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Part III — REGULATIONS APPLYING IN ALL OR SEVERAL DISTRICTS Revised 6/25

Article 6 — Child Day Care Facilities

Walnut Creek Zoning Code · 2026-06 edition · updated 2026-07-07 · Walnut Creek

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. Revised 4/25

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. 2/21/25)

10-2.3.604 Large Family Day Care Homes. Revised 4/25

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. 2/21/25)

10-2.3.605 Large Family Day Care Home - Permits. Revised 4/25

Repealed by §3(2), Ord. 2248, eff. 2/21/25. (§21, Ord. 2134, eff. 11/20/14; §4, Ord. 2239, eff. 7/5/24)

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:

  1. 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;

  2. Is compatible with the surrounding neighborhood, particularly in commercial districts;

  3. 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;

  4. Does not materially reduce the privacy otherwise enjoyed by residents of adjoining property;

  5. Provides adequate access to the facility with minimal disruption to local traffic and circulation;

  6. 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:

  1. Comply with the applicable provisions of the latest edition of the Uniform Building Code adopted by the City of Walnut Creek;

  2. 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;

  3. Be licensed or deemed to be exempt from licensure by the State of California as a day care center.

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▸ Contents — Walnut Creek Zoning Code
Walnut Creek Zoning Code
  1. 10-1.101 Citation and Authority.
  2. 10-1.102 Purpose.
  3. 10-1.103 Conformity to General Plan, Specific Plans and Zoning…
  4. 10-1.104 Application.
  5. 10-1.105 Modification of Requirements.
  6. 10-1.201 Definitions.
  7. 10-1.202 Responsibilities.
  8. 10-1.301 General.
  9. 10-1.302 Division of Land—Five or More Parcels.
  10. 10-1.303 Division of Land—Four or Fewer Parcels. (Minor Subdiv…
  11. 10-1.304 Plat Maps.
  12. 10-1.305 Fees and Deposits.
  13. 10-1.402 Tentative Maps.
  14. 10-1.403 Final Maps.
  15. 10-1.501 Tentative Parcel Map.
  16. 10-1.502 Parcel Maps.
  17. 10-1.503 Waiver of Parcel Map Requirements.
  18. 10-1.601 Dedication of Streets, Alleys and Other Public Rights…
  19. 10-1.602 Park Land Dedication.
  20. 10-1.603 School Site Dedication.
  21. 10-1.604 Reservations.
  22. 10-1.605 Claims of Excessive Dedications.
  23. 10-1.701 Purpose.
  24. 10-1.702 Requirements and Procedures.
  25. 10-1.703 Physical Standards for Condominium Conversions.
  26. 10-1.704 Tenant Provisions.
  27. 10-1.705 Effect of Proposed Conversion on the City's Low- and …
  28. 10-1.706 Findings.
  29. 10-1.801 General.
  30. 10-1.802 Improvements Required.
  31. 10-1.803 Deferred Improvement Agreements.
  32. 10-1.804 Design.
  33. 10-1.805 Access.
  34. 10-1.806 Improvement Plans.
  35. 10-1.807 Improvement Agreement.
  36. 10-1.808 Improvement Security.
  37. 10-1.809 Construction.
  38. 10-1.810 Construction Inspection.
  39. 10-1.811 Completion of Improvements.
  40. 10-1.812 Acceptance of Improvements.
  41. 10-1.813 Supplemental Improvement Capacity.
  42. 10-1.901 General.
  43. 10-1.902 Initiation of Proceedings.
  44. 10-1.903 Contents of Petition.
  45. 10-1.904 Submittal of Petition to City Engineer.
  46. 10-1.905 City Council Approval.
  47. 10-1.906 Filing with County Recorder.
  48. 10-1.1001 Mergers not Required.
  49. 10-1.1002 Mergers Required.
  50. 10-1.1003 Notice of Intention to Determine Status.
  51. 10-1.1004 Hearing on Determination of Status.
  52. 10-1.1005 Determination of Merger.
  53. 10-1.1006 Determination When No Hearing is Requested.
  54. 10-1.1007 Request to Merge by Property Owner.
  55. 10-1.1008 Unmerged Parcels.
  56. 10-1.1009 Request for Determination by Owner.
  57. 10-1.1010 Fee for Mergers and Unmergers.
  58. 10-1.1101 Requirements.
  59. 10-1.1102 Form and Contents.
  60. 10-1.1103 Submittal and Approval by the City Engineer.
  61. 10-1.1104 Filing with the County Recorder.
  62. 10-1.1105 Fee.
  63. 10-1.1201 Citation and Authority.
  64. 10-1.1202 Purpose and Intent.
  65. 10-1.1203 Consistency.
  66. 10-1.1204 Definitions.
  67. 10-1.1205 Application.
  68. 10-1.1206 Filing and Processing.
  69. 10-1.1207 Expiration.
  70. 10-1.1208 Vesting on Approval of Vesting Tentative Map.
  71. 10-1.1209 Development Inconsistent with Zoning—Conditional App…
  72. 10-1.1210 Applications Inconsistent with Current Policies.
  73. 10-1.1211 Failure to Obtain Design Review Approval.
  74. 10-1.1301 Prohibition.
  75. 10-1.1302 Remedies.
  76. 10-1.1303 Certificate of Compliance.
  77. 10-1.1304 Notice of Violation.
  78. 10-1.1305 Penalties.
  79. 10-1.1306 Judicial Action.
  80. 10-1.1401 Purpose.
  81. 10-1.1402 Applicability—Ministerial Approval.
  82. 10-1.1403 Exceptions.
  83. 10-1.1404 Definitions.
  84. 10-1.1405 Urban Lot Split Requirements.
  85. Chapter 2
  86. Part I — GENERAL PROVISIONS
  87. Part II — BASE DISTRICT REGULATIONS
  88. ▸ Part III — REGULATIONS APPLYING IN ALL OR SEVERAL DISTRICTS Re…
    Overview
    1. Article 1 — Site Regulations
    2. Article 2 — Off-Street Parking, Loading, and Transportation De…
    3. Article 3 — Nonconforming Uses and Structures
    4. Article 4 — Hillside Performance Standards
    5. Article 5 — Accessory Dwelling Units
    6. Article 6 — Child Day Care Facilities
    7. Article 7 — Recycling Facilities
    8. Article 8 — Concurrent Sales of Gasoline and Alcoholic Beverages
    9. Article 9 — Inclusionary Housing
    10. Article 10 — Density Bonus Ordinance
    11. Article 11 — Water Efficient Landscaping
    12. Article 12 — Alcoholic Beverage Sales
    13. Article 13 — Reasonable Accommodation for Residential Uses
    14. Article 14 — Personal and Commercial Cannabis Activities
    15. Article 15 — Qualified Senate Bill 9 Properties
    16. Article 16 — Objective Standards for Emergency Shelters and Na…
    17. Article 17 — Ministerial Reviews Pursuant to State Law
  89. Part IV — ADMINISTRATION

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