Article 23 — Downtown Mixed Use District (MU-D) — Walnut Creek Zoning Code

10-2.2.2301 Purpose and Intent. ¶

The purpose of the Downtown Mixed Use District is to encourage the development of a combination of mediumto high-intensity commercial and residential uses within the Core Area. Development in the Downtown Mixed Use District is intended to be pedestrian oriented, generally close to the street, and vertical in nature, typically with structured parking. Residential, commercial, and community uses are appropriate, either alone or in mixed use developments. Restaurant, retail, and personal service uses are encouraged where feasible on the ground floor, but are not required except along Core Area retail streets. (§10, Ord. 2194, eff. 6/7/19)

10-2.2.2302 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
2. Congregate Living Facility	L(1)

ADDITIONAL USE REGULATIONS REGULATIONS

LAND USE

3. Family Day Care Home

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
3. Family Day Care Home
a. Small Family Day Care Home	P	(F)
b. Large Family Day Care Home	P	(F)
4. Group Residential	L(1)
5. Multiple Family Residential	L(1)
6. Residential Care Home	L(1)
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	(M)
b. Junior Accessory Dwelling Unit
8. Single Family Residential
9. Supportive Housing	L(18), L(19)
10. Transitional Housing	L(18)
B. Commercial Use Classifcations		(G)
1. Ambulance Services
2. Animal Sales and Services
LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
---	---	---
a. Animal Hospital/Veterinary Services	L(3)
b. Animal: Retail Sales and Grooming	P
c. Horse Stables
d. Kennels	L(3)
3. Artist Studios	P
4. Banks and Savings and Loans
a. Banks and Savings and Loans	P
(1) With Drive-up Services
(2) With Automated Teller Machines	P
5. Catering Services	L(4)
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
---	---	---
(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(1)
8. Custom Manufacturing	L(1)
9. Eating and/or Drinking Establishments
a. Eating and/or Drinking Establishments	L(5)
(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.
(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.
(5) With Live Entertainment
LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
---	---	---
(6) With Dancing
(7) With Take-out Services	L(5)
(a) Drive-up
(8) With Permanent Outdoor Seating	L(7)
(9) With Of-site Distribution	U	(I)
(a) Micro-breweries	U	(I)
10. Food and Beverage Sales
a. Food and Beverage Sales	L(8)
b. Convenience Markets	L(8)
(1) With Gasoline Sales
c. Specialty Food Shops	L(8)
(1) With Of-site Distribution	U	(I)
11. Funeral and Interment Services
12. Health Clubs	U
13. Home Improvement Sales and Services	L(3)
LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
---	---	---
14. Horticultural Establishments
15. Lumber and Building Material Yards
16. Maintenance and Repair Services/Small Equipment	P
17. Mini Storage
18. Nurseries
19. Ofces, Business and Professional
a. Ofces, Business and Professional	L(1)
(1) Ofces, Medical	L(1)
20. Parking, Commercial Facilities	U	(J)
21. Pawn Shops	P
22. Personal Improvement Services	L(9)
23. Personal Services	P
24. Recreation and Entertainment, Commercial
a. Within a Building	U
b. Outdoor Facilities
LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
---	---	---
25. Research and Development Services
26. Retail Sales/Rentals	L(8)
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	L(1)
LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
---	---	---
b. Hotels	P
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
1. Adult Day Care Facilities	L(1)
2. Child Day Care Facilities (Day Care Center)	L(1)	(F)
3. Clubs and Lodges	L(1)
4. Colleges, Public or Private	L(1)

ADDITIONAL USE REGULATIONS REGULATIONS

LAND USE

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS

5. Cultural Institutions
a. Cultural Institutions	P
b. Natural History/Science Museums	P
6. Emergency Medical Care/No Inpatient
7. Government Ofces	L(1)
8. Hazardous Waste Management Facilities
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters	U	(N)
12. Low Barrier Navigation Center	L(20)	(N)
13. Maintenance and Service Facilities
14. Park and Recreation Facilities	L(9)
15. Public Parking Facilities	P
LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
---	---	---
16. Public Safety Facilities	P
17. Public Transit Terminals
18. Recycling Facilities
a. Collection Facilities
(1) Reverse Vending Machine Facilities	L(10)	(K)
(2) Small Collection Facilities	L(10)	(K)
(3) Large Collection Facilities
b. Processing Facilities
19. Religious Assembly	L(9)
20. Residential Care Facilities	L(1)
21. Schools, Public or Private	L(1)
22. Skilled Nursing Facilities	L(1)
23. Utilities, Major	L(11)
24. Utilities, Minor	P
F. Accessory Uses
LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
---	---	---
1. Accessory Living Quarters
2. Accessory Structure	L(12)
3. Accessory Use	L(13)
a. Garage Sales
b. Home Occupations	L(14)	(B)
c. Personal Cannabis Cultivation	L(15)	(L)
G. Temporary Uses		(G)
1. Arts and Crafts Shows, Outdoor	L(16)
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(7)
7. Pumpkin Sales	L(16)
8. Retail Sales, Outdoor	L(16)
LAND USE	LAND USE	USE REGULATIONS
---	---	---
9. Street Fairs		L(16)
10. Swap Meets, Non-Recurring		L(16)
11. Swap Meets, Recurring		L(16)
12. Vendor-Carts		L(17)
	USE REGULATIONS
L(1)	Permitted on foors above the ground foor of a multistory building; permitted on the ground foor of a multistory building when located more than ffty (50) feet from the street line of a Core Area retail street; otherwise not permitted. Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within ffty (50) feet of a Core Area retail street when not occupying more than ten percent (10%) of the gross foor area of the ground foor, nor more than ten percent (10%) of the ground foor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than ffteen (15) feet in width.
L(2)	Repealed by Ord. 2248.
L(3)	Permitted on foors above the ground foor of a completely enclosed multistory building; permitted on the ground foor of a completely enclosed multistory building when located more than ffty (50) feet from the street line of a Core Area retail street; otherwise not permitted. Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within ffty (50) feet of a Core Area retail street when not occupying more than ten percent (10%) of the gross foor area of the ground foor, nor more than ten percent (10%) of the ground foor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than ffteen (15) feet in width.
L(4)	Permitted 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
	USE REGULATIONS
---	---
	Distribution for Eating and Drinking Establishments and Specialty Food Shops. Otherwise not permitted.
L(5)	Permitted subject to review and approval of the Design Review Authority pursuant to Part IV, Article 12, Design Review. 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 odor on existing and future residential uses in the surrounding area, including that resulting from garbage pickup.
L(6)	Permitted upon approval of an Administrative Use Permit pursuant to Part III, Article 12, Alcoholic Beverage Sales.
L(7)	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(8)	Facilities which include the sale of alcoholic beverages (including beer and wine) or tobacco products are conditionally permitted; otherwise permitted. In approving the 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 and future residential uses in the surrounding area.
L(9)	Permitted on foors above the ground foor of a multistory building; permitted on the ground foor of a multistory building when located more than ffty (50) feet from the street line of a Core Area retail street; otherwise conditionally permitted. In approving a Conditional Use Permit, the Planning Commission shall fnd that: a) The proposed use is compatible with active pedestrian activity on the adjacent public right-of-way; b) The proposed use is compatible with retail uses.

USE REGULATIONS

USE REGULATIONS	USE REGULATIONS
	Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within ffty (50) feet of a Core Area retail street when not occupying more than ten percent (10%) of the gross foor area of the ground foor, nor more than ten percent (10%) of the ground foor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than ffteen (15) feet in width.
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)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classifcation are not permitted.
L(12)	Accessory structures are permitted subject to Section 10-2.2.2103,Property Development Regulations.
L(13)	See the use regulations for the primary use classifcation.
L(14)	Home occupations are permitted subject to the approval of a Home Occupation Permit pursuant to Section 10-2.3.107,Home Occupations.
L(15)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
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)	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.).
	USE REGULATIONS
---	---
L(19)	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(20)	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)	See Section 10-2.3.121,Regulations for Outdoor Sales, Service, Display.
(H)	See Title 4,Chapter 11, Public Dance Permits.
(I)	See Section 10-2.3.123, Ofsite Distribution for Eating and Drinking Establishments and Specialty Food Shops.
(J)	See Part III, Article 2, Of-Street Parking and Loading Regulations.
(K)	See Part III, Article 7, Recycling Facilities.
	ADDITIONAL USE REGULATIONS
---	---
(L)	See Part III, Article 14, Personal and Commercial Cannabis Activities Ordinance.
(M)	See Part III, Article 5. Accessory Dwelling Units.
(N)	See Part III, Article 16, Objective Standards for Emergency Shelters and Navigation Centers.

(§10, Ord. 2194, eff. 6/7/19; §19, Ord. 2210, eff. 10/22/21; §4, Ord. 2239, eff. 7/5/24; §3(21), Ord. 2243, eff. 9/7/24; §3(2), Ord. 2248, eff. 2/21/25)

10-2.2.2303 Property Development Regulations. ¶

The following schedule prescribes development regulations for the Downtown 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 regulation column is blank, the development regulation is then outlined in the "Additional Regulation" footnote.

e Downtown 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 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.
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)
CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
---	---	---
3. Corner Side		D(4)
4. Rear		D(5)
F. Maximum Height		D(6)
G. Density		D(7)
H. Maximum Lot Coverage	NA
I. Maximum Floor Area Ratio		D(8)
J. Minimum Floor Area Ratio	1.0
K. Minimum Ground Floor Height		D(9)
L. Minimum Ground Floor Depth		D(10)
M. Courts
N. Design Review	See Section 10‑2.4.1202.
O. Landscaping	See Part III, Article 11.	D(11)
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.
CLASSIFICATION	CLASSIFICATION	DEVELOPMENT REGULATIONS
---	---	---
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.
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 one hundred (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.
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
	ADDITIONAL DEVELOPMENT REGULATIONS
---	---
	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 West Downtown Specifc Plan: Refer to the Zoning Map. Notwithstanding the foregoing, approval by the Planning Commission or City Council of a community beneft agreement pursuant to Part IV, Article 17, Community Beneft Agreements, is required for any building with a top elevation greater than sixty-fve (65) feet. Outside of the plan area boundaries of the West Downtown Specifc Plan: Refer to the Zoning Map.
D(7)	The maximum density is one (1) dwelling unit per seven hundred ffty (750) square feet of net lot area. This base density shall be used for purposes of calculating any density bonus pursuant to Part III, Article 10, Density Bonus Ordinance, and Government Code Section 65915. Notwithstanding the foregoing, in areas with a maximum foor area ratio of not more than 2.5, the Planning Commission or City Council may permit a density up to one (1) dwelling unit per fve hundred (500) square feet of net lot area upon approval of a community beneft agreement pursuant to Part IV, Article 17, Community Beneft Agreements. In areas with a maximum foor area ratio in excess of 2.5, the Planning Commission or City Council may permit a density up to one (1) dwelling unit per three hundred seventy-fve (375) square feet of net lot area upon approval of a community beneft agreement pursuant to Part IV, Article 17, Community Beneft Agreements.

ADDITIONAL DEVELOPMENT REGULATIONS

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	ADDITIONAL DEVELOPMENT REGULATIONS
D(8)	In areas with a maximum height limit of up to ffty (50) feet, except on the west side of Oakland Boulevard: Maximum FAR is 1.5. Notwithstanding the foregoing, the Planning Commission or City Council may permit a FAR up to 2.5 upon approval of a community beneft agreement pursuant to Part IV, Article 17, Community Beneft Agreements. In areas with a maximum height limit greater than ffty (50) feet, or on the west side of Oakland Boulevard: 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 beneft agreement pursuant to Part IV, Article 17, Community Beneft Agreements.
D(9)	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 eighteen (18) feet for portions of buildings within ffty (50) feet of a Core Area retail street, and a minimum of twelve (12) feet elsewhere.
D(10)	The minimum depth of all ground foor tenant spaces abutting the street on a Core Area retail 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 foors of a building or the portions of the ground foor located more than ffty (50) feet away from the street line.
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 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.
	ADDITIONAL DEVELOPMENT REGULATIONS
---	---
D(12)	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 by means of signs, gates, barriers, and/or markings.
D(13)	No surface, ground level, or aboveground 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.

(§10, Ord. 2194, eff. 6/7/19; §12, 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

10-2.3.101

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