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(28)

6. Residential Care Home

P

7. Accessory Dwelling Unit

a. Accessory Dwelling Unit

P

(L)

b. Junior Accessory Dwelling Unit

P

(L)

8. Single Family Residential

9. Supportive Housing

L(30), L(31)

10. Transitional Housing

L(30)

B. Commercial Use Classifications

(B)

1. Ambulance Services

U

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

L(4)

(1) With Drive-up Service

U

(2) With Automated Teller Machine

L(5)

5. Catering Services

L(6)

(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(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

(D) (J)

(6) With Dancing

P

(D) (J)

(7) With Take-out Service

L(11)

(a) Drive-up

L(12)

(8) With Permanent Outdoor Seating

L(13)

(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(14)

12. Health Clubs

P

13. Home Improvement Sales and Service

L(15)

14. Horticultural Establishment

15. Lumber and Building Material Yard

16. Maintenance and Repair Service/Small Equipment

L(3)

17. Mini Storage

18. Nursery

L(15)

19. Offices, Business and Professional

a. Offices, Business and Professional

L(7)

(1) Offices, Medical

L(16)

20. Parking, Commercial Facility

L(17)

21. Pawn Shop

L(18)

22. Personal Improvement Services

L(19)

23. Personal Services

P

24. Recreation and Entertainment, Commercial

a. Within a Building

U

b. Outside a Building

25. Research and Development Services

26. Retail Sales/Rental

L(15)

27. Vehicle/Equipment Sales and Service

a. Automobile Rental/Leasing

b. Automobile Sales/New and Used

c. Automobile Washing

U

d. Automobile Wrecking

e. Service Stations

U

(E)(F)

(1) Automobile Washing

U

(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

U

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

U

b. Natural History/Science Museum

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(20)

(M)

12. Low Barrier Navigation Center

L(32)

(M)

13. Maintenance and Service Facilities

14. Park and Recreation Facilities

P

15. Public Parking Facilities

P

16. Public Safety Facilities

P

17. Public Transit Terminals

18. Recycling Facilities

a. Collection Facility

(1) Reverse Vending Machine

L(21)

(H)

(2) Small Collection Facility

L(21)

(H)

(3) Large Collection Facility

b. Processing Facility

19. Religious Assembly

U

20. Residential Care Facility

21. Schools, Public or Private

22. Skilled Nursing Facilities

23. Utilities, Major

L(22)

24. Utilities, Minor

P

F. Accessory Uses

1. Accessory Living Quarters

2. Accessory Structure

L(23)

3. Accessory Uses

L(24)

a. Garage Sales

b. Home Occupations

L(25)

c. Personal Cannabis Cultivation

L(29)

(K)

G. Temporary Uses

(B)

1. Arts and Crafts Shows, Outdoor

L(26)

2. Christmas Tree Sales

L(26)

3. Civic/Community Events

L(26)

4. Farmers Markets

L(26)

5. Live Entertainment Events

L(26)

6. Outdoor Seating/Eating and Drinking Establishment

L(13)

7. Pumpkin Sales

L(26)

8. Retail Sales, Outdoor

L(26)

9. Swap Meets, Non-Recurring

L(26)

10. Swap Meets, Recurring

L(26)

11. Street Fairs

L(26)

12. Vendor Carts

L(27)

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 not permitted.

L(4)

Facilities that have a gross floor area of 1,000 square feet or less are permitted. Facilities that exceed 1,000 square feet in gross floor area are permitted on approval of a Conditional Use Permit.

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

A Conditional Use Permit shall be required if located in the Community Commercial district north of Geary Road. In addition to the findings listed above, the following findings must be made:

a. The site fronts North Main Street with access from North Main Street,

b. There is adequate space for short-term parking, and

c. The ATM activity will not negatively impact the abutting residential area.

L(6)

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

L(7)

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 the proposed location is not suitable for retail use by virtue of its location, configuration, or relationship to streets, driveways or access ways.

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. A Conditional Use Permit shall be required if is to be located within 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(11)

If the use is to be located in a freestanding building, the use is permitted upon approval of a Conditional Use Permit. If the use is not located in a freestanding building, the use is permitted. In the Community Commercial district north of Geary Road, the use is permitted.

L(12)

A Conditional Use Permit is required. In the Community Commercial district north of Geary Road/Treat Boulevard, the use is prohibited. As an incentive to encourage development of the former co-op site and adjacent gas station site, (1510 Geary Road) a drive-thru restaurant may be conditionally permitted if it is associated with a larger development. If a Conditional Use Permit is not approved by September 11, 1998, the drive-thru use is prohibited.

L(13)

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(14)

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

L(15)

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 residential uses.

L(16)

Services of an optometrist in conjunction with retail sales of prescription and non-prescription eyeglasses is a permitted use. Other medical offices are permitted subject to L(7).

L(17)

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(18)

In the Community Commercial district north of Geary Road, the use is prohibited; otherwise permitted.

L(19)

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(20)

A Conditional Use Permit shall be required if housing for the homeless is to be located on any parcel within 600 feet of the boundary of any residential zoning district, otherwise it is a permitted use.

L(21)

Permitted subject to the approval of the Community Development Director.

L(22)

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(23)

Accessory structures are permitted subject to Sec. 10-2.2.1304. Property Development Regulations.

L(24)

See the use regulation for the primary use classification.

L(25)

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

L(26)

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

L(27)

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(28)

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(29)

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

L(30)

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(31)

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(32)

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

(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 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.

(L)

See Part III, Article 5, Accessory Dwelling Units.

(M)

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

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)

1. Front

10'

D(3)

2. Side

10'

3. Corner Side

10'

D(3)

4. Rear

20'

F. Maximum Height

D(4)

G. Density

1. Residential

D(5)

2. Commercial

.3 FAR

3. Mixed Use

.3 FAR

D(5)

H. Maximum Lot Coverage

NA

I. Maximum Net Floor Area Ratio

.3 FAR

J. Design Review

See Sec. 10-2.4.1202.

K. Landscaping

See Part III, Article 11.

D(6)

L. Storage Space for Residential Units

200 cubic feet

D(7)

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

W. Private Residential Outdoor Space

See Sec. 10-2.3.126.

X. Courts

See Sec. 10-2.3.127.

Y. Lighting

See Sec. 10-2.3.128.

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)

If the front lot line is substantially a continuation of a front lot line of an abutting lot that is in a residential zone district (even if it is separated by a street), the front setback shall be not less than the required front setback in the abutting residential zone district.

D(4)

The maximum building height shall be 20 feet unless otherwise specified by the Zoning Map.

D(5)

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

D(6)

The minimum required front and corner side setbacks shall be landscaped. 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. See also Private Residential Outdoor Space in Section 10-2.3.126.

D(7)

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.