Walnut Creek Municipal Code Art. 2 Site Improvement

It is the declared intent of the City of Walnut Creek that development of property within the City of Walnut Creek shall be safe and orderly and the impacts of development on the existing community are properly mitigated. Therefore, the following regulatory provisions of this article are adopted for the purpose of stringent control of all aspects of site improvement.

(§ 2, Ord. 1803, eff. 8/27/1992)

a. No person shall do any of the following work without first having obtained a site development permit approved by the City Engineer.

(1) Construction of frontage improvements, installation of concrete or asphalt paving and parking lots according to this chapter and Title 10, Chapter 2, Part IV, Article 12, Design Review.

(2) Landscaping as required by Title 10, Chapter 2, Part IV, Article 12, Design Review.

(3) Construction of any improvements of the above mentioned type which may be required off-site.

(4) Construction of retaining walls which are not part of a building except as provided in subsections (b)(2) and (b)(3) of this section.

(5) Construction of, or replacement of, curbs, gutters and sidewalks required for residential building permits.

b. The following shall not require a site development permit:

(1) All site or off-site work which is being performed under the provisions of a subdivision improvement agreement and/or an encroachment permit.

(2) A concrete or concrete block retaining wall not supporting a surcharge with a height of less than four (4) feet measured from the bottom of the footing to the top of the wall.

(3) A wood retaining wall not supporting a surcharge with a height of less than three (3) feet measured from the finish grade to the top of wall.

(4) Any site improvement work which is determined to be minor in nature by the City Engineer, such as driveway repair and replacement, private area drainage systems and landscaping which does not require design review approval pursuant to Title 10, Chapter 2, Part IV, Article 12, Design Review.

(§ 2, Ord. 1803, eff. 8/27/1992; § 3, Ord. 2239, eff. 7/5/2024)

a. For the purposes of this chapter, the definitions listed under this section shall be construed as specified in this section. Words not defined shall have their common usage or technical definitions.

(1)

Development

or Improvement means any physical alteration to a site, including, but not limited to, construction of drainage facilities, streets, parking lots, landscaping and utilities.

(2)

Erosion Control

means the control of erosion and sedimentation from rain and runoff during and after project construction.

(3)

Frontage improvements

means sidewalks, curbs, gutters, conform pavement, street lights, utilities, storm drainage, and driveways, constructed as approved and in accordance with City standard plans and specifications.

(4)

Landscaping

means planting, irrigation systems, electrical control equipment, area drainage systems, fencing, decorative pavers, pathways and related improvements.

(5)

Off-site

means all property or easements not physically located on the site, or rights-of-way not contiguous to the site, in which the City has required improvements to be installed.

(6)

Pavement

means the paved area from the gutter lip to the centerline of the street.

(7)

Private street

means a street, easement, or way or other area open to and used by the public and/or several property owners for pedestrian and vehicular traffic which has not been dedicated to the public and accepted by the City Council.

(8)

Public street

means a street which is open to the public for pedestrian and vehicular traffic and which has been dedicated to the public and accepted by the City Council.

(9)

Site

means all that property within the legal lot lines of a parcel of property for which application is made for development. All streets or access rights-of-way, public or private, contiguous to said parcel shall be considered a part of the site from the centerline of said streets or accesses.

(10)

Street setback line

means the City adopted existing or future street right-of-way line to which street frontage improvements are constructed and right-of-way is dedicated to the City.

(§ 2, Ord. 1803, eff. 8/27/1992)

a. Plans for all site development shall be submitted for approval to the Public Services Department. Plans shall include, but not be limited to, drainage, erosion control, parking lots, driveways, retaining walls, subdrains, lighting, landscaping, fencing, walkways and utilities.

b. The plans shall include a survey, if required by the City Engineer, of the property proposed to be improved prepared and signed by a licensed land surveyor.

c. Landscape plans may include walkways, lighting, fencing, area drainage, mounds, planters, benches, arbors and other architectural features. Landscape plans shall be prepared and signed by a registered landscape architect.

d. The improvement plans shall be prepared and signed by a registered civil engineer and shall delineate the following information:

(1) A vicinity map.

(2) The exterior lines of the property defined by appropriate stakes or marks with bearings and distances between them.

(3) The distance along the street property line from a side line of the property to the nearest intersecting street or street monument.

(4) Contour lines at not more than two (2) foot intervals, which extend to the center of the street. All grades and contours shall be based on the U.S. Coast and Geodetic Survey Datum.

(5) The location of all existing buildings on the property.

(6) The location of existing street improvements, utilities, water courses and drainage facilities on or affecting the property, and any existing easements or proposed easements required;

(7) The location, dimensions and elevation of all the proposed improvements.

(8) Driveway profiles from the street centerline along both sides of the driveway to the garage or carport if the driveway slope is greater than ten percent (10%).

(9) The location of all existing trees as defined in Chapter 8 of Title 3 of the Walnut Creek Municipal Code relating to preservation of trees.

(10) Erosion control plans if construction is to be done between October 15th and April 15th. Plans shall be based on the "Manual of Standards for Erosion and Sediment Control Measures" from the Association of Bay Area Governments.

(§ 17, Ord. 2046, eff. 12/1/2005; § 2, Ord. 1803, eff. 8/27/1992)

a. No permit for construction of a new or replacement building or expansion of any building which increases the building floor area by more than fifty percent (50%) shall be issued, or variance granted, or use permit issued until the City Engineer shall state that:

(1) Adequate onsite and offsite storm drainage facilities are provided to convey storm drainage to an adequate point of discharge according to the City minimum drainage standards; and

(2) One of the following conditions has been satisfied:

(i) The frontage improvements have previously been installed in accordance with the street setback line; or

(ii) The frontage improvements, designed by a registered civil engineer, will be installed in accordance with the street setback line as a part of the site development permit at no cost or expense to the City; or

(iii) The City Engineer has found that physical constraints, practical difficulties, or extenuating circumstances exist and that the owner has entered into an agreement with the City to defer construction of the improvements to a future date determined by the City Engineer; or

(iv) If approved by the City Engineer, the owner has paid a fee in lieu of construction.

b. This section shall not apply to the issuance of a permit or to the grant of a variance for existing single-family homes that are not otherwise part of a new subdivision.

(§ 2, Ord. 1803, eff. 8/27/1992; § 1, Ord. 2170, eff. 5/18/2017)

Any Site Development Permit shall be subject to the following conditions:

a. Reconstruction of Existing Streets. If the structural section of the existing street along the site frontage is inadequate for the estimated traffic index, as determined by the City Engineer, the increased street structural section shall be constructed to the street centerline.

b. Dedication of Rights-of-Way and Easements. The City Engineer may require the developer to dedicate or offer to dedicate public rights-of-way and/or other easements as necessary. Dedications may include rights-of-way and/or easements for future streets and/or drainage facilities. Dedication or offer of dedication shall be made to the City in a form satisfactory to the City Attorney.

c. Private Streets. Access from a public street to all developed lots shall be concrete, asphalt concrete or other impervious surfacing material. Private streets shall be improved to public street standards. Width of improvements shall be determined by the City Engineer according to the minimum street design standards. A driveway approach shall be constructed for the connection of a private street to a public street. The applicant shall provide evidence of legal access to a public street.

d. Driveway Access. Driveway access from a public or private street shall be concrete, asphalt or other impervious surfacing material from the street to any covered vehicle parking space or parking lot. If an existing driveway is relocated, the existing driveway approach shall be removed and replaced with sidewalk.

e. Undergrounding of Overhead Utility Lines.

(1) For new construction and expansion of existing structures by fifty percent (50%) or more in the Core Area, as designated on the General Plan, all overhead utility lines along the development's frontage street(s) shall be undergrounded or an in lieu of undergrounding fee paid. Undergrounding shall be required for overhead lines on either side of the street. The fee shall be determined by the City Engineer based on one-half the estimated cost necessary to underground all overhead utility lines on both sides of the street. In lieu fees shall be deposited in a special undergrounding account to be used as approved by the City Council for future undergrounding of overhead utility lines within the Core Area.

(2) For new construction and expansion of existing structures by 50% or more outside the Core Area, undergrounding overhead utilities shall not be required. If the City Engineer finds that undergrounding of the utilities in the area is likely to occur within the ten-year period following approval of the development, the owner shall be required to pay a fee in lieu of undergrounding according to Section 9-16.10.a. The in lieu fee collected shall be used only for the undergrounding of utilities along streets adjacent to the development. If the fee is not used within the ten-year period, the City, upon request by the owner, shall refund the fee.

f. The City Engineer may impose additional conditions necessary to carry out the purpose of this Article.

(§ 2, Ord. 1803, eff. 8/27/1992)

The fee for issuance of a Site Development Permit shall be according to the Council resolution establishing fees and charges. Amount and type of security to guarantee the completion of the public and private improvements shall be set by the City Engineer based on the size of the development. Security may be a cash deposit with the City, a certificate of deposit, a bond or a combination of securities in a form acceptable to the City Engineer. Security shall be released upon completion of the improvements and written acceptance of the public and private improvements by the City Engineer.

(§ 2, Ord. 1803, eff. 8/27/1992)

No permit shall be granted until all the required data has been submitted, the plans have been approved by the City Engineer, all fees have been paid and security has been submitted.

(§ 2, Ord. 1803, eff. 8/27/1992)

a. If work has not commenced within six (6) months of the issuance of the permit, or the commencement date stated on the permit, the permit shall expire and become void. An extension of time may be granted by the City Engineer. Additional permit fees may be required. If work is not completed by the date stated on the permit, the permit shall expire and become void. The City Engineer may require re-submittal of plans and additional permit fees to grant an extension of the time for completion of the project.

b. If any person who has been issued a Site Development Permit violates the terms of the permit, or conducts or carries out the work in a manner which adversely affects the health, welfare, or safety of persons in the area of the work, or work is being done which is detrimental to the public welfare or injurious to property or improvements in the area, the permit shall be revoked or suspended upon notification to the person having the permit by the City Engineer. No work shall be done until a valid permit is issued.

(§ 2, Ord. 1803, eff. 8/27/1992)

No certificate of occupancy for any building shall be issued until the City Engineer has stated that the public and private improvements for which a Site Development Permit has been issued have been completed.

(§ 2, Ord. 1803, eff. 8/27/1992)