Chapter 10-2 ZONING: PART IV. ADMINISTRATION

PART IV. ADMINISTRATION

Article 1. Planning Agency

10-2.4.101 Composition of Planning Agency. Revised 9/24

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:

A. City Council;

B. Planning Commission;

C. Design Review Commission;

D. Zoning Administrator;

E. Community Development Director. (§3, Ord. 2106, eff. 1/6/12; §4, Ord. 2239, eff. 7/5/24)

10-2.4.102 Responsibilities of City Council.

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. (§3, Ord. 2106, eff. 1/6/12)

10-2.4.103 Responsibilities of Planning Commission. Revised 9/24

The Planning Commission shall:

A. Hear applications and City Council proposals for amendments to this chapter, initiate studies of amendments to this chapter and make recommendations to the City Council for amendments to this chapter;

B. Hear and decide applications for conditional use permits and variances in conjunction with a conditional use permit;

C. Hear and decide applications for design review approval referred to the Planning Commission by the Design Review Commission;

D. Hear and make recommendations to the City Council concerning hillside planned development (H-P-D) permit applications and planned development (P-D) permit applications;

E. Hear and decide authorized appeals from decisions or determinations made by the Zoning Administrator and the Community Development Director as enumerated in this chapter;

F. Hear and decide proposals for the revocation or modification of conditional use permits;

G. Hear and decide, when applicable, applications for tree removals under Title 3, Chapter 8;

H. Exercise such other powers and duties as are prescribed by State law or City ordinance or as are assigned by the City Council. (§3, Ord. 2106, eff. 1/6/12; §3, Ord. 2134, eff. 11/20/14; §4, Ord. 2239, eff. 7/5/24)

10-2.4.104 Responsibilities of Design Review Commission. Revised 9/24

The Design Review Commission shall:

A. Review and make recommendations to the Planning Commission on major subdivisions, conditional use permits, design review, and P-D and H-P-D zoning;

B. Exercise such other powers and duties as are prescribed by City ordinance or assigned by the City Council. (§4, Ord. 2134, eff. 11/20/14; §2, Ord. 2153, eff. 7/8/16; §4, Ord. 2239, eff. 7/5/24)

10-2.4.105 Creation and Responsibilities of Zoning Administrator. Revised 9/24

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:

A. Hear and decide applications for variances;

B. Hear and decide applications for minor use permits;

C. Hear and decide, when applicable, applications for design review approval;

D. Hear and decide, when applicable, applications for tree removals under Title 3, Chapter 8;

E. Hear and decide applications under Section 9-2.06 for moving buildings that are placed within the City;

F. Hear and decide applications for large family day care home permits upon request of an applicant or affected party;

G. Exercise such other powers and duties as are prescribed by City ordinance or assigned by the City Council;

H. The Zoning Administrator may determine that, because of the probable controversial nature of any proposal, or because of the significance to the City, the Planning Commission should hear and decide an application, in which case the procedures established in Section 10-2.4.301 et seq. shall be followed. (§4, Ord. 2106, eff. 1/6/12; §5, Ord. 2134, eff. 11/20/14; §4, Ord. 2239, eff. 7/5/24)

10-2.4.106 Responsibilities of the Community Development Director. Revised 9/24

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:

A. Serve as the administrative officer of the Community Development Department;

B. Serve as the official secretary of the Planning Commission and Design Review Commission;

C. Advise the City Council, Planning Commission, and Design Review Commission;

D. Conduct investigations and make reports and recommendations on matters relating to planning and land use, zoning, subdivisions, design review, architectural and environmental controls;

E. Hear and decide, when applicable, applications for design review approval;

F. Review such other matters as directed. (§4, Ord. 2106, eff. 1/6/12; §6, Ord. 2134, eff. 11/20/14; §4, Ord. 2239, eff. 7/5/24)

Article 2. Applications

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10-2.4.201 Application Form. Revised 9/24

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. (§5, Ord. 2106, eff. 1/6/12; §4, Ord. 2239, eff. 7/5/24)

10-2.4.202 Application Fee.

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.

10-2.4.203 Required Data. Revised 9/24

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:

A. Exterior boundary lines of the property indicating easements, dimensions and lot size.

B. All adjacent streets or rights-of-way, including bicycle, equestrian and hiking trails.

C. Location, elevations, size, height, dimensions, materials, colors, and proposed use of all buildings and structures (including walls, fences, signs, lighting and hooding devices) existing and intended to remain on the site.

D. Distances between all structures and between all property lines or easements and structures.

E. Any nearby buildings which are relevant to this application.

F. All existing trees (as defined in Section 3-8.02) on the site, giving type and location and any other significant plant material, with a notation as to those that are to be retained and those that are to be removed.

G. Any existing significant natural features such as rock outcroppings, highly protected trees, creeks, knolls and ridgelines.

H. Location, number of spaces, and dimensions of off-street parking spaces, loading docks, and maneuvering areas; indicate internal circulation.

I. Pedestrian, vehicular and service points of ingress and egress; driveway widths, and distances between driveways.

J. Proposed landscaping; include quantity, location, varieties and container size.

K. Proposed grading plan (for sites having over five (5) foot grade differential), showing existing and proposed contours, and the direction and path of drainage on, through and off the site; indicate any proposed drainage channels or facilities.

L. Required and existing street dedications and improvements such as sidewalks, curbing and pavement. Indicate widths, radii of curves, street grades and whether streets are public or private.

M. Other such data as may be required to permit the Planning Commission, the Zoning Administrator, or the Community Development Director to make the required findings for approval of the specific type of application and to permit an environmental review of the application.

N. Scale shown as "Scale: 1 inch = ____ feet" and north arrow.

O. Vicinity map indicating nearby cross streets in relation to site (need not be to scale). (§5, Ord. 2131, eff. 7/18/14; §13, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

10-2.4.204 Determination of Complete Application. Revised 9/24

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. (§18, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

10-2.4.205 Environmental Review. Revised 9/24

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. (§4, Ord. 2239, eff. 7/5/24)

10-2.4.206 Hearing Schedule. Revised 9/24

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. (§18, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

Article 3. Notices and Hearings

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10-2.4.301 Public Hearings. Revised 9/24

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 9/24

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. (§7, Ord. 2134, eff. 11/20/14; §14, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

10-2.4.303 Written Request for Notice. Revised 9/24

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.

Article 4. Decisions and Permit Review, Modification and Revocation

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10-2.4.401 Time for Taking Action. Revised 9/24

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. (§15, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

10-2.4.402 Decision. Revised 9/24

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. (§15, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

10-2.4.403 Findings. Revised 9/24

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. (§15, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

10-2.4.404 Improvements for Traffic.

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.

A. The word "improvements" shall mean street paving and/or curbs and/or sidewalks and/or rights-of-way, and shall include dedication to the City of an easement over the improved areas for such purposes in a form satisfactory to the City Attorney, sufficient for public vehicular and pedestrian travel and the maintenance and policing of the improved area by the City.

B. The words "street" and "streets" shall mean a public street or way or other area open to the public for pedestrian and vehicular traffic.

C. Any person dissatisfied with the finding of the City Engineer that the installation of improvements is required may appeal such finding to the City Council for review and decision pursuant to Chapter 4 of Title 1 of this Code, and upon an affirmative showing that the proposed use or variance will not cause an additional traffic burden, vehicular or pedestrian, at such location, the City Council may grant the permit or variance without requiring the installation of improvements.

10-2.4.405 Refiling After Denial. Revised 9/24

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. (§9, Ord. 2134, eff. 11/20/14; §4, Ord. 2239, eff. 7/5/24)

10-2.4.406 Effective Date.

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. (§10, Ord. 2134, eff. 11/20/14)

10-2.4.407 Lapse of Approval.

A. Before Use Established. A permit shall be considered lapsed one (1) year after its effective date and a community benefit agreement shall be considered lapsed two (2) years after its effective date, or at an alternative time specified as a condition of approval, unless one (1) of the following has occurred:

1. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or

2. A certificate of occupancy has been issued; or

3. The use has been established; or

4. The permit or entitlement has been renewed by the hearing body which originally approved it.

B. After Use Established. A permit or entitlement may be determined to have lapsed if there is a discontinuance of the exercise of the entitlement granted by the permit or entitlement for six (6) consecutive months or more, pursuant to Section 10-2.4.412.

C. Community Benefit Agreements. An expiring community benefit agreement must be renewed to maintain the additional development capacity granted pursuant to the community benefit agreement and to secure the same community benefit originally contemplated in that agreement. If the originally contemplated benefit becomes unavailable or undesirable to the City at the time of renewal, the applicant may be required to provide an alternate community benefit that is desirable to the City Council and is of like-kind or equivalent value as determined by the City's sole discretion and described in the Community Benefits Program. (§11, Ord. 2134, eff. 11/20/14; §15, Ord. 2209, eff. 3/19/21)

10-2.4.408 Transfer to Planning Commission.

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.

10-2.4.409 Transfer to City Council.

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. (§6, Ord. 2106, eff. 1/6/12)

10-2.4.410 Transfer to Planning Commission.

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. (§8, Ord. 2106, eff. 1/6/12)

10-2.4.411 Request for Modification of Discretionary Permits or Entitlements. Revised 9/24

A. Application by Permittee or Entitlement Holder. A permittee or entitlement holder wishing to modify the terms of a discretionary permit or entitlement shall apply to the City for a modification. The application shall clearly state and illustrate as necessary the proposed modification. The application procedure, public notice, and hearing body shall be the same as those prescribed for an original application of the same kind.

B. Request by Other Interested Person. Any interested person may request review of a permit or entitlement issued pursuant to this title by filing a request with the Community Development Director, clearly stating the scope of the requested review, reasons for the request, and supporting evidence. The Community Development Director shall review the request and determine within a reasonable time whether sufficient grounds exist to initiate review, modification or revocation proceedings pursuant to Section 10-2.4.412. (§12, Ord. 2134, eff. 11/20/14; §15, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

10-2.4.412 City-Initiated Review, Modification or Revocation of Discretionary Permits or Entitlements. Revised 9/24

A. Duties of the Community Development Director. If the Community Development Director, either of their own volition, on the application of the permittee, or on the request of an interested person, determines there may be grounds for review, modification or revocation of a zoning permit, home occupation permit, use permit, administrative use permit, special use permit, minor use permit, variance, planned development permit, hillside planned development permit, design review approval, community benefit agreement, or other discretionary approval authorized by this title, the Community Development Director shall schedule a public hearing before the body initially authorized to approve the permit. (See also Section 10-2.3.1220, Procedure for Consideration of Violations of Performance Standards (regarding alcoholic beverage sales).)

B. Notice and Public Hearing. Notice shall be given in the same manner required for the original permit or entitlement, if notice was required, and notice shall be mailed to the permittee and property owner at least ten (10) calendar days before the hearing. The contents of the notice shall be as prescribed for the original application. (See Part IV, Article 3 of this chapter, beginning with Section 10-2.4.301.)

C. Hearing. The body conducting the hearing shall hear testimony of City staff, the permittee, the property owner, and/or any other interested person. A public hearing may be continued to a specific date and time without additional public notice.

D. Required Findings. The body conducting the hearing may modify or revoke the permit or entitlement upon making one (1) or more of the following findings:

1. The permit or entitlement was issued on the basis of erroneous or misleading information or misrepresentation; or

2. The use or the user is in violation of a condition of approval of the permit or entitlement, or other laws or regulations, including but not limited to the Municipal Code; or

3. The use has lapsed for a period of at least six (6) months and there is no obvious intent to reestablish the use; or

4. The use is being conducted contrary to the public health, safety, and welfare due to changes in the conduct of the use, changes in uses in the vicinity, or otherwise.

E. Decision and Notice. Within ten (10) calendar days of the conclusion of the hearing, the body that conducted the hearing shall render a decision and shall mail notice of the decision to the permittee, the property owner, the party requesting review, and to any other person who has filed a written request for such notice.

F. Effective Date – Appeals. A decision by the Planning Commission, the Zoning Administrator, or the Community Development Director to modify or revoke a discretionary permit or entitlement becomes final ten (10) calendar days after the notice of the decision is mailed, unless appealed under Part IV, Article 5. A decision by the City Council to modify or revoke a discretionary permit or entitlement becomes final immediately.

G. Other Remedies. The City's right to modify or revoke a discretionary permit or entitlement is in addition to any other remedy allowed by law. (§12, Ord. 2134, eff. 11/20/14; §15, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

10-2.4.413 Revocation.

Repealed by §12, Ord. 2134, eff. 11/20/14. (§7, Ord. 2106, eff. 1/6/12; §47, Ord. 2109, eff. 6/15/12. Formerly 10-2.4.410)

Article 5. Appeals

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10-2.4.501 Standards for Appeals.

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.

10-2.4.502 Appeals of Zoning Administrator Decisions. Revised 9/24

A. Notice of Appeal. Within ten (10) days after the date the Zoning Administrator mails his or her decision on the application to the applicant, the applicant or any interested person may appeal to the Planning Commission by filing a "notice of appeal" with the City Clerk who shall immediately transmit a copy to the Community Development Director and a copy to the applicant in the event the appellant is not the applicant. The notice of appeal shall specify the person making the appeal, the decision appealed from, and shall state in clear and concise language the reasons for the appeal. Notice of appeal forms shall be supplied by the City Clerk.

B. Appeal by City Manager. Within ten (10) days after the date of mailing of a decision of the Zoning Administrator, the City Manager on behalf of the City may appeal to the Planning Commission a decision of the Zoning Administrator that adversely affects the City by filing a "notice of appeal" with the City Clerk, who shall immediately transmit a copy to the Community Development Director and a copy to the applicant. The notice of appeal shall specify the decision appealed from and shall state in clear and concise language the reasons for the appeal. When such appeal is filed, all provisions of this section relating to appeals shall apply.

C. Public Notice and Hearing. Upon the receipt of a valid appeal from a decision of the Zoning Administrator, the Community Development Director shall, within a reasonable period of time, set a public hearing on the matter before the Planning Commission. Public notice shall be given in the manner specified in Part IV, Article 3 of this chapter.

D. Planning Commission Decision on Appeal. After the public hearing on an appeal, the Planning Commission may reverse, affirm or modify the decision of the Zoning Administrator. In taking such action, the Planning Commission shall make all findings required by this part which relate to the type of application under consideration. The decision of the Planning Commission on any appeal shall be final and conclusive in the matter. Decisions, as defined in Code of Civil Procedure Section 1094.6(e), made by the Planning Commission regarding appeals of Zoning Administrator decisions shall be subject to judicial review only if the petition for writ of mandate is filed within the time limits specified in Code of Civil Procedure Section 1094.6. (§13, Ord. 2134, eff. 11/20/14; §4, Ord. 2239, eff. 7/5/24)

10-2.4.503 Appeals of Design Review Commission Decisions.

A. Notice of Appeal. Within ten (10) days after mailing a decision of the Design Review Commission, any interested person may appeal to the Planning Commission by filing a "notice of appeal" with the City Clerk. The City Clerk shall immediately transmit a copy to the Community Development Director and, in the event the appellant is not the applicant, a copy to the applicant. The notice of appeal shall specify the person making the appeal, the decision appealed from, and shall state in clear and concise language the reasons for the appeal. Notice of appeal forms shall be supplied by the City Clerk.

B. Appeal by City Manager. Within ten (10) days after the date of mailing of a decision of the Design Review Commission, the City Manager on behalf of the City may appeal to the Planning Commission a decision of the Design Review Commission which adversely affects the City by filing a "notice of appeal" with the City Clerk, who shall immediately transmit a copy to the Community Development Director and a copy to the applicant. The notice of appeal shall specify the decision appealed from and shall state in clear and concise language the reasons for the appeal. When such appeal is filed, all provisions of this article relating to appeals shall apply.

C. Notice and Public Hearing. Upon the receipt of a valid appeal from a decision of the Design Review Commission, the Community Development Director shall schedule a public hearing before the Planning Commission within a reasonable period of time. Notice of the public hearing shall be given in the manner specified in Part IV, Article 3 of this chapter.

D. Planning Commission Decision on Appeal. After the public hearing on an appeal, the Planning Commission may refer the matter back to the Design Review Commission for further consideration, or may reverse, affirm or modify the decision of the Commission. The Planning Commission may continue the matter from time to time, and its findings and decision on the appeal shall be final and conclusive in the matter. Decisions, as defined in Code of Civil Procedure Section 1094.6(e), made by the Planning Commission regarding appeals of Design Review Commission decisions shall be subject to judicial review only if the petition for writ of mandate is filed within the time limits specified in Code of Civil Procedure Section 1094.6. (§14, Ord. 2134, eff. 11/20/14)

10-2.4.504 Appeals of Planning Commission Decisions. Revised 9/24

A. Notice of Appeal. Within ten (10) days after mailing a decision of the Planning Commission, any interested person may appeal to the City Council by filing a "notice of appeal" with the City Clerk. The City Clerk shall immediately transmit a copy to the Community Development Director and a copy to the applicant, in the event the appellant is not the applicant. The notice of appeal shall specify the person making the appeal, the decision appealed from, and shall state in clear and concise language the reasons for the appeal. Notice of appeal forms shall be supplied by the City Clerk.

B. Review by Council. Any member of the City Council shall have authority to request the Council to review any decision of the Planning Commission by either making such request orally at the first Council meeting following the Commission meeting at which such decision was made or by filing a written request with the City Clerk prior to the expiration of the time during which an appeal can be made. When such review is requested by any member of the City Council, the review shall be processed in the same manner as an appeal and all procedures set forth in this article shall apply. A request for review need not state the reasons for the request. A request for review shall not be deemed to be an allegation of any flaw in or a pre-judgment of the decision below, nor shall it affect any Council member's right to approve or disapprove the decision below.

C. Appeal by City Manager. Within ten (10) days after the date of a decision of the Planning Commission, the City Manager on behalf of the City may appeal to the City Council a decision of the Commission that adversely affects the City by filing a "notice of appeal" with the City Clerk. The City Clerk shall immediately transmit a copy to the Community Development Director and a copy to the applicant. The notice of appeal shall specify the decision appealed from and shall state in clear and concise language the reasons for the appeal. When such appeal is filed, all provisions of this section relating to appeals shall apply.

D. Notice and Public Hearing. After the filing of the notice of appeal, the City Clerk shall schedule a public hearing before the City Council within a reasonable period of time. Notice of the public hearing shall be given in the manner specified in Part IV, Article 3 of this chapter.

E. Council Decision on Appeals. After the public hearing on an appeal, the City Council may refer the matter back to the Planning Commission for further consideration, or may reverse, affirm or modify the decision of the Commission. (§16, Ord. 2134, eff. 11/20/14; §4, Ord. 2239, eff. 7/5/24)

10-2.4.505 Appeals of Community Development Director Decisions. Revised 9/24

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. (§15, Ord. 2134, eff. 11/20/14; §4, Ord. 2239, eff. 7/5/24. Formerly 10-2.4.504)

Article 6. Conditional Use Permits

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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)

Article 7. Special Use Permits

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10-2.4.701 Purpose.

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.

10-2.4.702 Findings.

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.

10-2.4.703 Conditions.

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.

10-2.4.704 Special Uses.

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

A. Public utility or public service uses whether publicly or privately owned, or public buildings, except corporation yards and storage of automotive equipment, and except transmission or distribution lines.

B. The excavation of natural minerals or building and construction materials.

C. Any other use, which because of its unique character, does not fit into any of the use classifications as set forth in this chapter.

10-2.4.705 Procedures.

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.

Article 8. Minor Use Permits

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10-2.4.801 Purpose.

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.

10-2.4.802 Application.

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

10-2.4.803 Notice and Public Hearing.

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.

10-2.4.804 Findings.

No minor 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.

10-2.4.805 Decision.

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.

10-2.4.806 Appeal.

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

Article 9. Variances

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10-2.4.901 Purpose.

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.

10-2.4.902 Application.

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

10-2.4.903 Notice and Public Hearing.

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.

10-2.4.904 Findings.

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

A. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the regulations contained in this chapter deprives such property of privileges enjoyed by other properties in the vicinity and within the same zoning classification;

B. That the variance, including any conditions imposed, is consistent with the general plan, any applicable specific plan and this chapter; and

C. That the variance request, including any conditions imposed, will not be detrimental to the public health, safety or welfare.

10-2.4.905 Decision.

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.

10-2.4.906 Appeal.

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

Article 10. Planned Development (P-D) Permits

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10-2.4.1001 Purpose.

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. (§16, Ord. 2194, eff. 6/7/19; §16, Ord. 2209, eff. 3/19/21)

10-2.4.1002 Application. Revised 9/24

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:

A. A site plan showing general locations of all streets, on-street and off-street parking, bicycle paths, riding trails, hiking trails, buildings, and other man-made structures; typical elevations or perspective drawings sufficient to show building height, building materials, colors and general design; perspective drawings showing the relationship after development of the proposed buildings and the topographic features of the site; and a table listing land coverage by percentage and acreage for the following: open space (intensely landscaped and natural), all streams, ponds and areas existing in riparian vegetation, coverage by housing unit roof, parking (covered, open, off-street), streets, sidewalks, paths, recreational facilities;

B. A topographical map showing existing contours and proposed lot lines which may be integrated with the site plan described above; the lot lines may be omitted if building locations on the site plan make proposed lot lines obvious; the topographical map may be omitted if the weighted incremental slope, as described in §10-2.5.1102(h), is less than ten;

C. Any tree(s), including size and species as defined in §3-8.02 of this code, whether or not such tree(s) is to be removed or destroyed, on the site plan or on a separate plat;

D. Sufficient dimensions to show right-of-way widths, pavement widths, radii of curvature of centerlines, street grades, whether streets are to be public or private, and all proposed frontage improvements on new and existing streets;

E. A detailed landscaping plan showing the natural open space which will remain upon completion of development, all existing trees (and indicating which trees are scheduled for removal), and the precise boundaries of additional landscaping; the landscape plan shall include container size of all trees and shrubs, species of all plant material, irrigation system plan, street lighting, low-level path lighting, street furniture and fencing materials, dimensions and locations;

F. If the application includes residential uses, a statement in writing stipulating to the total number of bedrooms to be constructed;

G. If the application is for a P-D permit for a residential development of five (5) or more acres, which development will occur in stages, the applicant may initially submit general information relating to subsections (A) and (E) of this section for review by both the Design Review Commission and the Planning Commission. Precise and detailed plans setting forth the information required by these items shall subsequently be submitted to the Design Review Commission for its review prior to the approval of a tentative subdivision map, building permit or other construction authorized by the P-D permit. (§18, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

10-2.4.1003 Comments by Design Review Commission. Revised 9/24

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. (§18, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

10-2.4.1004 Notice and Public Hearing by Planning Commission.

10-2.4.1005 Findings.

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:

A. The approval of the plan is in the best interests of the public health, safety and general welfare;

B. The proposed plan is consistent with the General Plan and any specific plan that may be applicable;

C. The plan conforms to the purpose of the planned development district;

D. The uses permitted and the conditions to the use are compatible with the site and its environs;

E. If located within the O-23 Overlay Zone (the Almond-Shuey Overlay Zone), the plan complies with all provisions contained therein, including but not limited to the regulations pertaining to minimum setbacks and maximum building height. (§16, Ord. 2194, eff. 6/7/19; §16, Ord. 2209, eff. 3/19/21)

10-2.4.1006 Recommendation by Planning Commission. Revised 9/24

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. (§18, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

10-2.4.1007 Notice and Public Hearing by City Council.

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.

10-2.4.1008 Decision.

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.

10-2.4.1009 Permit Amendments. Revised 9/24

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. (§18, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

Article 11. Hillside Planned Development (H-P-D) Permit

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10-2.4.1101 Purpose.

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

10-2.4.1102 Definitions.

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

A. Base density means the number of dwelling units per gross acres as determined by Section 10-2.4.1105(A).

B. Contour interval means the difference in elevation between adjacent contour lines on a topographical or planimetric map.

C. "I" means the contour interval measured in feet.

D. "L" means the summation of the length of all contour lines measured in feet.

E. Open space means landscaped areas and areas retained in their original state without enhancement by landscaping which are owned in common by owners of the residential lots within a development or the required yards in a residential district.

F. Ridge means a connected series of major and minor hills.

G. Ridgeline means a ground line located at the highest elevation of the ridge running parallel to the long axis of the ridge.

H. Weighted incremental slope (WIS) means a number assigned to a specific parcel of land for the purpose of determining its relative slope conditions and is determined according to the following:

WIS	=	0.0023IL
		Area in Acres

The calculation of the WIS shall be performed pursuant to the criteria and procedure set forth in Section 10-2.4.1103(E).

I. Stream means a natural body of water following a specific course in a definable channel which flows either intermittently or year round.

J. Pond means a natural or man-made small body of water located in a specific area which contains water either intermittently or year round.

K. Riparian vegetation means that vegetation to be found along the banks of a defined stream or pond.

10-2.4.1103 Application. Revised 9/24

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:

A. A site plan showing general locations of all streets, on-street and off-street parking, bicycle paths, riding trails, hiking trails, buildings and other man-made structures; typical elevations or perspective drawings sufficient to show building height, building materials, colors and general design; perspective drawings showing the relationship after development of the proposed buildings and the topographic features of the site; and a table listing land coverage by percentage and acreage for the following: open space (intensely landscaped and natural), all streams, ponds and areas existing in riparian vegetation coverage by housing unit roof, parking (covered, open, off-street), streets, sidewalks, paths, recreational facilities;

B. A topographical map showing existing contours and proposed lot lines, which may be integrated with the site plan described above; the lot lines may be omitted if building locations on the site plan make proposed lot lines obvious;

C. A topographical map at a scale not smaller than 1 inch = 100 feet showing contour lines existing prior to grading at an interval of not more than ten (10) feet; a grading plan showing increments of the depths of all cuts and fills in various colors of any similar display which shows the cuts, fills, depths thereof in colors; and a slope classification map showing, in contrasting colors, all land which has less than a 10% slope, that land which has a slope between 10% and 20%, that land which has a slope between 20% and 30%, that land which has a slope between 30% and 40%, and all land which has a slope greater than 40%. The Community Development Director may allow a reduction in the scale of the map or an increase in the contour interval when the size of a parcel or its terrain requires such changes to make the map more meaningful;

D. Profiles showing the relationship of the proposed project to any dominant geological or topographical features which may be on or in the vicinity of the proposed project;

E. The calculation of the WIS factor shall be prepared by a registered civil engineer or a licensed land surveyor and the following criteria and procedure shall be used:

1. The contour map shall have ten (10) foot contour intervals;

2. The interval used in WIS calculation shall be two (2) feet and interpolation of the contour intervals is required;

3. Topographic map scale:

Parcel Size	Scale
Less than 2.0 acres	1" = 20'
2.0 acres to 20 acres	1" = 50'
Over 20 acres	1" = 100'

F. Any tree(s) including size and species as defined in §3-8.02 of this Code whether or not such tree(s) is to be removed or destroyed, on the site plan or on a separate plat;

G. Sufficient dimensions to show right-of-way widths, pavement widths, radii of curvature of center lines, street grades, whether streets are to be public or private, and all proposed frontage improvements on new and existing streets;

H. A current preliminary soils and geological report prepared by a registered civil engineer and a registered geologist;

I. A detailed landscaping plan showing the natural open space which will remain upon completion of development, all existing trees (and indicating which trees are scheduled for removal), and the precise boundaries of additional landscaping; the landscape plan shall include container size of all trees and shrubs, species of all plant material, irrigation system plan, street lighting, low level path lighting, street furniture and fencing materials, dimensions and locations;

J. A statement in writing stipulating to the total number of bedrooms to be constructed; and

K. The initial plan shall indicate the density allowed by Section 10-2.4.1107(A) and the location of the proposed units. Any request for density adjustments allowed by Section 10-2.4.1107(B) shall be shown on an alternate plan detailing the location of the additional units and amenities.

Notwithstanding the requirements of this section, an applicant for an H-P-D permit for the development of five (5) or more acres, which development will occur in stages, may submit general information relating to items in subsections (A) and (I) of this section for review by both the Design Review Commission and the Planning Commission. Precise and detailed plans setting forth the information required by these items shall be submitted to the Planning Commission for its review and approval prior to the approval of a tentative subdivision map, building permit or other construction authorized by the H-P-D permit. (§4, Ord. 2239, eff. 7/5/24)

10-2.4.1104 Procedures.

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

A. Review by Design Review Commission and Planning Commission. Upon receipt of the data required by Section 10-2.4.1103 of this section, all such data shall be transmitted to the Design Review Commission for its preliminary review of the site plan and building design. Within thirty days, 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 a recommendation from the Design Review Commission, the Planning Commission shall hold a public hearing to consider the request for an H-P-D permit. If the Planning Commission recommends approval or conditional approval of an H-P-D permit, its resolution setting forth the reasons for said recommendation shall be transmitted to the Council and to the applicant.

B. Review by City Council. Upon receipt of a resolution from the Planning Commission recommending approval of an H-P-D permit, the City Clerk shall schedule a public hearing before the Council with notice of the time, date and place of public hearing being given, pursuant to Part IV, Article 3. of this chapter. Following the public hearing, the Council may approve or disapprove the H-P-D permit. In approving a permit, the Council may modify the recommendations of the Planning Commission. In making its decision, the Council shall be subject to the same requirements as are placed on either of the commissions by this section.

C. Referral. Council may also refer the matter back to the Planning Commission for further report and recommendation. The Planning Commission shall not be required to hold a public hearing on a matter referred back to it, but shall submit its report and recommendation within forty days after the reference; otherwise the proposed modifications shall be deemed approved.

D. Detailed Plan Review. If the City Council approves an H-P-D permit the detailed development plans and building plans shall be submitted to the Design Review Commission pursuant to the provisions of Chapter 4 of this title for processing and approval. The processing of an H-P-D permit shall not be deemed to be complete until the above approval by the Design Review Commission has been obtained.

E. Denial by Planning Commission. If the Planning Commission recommends denial of an H-P-D permit application, no further action by the City Council is necessary unless the Planning Commission's decision is appealed to the City Council by the applicant pursuant to the provisions of Part IV, Article 5 of this chapter.

F. Permit Amendments. Hillside planned development permit amendments proposing an increase in the number of originally approved dwelling units shall be required to go through the same process required for a new H-P-D permit. Amendments to H-P-D permits not calling for an increase of the number of originally approved dwelling units must be certified to be in substantial conformity with the original permit by both the City Engineer and Community Development Director, and if either fails to make such a finding, the request shall be deemed denied unless overturned on appeal to the Planning Commission pursuant to Part IV, Article 5 of this chapter. The City Council may amend an H-P-D permit in order to protect the public health, safety and general welfare, and the process to be used for such an amendment shall be the same as is required for new H-P-D permits. (§18, Ord. 2134, eff. 11/20/14)

10-2.4.1105 Findings.

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

A. The approval of the plan is in the best interests of the public health, safety and general welfare;

B. Off-site and on-site views of the ridges will not be substantially impaired and the roofline of any structure will not be located within a vertical distance of seventy-five feet of the ridgeline. In determining which ridges are subject to this finding, the following criteria shall be used: The intents and purposes set forth in Sec. 10-2.2.501. shall be followed.

C. Any grading to be performed within the project boundaries takes into account the environmental characteristics of that property, including but not limited to prominent geological features, existing stream beds and significant tree cover, and is designed in keeping with the best engineering practices to avoid erosion, slides or flooding, to have as minimal an effect on the environment as possible;

D. Streets, buildings and other man-made structures have been designed and located in such a manner as to complement the natural terrain and natural landscape;

E. Adequate fire safety measures have been incorporated into the design of the plan;

F. The plan conforms to the purpose and intent of the hillside planned development district;

G. The plan is consistent with the City's general plan; and

H. Streams, ponds and riparian vegetation have been, where possible, preserved in their natural state.

10-2.4.1106 Conditions.

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.

10-2.4.1107 Density.

A. Base Density. Except as provided in section 10-2.4.1106 of this section, the base density shall be determined by the following:

WIS	10	15	20	25	30	35	40	Greater than 43
BASE DENSITY	3.5	3.0	2.5	2.0	1.5	1.0	0.5	0.2

Any WIS not shown in the above table shall be determined by interpolation, using the graph and formula set forth in Exhibit A, which is attached hereto and incorporated herein by reference.

B. Density Adjustments. The effectiveness of hillside development can be affected by a number of factors such as the physical characteristics of a specific parcel, the amount of landscaped and natural open space existing within a development, the existence of amenities within a development and the number of people who will reside in the hill area. Therefore, in order to encourage hillside developments which take into consideration the above factors, adjustments may be made in the base density in the recommendation for approval and approval of an H-P-D permit, pursuant to any of the following:

1. The existence of open space beyond that required by Section 10-2.4.1108;

2. The existence of amenities or on-site or off-site improvements which are not normally found or required in residential developments;

3. The existence of a mixture of housing types which provides a variation in the appearance of the development and allows a range of housing prices for differing income levels, and has a projected population which is comparable to or lower than the projected population of a single housing type;

4. The existence of landscaping of a type, size and quantity which exceeds that required by this section;

5. The existence of a topographical feature, including but not limited to a cliff or deep ravine, of a magnitude which causes the WIS to be significantly greater than would be the case if the topographic feature were not considered; and

6. The offer to and acceptance by the City of land in excess of the park land dedication requirements of Section 10-1.516 of this code.

C. General Plan Range. Notwithstanding the density established by subparagraphs A and B above, no property shall develop at a density which exceeds the maximum of the General Plan range within which that property lies, nor shall any property be required to develop at a density less than the minimum of the General Plan range within which that property lies. If a parcel of property is situated within two different general plan ranges, the density range for the parcel shall be the weighted average of those ranges.

10-2.4.1108 Percentage Open.

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.

10-2.4.1109 Grading Control.

A. Size and Treatment. In order to keep all graded areas and cuts and fills to a minimum, to eliminate unsightly grading and to preserve the natural appearance and beauty of the property as far as possible as well as to serve the other specified purposes of this article, specific requirements may be placed on the size of areas to be graded or to be used for building, and on the size, height and angles of cut slopes and fill slopes and the shape thereof. In appropriate cases retaining walls may be required.

B. Restrictions. All areas indicated as natural open space on the approved development plan shall be undisturbed by grading, excavating, structures or otherwise except that riding trails, hiking trails, picnic areas, stables and similar amenities may be placed in natural open space pursuant to the approval of an H-P-D permit.

C. Landscaping. The H-P-D permit shall include the planting of newly created banks or slopes for erosion control or to minimize their visual effect.

10-2.4.1110 Open Space/Agriculture Land Density.

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.

10-2.4.1111 High Risk Area Density.

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:

D. Profiles showing the relationship of the proposed project to any dominant geological or topographical features which may be on or in the vicinity of the proposed project;

E. The calculation of the WIS factor shall be prepared by a registered civil engineer or a licensed land surveyor and the following criteria and procedure shall be used:

1. The contour map shall have ten (10) foot contour intervals;

2. The interval used in WIS calculation shall be two (2) feet and interpolation of the contour intervals is required;

3. Topographic map scale:

Parcel Size	Scale
Less than 2.0 acres	1" = 20'
2.0 acres to 20 acres	1" = 50'
Over 20 acres	1" = 100'

4. Any tree(s) including size and species as defined in §3-8.02 of this Code whether or not such tree(s) is to be removed or destroyed, on the site plan or on a separate plat;

5. Sufficient dimensions to show right-of-way widths, pavement widths, radii of curvature of center lines, street grades, whether streets are to be public or private, and all proposed frontage improvements on new and existing streets;

6. A current preliminary soils and geological report prepared by a registered civil engineer and a registered geologist;

7. A detailed landscaping plan showing the natural open space which will remain upon completion of development, all existing trees (and indicating which trees are scheduled for removal), and the precise boundaries of additional landscaping; the landscape plan shall include container size of all trees and shrubs, species of all plant material, irrigation system plan, street lighting, low level path lighting, street furniture and fencing materials, dimensions and locations;

8. A statement in writing stipulating to the total number of bedrooms to be constructed; and

9. The initial plan shall indicate the density allowed by section 10-2.4.1111(a) and the location of the proposed units. Any request for density adjustments allowed by section 10-2.4.1111(b) shall be shown on an alternate plan detailing the location of the additional units and amenities.

Notwithstanding the requirements of this subsection, an applicant for an H-P-D permit for the development of five (5) or more acres, which development will occur in stages, may submit general information relating to items 1. and 9. above for review by both the Design Review Commission and the Planning Commission. Precise and detailed plans setting forth the information required by these items shall be submitted to the Design Review Commission for its review and approval prior to the approval of a tentative subdivision map, building permit or other construction authorized by the H-P-D permit. (§18, Ord. 2209, eff. 3/19/21)

Article 12. Design Review

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10-2.4.1201 Purpose. Revised 9/24

The purpose of design review is to:

A. Enhance the community character and preserve the unique identity of Walnut Creek.

B. Promote quality architectural design, site planning, and landscape development to enhance the desirability and investment in the City.

C. Foster civic pride and community spirit by encouraging participation in the design review process.

D. Establish clear standards, guidelines and policies that comply with State housing laws.

E. Establish a balanced and streamlined project review process, and promote and enhance good design, site relationships and other aesthetic considerations in the City. (§4, Ord. 2239, eff. 7/5/24)

10-2.4.1202 Applicability. Revised 9/24 Revised 10/24

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:

A. Accessory dwelling units or junior accessory dwelling units except as provided for in Part III, Article 5, Accessory Dwelling Units.

B. New construction of SB 9 dwelling units.

C. Advertising Display Relocation Agreements. Pursuant to Section 5412 of the California Business and Professions Code, the City Council may authorize the execution of advertising display relocation agreements, and the provisions of such agreements shall supersede any provision of this title to the contrary.

D. Buildings Constructed Before June 15, 1973. This article shall not apply to exterior paint color changes on buildings constructed prior to June 15, 1973, if the Community Development Director determines that the change in paint color is in substantial compliance with the original design review approval.

E. Single-family dwellings, additions to single-family dwellings, and other buildings in all single-family residential districts, except when one (1) or more of the following provisions are true:

i. Within any single-family residential district for:

a. Single-family dwellings on lots created on or after June 15, 1973.

b. New single-family dwellings or additions to single-family dwellings where the total gross floor area (including any garages and other buildings on the lot) exceeds four thousand five hundred (4,500) square feet.

c. Swimming pools, patio covers, fences and other accessory structures when:

1. Design review is required for the main building and the accessory structure is to be constructed concurrently with the main building; or

2. The total gross floor area of all buildings on the lot is equal to or greater than four thousand five hundred (4,500) square feet.

3. Accessory structures one hundred twenty (120) square feet or smaller in size may be exempted from the provisions of this article at the discretion of the Community Development Director.

d. Any new single-family dwelling, addition to an existing single-family dwelling, new building or addition to a building, at the discretion of the Community Development Director, where a proposal is inconsistent with already adopted design guidelines for single-family homes.

ii. Within the R-8, R-8.5, and R-10 single-family residential districts for:

a. New single-family dwellings or additions where the size of the dwelling or the dwelling and the proposed addition (including any garage and other buildings on the lot) exceeds a floor area ratio of 0.42.

b. New single-family dwellings or additions where more than forty percent (40%) of the floor area of the principal structure (including the garage) is located on the second floor.

c. New single-family dwellings or additions where the second story is set back less than ten (10) feet from a side property line.

d. Additions to single-family dwellings where the addition equals fifty percent (50%) or more of the floor area of the existing principal structure (including the garage), except where the resultant FAR is less than 0.30.

e. New single-family dwellings where the new residential development succeeds the tear-down, demolition or removal of a previously existing residence, except where the resultant FAR for the lot including the new dwelling is less than 0.30 where tear-down or demolition is defined as demolition resulting in the elimination of fifty percent (50%) or more of the existing home's exterior wall area.

f. Swimming pools, patio covers, fences and other accessory structures when the floor area of all buildings on the lot results in an FAR equal to or greater than 0.42.

iii. Within the R-12, R-15, R-20, and R-40 single-family residential districts for:

a. Additions to single-family dwellings where the addition equals fifty percent (50%) or more of the floor area of the existing principal structure (including the garage), except where the resultant FAR is less than 0.22.

b. New single-family dwellings where the new residential development succeeds the tear-down, demolition or removal of a previously existing residence, except where the resultant FAR for the lot including the new dwelling is less than 0.22 where tear-down or demolition is defined as demolition resulting in the elimination of fifty percent (50%) or more of the existing home's exterior wall area.

F. Housing for the homeless/emergency shelters.

G. Low barrier navigation centers. (§4, Ord. 2239, eff. 7/5/24; §3(25), Ord. 2243, eff. 9/7/24)

10-2.4.1203 Application. Revised 9/24

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. (§4, Ord. 2239, eff. 7/5/24)

10-2.4.1204 Notice and Public Hearing. Revised 9/24

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. (§4, Ord. 2239, eff. 7/5/24)

10-2.4.1205 Project Scope for Purposes of Design Review Authority. Revised 9/24 Revised 11/24

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.

A. Minor Project. A minor project shall mean any of the following, singly or in combination:

i. The construction of up to four (4) single-family homes or duplexes on up to four (4) lots when designed by a registered architect.

ii. The construction of up to four (4) new residential units on one (1) lot when designed by a registered architect.

iii. The construction of a new structure of five hundred (500) square feet or less in size.

iv. Additions to an existing single-family home or duplex.

v. Additions of five hundred (500) square feet or less in size to an existing multifamily or nonresidential development.

vi. Satellite antennas and modifications to existing wireless communication facilities.

vii. Outdoor dining spaces pursuant to Title 6, Chapter 13, Outdoor Dining, and the outdoor dining policy.

viii. Condominium conversions of existing buildings.

ix. Remodels to the exterior of existing buildings that are limited to the following: a relocation or expansion of doorways and/or windows, change in paint colors and/or building materials.

x. Modifications of and/or additions to awnings and/or canopies.

xi. New, expanded, or restriped parking lots.

xii. Minor revisions to approved projects in which a minor revision is defined as no more than a ten percent (10%) deviation from any landscape quantity or building dimension, unless the proposed deviation is the subject of a previously imposed condition of approval or conflicts with an existing development standard.

xiii. Other nonresidential projects of a similarly minor nature as determined by the Community Development Director.

B. Major Project. A major project is any project that is not a minor project as previously defined. (§4, Ord. 2239, eff. 7/5/24; §4(5), Ord. 2244, eff. 11/1/24)

10-2.4.1206 Design Review Authority. Revised 9/24

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

A. Community Development Director. The Community Development Director shall act upon applications for ministerial design review and any other design review for minor projects, except as outlined below.

B. Planning Commission. The Planning Commission shall act upon applications, with recommendation by the Design Review Commission as specified herein, for design review for major projects. The Planning Commission shall also act upon applications for design review for minor projects when it is the highest reviewing authority for any other entitlements included with the design review application.

C. Zoning Administrator. The Zoning Administrator shall act upon applications for design review for minor projects only when they are the highest reviewing authority for any other entitlements included with the design review application.

D. Design Review Commission. The Design Review Commission shall review, and provide its recommendation to the Planning Commission on, all design review applications for major projects. The Design Review Commission's review is limited to one (1) publicly noticed meeting unless additional meetings are requested by the project applicant.

E. Highest Approving Authority. When an application for design review is included with an application for other entitlements, except for legislative amendments, the highest reviewing authority for all entitlements that comprise the project application shall also serve as the Design Review Authority. The highest reviewing authority shall mean, in descending order, the Planning Commission, the Zoning Administrator and the Community Development Director.

F. Transfer of Duties. Whenever any permit, issued prior to June 15, 1973, pursuant to the provisions of this title, contains a reference to subsequent reviews by the Planning Commission or Zoning Administrator regarding matters within the scope of this article, such review shall be conducted by the Community Development Director or the Planning Commission pursuant to the provisions of this chapter. (§4, Ord. 2239, eff. 7/5/24)

10-2.4.1207 Ministerial Design Review. Revised 9/24

A. Overview. Ministerial design review shall consist of the Design Review Authority making a determination ministerially, without discretion or a public hearing, that a project is in compliance with all applicable, and objective, plans, regulations, policies, development standards, and design standards.

B. Applicability. Any project within the scope of Section 10-2.4.1202 and that is required to be reviewed and approved ministerially without discretion pursuant to an applicable State law, including but not limited to the provisions under California Government Code Section 65913.4 (commonly referred to as SB 35), shall undergo ministerial design review.

C. Review Authority. The Community Development Director shall serve as the Design Review Authority and act upon all applications for ministerial design review.

D. Decision. The Design Review Authority shall approve an application for ministerial design review without discretion or a public hearing, if the project satisfies all applicable, and objective, policies, actions, and standards in the General Plan, an applicable specific plan, the Municipal Code, and the Citywide Design Review Standards and Guidelines maintained by the Community Development Department. The Design Review Authority may approve the application subject to conditions of approval consistent with applicable State laws and the provisions of this article. If a project does not satisfy all of the previously listed provisions to be ministerially approved, the Community Development Director shall, in writing, notify the project applicant that the application is not approved. However, such notification shall not preclude the applicant from revising the application as necessary to comply with the previously listed provisions to obtain approval. (§4, Ord. 2239, eff. 7/5/24)

10-2.4.1208 Objective Design Review. Revised 9/24

A. Overview. Objective design review shall consist of the Design Review Authority making a determination that a project is in compliance with all applicable, and objective, plans, regulations, policies, development standards, and design standards in effect at the time of preliminary application (pursuant to California Government Code Section 65941.1) or submittal of a complete application, as applicable.

B. Applicability. Any residential development project proposing to construct one (1) or more dwelling units, including any residential mixed use project that designates at least two-thirds (2/3) of its square footage for residential use or a transitional or supportive housing project, that does not otherwise require a legislative amendment, and which does not otherwise qualify for ministerial design review, shall undergo objective design review.

C. Review Authority. The applicable reviewing body set forth under Section 10-2.4.1206 shall serve as the Design Review Authority and act upon applications for objective design review.

D. Decision. The Design Review Authority shall approve an application for objective design review if the project satisfies all applicable, and objective, policies, actions, and standards in the General Plan, an applicable specific plan, the Municipal Code, and the Citywide Design Review Standards and Guidelines maintained by the Community Development Department. The Design Review Authority may approve the application subject to conditions of approval consistent with applicable State laws and the provisions of this article.

E. Denial. The Design Review Authority may deny an application for objective design review or impose conditions of approval requiring the project to be developed at a lower density (including conditions that impact the project's ability to provide residential units) only if it makes written findings supported by a preponderance of the evidence in the record that both of the following conditions exist:

i. The project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this subsection, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete as defined by Government Code Section 65589.5; and

ii. There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to subsection (E)(i) of this section, other than the disapproval of the project or the approval of the project upon the condition that it be developed at a lower density. (§4, Ord. 2239, eff. 7/5/24)

10-2.4.1209 Discretionary Design Review. Revised 9/24

A. Overview. Discretionary design review shall consist of the Design Review Authority making a determination that a project is in compliance with all applicable plans, regulations, policies, development standards, design standards, and design guidelines.

B. Applicability. Any project that does not qualify for ministerial or objective design review, including any residential development projects requiring a legislative amendment or additions to an existing residential project, shall undergo Discretionary Design Review.

C. Review Authority. The applicable reviewing body set forth under Section 10-2.4.1206 shall serve as the Design Review Authority and act upon applications for discretionary design review.

D. Findings for Approval. Discretionary design review approval may be granted if all of the findings are made:

i. The project is consistent with the General Plan and any applicable specific plan; and

ii. The project is consistent with all applicable development standards contained in the Municipal Code; and

iii. The approval of the project is in the best interest of the public health, safety, and general welfare; and

iv. The project complies with all applicable standards and guidelines contained in the Citywide Design Review Standards and Guidelines as evaluated by the degree to which the project meets the intent of all such applicable standards and guidelines.

E. Decision. The Design Review Authority may approve, conditionally approve, or deny an application for discretionary design review as provided in Part IV, Article 4. The approving authority may approve the application subject to such conditions as it deems necessary, in its sole discretion, to protect the best interests of the surrounding neighborhood and the public health, safety and welfare and to make the proposed plan consistent with the standards set forth in this article, the general plan and any applicable specific plan. The review and decision of the discretionary design review application shall be limited to those matters specified in this chapter as being within the scope of design review and shall not include permitted uses, building floor areas, parking standards, traffic circulation issues and engineering standards. (§4, Ord. 2239, eff. 7/5/24)

10-2.4.1210 Appeal. Revised 9/24

A design review decision made in accordance with this article may be appealed in accordance with Part IV Article 5, Appeals. (§4, Ord. 2239, eff. 7/5/24)

Article 13. Amendments (Rezoning)

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10-2.4.1301 Purpose.

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.

10-2.4.1302 Initiation of Amendment Proposal. Revised 9/24

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

A. The City Council may request that the Planning Commission study and report back to the City Council concerning a proposed amendment; or

B. The Planning Commission may, on its own initiative or in response to a recommendation by the Community Development Director, study and make recommendations to the City Council concerning a proposed amendment; or

C. One or more of the owners of real property, or their duly authorized agents, may file an application with the Community Development Director for a change in the zoning district of such property pursuant to Part IV, Article 2. (§18, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

10-2.4.1303 Notice and Public Hearing.

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.

10-2.4.1304 Recommendation by Planning Commission.

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.

10-2.4.1305 Transfer to City Council.

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.

10-2.4.1306 Notice and Public Hearing by City Council.

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.

10-2.4.1307 Decision by City Council.

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.

10-2.4.1308 Prezoning.

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.

10-2.4.1309 Interim Ordinances.

A. Adoption and Extensions. Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the City Council may adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan, or zoning proposal which the City Council, Planning Commission or Community Development Department is considering studying or intends to study within a reasonable time as provided in Government Code section 65858. Such an urgency measure may only be adopted upon a four-fifths vote of the City Council for adoption based upon the findings specified in subsection B. The interim ordinance shall be effective immediately. The interim ordinance may be adopted with or without notice as follows:

B. If the interim ordinance is adopted without notice, the interim ordinance shall be of no further force and effect forty-five (45) days after its date of adoption. The City Council may extend the interim ordinance for up to an additional 10 months and 15 days and subsequently extend the interim ordinance for an additional one year. Any extension may be adopted only upon a four-fifths vote of the City Council for adoption. No more than these two extensions may be adopted.

C. If the interim ordinance is adopted following notice pursuant to Sec. 10-2.4.302. and a public hearing, the interim ordinance shall be of no further force and effect forty-five (45) days after its date of adoption. The City Council may extend the interim ordinance for up to an additional 22 months and 15 days. Any extension may be adopted only upon a four-fifths vote of the City Council for adoption.

D. Findings. The City Council may adopt or extend an interim ordinance only if the ordinance contains a finding that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to public health, safety, or welfare.

E. Subsequent Ordinances. The City Council may adopt subsequent ordinances pursuant to this section which amend or supplement the interim ordinance and any extensions thereof by a four-fifths vote of the City Council for the ordinance. Every such subsequent ordinance shall automatically terminate upon the termination of the first interim ordinance or any extensions thereof.

F. Repeal. The City Council may, following notice and a public hearing pursuant to Part IV, Article 3., adopt an ordinance repealing the interim ordinance prior to the date that the interim ordinance would otherwise terminate by a majority vote of the City Council for such ordinance.

Article 14. Development Agreements

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10-2.4.1401 Purpose.

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.

10-2.4.1402 Procedures and Requirements.

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.

Article 15. Enforcement

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10-2.4.1501 Conformance with Chapter.

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.

10-2.4.1502 Enforcement Responsibility and Authority. Revised 9/24

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. (§4, Ord. 2239, eff. 7/5/24)

10-2.4.1503 Penalty for Violation.

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.

10-2.4.1504 Public Nuisance.

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.

10-2.4.1505 Injunction.

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

10-2.4.1506 Revocation.

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. (§29, Ord. 2134, eff. 11/20/14)

10-2.4.1507 Cumulative Remedies.

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

10-2.4.1508 Enforcement of Conditions; Fee.

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.

10-2.4.1509 Interpretation, Purpose and Conflicts.

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.

10-2.4.1510 Judicial Review.

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.

Article 16. Reasonable Accommodation Application

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10-2.4.1601 Purpose.

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. (§6, Ord. 2131, eff. 7/18/14)

10-2.4.1602 Application. Revised 9/24

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:

A. The name, address and telephone number of the applicant;

B. The name, address, and telephone number of the owner of the property for which the reasonable accommodation request is being made;

C. The current use of the property for which the reasonable accommodation request is being made;

D. If the applicant is someone other than the property owner, a letter of agency or authorization signed by the property owner consenting to the application being made;

E. The basis for the claim that the individual to be reasonably accommodated is an individual with a disability under the fair housing laws;

F. The land use or zoning regulation, or land use, zoning, or building policy, practice or procedure for which reasonable accommodation is being requested;

G. The type of accommodation sought;

H. The reason(s) why the accommodation is necessary for the needs of the disabled person. Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation;

I. Copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding the need for the accommodation; and

J. Other supportive information deemed necessary by the department to facilitate proper consideration of the request, consistent with fair housing laws.

K. There is no fee imposed on the filing or processing of the application for reasonable accommodation. (§6, Ord. 2131, eff. 7/18/14; §4, Ord. 2239, eff. 7/5/24)

10-2.4.1603 Notice and Public Hearing.

Notice and conduct of the public hearing shall be according to Article 3 of Part IV of Chapter 2 of this title. (§6, Ord. 2131, eff. 7/18/14)

10-2.4.1604 Findings.

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:

A. The accommodation is requested by or on behalf of an individual with a disability protected under the fair housing laws.

B. The housing, which is subject to the requested accommodation, will be used by an individual with a disability protected under fair housing laws.

C. The requested accommodation is necessary to provide an individual with a disability an equal opportunity to use and enjoy a dwelling.

D. The requested accommodation will not impose an undue financial or administrative burden on the City.

E. The requested accommodation would not require a fundamental alteration in the nature of a City program or law, including land use and zoning. (§6, Ord. 2131, eff. 7/18/14)

10-2.4.1605 Review with Other Discretionary Permits.

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. (§6, Ord. 2131, eff. 7/18/14)

10-2.4.1606 Decisions.

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. (§6, Ord. 2131, eff. 7/18/14)

10-2.4.1607 Appeals.

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. (§6, Ord. 2131, eff. 7/18/14)

10-2.4.1608 Nonconforming Status.

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:

A. The unit has been reoccupied by a qualified person or such improvements provide benefit for future occupancy by a qualified person; or

B. The removal of the improvement is not readily achievable without making significant structural changes that would impact the safety and soundness of the structure, as determined solely by the Building Official, or such costs of removal equal or exceed twenty-five percent (25%) of the market value of the structure. (§6, Ord. 2131, eff. 7/18/14)

10-2.4.1609 Confidentiality.

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. (§6, Ord. 2131, eff. 7/18/14)

10-2.4.1610 Urgent, Temporary and Unforeseen Need.

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. (§6, Ord. 2131, eff. 7/18/14)

Article 17. Community Benefit Agreements

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10-2.4.1701 Purpose.

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. (§17, Ord. 2209, eff. 3/19/21)

10-2.4.1702 Applicability.

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. (§17, Ord. 2209, eff. 3/19/21)

10-2.4.1703 Application. Revised 9/24

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. (§17, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

10-2.4.1704 Findings Required for Approval.

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

A. The proposed community benefit and increase in height, FAR, and/or density is consistent with the General Plan, the applicable specific plan, the Zoning Ordinance (including Measure A and the O-23 Almond-Shuey Overlay Zone), and the Community Benefits Program.

B. If the proposed community benefit will be owned and maintained/operated by the City, the benefit will not result in undue negative fiscal impact to the City, and any related facilities will comply with all applicable City guidelines, standards, regulations, and conditions for dedication and acceptance by the City.

C. If the proposed community benefit will be privately owned and operated, necessary steps (including but not limited to covenants running with the land) have been taken to ensure its continued operational viability and facilities maintenance.

D. For flexible community benefits, as defined and set forth in the Community Benefits Program, the value to the community of the proposed community benefit is proportional to the value to the developer of the proposed increase in height, FAR, and/or density. Further, the proposed community benefit will be highly valued by the community and will serve the surrounding neighborhood and/or the entire City.

Approval of a community benefit agreement and the development bonus(es) thereunder by the City Council or Planning Commission shall not be construed as approval of an entitlement or support for any proposed development project, and such approval of a proposed community benefit does not modify in any way the discretion otherwise provided to the project approval body to consider and act upon the development proposal, including any California Environmental Quality Act (CEQA) compliance, on any aspect other than the community benefit provided and approved by the City Council or Planning Commission. If the proposed community benefit will not be integrated into the development project, separate environmental review will occur as required by CEQA. (§17, Ord. 2209, eff. 3/19/21)

10-2.4.1705 Procedure and Criteria for Review.*

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. (§17, Ord. 2209, eff. 3/19/21)

*Code reviser's note: Section 10-2.4.1705 was originally numbered as Section 10-2.4.1704 in Ordinance 2209. This section and subsequent sections in this article were editorially renumbered to prevent section number duplication.

10-2.4.1706 Notice and Public Hearing.

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. (§17, Ord. 2209, eff. 3/19/21)

10-2.4.1707 Decision.

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. (§17, Ord. 2209, eff. 3/19/21)

10-2.4.1708 Appeal.

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. (§17, Ord. 2209, eff. 3/19/21)

10-2.4.1709 Timing.

Community benefits proposed under a community benefit agreement shall either:

A. Be completed prior to the issuance of a certificate of occupancy for any development relying upon the increased height, FAR, and/or density limits; or

B. Require a financial surety, in a form acceptable to the City Manager and City Attorney, from the property owner or developer to ensure completion of the community benefit at the time mutually agreed to by the parties. (§17, Ord. 2209, eff. 3/19/21)

10-2.4.1710 Modification or Revocation.

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. (§17, Ord. 2209, eff. 3/19/21)