establishment.

Independently operated vendor carts are permitted subject to a use permit. The following restriction shall apply to independently operated vendor carts; (1) They shall not be visible from the street right of way or any other public land, (2) The location, number of vendor carts and nighttime cart storage provisions shall be subject to review by the Planning Commission.

The following restriction shall apply to all vendor carts; (1) Vendor carts shall only be permitted on private property, (2) The size, design and exact placement of the vendor carts shall be reviewed and approved by the Design Review Commission, (3) Adequate pedestrian passage and emergency access around carts shall be maintained at all times, (4) Other than plants or flowers, merchandise shall not be displayed on the ground around the vendor carts nor outside the confines of the approved cart structure. Other restrictions may be placed on merchandise display as necessary to ensure the carts have an attractive appearance.

L(29)

Conditionally permitted, subject to L(7), in areas designated as Mixed Use Commercial Emphasis (MU-C) or Mixed Use Residential Emphasis (MU-R) by the Walnut Creek General Plan, in all other General Plan land use classifications if at least 90 percent of the dwelling units are restricted units for low or very low income households, and in areas where multiple family residential uses are allowed pursuant to a specific plan; otherwise not permitted.

L(30)

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

 

ADDITIONAL USE REGULATIONS

(A)

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

(B)

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

(C)

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

(D)

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

(E)

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

(F)

See Part III, Article 8. Concurrent Sales.

(G)

See Part III, Article 7. Recycling Facilities.

(H)

See Part III, Article 9. Inclusionary Housing.

(I)

See Part III, Article 3, Sec. 10-2.3.302. Continuation of Nonconforming Uses.

(J)

See Part III, Article 12. Alcoholic Beverage Sales.

(K)

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

(Ord. 1877, eff. 1/6/96; § 1, Ord. 2033, eff. 7/15/04; §6, Ord. 2070, eff. 6/20/2008; §§11, 12, 13, Ord. 2109, eff. 6/15/12; §10, Ord. 2129, eff. 7/3/14; §3, Ord. 2145, eff. 3/4/16; §§7(1), (21)—(23), Ord. 2183, eff. 9/8/18)

10-2.2.603 Property Development Regulations.

The following schedule prescribes development regulations for the Pedestrian Retail District. The symbol "NA" indicates that there is no restriction for that particular development regulation or it is not applicable in this District. Letters in parentheses refer to the "Additional Development Regulations" following the schedule.

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

A. Minimum Lot Area

NA

 

B. Minimum Lot Width

NA

 

C. Minimum Lot Frontage

NA

 

D. Minimum Lot Depth

NA

 

E. Minimum Setbacks

 

D(1) D(2) D(3)

1. Front

NA

 

2. Side

NA

 

3. Corner Side

NA

 

4. Rear

NA

 

F. Maximum Height

 

D(4)

G. Density

 

 

1. Residential

 

D(5)

2. Mixed Use

 

D(5) D(6)

H. Maximum Lot Coverage

NA

 

I. Maximum Floor Area Ratio

 

D(6)

J. Access

 

D(7)

K. Design Review

See Sec. 10-2.4.1202.

D(9)

L. Landscaping

See Part III, Article 11.

 

M. Storage Space for Residential Units

200 Cubic Feet

D(8)

N. Fences and Walls

See Sec. 10-2.3.104.

 

O. Antennas

See Sec. 10-2.3.120.

 

P. Non-Conforming Conditions

See Part III, Article 3.

 

Q. Elevators

See Sec. 10-2.3.124.

 

R. Recycling Facilities

See Part III, Article 7.

 

S. Parking and Loading

See Part III, Article 2.

D(5)

T. Signs

See Title 10, Chapter 8.

 

U. Preservation of Trees

See Title 3. Chapter 8.

 

V. Hillside Performance Standards

See Part III, Article 4.

 

W. Stormwater Control

See Title 9, Chapter 16.

 

ADDITIONAL DEVELOPMENT REGULATIONS

D(1)

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

D(2)

Refer to the Zoning Map for Future Street Line Setbacks.

D(3)

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

D(4)

Refer to the Zoning Map.

D(5)

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

D(6)

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

D(7)

All buildings that abut Wilson and Commercial Lanes shall have primary access on Main Street, Locust Street or Broadway.

D(8)

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

D(9)

Design Review Commission approval shall be required for all buildings over 10,000 square feet in size if:

a. any exterior changes are proposed, or

b. if interior tenant improvements exceed a valuation of 25% of the overall assessed value of the structure as shown on the latest Contra Costa County Assessor's equalized assessment roll.

(§2, Ord. 2037, eff. 12/17/04; §7, Ord. 2070, eff. 6/20/2008; §10, Ord. 2108, eff. 4/7/12; §3, Ord. 2145, eff. 3/4/16)