Walnut Creek City Zoning Code

The planning agency of the City of Walnut Creek, created pursuant to Government Code Section 65100 et seq., and conferred with the authority thereunder, shall consist of the following:

The City Council shall review and determine appeals of decisions of the Planning Commission; initiate, hear, and decide proposals for planned development permits and amendments to this chapter; and exercise the powers and duties prescribed by state law and local ordinance.

The Planning Commission shall:

The Design Review Commission shall:

The office of Zoning Administrator is hereby established in and for the City. The Community Development Director shall appoint any member of the Community Development Department as the Zoning Administrator. The City Council may adopt rules and regulations for the transaction of the business, scheduling of meetings, conduct of meetings, and related matters of the Zoning Administrator.

The Zoning Administrator shall:

Except as otherwise provided, the Community Development Director may delegate any of the duties and powers given to them to a designee appointed by the Director. The Director shall:

All applications for permits, design review, conditional use permits, variances or other approvals, as required by this article, shall be filed with the Community Development Department upon a form prescribed and furnished by the Community Development Director. The application shall contain a description of the property involved sufficient to identify it precisely, its street address, if any, a statement of all facts upon which the applicant relies if such is required, a statement of or reference to the reasons for the filing of the application, and a specific reference to the law, and section thereof, to which the application pertains. The application shall include a statement indicating whether the proposed project is located on a site which is included on any of the lists specified in Government Code Section 65962.5 relating to hazardous waste. Each application shall be verified by the owner or the owner's authorized agent or lessee of the property involved.

The fee for filing of all applications and appeals listed in this chapter shall be as adopted by resolution of the City Council. For those applications which are not processed with a fixed fee, a Statement of Understanding is required to be submitted with the application indicating that the applicant is filing an initial deposit. If the final costs are more than the deposit, the applicant will be billed for the additional charges. If the final costs are less than the deposit, the unused portion of the deposit will be returned. No part of any fixed fee shall be returnable, even though the application may be withdrawn.

Each application for a reasonable accommodation shall be accompanied by the information required by Section 10-2.4.1602. Each application for a community benefit agreement shall be accompanied by the information required by Section 10-2.4.1703. Any other application required by this article shall be in a form and manner on file with the Community Development Department, and accompanied by copies in a quantity as required by the Community Development Director of site plans, diagrams or other drawings, photographs or other pictorial presentation as may be necessary. Site plans shall be drawn to scale of an adequate size and shall indicate clearly and with full dimensions the following data where applicable:

Within thirty (30) days of receipt of an application, the Community Development Director shall review the application, determine whether the application is complete and send a written notice of such determination to the applicant. If the Community Development Director determines that the application is incomplete, the notice of determination shall specify the information necessary to make the application complete. Within thirty (30) days of receipt of additional submitted materials, the Community Development Director shall determine whether the application is then complete and send a written notice of such determination to the applicant. If following this additional submittal the Community Development Director has determined that the application is not complete, the applicant may appeal that determination to the Planning Commission by filing a written notice of appeal with the Community Development Director. The notice of appeal shall be filed within ten (10) days following the receipt of the written determination by the applicant. The Planning Commission shall issue a written determination on the appeal within sixty (60) days after receipt of the notice of appeal. The decision of the Planning Commission shall be final and shall not be appealable. Nothing in this section precludes an applicant and the City from mutually agreeing to an extension of any time limit provided by this section.

Upon receipt of a complete application, the Community Development Director shall determine whether the project is subject to the California Environmental Quality Act (CEQA), or if an exemption is supported thereunder. If the project is subject to CEQA and an exemption is not supported, the Community Development Director shall cause an environmental review of the project to be conducted in accordance with CEQA and the CEQA Guidelines adopted by the City. The applicant shall submit a fee in advance in an amount which will cover the cost of conducting the environmental review.

Upon determining that an application is complete and completion of any required environmental review, the Community Development Director shall schedule the application to be heard by the appropriate body, if a hearing is required.

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.

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.

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.

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.

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.

The City Council, the Planning Commission, the Zoning Administrator, or the Community Development Director, as the case may be, shall take action on the application within any applicable time periods specified in Government Code Section 65950 et seq., including any extensions thereof.

After the conclusion of the hearing or the public hearing, if any, the City Council, the Planning Commission, the Design Review Commission, the Zoning Administrator, or the Community Development Director, as the case may be, shall approve, conditionally approve, deny without prejudice or deny the application, or make recommendations to the City Council concerning a P-D permit or zoning amendment proposal. Any decision by the Zoning Administrator or the Community Development Director shall be in writing and shall be mailed to the applicant and to any other person who makes a written request for a copy of the decision. The burden of proof in all matters shall be on the applicant.

When making a decision on an application for a variance, conditional use permit, special use permit, minor use permit, planned development permit (P-D permit), hillside planned development permit (H-P-D permit), design review approval, or community benefit agreement, the City Council, the Planning Commission, the Design Review Commission, the Zoning Administrator, or the Community Development Director, as the case may be, shall make findings, including the applicable findings required by this chapter. When making recommendations to the City Council concerning a zoning amendment proposal, the Planning Commission or the Zoning Administrator, as the case may be, may make findings, but shall not be required to make findings.

In addition to all other requirements for issuance of a building permit, conditional use permit, special use permit, or minor use permit or the granting of a variance, no such permit shall be issued and no variance shall be granted until the City Engineer shall have certified that improvements for the handling of traffic, both vehicular and pedestrian, have been installed on the street or streets upon which the property involved abuts, or that contractual arrangements approved by the City Engineer have been made to provide such improvements at such time as the City Engineer shall request, at the sole expense of the applicant and without cost to the City.

No application which has been denied in whole or in part shall be filed again within one (1) year from such denial except by permission of the final decision-maker, unless the new application is substantially different or the conditions under which the previous denial was made have changed. Notwithstanding the foregoing, an application which has been denied without prejudice may be resubmitted at any time without making substantial changes to the application. If the Community Development Director refuses to accept the filing of a new application, such refusal shall constitute a decision which is appealable to the City Council pursuant to Title 1, Chapter 4.

Any action taken pursuant to this chapter that is subject to appeal shall be effective upon the expiration of the applicable appeal period. Any action taken pursuant to this chapter that this chapter deems to be final shall be effective upon approval, except in situations where the manner in which the decision-maker has complied with the California Environmental Quality Act has been appealed to the City Council in accordance with Public Resources Code Section 21151(c), in which case the action shall be final upon resolution of the appeal.

If the Zoning Administrator has taken no action in approving, conditionally approving, or denying any application filed pursuant to the provisions of this article, within twenty-one (21) days after the first meeting at which said application has been scheduled, such application and pertinent data shall be automatically referred to the Planning Commission for action unless the matter is continued further by the mutual consent of the Zoning Administrator and the applicant, or unless the applicant is not represented at the meeting at which time the application is scheduled to be heard and/or acted upon.

If the Planning Commission has taken no action in approving, conditionally approving, or denying any application, review, or appeal filed pursuant to the provisions of this article within thirty-five (35) days after the first meeting at which said application or appeal has been scheduled, the application and pertinent data shall be automatically referred to the City Council for action unless the matter is continued further by the mutual consent of the Planning Commission and the applicant or the appellant, or unless the applicant or appellant is not represented at the meeting at which time the application is scheduled to be heard and/or acted upon.

If the Design Review Commission has taken no action in approving, conditionally approving, or denying any application, review, or appeal filed pursuant to the provisions of this article within thirty-five (35) days after the first meeting at which said application or appeal has been scheduled, the application and pertinent data shall be automatically referred to the Planning Commission for action unless the matter is continued further by the mutual consent of the Design Review Commission and the applicant or the appellant, or unless the applicant or appellant is not represented at the meeting at which time the application is scheduled to be heard and/or acted upon.

In considering an appeal, the reviewing body shall conduct a de novo hearing, considering the appeal as a new matter. The reviewing body shall apply all laws and ordinances to the application as they exist at the time of the hearing on the appeal. The original applicant shall have the burden of proof. In considering the appeal, the reviewing body shall not be limited to the issues raised by the appellant. The reviewing body may grant, conditionally grant or deny the application. The reviewing body shall act on the appeal even if the appellant withdraws his or her appeal, but in such case may act without conducting a public hearing.

Except for actions taken by the Community Development Director on an application for design review approval as provided for in Article 12 of this chapter, or as otherwise provided in this chapter, any decision, action or determination of the Community Development Director is final and is not appealable. The Community Development Director may, but is not required to, refer any question concerning the interpretation or application of this chapter to the Planning Commission for review. For those decisions that are appealable, the procedures established in Section 10-2.4.502 shall apply, insofar as they may be made applicable.

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.

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.

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.

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.

No conditional use permit may be granted unless the following findings are made:

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.

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

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.

There are certain land uses which, because of their unique character, cannot be classified into any of the various use classifications as set forth in this chapter, but which uses are integral parts of the community or provide a necessary service to the community. The special use permit allows such uses to be reviewed and adequately controlled or prohibited to assure that appropriate locations can be found for such uses and that no portion of the City will be adversely affected by such uses. The Planning Commission is empowered to grant special use permits in all land use districts for certain uses and pursuant to procedures set forth herein for the processing of conditional use permits.

In addition to the findings required for the granting of conditional use permits, no special use permit shall be granted except upon the finding that the use provides a necessary service to the community.

In approving a special use permit, the Commission shall have the authority to impose such conditions as it deems necessary to protect the best interests of the surrounding area or neighborhood, in line with the standards set forth in Part IV, Article 6. and with the General Plan.

Special uses shall include the following and other uses similar thereto:

Special use permits shall be processed in the manner required of conditional use permits as set forth in Part IV, Article 6. of this article.

Each zoning district within the City permits particular uses which are suitable to the district. Certain other minor uses may or may not be compatible with the environs of the district depending upon the circumstances of the individual case. The minor use permit allows such other minor 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 minor use permit may only be granted for those uses which are permitted under this chapter subject to a minor use permit.

An application for a minor use permit may be filed with the Zoning Administrator as provided in Article 2 above.

A public hearing on the application shall be scheduled before the Zoning Administrator as provided in Article 3 above. Notice of the public hearing shall be given as provided in Article 3 above.

No minor use permit may be granted unless the following findings are made:

Following the public hearing, the Zoning Administrator may approve, conditionally approve or deny the application as provided in Article 4 above. The Zoning Administrator may approve the application subject to conditions which her or she believes, in his or her 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 decision of the Zoning Administrator may be appealed in accordance with Article 5 above.

The purpose of a variance is to permit minor adjustments to the strict application of the provisions of this chapter when there are peculiar circumstances applying to a parcel, such as unusual size, shape, topography, location or surroundings, which deprive the parcel of privileges enjoyed by other property in the vicinity which is within the same zoning classification. A variance may not be granted which authorizes a use which is not otherwise authorized by the zoning classification governing the subject parcel.

An application for a variance may be filed with the Zoning Administrator as provided in Article 2 above.

Upon receipt of a complete application, a public hearing on the application shall be scheduled before the Zoning Administrator as provided in Article 3 above. Notice of the public hearing shall be given as provided in Article 3 above.

No variance may be granted unless the following findings are made:

Following the public hearing, the Zoning Administrator may approve, conditionally approve or deny the application as provided in Part IV, Article 4. The Zoning Administrator shall impose any conditions necessary to assure that the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject parcel is located.

The decision of the Zoning Administrator may be appealed in accordance with Article 5 above.

Certain areas of the City are contained within the Mixed Use Planned Development District (M-U) and the High Density Residential Planned Development District (M-H-D), where the development of property is permitted only as authorized by a planned development (P-D) permit issued pursuant to this article. The purpose of the P-D permit process is to assure that the intent and purpose of the M-U and M-H-D Districts are implemented.

An application for a P-D permit may be filed with the Planning Commission as provided in Article 2 above. In addition to the data required under Article 2, the application shall be accompanied by the following data prepared by a design team consisting of an architect, landscape architect and civil engineer, except that the Community Development Director may waive the requirement for any specific member of the design team or for filing any of these listed data when such is not applicable to the specific project:

Upon determining that an application is deemed complete, the Community Development Director shall submit the application to the Design Review Commission for its 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 deems appropriate as a result of its preliminary review.

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.

The Planning Commission shall not recommend approval of, and the City Council shall not approve, a P-D permit unless the following findings are made:

Following the public hearing, the Planning Commission may recommend to the City Council that the application be approved, conditionally approved or denied. The Community Development Director shall transmit the recommendation to the City Clerk.

Upon receipt of a recommendation from the Planning Commission concerning a P-D permit application, the City Clerk shall schedule a public hearing on the application before the City Council as provided in Article 3 above. Notice of the public hearing shall be given as provided in Article 3 above.

Following the public hearing, the City Council may approve, conditionally approve or deny the application as provided in Article 4 above. The City Council may approve the application subject to conditions which it believes, in its sole discretion, will make the proposed use consistent with the general plan, any applicable specific plan or the P-D zoning district, 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 Council may also refer the matter back to the Planning Commission for further report and recommendation.

A P-D permit may be amended only by following the same procedures required for the issuance of a P-D permit. Notwithstanding the foregoing, minor deviations from the terms of the P-D permit shall be permitted and shall not be deemed amendments if such deviations do not involve an increase in the number of dwelling units and if the proposed development thereunder is determined in writing by both the City Engineer and the Community Development Director to substantially comply with the P-D permit.

The purpose of the H-P-D permit is to assure that the intent and purpose of the hillside planned development district are effectuated.

The terms and symbols used in this section shall have the following meanings:

Any application for an H-P-D permit shall be accompanied by the following data prepared by a design team consisting of an architect, landscape architect and registered civil engineer:

Following are the procedures for processing an application for an H-P-D permit:

In recommending approval of, or in approving an H-P-D permit, the following findings must be made:

In the recommendation for approval and in the approval of an H-P-D permit, conditions may be imposed which are deemed necessary to protect the public health, safety and general welfare in line with the standards set forth above.

The percentage of the site which must remain in open space or be devoted solely to recreation use shall be a minimum of twenty-five percent plus 1.5 times the WIS factor and a maximum of ninety percent. Recreation use as used in this section shall include only those lands which are offered for dedication as public parks and which are acceptable to the City. In addition, no development shall exceed the maximum building coverage allowed in the most comparable residential zoning district.

Development on any Open Space/Agriculture Lands, as defined in this Ordinance, shall: (a) be prohibited on slopes with existing grades of twenty percent (20%) or greater, or within 75 vertical feet of any Ridgeline, or within the area surrounding any Native Tree for a distance of one and one-half times the distance from the trunk to the dripline, which slopes and areas shall be left in their natural state; (b) not exceed a density of one (1) dwelling unit per ten (10) acres; (c) be limited to detached, single-family residential housing and normal appurtenances; (d) be located and constructed in such a manner as to prevent visual impacts on scenic vistas and existing neighborhoods; (e) not result in the cutting of or damage to any Native Tree; and (f) not be eligible for density bonuses, adjustments or averaging, including without limitation those provided in Section 10-2.4.1107.

Development within areas identified as High Risk Areas shall be limited to a maximum density of one (1) dwelling unit per twenty (20) acres. If any High Risk Area is located wholly or partly within Open Space/Agriculture Lands, said area shall be subject to the provisions of Section 10-2.4.1110, except that the maximum density shall be as specified in this Section 10-2.4.1111. An application for an H-P-D permit may be filed with the Planning Commission as provided in Article 2 above. In addition to the data required under Article 2, the application shall be accompanied by the following data prepared by a design team consisting of an architect, landscape architect and civil engineer, except that the Planning Manager may waive the requirement for any specific member of the design team or for filing any of these listed data when such is not applicable to the specific project:

The purpose of design review is to:

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:

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.

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.

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.

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

A design review decision made in accordance with this article may be appealed in accordance with Part IV Article 5, Appeals.

The purpose of this Article is to establish a procedure for the amendment of this Chapter. As used in this Article, the term "amendment" shall include, but not be limited to, any changes or additions to the regulations, land use boundaries or classifications of property established by this Chapter. This Article shall not apply to amendments to Article 12 (Design Review), which Article may be amended by the City Council by ordinance without notice or a public hearing.

The process of amending this chapter may be initiated in any of the following manners:

A public hearing on the proposed amendment shall be scheduled before the Planning Commission as provided in Part IV, Article 3 above. Notice of the public hearing shall be given as provided in Sec. 10-2.4.302. above.

Following the public hearing, the Planning Commission shall make a written recommendation that the City Council approve, conditionally approve, modify or deny the proposed amendment pursuant to Part IV, Article 4. above. The recommendation shall include the reasons for the recommendation and the relationship of the proposed amendment to the general plan and any applicable specific plan. Notwithstanding the foregoing, the Planning Commission may, but is not required to, make a recommendation to the City Council if the proposed amendment was initiated by the Planning Commission pursuant to Sec. 10-2.4.1302.

If the City Council has requested the Planning Commission to study and report upon an amendment and the Planning Commission fails to act upon such request within a reasonable time as determined by the City Council, the City Council may, by written notice, require the Planning Commission to render its recommendation within forty (40) days of the date of such notice. Upon receipt of the written notice the Planning Commission, if it has not done so, shall conduct the public hearing as required by Part IV, Article 3. If the Planning Commission does not render its recommendation to the City Council within the forty-day period, the Planning Commission shall be deemed to have recommended the approval of the proposed amendment.

Upon receipt of the recommendation from the Planning Commission, a public hearing on the proposed amendment shall be scheduled before the City Council as provided in Part IV, Article 3 above. Notice of the public hearing shall be given as provided in Sec. 10-2.4.302. above. Notwithstanding the foregoing, if the proposed amendment is limited to a proposal to change property from one zoning district to another and the Planning Commission has recommended against the adoption of such amendment, the proposed amendment shall be deemed denied and the City Council shall not be required to take any further action unless an interested person requests a hearing by filing a written request with the City Clerk. Such a request shall be filed within time limits and processed in the same manner as a Notice of Appeal pursuant to Sec. 10-2.4.503.

Following the public hearing, the City Council may approve, conditionally approve, modify or disapprove the proposed amendment pursuant to Sec. 10-2.4.1302 above. In approving any proposed amendment, the City Council shall consider the effect of the amendment on the housing needs of the region and balance these needs against the public service needs of its residents and available fiscal and environmental resources. Any ordinance adopted pursuant to this Chapter which, by its terms, limits the number of housing units which may be constructed on an annual basis shall contain findings as to the public health, safety, and welfare of the City to be promoted by the adoption of the ordinance which justify reducing the housing opportunities of the region. Notwithstanding the foregoing, any modification of the proposed amendment by the City Council which was not previously considered by the Planning Commission during its hearing on the proposal shall first be referred to the Planning Commission for its review and recommendation. Upon such a referral, the Planning Commission shall review the proposed modification but shall not be required to hold a public hearing thereon. The Planning Commission shall render its recommendation within forty (40) days after the referral, or such longer period as may be designated by the City Council. If the Planning Commission does not render its recommendation within such period, the Planning Commission shall be deemed to have recommended approval of the proposed modification. Following the Planning Commission's review of the proposed modification, the City Council shall consider the proposed amendment as modified in accordance with section 10-2.4.1302 and this section.

Pursuant to procedures set forth in this Article, any application or proposal for an amendment to the zoning district of property may include unincorporated territory adjoining the City, or may be composed entirely of unincorporated territory adjoining the City for the purpose of determining the zoning district that will apply to such property in the event of subsequent annexation to the City. Such zoning shall become effective at the same time that the annexation of such prezoned land becomes effective.

The purpose of this Article is to provide for the adoption of procedures and requirements for entering into development agreements with the owners of property concerning the development of such property.

The City Council may, by resolution, establish procedures and requirements for considering, reviewing and adopting development agreements consistent with Government Code sections 65864-65869.5.

All departments, officials, employees and agents of the City vested with the duty or authority to issue permits, regulatory licenses or other approvals shall conform to the provisions of this Chapter and shall not issue a permit, regulatory license or other approval for uses, buildings or purposes in conflict with the provisions of this Chapter. Any permit, regulatory license or other approval issued in conflict with the provisions of this Chapter shall be null and void.

The Community Development Director is authorized and directed to enforce all provisions of this chapter. The Community Development Director may enter upon any property at any reasonable time to inspect the property in the performance of duties pursuant to this chapter upon presenting credentials to the owner or occupant and obtaining such person's consent. If such consent is refused or the owner or occupant is not present at the property, the Community Development Director and his or her designees may enter the property in any manner permitted by law, including, without limitation, obtaining an inspection warrant pursuant to Section 1822.50 of the Code of Civil Procedure or, in situations which reasonably appear to present an immediate threat to public health or safety, without a warrant.

Any person who violates any provision of this Chapter shall be deemed guilty of a misdemeanor or an infraction. If charged as an infraction the penalty upon conviction of such person shall be a fine as set forth in section 1-2.01 of this Code. If charged as a misdemeanor, the penalty upon conviction of such person shall be imprisonment in the county jail for a period not to exceed six (6) months, or by a fine not exceeding One Thousand Dollars ($1,000) or by both such fine and imprisonment. Each and every day any violation of any provision of this Chapter continues shall constitute a separate offense.

Every violation of this Chapter is a public nuisance which may be abated pursuant to the procedures set forth in Chapter 6 of Title 1 of this Code or by any other procedure authorized by law.

The City Attorney is authorized to bring a civil action to enjoin any violation of this Chapter.

Any permit or variance granted pursuant to this chapter may be revoked in accordance with Section 10-2.4.412 as a result of any violation of this provisions of this chapter relating to such permit or variance.

The remedies provided by this Article shall be cumulative and not exclusive.

Conditions imposed on conditional use permits, minor use permits, temporary activity permits, variances, P-D permits, H-P-D permits, and amendments pursuant to the provisions of this article, which are not fully satisfied by the property owner, thereby requiring City enforcement action, constitute a property owner-imposed burden on City staff time. Accordingly, in the event that the property owner fails to comply fully with any such condition, the property owner shall be required to pay to the City actual costs incurred in taking appropriate enforcement action. Actual costs shall be determined in accordance with applicable provisions of the resolution of fees and charges.

In interpreting and applying the provisions of this Chapter, the provisions shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare. Except as specifically provided, this Chapter is not intended to impair or interfere with any vested property rights. In the event the provisions of this Chapter conflict with any provisions of the Building Code for the City of Walnut Creek, the more restrictive of such provisions shall apply.

Section 1094.6 of the Code of Civil Procedure shall be applicable to the City and to any administrative decision made by the City, its planning agency, officials, employees and agents, including, but not limited to, any decision or determination relating to a conditional use permit, minor use permit, temporary activity permit, variance or the interpretation, application or enforcement of this Chapter.

The purpose of granting an application for reasonable accommodation is to provide an individual with a disability, his or her representative, or a developer or provider of housing for an individual with a disability, a modification with respect to the application of land use, or zoning regulations, and in the application of land use, zoning, or building policies, practices or procedures when those regulations, policies and procedures act as a barrier to fair housing.

An application for reasonable accommodation may be filed with the Community Development Department as provided in Article 2 of this part. The application shall be accompanied by the following information:

Notice and conduct of the public hearing shall be according to Article 3 of Part IV of Chapter 2 of this title.

The reviewing authority shall approve the application, with or without conditions, unless it determines on the basis of substantial evidence that one (1) or more of the following findings cannot be made:

If the project requires other discretionary approval (such as a conditional use permit, design review, or variance) independent of the reasonable accommodation request, then the reasonable accommodation application will be decided prior to the other applications. Such decisions shall not be reconsidered as part of the subsequent approvals, but shall be regarded as independent entitlements.

The Zoning Administrator shall, within thirty (30) days of determining the application complete, approve, approve with conditions, or deny the application based on the findings set forth in Section 10-2.4.1604, and may impose such conditions as it deems necessary to ensure the accommodation will comply with the findings required in Section 10-2.4.1604 and fair housing laws. As part of consideration of a request for a reasonable accommodation related to construction of new dwelling or dwellings, the Zoning Administrator may consult with the Design Review Commission regarding the requested accommodation and any options that may result in a reasonable accommodation. While any request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

The decision of the Zoning Administrator may be appealed in accordance with Section 10-2.4.502. Appeals are subject to payment of the fee imposed on appeals in the City's Master Fee Schedule.

All improvements constructed under the auspices of this chapter shall be removed upon the vacation of the unit by the person to whom the reasonable accommodation was granted unless the Community Development Director, Zoning Administrator, Building Official, or other discretionary reviewing authority, as applicable, makes a determination as follows:

Medical information provided to the City related to the person for whom a reasonable accommodation is being requested shall be retained in a manner so as to respect the privacy rights of the applicant to the extent feasible, shall be kept confidential and shall not be made available to the public, pursuant to State and Federal law.

Upon receipt of the application required by Section 10-2.4.1602, but without the prior public hearing or notice required by Section 10-2.4.1603 and without the right of appeal provided by Section 10-2.4.1607, upon a showing of an urgent, temporary and unforeseen need made by or on behalf of an individual with a disability, the Zoning Administrator shall approve as a temporary reasonable accommodation temporary ramps and temporary and easily remediated alterations to a building that are not designed or intended nor allowed to remain for more than ninety (90) days following such approval during a period of temporary disability (ninety (90) days maximum) or during a period during which an application for reasonable accommodation has been made and has not been acted upon with finality. Any approved temporary reasonable accommodation shall be removed within the period of time established for such removal by the Zoning Administrator at the time of approval.

Consistent with the provisions of the General Plan, the West Downtown Specific Plan, the North Downtown Specific Plan, and the Community Benefits Program, this article is intended to provide an implementation mechanism whereby new development may be leveraged to provide community benefits, such as public infrastructure improvements, public and private open space, shared auto dealership parking, an upper upscale hotel, a neighborhood grocery store and other amenities that would serve the public and which could not be provided through public funding alone. This mechanism provides for developers to submit proposals for a community benefit agreement that is considered and approved by either the Planning Commission or the City Council, thereby enabling developers to rely on such agreement and to provide guidance for benefits desired by the City and the value of development bonus(es) in exchange for such benefits.

When permitted by the base district regulations, the provisions of this article shall apply to the granting of additional height, FAR and/or density, in exchange for developer-provided community benefits. Any additional height, FAR and/or density granted pursuant to this section shall be consistent with restrictions set forth in the General Plan, any applicable specific plan, and the Zoning Ordinance including Measure A and the O-23 Almond Shuey Overlay Zone. In no case shall additional height be granted in excess of that allowed by Measure A, the Building Height Freeze Initiative, as specified in Section 10-2.1.202(B), Building Height Zones.

An application for a community benefit agreement may be filed as provided in Article 2 of Part IV; however, it must be filed separate from and prior to the filing of any other permit or approval for a development project which relies upon the requested increase in height, FAR, and/or density. The application shall be accompanied by copies, in a quantity as required by the Community Development Director, of plans, diagrams, data, descriptions, photographs, or other presentation material as may be necessary for complete review and consideration of the proposed community benefit and requested increase in height, FAR, and/or density, and any items required by the community benefits program. In addition, an application for a community benefit agreement shall include a detailed description of the proposed community benefit, including scope, cost, and timing, as well as preliminary civil and/or architectural plans for any physical improvements that will be constructed as part of the proposed community benefit, including a site plan and, where appropriate, elevation drawings and a landscape plan.

For flexible community benefits as defined and set forth in the community benefits program, the application also shall include information needed to complete a cost-benefit analysis on the proposed community benefit in order for the City to evaluate the project's estimated financial benefit arising from the additional height, density and/or FAR against the value of the community benefit provided to the City. At a minimum, this information shall include conceptual sketches and/or descriptions of the associated development project that indicate the overall scale and reach of the project as well as related construction cost projections using the full rate set forth in the ICC building valuation table.

No community benefit agreement may be granted unless the following findings are made:

The procedure and criteria used for the evaluation and acceptance of community benefits, and the granting of additional height, FAR, and/or density, shall be as specified by the Community Benefits Program.

Public hearings shall be scheduled, and public notice shall be given, for consideration of community benefit agreements, as provided in Article 3 of Part IV of Chapter 2, Notices and Hearings.

Following the public hearing, the City Council or Planning Commission may, upon making the findings set forth in Section 10-2.4.1704, approve or deny the application as provided in Article 4 of Part IV of Chapter 2, Decisions and Permit Review, Modification and Revocation.

A decision of the Planning Commission may be appealed in accordance with Article 5 of Part IV of Chapter 2, Appeals. Decisions of the City Council are final.

Community benefits proposed under a community benefit agreement shall either:

An applicant desiring to modify the terms and conditions of a community benefit agreement may make such a request pursuant to Section 10-2.4.411, Request for Modification of Discretionary Permits or Entitlements. The grant or denial of a modification request shall be at the sole discretion of the City Council. The City may modify or revoke the community benefit agreement in accordance with Section 10-2.4.412, City-Initiated Review, Modification or Revocation of Discretionary Permits or Entitlements.