38 - RHEEM PARK MIXED COMMERCIAL RESIDENTIAL DISTRICT RMCR
The purpose of this district is to provide for commercial development, medium and high-density residential development, and mixed use commercial and residential development. This district envisions a flexible mix of land uses including commercial, retail, services, and residential in a walkable, pedestrian-oriented commercial environment, with active ground-floor uses to enhance the pedestrian experience.
(Ord. No. 307, § (Exh. B, 1), 2-22-2023)
In this district, each of the following uses is permitted by right:
A.
Residential uses at densities allowed in Section 8.38.040 of this chapter;
B.
Mixed use projects combining residential uses at densities allowed in Section 8.38.040 of this chapter with other permitted uses;
C.
Home occupations in conformance with Chapter 8.112;
D.
Congregate care housing;
E.
Child day care center (nursery school, preschool, childcare, and family day care home); and
F.
The following office, commercial, and retail uses:
1.
Animal services—grooming only;
2.
Antique, collectible stores;
3.
Assembly or meeting facility less than ten thousand (10,000) square feet;
4.
Banks and financial services;
5.
Building materials sales and services; indoor;
6.
Business support services;
7.
Cultural institutions less than ten thousand (10,000) square feet;
8.
Eating and drinking establishments except bar, nightclub, lounge, or restaurants with drive-in service;
9.
Fitness facility, health club less than ten thousand (10,000) square feet;
10.
Food, beverage sales, except liquor store;
11.
Government offices;
12.
Hotel;
13.
Indoor entertainment facility less than ten thousand (10,000) square feet with no alcohol sales
14.
Licensed massage establishments;
15.
Media production facility;
16.
Medical—medical services facility or urgent care facility only;
17.
Offices;
18.
Outdoor retail sales;
19.
Personal services, general;
20.
Personal services, improvement or instructional;
21.
Professional services;
22.
Retail business;
23.
Schools—colleges, universities only; and
24.
Theater, auditorium.
G.
Public/quasi-public and recreational uses—park and outdoor recreational facilities;
H.
Low-barrier navigation centers;
I.
Co-housing and the accessory structures and uses normally auxiliary to the structure;
J.
Live-work housing;
K.
Residential care facilities with six persons or fewer, employee housing with six persons or fewer, and group homes not requiring licensing by the State of California;
L.
Supportive housing and transitional housing of the same type allowed in this district; and
M.
Other uses found by the planning commission at a public hearing to be consistent with the purpose of the district and comparable to any of the foregoing uses.
(Ord. No. 307, § (Exh. B, 1), 2-22-2023; Ord. No. 316, § 4, 6-25-2025)
In this district, each of the following uses is permitted on the issuance of a conditional use permit:
A.
Mixed use project combining residential use with other conditionally permitted uses;
B.
Animal services;
C.
Assembly or meeting facilities ten thousand (10,000) square feet or greater;
D.
Banquet hall;
E.
Building materials sales and service, outdoor;
F.
Contractors, special trade;
G.
Convenience store;
H.
Cultural institutions ten thousand (10,000) square feet or greater;
I.
Eating and drinking establishments—bar, night club, lounge or restaurant with drive-in service;
J.
Food, beverage sales—liquor store;
K.
Fitness facility, health club ten thousand (10,000) square feet or greater;
L.
Indoor entertainment facility ten thousand (10,000) square feet or greater, or sale of alcohol allowed;
M.
Licensed residential care facilities with seven or more occupants, other than congregate care housing;
N.
Live entertainment venue;
O.
Meeting halls for clubs, lodges, and other membership organizations;
P.
Personal services, other;
Q.
Religious facility;
R.
Retail business—nursery, garden center;
S.
Restaurant with live entertainment;
T.
Schools—trade schools, vocational training only;
U.
Secondhand sales;
V.
Theatre, auditorium;
W.
Utility facility, transmission towers; and
X.
A use which the planning commission finds at a public hearing to be comparable to any of the foregoing uses.
(Ord. No. 307, § (Exh. B, 1), 2-22-2023; Ord. No. 316, § 4, 6-25-2025)
To the extent consistent with state law, the developer/property owner may choose to develop property in this district at a minimum of twelve (12) dwelling units but not more than twenty-four (24) dwelling units on any one acre.
(Ord. No. 307, § (Exh. B, 1), 2-22-2023)
A.
Development Standards. All development shall conform to the limits identified in the table below, to the extent consistent with state law:
1.
Proposed developments fronting onto or abutting against a major scenic corridor as defined in Chapter 8.132 (Scenic Corridors) shall be subject to requirements for building orientation and setbacks and set forth in Scenic Corridor Guidelines, or when applicable separate design standards.
2.
Attached townhomes meeting all other standards are exempt from this requirement.
3.
Total amount of required private open space may be provided as any combination of shared common private area (accessible to all building residents) and personal private area (accessible only to individual dwelling units). Any common or personal private area must be a minimum of fifty (50) square feet with a minimum dimension of five feet in each direction.
B.
First Floor Requirement. All first-floor areas fronting onto Center Street or Park Street must be:
1.
A retail business use, eating/drinking establishment, specialty food shop, personal service (general or improvement/instructional), or professional service use; or
2.
The portion of a residential use providing active use amenities, such as a workout room or gym, a building lobby or a lounge; or
3.
Another use found by the planning commission to provide the sense of activity referenced in this standard.
These first floor uses required along Center Street and Park Street are allowed but not required along Moraga Road, Rheem Boulevard, and other new or existing streets in the RMCR District.
(Ord. No. 307, § (Exh. B, 1), 2-22-2023; Ord. No. 316, § 5, 6-25-2025)
38 - RHEEM PARK MIXED COMMERCIAL RESIDENTIAL DISTRICT RMCR
The purpose of this district is to provide for commercial development, medium and high-density residential development, and mixed use commercial and residential development. This district envisions a flexible mix of land uses including commercial, retail, services, and residential in a walkable, pedestrian-oriented commercial environment, with active ground-floor uses to enhance the pedestrian experience.
(Ord. No. 307, § (Exh. B, 1), 2-22-2023)
In this district, each of the following uses is permitted by right:
A.
Residential uses at densities allowed in Section 8.38.040 of this chapter;
B.
Mixed use projects combining residential uses at densities allowed in Section 8.38.040 of this chapter with other permitted uses;
C.
Home occupations in conformance with Chapter 8.112;
D.
Congregate care housing;
E.
Child day care center (nursery school, preschool, childcare, and family day care home); and
F.
The following office, commercial, and retail uses:
1.
Animal services—grooming only;
2.
Antique, collectible stores;
3.
Assembly or meeting facility less than ten thousand (10,000) square feet;
4.
Banks and financial services;
5.
Building materials sales and services; indoor;
6.
Business support services;
7.
Cultural institutions less than ten thousand (10,000) square feet;
8.
Eating and drinking establishments except bar, nightclub, lounge, or restaurants with drive-in service;
9.
Fitness facility, health club less than ten thousand (10,000) square feet;
10.
Food, beverage sales, except liquor store;
11.
Government offices;
12.
Hotel;
13.
Indoor entertainment facility less than ten thousand (10,000) square feet with no alcohol sales
14.
Licensed massage establishments;
15.
Media production facility;
16.
Medical—medical services facility or urgent care facility only;
17.
Offices;
18.
Outdoor retail sales;
19.
Personal services, general;
20.
Personal services, improvement or instructional;
21.
Professional services;
22.
Retail business;
23.
Schools—colleges, universities only; and
24.
Theater, auditorium.
G.
Public/quasi-public and recreational uses—park and outdoor recreational facilities;
H.
Low-barrier navigation centers;
I.
Co-housing and the accessory structures and uses normally auxiliary to the structure;
J.
Live-work housing;
K.
Residential care facilities with six persons or fewer, employee housing with six persons or fewer, and group homes not requiring licensing by the State of California;
L.
Supportive housing and transitional housing of the same type allowed in this district; and
M.
Other uses found by the planning commission at a public hearing to be consistent with the purpose of the district and comparable to any of the foregoing uses.
(Ord. No. 307, § (Exh. B, 1), 2-22-2023; Ord. No. 316, § 4, 6-25-2025)
In this district, each of the following uses is permitted on the issuance of a conditional use permit:
A.
Mixed use project combining residential use with other conditionally permitted uses;
B.
Animal services;
C.
Assembly or meeting facilities ten thousand (10,000) square feet or greater;
D.
Banquet hall;
E.
Building materials sales and service, outdoor;
F.
Contractors, special trade;
G.
Convenience store;
H.
Cultural institutions ten thousand (10,000) square feet or greater;
I.
Eating and drinking establishments—bar, night club, lounge or restaurant with drive-in service;
J.
Food, beverage sales—liquor store;
K.
Fitness facility, health club ten thousand (10,000) square feet or greater;
L.
Indoor entertainment facility ten thousand (10,000) square feet or greater, or sale of alcohol allowed;
M.
Licensed residential care facilities with seven or more occupants, other than congregate care housing;
N.
Live entertainment venue;
O.
Meeting halls for clubs, lodges, and other membership organizations;
P.
Personal services, other;
Q.
Religious facility;
R.
Retail business—nursery, garden center;
S.
Restaurant with live entertainment;
T.
Schools—trade schools, vocational training only;
U.
Secondhand sales;
V.
Theatre, auditorium;
W.
Utility facility, transmission towers; and
X.
A use which the planning commission finds at a public hearing to be comparable to any of the foregoing uses.
(Ord. No. 307, § (Exh. B, 1), 2-22-2023; Ord. No. 316, § 4, 6-25-2025)
To the extent consistent with state law, the developer/property owner may choose to develop property in this district at a minimum of twelve (12) dwelling units but not more than twenty-four (24) dwelling units on any one acre.
(Ord. No. 307, § (Exh. B, 1), 2-22-2023)
A.
Development Standards. All development shall conform to the limits identified in the table below, to the extent consistent with state law:
1.
Proposed developments fronting onto or abutting against a major scenic corridor as defined in Chapter 8.132 (Scenic Corridors) shall be subject to requirements for building orientation and setbacks and set forth in Scenic Corridor Guidelines, or when applicable separate design standards.
2.
Attached townhomes meeting all other standards are exempt from this requirement.
3.
Total amount of required private open space may be provided as any combination of shared common private area (accessible to all building residents) and personal private area (accessible only to individual dwelling units). Any common or personal private area must be a minimum of fifty (50) square feet with a minimum dimension of five feet in each direction.
B.
First Floor Requirement. All first-floor areas fronting onto Center Street or Park Street must be:
1.
A retail business use, eating/drinking establishment, specialty food shop, personal service (general or improvement/instructional), or professional service use; or
2.
The portion of a residential use providing active use amenities, such as a workout room or gym, a building lobby or a lounge; or
3.
Another use found by the planning commission to provide the sense of activity referenced in this standard.
These first floor uses required along Center Street and Park Street are allowed but not required along Moraga Road, Rheem Boulevard, and other new or existing streets in the RMCR District.
(Ord. No. 307, § (Exh. B, 1), 2-22-2023; Ord. No. 316, § 5, 6-25-2025)