Article 1 — Planning Agency

The planning agency of the City of Walnut Creek, created pursuant to Government Code Section 65100 et seq., and conferred with the authority thereunder, shall consist of the following:

• A. City Council;

• B. Planning Commission;

• C. Design Review Commission;

• D. Zoning Administrator;

• E. Community Development Director.

• (§ 3, Ord. 2106, eff. 1/6/2012; § 4, Ord. 2239, eff. 7/5/2024)

The City Council shall review and determine appeals of decisions of the Planning Commission; initiate, hear, and decide proposals for planned development permits and amendments to this chapter; and exercise the powers and duties prescribed by state law and local ordinance. (§ 3, Ord. 2106, eff. 1/6/2012)

The Planning Commission shall:

• A. Hear applications and City Council proposals for amendments to this chapter, initiate studies of amendments to this chapter and make recommendations to the City Council for amendments to this chapter;

• B. Hear and decide applications for conditional use permits and variances in conjunction with a conditional use permit;

• C. Hear and decide applications for design review approval referred to the Planning Commission by the Design Review Commission;

• D. Hear and make recommendations to the City Council concerning hillside planned development (H-P-D) permit applications and planned development (P-D) permit applications;

• E. Hear and decide authorized appeals from decisions or determinations made by the Zoning Administrator and the Community Development Director as enumerated in this chapter;

• F. Hear and decide proposals for the revocation or modification of conditional use permits;

• G. Hear and decide, when applicable, applications for tree removals under Title 3, Chapter 8;

• H. Exercise such other powers and duties as are prescribed by State law or City ordinance or as are

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City of Walnut Creek, CA

ZONING

§ 10-2.4.103

§ 10-2.4.106

assigned by the City Council.

(§ 3, Ord. 2106, eff. 1/6/2012; § 3, Ord. 2134, eff. 11/20/2014; § 4, Ord. 2239, eff. 7/5/2024)

The Design Review Commission shall:

• A. Review and make recommendations to the Planning Commission on major subdivisions, conditional use permits, design review, and P-D and H-P-D zoning;

• B. Exercise such other powers and duties as are prescribed by City ordinance or assigned by the City Council.

• (§ 4, Ord. 2134, eff. 11/20/2014; § 2, Ord. 2153, eff. 7/8/2016; § 4, Ord. 2239, eff. 7/5/2024)

The office of Zoning Administrator is hereby established in and for the City. The Community Development Director shall appoint any member of the Community Development Department as the Zoning Administrator. The City Council may adopt rules and regulations for the transaction of the business, scheduling of meetings, conduct of meetings, and related matters of the Zoning Administrator.

The Zoning Administrator shall:

• A. Hear and decide applications for variances;

• B. Hear and decide applications for minor use permits;

• C. Hear and decide, when applicable, applications for design review approval;

• D. Hear and decide, when applicable, applications for tree removals under Title 3, Chapter 8;

• E. Hear and decide applications under Section 9-2.06 for moving buildings that are placed within the City;

• F. Hear and decide applications for large family day care home permits upon request of an applicant or affected party;

• G. Exercise such other powers and duties as are prescribed by City ordinance or assigned by the City Council;

• H. The Zoning Administrator may determine that, because of the probable controversial nature of any proposal, or because of the significance to the City, the Planning Commission should hear and decide an application, in which case the procedures established in Section 10-2.4.301 et seq. shall be followed.

(§ 4, Ord. 2106, eff. 1/6/2012; § 5, Ord. 2134, eff. 11/20/2014; § 4, Ord. 2239, eff. 7/5/2024)

Except as otherwise provided, the Community Development Director may delegate any of the duties and powers given to them to a designee appointed by the Director. The Director shall:

• A. Serve as the administrative officer of the Community Development Department;

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City of Walnut Creek, CA § 10-2.4.106

WALNUT CREEK CODE

• C. Advise the City Council, Planning Commission, and Design Review Commission;

• D. Conduct investigations and make reports and recommendations on matters relating to planning and land use, zoning, subdivisions, design review, architectural and environmental controls;

• E. Hear and decide, when applicable, applications for design review approval;

• F. Review such other matters as directed.

• (§ 4, Ord. 2106, eff. 1/6/2012; § 6, Ord. 2134, eff. 11/20/2014; § 4, Ord. 2239, eff. 7/5/2024)

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City of Walnut Creek, CA § 10-2.4.201

ZONING

All applications for permits, design review, conditional use permits, variances or other approvals, as required by this article, shall be filed with the Community Development Department upon a form prescribed and furnished by the Community Development Director. The application shall contain a description of the property involved sufficient to identify it precisely, its street address, if any, a statement of all facts upon which the applicant relies if such is required, a statement of or reference to the reasons for the filing of the application, and a specific reference to the law, and section thereof, to which the application pertains. The application shall include a statement indicating whether the proposed project is located on a site which is included on any of the lists specified in Government Code Section 65962.5 relating to hazardous waste. Each application shall be verified by the owner or the owner's authorized agent or lessee of the property involved. (§ 5, Ord. 2106, eff. 1/6/2012; § 4, Ord. 2239, eff. 7/5/2024)

The fee for filing of all applications and appeals listed in this chapter shall be as adopted by resolution of the City Council. For those applications which are not processed with a fixed fee, a Statement of Understanding is required to be submitted with the application indicating that the applicant is filing an initial deposit. If the final costs are more than the deposit, the applicant will be billed for the additional charges. If the final costs are less than the deposit, the unused portion of the deposit will be returned. No part of any fixed fee shall be returnable, even though the application may be withdrawn.

Each application for a reasonable accommodation shall be accompanied by the information required by Section 10-2.4.1602. Each application for a community benefit agreement shall be accompanied by the information required by Section 10-2.4.1703. Any other application required by this article shall be in a form and manner on file with the Community Development Department, and accompanied by copies in a quantity as required by the Community Development Director of site plans, diagrams or other drawings, photographs or other pictorial presentation as may be necessary. Site plans shall be drawn to scale of an adequate size and shall indicate clearly and with full dimensions the following data where applicable:

• A. Exterior boundary lines of the property indicating easements, dimensions and lot size.

• B. All adjacent streets or rights-of-way, including bicycle, equestrian and hiking trails.

• C. Location, elevations, size, height, dimensions, materials, colors, and proposed use of all buildings and structures (including walls, fences, signs, lighting and hooding devices) existing and intended to remain on the site.

• D. Distances between all structures and between all property lines or easements and structures.

• E. Any nearby buildings which are relevant to this application.

• F. All existing trees (as defined in Section 3-8.02) on the site, giving type and location and any other significant plant material, with a notation as to those that are to be retained and those that are to be removed.

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City of Walnut Creek, CA § 10-2.4.203

WALNUT CREEK CODE

• H. Location, number of spaces, and dimensions of off-street parking spaces, loading docks, and maneuvering areas; indicate internal circulation.

• I. Pedestrian, vehicular and service points of ingress and egress; driveway widths, and distances between driveways.

• J. Proposed landscaping; include quantity, location, varieties and container size.

• K. Proposed grading plan (for sites having over five (5) foot grade differential), showing existing and proposed contours, and the direction and path of drainage on, through and off the site; indicate any proposed drainage channels or facilities.

• L. Required and existing street dedications and improvements such as sidewalks, curbing and pavement. Indicate widths, radii of curves, street grades and whether streets are public or private.

• M. Other such data as may be required to permit the Planning Commission, the Zoning Administrator, or the Community Development Director to make the required findings for approval of the specific type of application and to permit an environmental review of the application.

• N. Scale shown as "Scale: 1 inch = ____ feet" and north arrow.

• O. Vicinity map indicating nearby cross streets in relation to site (need not be to scale). (§ 5, Ord. 2131, eff. 7/18/2014; § 13, Ord. 2209, eff. 3/19/2021; § 4, Ord. 2239, eff. 7/5/2024)

Within thirty (30) days of receipt of an application, the Community Development Director shall review the application, determine whether the application is complete and send a written notice of such determination to the applicant. If the Community Development Director determines that the application is incomplete, the notice of determination shall specify the information necessary to make the application complete. Within thirty (30) days of receipt of additional submitted materials, the Community Development Director shall determine whether the application is then complete and send a written notice of such determination to the applicant. If following this additional submittal the Community Development Director has determined that the application is not complete, the applicant may appeal that determination to the Planning Commission by filing a written notice of appeal with the Community Development Director. The notice of appeal shall be filed within ten (10) days following the receipt of the written determination by the applicant. The Planning Commission shall issue a written determination on the appeal within sixty (60) days after receipt of the notice of appeal. The decision of the Planning Commission shall be final and shall not be appealable. Nothing in this section precludes an applicant and the City from mutually agreeing to an extension of any time limit provided by this section.

(§ 18, Ord. 2209, eff. 3/19/2021; § 4, Ord. 2239, eff. 7/5/2024)

Upon receipt of a complete application, the Community Development Director shall determine whether the project is subject to the California Environmental Quality Act (CEQA), or if an exemption is supported thereunder. If the project is subject to CEQA and an exemption is not supported, the

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City of Walnut Creek, CA § 10-2.4.205

ZONING

§ 10-2.4.206

Community Development Director shall cause an environmental review of the project to be conducted in accordance with CEQA and the CEQA Guidelines adopted by the City. The applicant shall submit a fee in advance in an amount which will cover the cost of conducting the environmental review. (§ 4, Ord. 2239, eff. 7/5/2024)

Upon determining that an application is complete and completion of any required environmental review, the Community Development Director shall schedule the application to be heard by the appropriate body, if a hearing is required.

(§ 18, Ord. 2209, eff. 3/19/2021; § 4, Ord. 2239, eff. 7/5/2024)

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City of Walnut Creek, CA § 10-2.4.301

ZONING

The consideration of a proposal or application for, or an appeal concerning, any matter legally requiring a public hearing shall be conducted as a public hearing, including, but not limited to, a zoning amendment, variance, conditional use permit, special use permit, minor use permit, planned development (P-D) permit, hillside planned development (H-P-D) permit, certain design review approvals as required under Part IV, Article 12, Design Review , or community benefit agreement. (§ 14, Ord. 2209, eff. 3/19/2021; § 4, Ord. 2239, eff. 7/5/2024)

The Community Development Director shall give notice of public hearings by the Planning Commission or the Zoning Administrator, and the City Clerk shall give notice of public hearings by the City Council. Notice shall be given in all of the following ways. Where notice requirements for specific actions are also governed by State law (e.g., General Plan amendments (Government Code Sections 65353, 65354.5 and 65355); zoning ordinance amendments (Government Code Sections 65854 and 65856); variances, use permits, permit revocations and modifications (Government Code Section 65905); adoption, amendment and cancellation of development agreements (Government Code Sections 65867 and 65868)), the notice given shall be consistent with State law.

• A. At least ten (10) days prior to a public hearing by the City Council on an application or proposal for any zoning amendment or a public hearing by the Planning Commission on an application or proposal for a zoning amendment which does not affect the permitted use of property, notice of the public hearing shall be published once in a newspaper of general circulation within the City.

• B. At least ten (10) days prior to a public hearing on an application for, or an appeal concerning, a variance, conditional use permit, special use permit, minor use permit, planned development permit, hillside planned development permit, certain design review approvals, community benefit agreement, or any other public hearing required by law and not specifically provided for in this section, or a public hearing by the Planning Commission on an application or proposal for a zoning amendment which affects the permitted use of property, notice shall be given in all of the following ways:

  1. Notice shall be mailed or delivered at least ten (10) days prior to the hearing to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant. Notice of a public hearing on an application for a hillside planned development permit shall also be mailed to the representatives of all homeowners' groups within the City whose names are on file with the City.

  2. Notice shall be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide essential facilities or services to the project whose ability to provide those facilities and services may be significantly affected.

  3. Notice shall be mailed or delivered at least ten (10) days prior to the hearing to all owners of real property within three hundred (300) feet of the real property that is the subject of the hearing, using addresses from the latest equalized assessment roll, or alternatively using addresses from records of the County Assessor or tax collector at the option of the City if the City believes that such records contain more recent information. If the number of owners

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City of Walnut Creek, CA § 10-2.4.302

ZONING

§ 10-2.4.305

to whom notice would be mailed or delivered pursuant to this subsection and subsection (B)(1) of this section is greater than one thousand (1,000), the City may, in lieu of such mailed or delivered notice, provide notice by placing a display advertisement of at least oneeighth (1/8) page in a newspaper of general circulation within the City at least ten (10) days prior to the hearing.

4. The notice shall be posted at least ten (10) days prior to the hearing in at least three (3) public places within the City, including one (1) public place in the area directly affected by the proceeding.

• C. Notwithstanding the foregoing, the notices required by subsection (B) of this section shall be provided at least twenty (20) days prior to a public hearing by the Planning Commission, when the hearing is for a proposed ordinance or amendment to a zoning ordinance affecting the permitted uses of property.

• (§ 7, Ord. 2134, eff. 11/20/2014; § 14, Ord. 2209, eff. 3/19/2021; § 4, Ord. 2239, eff. 7/5/2024; § 3, Ord. 2250, eff. 9/5/2025)

Any person may file a written request for notice of public hearings with the City Clerk and the Community Development Director. The request must be renewed annually. The City Clerk and the Community Development Director may charge a fee which is reasonably related to the estimated cost of providing this service. All notices of public hearings which are given pursuant to Section 10-2.4.302 shall also be mailed or delivered at least ten (10) days prior to the hearing to any person who has filed a current request for notice pursuant to this section.

(§ 18, Ord. 2209, eff. 3/19/2021; § 4, Ord. 2239, eff. 7/5/2024)

The notice given pursuant to Sec. 10-2.4.302. shall include the date, time and place of the hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing.

Hearings by the City Council, Planning Commission, Design Review Commission and Zoning Administrator shall be conducted in accordance with procedures established by each respective body.

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City of Walnut Creek, CA § 10-2.4.401

ZONING

Decisions and Permit Review, Modification and Revocation

The City Council, the Planning Commission, the Zoning Administrator, or the Community Development Director, as the case may be, shall take action on the application within any applicable time periods specified in Government Code Section 65950 et seq., including any extensions thereof. (§ 15, Ord. 2209, eff. 3/19/2021; § 4, Ord. 2239, eff. 7/5/2024)

After the conclusion of the hearing or the public hearing, if any, the City Council, the Planning Commission, the Design Review Commission, the Zoning Administrator, or the Community Development Director, as the case may be, shall approve, conditionally approve, deny without prejudice or deny the application, or make recommendations to the City Council concerning a P-D permit or zoning amendment proposal. Any decision by the Zoning Administrator or the Community Development Director shall be in writing and shall be mailed to the applicant and to any other person who makes a written request for a copy of the decision. The burden of proof in all matters shall be on the applicant.

(§ 15, Ord. 2209, eff. 3/19/2021; § 4, Ord. 2239, eff. 7/5/2024)

When making a decision on an application for a variance, conditional use permit, special use permit, minor use permit, planned development permit (P-D permit), hillside planned development permit (H-P-D permit), design review approval, or community benefit agreement, the City Council, the Planning Commission, the Design Review Commission, the Zoning Administrator, or the Community Development Director, as the case may be, shall make findings, including the applicable findings required by this chapter. When making recommendations to the City Council concerning a zoning amendment proposal, the Planning Commission or the Zoning Administrator, as the case may be, may make findings, but shall not be required to make findings.

(§ 15, Ord. 2209, eff. 3/19/2021; § 4, Ord. 2239, eff. 7/5/2024)

In addition to all other requirements for issuance of a building permit, conditional use permit, special use permit, or minor use permit or the granting of a variance, no such permit shall be issued and no variance shall be granted until the City Engineer shall have certified that improvements for the handling of traffic, both vehicular and pedestrian, have been installed on the street or streets upon which the property involved abuts, or that contractual arrangements approved by the City Engineer have been made to provide such improvements at such time as the City Engineer shall request, at the sole expense of the applicant and without cost to the City.

• A. The word "improvements" shall mean street paving and/or curbs and/or sidewalks and/or rightsof-way, and shall include dedication to the City of an easement over the improved areas for such purposes in a form satisfactory to the City Attorney, sufficient for public vehicular and pedestrian travel and the maintenance and policing of the improved area by the City.

• B. The words "street" and "streets" shall mean a public street or way or other area open to the public for pedestrian and vehicular traffic.

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City of Walnut Creek, CA § 10-2.4.404

ZONING

§ 10-2.4.407

• C. Any person dissatisfied with the finding of the City Engineer that the installation of improvements is required may appeal such finding to the City Council for review and decision pursuant to Chapter 4 of Title 1 of this Code, and upon an affirmative showing that the proposed use or variance will not cause an additional traffic burden, vehicular or pedestrian, at such location, the City Council may grant the permit or variance without requiring the installation of improvements.

No application which has been denied in whole or in part shall be filed again within one (1) year from such denial except by permission of the final decision-maker, unless the new application is substantially different or the conditions under which the previous denial was made have changed. Notwithstanding the foregoing, an application which has been denied without prejudice may be resubmitted at any time without making substantial changes to the application. If the Community Development Director refuses to accept the filing of a new application, such refusal shall constitute a decision which is appealable to the City Council pursuant to Title 1, Chapter 4. (§ 9, Ord. 2134, eff. 11/20/2014; § 4, Ord. 2239, eff. 7/5/2024)

Any action taken pursuant to this chapter that is subject to appeal shall be effective upon the expiration of the applicable appeal period. Any action taken pursuant to this chapter that this chapter deems to be final shall be effective upon approval, except in situations where the manner in which the decisionmaker has complied with the California Environmental Quality Act has been appealed to the City Council in accordance with Public Resources Code Section 21151(c), in which case the action shall be final upon resolution of the appeal.

(§ 10, Ord. 2134, eff. 11/20/2014)

• A. Before Use Established. A permit shall be considered lapsed one (1) year after its effective date and a community benefit agreement shall be considered lapsed two (2) years after its effective date, or at an alternative time specified as a condition of approval, unless one (1) of the following has occurred:

  1. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or

  2. A certificate of occupancy has been issued; or

  3. The use has been established; or

  4. The permit or entitlement has been renewed by the hearing body which originally approved it.

  5. Notwithstanding the foregoing, a permit or entitlement shall exclude the time during which an action or proceeding involving the permit is or was pending an appeal or litigation. The expiration period shall be tolled from commencement of the action or proceeding, and shall resume upon its final determination upon appeal or until the time for appeal has passed, in accordance with California Government Code Section 65009(f) or its successor statute.

• B. After Use Established. A permit or entitlement may be determined to have lapsed if there is a

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City of Walnut Creek, CA § 10-2.4.407

WALNUT CREEK CODE

§ 10-2.4.411

discontinuance of the exercise of the entitlement granted by the permit or entitlement for six (6) consecutive months or more, pursuant to Section 10-2.4.412.

• C. Community Benefit Agreements. An expiring community benefit agreement must be renewed to maintain the additional development capacity granted pursuant to the community benefit agreement and to secure the same community benefit originally contemplated in that agreement. If the originally contemplated benefit becomes unavailable or undesirable to the City at the time of renewal, the applicant may be required to provide an alternate community benefit that is desirable to the City Council and is of like-kind or equivalent value as determined by the City's sole discretion and described in the Community Benefits Program.

• (§ 11, Ord. 2134, eff. 11/20/2014; § 15, Ord. 2209, eff. 3/19/2021; § 3, Ord. 2250, eff. 9/5/2025)

If the Zoning Administrator has taken no action in approving, conditionally approving, or denying any application filed pursuant to the provisions of this article, within twenty-one (21) days after the first meeting at which said application has been scheduled, such application and pertinent data shall be automatically referred to the Planning Commission for action unless the matter is continued further by the mutual consent of the Zoning Administrator and the applicant, or unless the applicant is not represented at the meeting at which time the application is scheduled to be heard and/or acted upon.

If the Planning Commission has taken no action in approving, conditionally approving, or denying any application, review, or appeal filed pursuant to the provisions of this article within thirty-five (35) days after the first meeting at which said application or appeal has been scheduled, the application and pertinent data shall be automatically referred to the City Council for action unless the matter is continued further by the mutual consent of the Planning Commission and the applicant or the appellant, or unless the applicant or appellant is not represented at the meeting at which time the application is scheduled to be heard and/or acted upon.

(§ 6, Ord. 2106, eff. 1/6/2012)

If the Design Review Commission has taken no action in approving, conditionally approving, or denying any application, review, or appeal filed pursuant to the provisions of this article within thirtyfive (35) days after the first meeting at which said application or appeal has been scheduled, the application and pertinent data shall be automatically referred to the Planning Commission for action unless the matter is continued further by the mutual consent of the Design Review Commission and the applicant or the appellant, or unless the applicant or appellant is not represented at the meeting at which time the application is scheduled to be heard and/or acted upon. (§ 8, Ord. 2106, eff. 1/6/2012)

• A. Application by Permittee or Entitlement Holder. A permittee or entitlement holder wishing to modify the terms of a discretionary permit or entitlement shall apply to the City for a modification. The application shall clearly state and illustrate as necessary the proposed modification. The application procedure, public notice, and hearing body shall be the same as those prescribed for an original application of the same kind.

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City of Walnut Creek, CA § 10-2.4.411

ZONING

§ 10-2.4.412

• B. Request by Other Interested Person. Any interested person may request review of a permit or entitlement issued pursuant to this title by filing a request with the Community Development Director, clearly stating the scope of the requested review, reasons for the request, and supporting evidence. The Community Development Director shall review the request and determine within a reasonable time whether sufficient grounds exist to initiate review, modification or revocation proceedings pursuant to Section 10-2.4.412.

(§ 12, Ord. 2134, eff. 11/20/2014; § 15, Ord. 2209, eff. 3/19/2021; § 4, Ord. 2239, eff. 7/5/2024)

• A. Duties of the Community Development Director. If the Community Development Director, either of their own volition, on the application of the permittee, or on the request of an interested person, determines there may be grounds for review, modification or revocation of a zoning permit, home occupation permit, use permit, administrative use permit, special use permit, minor use permit, variance, planned development permit, hillside planned development permit, design review approval, community benefit agreement, or other discretionary approval authorized by this title, the Community Development Director shall schedule a public hearing before the body initially authorized to approve the permit. (See also Section 10-2.3.1220, Procedure for Consideration of Violations of Performance Standards (regarding alcoholic beverage sales).)

• B. Notice and Public Hearing. Notice shall be given in the same manner required for the original permit or entitlement, if notice was required, and notice shall be mailed to the permittee and property owner at least ten (10) calendar days before the hearing. The contents of the notice shall be as prescribed for the original application. (See Part IV, Article 3 of this chapter, beginning with Section 10-2.4.301.)

• C. Hearing. The body conducting the hearing shall hear testimony of City staff, the permittee, the property owner, and/or any other interested person. A public hearing may be continued to a specific date and time without additional public notice.

• D. Required Findings. The body conducting the hearing may modify or revoke the permit or entitlement upon making one (1) or more of the following findings:

  1. The permit or entitlement was issued on the basis of erroneous or misleading information or misrepresentation; or

  2. The use or the user is in violation of a condition of approval of the permit or entitlement, or other laws or regulations, including but not limited to the Municipal Code; or

  3. The use has lapsed for a period of at least six (6) months and there is no obvious intent to reestablish the use; or

  4. The use is being conducted contrary to the public health, safety, and welfare due to changes in the conduct of the use, changes in uses in the vicinity, or otherwise.

• E. Decision and Notice. Within ten (10) calendar days of the conclusion of the hearing, the body that conducted the hearing shall render a decision and shall mail notice of the decision to the permittee, the property owner, the party requesting review, and to any other person who has filed a written request for such notice.

• F. Effective Date – Appeals. A decision by the Planning Commission, the Zoning Administrator, or

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City of Walnut Creek, CA § 10-2.4.412

WALNUT CREEK CODE

§ 10-2.4.413

the Community Development Director to modify or revoke a discretionary permit or entitlement becomes final ten (10) calendar days after the notice of the decision is mailed, unless appealed under Part IV, Article 5. A decision by the City Council to modify or revoke a discretionary permit or entitlement becomes final immediately.

• G. Other Remedies. The City's right to modify or revoke a discretionary permit or entitlement is in addition to any other remedy allowed by law.

• (§ 12, Ord. 2134, eff. 11/20/2014; § 15, Ord. 2209, eff. 3/19/2021; § 4, Ord. 2239, eff. 7/5/2024)

Repealed by §12, Ord. 2134, eff. 11/20/14.

(§ 7, Ord. 2106, eff. 1/6/2012; § 47, Ord. 2109, eff. 6/15/2012; Formerly 10-2.4.410)

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City of Walnut Creek, CA § 10-2.4.501

ZONING

In considering an appeal, the reviewing body shall conduct a de novo hearing, considering the appeal as a new matter. The reviewing body shall apply all laws and ordinances to the application as they exist at the time of the hearing on the appeal. The original applicant shall have the burden of proof. In considering the appeal, the reviewing body shall not be limited to the issues raised by the appellant. The reviewing body may grant, conditionally grant or deny the application. The reviewing body shall act on the appeal even if the appellant withdraws his or her appeal, but in such case may act without conducting a public hearing.

• A. Notice of Appeal. Within ten (10) days after the date the Zoning Administrator mails his or her decision on the application to the applicant, the applicant or any interested person may appeal to the Planning Commission by filing a "notice of appeal" with the City Clerk who shall immediately transmit a copy to the Community Development Director and a copy to the applicant in the event the appellant is not the applicant. The notice of appeal shall specify the person making the appeal, the decision appealed from, and shall state in clear and concise language the reasons for the appeal. Notice of appeal forms shall be supplied by the City Clerk.

• B. Appeal by City Manager. Within ten (10) days after the date of mailing of a decision of the Zoning Administrator, the City Manager on behalf of the City may appeal to the Planning Commission a decision of the Zoning Administrator that adversely affects the City by filing a "notice of appeal" with the City Clerk, who shall immediately transmit a copy to the Community Development Director and a copy to the applicant. The notice of appeal shall specify the decision appealed from and shall state in clear and concise language the reasons for the appeal. When such appeal is filed, all provisions of this section relating to appeals shall apply.

• C. Public Notice and Hearing. Upon the receipt of a valid appeal from a decision of the Zoning Administrator, the Community Development Director shall, within a reasonable period of time, set a public hearing on the matter before the Planning Commission. Public notice shall be given in the manner specified in Part IV, Article 3 of this chapter.

• D. Planning Commission Decision on Appeal. After the public hearing on an appeal, the Planning Commission may reverse, affirm or modify the decision of the Zoning Administrator. In taking such action, the Planning Commission shall make all findings required by this part which relate to the type of application under consideration. The decision of the Planning Commission on any appeal shall be final and conclusive in the matter. Decisions, as defined in Code of Civil Procedure Section 1094.6(e), made by the Planning Commission regarding appeals of Zoning Administrator decisions shall be subject to judicial review only if the petition for writ of mandate is filed within the time limits specified in Code of Civil Procedure Section 1094.6.

• (§ 13, Ord. 2134, eff. 11/20/2014; § 4, Ord. 2239, eff. 7/5/2024)

• A. Notice of Appeal. Within ten (10) days after mailing a decision of the Design Review Commission, any interested person may appeal to the Planning Commission by filing a "notice of appeal" with the City Clerk. The City Clerk shall immediately transmit a copy to the

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City of Walnut Creek, CA § 10-2.4.503

WALNUT CREEK CODE

§ 10-2.4.504

Community Development Director and, in the event the appellant is not the applicant, a copy to the applicant. The notice of appeal shall specify the person making the appeal, the decision appealed from, and shall state in clear and concise language the reasons for the appeal. Notice of appeal forms shall be supplied by the City Clerk.

• B. Appeal by City Manager. Within ten (10) days after the date of mailing of a decision of the Design Review Commission, the City Manager on behalf of the City may appeal to the Planning Commission a decision of the Design Review Commission which adversely affects the City by filing a "notice of appeal" with the City Clerk, who shall immediately transmit a copy to the Community Development Director and a copy to the applicant. The notice of appeal shall specify the decision appealed from and shall state in clear and concise language the reasons for the appeal. When such appeal is filed, all provisions of this article relating to appeals shall apply.

• C. Notice and Public Hearing. Upon the receipt of a valid appeal from a decision of the Design Review Commission, the Community Development Director shall schedule a public hearing before the Planning Commission within a reasonable period of time. Notice of the public hearing shall be given in the manner specified in Part IV, Article 3 of this chapter.

• D. Planning Commission Decision on Appeal. After the public hearing on an appeal, the Planning Commission may refer the matter back to the Design Review Commission for further consideration, or may reverse, affirm or modify the decision of the Commission. The Planning Commission may continue the matter from time to time, and its findings and decision on the appeal shall be final and conclusive in the matter. Decisions, as defined in Code of Civil Procedure Section 1094.6(e), made by the Planning Commission regarding appeals of Design Review Commission decisions shall be subject to judicial review only if the petition for writ of mandate is filed within the time limits specified in Code of Civil Procedure Section 1094.6.

• (§ 14, Ord. 2134, eff. 11/20/2014)

• A. Notice of Appeal. Within ten (10) days after mailing a decision of the Planning Commission, any interested person may appeal to the City Council by filing a "notice of appeal" with the City Clerk. The City Clerk shall immediately transmit a copy to the Community Development Director and a copy to the applicant, in the event the appellant is not the applicant. The notice of appeal shall specify the person making the appeal, the decision appealed from, and shall state in clear and concise language the reasons for the appeal. Notice of appeal forms shall be supplied by the City Clerk.

• B. Review by Council. Any member of the City Council shall have authority to request the Council to review any decision of the Planning Commission by either making such request orally at the first Council meeting following the Commission meeting at which such decision was made or by filing a written request with the City Clerk prior to the expiration of the time during which an appeal can be made. When such review is requested by any member of the City Council, the review shall be processed in the same manner as an appeal and all procedures set forth in this article shall apply. A request for review need not state the reasons for the request. A request for review shall not be deemed to be an allegation of any flaw in or a pre-judgment of the decision below, nor shall it affect any Council member's right to approve or disapprove the decision below.

• C. Appeal by City Manager. Within ten (10) days after the date of a decision of the Planning Commission, the City Manager on behalf of the City may appeal to the City Council a decision of the Commission that adversely affects the City by filing a "notice of appeal" with the City

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City of Walnut Creek, CA § 10-2.4.504

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§ 10-2.4.505

Clerk. The City Clerk shall immediately transmit a copy to the Community Development Director and a copy to the applicant. The notice of appeal shall specify the decision appealed from and shall state in clear and concise language the reasons for the appeal. When such appeal is filed, all provisions of this section relating to appeals shall apply.

• D. Notice and Public Hearing. After the filing of the notice of appeal, the City Clerk shall schedule a public hearing before the City Council within a reasonable period of time. Notice of the public hearing shall be given in the manner specified in Part IV, Article 3 of this chapter.

• E. Council Decision on Appeals. After the public hearing on an appeal, the City Council may refer the matter back to the Planning Commission for further consideration, or may reverse, affirm or modify the decision of the Commission.

(§ 16, Ord. 2134, eff. 11/20/2014; § 4, Ord. 2239, eff. 7/5/2024)

Except for actions taken by the Community Development Director on an application for design review approval as provided for in Article 12 of this chapter, or as otherwise provided in this chapter, any decision, action or determination of the Community Development Director is final and is not appealable. The Community Development Director may, but is not required to, refer any question concerning the interpretation or application of this chapter to the Planning Commission for review. For those decisions that are appealable, the procedures established in Section 10-2.4.502 shall apply, insofar as they may be made applicable.

(§ 15, Ord. 2134, eff. 11/20/2014; § 4, Ord. 2239, eff. 7/5/2024; Formerly 10-2.4.504)

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City of Walnut Creek, CA § 10-2.4.601

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