Article 4. High Density Residential Planned Development District (M-H-D)

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10-2.2.401 Purpose and Intent.

The purpose of the High Density Residential Planned Development District is to provide multiple family high density housing in close proximity to retail and commercial areas of the downtown Core Area. The intent is to encourage a high density residential neighborhood in the Alma Avenue area while allowing some ground level commercial uses. To provide the greatest flexibility, development will be regulated by a minimum and maximum floor area ratio.

10-2.2.402 Land Use Regulations. Revised 10/24

No use shall be permitted in the High Density Residential Planned Development District except in accord with a valid planned development permit or Section 10-2.3.1702, Ministerial Review Required. Any permitted or conditionally permitted use in the Land Use Regulations Table (as follows) may be included in an approved planned development permit, if consistent with the General Plan land use designation and the Alma Avenue Specific Plan (Specific Plan #9).

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

 

(A)(B)(C)(D)(H)

1. Adult Day Care Home

P

 

2. Congregate Living Facility

P

 

3. Family Day Care Home

 

 

a. Small Family Day Care Home

P

(E)

b. Large Family Day Care Home

L(1)

(E)

4. Group Residential

 

 

5. Multiple-Family Residential

P

 

6. Residential Care Home

P

 

7. Accessory Dwelling Units

 

 

a. Accessory Dwelling Unit

P

(K)

b. Junior Accessory Dwelling Unit

 

 

8. Single-Family Residential

 

 

9. Supportive Housing

L(12), L(13)

 

10. Transitional Housing

L(12)

 

B. Commercial Use Classifications

 

(A)(F)

1. Ambulance Services

 

 

2. Animal Sales and Service

 

 

a. Animal Hospital

 

 

b. Animal: Retail Sales and Grooming

 

 

c. Horse Stables

 

 

d. Kennel

 

 

3. Artist Studio

 

 

4. Banks and Savings and Loans

 

 

a. Banks and Savings and Loans

 

 

(1) With Drive-up Service

 

 

(2) With Automated Teller Machine

L(2)

 

5. Catering Services

 

 

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

 

 

8. Custom Manufacturing

 

 

9. Eating and/or Drinking Establishments

(I)

a. Eating and/or Drinking Establishments

L(3)

 

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

L(4)

 

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

L(5)

 

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

L(4)

 

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

L(5)

 

(5) With Live Entertainment

 

 

(6) With Dancing

 

 

(7) With Take-out Service

L(3)

 

(a) Drive-up

 

 

(8) With Permanent Outdoor Seating

L(3)

 

(9) With Off-site Distribution

 

 

(a) Micro-brewery

L(3)

 

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

 

 

11. Funeral and Interment Services

 

 

12. Health Clubs

L(3)

 

13. Home Improvement Sales and Service

 

 

14. Horticultural Establishment

 

 

15. Lumber and Building Material Yard

 

 

16. Maintenance and Repair Service/Small Equip

 

 

17. Mini Storage

 

 

18. Nursery

 

 

19. Offices, Business and Professional

 

 

a. Offices, Business and Professional

 

 

b. Offices, Medical

 

 

20. Parking, Commercial Facility

 

 

21. Pawn Shop

 

 

22. Personal Improvement Services

L(3)

 

23. Personal Services

L(3)

 

24. Recreation and Entertainment, Commercial

 

 

a. Within a Building

 

 

b. Outside a Building

 

 

25. Research and Development Services

 

 

26. Retail Sales/Rental

L(3)

 

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

 

 

(1) Automobile Washing

 

 

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

 

 

b. Hotels

 

 

c. Motels

 

 

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

 

(A)

1. Adult Day Care Facility

U

 

2. Child Day Care Facility (Day Care Center)

U

(E)

3. Clubs and Lodges

 

4. College, Public or Private

 

 

5. Cultural Institutions

 

 

a. Cultural Institutions

 

 

b. Natural History/Science Museum

 

 

6. Emergency Medical Care

 

 

7. Government Offices

 

 

8. Hazardous Waste Management Facility

 

 

9. Heliports

 

 

10. Housing for the Homeless/Emergency Shelters

 

 

11. Hospitals

 

 

a. Acute Care

 

 

b. Other

 

 

12. Low Barrier Navigation Center

L(14)

(L)

13. Maintenance and Service Facilities

 

 

14. Park and Recreation Facilities

P

 

15. Public Parking Facilities

 

 

16. Public Safety Facilities

U

 

17. Public Transit Terminals

 

 

18. Recycling Facilities

 

 

a. Collection Facility

 

 

(1) Reverse Vending Machine

L(6)

(G)

(2) Sml. Collection Facility

L(6)

(G)

(3) Lrg. Collection Facility

 

 

b. Processing Facility

 

 

19. Religious Assembly

 

 

20. Residential Care Facility

U

 

21. Schools, Public or Private

 

 

22. Skilled Nursing Facilities

 

 

23. Utilities, Major

L(7)

 

24. Utilities, Minor

P

 

F. Accessory Uses

(A)

1. Accessory Living Quarters

 

 

2. Accessory Structure

L(8)

 

3. Accessory Use

L(9)

 

a. Garage Sales

P

 

b. Home Occupations

L(9)

 

c. Personal Cannabis Cultivation

L(11)

(J)

G. Temporary Uses

 

(F)

1. Arts and Crafts Shows, Outdoor

L(10)

 

2. Christmas Tree Sales

 

 

3. Civic/Community Events

L(10)

 

4. Farmers Markets

 

 

5. Live Entertainment Events

L(10)

 

6. Outdoor Seating/Eating and Drinking Estab

 

 

7. Pumpkin Sales

 

 

8. Retail Sales, Outdoor

 

 

9. Swap Meets, Non-Recurring

 

 

10. Swap Meets, Recurring

 

 

11. Street Fairs

 

 

12. Vendor Carts

 

 

USE REGULATIONS

L(1)

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

L(2)

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 adequate security and lighting and that queuing for the ATM does not impede pedestrian or vehicular traffic flow.

L(3)

Permitted on the ground floor of a multi family project upon approval of a Conditional Use Permit (unless developed in conjunction with a multifamily project in which case the use shall be approved as part of the Planned Development Permit). In approving the Use Permit or the Planned Development Permit (if the use is developed in conjunction with a multi family project) the Planning Commission must find that:

a) The proposed use is located on Bothelo Avenue; and

b) The use, in terms of activities, location, size, appearance and signage, will not alter nor detract from the residential character of the neighborhood.

L(4)

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.

L(5)

Not permitted if located within 600 feet of a 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 both L(3) and to Article 12 of Part III of the Zoning Ordinance.

L(6)

Reverse vending machines used by occupants of single family homes, duplex units and multiple family housing projects for the sole collection and storage of recyclable material generated by on-site residents are permitted. Reverse vending machines and small collection facilities are permitted in Community Service Facilities (see Part III, Article 7. Recycling Facilities. for the definition of "Community Service Facilities") upon approval by the Community Development Director. Storage containers must be enclosed or placed out of view of any public right-of-way.

L(7)

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

L(8)

Accessory structures are permitted subject to the standards in Sec. 10-2.3.103. Accessory Structures.

L(9)

Home Occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107. Home Occupations). For all other accessory uses, see the use regulation for the primary use classification.

L(10)

Permitted in Park and Recreation Facilities subject to the approval of a Temporary Activity Permit (see Sec. 10-2.3.113. Temporary Activity Permits).

L(11)

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

L(12)

Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).

L(13)

Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.

L(14)

Permitted by right on Bothelo Avenue when meeting the requirements of Section 65662 of the California Government Code.

ADDITIONAL USE REGULATIONS

(A)

No use shall be permitted in the High Density Residential Planned Development District except in accord with a valid Planned Development Permit.

(B)

See Sec. 10-2.3.103. Accessory Buildings.

(C)

See Sec. 10-2.3.107. Home Occupations.

(D)

See Sec. 10-2.3.108. Animals.

(E)

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

(F)

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

(G)

See Part III, Article 7. Recycling Facilities.

(H)

See Part III, Article 9. Inclusionary Housing.

(I)

See Part III, Article 12. Alcoholic Beverage Sales.

(J)

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

(K)

See Part III, Article 5. Accessory Dwelling Units.

(L)

See Part III, Article 16. Objective Standards for Emergency Shelters and Navigation Centers.

(Ord. 1877, eff. 1/6/96; §§8, 9, 10, Ord. 2109, eff. 6/15/12; §8, Ord. 2129, eff. 7/3/14; §§7(1), (15)—(17), Ord. 2183, eff. 9/8/18; §3, Ord. 2188, eff. 3/8/19; §10, Ord. 2210, eff. 10/22/21; §5(1), Ord. 2216, eff. 7/2/22; §3(6), Ord. 2243, eff. 9/7/24)

10-2.2.403 Permit Required. Revised 10/24

Except in accord with Section 10-2.3.1702, Ministerial Review Required, any property zoned High Density Residential Planned Development shall not be developed until a planned development (P-D) permit has been obtained pursuant to the provisions of Part IV, Article 10, Planned Development (P-D) Permit. (§3(6), Ord. 2243, eff. 9/7/24)

10-2.2.404 Property Development Regulations. Revised 9/24

The following schedule prescribes development regulations for the High Density Residential Planned Development 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

15,000 sq ft

D(1)

B. Minimum Lot Width

100 feet

D(1)

C. Minimum Lot Frontage

100 feet

D(1)

D. Minimum Lot Depth

NA

 

E. Minimum Setbacks

 

D(1)

1. Front

NA

 

2. Side

NA

 

3. Corner Side

NA

 

4. Rear

NA

 

F. Maximum Height

 

D(2)

G. Density

 

D(3)

H. Maximum Lot Coverage

NA

 

I. Design Review

See Sec. 10-2.4.1202.

D(1)

J. Open Space

 

D(4)

K. Storage Space for Residential Units

 

D(5)

L. Screening

 

D(6)

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

 

D(7)

S. Signs

See Title 10, Chapter 8.

 

T. Preservation of Trees

See Title 3. Chapter 8.

 

U. Utility Undergrounding

 

D(8)

V. Stormwater Control

See Title 9, Chapter 16.

 

W. Landscaping

See Part III, Article 11.

 

 

ADDITIONAL DEVELOPMENT REGULATIONS

D(1)

Refer to Specific Plan #9 for Design Guidelines and graphic illustrations of design concepts.

D(2)

The maximum building height is 70 feet, not to exceed 35 feet in designated view corridors surrounding the entrance to the park. The Planning Commission reserves the authority to review and approve the transition between height zones.

D(3)

The maximum base floor area ratio is 1.5. The minimum base floor area ratio is 0.75. Additional floor area over the maximum base FAR will be permitted for projects that include at least 20% of the units reserved for occupancy by low- and moderate-income households, as defined by the U. S. Department of Housing and Urban Development for this metropolitan area. At least 40% of these units (8% of all units) must be reserved for low-income households. The maximum FAR bonus for low and moderate income housing is 0.5.

D(4)

A minimum of twenty percent (20%) of the overall project site shall be landscaped. Front and corner side landscaping requirements count toward the minimum site landscape area requirement. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. Where multiple parcels are developed, the minimum landscaping applies across the project as a whole. Where provided front and/or corner side setbacks are more than five (5) feet, the corresponding yards shall be landscaped as follows:

i. A minimum of forty percent (40%) of the yard shall be landscaped.

ii. For projects with ground-floor commercial uses, a minimum of twenty percent (20%) of the yard shall be landscaped.

See also Private Residential Outdoor Space in Section 10-2.3.126.

D(5)

Each residential unit shall have at least 200 cubic feet of enclosed, 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(6)

Exterior storage, electrical and mechanical systems shall be screened. Trash and refuse collection and disposal facilities shall be enclosed by a solid fence or hedge that is no lower than the facilities themselves.

D(7)

One space per bedroom, but in no case fewer than 1.25 spaces per unit. Required spaces may be located up to 200 feet from the residential building they serve. Off-site parking shall be permitted if located on a site under the same ownership and a reciprocal parking agreement (that includes the City of Walnut Creek as a party to that agreement) and deed restriction have been recorded on the property.

D(8)

All utilities in the area shall be undergrounded.

(§2, Ord. 2037, eff. 12/17/04; §8, Ord. 2108, eff. 4/7/12; §4, Ord. 2239, eff. 7/5/24)