Part II — BASE DISTRICT REGULATIONS
Article 3
Walnut Creek Zoning Code · 2026-07 edition · updated 2026-09-09 · Walnut Creek
Nonconforming Uses and Structures
§ 10-2.3.301. Purpose.¶
The purpose of this Article is to encourage the elimination of existing uses and structures which do not conform to current zoning standards, while recognizing the hardship involved if all such nonconforming uses and structures were absolutely prohibited. Accordingly, this Article is intended to generally permit existing Nonconforming Uses and Structures to continue in their existing form while limiting their enlargement or their re-establishment after abandonment or destruction in order to encourage their redevelopment.
§ 10-2.3.302. Continuation of Nonconforming Uses.¶
- A. An existing nonconforming use (as defined in Section 10-2.1.303, Definitions ) may continue to exist in the same location, except as otherwise provided in this code. A nonconforming use may not be enlarged, increased, changed to a different nonconforming use or extended to occupy a greater area unless permitted by a conditional use permit approved pursuant to this article.
A structure devoted in whole or in part to a nonconforming use may not be enlarged, extended, reconstructed, remodeled or structurally altered (except as required by law) unless both the structure and the use thereafter conform to all provisions of this chapter or unless permitted by a conditional use permit approved pursuant to this article. Notwithstanding the foregoing, existing nonconforming residential structures may be reconfigured to increase the bedroom count, up to two (2) bedrooms, within an existing dwelling unit, ministerially pursuant to California Government Code Section 65850.02 or its successor statute. This subsection is not intended to prevent routine maintenance, repair and painting of such structures, but is intended to prevent all other alterations to such structures.
B. Premises licensed by the Department of Alcoholic Beverage Control that would otherwise be required to obtain a conditional use permit by the amendments made by Ordinance No. 1927 or Ordinance No. 2033 and that were in operation on the effective date of either ordinance (July 17, 1998 and July 16, 2004) shall be allowed to operated without the conditional use permit under the following conditions:
The premises retain the same type of retail liquor license within a license classification.
The licensed premises are operated continuously without substantial change in mode or character of operation.
For purposes of this subdivision, a break in continuous operation does not include:
a. A closure for not more than one hundred eighty (180) days for purposes of repair, if that repair does not change the nature of the licensed premises and does not increase the square footage of the business used for the sale of alcoholic beverages.
b. The closure for restoration of premises rendered totally or partially inaccessible as provided for and described in Section 10-2.3.305 (Reconstruction of Nonconforming Structures ), if the restoration does not increase the square footage of the business used for the sale of alcoholic beverages.
The transfer of an existing retail liquor license to a new owner on the same licensed premises who operates continuously without substantial change in mode or character of
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City of Walnut Creek, CA § 10-2.3.302
ZONING
§ 10-2.3.303 operation shall not trigger the application of the use permit requirement…¶
C. Premises licensed by the Department of Alcoholic Beverage Control that would otherwise be prohibited by the amendments made by Ordinance No. 1927 or 2033 and that were in operation on the effective date of either ordinance (July 17, 1998 and July 16, 2004) shall be allowed to operated under the following conditions:
The premises retain the same type of retail liquor license within a license classification.
The licensed premises are operated continuously without substantial change in mode or character of operation.
For purposes of this subdivision, a break in continuous operation does not include:
a. A closure for not more than one hundred eighty (180) days for purposes of repair, if that repair does not change the nature of the licensed premises and does not increase the square footage of the business used for the sale of alcoholic beverages.
b. The closure for restoration of premises rendered totally or partially inaccessible as provided for and described in Section 10-2.3.305 (Reconstruction of Nonconforming Structures ), if the restoration does not increase the square footage of the business used for the sale of alcoholic beverages.
The transfer of an existing retail liquor license to a new owner on the same licensed premises who operates continuously without substantial change in mode or character of operation shall not trigger the application the prohibition to such premises. (§ 2, Ord. 2033, eff. 7/15/2004; § 45, Ord. 2109, eff. 6/15/2012; § 32, Ord. 2134, eff. 11/20/2014; § 3, Ord. 2250, eff. 9/5/2025)
§ 10-2.3.303. Continuation of Nonconforming Structures.¶
An existing nonconforming structure (as defined in Part I, Article 3, Definitions ) may continue to exist in the same location, except as otherwise provided in this code. A nonconforming structure may not be enlarged, extended, reconstructed, remodeled or structurally altered (except as required by law) unless both the structure and the use thereafter conform to all provisions of this chapter or unless permitted by a variance or by a conditional use permit approved pursuant to this article. This section is not intended to prevent routine maintenance, repair and painting of such structures, but is intended to prevent all other alterations to such structures. Notwithstanding the foregoing:
A. Any structure which is nonconforming solely because of inadequate yards or setbacks may be enlarged, extended, reconstructed or structurally altered; provided, that no such enlargement, extension, reconstruction or alteration shall occur within any yard or setback area or otherwise create further nonconformance with this chapter.
B. Any structure which is nonconforming solely because of inadequate minimum FAR may be enlarged, extended, or structurally altered; provided, that there shall be no reduction from the existing FAR, and that said modification to the building does not require the demolition or replacement of fifty percent (50%) or more of either the existing building's exterior wall area or floor area.
C. An existing nonconforming residential structure may be reconfigured to increase the bedroom count, up to two (2) bedrooms, within an existing dwelling unit ministerially pursuant to California Government Code Section 65850.02 or its successor statute.
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City of Walnut Creek, CA § 10-2.3.303
WALNUT CREEK CODE
§ 10-2.3.305
(§ 15, Ord. 2194, eff. 6/7/2019; § 3, Ord. 2250, eff. 9/5/2025)
§ 10-2.3.304. Conditional Use Permit.¶
A conditional use permit authorized by Sec. 10-2.3.302. and 10-2.3.303. may be applied for and approved or disapproved pursuant to Part IV, Article 6. of this Chapter. In addition to the findings required by that Article for the granting of a conditional use permit, a conditional use permit authorized by this Article may be granted only upon a finding of all of the following:
A. The requested action will not impair the character of the zone in which such use exists;
B. The requested action will not lead to an alteration in the purpose and intent of the zoning district;
C. The requested action will improve the general appearance or economic viability of the district or otherwise benefit the public health, safety or welfare; and
D. It is unlikely that the Nonconforming Use or the Nonconforming Structure would be converted to a conforming use or structure in the foreseeable future even if the requested action were denied.
§ 10-2.3.305. Reconstruction of Nonconforming Structures.¶
A. Destruction. In the event that a Nonconforming Structure or a structure devoted in whole or in part to a Nonconforming Use is destroyed by a natural force or accident to the extent that the reconstruction cost exceeds fifty percent (50%) of the total structure value after reconstruction, the structure shall not be reconstructed except in conformity with all provisions of this Chapter. Notwithstanding the foregoing, a Nonconforming Structure which was so destroyed may be reconstructed with up to the same amount of square footage or number of dwelling units that originally existed on the site prior to destruction, regardless of the applicable maximum floor area ratio or minimum lot size requirements provided that the structure will otherwise conform to this Chapter. Similarly, single family residences with non-conforming rear yard setbacks in the R-8, R-8.5 and R-10 Single Family Residential districts, may be reconstructed with a rear yard setback of 10 feet, provided that the structure will otherwise conform to this Chapter.
B. Damage. In the event that a Nonconforming Structure or a structure devoted in whole or in part to a Nonconforming Use is damaged by a natural force or accident to the extent that the reconstruction cost is fifty percent (50%) or less than the total building value after reconstruction, the structure may be rebuilt exactly as it previously existed and any Nonconforming Use may continue, provided that restoration is started within six months and diligently pursued to completion.
C. Inadequate Parking. Notwithstanding Subsection A above, if a main building in a P-R zone is destroyed and the building was a Nonconforming Structure solely because the site on which the building was situated did not have the amount of parking that is required by this Chapter, the amount of floor area that existed immediately prior to the destruction may be replaced without providing the required parking. Any parking that existed immediately prior to destruction shall not be decreased. In the event an area was used prior to destruction for parking but was not paved and striped and if following reconstruction the parking will be paved and striped, the quantity of required spaces shall be the square footage of the previous parking area divided by 325 square feet. In the event an owner desires to construct more floor area than previously existed, off-street parking for such additional floor area shall be provided according to the provisions of Part III, Article 2. of this Chapter.
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City of Walnut Creek, CA § 10-2.3.305
ZONING
§ 10-2.3.307
D. Determination of Value. All determinations of reconstruction costs and the value of buildings pursuant to this Section shall be made at the sole discretion of the City's Building Official, whose determinations shall be final.
(§ 6, Ord. 2005, eff. 12/19/2002)
§ 10-2.3.306. Nonconforming Lots.¶
A. Lots in Single-Family Districts. No single-family dwellings may be developed on any lot which is in a single-family zoning district and which does not contain the area, width and/or frontage required by the zoning district in which such lot is located unless a variance is approved pursuant to Part IV, Article 9, or unless the Zoning Administrator determines that such a limitation would constitute an unconstitutional taking of property without compensation. Notwithstanding the foregoing, if a dwelling unit exists or previously existed on the same lot and the lot does not contain the required area, width and/or frontage, one single-family dwelling may be developed on the lot to replace the existing or previously existing dwelling unit, provided that the singlefamily dwelling otherwise complies with this Chapter.
B. Lots in Multiple-Family Districts. Any existing legally created lot in a multiple-family residential district which does not contain the area, width and/or frontage required for the zoning district in which such lot is located may be developed according to the density permitted in such zoning district. If the lot is of such small size that no dwelling units can be developed in accordance with the permitted density, one single-family dwelling may be developed on the lot if the Zoning Administrator finds that the application of this Chapter to the lot would otherwise constitute an unconstitutional taking of property without compensation.
C. Lots in Nonresidential Districts. Any existing legally created lot in any nonresidential zoning district may be developed according to the intensity permitted in that zoning district even if the lot does not meet the required area, width and/or frontage required for that zoning district.
D. Remnant Lots. Notwithstanding the foregoing, if any lot is created as a result of land being conveyed to or from a governmental agency, a public entity, a public utility or a subsidiary of a public utility without the approval of a parcel map or subdivision map, a primary structure may be developed on the lot only if a Certificate of Compliance is issued pursuant to Sec. 10-2.3.307 or if the Zoning Administrator finds that the application of this Chapter to the lot would otherwise constitute an unconstitutional taking of property without compensation.
utility or a subsidiary of a public utility without the approval of a parcel map or subdivision map, a primary structure may be developed on the lot only if a Certificate of Compliance is issued pursuant to Sec. 10-2.3.307 or if the Zoning Administrator finds that the application of this Chapter to the lot would otherwise constitute an unconstitutional taking of property without compensation.
- E. Determination of Taking. An application for a determination by the Zoning Administrator that the provisions of this Chapter would constitute an unconstitutional taking of property without compensation shall be filed pursuant to Part IV, Article 2 . Such an application must include, in addition to the information specified in Part IV, Article 2 ., evidence that the lot was legally created, information concerning whether the lot was created through an acquisition of property by a public entity or utility, evidence that the lot cannot be sold to any adjacent property owner and evidence that the lot would not have any economically viable use unless the requested use were permitted. The burden of proof shall be on the applicant. The Zoning Administrator shall approve the application only if he or she finds that the lot was created legally and that the application of this Chapter to the lot would constitute an unconstitutional taking of property without compensation. Even if the Zoning Administrator makes the foregoing findings, the application shall be denied if the lot was created through an acquisition of property by or under threat of eminent domain and the then-owner of the property received severance damages based on the resulting non-conformance of the remaining lot.
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City of Walnut Creek, CA § 10-2.3.307
WALNUT CREEK CODE
§ 10-2.3.307
§ 10-2.3.307. Nonconforming Lots Created by Eminent Domain.¶
If part of a legally created lot which conforms to all requirements of the zoning district in which it is located is acquired for public use in any manner, the remainder and any improvements thereon shall be deemed to conform to the provisions of this Chapter if the Zoning Administrator issues a Certificate of Compliance. An application for a Certificate of Compliance may be filed by any party with an interest in the lot, the entity acquiring a portion of the lot or the City. The application may be filed at any time prior to or following the acquisition. The application shall be filed in accordance with Part IV, Article 2 . The Zoning Administrator may approve or conditionally approved the application if he or she makes the following findings:
A. Issuance of the Certificate of Compliance is in the best interest of the public health, safety and welfare;
B. The remainder lot is not less than eighty percent (80%) of the required area, width and frontage for the zoning district in which the lot is located;
C. If any structures are located on the lot, (1) the structures conformed to the provisions of this Chapter prior to the acquisition, (2) the remainder lot will contain at least eighty percent (80%) of the required yards and setbacks and (3) the acquisition will not result in the lot coverage exceeding the maximum permitted lot coverage percentage by more than twenty percent (20%); and
D. That the existing lot, prior to eminent domain proceedings, contained the required number of offstreet parking spaces and the remainder lot, after acquisition, will contain: (1) not less than eighty percent (80%) of the required number of off-street parking spaces; and (2) in any event will contain at least one off-street parking space.
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City of Walnut Creek, CA § 10-2.3.401
ZONING
§ 10-2.3.402 Article 4¶
§ 10-2.3.401. Purpose.¶
The City of Walnut Creek is situated among a series of major and minor hills. These hills are a highly valued natural topographical feature of the community because they visually define the City's boundaries and public open spaces, and/or public trails, because they provide a sense of the community's indigenous history, and because they provide visual stress relief to all persons traveling our highly traveled freeways, major arterials, and/or scenic corridors in and around the City.
The City's General Plan recognizes the intrinsic value and sensitive nature of these hillside areas by listing numerous policies and programs especially designed to minimize the negative impacts that may otherwise be associated with developing in hillside areas.
It is the intent of this article to implement the policies and programs of the City's General Plan relative to residentially zoned hillside areas and minimize visual impacts by promoting orderly development, preserving ridgelines and other significant natural topographical features of hillside areas, minimizing grading and regulating the placement of structures and other aesthetic qualities of development. This article is also intended to limit development which will result in high levels of risk of property damage and personal injury.
(§ 4, Ord. 2239, eff. 7/5/2024)
§ 10-2.3.402. Definitions.¶
The terms used in this article shall have the following meanings:
A. Creek: — Any natural watercourse noted on the most recent United States Geological Survey (USGS) Blue Line Survey Maps available for viewing in the Community Development Department, City of Walnut Creek.
B. Development: — Any improvement of real property which requires the issuance of a permit from the City which permit is subject to review pursuant to Section 3-8.05, or Chapter 1 (Subdivisions) or 2 (Planning and Zoning) of Title 10, a building permit or a grading permit.
C. Highly Protected Tree: — Any highly protected tree as defined in the City's Tree Preservation Ordinance. (Chapter 8 of Title 3 of the Municipal Code)
D. High Risk Area: — Any portion of a site which, if developed, would subject persons or property to a high level of risk for personal injury or property damage due to its proximity to a known hazard, including, but not limited to, any portion of a site within fifty feet of a cliff or fault line, within an unrepaired slide area or in a ravine.
E. Hillside Area: — Any property or portion of a property subject to this ordinance with an average slope of fifteen (15) percent or greater as defined by one of the density determination methods described in Sec. 10-2.3.406. below.
F. Net Site Area: — Total site area minus high risk areas, and areas designated as undevelopable.
G. Net Lot Area: — Total lot area minus existing and proposed roads, road easements, road rightsof-way, flags of flag lots, high risk areas and areas designated as undevelopable.
H. Ridgeline: — The ground line located at the highest elevation of the ridge running parallel to the
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City of Walnut Creek, CA § 10-2.3.402
WALNUT CREEK CODE
§ 10-2.3.405 long axis of the ridge.¶
I. Rossmoor: — The lands within the gated community of Rossmoor which are governed by P-D 1483 and its subsequent amendments.
J. Undevelopable Areas: — All portions of the site determined to be high risk areas as defined in D. above shall be designated undevelopable and shall automatically be excluded from density calculations. Those portions of a site where the slope is above 30%, and slopes within a 100 foot vertical drop of the ridgeline of any visually prominent ridge may be designated undevelopable and may be excluded at the discretion of the applicant (see also Sec. 10-2.3.407.D.). Areas designated undevelopable must be excluded from further calculations of net site area, minimum lot size and density.
K. Visually Prominent Ridge: — The highest hill or series of hills located within each of the Potential Ridge Areas indicated on the Zoning Map.
(§ 20, Ord. 2070, eff. 6/20/2008; § 4, Ord. 2239, eff. 7/5/2024)
§ 10-2.3.403. Applicability.¶
Except as exempted in Sec. 10-2.3.405 , any development of any residentially zoned properties or portions of same properties within the City's boundaries, excluding the Core Area and Rossmoor, which have an average slope of fifteen (15) percent or greater as defined herein shall be subject to the provisions of this article. Where there is a conflict between this article and other provisions of the Municipal Code, the most restrictive provisions shall apply.
§ 10-2.3.404. Approval Required.¶
Unless exempted in Section 10-2.3.405 , no new development shall be permitted on any property or portion of a property that is subject to this article unless said development is found to be consistent with this article. This determination shall be made by the reviewing body with the highest authority over any regular development application being sought. Other reviewing bodies in advisory roles on the application shall provide comments and recommendation to the final decision making body on the development's consistency with this article. When the application being sought does not normally require discretionary approval by the Community Development Director, the Planning Commission or the City Council, the discretionary authority for determining consistency shall be given to the Zoning Administrator. Where public notice is not normally required for an application, the noticing requirements of Section 10-2.4.302 shall apply. (§ 4, Ord. 2239, eff. 7/5/2024)
§ 10-2.3.405. Exemptions.¶
The following items are exempt from the provisions of this article:
A. Additions to existing homes, where the addition does not exceed ten percent (10%) of the original house size before construction of the addition.
B. Accessory dwelling units.
C. Urban lot splits.
D. The construction of new SB 9 dwelling units.
E. Any other minor change to the current conditions of the site which the Community Development
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City of Walnut Creek, CA § 10-2.3.405
ZONING
§ 10-2.3.406
Director finds will not be inconsistent with the intent and purpose of this article and for which the required findings and development standards are either not applicable or are met without any changes to the submitted plans.
(§ 12, Ord. 2188, eff. 3/8/2019; § 12, Ord. 2234, eff. 11/17/2023; § 4, Ord. 2239, eff. 7/5/2024)
§ 10-2.3.406. Permitted Densities.¶
The maximum density permitted on any property subject to this article shall be determined by using the density determination table shown below where the average slope is calculated as follows:
- A. Average Slope Calculation for Sites or Portions of Sites Generally Rectangular in Shape and Sloping Uniformally in One Direction:
Compute the difference between the top elevation (T) and the bottom elevation (B) of the site or portion of the site in question. Divide that number (rise) by the horizontal distance between the top and bottom elevations (run). This distance is to be calculated using a line drawn perpendicular to the contour lines at a representative location within the parcel as determined by the Zoning Administrator. Multiply the resulting number by 100 to get the average slope (S) of the site or portions of the site in question.
Algebraic equation is: ((T - B) ÷ run) x 100 = S (RISE)
- B. Average Slope Calculation for Sites Not Described in A. above:
Measure the length of each contour (L1, L2, L3 ...) on the site in feet. Measure only those areas which are potentially developable (see definition of "undevelopable" in the definition section of this ordinance. Add them together (L). Multiply that number (L) by the contour interval of the map (I), then multiply that number by .0023. Divide the resulting number by the net site area (N) in acres. The resulting number shall be known as the average slope (S) of the site.
Algebraic equation:
(((L1 + L2 + L3 + ...) x I) x .0023) ÷ N = S
- C. Density Determination Table
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AVERAGE SLOPE(s) MAX. PERMITTED DENSITY*
0-14% Same as underlying zone.
15-16% 1.0 DU/ACRE
17-18% .9 DU/ACRE
19-20% .8 DU/ACRE
21-22% .7 DU/ACRE
23-24% .6 DU/ACRE
25-26% .5 DU/ACRE
27-28% .4 DU/ACRE
29-30% .3 DU/ACRE
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City of Walnut Creek, CA
WALNUT CREEK CODE
§ 10-2.3.406
§ 10-2.3.407
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AVERAGE SLOPE(s) MAX. PERMITTED DENSITY*
31-32% .2 DU/ACRE
33%-over .1 DU/ACRE
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Notes:
This does not prevent one single-family detached home from being built on any legal lot existing at the time this ordinance becomes effective regardless of its size, provided it complies with the other development standards of this article, the grading ordinance and those of the underlying zone. Where provisions may conflict, the most restrictive shall apply.
The Planning Commission may grant exceptions to these maximum density standards under Section 10-2.2.1702 of Article 17 (Planned Development District) or upon making all of the following three findings:
The site is physically suitable for additional units in that it contains additional natural building sites on the property.
The addition of such units will not create environmental damage nor pose public health, safety, or welfare problems.
The development meets all the property development standards described in Section 10-2.3.407 below and the Planning Commission can still make all the findings required in Section 10-2.3.409 , even with the additional units.
§ 10-2.3.407. Property Development Standards.¶
The following development standards shall apply to any development governed by this article.
- A. Cluster Design vs. Minimum Lot Area:
Infill projects in established single family areas shall be designed with detached single family homes on separate lots according to the minimum lot size of the underlying zone. The lots shall be designed and the houses sited in such a manner as to minimize environmental and visual impacts.
Multiple Family projects and large scale projects (projects encompassing fifty or more acres) which are located on the periphery of the City shall be encouraged to cluster homes in areas with the least environmental and visual impacts in lieu of meeting a minimum lot size requirement
B. Tree Preservation: There shall be no grading or construction of any kind within the area surrounding any highly protected tree for a distance of one and one-half times the distance from the trunk to the dripline except that an exception for minor grading may be granted consistent with Section 3-8.05(b) of Chapter 8 (Tree Preservation Ordinance) of Title 3 (Public Safety) of the Walnut Creek Municipal Code.
C. Grading: Grading of the property shall be designed to minimize disruption of the natural topography. Grading is discouraged on the site except for roads; driveways; garage pads; cuts under the house; cuts on the uphill side of the house which are screened from public view by the house or existing vegetation; site distance requirements; drainage; and soil stability purposes. All approved grading shall be done in such a manner that it presents a finished look of rounded slopes. All exposed graded areas shall be hydroseeded/relandscaped to minimize erosion. Roads should follow contour lines, where feasible, to minimize grading.
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City of Walnut Creek, CA § 10-2.3.407
ZONING
§ 10-2.3.408
D. Hillside/Ridge Preservation. No buildings or structures of any kind shall be constructed which encroach within a 100 foot vertical drop from the ridgeline of any visually prominent ridge or in such a manner that it breaks the skyline of any visually prominent ridge as viewed continuously for more than 1000 feet from any freeway, arterial, or scenic corridor within the City limits. No buildings or structures of any kind shall be constructed upon portions of any site where the true slope is above 30%. NOTWITHSTANDING the foregoing, development may be permitted when (1) the structure will be constructed on an existing lot which is accessed by an existing road which traverses the top of the ridge and placing the house lower on the hill would either increase grading on the site or prevent a gravity flow sewer connection; or (2) the proposed construction will be screened from public view from below due to existing mature vegetation; or (3) the existing lot depth is not adequate to construct a home elsewhere on the site.
E. Rock Outcroppings: Significantly visible rock outcroppings shall be preserved and incorporated into any approved landscape/site plan to the greatest degree possible.
F. Yards and Lot Coverage: Minimum yards and maximum lot coverage shall be determined as part of the hillside development review process taking into account the need to preserve natural features on the site, minimize shadows on adjacent properties and preserve views, but in no case shall they be less than that required by the underlying zone.
G. Creek, Landslide, and Fault-Line Setbacks: No structures shall be built within 50 feet of a fault line, within 50 feet of the top of a creek bank or within that setback from a known landslide area recommended in a soils report prepared for the proposed development. Where significant riparian vegetation exists beyond the limits required above for creek setbacks, the setback line shall be extended to include such areas.
H. Exclusions: Any area of the site which has been excluded from density calculations shall be precluded from further residential development by a scenic easement, dedication of open space, deed of development rights or other appropriate method.
I. Antennas: Receiving and/or transmitting antennas shall be sited on the site in such a manner that the base is screened from public view and the top of the antenna does not break the skyline any more than is reasonably necessary to function properly
J. Drainage: Any increased runoff from the site due to proposed improvements to the site shall be collected and conveyed off the property in a manner that does not negatively impact downstream properties.
K. Screening of Mechanical Equipment: All mechanical equipment on site shall be screened from view off site, where feasible.
L. Exterior Lighting: Exterior lighting shall be designed and installed in such a manner that the light source is shielded from view off the site unless a finding is made that such lighting is necessary for safety reasons.
M. Pools: The siting and design of pools and pool-related structures shall be subject to review and approval of the Community Development Director.
(§ 4, Ord. 2239, eff. 7/5/2024)
§ 10-2.3.408. Conditions of Approval.¶
In the recommendation for approval and in the approval of a project submitted under this ordinance,
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City of Walnut Creek, CA § 10-2.3.408
WALNUT CREEK CODE
§ 10-2.3.409. Required Findings for Project Approval.¶
A. The proposed development complies with the purpose and intent of the Hillside Performance Standards as well as the specific property development standards required therein.
B. The proposed development, as conditioned, minimizes disruption of the natural topography, preserves the appearance of scenic ridgelines, and protects natural features on the site in their natural state such as heritage quality trees, creeks, riparian corridors, stock ponds, hillslopes, knolls, ridgelines, outcroppings and natural habitat areas to the greatest degree possible.
C. The proposed infill development, as conditioned, maintains a high quality residential design while reflecting existing residential patterns and character.
D. The proposed development, as conditioned, minimizes the impact of new residential development, to the extent feasible, upon existing residents' views.
E. Drainage systems, such as detention basins, have been considered, where applicable to preserve natural creek channels.
F. Open space lands within the proposed development have been left in private ownership, unless public ownership or access is desirable or necessary.
G. The proposed development has been reviewed against the seismic and slope instability hazard maps and the Association of Bay Area Governments (ABAG) Ground Shaking and Damage Potential maps, after which a geotechnical analysis was made and designated high risk areas have been designated as undevelopable on the approved plans.
H. The homes have been sited in such a manner as to protect natural features of the site, minimize grading, preserve the appearance of scenic vistas, minimize the risk of property damage and personal injury due to seismic hazards and slope instability and minimize shadows on adjacent properties, where practicable.
I. The design of the homes including massing, roof lines, exterior materials, colors, and decking have been designed to complement the terrain.
J. Proposed landscaping, as conditioned, preserves the natural character of the area while minimizing erosion and fire hazard risks to persons and property.
K. The project is consistent with the City's General Plan.
L. The project, as conditioned, protects the public health, safety, and general welfare of persons residing in and around the area as well as the community at large.
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City of Walnut Creek, CA § 10-2.3.501
ZONING
§ 10-2.3.503 Article 5¶
§ 10-2.3.501. Purpose.¶
Consistent with California Code of Regulations Title 7, Division 1, Chapter 4 and California Government Code Section 66314 et seq., and the purpose of this article is to allow accessory dwelling units in all zones which permit single-family or multiple-family dwellings or religious assembly uses, and to allow junior accessory dwelling units in all zones which permit single-family dwellings. The provisions of this article are intended to promote the development of small rental housing units designed to meet the housing needs of individuals and families, particularly those of low and moderate incomes, and for persons who are elderly or have disabilities. The provisions of this article are also intended to establish objective criteria for accessory dwelling units and junior accessory dwelling units to streamline the review process in compliance with state law.
(§ 7, Ord. 2018, eff. 8/14/2003; § 1, Ord. 2027, eff. 5/6/2004; § 6, Ord. 2173, eff. 10/20/2017; § 23, Ord. 2210, eff. 10/22/2021; § 3, Ord. 2241, eff. 7/19/2024; § 3(3), Ord. 2246, eff. 11/15/2024)
§ 10-2.3.502. Density Exemption.¶
Pursuant to Section 66319 of the California Government Code, accessory dwelling units and junior accessory dwelling units are not included in the minimum or maximum density calculations established by the underlying zoning district.
(§ 3(3), Ord. 2246, eff. 11/15/2024)
§ 10-2.3.503. Number of Units Permitted.¶
A. Single-Family Residential. Where permitted by the land use regulations of the base district, one (1) accessory dwelling unit from Type 1 as specified below, one (1) accessory dwelling unit from Type 2 as specified below, and one (1) junior accessory dwelling unit subject to the requirements of Section 10-2.3.505 are permitted on lots containing an existing or proposed single-family dwelling. Units from Types 1.a-c and 2.a shall be considered "state exempt ADUs."
Type 1 – Attached/Conversion ADUs.
a. An accessory dwelling unit within a proposed single-family dwelling which has already been granted design review approval pursuant to Part IV, Article 12, Design Review , or issued a building permit pursuant to Title 9, Building Regulations . Such units shall include an exterior entrance independent of the primary dwelling, and may be located within a garage or carport attached to the primary dwelling.
b. Conversion of a portion of an existing single-family dwelling to an accessory dwelling unit. Such units shall include an exterior entrance independent of the primary dwelling, and may be located within a garage or carport attached to the primary dwelling.
c. Conversion of an existing accessory structure to an accessory dwelling unit, with up to one hundred fifty (150) square feet of additional floor area if necessary to accommodate ingress and egress.
d. A new construction accessory dwelling unit attached to an existing single-family dwelling, provided the unit is proposed or constructed prior to any other accessory dwelling units on the lot.
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City of Walnut Creek, CA § 10-2.3.503
WALNUT CREEK CODE
§ 10-2.3.503 2. Type 2 – Detached New Construction ADUs.¶
a. A detached new construction accessory dwelling unit not exceeding eight hundred (800) square feet in floor area or the building height permitted under Section 10-2.3.504(A)(3)(a), and located at least four (4) feet from all interior side, corner side, and rear lot lines.
- b. A detached new construction accessory dwelling unit exceeding eight hundred (800) square feet in floor area, provided the unit is proposed or constructed prior to any other accessory dwelling units on the lotB. Multiple-Family Residential. Where permitted by the land use regulations of the base district, multiple state exempt ADUs described below are permitted on lots containing an existing or proposed multiple-family dwelling structure or structures, as follows:
All lots are permitted multiple detached accessory dwelling units not exceeding the building height permitted under Section 10-2.3.504(A)(3)(a), and located at least four (4) feet from all interior side, corner side, and rear lot lines. The maximum number of detached accessory dwelling units shall be as follows:
a. On lots with an existing multiple-family dwelling structure(s), the number of detached accessory dwelling units shall not exceed the number of existing units on the lot or eight (8), whichever is less.
b. On lots with a proposed multiple-family dwelling structure(s), no more than two (2) detached accessory dwelling units may be added to the project regardless of whether the project is still under review, has already been granted design review approval pursuant to Part IV, Article 12, Design Review, or has been issued a building permit pursuant to Title 9, Building Regulations. For the purposes of this subsection (B), this provision shall not apply to a lot that proposes to expand existing multiple-family dwelling structure(s).
For existing multiple-family dwelling structure(s), the maximum number of converted accessory dwelling units located completely within existing areas not used as livable space within the multiple-family dwelling structure(s) (including any attached garages or carports), shall not exceed twenty-five percent (25%) of the total number of existing multiple-family dwelling units on the lot, or at least one (1) unit, whichever is greater. For purposes of this subsection, "livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation; however, if "livable space" is defined differently in California Government Code Section 66313 or its successor statute, the latter definition shall control.
C. Lots With a Religious Assembly Use. Where permitted by the land use regulations of the base district, not more than two (2) accessory dwelling units shall be located on a single lot containing a religious assembly use, when the following requirements are met:
- The lot is owned entirely by the entity that operates the on-site religious assembly use.
- The lot is located in a zone that permits religious assembly uses. When a lot contains a religious assembly use and a single-family and/or multiple-family dwelling, the accessory dwelling unit permitted due to the religious assembly use shall be in addition to any accessory dwelling units permitted due to the single-family and/or multiple-family dwelling.
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City of Walnut Creek, CA § 10-2.3.503
ZONING
§ 10-2.3.504
For the purposes of this section, when a religious assembly use occupies multiple lots, only one (1) of these lots shall be eligible for an accessory dwelling unit; provided, that if the accessory dwelling unit is not located on the lot containing the primary building used for religious services, a covenant shall be recorded on the lot containing the accessory dwelling unit prohibiting separate conveyance of said accessory dwelling unit lot from the lot containing said religious services building.
(§ 7, Ord. 2018, eff. 8/14/2003; § 1, Ord. 2027, eff. 5/6/2004; § 6, Ord. 2173, eff. 10/20/2017; § 23, Ord. 2210, eff. 10/22/2021; § 3(3), Ord. 2246, eff. 11/15/2024; § 3, Ord. 2250, eff. 9/5/2025; Formerly 10-2.3.502)
§ 10-2.3.504. Property Development Standards for Accessory Dwelling Units.¶
The following property development standards shall apply to all accessory dwelling units other than those state exempt ADUs permitted pursuant to Sections 10-2.3.503(A)(1)(a) through (A)(1)(c), (A)(2)(a), and (B), located in the base districts where they are a permitted use. Pursuant to Section 66323 of the California Government Code, accessory dwelling units permitted pursuant to Sections 10-2.3.503(A)(1)(a) through (A)(1)(c), (A)(2)(a), and (B) are exempt from all property development regulations (including, but not limited to, setbacks, height, density, lot coverage, distance between buildings, minimum or maximum floor area ratio, design review, landscaping, storage space for residential units, nonconforming conditions, elevators, parking and loading, hillside performance standards, and property development standards for accessory dwelling units) contained elsewhere in this chapter, including any planned development district or overlay zone, and also the provisions of Title 3, Chapter 8, Preservation of Trees on Private Property .
A. Property Development Regulations. All property development regulations of the base district in which the property is located shall apply, except as otherwise specified in this article. In the P-D and H-P-D or their successor districts, where no standards are specified, the development standards based on the district that most closely matches existing development in regards to land use and lot size (but not over the lot size) shall apply. The following exceptions shall apply in all base districts:
No greater than a four (4) foot setback from any interior side, corner side, or rear lot line shall be required for an accessory dwelling unit.
The maximum lot coverage, minimum open space, front setback, and floor area ratio shall be waived in the amounts necessary to accommodate an accessory dwelling unit with a gross floor area of up to eight hundred (800) square feet in compliance with the requirements of subsection (A)(1) of this section.
The maximum building height of the base district shall apply to accessory dwelling units, or portions thereof, that comply with the minimum setbacks of the base district. For all other accessory dwelling units, or portions thereof, the maximum building height shall be as follows:
a. Sixteen (16) feet for a detached accessory dwelling unit, except as follows:
- i. Eighteen (18) feet shall be allowed on lots within one-half (1/2) mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the California Public Resources Code, plus an additional two (2) feet to accommodate a roof pitch matching that of the primary dwelling structure.
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City of Walnut Creek, CA
WALNUT CREEK CODE
§ 10-2.3.504
§ 10-2.3.504
- ii. Eighteen (18) feet shall be allowed on lots with an existing or proposed multilevel multifamily dwelling.
b. Twenty-five (25) feet, but not more than two (2) stories, for an attached accessory dwelling unit.
- Notwithstanding any other provisions, when a new accessory dwelling unit structure is constructed in the same location and to the same dimensions as an existing structure (as measured by existing width, length, and height), the setbacks and height of the existing structure shall apply. This provision shall not prohibit a new structure that is intended to replace an existing structure from deviating from the dimensions of the existing structure, provided such deviation complies with all regulations applicable to a new structure.
B. Size. The maximum gross floor area for an accessory dwelling unit shall be based on net lot area as follows:
==> picture [428 x 98] intentionally omitted <==
----- Start of picture text -----
Maximum Gross Floor Area:
Net Lot Area: Studio or One Bedroom Two or More Bedrooms
14,999 square feet or less 850 square feet 1,000 square feet
15,000 to 19,999 square feet 900 square feet 1,000 square feet
20,000 square feet or more 950 square feet 1,000 square feet
----- End of picture text -----
In addition to the foregoing limits, if greater than eight hundred (800) square feet, the gross floor area of an attached accessory dwelling unit connected to an existing single-family dwelling shall not exceed fifty (50) percent of the gross floor area of the existing single-family dwelling or religious assembly use.
- C.
Design.
Lots With a Single-Family or Multifamily Dwelling.
a. Exterior Entrances. An exterior entrance shall be provided for all accessory dwelling units, independent of the exterior entrance for the main dwelling. No exterior entrance to an attached accessory dwelling unit shall be located on the same building side as the main entrance to the main dwelling.
b. Internal Connections. All internal connections between an attached accessory dwelling unit and the main dwelling shall be secured by a door which can be locked independently from either side.
c. Architecture. The accessory dwelling unit shall be architecturally consistent with the main building by meeting the following requirements:
i. Exterior Siding and Trim. The accessory dwelling unit shall use the same exterior siding and trim materials as the main building, such as wood paneling or shingles, stucco, etc. When a main building uses multiple materials for siding and/or trim, the accessory dwelling unit shall use whichever material occupies the greatest percentage of the main building's siding and/or trim, as applicable.
ii. Building Shape. Non-rectangular (circular or triangular) floor plans, or exterior elements of floor plans, are not permitted unless matching the shape of the main
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City of Walnut Creek, CA § 10-2.3.504
ZONING
§ 10-2.3.504 building floor plan.¶
iii. Roof Form/Pitch. The accessory dwelling unit shall use the same roof form (e.g., hip, gable, etc.) and pitch as the roof form and pitch covering the greatest portion of the main building.
iv. Roof Materials. The accessory dwelling unit shall use the same roof material as the main building. When a main building uses multiple roof materials, the accessory dwelling unit shall use whichever material occupies the greatest percentage of the main building's roof.
v. Windows. The accessory dwelling unit's windows shall match at least two (2) of the following window design features of the main building's front facade (or street side facade if containing the main building entrance):
I. Type.
II. Shape.
III. Trim material and/or color.
IV. Mullions.
V. Lintels.
vi. Exceptions. The requirements of subsections (C)(1)(c)(i), (C)(1)(c)(iv), and (C)(1)(c)(v) of this section may be waived as follows:
I. If any standard conflicts with the California State Building Code or the City's Municipal Code, such standard shall be waived.
II. If any of the listed materials or window style, etc., for an existing dwelling are no longer commercially available, such standard may be waived; provided, that the accessory dwelling unit shall use a material or window style as close to the original as feasible, as determined by the Community Development Director.
III. Fiber cement or other composite materials, such as Hardie siding, may be used in lieu of natural wood siding, trim and/or roof materials; provided, that the dimensions of the new materials match those of the existing ones, as determined by the Community Development Director.
Lots With a Religious Assembly Use.
a. Attached accessory dwelling units shall be subject to the above provisions for lots with single-family or multiple-family dwellings, except that the accessory dwelling unit shall match the predominant building form, roof, and window placement/type of the main building, not including minarets, spires, and other architectural features that extend from the main roof, or stained-glass windows. Where stained glass-windows are the predominant window type of the main building, the accessory dwelling unit shall match the window shape but not the stained-glass treatment.
b. Detached accessory dwelling units shall be subject to the Design Review Standards and Guidelines for single-family dwellings, except that they shall utilize the same
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City of Walnut Creek, CA § 10-2.3.504
WALNUT CREEK CODE
§ 10-2.3.504
colors for exterior siding and trim as the predominant colors based on square footage covered of the main building. Exceptions may be requested as provided in the Standards and Guidelines.
D. Additional Design Standards for Garage Conversions. In cases where an accessory dwelling unit is created through the conversion of an existing garage and an addition over one hundred fifty (150) square feet is proposed, the garage conversion shall be architecturally consistent with the main building through one (1) of the following options:
The garage door is left operational to provide access to a storage space that is separated from the accessory dwelling unit by an interior partition wall. The partition wall shall not be constructed in such a manner as to fully or partially prevent the operation of the garage door. Adding new window openings or pass doors onto the garage door is prohibited.
The garage door is removed entirely and replaced with fenestration elements that are architecturally consistent with the main building as outlined under subsection (C) of this section. A landscaped area shall be installed to provide a minimum of three (3) feet of separation between the driveway and the former garage door. This landscaped area may be reduced to a depth as little as one (1) foot to maintain a minimum driveway length of eighteen (18) feet, as measured from the street line. No landscaping is required when the driveway serving the existing garage is less than nineteen (19) feet in length, as measured from the street line.
E. Off-Street Parking. No parking spaces are required for accessory dwelling units.
F. Second-Story Windows. Second-story windows located within ten (10) feet of a side or rear property line in an R, D-3, or SFH-PD1 district, or on a lot containing a single-family dwelling or religious assembly use in an M-3, H-P-D, or P-D district, shall have a sill height of not less than five (5) feet above the second-story floor.
G. Additional Limitations for Hillside Lots. The following limitations shall apply to any accessory dwelling unit located on any lot, or portion thereof, with an average slope of fifteen (15) percent or greater (as defined by one (1) of the density determination methods described in Section 10-2.3.406), unless located within the Core Area or Rossmoor (as defined in Section 10-2.3.402, Definitions ):
Due to the high levels of risk of property damage and personal injury, there shall be no grading or construction of any kind on any portion of the site where the true slope exceeds thirty percent (30%).
There shall be no grading or construction of any kind within the area surrounding any highly protected tree for a distance of one and one-half (1-1/2) times the distance from the trunk to the dripline (as those terms are defined in Section 3-8.02).
Grading shall only be allowed for driveways; garage pads; cuts under the accessory dwelling unit; cuts on the uphill side of the accessory dwelling unit which are screened from public view by the accessory dwelling unit or existing vegetation; sight distance requirements; drainage; and soil stability purposes. All grading shall be done in such a manner that it presents a finished look of rounded slopes. All exposed graded areas shall be hydroseeded/relandscaped to minimize erosion.
ling unit; cuts on the uphill side of the accessory dwelling unit which are screened from public view by the accessory dwelling unit or existing vegetation; sight distance requirements; drainage; and soil stability purposes. All grading shall be done in such a manner that it presents a finished look of rounded slopes. All exposed graded areas shall be hydroseeded/relandscaped to minimize erosion.
- No accessory dwelling unit shall be constructed within a one hundred (100) foot vertical
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City of Walnut Creek, CA § 10-2.3.504
ZONING
§ 10-2.3.505
drop from the ridgeline of any visually prominent ridge (as defined in Section 10-2.3.402) or in such a manner that it breaks the skyline of any visually prominent ridge as viewed continuously for more than one thousand (1,000) feet from any freeway, arterial, or scenic corridor within the City limits.
No accessory dwelling unit shall be constructed upon a rock outcropping which covers more than two hundred (200) square feet of land area.
No accessory dwelling unit shall be built within fifty (50) feet of a fault line, within fifty (50) feet of the top of a creek bank (as defined in Section 10-2.3.402), or within that setback from a known landslide area recommended in a soils report prepared for the proposed development. Where significant riparian vegetation exists beyond the limits required above for creek setbacks, the setback line shall be extended to include such areas.
All mechanical equipment on site shall be enclosed on all sides with an opaque vertical screen or wall at least as tall as the tallest piece of equipment.
Exterior lighting shall be designed and installed in such a manner that the light source is shielded from view off the site.
The ground floor of the portion of a building containing an accessory dwelling unit shall not be located more than four (4) feet above the base elevation (as defined in Section 10-2.1.303).
(§ 7, Ord. 2018, eff. 8/14/2003; § 1, Ord. 2027, eff. 5/6/2004; § 6, Ord. 2173, eff. 10/20/2017; §§ 13, 14, Ord. 2188, eff. 3/8/2019; § 23, Ord. 2210, eff. 10/22/2021; § 4, Ord. 2239, eff. 7/5/2024; § 3, Ord. 2241, eff. 7/19/2024; § 3(3), Ord. 2246, eff. 11/15/2024; § 3, Ord. 2250, eff. 9/5/2025; Formerly 10-2.3.503)
§ 10-2.3.505. General Regulations for Accessory Dwelling Units.¶
The following regulations shall apply to all accessory dwelling units:
A. Compliance With Building Code Regulations and Applicable Laws. Notwithstanding any other provision of this article, all accessory dwelling units shall comply with all applicable provisions of Title 9, Building Regulations, and any applicable state or federal law.
Occupancy. Notwithstanding the foregoing, construction of an accessory dwelling unit shall not constitute a Group R occupancy change under applicable provisions of Title 9, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the Building Official makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. However, this subsection shall not be construed to prevent future changes by the Building Official to the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use.
Fire Sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if the following conditions are met:
a. Fire sprinklers are not required for the primary residence.
b. Attached accessory dwelling units: The combined square footage of the existing primary residence and the attached accessory dwelling unit does not exceed 5,000
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City of Walnut Creek, CA § 10-2.3.505
WALNUT CREEK CODE
§ 10-2.3.506 square feet.¶
Detached accessory dwelling units shall comply with fire access distance requirements under the Fire Code. The construction of a detached accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary residence.
B. Length of Tenancy. The rental period or lease term for any accessory dwelling unit constructed pursuant to a building permit issued on or after January 1, 2020, shall be a minimum of thirty-one (31) days.
C. Sale Prohibited. An accessory dwelling unit shall not be sold or otherwise conveyed separately from the main building. Notwithstanding the foregoing, an accessory dwelling unit may be sold or conveyed separately from the main building to a qualified buyer if the accessory dwelling unit or primary dwelling was built or developed by a qualified nonprofit corporation as defined by Section 66340 of the California Government Code, and only if the sale complies with the requirements under Section 66341 of the California Government Code.
D. Delayed Enforcement. Notwithstanding any other provisions of this code, including but not limited to Chapter 2 of Title 1, Penalty Provisions , Chapter 7 of Title 1, Administrative Citations and Fines , and Chapter 0.5 of Title 9, Administration , a property owner who receives a notice of violation or similar correspondence from the City regarding a violation of Title 9, Building Regulations , in regards to an accessory dwelling unit constructed prior to January 1, 2020, may submit to the Building Official a request for a delay in enforcement pursuant to Section 17980.12 of the California Health and Safety Code, as it may be amended. Such request shall be made in writing, and shall include an explanation of the reason for the request. The Building Official shall review the request in accordance with Section 17980.12 of the California Health and Safety Code, and, except for issues that relate to an immediate danger to health or safety, shall provide a written response to the property owner not less than ten (10) calendar days prior to the issuance of any administrative citations or fines, pursuant to Chapter 7 of Title 1, Administrative Citations and Fines .
E. Demolition Permit. A demolition permit for a detached garage that is proposed to be replaced with an accessory dwelling unit shall be reviewed concurrently with the accessory dwelling unit application and issued at the same time as approval of the accessory dwelling unit application.
F. Noticing. Notwithstanding any other applicable provisions of this code, an applicant shall not be otherwise required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district as defined by this code.
(§ 7, Ord. 2018, eff. 8/14/2003; § 1, Ord. 2027, eff. 5/6/2004; § 6, Ord. 2173, eff. 10/20/2017; §§ 13, 14, Ord. 2188, eff. 3/8/2019; § 23, Ord. 2210, eff. 10/22/2021; § 4, Ord. 2239, eff. 7/5/2024; § 3, Ord. 2241, eff. 7/19/2024; § 3(3), Ord. 2246, eff. 11/15/2024; Ord. 2252, 11-18-2025, eff. 12-19-2025; Formerly 10-2.3.503; )
§ 10-2.3.506. Property Development Standards for Junior Accessory Dwelling Units.¶
The following property development standards shall apply to all junior accessory dwelling units located in the base districts where they are a permitted use:
A. Number of Junior Accessory Dwelling Units. Not more than one (1) junior accessory dwelling unit shall be located on a single lot.
B. Zoning Requirements. The junior accessory dwelling unit must be located completely within the
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City of Walnut Creek, CA § 10-2.3.506
ZONING
§ 10-2.3.506
gross floor area of either an existing single-family dwelling (including an attached garage), or a proposed single-family dwelling (including an attached garage) which has already been granted design review approval pursuant to Part IV, Article 12, Design Review , or issued a building permit pursuant to Title 9, Building Regulations . Pursuant to Section 66323 of the California Government Code, with the exception of the provisions of this section, the conversion of the floor area contained within the existing or proposed single-family dwelling into a junior accessory dwelling unit shall be exempt from all property development regulations (including but not limited to setbacks, height, density, lot coverage, distance between buildings, minimum or maximum floor area ratio, design review, landscaping, storage space for residential units, nonconforming conditions, elevators, parking and loading, and hillside performance standards) contained elsewhere in this chapter, including any planned development district or overlay zone, and also the provisions of Title 3, Chapter 8, Preservation of Trees on Private Property . Notwithstanding the foregoing, junior accessory dwelling units shall continue to comply with all applicable provisions and requirements of Title 9, Building Regulations , and nothing in these provisions shall supersede state or federal law.
C. Size. The maximum gross floor area for a junior accessory dwelling unit shall be five hundred (500) square feet.
D. Design. An exterior entrance is required for all junior accessory dwelling units, independent of the exterior entrance for the single-family dwelling. Where a junior accessory dwelling unit shares the bathroom facilities contained in the single-family dwelling, a direct unobstructed interior connection shall be provided at all times between the junior accessory dwelling unit and the bathroom facilities, and the interior connection shall not require passage through a locked door (except for a privacy lock on the bathroom door) or passage outside of the gross floor area of the junior accessory dwelling unit or single-family dwelling. In cases where the efficiency kitchen does not include a sink or refrigerator, a direct unobstructed interior connection shall be provided at all times between the junior accessory dwelling unit and the sink or refrigerator contained in the single-family dwelling, and the interior connection shall not require passage through a locked door or passage outside of the gross floor area of the junior accessory dwelling unit or single-family dwelling.
E. Off-Street Parking. No parking spaces are required for junior accessory dwelling units.
F. Owner Occupancy. The owner of a lot containing a junior accessory dwelling unit shall occupy either the junior accessory dwelling unit, the single-family dwelling containing the junior accessory dwelling unit, or an attached accessory dwelling unit connected to the single-family dwelling. Notwithstanding the foregoing, owner occupancy shall not be required if the junior accessory dwelling unit has separate sanitation facilities, or if the owner is another governmental agency, land trust, or housing organization, including those that meet the requirements of a qualified nonprofit corporation as defined by Section 66340 of the California Government Code.
G. Sale Prohibited. A junior accessory dwelling unit shall not be sold or otherwise conveyed separately from the main building.
H. Deed Restriction. A deed restriction, approved by the City Attorney, shall be recorded setting forth the provisions of subsections (A) through (D) and (G) of this section, Property Development Standards for Junior Accessory Dwelling Units, and that the deed restriction may be enforced against future purchasers.
I. Length of Tenancy. The rental period or lease term for any junior accessory dwelling unit shall be a minimum of 31 days.
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City of Walnut Creek, CA
WALNUT CREEK CODE
§ 10-2.3.506
§ 10-2.3.507
(§ 23, Ord. 2210, eff. 10/22/2021; § 3(3), Ord. 2246, eff. 11/15/2024; § 3, Ord. 2250, eff. 9/5/2025; Ord. 2252, 11-18-2025, eff. 12-19-2025; Formerly 10-2.3.504)
§ 10-2.3.507. Application Processing and Review Times.¶
A. Process. A building permit application for an accessory dwelling unit or junior accessory dwelling unit shall be submitted, and shall be considered and approved or denied ministerially without discretionary review within sixty (60) days of a completed application. If denied, the City shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
B. Review Times. The City shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within sixty (60) days from the date a completed application is received if there is an existing single-family or multifamily dwelling on the lot. If the building permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a building permit application to create a new singlefamily or multifamily dwelling on the lot, the City may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the City approves or denies the permit application to create the new single-family or multifamily dwelling, but the building permit application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the sixty (60) day time period shall be tolled for the period of the delay. If the City has not approved or denied the completed application within sixty (60) days, the application shall be deemed approved.
C. Certificate of Occupancy. Pursuant to Section 66328 of the California Government Code, the City shall not issue a certificate of occupancy for an accessory dwelling unit before the City issues a certificate of occupancy for the primary dwelling.
(§ 3(3), Ord. 2246, eff. 11/15/2024)
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City of Walnut Creek, CA § 10-2.3.601
ZONING
§ 10-2.3.601. Purpose.¶
The purpose of this ordinance is to implement the provisions of the California Child Day Care Act set forth in Chapter 3.4, 3.5 and 3.6 of Division 2 of the Health and Safety Code (Section 1596.70 et seq.), and to provide reasonable standards, restrictions and requirements specifically relating to child day care facilities.
§ 10-2.3.602. Exclusions.¶
The provisions of this article shall not apply to:
Those facilities and arrangements excluded from the provisions of the California Child Day Care Act pursuant to Section 1596.792 of the Health and Safety Code;
A. Recreation programs excluded from the provisions of the California Child Day Care Act pursuant to Section 1596.793 of the Health and Safety Code;
B. Extended day care programs which are located on the campuses of public or private schools and only provide before and after school care for those students enrolled in the school.
§ 10-2.3.603. Small Family Day Care Homes.¶
Notwithstanding any other provisions of this chapter, and pursuant to Section 1597.45 of the Health and Safety Code, small family day care homes which are properly licensed pursuant to the provisions of the Act shall be considered a residential use of property and shall be allowed as a matter of right in all areas of the City zoned for residential uses, including, but not limited to, planned development districts where residential uses are allowed. Small family day care homes shall also be allowed as a matter of right in single family dwellings and multiple family housing units in commercial zones. The operation of a small family day care home without proper state licensing shall constitute a violation of this article, and, in addition to any remedies available to the state under the Health and Safety Code, any individual maintaining such a use shall be guilty of an infraction subject to citation pursuant to Section 1-2.06 of the Walnut Creek Municipal Code.
(§ 3(2), Ord. 2248, eff. 2/21/2025)
§ 10-2.3.604. Large Family Day Care Homes.¶
Notwithstanding any other provisions of this chapter, and pursuant to Sections 1597.45 and 1597.46 of the Health and Safety Code, large family day care homes shall be considered a residential use of property and shall be allowed as a matter of right in all areas of the City zoned for residential uses, including, but not limited to, planned development districts where residential uses are allowed. The operation of a large family day care home without proper state licensing shall constitute a violation of this article, and, in addition to any remedies available to the state under the Health and Safety Code, any individual maintaining such a use shall be guilty of an infraction subject to citation pursuant to Section 1-2.06 of the Walnut Creek Municipal Code.
(§ 3(2), Ord. 2248, eff. 2/21/2025)
§ 10-2.3.605. Large Family Day Care Home - Permits.¶
Repealed by §3(2), Ord. 2248, eff. 2/21/25.
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City of Walnut Creek, CA
WALNUT CREEK CODE
§ 10-2.3.605
§ 10-2.3.606
(§ 21, Ord. 2134, eff. 11/20/2014; § 4, Ord. 2239, eff. 7/5/2024)
§ 10-2.3.606. Day Care Center.¶
A. Notwithstanding any other provision of this chapter, day care centers shall be permitted in any area of the City subject to the issuance of a conditional use permit by the Planning Commission pursuant to Part IV. Article 6. of this chapter, and subject to the provisions of this section.
B. Any person seeking a conditional use permit to operate a day care center shall submit an application for such permit to the Community Development Department setting forth any such reasonably required information which the Community Development Department shall request.
C. Notice of any public hearing held prior to a decision on an application for a conditional use permit to operate a day care center shall be as provided by Part IV, Article 3. of this chapter and by Government Code Section 65091.
D. The Planning Commission shall grant a conditional use permit to the applicant only upon making the required findings set forth in Part IV, Article 6. of this chapter and upon finding that the proposed day care center:
Complies with all City restrictions and regulations on yards, building height, setback and lot coverage standards in the zone in which the center is located. In P-D, H-P-D and commercial zones where no standards are specified, the Planning Commission shall have the authority to establish reasonable standards for yards, building heights, setbacks, and lot coverage;
Is compatible with the surrounding neighborhood, particularly in commercial districts;
Is located more than 500 feet from any other child day care center or large family day care home. Exceptions which decrease or eliminate this distance requirement may be approved by the Planning Commission;
Does not materially reduce the privacy otherwise enjoyed by residents of adjoining property;
Provides adequate access to the facility with minimal disruption to local traffic and circulation;
Seeks, by design and layout of the site, to avoid noise which may be a nuisance to neighbors.
E. In addition to conditions imposed by the Planning Commission in issuing a conditional use permit, the applicant shall also be required to:
Comply with the applicable provisions of the latest edition of the Uniform Building Code adopted by the City of Walnut Creek;
Comply with any standards promulgated by the State Fire Marshall and the Contra Costa County Consolidated Fire District relating to the subject of fire and life safety;
Be licensed or deemed to be exempt from licensure by the State of California as a day care center.
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City of Walnut Creek, CA § 10-2.3.701
ZONING
§ 10-2.3.701. Purpose.¶
The purpose of this ordinance is to implement the provisions of the California Beverage Container and Recycling and Litter Reduction Act set forth in Public Resources Code Section 14500, et seq., to allow the establishment of recycling facilities, and to set forth the zoning requirements, approval procedures and the criteria and standards for recycling facilities.
§ 10-2.3.702. Definitions.¶
For the purposes of this article, "Community Service Facility" shall mean any public building and any public or private school, church, or neighborhood center. For purposes of this article, community service facility shall not mean any public or private park, open space, playground or recreation area.
§ 10-2.3.703. Exemptions.¶
The following recycling facilities shall not be subject to the provisions of this article regulating the issuance of permits for or maintenance of collection facilities.
A. Small collection facilities (on-site storage containers) and reverse vending machines used by occupants of single family homes, duplex units and multiple family housing projects for the sole collection and storage of recyclable material generated by on-site residents. Storage containers must be enclosed or placed out of view of any public right-of-way.
B. Small collection facilities (storage containers) and reverse vending machines located on the premises of a commercial property and used solely for the recycling of material generated by that business or use where the recyclable materials are deposited solely by employees of the business. Storage containers must be enclosed or placed out of view of any public right-of-way.
C. Small collection facilities and/or reverse vending machines placed on the premises of a community service facility for the collection and storage of recyclable material generated solely by the host use. Any small recycling facilities intended for use by the general public are subject to the criteria and standards set forth in §10-2.3.705. No small recycling facilities may be placed on public land without the permission of the land owner (City, State, Federal).
D. Small recycling facilities used for a one-day special event. A short term promotional permit is required for the placement of collection facilities for events of a longer duration.
E. Small collection facilities consisting of storage containers similar in size and shape to regular trash receptacles placed in city parks and open space areas subject to review by the Community Development Director and the approval of the Park and Recreation Commission.
§ 10-2.3.704. Permits Required.¶
Every person who wishes to place, construct, and/or operate any collection and processing facility within the City of Walnut Creek shall first obtain a permit for the placement, construction, and/or operation of such facility in accordance with the provisions of this article. Any person who allows the placement, construction, or operation of such a facility in violation of this article is guilty of an infraction.
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City of Walnut Creek, CA § 10-2.3.704
WALNUT CREEK CODE
§ 10-2.3.705
A. Except as provided in subsection C. of this section, reverse vending machine facilities, small collection facilities, large collection facilities and processing facilities shall be allowed only in the zones designated in the following table, except that those planned development zones where the conditions of development do not expressly allow or disallow recycling facilities, and those planned development districts which allow commercial development shall be considered as permissible zones for reverse vending machine facility permits and small collection facility permits. Subject to the criteria and standards of this article, large collection facilities and processing facilities shall be allowed only upon the issuance of a conditional use permit issued pursuant to the provisions of this article.
B. Permits Required. Every person who wishes to place, construct, and/or operate any recycling facility within the City of Walnut Creek needs to obtain a permit, as follows:
==> picture [428 x 215] intentionally omitted <==
----- Start of picture text -----
TYPE OF
FACILITY PERMISSIBLE ZONES PERMIT REQUIRED
Reverse Vending All Commercial except Pedestrian Retail Community Development
Machine (P-R). In P-R Only in Convenience Director Approval
Zone. Residential - in Community
Service Facility Only
Small Collection All Commercial except Pedestrian Retail Community Development
Facilities (P-R). In P-R Only in Convenience Director Approval
Zone. Residential - in Community
Service Facility Only
Large Collection Service Commercial (S-C), Automobile Conditional Use Permit
Facilities Sales and Service (A-S)
Processing Facilities Service Commercial (S-C), Automobile Conditional Use Permit
Sales and Service (A-S)
----- End of picture text -----
- C. Notwithstanding any other provision of this chapter, small collection facilities established and maintained with City permission on and after July 1, 1987 located in any commercial zone, in a Convenience Zone within the P-R, Pedestrian Retail district, or in a residential district where the host use is a community service facility, shall be allowed without further review or permit requirements.
(§ 22, Ord. 2134, eff. 11/20/2014; § 4, Ord. 2239, eff. 7/5/2024)
§ 10-2.3.705. Criteria, Standards, and Procedure for Small Facilities.¶
- A. Procedure for Small Collection Recycling Facilities.
Any person wishing to obtain a permit for the placement, construction, and/or operation of a Reverse Vending Machine facility or small collection recycling facility shall apply therefore to the Community Development Director. The permit shall be issued upon a finding by the Director that the proposal meets all of the following criteria and standards:
For Reverse Vending Machine Facilities:
a. Location and Site Improvements - A reverse vending machine facility shall:
- (1) Be established in conjunction with a commercial use or community service
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City of Walnut Creek, CA § 10-2.3.705
ZONING
§ 10-2.3.705 facility;¶
(2) Be located on private property within 30 feet of the entrance to the commercial structure or inside a community service facility and shall not obstruct pedestrian or vehicular circulation;
(3) Occupy no more than 50 square feet of floor space per site including any protective enclosure;
(4) Be subject to design review approval by the Community Development Director pursuant to Part IV, Article 12, Design Review , for consideration of location, setbacks, pedestrian and vehicular circulation, landscaping, color and screening compatible with the area in which the facility will be located.
b. Operations - A reverse vending machine facility shall:
(1) Be no more than 8 feet in height;
(2) Be constructed of and maintained with durable waterproof and rustproof materials;
(3) Be maintained in a clean, litter-free condition on a daily basis;
(4) Have operating hours which coincide with the operating hours of the host use;
(5) Be illuminated to ensure comfortable and safe operation if operating hours include hours between dusk and dawn;
(6) Be emptied only between the hours of 8:00 a.m. and 5:00 p.m.
c.
Signs - A reverse vending machine facility shall:
(1) Be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and 24-hour phone number of the operator or responsible person to call if the machine is inoperative;
(2) Have a sign area of a maximum of four (4) square feet per machine, exclusive of operating instructions.
(3) Have all signs attached to the reverse vending machine or its shelter; no freestanding signs shall be permitted.
d.
- Parking - A reverse vending machine facility shall: - (1) Not occupy parking spaces and/or landscaping required by the City for the host use.
For Small Collection Recycling Facilities:
a. Location and Site Improvements - Small collection facilities shall:
b. Be established in conjunction with an existing commercial use or community service facility;
c. Be located on the same property as the host use or community service facility;
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City of Walnut Creek, CA § 10-2.3.705
WALNUT CREEK CODE
§ 10-2.3.705
d. Be no larger than 500 square feet and occupy no more than five (5) parking spaces not including space that will be periodically needed for removal of materials or exchange of containers;
e. Be subject to design review approval by the Community Development Director pursuant to Part IV, Article 12, Design Review , for consideration of location, setbacks, pedestrian and vehicular circulation, landscaping, color and screening compatible with the area in which the facility will be located.
Operations - Small collection facilities shall:
a. Accept only glass, metals, plastic containers, papers, and reusable items. Used motor oil may be accepted with the permission of the local public health official and/or fire marshal;
b. Use containers that are constructed of durable waterproof and rustproof material which have sufficient capacity to accommodate materials collected, and which are secure from unauthorized entry or removal of materials;
c. Store all recyclable material in containers or inside the mobile unit vehicle;
d. Be maintained free of litter and any other undesirable materials and be cleaned of loose debris daily. Mobile facilities from which trucks or containers are removed at the end of each collection day shall be swept at the end of each collection day;
e. If attended, operate between the hours of 9:00 a.m. to 7:00 p.m. if located within 500 feet of a property occupied or zoned for residential use;
f. Use no power-driven processing equipment except for reverse vending machines.
g. Be emptied only during the hours of 8:00 a.m. to 5:00 p.m.
Signs. Small collection facilities shall:
a. Clearly mark containers to identify the type of material which may be deposited and display a notice stating that no material shall be left outside the recycling enclosure or containers;
b. Be clearly marked to identify the name and telephone number of the responsible party if assistance is required, and the hours of operation;
c. May have signs, except freestanding signs; provided, that:
(1) Signs do not exceed a maximum of sixteen (16) square feet;
(2) Directional signs, bearing no advertising message, may be installed with the approval of the Community Development Director if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way;
(3) The Community Development Director may authorize increases in the number and size of signs upon findings that they are compatible with adjacent businesses and necessary to provide proper identification to intended users.
Parking - Small collection facilities shall:
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City of Walnut Creek, CA § 10-2.3.705
ZONING
§ 10-2.3.706
a. Require no additional parking spaces for customers of a facility that is located at the established parking lot of a host use. One space will remain available for the attendant, if needed;
b. Provide a clearly marked area for mobile recycling units to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;
c. Not occupy parking spaces, including the space for the attendant, if such use reduces available parking spaces below the minimum number required for the primary host use unless the facility is located in a Convenience Zone or a potential Convenience Zone as designated by the California Department of Conservation.
Exception from Parking Standards - A reduction in available parking spaces in an established parking facility within a Convenience Zone may be allowed as follows:
- a. For a commercial host use:
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----- Start of picture text -----
NUMBER OF AVAILABLE PARKING
SPACES MAXIMUM REDUCTION
0-25 0
26-35 2
36-49 3
50-99 4
100+ 5
----- End of picture text -----
b. For a community service facility: A maximum five (5) spaces reduction will be allowed when not in conflict with parking needs of the host use.
B. The Community Development Director shall deny a permit applied for under this section upon a determination that the applicant does not comply with the provisions of subsection (A) of this section or if the Community Development Director finds that the facility as proposed will have a detrimental effect on the public health, safety, or general welfare or that the applicant has been found to be in continuing violation of the provisions of this article at other facilities maintained by the applicant. Such findings shall be put in writing and provided to the applicant. Any permit issued under this subsection shall include the following condition: "This permit shall automatically expire, by operation of state law (Government Code Section 66787.6(a)), if the permittee's certificate is revoked pursuant to Section 14541 of the Public Resources Code."
(§§ 23, 24, Ord. 2134, eff. 11/20/2014; § 4, Ord. 2239, eff. 7/5/2024)
§ 10-2.3.706. Criteria, Standards and Procedure for Larger Facilities.¶
Any person wishing to obtain a permit for the placement, construction, and/or operation of a large collection facility or processing facility shall apply to the Planning Commission for a conditional use permit. The conditional use permit shall be issued if the Commission can make the findings required by Part III, Article 6. and finds that all of the appropriate standards and criteria below are met; provided, however, that the Planning Commission may impose standards stricter than those set out below upon a finding that such modifications are reasonably necessary to ensure (1) safe and adequate pedestrian and vehicular circulation at the recycling facility; (2) screening from noise, litter, dust, dirt, or other particulates, where the screening shall be compatible with the area in which the recycling facility will
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City of Walnut Creek, CA § 10-2.3.706
WALNUT CREEK CODE
§ 10-2.3.706
be located; (3) aesthetic design compatible with the area in which the recycling facility will be located; and (4) mitigation or elimination of any other problem identified with the recycling facility.
A. For Large Collection Facilities.
Location and Site Improvements - Large collection facilities shall:
a. Locate at least 300 feet from property occupied or zoned for residential use;
b. Operate in an enclosed building, or operate within an area enclosed on all sides by a solid board or masonry fence not less than six (6) feet in height;
c. Meet the setback and landscaping requirements provided for the zoning district in which the facility is located;
d. Be subject to design review approval.
Operations - Large collection facilities shall:
a. Limit all exterior storage of material to sturdy containers which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of non-flammable material. Oil storage must be in containers approved by the fire marshal and/or health official. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing;
b. Be maintained free of litter and any other undesirable materials, and be cleaned of loose debris on a daily basis;
c. Locate all containers provided for after-hours donation of recyclable materials at least 300 feet from any property zoned or occupied for residential use. Such containers shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials;
d. Use of light processing methods for the compacting, baling, plastic shredding, and other activities necessary for efficient temporary storage and shipment of materials, approved through a conditional use permit process or at the discretion of the Planning Commission if noise and other conditions are met;
e. Operate between the hours of 8:00 a.m. and 5:00 p.m. if the site abuts property occupied or zoned for residential use.
Signs - Large collection facilities shall:
a. Conform to the applicable provisions of Chapter 8 Sign Regulations.
b. Clearly mark containers to identify the type of material which may be deposited; the facility shall display a notice stating that no materials shall be left outside the collection containers;
c. Be clearly marked with the name and phone number of the facility operator and the hours of operation;
d. Allow identification and informational signs which meet the standards of Chapter 8 Sign Regulations; and directional signs, bearing no advertising message, may be
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City of Walnut Creek, CA § 10-2.3.706
ZONING
§ 10-2.3.706
installed with the approval of the Planning Commission, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way.
Parking - Large collection facilities shall:
a. Provide space on site for six (6) vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the Planning Commission determines that allowing overflow traffic above six (6) vehicles will not negatively impact surrounding businesses and public safety;
b. Provide one (1) on-site parking space for each commercial vehicle operated by the recycling facility and meet all parking requirements mandated by the zone in which the facility is located, except that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary such as when employees are transported in a company vehicle to a work facility.
B.
For Processing Facilities.
Location and Site Improvements - Processing facilities shall:
a. Not be located within 300 feet of a property occupied or zoned for residential use;
b. Operate in an enclosed building, except for incidental storage;
c. Meet setback and landscaping requirements provided for the zoning district in which the facility is located;
d. Be fenced along perimeter boundaries with either an 8 foot high solid board or masonry fence;
e. Be subject to design review approval.
Operations - Processing facilities shall:
a. Permit the operation of power-driven processing, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of recyclable materials and repairing of reusable materials;
b. May accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code;
c. Place all material in sturdy containers or enclosures which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable materials. Oil storage must be in containers approved by the fire marshal and/or health official. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing;
d. Maintain donation areas free of litter and any other undesirable materials, and be cleaned of loose debris daily;
e. Secure the site from unauthorized entry and removal of materials when attendants are not present;
f. Locate all containers provided for after-hours donation of recyclable materials at least
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City of Walnut Creek, CA § 10-2.3.706
WALNUT CREEK CODE
§ 10-2.3.708
300 feet from any property zoned or occupied for residential use. Such containers shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials;
- g. Not permit the distribution of dust, fumes, smoke, vibration, or odor so as to be detectable above ambient levels on neighboring properties.
Signs - Processing facilities shall:
a. Conform to the applicable provisions of Chapter 8 Sign Regulations.
b. Clearly mark containers to identify the type of materials that may be deposited. The facility shall display a notice stating that no materials shall be left outside the recycling container;
c. Be clearly marked to identify the name and telephone number of the facility operator and the hours of operation.
Parking - Processing facilities shall:
a. Provide space on site for the anticipated peak load of customers to circulate, park, and deposit recyclable materials. If the facility is open to the public, space will be provided for a minimum of ten (10) customers or the peak load, whichever is higher, except where the Planning Commission determines that allowing overflow traffic will not negatively impact surrounding businesses and public safety.
b. Provide one (1) on-site parking space for each commercial vehicle operated by the processing center and meet all parking requirements mandated by the zone in which the facility is located.
§ 10-2.3.707. Responsibilities of Property Owners and Supermarkets.¶
- A. Litter.
Every property owner who agrees, by contract or otherwise, to the placement, construction, and/ or operation of a recycling facility on his property shall be responsible for ensuring that the premises surrounding such facility are maintained free of litter, recyclable materials, and other debris.
Every supermarket as defined in Section 14526.5 of the Public Resources Code which contracts for the placement, construction, and/or operation of any recycling facility within the Convenience Zone of such supermarket shall be responsible for ensuring that the premises surrounding such facility are maintained free of litter, recyclable materials, and other debris.
B. Informational Signs.
Every supermarket as defined in Section 14526.5 of the Public Resources Code shall post, in convenient and visible locations within the supermarket or at the entrances or exits thereof, the locations of each permitted collection facility within the Convenience Zone of such supermarket.
§ 10-2.3.708. Modifications to Facility.¶
Any change in the type of facility or in its location shall require the prior approval of the City. If in the
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City of Walnut Creek, CA § 10-2.3.708
ZONING
§ 10-2.3.710
opinion of the Community Development Director the proposed change will result in a new facility, a new application under this article shall be required.
(§ 25, Ord. 2134, eff. 11/20/2014; § 4, Ord. 2239, eff. 7/5/2024)
§ 10-2.3.709. Appeals.¶
In the event that an application for a permit for a reverse vending machine facility or small collection facility is denied by the Community Development Director pursuant to the provisions of this article, an appeal may be filed with the City Clerk. Such an appeal shall be heard by the Planning Commission pursuant to Section 10-2.4.504.
(§ 26, Ord. 2134, eff. 11/20/2014; § 4, Ord. 2239, eff. 7/5/2024)
§ 10-2.3.710. Modification or Revocation.¶
The Community Development Director may modify or revoke a permit granted under this article under the procedures established by Section 10-2.4.412.
(§ 27, Ord. 2134, eff. 11/20/2014; § 4, Ord. 2239, eff. 7/5/2024)
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City of Walnut Creek, CA
ZONING
§ 10-2.3.801
§ 10-2.3.803
Get a plain-English answer with a citation back to this text.
Ask AI about this code▸Contents — Walnut Creek Zoning Code
- Chapter 10-1
- Chapter 10-2
▸Part II — BASE DISTRICT REGULATIONS
Overview- Article 13 — Amendments (Rezoning)
- Article 1
- Article 2 — Establishment of Districts
- Article 1 — Single-Family Residential District (R)
- Article 4 — High Density Residential Planned Development Distr…
- Article 6 — Pedestrian Retail District (P-R)
- Article 8 — Office Commercial District (O-C)
- Article 9
- Article 12 — Business Park District (B-P)
- Article 13
- Article 14 — Open Space/Recreation District (O-S-R)
- Article 15 — Community Facility District (C-F)
- Article 21
- Article 22
- Article 1 — Site Regulations
- Article 2
- Article 3
- Article 8 — Concurrent Sales of Gasoline and Alcoholic Beverages
- Article 9 — Inclusionary Housing
- Article 10 — Density Bonus Ordinance
- Article 12 — Alcoholic Beverage Sales
- Article 15 — Qualified Senate Bill 9 Properties
- Article 16 — Objective Standards for Emergency Shelters and Na…
- Article 1 — Planning Agency
- Article 6 — Conditional Use Permits
- Article 11 — Hillside Planned Development (H-P-D) Permit
- Chapter 10-3
- Chapter 10-4
- Chapter 10-5
- Chapter 10-6
- Chapter 10-7
- Chapter 10-8
- Chapter 10-9
- Chapter 10-10
- Chapter 10-11
- Chapter 10-12
- Chapter 10-13