Part IV — ADMINISTRATION

Article 3 — Notices and Hearings

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

10-2.4.301 Public Hearings.

The consideration of a proposal or application for, or an appeal concerning, any matter legally requiring a public hearing shall be conducted as a public hearing, including, but not limited to, a zoning amendment, variance, conditional use permit, special use permit, minor use permit, planned development (P-D) permit, hillside planned development (H-P-D) permit, certain design review approvals as required under Part IV, Article 12, Design Review, or community benefit agreement. (§14, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

10-2.4.302 Notice of Public Hearings. Revised 10/25

The Community Development Director shall give notice of public hearings by the Planning Commission or the Zoning Administrator, and the City Clerk shall give notice of public hearings by the City Council. Notice shall be given in all of the following ways. Where notice requirements for specific actions are also governed by State law (e.g., General Plan amendments (Government Code Sections 65353, 65354.5 and 65355); zoning ordinance amendments (Government Code Sections 65854 and 65856); variances, use permits, permit revocations and modifications (Government Code Section 65905); adoption, amendment and cancellation of development agreements (Government Code Sections 65867 and 65868)), the notice given shall be consistent with State law.

A. At least ten (10) days prior to a public hearing by the City Council on an application or proposal for any zoning amendment or a public hearing by the Planning Commission on an application or proposal for a zoning amendment which does not affect the permitted use of property, notice of the public hearing shall be published once in a newspaper of general circulation within the City.

B. At least ten (10) days prior to a public hearing on an application for, or an appeal concerning, a variance, conditional use permit, special use permit, minor use permit, planned development permit, hillside planned development permit, certain design review approvals, community benefit agreement, or any other public hearing required by law and not specifically provided for in this section, or a public hearing by the Planning Commission on an application or proposal for a zoning amendment which affects the permitted use of property, notice shall be given in all of the following ways:

  1. Notice shall be mailed or delivered at least ten (10) days prior to the hearing to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant. Notice of a public hearing on an application for a hillside planned development permit shall also be mailed to the representatives of all homeowners' groups within the City whose names are on file with the City.

  2. Notice shall be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide essential facilities or services to the project whose ability to provide those facilities and services may be significantly affected.

  3. Notice shall be mailed or delivered at least ten (10) days prior to the hearing to all owners of real property within three hundred (300) feet of the real property that is the subject of the hearing, using addresses from the latest equalized assessment roll, or alternatively using addresses from records of the County Assessor or tax collector at the option of the City if the City believes that such records contain more recent information. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection and subsection (B) (1) of this section is greater than one thousand (1,000), the City may, in lieu of such mailed or delivered notice, provide notice by placing a display advertisement of at least one-eighth (1/8) page in a newspaper of general circulation within the City at least ten (10) days prior to the hearing.

  4. The notice shall be posted at least ten (10) days prior to the hearing in at least three (3) public places within the City, including one (1) public place in the area directly affected by the proceeding.

C. Notwithstanding the foregoing, the notices required by subsection (B) of this section shall be provided at least twenty (20) days prior to a public hearing by the Planning Commission, when the hearing is for a proposed ordinance or amendment to a zoning ordinance affecting the permitted uses of property. (§7, Ord. 2134, eff. 11/20/14; §14, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24; §3, Ord. 2250, eff. 9/5/25)

10-2.4.303 Written Request for Notice.

Any person may file a written request for notice of public hearings with the City Clerk and the Community Development Director. The request must be renewed annually. The City Clerk and the Community Development Director may charge a fee which is reasonably related to the estimated cost of providing this service. All notices of public hearings which are given pursuant to Section 10-2.4.302 shall also be mailed or delivered at least ten (10) days prior to the hearing to any person who has filed a current request for notice pursuant to this section. (§18, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

10-2.4.304 Contents of Notice.

The notice given pursuant to Sec. 10-2.4.302. shall include the date, time and place of the hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing.

10-2.4.305 Conduct of Hearings.

Hearings by the City Council, Planning Commission, Design Review Commission and Zoning Administrator shall be conducted in accordance with procedures established by each respective body.