Article 12 — Design Review

The purpose of design review is to:

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

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

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

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

E. Establish a balanced and streamlined project review process, and promote and enhance good design, site relationships and other aesthetic considerations in the City. (§4, Ord. 2239, eff. 7/5/24)

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

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

B. New construction of SB 9 dwelling units.

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

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

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

i. Within any single-family residential district for:

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

b. New single-family dwellings or additions to single-family dwellings where the total gross floor area (including any garages and other buildings on the lot) exceeds four thousand five hundred (4,500) square feet.

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

1. Design review is required for the main building and the accessory structure is to be constructed concurrently with the main building; or

2. The total gross floor area of all buildings on the lot is equal to or greater than four thousand five hundred (4,500) square feet.

3. Accessory structures one hundred twenty (120) square feet or smaller in size may be exempted from the provisions of this article at the discretion of the Community Development Director.

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

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

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

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

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

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

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

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

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

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

b. New single-family dwellings where the new residential development succeeds the tear-down, demolition or removal of a previously existing residence, except where the resultant FAR for the lot including the new dwelling is less than 0.22 where tear-down or demolition is defined as demolition resulting in the elimination of fifty percent (50%) or more of the existing home's exterior wall area.

F. Housing for the homeless/emergency shelters.

G. Low barrier navigation centers. (§4, Ord. 2239, eff. 7/5/24; §3(25), Ord. 2243, eff. 9/7/24)

An application for design review shall be filed with the Community Development Department in a manner and form as provided in Part IV of Article 2, Chapter 2, Title 10 and as further prescribed by the Community Development Director. (§4, Ord. 2239, eff. 7/5/24)

A public hearing, when required on the application, shall be scheduled before the approving authority and noticed as provided in Part IV of Article 3, Chapter 2, Title 10. (§4, Ord. 2239, eff. 7/5/24)

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

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

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

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

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

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

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

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

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

viii. Condominium conversions of existing buildings.

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

x. Modifications of and/or additions to awnings and/or canopies.

xi. New, expanded, or restriped parking lots.

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

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

B. Major Project. A major project is any project that is not a minor project as previously defined. (§4, Ord. 2239, eff. 7/5/24; §4(5), Ord. 2244, eff. 11/1/24)

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

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

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

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

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

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

F. Transfer of Duties. Whenever any permit, issued prior to June 15, 1973, pursuant to the provisions of this title, contains a reference to subsequent reviews by the Planning Commission or Zoning Administrator regarding matters within the scope of this article, such review shall be conducted by the Community Development Director or the Planning Commission pursuant to the provisions of this chapter. (§4, Ord. 2239, eff. 7/5/24)

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

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

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

D. Decision. The Design Review Authority shall approve an application for ministerial design review without discretion or a public hearing, if the project satisfies all applicable, and objective, policies, actions, and standards in the General Plan, an applicable specific plan, the Municipal Code, and the Citywide Design Review Standards and Guidelines maintained by the Community Development Department. The Design Review Authority may approve the application subject to conditions of approval consistent with applicable State laws and the provisions of this article. If a project does not satisfy all of the previously listed provisions to be ministerially approved, the Community Development Director shall, in writing, notify the project applicant that the application is not approved. However, such notification shall not preclude the applicant from revising the application as necessary to comply with the previously listed provisions to obtain approval. (§4, Ord. 2239, eff. 7/5/24)

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

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

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

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

E. Denial. The Design Review Authority may deny an application for objective design review or impose conditions of approval requiring the project to be developed at a lower density (including conditions that impact the project's ability to provide residential units) only if it makes written findings supported by a preponderance of the evidence in the record that both of the following conditions exist:

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

ii. There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to subsection (E)(i) of this section, other than the disapproval of the project or the approval of the project upon the condition that it be developed at a lower density. (§4, Ord. 2239, eff. 7/5/24)

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

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

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

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

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

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

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

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

E. Decision. The Design Review Authority may approve, conditionally approve, or deny an application for discretionary design review as provided in Part IV, Article 4. The approving authority may approve the application subject to such conditions as it deems necessary, in its sole discretion, to protect the best interests of the surrounding neighborhood and the public health, safety and welfare and to make the proposed plan consistent with the standards set forth in this article, the general plan and any applicable specific plan. The review and decision of the discretionary design review application shall be limited to those matters specified in this chapter as being within the scope of design review and shall not include permitted uses, building floor areas, parking standards, traffic circulation issues and engineering standards. (§4, Ord. 2239, eff. 7/5/24)

A design review decision made in accordance with this article may be appealed in accordance with Part IV Article 5, Appeals. (§4, Ord. 2239, eff. 7/5/24)