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Part IV — ADMINISTRATION

Article 6 — Conditional Use Permits

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

10-2.4.601 Purpose.

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.

10-2.4.602 Application.

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.

10-2.4.603 Comments by Design Review Commission.

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.

10-2.4.604 Notice and Public Hearing.

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.

10-2.4.605 Findings.

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.

10-2.4.606 Decision.

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

10-2.4.607 Appeal.

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

10-2.4.608 Modification or Revocation.

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. 11/20/14)

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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…
  89. ▸ Part IV — ADMINISTRATION
    Overview
    1. Article 1 — Planning Agency
    2. Article 2 — Applications
    3. Article 3 — Notices and Hearings
    4. Article 4 — Decisions and Permit Review, Modification and Revo…
    5. Article 5 — Appeals
    6. Article 6 — Conditional Use Permits
    7. Article 7 — Special Use Permits
    8. Article 8 — Minor Use Permits
    9. Article 9 — Variances
    10. Article 10 — Planned Development (P-D) Permits
    11. Article 11 — Hillside Planned Development (H-P-D) Permit
    12. Article 12 — Design Review
    13. Article 13 — Amendments (Rezoning)
    14. Article 14 — Development Agreements
    15. Article 15 — Enforcement
    16. Article 16 — Reasonable Accommodation Application
    17. Article 17 — Community Benefit Agreements
    18. Chapter 3
    19. Chapter 3 — STREET NAMES AND ADDRESSES
    20. Chapter 5
    21. Chapter 5 — TRAFFIC IMPACT FEE
    22. Chapter 6
    23. Chapter 6 — WATER SUPPLY SYSTEMS
    24. Chapter 7
    25. Chapter 7 — SEWER SYSTEMS
    26. Chapter 8
    27. Chapter 8 — SIGN REGULATIONS
    28. Chapter 9
    29. Chapter 9 — GENERAL PLAN AND SPECIFIC PLANS
    30. Chapter 10
    31. Chapter 10 — PUBLIC ART
    32. Chapter 11
    33. Chapter 11 — PUBLIC IMPROVEMENT REIMBURSEMENTS
    34. Chapter 12
    35. Chapter 12 — DEDICATIONS FOR PARK PURPOSES
    36. Chapter 13
    37. Chapter 13 — FEE ON COMMERCIAL DEVELOPMENT FOR AFFORDABLE HOUS…

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