Article 6 — Conditional Use Permits

Each zoning district within the City permits particular uses which are suitable to the district. Certain other uses may or may not be compatible with the environs of the district depending upon the circumstances of the individual case. The conditional use permit allows such other uses to be reviewed and either permitted, if conditions of approval make the use suitable to the district and site, or prohibited, thereby assuring that the area will assume or retain the characteristics intended by zoning. A conditional use permit may only be granted for those uses designated as "a use permitted on approval of a Conditional Use Permit" in the "Land Use Regulations" section which governs the applicable zoning district.

An application for a conditional use permit may be filed with the Planning Commission as provided in Article 2 above. In addition, a preliminary site plan of the development and architectural renderings together with any other data required by the Community Development Director shall be submitted to the Planning Division together with the application.

The preliminary site plan and the architectural renderings, together with any other data required by the Community Development Director shall be submitted to the Design Review Commission for preliminary review of the site plan and building design. Within twenty-five (25) days after such submittal, the Design Review Commission shall advise the Planning Commission in writing of any comments it desires to make and any changes to the site plan or building design which it deems appropriate as a result of its preliminary review.

Upon receipt of the Design Review Commission comments, if any, a public hearing on the application shall be scheduled before the Planning Commission as provided in Article 3 above. Notice of the public hearing shall be given as provided in Article 3 above.

No conditional use permit may be granted unless the following findings are made:

• A. That the use, including any conditions imposed, is consistent with the general plan, any applicable specific plan and this chapter;

• B. That the proposed use, including any conditions imposed, will not be detrimental to the public health, safety or welfare; and

• C. Any findings required by the land use regulations for the zoning district within which the property subject to the use is located.

Following the public hearing, the Planning Commission may approve, conditionally approve or deny

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City of Walnut Creek, CA § 10-2.4.606

ZONING

§ 10-2.4.608

the application as provided in Article 4 above. The Planning Commission may approve the application subject to conditions which it believes, in its sole discretion, will make the proposed use consistent with the general plan or any applicable specific plan, or which will make the proposed use compatible with other uses in the vicinity, or which will otherwise promote the public health, safety and welfare. The Planning Commission may approve or conditionally approve the application subject to an expiration date of the permit. Unless otherwise provided, the approval or conditional approval of a conditional use permit application shall extinguish any other previously granted conditional use permit which applies to the subject property.

The decision of the Planning Commission may be appealed in accordance with Article 5 above.

The Planning Commission shall have continuing jurisdiction over conditional use permits even if approved by the City Council on appeal. A permittee may request a modification under Section 10-2.4.411. The City may modify or revoke the use permit in accordance with Section 10-2.4.412. (§ 17, Ord. 2134, eff. 11/20/2014)

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City of Walnut Creek, CA § 10-2.4.701

ZONING

There are certain land uses which, because of their unique character, cannot be classified into any of the various use classifications as set forth in this chapter, but which uses are integral parts of the community or provide a necessary service to the community. The special use permit allows such uses to be reviewed and adequately controlled or prohibited to assure that appropriate locations can be found for such uses and that no portion of the City will be adversely affected by such uses. The Planning Commission is empowered to grant special use permits in all land use districts for certain uses and pursuant to procedures set forth herein for the processing of conditional use permits.

In addition to the findings required for the granting of conditional use permits, no special use permit shall be granted except upon the finding that the use provides a necessary service to the community.

In approving a special use permit, the Commission shall have the authority to impose such conditions as it deems necessary to protect the best interests of the surrounding area or neighborhood, in line with the standards set forth in Part IV, Article 6. and with the General Plan.

Special uses shall include the following and other uses similar thereto:

• A. Public utility or public service uses whether publicly or privately owned, or public buildings, except corporation yards and storage of automotive equipment, and except transmission or distribution lines.

• B. The excavation of natural minerals or building and construction materials.

• C. Any other use, which because of its unique character, does not fit into any of the use classifications as set forth in this chapter.

Special use permits shall be processed in the manner required of conditional use permits as set forth in Part IV, Article 6. of this article.

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City of Walnut Creek, CA § 10-2.4.801

ZONING

Each zoning district within the City permits particular uses which are suitable to the district. Certain other minor uses may or may not be compatible with the environs of the district depending upon the circumstances of the individual case. The minor use permit allows such other minor uses to be reviewed and either permitted if conditions of approval make the use suitable to the district and site, or prohibited, thereby assuring that the area will assume or retain the characteristics intended by zoning. A minor use permit may only be granted for those uses which are permitted under this chapter subject to a minor use permit.

An application for a minor use permit may be filed with the Zoning Administrator as provided in Article 2 above.

A public hearing on the application shall be scheduled before the Zoning Administrator as provided in Article 3 above. Notice of the public hearing shall be given as provided in Article 3 above.

No minor use permit may be granted unless the following findings are made:

• A. That the use, including any conditions imposed, is consistent with the general plan, any applicable specific plan and this chapter;

• B. That the proposed use, including any conditions imposed, will not be detrimental to the public health, safety or welfare; and

• C. Any findings required by the land use regulations for the zoning district within which the property subject to the use is located.

Following the public hearing, the Zoning Administrator may approve, conditionally approve or deny the application as provided in Article 4 above. The Zoning Administrator may approve the application subject to conditions which her or she believes, in his or her sole discretion, will make the proposed use consistent with the general plan or any applicable specific plan, or which will make the proposed use compatible with other uses in the vicinity, or which will otherwise promote the public health, safety and welfare.

The decision of the Zoning Administrator may be appealed in accordance with Article 5 above.

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City of Walnut Creek, CA § 10-2.4.901

ZONING

The purpose of a variance is to permit minor adjustments to the strict application of the provisions of this chapter when there are peculiar circumstances applying to a parcel, such as unusual size, shape, topography, location or surroundings, which deprive the parcel of privileges enjoyed by other property in the vicinity which is within the same zoning classification. A variance may not be granted which authorizes a use which is not otherwise authorized by the zoning classification governing the subject parcel.

An application for a variance may be filed with the Zoning Administrator as provided in Article 2 above.

Upon receipt of a complete application, a public hearing on the application shall be scheduled before the Zoning Administrator as provided in Article 3 above. Notice of the public hearing shall be given as provided in Article 3 above.

No variance may be granted unless the following findings are made:

• A. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the regulations contained in this chapter deprives such property of privileges enjoyed by other properties in the vicinity and within the same zoning classification;

• B. That the variance, including any conditions imposed, is consistent with the general plan, any applicable specific plan and this chapter; and

• C. That the variance request, including any conditions imposed, will not be detrimental to the public health, safety or welfare.

Following the public hearing, the Zoning Administrator may approve, conditionally approve or deny the application as provided in Part IV, Article 4 . The Zoning Administrator shall impose any conditions necessary to assure that the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject parcel is located.

The decision of the Zoning Administrator may be appealed in accordance with Article 5 above.

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City of Walnut Creek, CA § 10-2.4.1001

ZONING

Planned Development (P-D) Permits

Certain areas of the City are contained within the Mixed Use Planned Development District (M-U) and the High Density Residential Planned Development District (M-H-D), where the development of property is permitted only as authorized by a planned development (P-D) permit issued pursuant to this article. The purpose of the P-D permit process is to assure that the intent and purpose of the M-U and M-H-D Districts are implemented.

(§ 16, Ord. 2194, eff. 6/7/2019; § 16, Ord. 2209, eff. 3/19/2021)

An application for a P-D permit may be filed with the Planning Commission as provided in Article 2 above. In addition to the data required under Article 2 , the application shall be accompanied by the following data prepared by a design team consisting of an architect, landscape architect and civil engineer, except that the Community Development Director may waive the requirement for any specific member of the design team or for filing any of these listed data when such is not applicable to the specific project:

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

• B. A topographical map showing existing contours and proposed lot lines which may be integrated with the site plan described above; the lot lines may be omitted if building locations on the site plan make proposed lot lines obvious; the topographical map may be omitted if the weighted incremental slope, as described in §10-2.5.1102(h), is less than ten;

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

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

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

• F. If the application includes residential uses, a statement in writing stipulating to the total number of bedrooms to be constructed;

• G. If the application is for a P-D permit for a residential development of five (5) or more acres,

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City of Walnut Creek, CA

WALNUT CREEK CODE

§ 10-2.4.1002

§ 10-2.4.1007

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

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

Upon determining that an application is deemed complete, the Community Development Director shall submit the application to the Design Review Commission for its preliminary review of the site plan and building design. Within twenty-five (25) days after such submittal, the Design Review Commission shall advise the Planning Commission in writing of any comments it deems appropriate as a result of its preliminary review.

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

Upon receipt of the Design Review Commission comments, if any, a public hearing on the application shall be scheduled before the Planning Commission as provided in Article 3 above. Notice of the public hearing shall be given as provided in Article 3 above.

The Planning Commission shall not recommend approval of, and the City Council shall not approve, a P-D permit unless the following findings are made:

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

• B. The proposed plan is consistent with the General Plan and any specific plan that may be applicable;

• C. The plan conforms to the purpose of the planned development district;

• D. The uses permitted and the conditions to the use are compatible with the site and its environs;

• E. If located within the O-23 Overlay Zone (the Almond-Shuey Overlay Zone), the plan complies with all provisions contained therein, including but not limited to the regulations pertaining to minimum setbacks and maximum building height.

(§ 16, Ord. 2194, eff. 6/7/2019; § 16, Ord. 2209, eff. 3/19/2021)

Following the public hearing, the Planning Commission may recommend to the City Council that the application be approved, conditionally approved or denied. The Community Development Director shall transmit the recommendation to the City Clerk.

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

Upon receipt of a recommendation from the Planning Commission concerning a P-D permit

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City of Walnut Creek, CA

ZONING

§ 10-2.4.1007

§ 10-2.4.1009

application, the City Clerk shall schedule a public hearing on the application before the City Council as provided in Article 3 above. Notice of the public hearing shall be given as provided in Article 3 above.

Following the public hearing, the City Council may approve, conditionally approve or deny the application as provided in Article 4 above. The City Council may approve the application subject to conditions which it believes, in its sole discretion, will make the proposed use consistent with the general plan, any applicable specific plan or the P-D zoning district, or which will make the proposed use compatible with other uses in the vicinity, or which will otherwise promote the public health, safety and welfare. The Council may also refer the matter back to the Planning Commission for further report and recommendation.

A P-D permit may be amended only by following the same procedures required for the issuance of a P-D permit. Notwithstanding the foregoing, minor deviations from the terms of the P-D permit shall be permitted and shall not be deemed amendments if such deviations do not involve an increase in the number of dwelling units and if the proposed development thereunder is determined in writing by both the City Engineer and the Community Development Director to substantially comply with the P- D permit.

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

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City of Walnut Creek, CA § 10-2.4.1101

ZONING