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Affordable units in new housing (inclusionary) in Walnut Creek

Walnut Creek's own rules on affordable units in new housing (inclusionary), with the code text for every value.

Each rule below links to the section of the Walnut Creek Municipal Code it was read from, with the code text one click away (checked October 2026). General information, not legal advice.

What Walnut Creek's code says

Walnut Creek code What Walnut Creek's code adds
Exemptions
  • Accessory dwelling units are exempt.
    § 10-2.3.903 · code text
    1. Accessory dwelling units.
  • Urban lot splits are exempt.
    § 10-2.3.903 · code text
    2. Urban lot splits.
  • A single unit replacing one destroyed by fire, flood, earthquake or other act of nature is exempt.
    § 10-2.3.903 · code text
    4. A single unit being constructed to replace a single unit destroyed by fire, flood, earthquake or other act of nature.
Fee instead of units
  • Condominium conversion projects of fewer than 7 units may pay an in-lieu fee instead of providing inclusionary units.
    Applies: Applies to condominium conversion projects of fewer than 7 units.
    § 10-2.3.905 · code text
    a fee may be paid in lieu of providing (1) inclusionary units in an ownership project (other than condominium conversion), (2) inclusionary units in a rental project, (3) inclusionary units in a condominium conversion project of fewer than seven (7) units, and (4) fractional inclusionary units below seven-tenths (0.7) of a unit.
  • The amount is set by City Council resolution.
    § 10-2.3.905 · code text
    The City Council shall, from time to time, adopt a resolution setting forth the amount of the in-lieu fees.
  • Per square foot in-lieu fee, divided by the inclusionary requirement, times average unit square feet, times the fractional unit.
    Applies: Applies to fractional inclusionary units below 0.7 of a unit; average unit size is for the development.
    § 10-2.3.905 · code text
    The per square foot in-lieu fee divided by the applicable inclusionary requirement times the average square feet of a unit in the development times the fractional unit.
  • The fee shall not exceed the average estimated cost of otherwise providing the required inclusionary units.
    § 10-2.3.905 · code text
    The in-lieu fees shall not exceed the average estimated cost of otherwise providing the required inclusionary units affordable to a very low income household, a low income household or a moderate income household, as applicable, including but not limited to: (1) estimated construction costs, (2) the cost of land, (3) financing costs, (4) consultant costs (including without limitation architecture, engineering, and other costs), and (5) any indirect costs.

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

Does Walnut Creek require affordable units in new housing?

Walnut Creek's code: Accessory dwelling units are exempt. (§ 10-2.3.903); Urban lot splits are exempt. (§ 10-2.3.903).

General information, not legal advice.

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