Article 22 — Residential Mixed Use District (MU-R)

10-2.2.2201 Purpose and Intent. ¶

The purpose of the Residential Mixed Use District is to encourage the development of a combination of medium- to high-intensity residential uses and limited commercial uses within the Core Area. Development in the Residential Mixed Use District is intended to be pedestrian-oriented, generally close to the street, and vertical in nature; typically with structured parking. Residential uses are encouraged on all floors, while restaurant and retail uses and the non-residential components of multifamily developments (leasing offices, community rooms, exercise facilities, etc.) are appropriate on the ground floor. The Residential Mixed Use District is intended to be primarily residential in nature, with the option for including a commercial component on the ground floor street frontage of residentially oriented mixed use developments. (§7, Ord. 2158, eff. 11/18/16)

10-2.2.2202 Land Use Regulations. Revised 4/25 ¶

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 Classifcations		(A)(B)(C)(D)(E)
1. Adult Day Care Home	P

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
2. Congregate Living Facility	P
3. Family Day Care Home
a. Small Family Day Care Home	P	(F)
b. Large Family Day Care Home	P	(F)
4. Group Residential	P
5. Multiple Family Residential	P
6. Residential Care Home	P
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	(O)
b. Junior Accessory Dwelling Unit
8. Single Family Residential
9. Supportive Housing	L(19), L(20)
10. Transitional Housing	L(19)
B. Commercial Use Classifcations		(G)(H)
1. Ambulance Services

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
2. Animal Sales and Services
a. Animal Hospital/Veterinary Services	L(2)
b. Animal: Retail Sales and Grooming	L(3)
c. Horse Stables
d. Kennels
3. Artist Studios	L(4)
4. Banks and Savings and Loans
a. Banks and Savings and Loans	L(4)
(1) With Drive-up Services
(2) With Automated Teller Machines	L(3)
5. Catering Services	L(6)
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities	L(4)
8. Custom Manufacturing	L(3)
9. Eating and/or Drinking Establishments
a. Eating and/or Drinking Establishments	L(6)
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(7)
(2) With Wine and Beer Service Ending After 11:00 p.m.
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(7)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.
(5) With Live Entertainment
(6) With Dancing

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
(7) With Take-out Services	L(6)
(a) Drive-up
(8) With Permanent Outdoor Seating	L(8)
(9) With Of-site Distribution	U	(J)
(a) Micro-breweries	U	(J)
10. Food and Beverage Sales
a. Food and Beverage Sales	L(9)
b. Convenience Markets	L(9)
(1) With Gasoline Sales
c. Specialty Food Shops	L(9)
(1) With Of-site Distribution	U	(J)
11. Funeral and Interment Services
12. Health Clubs	L(2)
13. Home Improvement Sales and Services	L(2)
14. Horticultural Establishments

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
15. Lumber and Building Material Yards
16. Maintenance and Repair Services/Small Equipment	L(3)
17. Mini Storage
18. Nurseries
19. Ofces, Business and Professional
a. Ofces, Business and Professional	L(4)
(1) Ofces, Medical	L(4)
20. Parking, Commercial Facilities
21. Pawn Shops	L(3)
22. Personal Improvement Services	L(3)
23. Personal Services	L(4)
24. Recreation and Entertainment, Commercial
a. Within a Building	L(2)
b. Outdoor Facilities
25. Research and Development Services

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
26. Retail Sales/Rentals	L(4)
27. Vehicle/Equipment Sales and Services
a. Automobile Rental and Leasing	L(3)
b. Automobile Sales/New and Used	L(3)
c. Automobile Washing
d. Automobile Wrecking
e. Service Stations
(1) With Automobile Washing
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service
g. Vehicle/Equipment Sales and Rentals	L(3)
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns	U
b. Hotels	L(4)

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
c. Motels
C. Industrial Use Classifcations
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifcations
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifcations		(G)
1. Adult Day Care Facilities	L(4)
2. Child Day Care Facilities (Day Care Center)	L(4)	(F)
3. Clubs and Lodges	L(4)
4. Colleges, Public or Private	L(4)
5. Cultural Institutions

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
a. Cultural Institutions	L(4)
b. Natural History/Science Museums	L(4)
6. Emergency Medical Care/No Inpatient
7. Government Ofces	L(4)
8. Hazardous Waste Management Facilities
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters	U
12. Low Barrier Navigation Center	L(21)	(P)
13. Maintenance and Service Facilities
14. Park and Recreation Facilities	P
15. Public Parking Facilities	U
16. Public Safety Facilities	L(4)

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
17. Public Transit Terminals
18. Recycling Facilities
a. Collection Facilities
(1) Reverse Vending Machine Facilities	L(10)	(L)
(2) Small Collection Facilities	L(10)	(L)
(3) Large Collection Facilities
b. Processing Facilities
19. Religious Assembly	L(4)
20. Residential Care Facilities	L(11)
21. Schools, Public or Private	L(4)
22. Skilled Nursing Facilities	L(4)
23. Utilities, Major	L(12)
24. Utilities, Minor	P
F. Accessory Uses		(G)
1. Accessory Living Quarters

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
2. Accessory Structure	L(13)
3. Accessory Use	L(14)
a. Garage Sales
b. Home Occupations	L(15)	(M)
c. Personal Cannabis Cultivation	L(18)	(N)
G. Temporary Uses		(G)(H)
1. Arts and Crafts Shows, Outdoor	L(16)

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
2. Christmas Tree Sales	L(16)
3. Civic/Community Events	L(16)
4. Farmers Markets	L(16)
5. Live Entertainment Events	L(16)
6. Outdoor Seating for Eating and Drinking Establishments	L(12)
7. Pumpkin Sales	L(16)
8. Retail Sales, Outdoor	L(16)
9. Street Fairs	L(16)

LAND USE	LAND USE	USE REGULATIONS
10. Swap Meets, Non-Recurring		L(16)
11. Swap Meets, Recurring		L(16)
12. Vendor-Carts		L(17)
	USE REGULATIONS
L(1)	Repealed by Ord. 2248.
L(2)	Conditionally permitted on the ground foor of a completely enclosed multistory building; otherwise not permitted.
L(3)	Permitted on the ground foor of a multistory building; otherwise not permitted.
L(4)	Permitted on the ground foor of a multistory building; conditionally permitted on the foors above the ground foor of a multistory building. In approving a Conditional Use Permit, the Planning Commission shall fnd that the proposed use is compatible with residential uses in the same building, and will not negatively impact existing or future residential uses in the same building or surrounding area with respect to noise, odor, trafc, privacy, or other factors.
L(5)	Permitted on the ground foor of a multistory building subject to review and approval of the Design Review Authority pursuant to Part IV, Article 12, Design Review, as an accessory use associated with Food and Beverage Sales or an Eating and/or Drinking Establishment, and subject to the provisions of Section 10-2.3.123,Ofsite Distribution for Eating and Drinking Establishments and Specialty Food Shops; otherwise not permitted. In granting design review approval, the Design Review Authority shall fnd that: a. The ventilation equipment has been designed and located to mitigate the impact of objectionable noise and odor on existing and future residential uses in the surrounding area; b. The garbage collection facilities have been designed and located to mitigate the impact of objectionable noise and odor on existing and future residential uses in the surrounding area, including that resulting from garbage pickup.

USE REGULATIONS

USE REGULATIONS
L(6)	Permitted on the ground foor of a multistory building subject to review and approval of the Design Review Authority pursuant to Part IV, Article 12, Design Review; otherwise not permitted. In granting design review approval, the Design Review Authority shall fnd that: a. The ventilation equipment has been designed and located to mitigate the impact of objectionable noise and odor on existing and future residential uses in the surrounding area; b. The garbage collection facilities have been designed and located to mitigate the impact of objectionable noise and odor on existing and future residential uses in the surrounding area, including that resulting from garbage pickup.
L(7)	Permitted upon approval of an Administrative Use Permit pursuant to Part III, Article 12, Alcoholic Beverage Sales.
L(8)	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(9)	Permitted on the ground foor of a multistory building except that facilities which include the sale of alcoholic beverages (including beer and wine) or tobacco products are conditionally permitted; otherwise not permitted. In approving a Conditional Use Permit, the Planning Commission shall fnd that: a) The proposed use will not cause adverse noise, odor, and litter impacts. b) The proposed use (including hours of operation) will be compatible with existing or future residential uses in the surrounding area.
L(10)	Permitted in a Convenience Zone (as defned by Section 10-2.1.303,Defnitions) subject to the approval of the Community Development Director.
L(11)	Permitted if the occupants of the facility meet the defnition of handicapped under the Fair Housing Act, otherwise not permitted. Parking, as required in Part III, Article 2, Of-Street Parking and Loading Regulations, shall be provided. The development regulations (other than parking) for a residential care facility shall be the same as is required for Residential Use Classifcations by Section 10-2.2.2203.

USE REGULATIONS

USE REGULATIONS
L(12)	Electrical substations, above-ground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classifcation are not permitted.
L(13)	Accessory structures are permitted subject to Section 10-2.2.2203,Property Development Regulations.
L(14)	See the use regulations for the primary use classifcation.
L(15)	Home Occupations are permitted subject to the approval of a Home Occupation Permit pursuant to Section 10-2.3.107,Home Occupations.
L(16)	Permitted subject to the approval of a Temporary Activity Permit pursuant to Section 10- 2.3.118,Temporary Activity Permits.
L(17)	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(18)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(19)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classifcation under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).
L(20)	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(21)	Permitted by right when meeting the requirements of Section 65662 of the California Government Code.

	ADDITIONAL USE REGULATIONS
(A)	See Section 10-2.3.103,Accessory Structures.
(B)	See Section 10-2.3.107,Home Occupations.
(C)	See Section 10-2.3.108,Animals.
(D)	See Part III, Article 9, Inclusionary Housing.
(E)	See Part III, Article 10, Density Bonus Ordinance.
(F)	See Part III, Article 6, Child Day Care Facilities.
(G)	Consistent with the General Plan, residential uses must be the primary use.
(H)	See Section 10-2.3.121,Regulations for Outdoor Sales, Service, Display.
(I)	See Municipal Code, Title 4,Chapter 11, Public Dance Permits.
(J)	See Section 10-2.3.123,Ofsite Distribution for Eating and Drinking Establishments and Specialty Food Shops.
(K)	See Part III, Article 2, Of-Street Parking and Loading Regulations.
(L)	See Part III, Article 7, Recycling Facilities.
(M)	See Section 10-2.3.107,Home Occupations.
(N)	See Part III, Article 14, Personal and Commercial Cannabis Activities.
(O)	See Part III, Article 5, Accessory Dwelling Units.

	ADDITIONAL USE REGULATIONS
(P)	See Part III, Article 16, Objective Standards for Emergency Shelters and Navigation Centers.

(§7, Ord. 2158, eff. 11/18/16; §7, Ord. 2161, eff. 1/19/17; §§7(1), (45)—(47), Ord. 2183, eff. 9/8/18; §3, Ord. 2188, eff. 3/8/19; §18, Ord. 2210, eff. 10/22/21; §5(1), Ord. 2216, eff. 7/2/22; §4, Ord. 2239, eff. 7/5/24; §3(20), Ord. 2243, eff. 9/7/24; §3(2), Ord. 2248, eff. 2/21/25)

10-2.2.2203 Property Development Regulations. ¶

The following schedule prescribes development regulations for the Residential Mixed Use 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 Regulations column is blank, the development regulation is then outlined in the "Additional Regulations" footnote.

idential Mixed Use 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 Regulations column is blank, the development regulation is then outlined in the "Additional Regulations" footnote.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	10,000 sq. ft.
B. Minimum Lot Width	80 feet
C. Minimum Lot Frontage	80 feet
D. Minimum Lot Depth	100 feet	D(1)
E. Minimum Setbacks		D(2) D(3)
1. Front		D(4)
2. Side		D(5)
3. Corner Side		D(4)
4. Rear		D(5)

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
F. Maximum Height		D(6)
G. Density	1 dwelling unit per 425 sq. ft. of net lot area
H. Maximum Lot Coverage	NA
I. Maximum Floor Area Ratio		D(7)
J. Minimum Ground Floor Height		D(8)
K. Minimum Ground Floor Depth		D(9)
L. Courts	See Section 10-2.3.127.
M. Design Review	See Section 10‑2.4.1202.	D(10)
N. Landscaping	See Part III, Article 11.	D(11)
O. Storage Space for Residential Units		D(12)
P. Fences and Walls	See Section 10-2.3.104.
Q. Antennas	See Section 10-2.3.120.
R. Non-Conforming Conditions	See Part III, Article 3.
S. Elevators	See Section 10-2.3.124.
T. Recycling Facilities	See Part III, Article 7.

CLASSIFICATION	CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
U. Parking and Loading		See Part III, Article 2.	D(13) D(14)
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.
	ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	Any existing lot having a depth of less than 100 feet may be developed pursuant to all provisions of this chapter.
D(2)	See Section 10-2.3.106,Exclusion of Rights-of-Way.
D(3)	Refer to the Zoning Map for Future Street Line Setbacks.

	ADDITIONAL DEVELOPMENT REGULATIONS
D(4)	Minimum front and corner side setbacks shall be provided as follows: a) For the portions of a building located within forty (40) vertical feet of the base elevation, the greater of the following: 1) On Core Area Retail Streets, a setback sufcient to provide a minimum ffteen (15)-foot- wide public sidewalk area (as measured from the vertical face of curb of the adjacent street) with a minimum ten (10)-foot wide unobstructed pedestrian path of travel; 2) On other than Core Area Retail Streets, a setback sufcient to provide a minimum ten (10)-foot wide public sidewalk area (as measured from the vertical face of curb of the adjacent street) with a minimum seven (7)-foot wide unobstructed pedestrian path of travel; 3) As specifed by the General Plan or an applicable Specifc Plan. b) For the upper portions of a building located more than forty (40) vertical feet from the base elevation, fve (5) feet more than what is required in subsection (a) above.
D(5)	None required except as follows: a) For any side or rear yard that abuts a residential district, except where a larger setback is required pursuant to subsection (b) below: 1) For the portions of a building located within thirty (30) vertical feet of the existing or fnished grade (whichever is lower) at the adjacent lot line: ten (10) feet. 2) For the portions of a building located more than thirty (30) vertical feet in height from the existing or fnished grade (whichever is lower) at the adjacent lot line: ffteen (15) feet. b) For portions of buildings containing uses described in Section 10-2.1.403(A), Residential Use Classifcations: See Section 10-2.3.127,Courts.
D(6)	Within the plan area boundaries of the North Downtown Specifc Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefts) of the North Downtown Specifc Plan. Where identifed in Figure 4.3, the Planning Commission or City Council may permit additional building height upon approval of a community beneft agreement pursuant to Part IV, Article 17, Community Beneft Agreements. Outside of the plan area boundaries of the North Downtown Specifc Plan: Refer to the Zoning Map.
D(7)	Within the plan area boundaries of the North Downtown Specifc Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with

	ADDITIONAL DEVELOPMENT REGULATIONS
	Provision of Community Benefts) of the North Downtown Specifc Plan. Where identifed in Figure 4.3, the Planning Commission or City Council may permit additional FAR upon approval of a community beneft agreement pursuant to Part IV, Article 17, Community Beneft Agreements. Outside of the plan area boundaries of the North Downtown Specifc Plan: The maximum foor area ratio shall be as specifed in Chapter 4, Figure 8 (Core Area Commercial Floor Area Ratios) and Figure 9 (Mixed Use Floor Area Ratios) of the General Plan, or in an applicable specifc plan. Notwithstanding the foregoing, the foor area ratio shall not exceed 1.0 on properties with a net lot area less than ten thousand (10,000) square feet.
D(8)	The ground foor height, as measured from the surface of the ground foor to the surface of the foor directly above it, shall be a minimum of 18 feet for all uses other than those described in Section 10-2.1.403(A), Residential Use Classifcations; otherwise 12 feet.
D(9)	The minimum depth of all ground foor tenant spaces abutting the street for all uses other than those described in Section 10-2.1.403(A), Residential Use Classifcations, shall be the lesser of the following: a) Fifty feet; or b) Ten feet less than the lot depth This requirement shall not apply to uses described in Section 10-2.1.403(A), Residential Use Classifcations.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
	Notwithstanding the foregoing, the Design Review Commission may allow exceptions to the dimensional standards and overlap restrictions for yards and courts which are specifed above. In granting Design Review approval, the Design Review Commission shall fnd that the interior(s) of the dwelling unit(s) will be provided with visual access to open sky, access to direct or indirect sunlight, and visual privacy, all equal to or better than what would otherwise be provided through compliance with the standard requirements.
D(10)	For new buildings or additions which include ground foor area intended uses other than those described in Section 10-2.1.403(A), Residential Use Classifcations, in granting design review approval the Design Review Authority pursuant to Part IV, Article 12, Design Review, shall fnd that adequate ventilation features (such as internal vertical chases to the roof) are provided in order to accommodate restaurants and other similar uses in the future.
D(11)	A minimum of ten percent (10%) of the overall project site shall be landscaped. Front and corner side landscaping requirements count toward the minimum site landscape area

	ADDITIONAL DEVELOPMENT REGULATIONS
	requirement. Landscaped areas shall consist of at least ffty 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 fve (5) feet, the corresponding yards shall be landscaped as follows: i. For ground-foor commercial uses, a minimum of ten percent (10%) of the yard shall be landscaped. ii. For all other ground foor uses, a minimum of thirty percent (30%) of the yard shall be landscaped. See also Private Residential Outdoor Space in Section 10-2.3.126.
D(12)	Each residential unit shall have at least two hundred (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 (2) or more locations.
D(13)	Parking spaces for uses described in Section 10-2.1.403(A), Residential Use Classifcations, shall be separated from parking spaces for all other uses in a manner approved by the Transportation Administrator by means of signs, gates, barriers, and/or markings.
D(14)	No surface, ground level, or above ground parking spaces shall be located within twenty (20) feet of a street line or within ffty (50) feet of a street line for a Core Area Retail Street.

(§7, Ord. 2158, eff. 11/18/16; §8, Ord. 2161, eff. 1/19/17; §13, Ord. 2200, eff. 12/6/19; §11, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

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The Walnut Creek Municipal Code is current through Ordinance 2251, passed August 16, 2025.

Disclaimer: The City Clerk's Office has the official version of the Walnut Creek

10-2.2.2301

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