A. Residential Use Classifications

(I)

1. Adult Day Care Home

P

2. Congregate Living Facility

L(24)

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

L(25)

5. Multiple Family Residential

L(21)

6. Residential Care Home

L(25)

7. Accessory Dwelling Unit

8. Single Family Residential

B. Commercial Use Classifications

(B)

1. Ambulance Services

2. Animal Sales and Service

a. Animal Hospital

L(2)

b. Animal: Retail Sales and Grooming

L(3)

c. Horse Stables

d. Kennel

3. Artist Studio

L(4)

4. Banks and Savings and Loans

a. Banks and Savings and Loans

U

(1) With Drive-up Service

L(24)

(2) With Automated Teller Machine

U

5. Catering Services

L(5)

(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. Nonstorefront Delivery-Only Operation

f. Commercial Cannabis Testing Laboratory

7. Communication Facilities

L(27)

8. Custom Manufacturing

9. Eating and/or Drinking Establishments

(J)

a. Eating and/or Drinking Establishments

L(3)

(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

L(3)

(a) Drive-up

(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

L(3)

b. Convenience Market

L(3)

(1) With Gasoline Sales

c. Specialty Food Shops

L(3)

(1) With Off-site Distribution

L(5)

(C)

11. Funeral and Interment Services

12. Health Clubs

L(10)

13. Home Improvement Sales and Service

14. Horticultural Establishment

15. Lumber and Building Material Yard

16. Maintenance and Repair Service/Small Equip.

L(4)

17. Mini Storage

18. Nursery

19. Offices, Business and Professional

a. Offices, Business and Professional

L(23)

(1) Offices, Medical

L(23)

20. Parking, Commercial Facility

L(11)

(E)

21. Pawn Shop

L(3)

22. Personal Improvement Services

U

23. Personal Services

L(3)

24. Recreation and Entertainment, Commercial

a. Within a Building

b. Outside a Building

25. Research and Development Services

L(27)

26. Retail Sales/Rental

L(12)

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(28)

(F)(G)

(1) Automobile Washing

L(28)

(F)(G)

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

L(13)

b. Hotels

L(13)

c. Motels

L(28)

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(26)

2. Child Day Care Facility (Day Care Center)

L(26)

(A)

3. Clubs and Lodges

L(26)

4. College, Public or Private

L(26)

5. Cultural Institutions

a. Cultural Institutions

U

b. Natural History/Science Museum

U

6. Emergency Medical Care/No Inpatient

L(27)

7. Government Offices

L(27)

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

L(26)

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(14)

(H)

(2) Small Collection Facility

L(13)

(H)

(3) Large Collection Facility

b. Processing Facility

18. Religious Assembly

U

19. Residential Care Facility

L(26)

20. Schools, Public or Private

L(26)

21. Skilled Nursing Facilities

L(26)

22. Utilities, Major

L(15)

23. Utilities, Minor

P

F. Accessory Uses

1. Accessory Living Quarters

2. Accessory Structure

L(16)

3. Accessory Uses

L(17)

a. Garage Sales

b. Home Occupations

L(18)

c. Personal Cannabis Cultivation

L(22)

(K)

G. Temporary Uses

(B)

1. Arts and Crafts Shows, Outdoor

L(19)

2. Christmas Tree Sales

L(19)

3. Civic/Community Events

L(19)

4. Farmers Markets

L(19)

5. Live Entertainment Events

L(19)

6. Outdoor Seating/Eating and Drinking Establishment

L(9)

7. Pumpkin Sales

L(19)

8. Retail Sales, Outdoor

L(19)

9. Swap Meets, Non-Recurring

L(19)

10. Swap Meets, Recurring

L(19)

11. Street Fairs

L(19)

12. Vendor Carts

L(20)

L(1)

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

L(2)

Animal hospitals/veterinarian services are permitted; provided, that there is no boarding of animals except for convalescence or medical examination.

L(3)

Permitted in the Core Area on the ground floor of a multistory building. If the use is to be located in a single-story Core Area building, the use is permitted upon approval of a Conditional Use Permit. In approving the Use Permit the Planning Commission shall find that the proposed ground floor use is compatible with the existing character and uses of the area. Outside of the Core Area, the uses are not permitted.

L(4)

Permitted; provided, that the primary use of the facility is not retail sales. Where retail sales is the primary use of the facility, the uses are permitted subject to L(3).

L(5)

Permitted subject to L(3) and only as an accessory use associated with food and beverage sales or an eating and drinking establishment, otherwise the use is not permitted.

L(6)

Permitted, in the Core Area, on the ground floor of a multistory building upon approval of an Administrative Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance. If the use is to be located in a single-story Core Area building, the use is permitted subject to L(3) and an additional finding by the Planning Commission that the use is consistent with the Administrative Use Permit compliance checklist conditions of approval pursuant to Article 12 of Part III of the Zoning Ordinance. Outside the Core Area, the use is not permitted.

L(7)

Not permitted if located within six hundred (600) feet of a school (as defined in Section 10-2.1.403(E)) if providing full alcoholic beverage service. Otherwise permitted in the Core Area, on the ground floor of a multistory building upon approval of a Conditional Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance. If the use is to be located in a single-story Core Area building, the use is permitted upon approval of a conditional use permit pursuant to both L(3) and to Article 12 of Part III of the Zoning Ordinance. Outside the Core Area, the use is not permitted.

L(8)

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

L(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)

Permitted in the Core Area. Outside of the Core Area the use is permitted upon approval of a Conditional Use Permit.

L(11)

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(12)

Prescription pharmacies that are an integral part of and ancillary to a complex of medical offices are permitted. All other uses are permitted subject to L(3).

L(13)

In the Core Area, the use is permitted upon the approval of a Conditional Use Permit. Outside the Core Area, the use is not permitted.

L(14)

Permitted subject to the approval of the Community Development Director.

L(15)

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

L(16)

Accessory structures are permitted subject to Section 10-2.2.803, Property Development Regulations.

L(17)

See the use regulation for the primary use classification.

L(18)

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

L(19)

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

L(20)

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(21)

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 ninety percent (90%) 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; multiple-family residential uses are allowed by right for the parcel at 2079 Mt. Diablo Blvd. (APN:184-042-014) up to fifty-six (56) dwelling units per acre when at least twenty percent (20%) of units are affordable to low- and very low-income households (as defined under Health and Safety Code Section 50093 as may be amended); otherwise not permitted.

L(22)

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

L(23)

Businesses whose primary activities involve walk-in customer visits (including but not limited to document preparation centers; real estate agencies; and public offices for title companies, mortgage brokers, stock brokers, and financial advisors) are permitted on the ground floor of a multistory building when located west of North/South California Boulevard; otherwise permitted subject to L(27) below.

L(24)

Not permitted within the plan area boundaries of the West Downtown Specific Plan; otherwise conditionally permitted.

L(25)

Not permitted within the plan area boundaries of the West Downtown Specific Plan; otherwise permitted.

L(26)

Not permitted on the ground floor within fifty (50) feet from the street line of a Core Area retail street; otherwise conditionally permitted.

Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area retail street when not occupying more than ten percent (10%) of the gross floor area of the portion of the ground floor within fifty (50) feet of the street line, nor more than ten percent (10%) of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.

L(27)

Not permitted on the ground floor within fifty (50) feet from the street line of a Core Area retail street; otherwise permitted.

Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area retail street when not occupying more than ten percent (10%) of the gross floor area of the portion of the ground floor within fifty (50) feet of the street line, nor more than ten percent (10%) of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.

L(28)

In the portion of the Core Area located outside of the plan area boundaries of the West Downtown Specific Plan, the use is conditionally permitted; otherwise, the use is not permitted.

(A)

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

(B)

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

(C)

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

(F)

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

(G)

See Part III, Article 8, Concurrent Sales.

(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.

A. Minimum Lot Area

1. Core Area

10,000 sq. ft.

D(1)

2. Outside Core Area

NA

B. Minimum Lot Width

1. Core Area

80 ft.

D(2)

2. Outside Core Area

NA

C. Minimum Lot Frontage

1. Core Area

80 ft.

D(2)

2. Outside Core Area

NA

D. Minimum Lot Depth

1. Core Area

100 ft.

D(3)

2. Outside Core Area

NA

E. Minimum Setbacks

D(4) D(5) D(6)

1. Front

Average of 15 ft.

D(7)

2. Side

Average of 10 ft.

D(7)

3. Corner Side

Average of 10 ft.

D(7)

4. Rear

D(8)

F. Maximum Height

1. Core Area

D(9)

2. Outside Core Area

D(10)

G. Density

1. Residential

D(11)

2. Commercial

a. Core Area

D(12)

b. Outside Core Area

.5 FAR

3. Mixed Use

a. Core Area

D(11) D(12)

b. Outside Core Area

.5 FAR

D(11)

H. Maximum Lot Coverage

NA

I. Maximum Floor Area Ratio

1. Core Area

D(12)

2. Outside Core Area

.5

J. Minimum Floor Area Ratio

D(15)

K. Minimum Ground Floor Height

D(16)

L. Minimum Ground Floor Depth

D(17)

M. Design Review

See Section 10-2.4.1202.

N. Landscaping

See Part III, Article 11.

D(13)

O. Storage Space for Residential Units

200 cubic feet

D(14)

P. Fences and Walls

See Section 10-2.3.104.

Q. Antennas

See Section 10-2.3.120.

R. Nonconforming Conditions

See Part III, Article 3.

S. Elevators

See Section 10-2.3.124.

T. Recycling Facilities

See Part III, Article 7.

U. Parking and Loading

See Part III, Article. 2.

D(18)

V. Signs

See Title 10, Chapter 8.

W. Preservation of Trees

See Title 3, Chapter 8.

X. Hillside Performance Standards

See Part III, Article 4.

Y. Stormwater Control

See Title 9, Chapter 16

D(1)

Any existing lot containing less than ten thousand (10,000) square feet may be developed pursuant to all provisions of this chapter.

D(2)

Any existing lot having a width or frontage of less than eighty (80) 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 (100) feet may be developed pursuant to all provisions of this chapter.

D(4)

See Section 10-2.3.106, Exclusion of Rights-of-Way.

D(5)

Refer to the Zoning Map for future street line setbacks.

D(6)

Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.4 (Building Setbacks) of the North Downtown Specific Plan.

Outside of the plan area boundaries of the North Downtown Specific Plan: Refer to the General Plan—Chapter 4, Figure 11 (Building Setbacks).

D(7)

Such yards may be waived or reduced in depth pursuant to the approval of the site plan if existing conditions in the neighborhood of such proposed construction make the required yard inconsistent with existing development. Except as specified by the General Plan, no front or corner side setbacks shall be required for the fourth and lower stories of buildings located on Core Area retail streets within the plan area boundaries of the West Downtown Specific Plan.

D(8)

The average rear yard shall be not less than that required in the land use district which abuts the rear line of the lot upon which construction is proposed. If the abutting district has no rear yard requirement or has a rear yard requirement similar to the provisions as required herein, there shall be no required rear yard.

D(9)

Within the plan area boundaries of the West Downtown Specific Plan: Refer to the Zoning Map. Notwithstanding the foregoing, approval by the Planning Commission or City Council of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements, is required for any building with a top elevation greater than sixty-five (65) feet.

Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional building height upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.

Outside of the plan area boundaries of the West Downtown and North Downtown Specific Plans: Refer to the Zoning Map.

D(10)

The maximum height, outside of the Core Area, shall be twenty-five (25) feet unless otherwise specified on the Zoning Map.

D(11)

Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional building FAR upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.

Outside of the plan area boundaries of the North Downtown Specific Plan: For residential development refer to the General Plan, Chapter 4, Figure 9 (Mixed Use Floor Area Ratios).

D(12)

Within the plan area boundaries of the West Downtown Specific Plan: Maximum FAR is 1.5. Notwithstanding the foregoing, the Planning Commission or City Council may permit a FAR up to 3.0 upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.

Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional building FAR upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.

Outside of the plan area boundaries of the West Downtown and North Downtown Specific Plans: For commercial development refer to the General Plan, Chapter 4, Figure 8 (Core Area Commercial Floor Area Ratios).

D(13)

A minimum of twenty percent (20%) of the project site shall be landscaped.

D(14)

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 (2) or more locations.

D(15)

Within the plan area boundaries of the West Downtown Specific Plan: 0.75.

Outside of the plan area boundaries of the West Downtown Specific Plan: no requirement.

D(16)

Within the plan area boundaries of the West Downtown Specific Plan: the ground floor height for all portions of a building located within fifty (50) feet of a street line, as measured from the surface of the ground floor to the surface of the floor directly above it, shall be a minimum of eighteen (18) feet.

Outside of the plan area boundaries of the West Downtown Specific Plan: no requirement.

D(17)

Within the plan area boundaries of the West Downtown Specific Plan: the minimum depth of all ground floor tenant spaces abutting the street shall be the lesser of the following:

a) Fifty (50) feet; or

b) Ten (10) feet less than the lot depth.

This requirement shall not apply to lobbies and entrance areas serving the upper floors of a building or the portions of the ground floor located more than fifty (50) feet away from the street line.

Outside of the plan area boundaries of the West Downtown Specific Plan: no requirement.

D(18)

Within the plan area boundaries of the West Downtown Specific Plan, no surface, ground level, or aboveground parking spaces shall be located within twenty (20) feet of a street line or within fifty (50) feet of a street line for a Core Area retail street.