Article 11 — Hillside Planned Development (H-P-D) Permit

The purpose of the H-P-D permit is to assure that the intent and purpose of the hillside planned development district are effectuated.

The terms and symbols used in this section shall have the following meanings:

• A. Base density — means the number of dwelling units per gross acres as determined by Section 10-2.4.1105(A).

• B. Contour interval — means the difference in elevation between adjacent contour lines on a topographical or planimetric map.

• C. "I" — means the contour interval measured in feet.

• D. "L" — means the summation of the length of all contour lines measured in feet.

• E. Open space — means landscaped areas and areas retained in their original state without enhancement by landscaping which are owned in common by owners of the residential lots within a development or the required yards in a residential district.

• F. Ridge — means a connected series of major and minor hills.

• G. Ridgeline — means a ground line located at the highest elevation of the ridge running parallel to the long axis of the ridge.

• H. Weighted incremental slope (WIS) — means a number assigned to a specific parcel of land for the purpose of determining its relative slope conditions and is determined according to the following:

WIS = 0.0023IL Area in Acres

The calculation of the WIS shall be performed pursuant to the criteria and procedure set forth in Section 10-2.4.1103(E).

• I. Stream — means a natural body of water following a specific course in a definable channel which flows either intermittently or year round.

• J. Pond — means a natural or man-made small body of water located in a specific area which contains water either intermittently or year round.

• K. Riparian vegetation — means that vegetation to be found along the banks of a defined stream or pond.

Any application for an H-P-D permit shall be accompanied by the following data prepared by a design

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City of Walnut Creek, CA § 10-2.4.1103

ZONING

• A. A site plan showing general locations of all streets, on-street and off-street parking, bicycle paths, riding trails, hiking trails, buildings and other man-made structures; typical elevations or perspective drawings sufficient to show building height, building materials, colors and general design; perspective drawings showing the relationship after development of the proposed buildings and the topographic features of the site; and a table listing land coverage by percentage and acreage for the following: open space (intensely landscaped and natural), all streams, ponds and areas existing in riparian vegetation coverage by housing unit roof, parking (covered, open, off-street), streets, sidewalks, paths, recreational facilities;

• B. A topographical map showing existing contours and proposed lot lines, which may be integrated with the site plan described above; the lot lines may be omitted if building locations on the site plan make proposed lot lines obvious;

• C. A topographical map at a scale not smaller than 1 inch = 100 feet showing contour lines existing prior to grading at an interval of not more than ten (10) feet; a grading plan showing increments of the depths of all cuts and fills in various colors of any similar display which shows the cuts, fills, depths thereof in colors; and a slope classification map showing, in contrasting colors, all land which has less than a 10% slope, that land which has a slope between 10% and 20%, that land which has a slope between 20% and 30%, that land which has a slope between 30% and 40%, and all land which has a slope greater than 40%. The Community Development Director may allow a reduction in the scale of the map or an increase in the contour interval when the size of a parcel or its terrain requires such changes to make the map more meaningful;

• D. Profiles showing the relationship of the proposed project to any dominant geological or topographical features which may be on or in the vicinity of the proposed project;

• E. The calculation of the WIS factor shall be prepared by a registered civil engineer or a licensed land surveyor and the following criteria and procedure shall be used:

  1. The contour map shall have ten (10) foot contour intervals;

  2. The interval used in WIS calculation shall be two (2) feet and interpolation of the contour intervals is required;

  3. Topographic map scale:

==> picture [404 x 79] intentionally omitted <==

----- Start of picture text -----
Parcel Size Scale
Less than 2.0 acres 1" = 20'
2.0 acres to 20 acres 1" = 50'
Over 20 acres 1" = 100'
----- End of picture text -----

• F. Any tree(s) including size and species as defined in §3-8.02 of this Code whether or not such tree(s) is to be removed or destroyed, on the site plan or on a separate plat;

• G. Sufficient dimensions to show right-of-way widths, pavement widths, radii of curvature of center lines, street grades, whether streets are to be public or private, and all proposed frontage improvements on new and existing streets;

• H. A current preliminary soils and geological report prepared by a registered civil engineer and a

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City of Walnut Creek, CA § 10-2.4.1103

WALNUT CREEK CODE

• I. A detailed landscaping plan showing the natural open space which will remain upon completion of development, all existing trees (and indicating which trees are scheduled for removal), and the precise boundaries of additional landscaping; the landscape plan shall include container size of all trees and shrubs, species of all plant material, irrigation system plan, street lighting, low level path lighting, street furniture and fencing materials, dimensions and locations;

• J. A statement in writing stipulating to the total number of bedrooms to be constructed; and

• K. The initial plan shall indicate the density allowed by Section 10-2.4.1107(A) and the location of the proposed units. Any request for density adjustments allowed by Section 10-2.4.1107(B) shall be shown on an alternate plan detailing the location of the additional units and amenities.

• Notwithstanding the requirements of this section, an applicant for an H-P-D permit for the development of five (5) or more acres, which development will occur in stages, may submit general information relating to items in subsections (A) and (I) of this section for review by both the Design Review Commission and the Planning Commission. Precise and detailed plans setting forth the information required by these items shall be submitted to the Planning Commission for its review and approval prior to the approval of a tentative subdivision map, building permit or other construction authorized by the H-P-D permit.

(§ 4, Ord. 2239, eff. 7/5/2024)

Following are the procedures for processing an application for an H-P-D permit:

• A. Review by Design Review Commission and Planning Commission. Upon receipt of the data required by Section 10-2.4.1103 of this section, all such data shall be transmitted to the Design Review Commission for its preliminary review of the site plan and building design. Within thirty days, the Design Review Commission shall advise the Planning Commission in writing of any comments it desires to make and any changes to the site plan or building design which it deems appropriate as a result of its preliminary review. Upon receipt of a recommendation from the Design Review Commission, the Planning Commission shall hold a public hearing to consider the request for an H-P-D permit. If the Planning Commission recommends approval or conditional approval of an H-P-D permit, its resolution setting forth the reasons for said recommendation shall be transmitted to the Council and to the applicant.

• B. Review by City Council. Upon receipt of a resolution from the Planning Commission recommending approval of an H-P-D permit, the City Clerk shall schedule a public hearing before the Council with notice of the time, date and place of public hearing being given, pursuant to Part IV, Article 3. of this chapter. Following the public hearing, the Council may approve or disapprove the H-P-D permit. In approving a permit, the Council may modify the recommendations of the Planning Commission. In making its decision, the Council shall be subject to the same requirements as are placed on either of the commissions by this section.

• C. Referral. Council may also refer the matter back to the Planning Commission for further report and recommendation. The Planning Commission shall not be required to hold a public hearing on a matter referred back to it, but shall submit its report and recommendation within forty days after the reference; otherwise the proposed modifications shall be deemed approved.

• D. Detailed Plan Review. If the City Council approves an H-P-D permit the detailed development plans and building plans shall be submitted to the Design Review Commission pursuant to the

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City of Walnut Creek, CA

ZONING

§ 10-2.4.1104

§ 10-2.4.1106

provisions of Chapter 4 of this title for processing and approval. The processing of an H-PD permit shall not be deemed to be complete until the above approval by the Design Review Commission has been obtained.

• E. Denial by Planning Commission. If the Planning Commission recommends denial of an H-P-D permit application, no further action by the City Council is necessary unless the Planning Commission's decision is appealed to the City Council by the applicant pursuant to the provisions of Part IV, Article 5 of this chapter.

• F. Permit Amendments. Hillside planned development permit amendments proposing an increase in the number of originally approved dwelling units shall be required to go through the same process required for a new H-P-D permit. Amendments to H-P-D permits not calling for an increase of the number of originally approved dwelling units must be certified to be in substantial conformity with the original permit by both the City Engineer and Community Development Director, and if either fails to make such a finding, the request shall be deemed denied unless overturned on appeal to the Planning Commission pursuant to Part IV, Article 5 of this chapter. The City Council may amend an H-P-D permit in order to protect the public health, safety and general welfare, and the process to be used for such an amendment shall be the same as is required for new H-P-D permits.

• (§ 18, Ord. 2134, eff. 11/20/2014)

In recommending approval of, or in approving an H-P-D permit, the following findings must be made:

• A. The approval of the plan is in the best interests of the public health, safety and general welfare;

• B. Off-site and on-site views of the ridges will not be substantially impaired and the roofline of any structure will not be located within a vertical distance of seventy-five feet of the ridgeline. In determining which ridges are subject to this finding, the following criteria shall be used: The intents and purposes set forth in Sec. 10-2.2.501. shall be followed.

• C. Any grading to be performed within the project boundaries takes into account the environmental characteristics of that property, including but not limited to prominent geological features, existing stream beds and significant tree cover, and is designed in keeping with the best engineering practices to avoid erosion, slides or flooding, to have as minimal an effect on the environment as possible;

• D. Streets, buildings and other man-made structures have been designed and located in such a manner as to complement the natural terrain and natural landscape;

• E. Adequate fire safety measures have been incorporated into the design of the plan;

• F. The plan conforms to the purpose and intent of the hillside planned development district;

• G. The plan is consistent with the City's general plan; and

• H. Streams, ponds and riparian vegetation have been, where possible, preserved in their natural state.

In the recommendation for approval and in the approval of an H-P-D permit, conditions may be imposed which are deemed necessary to protect the public health, safety and general welfare in line

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City of Walnut Creek, CA § 10-2.4.1106

WALNUT CREEK CODE

• A. Base Density. Except as provided in section 10-2.4.1106 of this section, the base density shall be determined by the following:

==> picture [428 x 54] intentionally omitted <==

----- Start of picture text -----
WIS 10 15 20 25 30 35 40 Greater than
43
BASE DENSITY 3.5 3.0 2.5 2.0 1.5 1.0 0.5 0.2
----- End of picture text -----

Any WIS not shown in the above table shall be determined by interpolation, using the graph and formula set forth in Exhibit A, which is attached hereto and incorporated herein by reference.

• B. Density Adjustments. The effectiveness of hillside development can be affected by a number of factors such as the physical characteristics of a specific parcel, the amount of landscaped and natural open space existing within a development, the existence of amenities within a development and the number of people who will reside in the hill area. Therefore, in order to encourage hillside developments which take into consideration the above factors, adjustments may be made in the base density in the recommendation for approval and approval of an H-P-D permit, pursuant to any of the following:

  1. The existence of open space beyond that required by Section 10-2.4.1108;

  2. The existence of amenities or on-site or off-site improvements which are not normally found or required in residential developments;

  3. The existence of a mixture of housing types which provides a variation in the appearance of the development and allows a range of housing prices for differing income levels, and has a projected population which is comparable to or lower than the projected population of a single housing type;

  4. The existence of landscaping of a type, size and quantity which exceeds that required by this section;

  5. The existence of a topographical feature, including but not limited to a cliff or deep ravine, of a magnitude which causes the WIS to be significantly greater than would be the case if the topographic feature were not considered; and

  6. The offer to and acceptance by the City of land in excess of the park land dedication requirements of Section 10-1.516 of this code.

• C. General Plan Range. Notwithstanding the density established by subparagraphs A and B above, no property shall develop at a density which exceeds the maximum of the General Plan range within which that property lies, nor shall any property be required to develop at a density less than the minimum of the General Plan range within which that property lies. If a parcel of property is situated within two different general plan ranges, the density range for the parcel shall be the weighted average of those ranges.

The percentage of the site which must remain in open space or be devoted solely to recreation use shall

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City of Walnut Creek, CA

ZONING

§ 10-2.4.1108

§ 10-2.4.1111

be a minimum of twenty-five percent plus 1.5 times the WIS factor and a maximum of ninety percent. Recreation use as used in this section shall include only those lands which are offered for dedication as public parks and which are acceptable to the City. In addition, no development shall exceed the maximum building coverage allowed in the most comparable residential zoning district.

• A. Size and Treatment. In order to keep all graded areas and cuts and fills to a minimum, to eliminate unsightly grading and to preserve the natural appearance and beauty of the property as far as possible as well as to serve the other specified purposes of this article, specific requirements may be placed on the size of areas to be graded or to be used for building, and on the size, height and angles of cut slopes and fill slopes and the shape thereof. In appropriate cases retaining walls may be required.

• B. Restrictions. All areas indicated as natural open space on the approved development plan shall be undisturbed by grading, excavating, structures or otherwise except that riding trails, hiking trails, picnic areas, stables and similar amenities may be placed in natural open space pursuant to the approval of an H-P-D permit.

• C. Landscaping. The H-P-D permit shall include the planting of newly created banks or slopes for erosion control or to minimize their visual effect.

Development on any Open Space/Agriculture Lands, as defined in this Ordinance, shall: (a) be prohibited on slopes with existing grades of twenty percent (20%) or greater, or within 75 vertical feet of any Ridgeline, or within the area surrounding any Native Tree for a distance of one and one-half times the distance from the trunk to the dripline, which slopes and areas shall be left in their natural state; (b) not exceed a density of one (1) dwelling unit per ten (10) acres; (c) be limited to detached, single-family residential housing and normal appurtenances; (d) be located and constructed in such a manner as to prevent visual impacts on scenic vistas and existing neighborhoods; (e) not result in the cutting of or damage to any Native Tree; and (f) not be eligible for density bonuses, adjustments or averaging, including without limitation those provided in Section 10-2.4.1107.

Development within areas identified as High Risk Areas shall be limited to a maximum density of one (1) dwelling unit per twenty (20) acres. If any High Risk Area is located wholly or partly within Open Space/Agriculture Lands, said area shall be subject to the provisions of Section 10-2.4.1110, except that the maximum density shall be as specified in this Section 10-2.4.1111. An application for an H-PD permit may be filed with the Planning Commission as provided in Article 2 above. In addition to the data required under Article 2, the application shall be accompanied by the following data prepared by a design team consisting of an architect, landscape architect and civil engineer, except that the Planning Manager may waive the requirement for any specific member of the design team or for filing any of these listed data when such is not applicable to the specific project:

• A. A site plan showing general locations of all streets, on-street and off-street parking, bicycle paths, riding trails, hiking trails, buildings and other man-made structures; typical elevations or perspective drawings sufficient to show building height, building materials, colors and general design; perspective drawings showing the relationship after development of the proposed buildings and the topographic features of the site; and a table listing land coverage by percentage

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City of Walnut Creek, CA § 10-2.4.1111

WALNUT CREEK CODE

§ 10-2.4.1111

and acreage for the following: open space (intensely landscaped and natural), all streams, ponds and areas existing in riparian vegetation coverage by housing unit roof, parking (covered, open, off-street), streets, sidewalks, paths, recreational facilities;

• B. A topographical map showing existing contours and proposed lot lines, which may be integrated with the site plan described above; the lot lines may be omitted if building locations on the site plan make proposed lot lines obvious;

• C. A topographical map at a scale not smaller than 1 inch = 100 feet showing contour lines existing prior to grading at an interval of not more than ten (10) feet; a grading plan showing increments of the depths of all cuts and fills in various colors of any similar display which shows the cuts, fills, depths thereof in colors; and a slope classification map showing, in contrasting colors, all land which has less than a 10% slope, that land which has a slope between 10% and 20%, that land which has a slope between 20% and 30%, that land which has a slope between 30% and 40%, and all land which has a slope greater than 40%. The Community Development Director may allow a reduction in the scale of the map or an increase in the contour interval when the size of a parcel or its terrain requires such changes to make the map more meaningful;

• D. Profiles showing the relationship of the proposed project to any dominant geological or topographical features which may be on or in the vicinity of the proposed project;

• E. The calculation of the WIS factor shall be prepared by a registered civil engineer or a licensed land surveyor and the following criteria and procedure shall be used:

  1. The contour map shall have ten (10) foot contour intervals;

  2. The interval used in WIS calculation shall be two (2) feet and interpolation of the contour intervals is required;

  3. Topographic map scale:

==> picture [404 x 79] intentionally omitted <==

----- Start of picture text -----
Parcel Size Scale
Less than 2.0 acres 1" = 20'
2.0 acres to 20 acres 1" = 50'
Over 20 acres 1" = 100'
----- End of picture text -----

4. Any tree(s) including size and species as defined in §3-8.02 of this Code whether or not such tree(s) is to be removed or destroyed, on the site plan or on a separate plat;

5. Sufficient dimensions to show right-of-way widths, pavement widths, radii of curvature of center lines, street grades, whether streets are to be public or private, and all proposed frontage improvements on new and existing streets;

6. A current preliminary soils and geological report prepared by a registered civil engineer and a registered geologist;

7. A detailed landscaping plan showing the natural open space which will remain upon completion of development, all existing trees (and indicating which trees are scheduled for removal), and the precise boundaries of additional landscaping; the landscape plan shall include container size of all trees and shrubs, species of all plant material, irrigation system plan, street lighting, low level path lighting, street furniture and fencing materials,

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City of Walnut Creek, CA § 10-2.4.1111

ZONING

8. A statement in writing stipulating to the total number of bedrooms to be constructed; and

9. The initial plan shall indicate the density allowed by section 10-2.4.1111(a) and the location of the proposed units. Any request for density adjustments allowed by section 10-2.4.1111(b) shall be shown on an alternate plan detailing the location of the additional units and amenities.

Notwithstanding the requirements of this subsection, an applicant for an H-P-D permit for the development of five (5) or more acres, which development will occur in stages, may submit general information relating to items 1. and 9. above for review by both the Design Review Commission and the Planning Commission. Precise and detailed plans setting forth the information required by these items shall be submitted to the Design Review Commission for its review and approval prior to the approval of a tentative subdivision map, building permit or other construction authorized by the H-P-D permit.

(§ 18, Ord. 2209, eff. 3/19/2021)

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City of Walnut Creek, CA § 10-2.4.1201

ZONING

The purpose of design review is to:

• A. Enhance the community character and preserve the unique identity of Walnut Creek.

• B. Promote quality architectural design, site planning, and landscape development to enhance the desirability and investment in the City.

• C. Foster civic pride and community spirit by encouraging participation in the design review process.

• D. Establish clear standards, guidelines and policies that comply with State housing laws.

• E. Establish a balanced and streamlined project review process, and promote and enhance good design, site relationships and other aesthetic considerations in the City.

• (§ 4, Ord. 2239, eff. 7/5/2024)

No person shall erect, construct or alter the exterior of any building, structure or sign, or substantially alter any landscaping or other features required pursuant to any City approval, or substantially alter any parking layout or dimensions, or obtain any building or site development permit for such activities, without first obtaining design review approval of the design plan and the site plan pursuant to this article; nor shall any departments of the City vested with the duty of authority to issue permits or licenses do so in conflict with the provisions of this chapter. This article shall not apply to the following:

• A. Accessory dwelling units or junior accessory dwelling units except as provided for in Part III, Article 5, Accessory Dwelling Units .

• B. New construction of SB 9 dwelling units.

• C. Advertising Display Relocation Agreements. Pursuant to Section 5412 of the California Business and Professions Code, the City Council may authorize the execution of advertising display relocation agreements, and the provisions of such agreements shall supersede any provision of this title to the contrary.

• D. Buildings Constructed Before June 15, 1973. This article shall not apply to exterior paint color changes on buildings constructed prior to June 15, 1973, if the Community Development Director determines that the change in paint color is in substantial compliance with the original design review approval.

• E. Single-family dwellings, additions to single-family dwellings, and other buildings in all singlefamily residential districts, except when one (1) or more of the following provisions are true:

  • i. Within any single-family residential district for:

    • a. Single-family dwellings on lots created on or after June 15, 1973.

    • b. New single-family dwellings or additions to single-family dwellings where the total

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City of Walnut Creek, CA § 10-2.4.1202

ZONING

• c. Swimming pools, patio covers, fences and other accessory structures when:

  1. Design review is required for the main building and the accessory structure is to be constructed concurrently with the main building; or 
  
  2. The total gross floor area of all buildings on the lot is equal to or greater than four thousand five hundred (4,500) square feet. 
  
  3. Accessory structures one hundred twenty (120) square feet or smaller in size may be exempted from the provisions of this article at the discretion of the Community Development Director. 
  

  • d. Any new single-family dwelling, addition to an existing single-family dwelling, new building or addition to a building, at the discretion of the Community Development Director, where a proposal is inconsistent with already adopted design guidelines for single-family homes.

• ii.

  • Within the R-8, R-8.5, and R-10 single-family residential districts for:

  • a. New single-family dwellings or additions where the size of the dwelling or the dwelling and the proposed addition (including any garage and other buildings on the lot) exceeds a floor area ratio of 0.42.

  • b. New single-family dwellings or additions where more than forty percent (40%) of the floor area of the principal structure (including the garage) is located on the second floor.

  • c. New single-family dwellings or additions where the second story is set back less than ten (10) feet from a side property line.

  • d. Additions to single-family dwellings where the addition equals fifty percent (50%) or more of the floor area of the existing principal structure (including the garage), except where the resultant FAR is less than 0.30.

  • e. New single-family dwellings where the new residential development succeeds the tear-down, demolition or removal of a previously existing residence, except where the resultant FAR for the lot including the new dwelling is less than 0.30 where tear-down or demolition is defined as demolition resulting in the elimination of fifty percent (50%) or more of the existing home's exterior wall area.

  • f. Swimming pools, patio covers, fences and other accessory structures when the floor area of all buildings on the lot results in an FAR equal to or greater than 0.42.

• iii. Within the R-12, R-15, R-20, and R-40 single-family residential districts for:

  • a. Additions to single-family dwellings where the addition equals fifty percent (50%) or more of the floor area of the existing principal structure (including the garage), except where the resultant FAR is less than 0.22.

  • b. New single-family dwellings where the new residential development succeeds the tear-down, demolition or removal of a previously existing residence, except where the

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City of Walnut Creek, CA

WALNUT CREEK CODE

§ 10-2.4.1202

§ 10-2.4.1205

resultant FAR for the lot including the new dwelling is less than 0.22 where tear-down or demolition is defined as demolition resulting in the elimination of fifty percent (50%) or more of the existing home's exterior wall area.

• F. Housing for the homeless/emergency shelters.

• G. Low barrier navigation centers.

• (§ 4, Ord. 2239, eff. 7/5/2024; § 3(25), Ord. 2243, eff. 9/7/2024)

An application for design review shall be filed with the Community Development Department in a manner and form as provided in Part IV of Article 2, Chapter 2, Title 10 and as further prescribed by the Community Development Director.

(§ 4, Ord. 2239, eff. 7/5/2024)

A public hearing, when required on the application, shall be scheduled before the approving authority and noticed as provided in Part IV of Article 3, Chapter 2, Title 10. (§ 4, Ord. 2239, eff. 7/5/2024)

A project shall be classified as either a minor or major project for the purposes of determining the approving authority for objective or discretionary design review. A project subject to ministerial design review shall always be acted upon by the Community Development Director, regardless of its classification.

• A. Minor Project. A minor project shall mean any of the following, singly or in combination:

  • i. The construction of up to four (4) single-family homes or duplexes on up to four (4) lots when designed by a registered architect.

  • ii. The construction of up to four (4) new residential units on one (1) lot when designed by a registered architect.

  • iii. The construction of a new structure of five hundred (500) square feet or less in size.

  • iv. Additions to an existing single-family home or duplex.

  • v. Additions of five hundred (500) square feet or less in size to an existing multifamily or nonresidential development.

  • vi. Satellite antennas and modifications to existing wireless communication facilities.

  • vii. Outdoor dining spaces pursuant to Title 6, Chapter 13, Outdoor Dining , and the outdoor dining policy.

  • viii. Condominium conversions of existing buildings.

  • ix. Remodels to the exterior of existing buildings that are limited to the following: a relocation or expansion of doorways and/or windows, change in paint colors and/or building materials.

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City of Walnut Creek, CA § 10-2.4.1205

ZONING

• xi. New, expanded, or restriped parking lots.

  • xii. Minor revisions to approved projects in which a minor revision is defined as no more than a ten percent (10%) deviation from any landscape quantity or building dimension, unless the proposed deviation is the subject of a previously imposed condition of approval or conflicts with an existing development standard.

  • xiii. Other nonresidential projects of a similarly minor nature as determined by the Community Development Director.

• B. Major Project. A major project is any project that is not a minor project as previously defined. (§ 4, Ord. 2239, eff. 7/5/2024; § 4(5), Ord. 2244, eff. 11/1/2024)

For purposes of this article, authority to grant design review approval shall be as follows:

• A. Community Development Director. The Community Development Director shall act upon applications for ministerial design review and any other design review for minor projects, except as outlined below.

• B. Planning Commission. The Planning Commission shall act upon applications, with recommendation by the Design Review Commission as specified herein, for design review for major projects. The Planning Commission shall also act upon applications for design review for minor projects when it is the highest reviewing authority for any other entitlements included with the design review application.

• C. Zoning Administrator. The Zoning Administrator shall act upon applications for design review for minor projects only when they are the highest reviewing authority for any other entitlements included with the design review application.

• D. Design Review Commission. The Design Review Commission shall review, and provide its recommendation to the Planning Commission on, all design review applications for major projects. The Design Review Commission's review is limited to one (1) publicly noticed meeting unless additional meetings are requested by the project applicant.

• E. Highest Approving Authority. When an application for design review is included with an application for other entitlements, except for legislative amendments, the highest reviewing authority for all entitlements that comprise the project application shall also serve as the Design Review Authority. The highest reviewing authority shall mean, in descending order, the Planning Commission, the Zoning Administrator and the Community Development Director.

• F. Transfer of Duties. Whenever any permit, issued prior to June 15, 1973, pursuant to the provisions of this title, contains a reference to subsequent reviews by the Planning Commission or Zoning Administrator regarding matters within the scope of this article, such review shall be conducted by the Community Development Director or the Planning Commission pursuant to the provisions of this chapter.

• (§ 4, Ord. 2239, eff. 7/5/2024)

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City of Walnut Creek, CA

WALNUT CREEK CODE

§ 10-2.4.1207

§ 10-2.4.1208

• A. Overview. Ministerial design review shall consist of the Design Review Authority making a determination ministerially, without discretion or a public hearing, that a project is in compliance with all applicable, and objective, plans, regulations, policies, development standards, and design standards.

• B. Applicability. Any project within the scope of Section 10-2.4.1202 and that is required to be reviewed and approved ministerially without discretion pursuant to an applicable State law, including but not limited to the provisions under California Government Code Section 65913.4 (commonly referred to as SB 35), shall undergo ministerial design review.

• C. Review Authority. The Community Development Director shall serve as the Design Review Authority and act upon all applications for ministerial design review.

• D. Decision. The Design Review Authority shall approve an application for ministerial design review without discretion or a public hearing, if the project satisfies all applicable, and objective, policies, actions, and standards in the General Plan, an applicable specific plan, the Municipal Code, and the Citywide Design Review Standards and Guidelines maintained by the Community Development Department. The Design Review Authority may approve the application subject to conditions of approval consistent with applicable State laws and the provisions of this article. If a project does not satisfy all of the previously listed provisions to be ministerially approved, the Community Development Director shall, in writing, notify the project applicant that the application is not approved. However, such notification shall not preclude the applicant from revising the application as necessary to comply with the previously listed provisions to obtain approval.

(§ 4, Ord. 2239, eff. 7/5/2024)

• A. Overview. Objective design review shall consist of the Design Review Authority making a determination that a project is in compliance with all applicable, and objective, plans, regulations, policies, development standards, and design standards in effect at the time of preliminary application (pursuant to California Government Code Section 65941.1) or submittal of a complete application, as applicable.

• B. Applicability. Any residential development project proposing to construct one (1) or more dwelling units, including any residential mixed use project that designates at least two-thirds (2/ 3) of its square footage for residential use or a transitional or supportive housing project, that does not otherwise require a legislative amendment, and which does not otherwise qualify for ministerial design review, shall undergo objective design review.

• C. Review Authority. The applicable reviewing body set forth under Section 10-2.4.1206 shall serve as the Design Review Authority and act upon applications for objective design review.

• D. Decision. The Design Review Authority shall approve an application for objective design review if the project satisfies all applicable, and objective, policies, actions, and standards in the General Plan, an applicable specific plan, the Municipal Code, and the Citywide Design Review Standards and Guidelines maintained by the Community Development Department. The Design Review Authority may approve the application subject to conditions of approval consistent with applicable State laws and the provisions of this article.

• E. Denial. The Design Review Authority may deny an application for objective design review or impose conditions of approval requiring the project to be developed at a lower density (including

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City of Walnut Creek, CA

ZONING

§ 10-2.4.1208

§ 10-2.4.1209

conditions that impact the project's ability to provide residential units) only if it makes written findings supported by a preponderance of the evidence in the record that both of the following conditions exist:

• i. The project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this subsection, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete as defined by Government Code Section 65589.5; and

• ii. There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to subsection (E)(i) of this section, other than the disapproval of the project or the approval of the project upon the condition that it be developed at a lower density.

• (§ 4, Ord. 2239, eff. 7/5/2024)

• A. Overview. Discretionary design review shall consist of the Design Review Authority making a determination that a project is in compliance with all applicable plans, regulations, policies, development standards, design standards, and design guidelines.

• B. Applicability. Any project that does not qualify for ministerial or objective design review, including any residential development projects requiring a legislative amendment or additions to an existing residential project, shall undergo Discretionary Design Review.

• C. Review Authority. The applicable reviewing body set forth under Section 10-2.4.1206 shall serve as the Design Review Authority and act upon applications for discretionary design review.

• D. Findings for Approval. Discretionary design review approval may be granted if all of the findings are made:

  • i. The project is consistent with the General Plan and any applicable specific plan; and

  • ii. The project is consistent with all applicable development standards contained in the Municipal Code; and

  • iii. The approval of the project is in the best interest of the public health, safety, and general welfare; and

  • iv. The project complies with all applicable standards and guidelines contained in the Citywide Design Review Standards and Guidelines as evaluated by the degree to which the project meets the intent of all such applicable standards and guidelines.

• E. Decision. The Design Review Authority may approve, conditionally approve, or deny an application for discretionary design review as provided in Part IV, Article 4. The approving authority may approve the application subject to such conditions as it deems necessary, in its sole discretion, to protect the best interests of the surrounding neighborhood and the public health, safety and welfare and to make the proposed plan consistent with the standards set forth in this article, the general plan and any applicable specific plan. The review and decision of the discretionary design review application shall be limited to those matters specified in this chapter as being within the scope of design review and shall not include permitted uses, building floor areas, parking standards, traffic circulation issues and engineering standards.

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City of Walnut Creek, CA

WALNUT CREEK CODE

§ 10-2.4.1209

§ 10-2.4.1210

(§ 4, Ord. 2239, eff. 7/5/2024)

A design review decision made in accordance with this article may be appealed in accordance with Part IV Article 5, Appeals .

(§ 4, Ord. 2239, eff. 7/5/2024)

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City of Walnut Creek, CA § 10-2.4.1301

ZONING

The purpose of this Article is to establish a procedure for the amendment of this Chapter. As used in this Article, the term "amendment" shall include, but not be limited to, any changes or additions to the regulations, land use boundaries or classifications of property established by this Chapter. This Article shall not apply to amendments to Article 12 (Design Review), which Article may be amended by the City Council by ordinance without notice or a public hearing.

The process of amending this chapter may be initiated in any of the following manners:

• A. The City Council may request that the Planning Commission study and report back to the City Council concerning a proposed amendment; or

• B. The Planning Commission may, on its own initiative or in response to a recommendation by the Community Development Director, study and make recommendations to the City Council concerning a proposed amendment; or

• C. One or more of the owners of real property, or their duly authorized agents, may file an application with the Community Development Director for a change in the zoning district of such property pursuant to Part IV, Article 2 .

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

A public hearing on the proposed amendment shall be scheduled before the Planning Commission as provided in Part IV, Article 3 above. Notice of the public hearing shall be given as provided in Sec. 10-2.4.302. above.

Following the public hearing, the Planning Commission shall make a written recommendation that the City Council approve, conditionally approve, modify or deny the proposed amendment pursuant to Part IV, Article 4. above. The recommendation shall include the reasons for the recommendation and the relationship of the proposed amendment to the general plan and any applicable specific plan. Notwithstanding the foregoing, the Planning Commission may, but is not required to, make a recommendation to the City Council if the proposed amendment was initiated by the Planning Commission pursuant to Sec. 10-2.4.1302 .

If the City Council has requested the Planning Commission to study and report upon an amendment and the Planning Commission fails to act upon such request within a reasonable time as determined by the City Council, the City Council may, by written notice, require the Planning Commission to render its recommendation within forty (40) days of the date of such notice. Upon receipt of the written notice the Planning Commission, if it has not done so, shall conduct the public hearing as required by Part IV, Article 3 . If the Planning Commission does not render its recommendation to the City Council within the forty-day period, the Planning Commission shall be deemed to have recommended the approval of

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City of Walnut Creek, CA § 10-2.4.1305

WALNUT CREEK CODE

Upon receipt of the recommendation from the Planning Commission, a public hearing on the proposed amendment shall be scheduled before the City Council as provided in Part IV, Article 3 above. Notice of the public hearing shall be given as provided in Sec. 10-2.4.302. above. Notwithstanding the foregoing, if the proposed amendment is limited to a proposal to change property from one zoning district to another and the Planning Commission has recommended against the adoption of such amendment, the proposed amendment shall be deemed denied and the City Council shall not be required to take any further action unless an interested person requests a hearing by filing a written request with the City Clerk. Such a request shall be filed within time limits and processed in the same manner as a Notice of Appeal pursuant to Sec. 10-2.4.503 .

Following the public hearing, the City Council may approve, conditionally approve, modify or disapprove the proposed amendment pursuant to Sec. 10-2.4.1302 above. In approving any proposed amendment, the City Council shall consider the effect of the amendment on the housing needs of the region and balance these needs against the public service needs of its residents and available fiscal and environmental resources. Any ordinance adopted pursuant to this Chapter which, by its terms, limits the number of housing units which may be constructed on an annual basis shall contain findings as to the public health, safety, and welfare of the City to be promoted by the adoption of the ordinance which justify reducing the housing opportunities of the region. Notwithstanding the foregoing, any modification of the proposed amendment by the City Council which was not previously considered by the Planning Commission during its hearing on the proposal shall first be referred to the Planning Commission for its review and recommendation. Upon such a referral, the Planning Commission shall review the proposed modification but shall not be required to hold a public hearing thereon. The Planning Commission shall render its recommendation within forty (40) days after the referral, or such longer period as may be designated by the City Council. If the Planning Commission does not render its recommendation within such period, the Planning Commission shall be deemed to have recommended approval of the proposed modification. Following the Planning Commission's review of the proposed modification, the City Council shall consider the proposed amendment as modified in accordance with section 10-2.4.1302 and this section.

Pursuant to procedures set forth in this Article, any application or proposal for an amendment to the zoning district of property may include unincorporated territory adjoining the City, or may be composed entirely of unincorporated territory adjoining the City for the purpose of determining the zoning district that will apply to such property in the event of subsequent annexation to the City. Such zoning shall become effective at the same time that the annexation of such prezoned land becomes effective.

• A. Adoption and Extensions. Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the City Council may adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan, or zoning proposal which the City Council, Planning Commission or Community

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City of Walnut Creek, CA

ZONING

§ 10-2.4.1309

§ 10-2.4.1309

Development Department is considering studying or intends to study within a reasonable time as provided in Government Code section 65858. Such an urgency measure may only be adopted upon a four-fifths vote of the City Council for adoption based upon the findings specified in subsection B. The interim ordinance shall be effective immediately. The interim ordinance may be adopted with or without notice as follows:

• B. If the interim ordinance is adopted without notice, the interim ordinance shall be of no further force and effect forty-five (45) days after its date of adoption. The City Council may extend the interim ordinance for up to an additional 10 months and 15 days and subsequently extend the interim ordinance for an additional one year. Any extension may be adopted only upon a fourfifths vote of the City Council for adoption. No more than these two extensions may be adopted.

• C. If the interim ordinance is adopted following notice pursuant to Sec. 10-2.4.302. and a public hearing, the interim ordinance shall be of no further force and effect forty-five (45) days after its date of adoption. The City Council may extend the interim ordinance for up to an additional 22 months and 15 days. Any extension may be adopted only upon a four-fifths vote of the City Council for adoption.

• D. Findings. The City Council may adopt or extend an interim ordinance only if the ordinance contains a finding that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to public health, safety, or welfare.

• E. Subsequent Ordinances. The City Council may adopt subsequent ordinances pursuant to this section which amend or supplement the interim ordinance and any extensions thereof by a fourfifths vote of the City Council for the ordinance. Every such subsequent ordinance shall automatically terminate upon the termination of the first interim ordinance or any extensions thereof.

• F. Repeal. The City Council may, following notice and a public hearing pursuant to Part IV, Article 3. , adopt an ordinance repealing the interim ordinance prior to the date that the interim ordinance would otherwise terminate by a majority vote of the City Council for such ordinance.

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City of Walnut Creek, CA § 10-2.4.1401

ZONING

The purpose of this Article is to provide for the adoption of procedures and requirements for entering into development agreements with the owners of property concerning the development of such property.

The City Council may, by resolution, establish procedures and requirements for considering, reviewing and adopting development agreements consistent with Government Code sections 65864-65869.5.

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City of Walnut Creek, CA § 10-2.4.1501

ZONING

All departments, officials, employees and agents of the City vested with the duty or authority to issue permits, regulatory licenses or other approvals shall conform to the provisions of this Chapter and shall not issue a permit, regulatory license or other approval for uses, buildings or purposes in conflict with the provisions of this Chapter. Any permit, regulatory license or other approval issued in conflict with the provisions of this Chapter shall be null and void.

The Community Development Director is authorized and directed to enforce all provisions of this chapter. The Community Development Director may enter upon any property at any reasonable time to inspect the property in the performance of duties pursuant to this chapter upon presenting credentials to the owner or occupant and obtaining such person's consent. If such consent is refused or the owner or occupant is not present at the property, the Community Development Director and his or her designees may enter the property in any manner permitted by law, including, without limitation, obtaining an inspection warrant pursuant to Section 1822.50 of the Code of Civil Procedure or, in situations which reasonably appear to present an immediate threat to public health or safety, without a warrant. (§ 4, Ord. 2239, eff. 7/5/2024)

Any person who violates any provision of this Chapter shall be deemed guilty of a misdemeanor or an infraction. If charged as an infraction the penalty upon conviction of such person shall be a fine as set forth in section 1-2.01 of this Code. If charged as a misdemeanor, the penalty upon conviction of such person shall be imprisonment in the county jail for a period not to exceed six (6) months, or by a fine not exceeding One Thousand Dollars ($1,000) or by both such fine and imprisonment. Each and every day any violation of any provision of this Chapter continues shall constitute a separate offense.

Every violation of this Chapter is a public nuisance which may be abated pursuant to the procedures set forth in Chapter 6 of Title 1 of this Code or by any other procedure authorized by law.

The City Attorney is authorized to bring a civil action to enjoin any violation of this Chapter.

Any permit or variance granted pursuant to this chapter may be revoked in accordance with Section 10-2.4.412 as a result of any violation of this provisions of this chapter relating to such permit or variance.

(§ 29, Ord. 2134, eff. 11/20/2014)

The remedies provided by this Article shall be cumulative and not exclusive.

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City of Walnut Creek, CA § 10-2.4.1508

WALNUT CREEK CODE

§ 10-2.4.1510

Conditions imposed on conditional use permits, minor use permits, temporary activity permits, variances, P-D permits, H-P-D permits, and amendments pursuant to the provisions of this article, which are not fully satisfied by the property owner, thereby requiring City enforcement action, constitute a property owner-imposed burden on City staff time. Accordingly, in the event that the property owner fails to comply fully with any such condition, the property owner shall be required to pay to the City actual costs incurred in taking appropriate enforcement action. Actual costs shall be determined in accordance with applicable provisions of the resolution of fees and charges.

In interpreting and applying the provisions of this Chapter, the provisions shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare. Except as specifically provided, this Chapter is not intended to impair or interfere with any vested property rights. In the event the provisions of this Chapter conflict with any provisions of the Building Code for the City of Walnut Creek, the more restrictive of such provisions shall apply.

Section 1094.6 of the Code of Civil Procedure shall be applicable to the City and to any administrative decision made by the City, its planning agency, officials, employees and agents, including, but not limited to, any decision or determination relating to a conditional use permit, minor use permit, temporary activity permit, variance or the interpretation, application or enforcement of this Chapter.

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City of Walnut Creek, CA § 10-2.4.1601

ZONING

Reasonable Accommodation Application

The purpose of granting an application for reasonable accommodation is to provide an individual with a disability, his or her representative, or a developer or provider of housing for an individual with a disability, a modification with respect to the application of land use, or zoning regulations, and in the application of land use, zoning, or building policies, practices or procedures when those regulations, policies and procedures act as a barrier to fair housing. (§ 6, Ord. 2131, eff. 7/18/2014)

An application for reasonable accommodation may be filed with the Community Development Department as provided in Article 2 of this part. The application shall be accompanied by the following information:

• A. The name, address and telephone number of the applicant;

• B. The name, address, and telephone number of the owner of the property for which the reasonable accommodation request is being made;

• C. The current use of the property for which the reasonable accommodation request is being made;

• D. If the applicant is someone other than the property owner, a letter of agency or authorization signed by the property owner consenting to the application being made;

• E. The basis for the claim that the individual to be reasonably accommodated is an individual with a disability under the fair housing laws;

• F. The land use or zoning regulation, or land use, zoning, or building policy, practice or procedure for which reasonable accommodation is being requested;

• G. The type of accommodation sought;

• H. The reason(s) why the accommodation is necessary for the needs of the disabled person. Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation;

• I. Copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding the need for the accommodation; and

• J. Other supportive information deemed necessary by the department to facilitate proper consideration of the request, consistent with fair housing laws.

• K. There is no fee imposed on the filing or processing of the application for reasonable accommodation.

• (§ 6, Ord. 2131, eff. 7/18/2014; § 4, Ord. 2239, eff. 7/5/2024)

Notice and conduct of the public hearing shall be according to Article 3 of Part IV of Chapter 2 of this title.

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City of Walnut Creek, CA § 10-2.4.1603

WALNUT CREEK CODE

§ 10-2.4.1608

(§ 6, Ord. 2131, eff. 7/18/2014)

The reviewing authority shall approve the application, with or without conditions, unless it determines on the basis of substantial evidence that one (1) or more of the following findings cannot be made:

• A. The accommodation is requested by or on behalf of an individual with a disability protected under the fair housing laws.

• B. The housing, which is subject to the requested accommodation, will be used by an individual with a disability protected under fair housing laws.

• C. The requested accommodation is necessary to provide an individual with a disability an equal opportunity to use and enjoy a dwelling.

• D. The requested accommodation will not impose an undue financial or administrative burden on the City.

• E. The requested accommodation would not require a fundamental alteration in the nature of a City program or law, including land use and zoning.

• (§ 6, Ord. 2131, eff. 7/18/2014)

If the project requires other discretionary approval (such as a conditional use permit, design review, or variance) independent of the reasonable accommodation request, then the reasonable accommodation application will be decided prior to the other applications. Such decisions shall not be reconsidered as part of the subsequent approvals, but shall be regarded as independent entitlements. (§ 6, Ord. 2131, eff. 7/18/2014)

The Zoning Administrator shall, within thirty (30) days of determining the application complete, approve, approve with conditions, or deny the application based on the findings set forth in Section 10-2.4.1604, and may impose such conditions as it deems necessary to ensure the accommodation will comply with the findings required in Section 10-2.4.1604 and fair housing laws. As part of consideration of a request for a reasonable accommodation related to construction of new dwelling or dwellings, the Zoning Administrator may consult with the Design Review Commission regarding the requested accommodation and any options that may result in a reasonable accommodation. While any request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. (§ 6, Ord. 2131, eff. 7/18/2014)

The decision of the Zoning Administrator may be appealed in accordance with Section 10-2.4.502. Appeals are subject to payment of the fee imposed on appeals in the City's Master Fee Schedule. (§ 6, Ord. 2131, eff. 7/18/2014)

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City of Walnut Creek, CA § 10-2.4.1608

ZONING

§ 10-2.4.1610

All improvements constructed under the auspices of this chapter shall be removed upon the vacation of the unit by the person to whom the reasonable accommodation was granted unless the Community Development Director, Zoning Administrator, Building Official, or other discretionary reviewing authority, as applicable, makes a determination as follows:

• A. The unit has been reoccupied by a qualified person or such improvements provide benefit for future occupancy by a qualified person; or

• B. The removal of the improvement is not readily achievable without making significant structural changes that would impact the safety and soundness of the structure, as determined solely by the Building Official, or such costs of removal equal or exceed twenty-five percent (25%) of the market value of the structure.

• (§ 6, Ord. 2131, eff. 7/18/2014)

Medical information provided to the City related to the person for whom a reasonable accommodation is being requested shall be retained in a manner so as to respect the privacy rights of the applicant to the extent feasible, shall be kept confidential and shall not be made available to the public, pursuant to State and Federal law.

(§ 6, Ord. 2131, eff. 7/18/2014)

Upon receipt of the application required by Section 10-2.4.1602, but without the prior public hearing or notice required by Section 10-2.4.1603 and without the right of appeal provided by Section 10-2.4.1607, upon a showing of an urgent, temporary and unforeseen need made by or on behalf of an individual with a disability, the Zoning Administrator shall approve as a temporary reasonable accommodation temporary ramps and temporary and easily remediated alterations to a building that are not designed or intended nor allowed to remain for more than ninety (90) days following such approval during a period of temporary disability (ninety (90) days maximum) or during a period during which an application for reasonable accommodation has been made and has not been acted upon with finality. Any approved temporary reasonable accommodation shall be removed within the period of time established for such removal by the Zoning Administrator at the time of approval. (§ 6, Ord. 2131, eff. 7/18/2014)

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City of Walnut Creek, CA

ZONING

§ 10-2.4.1701

§ 10-2.4.1703

Article 17 Community Benefit Agreements

Consistent with the provisions of the General Plan, the West Downtown Specific Plan, the North Downtown Specific Plan, and the Community Benefits Program, this article is intended to provide an implementation mechanism whereby new development may be leveraged to provide community benefits, such as public infrastructure improvements, public and private open space, shared auto dealership parking, an upper upscale hotel, a neighborhood grocery store and other amenities that would serve the public and which could not be provided through public funding alone. This mechanism provides for developers to submit proposals for a community benefit agreement that is considered and approved by either the Planning Commission or the City Council, thereby enabling developers to rely on such agreement and to provide guidance for benefits desired by the City and the value of development bonus(es) in exchange for such benefits. (§ 17, Ord. 2209, eff. 3/19/2021)

When permitted by the base district regulations, the provisions of this article shall apply to the granting of additional height, FAR and/or density, in exchange for developer-provided community benefits. Any additional height, FAR and/or density granted pursuant to this section shall be consistent with restrictions set forth in the General Plan, any applicable specific plan, and the Zoning Ordinance including Measure A and the O-23 Almond Shuey Overlay Zone. In no case shall additional height be granted in excess of that allowed by Measure A, the Building Height Freeze Initiative, as specified in Section 10-2.1.202(B), Building Height Zones . (§ 17, Ord. 2209, eff. 3/19/2021)

An application for a community benefit agreement may be filed as provided in Article 2 of Part IV; however, it must be filed separate from and prior to the filing of any other permit or approval for a development project which relies upon the requested increase in height, FAR, and/or density. The application shall be accompanied by copies, in a quantity as required by the Community Development Director, of plans, diagrams, data, descriptions, photographs, or other presentation material as may be necessary for complete review and consideration of the proposed community benefit and requested increase in height, FAR, and/or density, and any items required by the community benefits program. In addition, an application for a community benefit agreement shall include a detailed description of the proposed community benefit, including scope, cost, and timing, as well as preliminary civil and/ or architectural plans for any physical improvements that will be constructed as part of the proposed community benefit, including a site plan and, where appropriate, elevation drawings and a landscape plan.

For flexible community benefits as defined and set forth in the community benefits program, the application also shall include information needed to complete a cost-benefit analysis on the proposed community benefit in order for the City to evaluate the project's estimated financial benefit arising from the additional height, density and/or FAR against the value of the community benefit provided to the City. At a minimum, this information shall include conceptual sketches and/or descriptions of the associated development project that indicate the overall scale and reach of the project as well as related construction cost projections using the full rate set forth in the ICC building valuation table.

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City of Walnut Creek, CA

ZONING

§ 10-2.4.1703

§ 10-2.4.1707

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

No community benefit agreement may be granted unless the following findings are made:

• A. The proposed community benefit and increase in height, FAR, and/or density is consistent with the General Plan, the applicable specific plan, the Zoning Ordinance (including Measure A and the O-23 Almond-Shuey Overlay Zone), and the Community Benefits Program.

• B. If the proposed community benefit will be owned and maintained/operated by the City, the benefit will not result in undue negative fiscal impact to the City, and any related facilities will comply with all applicable City guidelines, standards, regulations, and conditions for dedication and acceptance by the City.

• C. If the proposed community benefit will be privately owned and operated, necessary steps (including but not limited to covenants running with the land) have been taken to ensure its continued operational viability and facilities maintenance.

• D. For flexible community benefits, as defined and set forth in the Community Benefits Program, the value to the community of the proposed community benefit is proportional to the value to the developer of the proposed increase in height, FAR, and/or density. Further, the proposed community benefit will be highly valued by the community and will serve the surrounding neighborhood and/or the entire City.

Approval of a community benefit agreement and the development bonus(es) thereunder by the City Council or Planning Commission shall not be construed as approval of an entitlement or support for any proposed development project, and such approval of a proposed community benefit does not modify in any way the discretion otherwise provided to the project approval body to consider and act upon the development proposal, including any California Environmental Quality Act (CEQA) compliance, on any aspect other than the community benefit provided and approved by the City Council or Planning Commission. If the proposed community benefit will not be integrated into the development project, separate environmental review will occur as required by CEQA. (§ 17, Ord. 2209, eff. 3/19/2021)

The procedure and criteria used for the evaluation and acceptance of community benefits, and the granting of additional height, FAR, and/or density, shall be as specified by the Community Benefits Program.

(§ 17, Ord. 2209, eff. 3/19/2021)

Public hearings shall be scheduled, and public notice shall be given, for consideration of community benefit agreements, as provided in Article 3 of Part IV of Chapter 2, Notices and Hearings . (§ 17, Ord. 2209, eff. 3/19/2021)

6. Code reviser's note: Section 10-2.4.1705 was originally numbered as Section 10-2.4.1704 in Ordinance 2209. This section and subsequent sections in this article were editorially renumbered to prevent section number duplication.

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City of Walnut Creek, CA § 10-2.4.1707

WALNUT CREEK CODE

§ 10-2.4.1710

Following the public hearing, the City Council or Planning Commission may, upon making the findings set forth in Section 10-2.4.1704, approve or deny the application as provided in Article 4 of Part IV of Chapter 2, Decisions and Permit Review, Modification and Revocation . (§ 17, Ord. 2209, eff. 3/19/2021)

A decision of the Planning Commission may be appealed in accordance with Article 5 of Part IV of Chapter 2, Appeals . Decisions of the City Council are final. (§ 17, Ord. 2209, eff. 3/19/2021)

Community benefits proposed under a community benefit agreement shall either:

• A. Be completed prior to the issuance of a certificate of occupancy for any development relying upon the increased height, FAR, and/or density limits; or

• B. Require a financial surety, in a form acceptable to the City Manager and City Attorney, from the property owner or developer to ensure completion of the community benefit at the time mutually agreed to by the parties.

• (§ 17, Ord. 2209, eff. 3/19/2021)

An applicant desiring to modify the terms and conditions of a community benefit agreement may make such a request pursuant to Section 10-2.4.411, Request for Modification of Discretionary Permits or Entitlements . The grant or denial of a modification request shall be at the sole discretion of the City Council. The City may modify or revoke the community benefit agreement in accordance with Section 10-2.4.412, City-Initiated Review, Modification or Revocation of Discretionary Permits or Entitlements .

(§ 17, Ord. 2209, eff. 3/19/2021)

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City of Walnut Creek, CA

ZONING

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City of Walnut Creek, CA

WALNUT CREEK CODE