Article 7. Central Retail District (C-R)

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10-2.2.701 Purpose and Intent.

The purpose of the Central Retail zone is to allow a mix of commercial development, in the core area, on a scale that is less intensive than development in the central pedestrian retail area. The intent is to encourage a wide variety of retail establishments along with some limited office development.

The Central Retail zone generally surrounds the downtown pedestrian retail zone. It serves approximately the same function as the pedestrian retail area except that in most cases, each business will have its own parking lot, allowing for more destination oriented uses.

10-2.2.702 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 parentheses is opposite a use classification heading, the referenced regulations shall apply to all use classifications under the heading. Land uses not listed (indicated by strikeout) are not permitted.

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

A. Residential Use Classifications

 

(I)

1. Adult Day Care Home

P

 

2. Congregate Living Facility

U

 

3. Family Day Care Home

 

 

a. Small Family Day Care Home

P

(A)

b. Large Family Day Care Home

L(1)

(A)

4. Group Residential

U

 

5. Multiple Family Residential

L(22)

 

6. Residential Care Home

P

 

7. Second Family Unit

 

 

8. Single Family Residential

 

 

B. Commercial Use Classifications

 

(B)

1. Ambulance Services

P

 

2. Animal Sales and Service

 

 

a. Animal Hospital

L(2)

 

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

P

 

(1) With Drive-up Service

 

P

(2) With Automated Teller Machine

P

 

5. Catering Services

L(4)

(C)

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(5)

 

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(6)

 

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

L(7)

 

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

L(6)

 

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

L(7)

 

(5) With Live Entertainment

P

(D) (J)

(6) With Dancing

P

(D) (J)

(7) With Take-out Service

P

 

(a) Drive-up

U

 

(8) With Permanent Outdoor Seating

L(9)

 

(9) With Off-site Distribution

U

(C)

(a) Micro-brewery

U

(C)

10. Food and Beverage Sales

 

 

a. Food and Beverage Sales

P

 

b. Convenience Market

P

 

(1) With Gasoline Sales

U

(E)(F)

c. Specialty Food Shops

P

 

(1) With Off-site Distribution

U

(C)

11. Funeral and Interment Services

L(10)

 

12. Health Clubs

U

 

13. Home Improvement Sales and Service

L(11)

 

14. Horticultural Establishment

 

 

15. Lumber and Building Material Yard

 

 

16. Maintenance and Repair Service/Small Equip

L(3)

 

17. Mini-Storage

 

 

18. Nursery

P

 

19. Offices, Business and Professional

 

 

a. Offices, Business and Professional

L(5)

 

(1) Offices, Medical

L(5)

 

20. Parking, Commercial Facility

L(12)

(G)

21. Pawn Shop

P

 

22. Personal Improvement Services

L(13)

 

23. Personal Services

P

 

24. Recreation and Entertainment, Commercial

 

 

a. Within a Building

P

 

b. Outside a Building

 

 

25. Research and Development Services

U

 

26. Retail Sales/Rental

L(11)

 

27. Vehicle/Equipment Sales and Service

 

 

a. Automobile Rental/Leasing

U

 

b. Automobile Sales/New and Used

U

 

c. Automobile Washing

U

 

d. Automobile Wrecking

 

 

e. Service Stations

U

(E)(F)

(1) Automobile Washing

U

(E)(F)

f. Vehicle/Equipment Repair

 

 

(1) Limited Vehicle Service

U

 

g. Vehicle/Equipment Sales and Rentals

U

 

h. Vehicle Storage

 

 

28. Visitor Accommodations

 

 

a. Bed and Breakfast Inns

P

 

b. Hotels

P

 

c. Motels

P

 

C. Industrial Use Classifications

 

1. General Industry

 

 

2. Limited Industry

 

 

3. Research Development Industry

 

 

4. Wholesaling, Distribution and Storage

 

 

D. Agricultural Use Classifications

 

 

1. Animal Husbandry

 

 

2. Crop Production

 

 

E. Community Facility Use Classifications

 

 

1. Adult Day Care Facility

U

 

2. Child Day Care Facility (Day Care Center)

U

(A)

3. Clubs and Lodges

U

 

4. College, Public or Private

U

 

5. Cultural Institutions

 

 

a. Cultural Institutions

U

 

b. Natural History/Science Museum

U

 

6. Emergency Medical Care/No Inpatient

U

 

7. Government Offices

P

 

8. Hazardous Waste Management Facility

 

 

9. Heliports

 

 

10. Hospitals

 

 

a. Acute Care

 

 

b. Other

 

 

11. Housing for the Homeless/Emergency Shelters

L(14)

 

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(15)

 

(2) Small Collection Facility

L(15)

 

(3) Large Collection Facility

 

 

b. Processing Facility

 

 

18. Religious Assembly

U

 

19. Residential Care Facility

U

 

20. Schools, Public or Private

U

 

21. Skilled Nursing Facilities

U

 

22. Utilities, Major

L(16)

 

23. Utilities, Minor

P

 

F. Accessory Uses

 

 

1. Accessory Living Quarters

 

 

2. Accessory Structure

L(17)

 

3. Accessory Uses

L(18)

 

a. Garage Sales

 

 

b. Home Occupations

L(19)

 

c. Personal Cannabis Cultivation

L(23)

(K)

G. Temporary Uses

 

(B)

1. Arts and Crafts Shows, Outdoor

L(20)

 

2. Christmas Tree Sales

L(20)

 

3. Civic/Community Events

L(20)

 

4. Farmers Markets

L(20)

 

5. Live Entertainment Events

L(20)

 

6. Outdoor Seating/Eating and Drinking Estab

L(9)

 

7. Pumpkin Sales

L(20)

 

8. Retail Sales, Outdoor

L(20)

 

9. Swap Meets, Non-Recurring

L(20)

 

10. Swap Meets, Recurring

L(20)

 

11. Street Fairs

L(20)

 

12. Vendor Carts

L(21)

 

USE REGULATIONS

L(1)

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

L(2)

Animal Hospitals/Vet Services are permitted subject to the issuance of a Conditional Use Permit and shall not include the boarding of animals except for convalescence or medical examination.

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 on approval of a Conditional Use Permit.

L(4)

Permitted as an accessory use associated with Food and Beverage Sales or an Eating and Drinking Establishment If the use is not an accessory use, then the use is permitted on approval of a Conditional Use Permit.

L(5)

Permitted on floors above the ground level or on the ground level on approval of a Conditional Use Permit. In approving the use permit, the Planning Commission shall find that:

a) The proposed location is not suitable for retail use by virtue of its location, configuration or relationship to streets, driveways or access ways;

b) The proposed ground floor office use is compatible with the existing character and uses of the area.

L(6)

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

L(7)

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(8)

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

L(9)

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

L(10)

Mortuaries are permitted upon approval of a Conditional Use Permit. All other uses within this category are not permitted.

L(11)

Permitted provided that all activity is conducted entirely within an enclosed building. Uses that include outdoor sales are permitted upon approval of a Conditional Use Permit subject to a finding that the outdoor sales does not negatively impact any abutting uses.

L(12)

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(13)

Business and Trade Schools are permitted subject to the issuance of a Conditional Use Permit. Fine arts, crafts, dance or music studios, exercise or aerobic studios, driving schools, and diet centers are permitted.

L(14)

A Conditional Use Permit shall be required if it is to be located on a parcel within 500 feet of the boundary of any residential zoning district, otherwise it is a permitted use.

L(15)

Permitted subject to the approval of the Community Development Director.

L(16)

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

L(17)

Accessory structures are permitted subject to Sec. 10-2.2.703. Property Development Regulations.

L(18)

See the use regulation for the primary use classification.

L(19)

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

L(20)

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

L(21)

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

L(22)

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

L(23)

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 and Display.

(C)

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

(D)

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

(E)

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

(F)

See Part III, Article 8. Concurrent Sales.

(G)

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

(H)

See Part III, Article 7. Recycling Facilities.

(I)

See Part III, Article 9. Inclusionary Housing.

(J)

See Part III, Article 12. Alcoholic Beverage Sales.

(K)

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

(§7, Ord. 1927, eff. 7/16/98; §§14, 15, 16, Ord. 2109, eff. 6/15/12; §11, Ord. 2129, eff. 7/3/14; §4, Ord. 2145, eff. 3/4/16; §§7(1), (24)—(26), Ord. 2183, eff. 9/8/18)

10-2.2.703 Property Development Regulations.

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

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

A. Minimum Lot Area

10,000 sq. ft.

D(1)

B. Minimum Lot Width

80'

D(2)

C. Minimum Lot Frontage

80'

D(2)

D. Minimum Lot Depth

100'

D(3)

E. Minimum Setbacks

D(4) D(5)

1. Front

NA

 

2. Side

NA

 

3. Corner Side

NA

 

4. Rear

NA

 

F. Maximum Height

 

D(6)

G. Density

 

 

1. Residential

 

D(7)

2. Commercial

 

D(8)

3. Mixed Use

 

D(7) D(8)

H. Maximum Lot Coverage

NA

 

I. Maximum Floor Area Ratio

 

D(8)

J. Design Review

See Sec. 10-2.4.1202.

 

K. Landscaping

See Part III, Article 11.

 

L. Storage Space for Residential Units

200 Cubic Feet

D(10)

M. Fences and Walls

See Sec. 10-2.3.104.

 

N. Antennas

See Sec. 10-2.3.120.

 

O. Non-Conforming Conditions

See Part III, Article 3.

 

P. Elevators

See Sec. 10-2.3.124.

 

Q. Recycling Facilities

See Part III, Article 7.

 

R. Parking and Loading

See Part III, Article 2.

 

S. Signs

See Title 10, Chapter 8.

 

T. Preservation of Trees

See Title 3. Chapter 8.

 

U. Hillside Performance Standards

See Part III, Article 4.

 

V. Stormwater Control

See Title 9, Chapter 16.

 

ADDITIONAL DEVELOPMENT REGULATIONS

D(1)

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

D(2)

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

D(3)

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

D(4)

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

D(5)

Refer to the Zoning Map for Future Street Line Setbacks.

D(6)

Refer to the Zoning Map.

D(7)

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

D(8)

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

D(9)

A minimum of 10% of the project site shall be landscaped.

D(10)

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

(§2, Ord. 2037, eff. 12/17/04; §8, Ord. 2070, eff. 6/20/2008; §11, Ord. 2108, eff. 4/7/12; §4, Ord. 2145, eff. 3/4/16)