PART III. REGULATIONS APPLYING IN ALL OR SEVERAL DISTRICTSRevised 12/17

Article 1. Site Regulations

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10-2.3.101 Specific Purposes and Applicability.

This article contains land use and development regulations, other than parking, loading, and sign regulations, that are applicable to sites in all or several districts. These regulations shall be applied as specified in this Article.

10-2.3.102 Yards, Setbacks and Open Areas.

A. Front Yard Exceptions. In any R or D district, except R-15 and R-20, where forty percent or more of the potential building sites on one side of any street between intersecting streets have been improved with buildings, the required front yard depth on such segment of street shall be no less than the average of the front yard depths of the improved building sites, but in no event shall any building or portion thereof be erected or structurally altered within any setback area as delineated on the zoning map.

B. Double Frontage. Where the front and rear of a lot abut a street and where other lots front upon both such streets in the same block, a front yard shall be maintained from both streets.

10-2.3.103 Accessory Structures.

A. Detached accessory structures in residential districts may occupy any portion of the lot wherein the main building is permitted.

B. No accessory structure shall be erected on a vacant parcel of land unless approved by a use permit.

C. The combined foot print of all accessory structures together with the foot print of the main dwelling shall not exceed the maximum lot coverage allowed in the zoning district.

D. All or a portion of any accessory structure may be placed within the required rear yard providing all of the following conditions are met:

1. There is a solid, visually impenetrable fence or wall between the accessory structure and the adjoining property line;

2. The accessory structure does not exceed a height of nine feet as measured from the existing or finished grade (whichever is lower), to the highest portion of the roofline;

3. There is a clear passageway of five feet in width between the accessory structure exterior and the main dwelling;

4. There is a clear passageway of three feet in width between the accessory structure, including roof overhang, and any adjacent fence, wall or property line;

5. The total roof area of all accessory structures within the required rear yard does not occupy more than 230 sq. ft. OR 20% of the required rear yard - whichever is less.

E. Accessory structures may be placed within the area of required side yards providing all of the following conditions are met:

1. There is a solid, visually impenetrable fence or wall between the accessory structure and the adjoining property line;

2. The accessory structure does not exceed six feet in height or the height of the existing adjacent fence or wall - whichever is less;

3. There is a clear passageway of three feet in width either between the accessory structure, including roof overhang, and the main dwelling unit, or between the accessory structure and the adjacent fence; and

4. The total roof area of all accessory structures does not occupy more than 120 sq. ft. of the area contained within each respective required side yard.

F. For the purpose of this Section, the area where the required side yard and required rear yards overlap shall be considered as part of the required rear yard. Accessory buildings located within the overlapping area shall conform to the provision of subsection D.

G. Exceptions to the height limit, as stated in Part I, Article 3. Definitions. (Building Height) of the Municipal Code, shall not apply to accessory structures within required rear or required side yards.

H. For the purpose of this Section, a required rear yard shall mean the minimum width or setback applicable to each residential district.

10-2.3.104 Fences and Walls.

A. Except as otherwise provided herein:

1. In all residential districts, no fence, wall or similar structure shall exceed six feet in height, as measured from the highest adjacent grade.

2. In all residential districts, no fence, wall or similar structure shall exceed three feet in height within the required front yard or within the street side yard of a reversed corner lot.

3. Any nonresidential use abutting a residential district shall be separated therefrom by a solid masonry, sound attenuating wall, eight feet (8') in height, as measured from the highest adjacent grade. This requirement may be waived or the height thereof reduced by the Zoning Administrator, following public hearing procedure set forth in Part IV, Article 3. upon the finding that such eight foot (8') fence or wall is not necessary for the protection of such adjoining property.

B. The maximum fence height standards as set forth above may be increased through the issuance of a minor use permit pursuant to the appropriate provisions of Article 22, Chapter 2 of this code; and to the following provisions:

1. Purpose. The minor use permit procedure allows fence height limits to be exceeded without specific findings of hardship or unusual circumstances when reviewed and adequately controlled to assure that the area will assume or retain the characteristics intended by zoning.

2. Findings. No minor use permit for a fence permit shall be granted unless a finding can be made that the installation or construction of a fence, under the conditions of the particular case, will not infringe upon the visual openness of surrounding properties; detract, impair or destroy the characteristics of the established area, nor be detrimental to the health, safety or welfare of persons residing or working in or adjacent to the area or neighborhood of such structure.

3. Conditions. In approving a minor use permit for a fence, the Zoning Administrator shall have the authority to impose such conditions as deemed necessary to protect the best interest of the surrounding area or neighborhood in line with the standards set forth above.

10-2.3.105 Frontage.

All lots or building sites shall have frontage as hereinbefore provided equal to or greater than the minimum required lot width except in the event more than one-half (1/2) of the front lot line is a concave curve, in which case the minimum lot frontage shall be not less than one-half (1/2) the required lot width, and the actual width of the lot measured at the rear line of the required front yard shall be not less than eighty percent (80%) of the required lot width.

10-2.3.106 Exclusion of Rights-of-Way.

In computing lot area, front yards, side yards, lot coverage, lot width, lot depth and lot frontage as required by this chapter, any public or private right-of-way or easement for road or access purposes shall be excluded and a portion of a lot connecting the building site to a public or private street shall also be excluded.

10-2.3.107 Home Occupations.

Subject to the provisions of this section, any real property in a residential district in the City may be utilized and the necessary licenses and permit issued for a home occupation, which is defined as an office or a business of a personal nature conducted by the occupant of a dwelling as a secondary use.

A. Home occupation permits may be issued by the Community Development Director providing the home occupation is not incompatible in any way with the residential character of the neighborhood, that there is no external evidence of its operation, and that the proposed use conforms to all of the following conditions:

1. Home occupations shall be confined to the residents of the dwelling unit and shall not exceed two persons engaged therein.

2. There shall be no goods, samples, materials or objects sold, stored or displayed on the premises in connection with the operation of any home occupation. This condition is not intended to prohibit the temporary interior storage of materials used in the operation of the home occupation so long as such storage does not create a health or safety problem or a neighborhood nuisance.

3. The primary function of a home occupation shall not necessitate the rendering of services to customers or clients on the premises. Exception: the provision of educational services and the supplying of goods or materials to be used in conjunction with the educational services are permitted so long as such activities do not generate pedestrian or vehicular traffic beyond that normal for the district in which it is located and does not create a neighborhood nuisance.

4. Not more than twenty percent of the total floor area of the dwelling unit shall be used in connection with any home occupation.

5. No sign, nameplate or any other form of advertising shall be displayed on the premises in connection with any home occupation.

6. No addition, alteration or remodeling of a dwelling building shall be permitted in connection with any home occupation.

7. The access to that portion of the dwelling used for the home occupation shall be through the main entrance to the dwelling unit.

8. Home occupations permitted hereunder shall be confined in their operation entirely to the main building.

9. Not more than one commercial motor vehicle together with equipment, tools and stock-in-trade maintained therein where such motor vehicle is used as the owner's means of transportation, shall be permitted in any residential district, provided such tools and equipment are not used for the performance of services upon the premises and stock-in-trade is not sold from the premises.

10. Home occupation permits shall be limited to the applicant only.

B. The Community Development Director may refuse a home occupation permit even though the proposed use may appear to qualify technically under all of the conditions set forth in subsection (a) above, if the possibility exists that the proposed use is not in keeping with the intent and purpose of the permission of home occupations in residential districts.

C. In the event an application for a home occupation is refused by the Community Development Director pursuant to the provisions of subsection B. above, or in the event a home occupation will not conform to all of the conditions listed in subsection A. above, such home occupation permit may be granted by the Zoning Administrator pursuant to the provisions of Part IV. Administration. of this chapter. In such event the following provisions shall apply:

1. A finding shall be made that the establishment, maintenance, and/or conducting of the use for which the home occupation permit is sought under such conditions to use as may be deemed necessary, will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in or adjacent to the neighborhood of such use, and will not, under the circumstances of the particular case, be detrimental to the public welfare or injurious to property in such neighborhood.

There shall also be a finding that the home occupation will not be objectionable or undesirable because of potential noise, increased pedestrian or vehicular traffic, or any other condition which may interfere with the general welfare of the surrounding residential area.

2. The conditions set forth in subsection A. of this section shall be applicable to all permits approved by the Zoning Administrator for home occupations except as specifically set forth in the approval of the permit.

3. In approving a home occupation use permit, the Zoning Administrator shall have the authority to impose such conditions as deemed necessary to protect the best interests of the surrounding area or neighborhood, in line with the standards set forth above and with the General Plan.

D. The following occupations, and all uses similar thereto, when conducted on a commercial basis, shall not be construed to be home occupations and therefore shall not be permitted in residential districts:

1. The repair, manufacture, processing or alteration of goods, materials or objects; exception: dressmaking, tailoring and the manufacturing of arts and crafts items intended for off-premises sale where no equipment or process is used which creates an adverse impact on neighborhood;

2. Any use involving food handling, processing or packing;

3. Harboring, training or raising dogs, cats, birds, horses or other animals;

4. Automobile and/or body and fender repairing.

E. If the use for which a home occupation permit has been granted ceases for a period of six consecutive months, all permits issued pursuant to this section shall become null and void.

F. Home occupation permits granted pursuant to this section may be revoked by the Zoning Administrator pursuant to the procedures established by Part IV, Article 15 of this chapter, such revocation to be based upon the failure to comply with any of the provisions of this chapter or if a complaint is filed with the Community Development Director when the use of any property in a residential district as a home occupation results in an undesirable condition interfering with the general welfare of the surrounding residential area.

10-2.3.108 Animals.

A. Household Pets: Household pets are permitted in all land use districts where residential uses are allowed subject to the following provisions:

1. Up to three animals, including poultry (except roosters), domestic, or exotic animals, as defined by this Chapter, may be kept as household pets. Livestock and roosters are not permitted to be kept as household pets.

2. No animals, except cats, are permitted to run at large, but shall be, at all times, confined within a suitable enclosure, kept within the main building, or otherwise be under the control of the owner of the property;

3. Animal enclosures, pens, or runs shall not be located within the front yard (as defined in this Chapter);

4. Newborn and baby animals up to the age of 10 weeks shall not be counted in determining compliance with the numerical limits of this subsection.

5. Abatement.

a. Any landowner or resident who feels adversely affected by the keeping of pets on any property in the neighborhood may file a written request for a hearing on the subject, or if the Zoning Administrator believes there may be reason for rescinding the permission to keep certain pets, or to reduce the number of such animals permitted, he shall set a hearing on the subject. The persons keeping the animals and all landowners as shown on the last equalized assessment rolls within three hundred feet of the site where the animals are kept shall be notified of the hearing at least ten days in advance. If, after the hearing, the Zoning Administrator finds that the animals are causing a nuisance because of noise, odor, insects, dust, or otherwise, he may order such conditions that will rectify the situation or he may order that the premises be vacated of animals.

B. Livestock and Poultry: Livestock and poultry, as defined in this Title, shall be permitted in the R-40 District subject to the following conditions. In the R-8, R-8.5, R-10, R-12, R-15, and R-20 Districts livestock and poultry are conditionally permitted with the granting of a Minor Use Permit, subject to the following conditions:

1. No livestock or poultry shall be kept or maintained on any parcel of real property under one ownership, which contains less than 40,000 square feet, unless the parcel is immediately adjacent to public open space, and contains at least 20,000 square feet. Public open space includes any land owned by a public agency for the purpose of maintaining open space, any land designated open space on the General Plan, or a freeway or railroad right-of-way;

2. The number of livestock kept or maintained on any parcel of real property, under one ownership, shall not exceed one for each twenty thousand square feet (20,000) of land contained in such parcel;

3. On any parcel of land upon which livestock is kept or maintained, there shall be erected a barn, stable or similar building, which shall be located not closer than one hundred feet to any public street nor closer than fifty feet to any interior lot line. A chicken coop or similar poultry enclosure may be constructed but shall be subject to the same setback requirements as a barn, stable or similar building;

4. No fence, corral, chicken coop, or similar enclosure shall be located within fifteen feet of any side or rear property line or within one hundred feet of any front property line;

5. No barn, stable, fence, corral, chicken coop, or other enclosure for the keeping of livestock or poultry shall be located within fifty feet of any building used for human habitation;

6. The number of livestock allowed may be increased above the maximum of 1 per 20,000 square feet in the granting of a minor use permit if a finding is made that the site is suitable and can support the additional livestock without creating nuisance problems for surrounding residential property.

7. Those distances as specified in paragraphs 4. and 5. and 6. of this subsection may be reduced or waived in the granting of a Minor Use Permit upon the finding that such distances are not necessary for the protection of neighboring residences;

8. The keeping of livestock and poultry shall be accessory to the residential use of the property;

9. A Minor Use Permit granted for the purpose of allowing livestock and poultry may be revoked if:

a. Any of the conditions of the Minor Use Permit are not strictly adhered to, or

b. Upon the finding that the lands surrounding the property subject to a Minor Use Permit have developed into urban uses to the degree that keeping livestock or poultry could be detrimental to the peaceful enjoyment of property or improvements in the neighborhood.

In the event a Minor Use Permit is revoked only because of urban development as described above, the effective date to remove livestock or poultry shall be not less than one year following the date the Minor Use Permit is revoked.

10-2.3.109 Bed and Breakfast Inns.

Bed and Breakfast Inns in Residential Zoning Districts are permitted upon approval of a Conditional Use Permit. In approving the use permit, the Planning Commission shall find that:

A. The facility is located on or within 500' of an arterial or collector street.

B. There shall be no more than 5 guest rooms unless the Planning Commissions can make special findings that due to the size of the property, number of existing bedrooms, the relationship to surrounding residential properties and the availability of on-site parking, that more guest rooms will not negatively impact the residential neighborhood. In no case shall there be more than 10 guest rooms.

C. The maximum length of stay for any guest shall be no more than 1 week.

D. The only meal provided shall be breakfast. Other meals may be served at Special Events.

E. Signage shall only identify, rather than advertise, the establishment.

F. No Bed and Breakfast Inns shall be located on a lot closer than 500 feet from any other lot containing a Bed and Breakfast Inn.

G. On-site required parking that is not located within a garage or on the paved driveway for the garage shall be screened from view.

H. The exterior appearance of the Bed and Breakfast Inn shall be residential in character and shall be compatible with the character of the neighborhood.

I. The Planning Commission may allow Special Events at the facility. If the Planning Commission determines that the proposed Bed and Breakfast Inn is an appropriate location for Special Events to occur, additional conditions relating to hours of operation, number of guests, additional parking requirements and music or entertainment provisions may be imposed.

J. The Planning Commission can make special findings that due to the size of the property, the relationship to surrounding residential properties and other site evaluation issues, that the findings required in A. C. and E. above are not necessary to protect the residential character of the neighborhood.

10-2.3.110 Building Projections into Yards.

Eaves and other architectural features not an essential part of the building may project into any side or rear yard not more than forty percent (40%) of the required width of said side or rear yard and not more than four feet (4') into any required front yard. Notwithstanding the increased required side and rear yards for multiple-story buildings, the side yard widths for fireplaces and chimneys not exceeding eight feet (8') in length, open balconies, and open framework stairways shall be not less than the adjacent side or rear yard required for a one-story building.

10-2.3.111 Motor Homes, Trailers, Boats, Buses and Campers.

A. No mobile home, trailer, boat, bus or unmounted camper shell shall be parked or stored within any required front or street side yard in any residential district except under the following circumstances only:

1. For the purpose of loading or unloading, not to exceed 24 hours before or after a trip; or

2. For the purpose of accommodating visitors who are traveling in the vehicle, not to exceed one week.

B. No motor home, in excess of 20' in length and 7' in height, shall be parked or stored within any required front or street side yard in any residential district except under the following circumstances only:

1. If the motor home is the only vehicle registered to, and customarily used by, the owner or occupant of the premises; or

2. For the purpose of loading or unloading, not to exceed 24 hours before or after a trip; or

3. For the purpose of accommodating visitors who are traveling in the vehicle, not to exceed one week.

C. No motor home, mobile home, trailer, boat, bus, or camper (mounted or unmounted) shall be occupied for living, sleeping, or any other purpose while stored on any property other than a recreational vehicle park, provided however, that visitors traveling in any such vehicle may live or sleep in the vehicle for a period not to exceed one week.

10-2.3.112 Swimming Pools.

Swimming pools shall not occupy any portion of a required front yard or street side yard.

10-2.3.113 Temporary Tract Offices.

One temporary tract office shall be permitted within any subdivision being developed in any residential district providing such office is removed or converted to an otherwise permitted use within twenty-four (24) months subsequent to the notice of completion of said structure or upon the sale of all houses or lots therein, whichever date is later, but in no event shall any such building be sold unless it is converted to a conforming use prior to sale.

10-2.3.114 Corner Lots.

Regardless of the orientation of the main building, the front yard of a corner lot shall be the continuation of the front yard of the adjacent interior lot. To determine the rear yard, the front lot line of a reversed corner lot (a corner lot that has two front yards) may be the lot line abutting either street. The side yard on a reversed corner lot shall extend from the front yard to the rear lot line.

10-2.3.115 Irregularly Shaped Lots.

A lot bounded by only three (3) lines shall be deemed to have no rear lot line. In the event a lot is bounded by five (5) or more lines, only the two (2) interior lines which intersect a street shall be deemed side lot lines; all other interior lines shall be deemed the rear lot lines.

10-2.3.116 Paving Requirements for Storage Lots.

In order to control dust and mud in all land use districts other than residential, lot areas not covered by buildings, but which are used for any nonresidential or nonagricultural purpose including, but not limited to, the repair or storage of vehicles, equipment and materials, shall be paved and maintained in an orderly manner at all times.

10-2.3.117 Adult Businesses.

A. No Adult Business (see Title 6, Chapter 9 of Municipal Code for Adult Business definitions and requirements for Adult Business Permits) shall be located closer than 1,000 feet to any school, public or private, attendance at which satisfies the requirements of the compulsory education laws of the State of California.

B. No Adult Business shall be located closer than 700 feet to any one of the following:

1. Any residential district, including any district beginning with prefix, R-,D-, or M-.

2. Any property zoned P-D (Planned Development District), Mixed Use Planned Development or High Density Residential Planned Development, for which a P-D Permit has been obtained, when such use contains a residential component.

3. Any public park, excluding pocket parks.

4. The Contra Costa Canal Regional Trail.

5. Any other adult business.

6. Any permanent existing places of worship as of June 17, 1993.

C. The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the parcel upon which the proposed Adult Business is to be located to the nearest point of the parcel or applicable zoning district boundary line from which the proposed Adult Business is to be separated.

10-2.3.118 Temporary Activity Permits.

A. Authorization: The Community Development Director is authorized to permit temporary uses as described in Part I, Article 4. Use Classifications and as allowed by the Use Regulations section within each zoning district. Nothing contained herein is intended to add or delete permitted or conditionally permitted uses in any zoning district. Where the provisions of other sections of the Zoning Ordinance differ from this, the more restrictive provisions shall apply.

B. Permits Required: A Short Term Promotional Program Permit is required for temporary uses which last 5 consecutive days or less. A Seasonal Activity Permit is required for temporary uses which last 16 consecutive days or longer or occur on a weekly, bi-weekly or monthly basis, but are not continuous.

1. Short Term Promotional Programs. This classification shall include the following events which last 5 consecutive days or less and occur no more than once on a quarterly basis:

a. Arts and Crafts Shows, Outdoor

b. Civic/Community Events

c. Live Entertainment Events

d. Retail Sales, Outdoor

e. Street Fairs

f. Swap Meets, Non-recurring

2. Seasonal Activities. This classification shall include the following events which last 16 consecutive days or longer or occur on a weekly, bi-weekly or monthly basis, but are not continuous:

a. Christmas Tree Sales

b. Farmers Markets

c. Pumpkin Sales

d. Swap-meets, Recurring

e. Vendor-Carts

C. Conditions of Approval: Temporary Activity Permits may be issued by the Community Development Director providing that:

1. The proposed Temporary Use will be located, operated, and maintained consistent with the policies of the General Plan and the provisions of this Chapter; and

2. Approval of the application will not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare; and

3. The proposed use conforms to the following conditions:

a. Retail Sales-Outdoor, Pumpkin and Christmas Tree Sales, Vendorcarts, and Swapmeets:

(1) Shall not interfere with pedestrian traffic in the normal course of shopping or walking;

(2) Shall not interfere with on-site vehicular traffic flow;

(3) Shall not obstruct or interfere with traffic flow on public streets.

b. Retail Sales, Outdoor shall not exceed three consecutive days and shall not exceed four events per calendar year.

c. Vendor-Carts shall be uses that are typically associated with the primary use of the facility (i.e. a flower cart in front of a flower shop, a coffee cart in front of a coffee store). The individual zoning districts may or may not permit vendor carts as a temporary use. The individual zoning district's use regulations shall be checked to determine whether vendor carts are permitted and if there are any additional restrictions regarding vendor cart use.

d. The Community Development Director may impose additional conditions necessary to:

(1) Achieve the general purposes of this Section and the specific purposes of the land use district in which the temporary use will be located;

(2) Ensure operation and maintenance of the temporary use in a manner compatible with existing uses in the surrounding area;

(3) Restore or maintain the area in its original condition which may include the posting of bonds;

(4) Protect the City from any liability which may include the applicant providing evidence of liability and casualty insurance in amounts determined necessary by the City, and the City being named as an additional insured;

(5) Provide adequate access and parking;

(6) Ensure that lighting and temporary signage meet the provisions of this Chapter.

D. Application: Four dimensioned and scaled site plans shall be submitted to the Community Development Director for review of zoning compliance a minimum of ten (10) days prior to the commencement of any activity. The site plans shall be referred to the Consolidated Fire District, the Code Enforcement Division, and the Public Services Division for review and comment within the ten day period. The site plan shall show the size and location of the following:

1. Property lines, sidewalks;

2. Existing and proposed temporary structures, offstreet parking and loading facilities;

3. Indicate points of entry and exit for vehicles and circulations pattern;

4. Location of walls and fences;

5. Lighting standards and devices;

6. Temporary electrical hookups;

7. Existing and proposed temporary signs.

E. Effective Date; Duration: The Temporary Activity Permit for Short Term Promotional Programs is valid for a specified time period not to exceed 5 days. The Planning Commission shall have authority to extend the time limit of a Short Term Promotional Programs beyond such 5 day limit. The Temporary Activity Permit for Seasonal Activities is valid for the time period specified in the permit. A Temporary Activity Permit lapses if not used within the dates approved.

F. Revocation: The Community Development Director may revoke the permit effective immediately upon verbal or written notice for violation of the terms of the permit. The Community Development Director may approve changes in a temporary activity permit.

10-2.3.119 Planned Unit Developments and Condominiums.

In a planned unit development or condominium development, minimum yards, lot area, lot width, lot frontage and lot depth and maximum lot coverage shall apply to each building in relation to adjacent streets and project boundary lines rather than to each lot which is designed for individual ownership.

10-2.3.120 Wireless Communication Facilities.

A. Purpose and Intent. The purpose of this section is to establish a comprehensive set of zoning requirements for antennas and wireless communication facilities. These regulations are intended to provide for the managed development of antennas and wireless communication facilities in a manner that recognizes and enhances the community benefits of wireless communication technology and reasonably accommodates the needs of citizens and wireless communication service providers in accordance with Federal and State rules and regulations, while at the same time protects neighbors from potential adverse impacts of such facilities; preserves the visual character of the established community and the natural beauty of hillsides and ridgelines.

B. Exemptions. The requirements imposed by this section shall not apply to antennas or antenna structures set forth in this subsection, unless noted otherwise below. Each such exempt facility above shall fully comply with any other applicable requirements of the Municipal Code to the extent not specially exempted in this section, including but not limited to the California Building Code, California Electrical Code, California Plumbing Code, California Mechanical Code and California Fire Code.

1. Direct broadcast satellite (DBS) antennas and multipoint distribution services (MDS) antennas measuring one (1) meter or less in diameter (or diagonal measurement); and television broadcast system (TVBS) antennas provided: (i) the antenna is located entirely on and/or above the subject property, and (ii) no portion of any ground-mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot or adjacent to a street.

2. Satellite earth station (SES) antennas measuring two (2) meters or less in diameter (or diagonal measurement) located on a property within any Commercial or Industrial Zoning District, provided: (i) the antenna is located entirely on and/or above the subject property; and (ii) no portion of any ground-mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot or adjacent to a street. All SES antennas shall require a building permit and Planning Division review of placement to insure that maximum safety is maintained.

3. Antennas and antenna structures constructed by or for FCC licensed amateur radio operators that comply with the following provisions shall require a building permit and Planning Division review of placement to insure that maximum safety is maintained:

i. The antenna structure, when fully extended, measures forty-five (45) feet or less in height, and measures twenty-four (24) inches or less in diameter or width;

ii. The antenna boom measures twenty (20) feet or less in length and is three (3) inches or less in diameter;

iii. No antenna element exceeds thirty-two (32) feet in length or two (2) inches in diameter or width, with the exception of mid-element tuning devices which shall not exceed six (6) inches in diameter or width;

iv. The turning radius of any antenna does not exceed twenty-six (26) feet; and

v. All antennas and antenna structures shall comply with the provisions of subsection (D)(1) of this section (Development Standards) and any other applicable provisions of the Walnut Creek Municipal Code.

4. A proposed facility shall be exempt from the provisions of this section if, and to the extent that, rules and regulations of the Federal Communications Commission (FCC) or the provisions of a permit issued by the California Public Utilities Commission (CPUC) specifically provide that the facility is exempt from City regulation.

5. Small cell antenna facilities (SCAF), as defined in subsection (B)(5)(i) of this section, shall be exempted from the requirements of this chapter and be subjected to the following provisions:

i. A "small cell antenna facility" means a wireless telecommunications facility, as defined in paragraph (2) of subdivision (d) of Government Code Section 65850.6, as amended, or a wireless facility that uses licensed or unlicensed spectrum and that meets the following requirements:

a. The small cell antenna(s) on the structure, excluding certain ancillary equipment as specified in this subsection, that totals no more than six (6) cubic feet in volume, whether an array or separate.

b. Any individual piece of any ancillary equipment, except those specified in this subsection, on pole structures that does not exceed nine (9) cubic feet.

c. The cumulative total of any ancillary equipment, except those specified in this subsection, on pole structures does not exceed twenty-one (21) cubic feet.

d. The cumulative total of any ground-mounted equipment along with all ancillary equipment, except those specified in this subsection, on any pole or nonpole structure does not exceed thirty-five (35) cubic feet.

e. A "micro wireless facility," which shall be defined as a small cell that is no larger than twenty-four (24) inches long, fifteen (15) inches in width, twelve (12) inches in height, and that has an exterior antenna, if any, no longer than eleven (11) inches.

f. For the purposes of this subsection, the following types of ancillary equipment are excluded from the calculation of equipment volume:

1. Electric meters and any required pedestal;

2. Concealment elements such as a stealth facility;

3. Any telecommunications demarcation box;

4. Grounding equipment, power transfer switch;

5. Cutoff switch;

6. Vertical cable runs for the connection of power and other services; and

7. Equipment concealed within an existing building or structure.

ii. SCAFs proposed for installation within the public right-of-way shall obtain an encroachment permit prior to commencing work, including construction, installation and operation. SCAF installation and construction shall be subject to requirements of the encroachment permit, including aesthetics, design and location criteria contained therein. The City shall have the right to inspect said SCAF to ensure compliance with all conditions of the permit.

iii. SCAF proposed for installation upon vertical infrastructure owned by the City shall obtain an encroachment permit prior to commencing work, in accordance with the requirements of subsection (B)(5)(ii) of this section. Such SCAF shall also be subject to the execution of a master lease agreement between the City and the wireless carrier.

iv. Applicant or owner of SCAF subject to the requirements of subsections (B)(5)(ii) and (iii) of this section shall, at its sole cost, be responsible for repairing to City standard specifications or replacing in-kind any City facilities or improvements disturbed or damaged during the installation, maintenance, operation, repair or removal of the SCAF and any support infrastructure.

v. Each SCAF described in subsections (B)(5)(ii) and (iii) of this section shall be relocated at applicant's or owner's sole cost, upon demand by City with reasonable notice, to allow for public projects, services or improvements.

vi. An applicant or owner desiring to vacate a SCAF shall comply with the requirements of subsection (G) of this section entitled “Discontinuance of Use.”

6. SCAF micro wireless facilities that are owned or operated by an existing franchisee authorized to operate such facilities under an existing franchise as defined under 47 U.S.C. §522(9) and that are suspended, whether embedded or attached, on communication cables strung between utility poles in compliance with the State safety codes shall be exempt from the provisions of this chapter, including any requirement for an encroachment permit.

C. Review and Approval. Any person who proposes to install or operate a wireless communication facility shall first obtain approval of a conditional use permit and/or design review approval, as set forth below, unless the facility is exempt under Section 10-2.3.120.B of this ordinance.

1. Required Permits. Requests for approval of wireless communication facilities shall be reviewed as follows:

a. Conditional Use Permit. Antennas and antenna structures set forth in this subsection shall require a conditional use permit pursuant to the provisions of Section 10-2.4.601 of this Chapter (Zoning Ordinance) and Sections 10-2.3.120.C.2 and 3 of this ordinance:

1. An amateur radio antenna or antenna structure which, when fully extended, exceeds sixty (60) feet in height;

2. A service provider facility located in or within three hundred (300) feet of a Residential Zoning District (as defined in Section 10-2.1.303(A)(163) of this Chapter); or in the Open Space/Recreation Zoning District; and

3. A monopole antenna structure constructed by or for a service provider.

b. Design Review Application. Antennas and antenna structures set forth in this subsection shall require a design review application pursuant to Section 10-2.4.1202 of this Chapter (Zoning Ordinance) and Sections 10-2.3.120.C.2 and 3 of this ordinance. The Design Review Commission may delegate its authority under this subsection to the Community Development Director, in which case approval may still only be granted after providing ten (10) days notice to property owners within a 300-foot radius of the proposed antenna location.

1. A monopole antenna structure constructed by or for an FCC licensed amateur radio operator which, when fully extended, is between forty-five (45) and sixty (60) feet in height, and/or has a turning radius exceeding 26 feet (i.e., when the antennas are rotated);

2. A service provider facility located anywhere other than in or within three hundred (300) feet of a Residential Zoning District (as defined in Section 10-2.1.303(A)(163) of this Chapter) or in the Open Space/Recreation Zoning District; and

3. A monopole antenna structure constructed by or for a service provider.

c. Building Permit. All antennas and antenna structures, unless specifically exempted under Section 10-2.3.120.B. of this ordinance, shall require a building permit.

2. Findings. The hearing body may approve a conditional use permit or design review application for a wireless communication facility only upon making the findings set forth in Section 10-2.601 (Conditional Use Permit) or Section 10-4.1202 (Design Review Application) as well as the following finding: Every applicable requirement set forth in Sections 10-2.3.120.D, E. and F. of this ordinance is satisfied, or an exception has been granted to Section 10-2.3.120.C.3.)

3. Exceptions. The hearing body may grant an exception to any requirement of this ordinance that is not met upon finding that: a) strict compliance preclude the reasonable accommodation of the communication needs of the operator as set forth in federal and/or State rules and regulations; and b) there are no other feasible alternatives. In order to grant an exception for a wireless communication facility located within a vertical distance of one hundred (100) feet of a Major Ridge, the hearing body must also make one of the following findings: a) due to the proposed location and/or design of the facility, it will not be readily visible from surrounding properties, right-of-way or public property; or b) due to existing structures and/or landscaping, the facility will be substantially screened from view and will not have significant adverse visual impacts.

4. Modification or Revocation. A use permit may be modified or revoked as provided in Section 10-2.4.412.

5. Submittal Requirements. In addition to the general requirements set forth in other sections of this Chapter, each application shall include the following information:

a. Documentation demonstrating that the facility will comply with applicable radio frequency (RF) emission standards as set forth in subsection (D)(1)(i) of this section. Such documentation may be satisfied by a written demonstration of compliance with FCC Bulletin OET-65, as amended;

b. Written description of the proposed method(s) of correcting any potential interference with consumer electronic products that may result from the operation of the facility as set forth in Section 10-2.3.120.D.2.i. of this ordinance;

c. Written description of any noise generated by the facility, including but not limited to retractable monopole motors, antenna rotators, power generation and related equipment. Such information shall include the estimated times, frequency, duration and decibel levels of the noise.

d. Any application for a facility that does not comply with all applicable standards in Sections 10-2.3.120.D., E and F of this ordinance shall include a written statement explaining why strict compliance with the standard would not reasonably accommodate the communication needs of the operator, any alternatives that were considered, and the reasons why there are no feasible alternatives that would meet the standard.

e. Based on the reasonable discretion of the Community Development Director, the City, at the applicant's sole expense, may also required the applicant to provide:

1. Visual impact analysis showing a silhouette or other visualization(s) of the proposed facility within the context of its surroundings; and/or

2. Written authorization for the City to hire an independent, qualified consultant to evaluate technical and other aspects of the proposal, including but not limited to, compliance with applicable emission standards, potential for interference with consumer electronic products and/or public safety communications and the appropriateness of granting any requested exceptions. Such authorization shall include a written agreement by the applicant to advance or promptly reimburse the City for all reasonable costs associated with the consultation.

f. The type(s) of wireless communication service(s) to be provided by the facility.

g. In addition to the information required in Sections 10-2.3.120.C.5.a-f of this ordinance, applications for approval of a service provider facility shall include the following:

1. Map showing all current and planned facility sites within and adjacent to the City that are owned and/or operated by the service operator;

2. Name(s), address(es) and telephone number(s) of the person(s) that own the facility and that will be responsible for its operation and maintenance;

3. Any proposed access roads or parking areas; and

4. Documentation that the operator has obtained any licenses and/or approvals that are required by federal and/or State agencies.

D. General Requirements. Unless specifically stated otherwise in this ordinance, all antennas and antenna structures shall be designed, installed and operated in compliance with the following provisions:

1. Development Standards.

a. No portion of an antenna, support structure or any related equipment shall be located on or within a vertical distance of one hundred (100) feet of a Visually Prominent Ridge as defined in Section 10-2.3.402. (§19, Ord. 2070, eff. 6/20/2008)

b. Unless otherwise required by city, county, state or federal rules or regulations, wireless communication facilities shall have a non-reflective finish and shall be painted a neutral color consistent with the predominant background color, as determined by the approval body.

c. Unless otherwise required by applicable federal rules or regulations, no wireless communications facility shall have artificial lighting.

d. All facilities shall be designed so as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions, which would result in hazardous conditions, visual blight, or attractive nuisances.

e. No portion of any antenna, support structure or related equipment shall overhang a property line. This restriction shall apply to any portion of any antennas as they rotate or are in a fixed position.

f. All wireless communication facilities shall comply with the applicable provisions of this ordinance and Chapter (Zoning Ordinance) as well as the California Building Code, California Electrical Code, California Plumbing Code, California Mechanical Code, California Fire Code and rules and regulations imposed by state and federal agencies.

g. No antenna or antenna structure shall be located within the required front yard setback for the main building, in front of the main building, within the required side yard setback of a corner lot or adjacent to any street frontage. This requirement shall apply to antennas as they rotate.

h. Not more than one (1) monopole antenna structure is permitted on any parcel in a Residential Zoning District.

i. No wireless communication facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to the public health. To that end, no facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the FCC's Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the city, county, state or federal government. Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory, and any violation of this section shall be grounds for the City to immediately terminate any permit granted hereunder, or to order the immediate service termination of any non-permitted, non-complying facility constructed within the City.

j. Existing and new landscaping materials, especially trees, shall be used where possible to screen antenna and antenna towers from off-site views.

2. Design and Operational Standards

a. In order of preference, wireless communication facilities and ancillary equipment shall be located within a building, on a screened rooftop, on a building facade or within in a fenced yard area. Antennas, antenna structures and related equipment shall incorporate architectural, landscape, color and/or other treatments to minimize potential visual impacts.

b. Building mounted antennas shall be in scale and architecturally integrated with the building design in such a manner as to be visually unobtrusive. Screening may include locating the facility within attics, steeples, and towers or within a new architectural addition to a building or structure, which is architecturally compatible with the building.

c. All wireless communication facilities shall be:

i. Substantially screened from the view of surrounding properties, public right-of-way and other public property; or co-located with existing facilities or structures so as not to create substantial visual, noise or thermal impacts; or

ii. Located in areas with substantial existing screening by structures and/or landscaping; or

iii. Designed to appear as natural features found in the immediate area, such as trees or rocks, so as to be effectively unnoticeable.

d. Whenever reasonably feasible as may be determined by the Community Development Director, all facilities shall avoid any unreasonable obstruction of views from neighboring properties.

e. Whenever reasonably feasible as may be determined by the Community Development Director, wireless communication facilities shall be installed in a manner so as to preserve existing landscaping, whether or not it is utilized for screening. Additional landscaping may be required where such vegetation is deemed necessary and appropriate to provide screening.

f. The smallest and least visible antennas as possible should be installed which will reasonably accommodate the operator's communication needs. The applicant shall disclose what antennas and support structures were evaluated, and the selection process used to select the antenna and support structure consistent with this section.

g. The City shall retain the authority to limit the number of antennas and related equipment at any site in order to minimize potential visual impacts.

h. Each facility shall be operated in such a manner so as to minimize any noise impacts.

i. To the extent allowed under applicable federal rules and regulations, the operator of a wireless communication facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission that are caused by the facility. If a federal agency with jurisdiction over such matters finds that a facility is operating in violation of federal standards, the operator shall bring the facility into conformance with such standards within the conformance period established by the federal agency. In the event that the federal agency does not establish a conformance period, the operator shall bring the facility into conformance within thirty (30) days of notification by the federal agency. The operator is under an affirmative duty to promptly provide the Community Development Director with a copy of any notice of such violation issued by any federal agency. Any violation of the provisions of this section shall be grounds for the City to terminate any permit granted hereunder and/or to order the immediate service termination of the facility. The operator shall be responsible for all labor and equipment costs for determining the source of the interference, all costs associated with eliminating the interference, (including but not limited to filtering, installing radio frequency cavities, installing directional antennas, powering down systems and engineering analysis), and all costs arising from third party claims against the City attributable to such interference.

E. Special Provisions for Amateur Radio Antennas and Antenna Structures. In addition to the General Requirements in Section 10-2.3.120.D of this ordinance, amateur radio antennas and antenna structures shall be the minimum height and size necessary to reasonably accommodate the operator's communication needs, in accordance with FCC regulations as set forth in FCC Order "PRB-1". Retractable monopoles may be required for antenna structures over 45 feet in height which are in or within three hundred (300) feet of any Residential Zoning District (as defined in Section 10-2.1.303(A)(163) of this Chapter) or in the Open Space/Recreation Zoning District). At times when not in operation, the monopole may be required to be retracted to the lowest elevation possible in order to maintain a safe clearance above any nearby building, accessory structure, overhead utility, landscaping and/or any other site improvements.

F. Special Provisions for Service Provider Facilities. In addition to the General Requirements in Section 10-2.3.120.D of this ordinance, service provider facilities shall comply with the following requirements:

1. Whenever reasonably feasible, as determined by the Community Development Director, service provider facilities shall be encouraged to be located on City-owned property or public right-of-way.

2. Any service provider facilities that are developed on vacant sites shall be temporary. When such sites are developed, these facilities shall be removed. Such facilities may be replaced with building mounted antennas or other types of appropriate facilities, subject to review and approval by the City in accordance with Section 10-2.3.122.C. (Review and Approval) of this ordinance.

3. Facilities shall be co-located with existing facilities, whenever reasonably feasible and aesthetically desirable. In order to facilitate future co-location of antennas for other service providers, the conditions of approval shall prohibit the applicant from entering into an exclusive lease for the use of the site.

4. Roof mounted antennas and antenna structures shall not exceed a height of twelve (12) feet above the maximum allowed height limit for the main building in the zoning district in which the facility is located. If there is no height limit for the main building, the antennas and support structures shall not exceed sixty (60) feet in height.

G. Discontinuance of Use. Antennas, support structures and related equipment shall be removed within thirty (30) calendar days of the discontinuation of the use of a wireless communication facility and the site shall be restored to its previous condition. The service provider shall provide the Community Development Department with a notice of intent to vacate the site a minimum of thirty (30) calendar days prior to vacation. For facilities located on City property, this requirement shall be included in the terms of the lease. For facilities located on other sites, the property owner shall be responsible for removal of all antennas, structures and related equipment within thirty (30) calendar days of the discontinuation of the use.

H. Nonconforming Facilities. Any wireless communication facility in existence prior to the effective date of the ordinance codified in this section which is nonconforming to the provisions of this section may continue to be used. Such nonconforming facilities may be operated, repaired and maintained but shall not be enlarged, expanded, relocated or modified to increase the discrepancy between the existing conditions and the requirements of this section. (§3, Ord. 1902, eff. 2/20/97; and by §2, Ord. 1967, eff. 8/31/00; §20, Ord. 2134, eff. 11/20/14; §3, Ord. 2176, eff. 12/8/17)

10-2.3.121 Regulations for Outdoor Sales, Service, Display.

A. The intent of this section is to limit outdoor sales, service, display and storage to those uses or situations where there is no feasible alternative. Nothing contained herein is intended to apply to residential uses. The parking, loading, or unloading of vehicles in conjunction with a permitted use is not considered outdoor service or storage. Nothing contained herein is intended to add or delete permitted or conditionally permitted uses in any zone district. Where the provisions of other sections of the Zoning Ordinance differ from this, the more restrictive provisions shall prevail.

B. Outdoor sales, service, display of merchandise or products, and storage shall be prohibited in any zone district except as follows:

1. Temporary Uses as allowed pursuant to Sec. 10.2.3.118. Temporary Activity Permits.

2. The sale, rental or leasing of automobiles, trucks, campers, trailer, boats, and other similar large vehicles;

3. The sale of plants.

4. Dog and cat kennels.

5. Gasoline service stations: pumps and display racks for automobile products, provided that the latter:

a. Occupies no more than twenty square feet;

b. Is maintained either on the pump island or is placed within three feet of the principal building;

c. Is limited to one per street frontage or one per pump island.

6. Lumber and Building Material Yards and Community Facility Maintenance and Service Yards which are completely screened from view from an adjacent public street or highway by a solid wall or building.

7. Agriculture.

8. Public and private recreation uses including, but not limited to: riding academy, golf course, water related activities, archery range, zoo, stadium, park and playground (but not including the ancillary storage of equipment and vehicles).

9. Recreational trailer park or vehicle storage when completely screened from view from an adjacent public street or highway by a solid wall or building.

10. Accessory structures such as pumps, tanks, pipes when it can be demonstrated that an outdoor location is needed for health and safety consideration or when, due to structure size, it is not feasible to locate the structure within a building and Design Review Commission approval has been granted.

11. Recycling facilities as allowed pursuant to Part III, Article 7. Recycling Facilities.

10-2.3.122 Service Stations; Convenience Markets with Gasoline Sales.

The following supplementary development regulations shall apply to the Service Station and Convenience Market with Gasoline Sales use classifications (except in the Pedestrian Retail Zoning District):

A. The site area shall be a minimum of 15,000 square feet;

B. A minimum of fifteen percent (15%) of the site shall be landscaped as follows:

1. Landscaping shall be concentrated at the perimeter of the site to provide adequate screening for the large expanses of pavement;

2. Street frontage landscaping shall be a minimum of 7' in width and bermed to no less than 2' in height.

C. No more than 35% of the street frontage shall be devoted to curb cuts. The remaining area shall be devoted to landscaping.

D. No more than 18% of the site shall be covered by a canopy.

E. The pump islands shall be situated to provide stacking space for a minimum of two vehicles behind the vehicle parked at the pump closest to the entrance and/or exit driveway(s);

F. The internal circulation system shall allow for vehicle stacking without blocking ingress and egress on and off the site.

G. The buildings and/or canopy shall be designed for architectural compatibility with the community.

H. The Planning Commission, upon recommendation by the Design Review Commission, may permit exceptions to the landscaping, maximum street frontage devoted to curb cuts, and maximum canopy coverage requirements listed above.

10-2.3.123 Offsite Distribution for Eating and Drinking Establishments and Specialty Food Shops.

The following supplementary development regulations shall apply to Eating and Drinking Establishments with Offsite Distribution and Specialty Food Shops with Offsite Distribution:

A. The off-site distribution of prepared food and or beverages is an accessory use to the eating and drinking establishment or specialty food shop; and

B. The storage of the prepared food and/or beverages for off-site distribution is on the interior of the building; and

C. The off-site distribution does not create additional traffic impacts; and

D. The vehicular circulation and off-site loading facilities are adequate.

10-2.3.124 Elevators.

A. Purpose. The proportion of people who would find the use of stairs to get to or from a floor, above or below the ground floor, excessively difficult or impossible is significantly greater among people who would qualify as senior citizens than it is among the general adult population. Therefore, this section is intended to require the provision of mechanical aids for that age group wherever such aid is needed.

B. Elevators Required. No building permit shall be issued for any multiple-family or congregate care dwelling which is limited in whole or in part to occupancy by senior citizens and where the entrance to at least ten residential units is off of a common corridor or hallway situated at least six feet above or below the main building entrance, grade level or parking level unless such dwelling is equipped with an elevator that provides access to all floors that are used for human habitation, to any main or grade level entrance and to any separate floor above or below grade used for parking.

C. Application. The provisions of this section shall apply to all zones in which multiple family housing is permitted including the P-D and H-P-D Zones.

10-2.3.125 Building Permits Required.

All building permit applications submitted on the required form, together with two copies of a plat showing all essential data necessary to check compliance with the provisions of this chapter, shall be reviewed and approved by the Community Development Director if the proposed use conforms to the provisions of this chapter. A copy of the application and permit shall be kept in the office of the Community Development Director.

Article 2. Off-Street Parking and Loading Regulations

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10-2.3.201 Purpose and Intent.

The purpose and intent of the off-street parking and loading regulations are to:

A. Ensure that off-street parking and loading facilities are provided for new land uses and for major alterations and enlargements of existing uses in proportion to the need for parking and loading facilities created by each use.

B. Establish parking standards for all uses consistent with need and with the feasibility of providing parking on specific sites.

C. Ensure that off-street parking and loading facilities are designed in a manner that will ensure efficient circulation, protect the public safety, and, where appropriate, insulate surrounding land use from adverse impacts.

10-2.3.202 Basic Requirements for Off-Street Parking and Loading.

A. When Required.

1. Single Family Residential: Off-street parking facilities shall be provided at the time of construction of a structure or major alteration. "Major alteration" shall mean, for these parking requirements, an expansion or a building addition that would increase the building floor area by more than 50 percent.

2. All other uses: At the time of construction of a structure, or major alteration, or use change of a site, the necessary off-street parking facilities shall be provided. Off-street loading facilities shall be provided at the time of construction of a structure. "Major alteration or use change" shall mean, for these parking requirements, a change of use, expansion of use or a building addition all of which would increase the required number of parking spaces by 10 percent or more.

B. Computation of Spaces Required. Off-street parking and loading spaces shall be provided in accordance with Sec. 10-2.3.206. Off-Street Parking and Loading Spaces Required and shall be located on the same parcel as the structure or use. To determine the required number of parking or loading spaces, round up for a fraction of one-half or more, and truncate for a fraction of less than one-half.

Off-street parking and loading facilities required by this chapter for any use shall not be considered as providing parking spaces or loading spaces for any other use unless a conditional use permit is issued pursuant to Sec.10-2.3.203. A reduction in the required number of parking spaces or the provision of off-site parking shall not be permitted unless a conditional use permit is issued pursuant to Sec. 10-2.3.203.

C. Spaces Required for Multiple Uses. If more than one use is located on a site, the number of off-street parking spaces and loading spaces to be provided shall be equal to the sum of the requirements prescribed for each use. The aggregate gross floor area of individual uses, on the same site, shall be used in determining the required number of loading spaces.

D. Retention of Existing Parking. When space actually being used for off-street parking in connection with any building or use provides less parking than the required parking, it shall not be further reduced in area or capacity, nor shall any parking lot or area be reduced in area of capacity to fewer parking spaces than required by this Chapter.

E. Status of Previous Approvals. Projects with unexpired building permits or conditional use permits, variance approvals, or Design Review Commission approval prior to the effective date of this ordinance (2/16/96) have the option of meeting the parking requirements of the Zoning Ordinance in effect on the date those permits were approved or be subject to the provisions required herein. Permits for which completed applications have been filed prior to the effective date of this ordinance (2/16/96) shall have the option of being subject to the parking requirements in effect on the date the completed application was placed on file in the Community Development Department or subject to the provisions required herein.

F. Parking Spaces for the Handicapped. All parking facilities shall comply with the requirements of the California Administrative Code (Title 24, Part 2, Chapter 2-71) and with the sign requirements of the California Vehicle Code, Section 22507.8.

G. Bicycle Parking.

1. When Required: Bicycle parking spaces shall be provided for all Commercial and Community Facility Use Classifications. Bicycle parking spaces shall be provided at the time of new construction or a major alteration. "Major alteration" shall mean an addition or alteration that would increase the required number of automobile parking spaces by 10% or more. The required bicycle parking shall be located on the same parcel as the structure or use. (If the new construction or major alteration is occurring at a shopping center, the required bicycle parking shall be located along the frontage (front or side) of the new or altered structure)

2. Number Required: The required number of bicycle parking spaces shall be 10% of the requirement for automobile parking spaces, or 1 bicycle parking space, whichever is greater. The bicycle parking requirements may be reduced or waived by the approving body pursuant to the approval of the site plan upon the finding that:

a. The configuration of the parking lot, and/or the location of the building preclude a feasible location for bicycle parking; or

b. That the pedestrian circulation would be significantly disrupted by the addition of required bicycle parking; or

c. The provision of bicycle parking spaces can be provided collectively in an off-site location that is within close proximity, not to exceed a walking distance of 500'. (This provision will only be considered for sites located in the Pedestrian Retail Zoning District.)

3. Security Provisions: For each bicycle parking space required, a stationary object shall be provided to which a user can secure both wheels and the frame of a bicycle with a user-provided 6-foot cable and lock. The stationary object may be either a freestanding bicycle rack or a wall-mounted bracket. To discourage theft, security provisions shall be considered when locating stationary objects to lock bicycles to.

H. Motorcycle Parking. Motorcycle stalls may be used as an option to utilize areas that would otherwise not be of adequate size for conventional stalls. Motorcycle stalls shall not count toward the number of required parking spaces. Motorcycle stalls shall be a minimum of four (4) feet in width by seven (7) feet in length, and shall be stenciled and signed as such. Odd shaped areas may be utilized upon approval by the Transportation Administrator. Motorcycle parking areas shall be paved with concrete or equivalent surfacing approved by the Transportation Administrator, to prevent surface damage by the motorcycle kick stands.

10-2.3.203 Provisions for Common Loading and Parking, Parking Space Reduction and Off-Site Parking.

A. Parking Space Reduction, Shared Parking and Off-Site Parking. A minor use permit may be approved for:

1. A reduction in the number of spaces specified in Sections 10-2.3.204 and 10-2.3.205 and Table A;

2. Shared provision of parking serving more than one (1) use or site;

3. Off-site provision of parking; or

4. Any combination of the above, subject to specific findings and conditions of approval.

B. In approving a minor use permit for parking space reduction, shared parking and/or off-site parking, the Zoning Administrator shall find:

1. In regard to a reduction in parking spaces that:

a. There is clear and convincing evidence that the parking demand will be less than the requirement in Section 10-2.3.204 or 10-2.3.205 or Table A. In reaching a decision, the Zoning Administrator shall consider survey data submitted by an applicant or collected at the applicant's request and expense; and

b. That the probable long-term occupancy of the building or structure, based on its design, will not generate additional parking demand.

2. In regard to shared or off-site parking that:

a. The peak hour parking demand from all uses does not coincide and/or the uses are such that the hours of operation are different for various portions of the business; and

b. The quantity, circulation and location of parking provided will equal or exceed the level that can be expected if shared or off-site parking is not provided; and

c. The adjacent or nearby properties will not be adversely affected relative to parking; and

d. The proposed traffic circulation will not be detrimental to the health, safety and welfare of residents residing or working in or adjacent to the neighborhood; and

e. The off-site parking is within a reasonable distance of the premises upon which the building or use is located; and

f. The maximum reduction in the required number of spaces shall not exceed twenty percent (20%) of the total number of spaces required for each use.

3. As a condition of such minor use permit approval the Zoning Administrator shall require a written agreement between landowner(s) and the City, in a form satisfactory to the City Attorney, which shall include:

a. A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking; and

b. A guarantee among the landowner(s) for access to and use of the shared or off-site parking facilities; and

c. Remedies in the event that there is a change in use on the property or in the event that the shared or off-site parking is lost; and

d. A provision that the City may require parking facilities in addition to those originally approved, after notice and hearing, upon a finding by the Zoning Administrator that adequate parking to serve the use(s) has not been provided; and

e. A provision stating that the City, acting through the Zoning Administrator, may, for due cause and upon notice and hearing, modify, amend, or unilaterally terminate the agreement at any time.

4. In approving the minor use permit, the Zoning Administrator may also permit valet or attendant assisted parking; provided, that the location for valet or attendant assisted parking services does not severely impede on- or off-site traffic or pedestrian circulation.

5. Notwithstanding the foregoing, if such parking reduction, shared parking or off-site parking request also includes other discretionary actions to be considered by the Planning Commission, the Zoning Administrator shall refer the parking request to the Planning Commission in conjunction with such other discretionary actions. The Commission, in considering the parking request, shall make such findings and include necessary conditions as provided in this section.

C. Parking Reduction Zone Map: A parcel of real property which is located within the boundaries of those areas designated as areas A, B, C, D, and E (which are located in the Core Area) on the Parking Reduction Zone Map (see Table 3* - Municipal Code. Zoning Maps) shall be allowed a reduction in the quantity of required off-street parking spaces as specified below.

In areas A, B, and C, the minimum reduction in number of required off-street parking spaces shall be determined by dividing the net lot area of a given parcel by the applicable parking reduction factor, as specified below. (Example: On a 10,000 square foot parcel in Area A, the required number of parking spaces is reduced by 10 (10,000/1000 = 10). Only those portions of a parcel within a given parking reduction area shall be eligible for the reduction specified for that area.

AREA

PARKING REDUCTION FACTORS

Area A

1,000

Area B

3,483

Area C

1,679

In area D, required off-street parking for office uses, excluding medical office uses, shall be 3.3 parking spaces per 1,000 square feet of rentable floor area.

In area E, the minimum reduction in required off-street parking spaces shall be as indicated on page 19 P2 of the "Land Use Zone Map of the City of Walnut Creek" which is contained in Table 3* of the Walnut Creek Municipal Code.

Any remaining fraction of a parking space credited as a result of applying applicable parking reduction factors shall constitute a potential reduction of one additional space.

D. Common Loading Facilities. The off-street loading facilities requirements of this chapter may be satisfied by the permanent allocation of the prescribed number of spaces for each use in a common truck loading facility, provided that the total number of spaces shall not be less than the sum of the individual requirements. Approval of a common truck loading facility shall be granted by the Zoning Administrator who shall require a written agreement between landowner(s) and the City, in a form satisfactory to the City Attorney. (§3, Ord. 2175, eff. 11/17/17)

*Code reviser's note: Table 3 became inactive when the city began using its GIS system. Below are the links to the two sheets of the official zoning map:

Sheet 1 of 2: http://www.walnut-creek.org/civica/filebank/blobdload.asp?BlobID=3733

Sheet 2 of 2: http://www.walnut-creek.org/civica/filebank/blobdload.asp?BlobID=3732

10-2.3.204 Pedestrian Retail Zoning District Parking Regulations.

A. Number of Parking Spaces Required. All Commercial and Community Facility uses shall have a parking requirement of one (1) space per three hundred (300) square feet of rentable floor area. For Residential uses, the parking requirement shall be determined by the Planning Commission in the approval of a conditional use permit. Computation of spaces required for the Eating and Drinking Establishment use classification shall exclude floor area used for permanent outdoor seating.

B. Number of Loading Spaces Required. See "Table B - Loading Regulations," Use Classification Group I.

C. In-Lieu Fee for the Pedestrian Retail Zoning District. Where it is not desirable to provide on-site parking, the City Council may permit the parking requirements for uses within the Pedestrian Retail zoning district to be satisfied by the payment of a fee in lieu of actually providing the parking spaces. For the purpose of this section, the cost of a parking space shall be the cost of constructing a parking space in a parking structure, including land cost, as estimated by the City Engineer. The fee to be paid to satisfy parking requirements in lieu of providing any or all spaces on site shall be discounted according to following table:

REQUIRED PARKING SPACES

FEE FOR PARKING SPACE

First Space

10% of Cost

Second Space

25% of Cost

Third Space

50% of Cost

Fourth Space

75% of Cost

Five or more spaces

100% of Cost (including the first four spaces)

Before approving payment of a fee in lieu of providing on site parking, the City Council shall find:

1. The project benefitting from this approval is furthering the goals and policies of the General Plan for the Pedestrian Retail district relative to uses, revitalization, pedestrian amenities and design.

2. The project applicant has explored all alternatives and has demonstrated to the satisfaction of the City Council that either (1) providing on-site parking is detrimental to the goals and policies of the General Plan for the Pedestrian Retail district or (2) providing on-site parking is not physically or economically feasible.

3. That the number of in-lieu parking spaces available for purchase not exceed 110% of constructed and planned in-lieu parking spaces. For the purposes of this section, an in-lieu parking space is "planned" if a parking facility with designated in-lieu parking spaces is under construction, or has received all necessary entitlements, or has had City funds appropriated for its construction, or is specified in a specific plan adopted by the City Council.

D. Employee-Only Attendant Parking. An employee-only attendant parking program may be used at all Commercial and Community Facility uses in the Pedestrian Retail Zoning District to meet up to twenty percent (20%) of the parking requirements of this section, provided the operations program requirement and design standards set forth in this subsection D are satisfied. An employee-only attendant parking program may include any combination of tandem parking, stacked parking, mechanical lift parking, and standard parking spaces, as described in this subsection. Parking that meets the requirements of this subsection D need not comply with any other provisions of this Code relating to valet or attendant parking.

1. Operations Program. An employee-only attendant parking operations program ("operations program") that includes the contents set forth in this subsection shall be submitted to the Planning Manager no less than ninety (90) days prior to use of any employee-only attendant parking spaces to meet the parking requirements of this section. The Planning Manager shall review the operations program to confirm that it addresses each subject listed in this subsection (D)(1).

a. Identification of Types and Locations of Spaces. The number and location of tandem parking spaces, stacked parking spaces, standard parking spaces and mechanical lifts shall be identified in the operations program. The total number of tandem, stacked, and mechanical lift spaces shall not exceed twenty percent (20%) of the total required number of spaces for the Commercial and Community Facility use.

b. Enforcement Program. The operations program shall include an enforcement program with the following components: (1) registration of employee vehicles; (2) employee permits, stickers, or similar instruments that identify employee vehicles; (3) quarterly investigations to identify current employees and employee vehicles; (4) signage directing employees to designated areas; (5) regular monitoring in customer areas to identify employee vehicles; and (6) penalties that may include ticketing and towing for employees who use customer parking spaces.

2. Tandem Parking Design Standards. A tandem parking space is a parking space designed to accommodate no more than two (2) vehicles, one in front of the other, such that the front vehicle may not be retrieved without the rear vehicle being moved. Tandem parking spaces shall be a minimum width of eight and one-half (8.5) feet and a minimum total length, for both vehicles, of thirty-three (33) feet. Drive aisles adjacent to such tandem parking shall have a minimum width of sixteen (16) feet.

3. Stacked Parking Design Standards. A stacked parking space is a parking space that (a) is one (1) of a group of four (4) parking spaces, at least one (1) of which is generally perpendicular to the other three (3), and (b) when filled, blocks egress from one (1) or more of those grouped spaces. A group of stacked parking spaces, when filled, shall not impede ingress to or egress from any parking space not included within the group of three (3) or four (4) stacked parking spaces. A group of stacked parking spaces shall be sized and positioned so that at least sixteen (16) feet of drive aisle space remains when the spaces are properly filled.

4. Mechanical Lift Design Standards. A mechanical lift is an elevator-like mechanical system allowing one (1) full size passenger car or sport utility vehicle to be placed in the lift and mechanically raised or lowered, creating space for another full size passenger car or sport utility vehicle to be parked in vertical configuration. Mechanical lifts used as part of an employee-only attendant program shall be operated solely by parking attendants. Mechanical lifts shall be located only in parking structures where they will be fully or substantially obstructed from view from adjacent public streets. Use of mechanical lifts in open, at-grade parking lots is not permitted. The drive aisle adjacent to such mechanical lift spaces shall have a minimum width of twenty-five (25) feet.

5. An employee-only attendant parking program must be in operation for at least ninety (90) days before the parking spaces it encompasses may be counted towards satisfying the parking requirements of this section.

6. Performance. It is a violation of this Zoning Ordinance for an employee-only attendant parking program, including use of tandem, stacked standard, and/or mechanical lift parking spaces and queuing to access those spaces, to be operated in a manner that causes either: (1) significant congestion on adjacent streets or intersections, (2) any other significant impediment to City intersections, streets or adjacent off-street parking areas, or (3) significant interference with the self-park operations elsewhere in the parking garage. Violations of this Zoning Ordinance are subject to enforcement pursuant to Article 15 (Enforcement) of Part IV (Administration) of Chapter 2 (Zoning) of Title 10 (Planning and Zoning) of the Walnut Creek Municipal Code. In addition, the Planning Manager may recommend conditions to the Planning Commission, and the Planning Commission shall impose the recommended conditions upon operation of the employee-only attendant parking program if it determines that doing so is necessary to eliminate any such violation. (§1, Ord. 2075, eff. 4/3/2009; amended during 11/3/2009 election)

10-2.3.204.1 Pedestrian Retail Zoning District Parking Regulations within a Redevelopment Project Area.

Repealed. (§3, Ord. 2075, eff. 4/3/2009. Prior history: §1, Ord. 1986, eff. 12/20/01)

10-2.3.205 Community Commercial Zoning District Parking Regulations.

A. Number of Parking Spaces Required. All Commercial and Community Facility uses shall have a parking requirement of one space per two hundred sq. ft. of rentable floor area up to 50,000 sq. ft. and 1 space per 250 sq. ft. of rentable floor area over 50,000 square feet except as provided herein. For Residential uses, the parking requirement shall be determined by the Planning Commission in the approval of a conditional use permit. Computation of spaces required for the Eating and Drinking Establishment use classification shall exclude floor area used for permanent outdoor seating.

The parking requirement for conditionally permitted uses in freestanding buildings shall be determined in the approval of a conditional use permit by the Planning Commission. The parking requirement basis for conditionally permitted uses in freestanding buildings shall be as outlined for the uses in Table A.

B. Number of Loading Spaces Required. See "Table B - Loading Regulations", Use Classification Group I.

10-2.3.206 Off-Street Parking and Loading Spaces Required. Revised 9/18

Off-street parking spaces shall be provided in accordance with the following "Parking Regulations - Table A". Those land uses that require off-street loading spaces have a roman numeral reference to "Loading Regulations - Table B". The roman numeral reference indicates either Group I or Group II each of which have different loading space requirements. The required loading space dimension is also outlined in Table B.

Additional "Notes" for specific land use classifications are referenced in Table A. These "Notes" can be found in the "Parking Regulations - Notes Table" following Table A. Where a "Note" or a number in parenthesis is opposite a use classification heading, the referenced "Note" shall apply to all use classifications under the heading.

Parking regulations for land uses not listed shall be determined by the Transportation Administrator. In order to make this determination, the Transportation Administrator may require the submission of survey data from the applicant or collected at the applicant's expense.

In the following Tables, RFA stands for Rentable Floor Area and GFA stands for Gross Floor Area. For definitions of these two terms see Part I, Article 3. Definitions.

TABLE A

PARKING REGULATIONS 

LAND USE CLASSIFICATION

OFF STREET PARKING REQUIREMENTS

NOTES

LOADING SPACES REQUIRED (SEE TABLE B)

A. Residential Use Classifications

 

(1)

 

1. Adult Day Care Home

 

(2)

 

2. Congregate Living Facility

.25 per dwelling unit or .25 per bedroom (whichever is greater)

 

Group I

3. Family Day Care Home

 

 

 

a. Small Family Day Care Home

 

(2)

 

b. Large Family Day Care Home

1 per employee + 1 per 12 children

 

 

4. Group Residential

1 per bedroom

 

 

5. Multiple Family Residential

1.25 per studio unit; 1.5 per 1 bedroom unit; 2 per 2 bedroom unit; 2.25 per 2+ bedroom units. Every dwelling unit shall have one covered space.

(3) (4) (24)

 

a. Senior Housing

 

(5)

 

6. Residential Care Home

 

(2)

 

7. Accessory Dwelling Unit

1 space more than required for single-family residential (uncovered). Notwithstanding the foregoing, no additional parking is required in any of the following situations:

1. The accessory dwelling unit is contained entirely within the footprint of an existing building.

2. The accessory dwelling unit is located on a parcel which is within 0.5 miles from the closest point of the Walnut Creek or Pleasant Hill BART station property; or within 0.5 miles from a public bus stop served at least 6 hours each weekday by a route with headways no longer than 20 minutes between arrival times. This distance shall be measured along street frontages using the most reasonably direct, legally permissible path. The determination of which developments meet this requirement shall rest with the City's Transportation Planning Manager.

3. The accessory dwelling unit is located within 1 block of a car share vehicle station.

(6)

 

8. Single Family Residential

2 covered per dwelling unit

(4)

 

B. Commercial Use Classifications

 

(1) (7)

 

1. Ambulance Services

1 per 250 sq. ft. of RFA (pertaining to office or administrative use)+ 1 per Ambulance

 

Group I

2. Animal Sales and Service

 

 

 

a. Animal Hospital

1 per 250 sq. ft. of RFA. (Area devoted to housing animals is excluded.)

 

Group I

b. Animal: Retail Sales and Grooming

1 per 250 sq. ft. of RFA.

 

Group I

c. Horse Stables

1 space for each 4 horses boarded on site + 1 per employee.

 

 

d. Kennel

1 per 250 sq. ft. of RFA. (Area devoted to housing animals is excluded)

 

Group I

3. Artist Studio

1 per 450 sq. ft. of GFA

 

 

4. Banks and Savings and Loans

 

 

 

a. Banks and Savings and Loans

1 per 250 sq. ft. of RFA

 

Group I

(1) With Drive-up Service

1 per 250 sq. ft. of RFA

 

Group I

(2) With Automated Teller Machine

1 per 250 sq. ft. of RFA + 1.0 per exterior teller machine.

(8)

Group I

5. Catering Services

1 per 450 sq. ft. of GFA

 

Group I

6. Communication Facilities

1 per 250 sq. ft. of GFA devoted to administrative and office uses + 1 per 2000 sq. ft. of remaining floor area.

 

Group I

7. Custom Manufacturing

1 Per 450 sq. ft. of GFA devoted to manufacturing + 1 per 250 sq. ft. of RFA devoted to Retail Sales

 

Group I

8. Eating and/or Drinking Establishments

 

 

 

a. Eating and/or Drinking Establishments

1 for each 5 permanent seats and 1 per 75 sq. ft. of floor area available for portable seats and/or tables

(9)

Group I

(1) With Wine and Beer Service

1 for each 5 permanent seats and 1 per 75 sq. ft. of floor area available for portable seats and/or tables

(9)

Group I

(2) With Full Alcoholic Beverage Service

1 for each 5 permanent seats and 1 per 75 sq. ft. of floor area available for portable seats and/or tables

(9)

Group I

(3) With Live Entertainment

1 for each 5 permanent seats and 1 per 75 sq. ft. of floor area available for portable seats and/or tables for the area devoted to Eating and Drinking + 1 per 45 sq. ft. of public assembly area

(10)

Group I

(4) With Dancing

1 for each 5 permanent seats and 1 per 75 sq. ft. of floor area available for portable seats and/or tables for the area devoted to Eating and Drinking + 1 per 45 sq. ft. of public assembly area

(10)

Group I

(5) With Take-out Service

1 per 50 sq. ft. of GFA

(1) (9)

Group I

(a) Drive-up

1 per 50 sq. ft. of GFA

 

Group I

(6) With Permanent Outdoor Seating

 

(11)

 

(7) With Off-site Distribution

1 for each 5 permanent seats and 1 per 75 sq. ft. of floor area available for portable seats and/or tables

(1) (9)

Group I

(a) Micro-brewery

1 for each 5 permanent seats and 1 per 75 sq. ft. of floor area available for portable seats and/or tables

(a) (9)

Group I

9. Food and Beverage Sales

1 per 250 sq. ft. of RFA

 

Group I

10. Funeral and Interment Services

1 per 45 sq. ft. of public assembly areas

(12)

Group I

11. Health Clubs

1 per 250 sq. ft. of RFA

 

Group I

12. Home Improvement Sales and Service

1 per 400 sq. ft. of GFA + 1 per 2000 sq. ft. of exterior storage area

 

Group II

13. Horticultural Establishment

1 per employee

 

 

14. Lumber and Building Material Yard

1 per 400 sq. ft. of GFA + 1 per 2000 sq. ft. of exterior storage area

 

Group II

15. Maintenance and Repair Service/Small Equipment

1 per 400 sq. ft. of GFA

 

 

16. Mini Storage

3 (customer parking at office)

 

 

17. Non-Storefront, Delivery-Only Commercial Cannabis Operation or Delivery-Only Operation

1 per 2,000 sq. ft. of GFA and 1 per delivery vehicle

 

Group II

18. Nursery

1 per 400 sq. ft. of GFA of manufactured stock + 1 per 2000 sq. ft. of nursery stock area

 

Group I

19. Offices, Business and Professional

 

(13)

 

a. Offices, Business and Professional

In the Core Area, 1 per 250 sq. ft. of RFA on the ground floor; 1/285.7 sq. ft. of RFA above the ground floor. Outside the Core Area, 1 per 250 of RFA.

 

Group I

(1) Offices, Medical

Inside the Core Area, 1 per 200 sq. ft. of RFA. For outside the Core Area see note.

(1) (14)

Group I

20. Pawn Shop

1 per 250 sq. ft. of RFA

 

Group I

21. Personal Improvement Services

1 per 250 sq. ft. of RFA

 

 

22. Personal Services

1 per 250 sq. ft. of RFA

 

Group I

23. Recreation and Entertainment, Commercial

 

(15)

 

a. Movie Theater

1 per 4 seats

 

Group I

24. Research and Development Services

1 per 450 sq. ft. of GFA

 

Group I

25. Retail Sales/Rental

1 per 250 sq. ft. of RFA

 

Group I

26. Vehicle/Equipment Sales and Service

 

 

 

a. Automobile Rental and Leasing

1 per 400 sq. ft. of GFA + 1 per 2000 sq. ft. of site area

(16) (17)

Group II

b. Automobile Sales/New and Used

1 per 400 sq. ft. of GFA + 1 per 2000 sq. ft. of site area

(16) (17)

Group II

c. Automobile Washing

7 per site

 

 

d. Automobile Wrecking

1 per 400 sq. ft. of GFA + 1 per 2000 sq. ft. of site area

 

 

e. Service Stations

3 per service bay

(18)

 

(1) Automobile Washing

3 per service bay + 7 for auto wash

(1)

 

f. Vehicle/Equipment Repair

1 per 400 sq. ft. of GFA + 1 per 2000 sq. ft. of site area

(16)

Group I

(1) Limited Vehicle Service

See Vehicle/Equipment Repair

(1)

Group I

g. Vehicle/Equipment Sales and Rentals

1 per 400 sq. ft. of GFA + 1 per 2000 sq. ft. of site area

(17)

Group I

27. Visitor Accommodations

 

 

 

a. Bed and Breakfast Inns

.9 per guest room

 

 

b. Hotels

.9 per guest room

(19)

Group II

c. Motels

.9 per guest room

(19)

Group II

 

TABLE A

PARKING REGULATIONS 

LAND USE CLASSIFICATION

OFF STREET PARKING REQUIREMENTS

NOTES

LOADING SPACES REQUIRED (SEE TABLE B)

C. Industrial Use Classifications

 

 

 

1. General Industry

1 per 750 sq. ft. of GFA

 

Group II

2. Limited Industry

1 per 450 sq. ft. of GFA

 

Group II

3. Research Development Industry

1 per 450 sq. ft. of GFA

 

Group II

4. Wholesaling, Distribution and Storage

1 per 2000 sq. ft. of GFA

 

Group II

D. Community Facility Use Classifications

 

(7)

 

1. Adult Day Care Facility

1 per employee + 1 per 12 patients

 

 

2. Child Day Care Facility (Day Care Center)

1 per employee + 1 per 12 children

 

 

3. Clubs and Lodges

1 per 45 sq. ft. of public assembly area

 

Group I

4. College, Public or Private

.82 per student

 

Group II

5. Cultural Institutions

 

(5)

 

6. Emergency Medical Care

1 per 200 sq. ft. of RFA

 

Group II

7. Government Offices

1 per 250 sq. ft. of RFA

 

Group II

8. Hospitals

 

(20)

 

9. Housing for the Homeless

 

 

 

a. Emergency Shelter

.25 per bed + 1 per employee

 

 

b. Transitional Housing

.25 per bed + 1 per employee

 

 

10. Maintenance and Service Facilities

1 per employee + 1 per service vehicle

 

Group II

11. Park and Recreation Facilities

 

(5)

 

12. Public Safety Facilities

1 per 250 sq. ft. of RFA devoted to administration + 1 per service vehicle

 

Group II

13. Public Transit Terminals

 

(5)

 

14. Recycling Facilities

 

(21)

 

15. Religious Assembly

1 per 45 sq. ft. of public assembly area

(12)

Group I

16. Residential Care Facility

.25 per bed + 1 per employee

(22)

Group I

17. Schools, Public or Private

3 per classroom (Elementary and Intermediate); 8 per classroom (Highschool)

 

Group I

18. Skilled Nursing Facilities

.5 per room or .33 per bed whichever is greater

 

Group I

19. Utilities, Major

 

(5)

 

20. Utilities, Minor

 

(5)

 

E. Accessory Uses

 

(5)

 

F. Temporary Uses

 

(23)

 

 

PARKING REGULATIONS - NOTES

(1)

No required off-street parking shall occupy any portions of any required front or side yard except as permitted in (3) and (6) below.

(2)

See Single Family Residential. This use is considered the same as a single family residential use under State Law. No additional parking spaces are required for the use.

(3)

The parking requirement for duplex residential development shall be:

 

a)

1 covered for 1 bedroom units.

 

b)

1 covered and 1 uncovered for 1+ bedroom units. (The uncovered parking space shall not be permitted in the front yard setback unless a finding is made that the design and lot configuration precludes placement elsewhere on the site, in which case, a maximum of two spaces may be permitted in tandem.)

(4)

A covered parking space shall be:

a)

not less than 9 feet wide and 20 feet long;

b)

completely unobstructed by any walls or supporting columns;

c)

completely covered with a roof; and

d)

placed so that it does not occupy any portions of a required front or side yard

e)

In Single Family Residential (R) and Duplex Residential (D-3) zoning districts: 1) the driveway shall be a minimum of 18' in length, and 2) parking in the "front yard", as defined in this Chapter, is prohibited, except on a paved driveway.

(5)

Parking and loading space requirements for this use classification are to be determined on a case-by-case basis by the City's Transportation Administrator.

(6)

The additional required parking space for a Second Family Unit shall be exclusive of a driveway 10' in width, 18' in length and exclusive of garages and carports, but may occupy a portion of the required front setback. A maximum of two spaces may be permitted in tandem upon a finding that the design and lot configuration precludes placement elsewhere on the property.

(7)

For uses in the Pedestrian Retail and Community Facility zoning districts, see Sec. 10-2.3.204 and Sec. 10-2.3.205 - Parking Regulations.

(8)

Banks and Savings and Loans existing as of 2/16/96 (effective date of Ordinance) are exempt from the teller machine parking requirements.

(9)

The off-street parking requirement for Eating and Drinking Establishments located in shopping centers and not occupying a freestanding building shall be 1 per 250 sq. ft. of RFA.

(10)

If portable seating area for Eating and Drinking is to be converted to public assembly area for dancing at any time during the operation of the facility, the parking requirement shall be the higher requirement of 1 space per 45 square feet of public assembly area.

(11)

Computation of parking spaces required for the Eating and Drinking Establishment use classification will exclude floor area used for permanent outdoor seating.

(12)

Public assembly area shall include the main and ancillary sanctuary seating areas

(13)

Attendant operated/designed parking structures may be permitted subject to approval by the Transportation Administrator. Such structures shall be designed to meet base parking requirements.

(14)

Outside the Core Area, the parking requirement for medical offices existing as of 2/16/96 (effective date of Ordinance) shall be 1 per 250 sq. ft. of RFA. The parking requirement for new building construction or additions to existing buildings with medical office use, outside the Core Area, shall be 1 per 200 sq. ft. of RFA.

(15)

Except for the recreational uses identified, parking and loading space requirements for this land use classification are to be determined on a case-by-case basis by the City's Transportation Administrator.

(16)

A minimum of 1 loading space is required regardless of the gross floor area of the development.

(17)

Site area used for parking of sales or fleet inventory shall be exclusive of required parking.

(18)

There is a minimum requirement of 2 parking spaces for self service stations.

(19)

Hotels/Motels with banquet/convention facilities require a minimum of one (1) loading space.

(20)

Parking and loading space requirements for this land use classification are to be determined in the approval of a Conditional Use Permit or Planned Development Permit (whichever permit is applicable under the P-D zoning).

(21)

See Part III, Article. 7. Recycling Facilities.

(22)

The required parking for Residential Care Facilities located in Single Family Residential (R), Duplex (D-3) or Residential Planned Development (P-D) zoning districts shall not be located in the required front yard setback.

(23)

The number of required parking spaces shall be as determined in the approval of a Temporary Activity Permit. See Sec. 10-2.3.118. Temporary Activity Permits.

(24)

The number of required parking spaces for residential structures with five or more residential units and either within 1/2 mile of BART or with lower income units is as shown on Table C.

TABLE B

LOADING REGULATIONS

GROSS FLOOR AREA (SQ. FT.)

NUMBER OF LOADING SPACES REQUIRED

SIZE

NOTES

Use Classification - Group I

 

 

 

Less than 10,000 sq. ft.

0

 

 

10,000 to 50,000

1

12'x35'x[14' Vertical Clearance]

(A)(B)(C)

50,001 and over

2

12'x35'x[14' Vertical Clearance]

(A)(B)(C)

Use Classification - Group II

To be determined by the Transportation Administrator

12'x55'x[14' Vertical Clearance] (or as determined by the Transportation Administrator)

(A)(B)(C)

 

LOADING REGULATIONS - NOTES

A)

Access:

1.

On a site adjoining an alley, a required loading space shall be accessible from the alley unless alternative access is approved by the Transportation Administrator.

2.

A required loading space shall be accessible without backing a truck across a street property line unless the Transportation Administrator determines that provision of turn-around space is not feasible and approves alternative access.

3.

An occupied loading space shall not prevent access to a required off-street parking space.

(B)

Location: A loading area shall not be located in a required front, side or rear setback.

(C)

Screening: Except in a commercial district, a loading area visible from a street shall be screened on three sides by a fence, wall, or hedge at least 6 feet in height.

 

TABLE C

MULTIFAMILY RESIDENTIAL OFF-STREET PARKING REQUIREMENTS FOR LOW INCOME OR BART PROXIMATE UNITS 

Parking Codes

Studio

1 Bedroom

2 Bedrooms

3 or More Bedrooms

Notes

Low Income Units

1.1

1.35

1.8

2

A, B

Very Low Income Units

1

1.15

1.5

1.75

A, B

BART Proximate

1

1.25

1.5

2

A, C

A. Only one reduction per development is permitted. Reduced rates for lower income units apply only to the lower income units within a development. These rates apply only to developments with five or more units.

B. Low-income and very-low-income housing is defined in the City's Municipal Code Section 10-2.1.303(A).

C. BART proximate is defined as a parcel, any portion, that is within 1/2 mile from the closest point of the Walnut Creek or Pleasant Hill BART station property. This distance shall be measured along street frontages using the most reasonably direct, legally permissible path. The determination of which developments meet this requirement shall rest with the City's Transportation Planning Manager.

(§5, Ord. 2173, eff. 10/20/17; §9, Ord. 2183, eff. 9/8/18)

10-2.3.207 Parking Area Design Standards.

Except as otherwise provided herein, the various dimensions for required off-street parking facilities shall not be less than set forth in the following table. Additional regulations for the various types of parking stalls are referenced as "Notes" which immediately follow the table. See also Sec. 10-2.3.208. Additional Design Standards for Parking Lots and Structures.

TYPE OF PARKING STALL

SIZE OF PARKING STALL

AISLE WIDTH REQUIRED

VERTICAL CLEARANCE

NOTES

 

WIDTH

LENGTH

DEPTH (PERPENDICULAR TO AISLE)

ONE WAY

TWO WAY

 

 

A. Parallel

8.5'

22'

8.5'

12'

20'

7'

(A)(B)

B. 30 Degree

8.5'

18'

16.4'

12'

20'

7'

(A)(B)

C. 45 Degree

8.5'

18'

18.7'

12'

20'

7'

(A)(B)

D. 60 Degree

8.5'

18'

19.8'

16'

20'

7'

(A)(B)

E. 75 Degree

8.5'

18'

19.6'

23'

23'

7'

(A)(B)

F. 90 Degree

8.5'

18'

18'

25'

25'

7'

(A)(B)(C)

G. Compact

7.5'

15'

15'

25'

25'

7'

(A)(B) (C)(D)

PARKING AREA DESIGN STANDARDS - NOTES

(A)

Relation of Parking Spaces to Aisles:

1. Where a parking stall is adjacent to a wall, pillar or similar structure, the stall width shall be increased by 2 feet. Piers and pillars shall not encroach into parking stalls, nor shall they be located within 2 feet of an aisle when adjacent to a stall. If piers, pillars and similar structures are located adjacent to the first 3 feet or are between 2 feet and 4 feet from the aisle end of the stall, the additional 2 foot width is not required.

2. Where a parked vehicle must back out past a row of stalls oriented in a different manner, the stalls shall be designed so that there are 3 feet of lateral clearance between the end stall line of the affected space and the other row of parked vehicles.

3. All parking shall be designed and maintained in such a manner that an automobile may enter every space with no backup movements and exit the space with only one backup movement without moving other vehicles.

4. All parking lots must be designed and maintained in such a way that vehicles do not overhang or park in the public right of way, or use public right of way for backing out of stalls (i.e. backing out of a stall into the street or across a sidewalk).

5. There shall be a minimum distance of 10 feet from the back edge of sidewalk, property line, or back of curb where there is no sidewalk (whichever is deemed most appropriate by the Transportation Administrator) to the first stall on an aisle leading to or form the street. (This requirement may be waived by the Transportation Administrator, providing all the other code provisions are met and it is determined that because of any combination of factors such as lot size, shape, location, and layout, it is not in the best interest of all parties involved).

 

6. All parking shall be designed and maintained with an appropriate outside turning radius, but in no event shall the aisle be less than required under this section. (An exception to this regulation will exist where parking lots are to be utilized by vehicles larger than standard passenger vehicles, such as garbage, delivery, or semi trucks. Under these conditions the appropriate minimum dimensions and turning radii shall be used as determined by the Transportation Administrator.)

7. The design of off-street parking on irregularly shaped parcels, or at angles with the aisle different than those specifically enumerated in the above table, may be approved by the Transportation Administrator.

(B)

The vertical clearance for an entrance may be 6' 8" and the front 5' of a parking space serving a residential use may be 4' 6".

(C)

Where a 90 degree stall is the last stall on the end of a dead end aisle, the aisle shall be extended 3' beyond the end of said stall.

(D)

Compact Car Spaces:

1. Compact car spaces are allowed only for the Business and Professional Office Use Classification where more than 10 parking spaces are required. All such compact stalls shall be individually identified and maintained with a painted legend reading "Compact Car Only". Fifty percent of the long term employee spaces may be designated for compact cars providing that the first ten spaces are designated for standard size cars.

2. Existing compact stalls for uses other than Business and Professional Offices that had been approved by the City may continue to maintain and use existing compact stalls until such time as the originally approved plan is altered or modified. At this time the parking shall be designed to meet current standards unless compliance is not possible because of structural constraints or if it decreases the number of parking spaces to below the minimum required.

(E)

Pedestrian Retail District. Section 10-2.3.204(D) contains the design standards for tandem parking, stacked parking, and mechanical lift parking spaces for an employee-only attendant parking program in the Pedestrian Retail District, which apply in lieu of the standards and requirements set forth above.

(Amended during 11/3/2009 election)

10-2.3.208 Additional Design Standards for Parking Lots and Structures.

A. Overhang. Where a parking lot is designed so that cars may overhang low landscaping on the same property as the parking lot, the stall depth for a standard-sized car may be reduced by 2-1/2 feet. The stall depth for a compact space may be reduced by 2 feet. Vegetation other than ground cover shall not be planted or maintained in such a way that it may grow into or otherwise encroach upon the area of overhang. In areas where cars overhang a sidewalk or walkway, the minimum unobstructed width of the walkway or sidewalk shall be the greater of 5 feet or that specified by any other regulation. Where sidewalk clearance cannot be provided, full size stalls shall be used and wheelstops shall be installed. (The 2-1/2 feet dimension for standard stalls and 2 feet dimension for compact stalls is not intended to define the location of wheelstops).

B. Circulation. Within a parking lot, circulation must be such that a car entering in the parking lot need not enter the street to reach another aisle and that a car shall not enter a public street backwards. No backing into streets is permitted except for a single-family residence or a duplex residence where each unit is served by an individual driveway.

A turnaround area shall be provided if adequate circulation can not be ensured. The design of the turnaround shall be a minimum of one specifically designated parking stall and is subject to approval by the Transportation Administrator.

C. Parking Access from Street. All spaces in a parking facility shall be accessible without reentering a public right-of-way unless it is physically impossible to provide for such access. An alley may be used as maneuvering space for access to off-street parking.

Access ways to any parking lot which is not immediately adjacent to a street shall be not less than 20 feet wide for two-way traffic and not less than 12 feet wide for one-way traffic. A parking lot that contains ten or fewer parking spaces and is not more than one hundred feet from the adjacent street may be connected thereto with a one-way access drive. Where conditions warrant, wider access drives may be required by the Transportation Administrator.

Driveway approaches shall not be less than twenty-five (25) feet wide for two-way traffic and fifteen (15) feet wide for one-way traffic. The specified approach width shall be maintained for a distance not less than twenty-five (25) feet beyond the back edge of the sidewalk, property line, or back curb where there is no sidewalk, whichever is deemed most appropriate by the Transportation Administrator. Where conditions warrant, wider driveways may be required by the Transportation Administrator.

D. Driveways; Visibility. Driveways shall be designed and located in such a manner as to ensure proper visibility to on-street traffic. Visibility shall be clear of any obstacles such as signs, landscaping and structures.

E. Parking Lot Landscaping. Parking lot landscaping may be required as a condition of approval with the location, size and species of plant material to be determined by the Design Review Commission.

F. Parking Lot Improvements. Parking lots (including access drives) shall have paving, drainage, wheel stops, concrete curbs, lighting, space marking, directional signs, litter collection containers, and queuing space for drive-in facilities which shall be subject to the approval of the Transportation Administrator.

The surfacing of off-street parking lots shall conform to the following standards:

1. Permanent Lots. All permanent off-street parking lots in all districts shall be surfaced and maintained with 2 inches of asphaltic concrete over a 4 inch aggregate base or comparable concrete pavement. For the purposes of this section, permanent parking shall be deemed to mean any parking which is required as a condition to use by the provisions of this chapter, or any parking lot which is used for the storage of motor vehicles whether or not a fee is charged, for a period of time of 24 months or more.

2. Temporary Lots. All temporary off-street parking lots in all districts shall be surfaced and maintained with surfacing as approved by the City Engineer. The City Engineer may extend the use of a temporary parking lot for an additional 24 months if a written request for such extension is received from the owner of the land 30 days prior to the end of the original time limitation and if he finds that the original surfacing is still in good condition. A temporary parking lot shall be deemed to be a permanent parking lot, as used in this subsection, upon the expiration of the original time period or upon the expiration of the extended period, and shall meet the requirements for permanent lots.

G. Signs, Markings, and Curb Painting. Aisles, approach lanes and maneuvering areas shall be marked and maintained with directional arrows and striping to expedite traffic movement. Any area not intended for parking shall be signed as such, or in areas where curb exists, the curb may be painted red in lieu of signs. All signing and striping installations shall be in conformance with applicable City standards.

The Transportation Administrator may require the installation of additional signs and markings to provide for safe and efficient traffic flow in or about any parking facility.

It shall be the responsibility of the property owner to ensure that all signs and markings are maintained in a legible conditions.

Article 3. Nonconforming Uses and Structures

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10-2.3.301 Purpose.

The purpose of this Article is to encourage the elimination of existing uses and structures which do not conform to current zoning standards, while recognizing the hardship involved if all such nonconforming uses and structures were absolutely prohibited. Accordingly, this Article is intended to generally permit existing Nonconforming Uses and Structures to continue in their existing form while limiting their enlargement or their re-establishment after abandonment or destruction in order to encourage their redevelopment.

10-2.3.302 Continuation of Nonconforming Uses.

A. An existing nonconforming use (as defined in Section 10-2.1.303, Definitions) may continue to exist in the same location, except as otherwise provided in this code. A nonconforming use may not be enlarged, increased, changed to a different nonconforming use or extended to occupy a greater area unless permitted by a conditional use permit approved pursuant to this article.

A structure devoted in whole or in part to a nonconforming use may not be enlarged, extended, reconstructed, remodeled or structurally altered (except as required by law) unless both the structure and the use thereafter conform to all provisions of this chapter or unless permitted by a conditional use permit approved pursuant to this article. This subsection is not intended to prevent routine maintenance, repair and painting of such structures, but is intended to prevent all other alterations to such structures.

B. Premises licensed by the Department of Alcoholic Beverage Control that would otherwise be required to obtain a conditional use permit by the amendments made by Ordinance No. 1927 or Ordinance No. 2033 and that were in operation on the effective date of either ordinance (July 17, 1998 and July 16, 2004) shall be allowed to operated without the conditional use permit under the following conditions:

1. The premises retain the same type of retail liquor license within a license classification.

2. The licensed premises are operated continuously without substantial change in mode or character of operation.

For purposes of this subdivision, a break in continuous operation does not include:

a. A closure for not more than one hundred eighty (180) days for purposes of repair, if that repair does not change the nature of the licensed premises and does not increase the square footage of the business used for the sale of alcoholic beverages.

b. The closure for restoration of premises rendered totally or partially inaccessible as provided for and described in Section 10-2.3.305 (Reconstruction of Nonconforming Structures), if the restoration does not increase the square footage of the business used for the sale of alcoholic beverages.

The transfer of an existing retail liquor license to a new owner on the same licensed premises who operates continuously without substantial change in mode or character of operation shall not trigger the application of the use permit requirement to such premises.

C. Premises licensed by the Department of Alcoholic Beverage Control that would otherwise be prohibited by the amendments made by Ordinance No. 1927 or 2033 and that were in operation on the effective date of either ordinance (July 17, 1998 and July 16, 2004) shall be allowed to operated under the following conditions:

1. The premises retain the same type of retail liquor license within a license classification.

2. The licensed premises are operated continuously without substantial change in mode or character of operation.

For purposes of this subdivision, a break in continuous operation does not include:

a. A closure for not more than one hundred eighty (180) days for purposes of repair, if that repair does not change the nature of the licensed premises and does not increase the square footage of the business used for the sale of alcoholic beverages.

b. The closure for restoration of premises rendered totally or partially inaccessible as provided for and described in Section 10-2.3.305 (Reconstruction of Nonconforming Structures), if the restoration does not increase the square footage of the business used for the sale of alcoholic beverages.

The transfer of an existing retail liquor license to a new owner on the same licensed premises who operates continuously without substantial change in mode or character of operation shall not trigger the application the prohibition to such premises. (§2, Ord. 2033, eff. 7/15/04; §45, Ord. 2109, eff. 6/15/12; §32, Ord. 2134, eff. 11/20/14)

10-2.3.303 Continuation of Nonconforming Structures.

An existing Nonconforming Structure (as defined in Part I, Article 3. Definitions.) may continue to exist in the same location, except as otherwise provided in this Code. A Nonconforming Structure may not be enlarged, extended, reconstructed, remodeled or structurally altered (except as required by law) unless both the structure and the use thereafter conform to all provisions of this Chapter or unless permitted by a variance or by a conditional use permit approved pursuant to this Article. This subsection is not intended to prevent routine maintenance, repair and painting of such structures, but is intended to prevent all other alterations to such structures. Notwithstanding the foregoing, any structure which is nonconforming solely because of inadequate yards or setbacks may be enlarged, extended, reconstructed or structurally altered provided that no such enlargement, extension, reconstruction or alteration shall occur within any yard or setback area or otherwise create further non-conformance with this Chapter.

10-2.3.304 Conditional Use Permit.

A conditional use permit authorized by Sec. 10-2.3.302. and 10-2.3.303. may be applied for and approved or disapproved pursuant to Part IV, Article 6. of this Chapter. In addition to the findings required by that Article for the granting of a conditional use permit, a conditional use permit authorized by this Article may be granted only upon a finding of all of the following:

A. The requested action will not impair the character of the zone in which such use exists;

B. The requested action will not lead to an alteration in the purpose and intent of the zoning district;

C. The requested action will improve the general appearance or economic viability of the district or otherwise benefit the public health, safety or welfare; and

D. It is unlikely that the Nonconforming Use or the Nonconforming Structure would be converted to a conforming use or structure in the foreseeable future even if the requested action were denied.

10-2.3.305 Reconstruction of Nonconforming Structures.

A. Destruction. In the event that a Nonconforming Structure or a structure devoted in whole or in part to a Nonconforming Use is destroyed by a natural force or accident to the extent that the reconstruction cost exceeds fifty percent (50%) of the total structure value after reconstruction, the structure shall not be reconstructed except in conformity with all provisions of this Chapter. Notwithstanding the foregoing, a Nonconforming Structure which was so destroyed may be reconstructed with up to the same amount of square footage or number of dwelling units that originally existed on the site prior to destruction, regardless of the applicable maximum floor area ratio or minimum lot size requirements provided that the structure will otherwise conform to this Chapter. Similarly, single family residences with non-conforming rear yard setbacks in the R-8, R-8.5 and R-10 Single Family Residential districts, may be reconstructed with a rear yard setback of 10 feet, provided that the structure will otherwise conform to this Chapter.

B. Damage. In the event that a Nonconforming Structure or a structure devoted in whole or in part to a Nonconforming Use is damaged by a natural force or accident to the extent that the reconstruction cost is fifty percent (50%) or less than the total building value after reconstruction, the structure may be rebuilt exactly as it previously existed and any Nonconforming Use may continue, provided that restoration is started within six months and diligently pursued to completion.

C. Inadequate Parking. Notwithstanding Subsection A above, if a main building in a P-R zone is destroyed and the building was a Nonconforming Structure solely because the site on which the building was situated did not have the amount of parking that is required by this Chapter, the amount of floor area that existed immediately prior to the destruction may be replaced without providing the required parking. Any parking that existed immediately prior to destruction shall not be decreased. In the event an area was used prior to destruction for parking but was not paved and striped and if following reconstruction the parking will be paved and striped, the quantity of required spaces shall be the square footage of the previous parking area divided by 325 square feet. In the event an owner desires to construct more floor area than previously existed, off-street parking for such additional floor area shall be provided according to the provisions of Part III, Article 2. of this Chapter.

D. Determination of Value. All determinations of reconstruction costs and the value of buildings pursuant to this Section shall be made at the sole discretion of the City's Building Official, whose determinations shall be final. (§6, Ord. 2005, eff. 12/19/02)

10-2.3.306 Nonconforming Lots.

A. Lots in Single-Family Districts. No single-family dwellings may be developed on any lot which is in a single-family zoning district and which does not contain the area, width and/or frontage required by the zoning district in which such lot is located unless a variance is approved pursuant to Part IV, Article 9, or unless the Zoning Administrator determines that such a limitation would constitute an unconstitutional taking of property without compensation. Notwithstanding the foregoing, if a dwelling unit exists or previously existed on the same lot and the lot does not contain the required area, width and/or frontage, one single-family dwelling may be developed on the lot to replace the existing or previously existing dwelling unit, provided that the single-family dwelling otherwise complies with this Chapter.

B. Lots in Multiple-Family Districts. Any existing legally created lot in a multiple-family residential district which does not contain the area, width and/or frontage required for the zoning district in which such lot is located may be developed according to the density permitted in such zoning district. If the lot is of such small size that no dwelling units can be developed in accordance with the permitted density, one single-family dwelling may be developed on the lot if the Zoning Administrator finds that the application of this Chapter to the lot would otherwise constitute an unconstitutional taking of property without compensation.

C. Lots in Nonresidential Districts. Any existing legally created lot in any nonresidential zoning district may be developed according to the intensity permitted in that zoning district even if the lot does not meet the required area, width and/or frontage required for that zoning district.

D. Remnant Lots. Notwithstanding the foregoing, if any lot is created as a result of land being conveyed to or from a governmental agency, a public entity, a public utility or a subsidiary of a public utility without the approval of a parcel map or subdivision map, a primary structure may be developed on the lot only if a Certificate of Compliance is issued pursuant to Sec. 10-2.3.307 or if the Zoning Administrator finds that the application of this Chapter to the lot would otherwise constitute an unconstitutional taking of property without compensation.

E. Determination of Taking. An application for a determination by the Zoning Administrator that the provisions of this Chapter would constitute an unconstitutional taking of property without compensation shall be filed pursuant to Part IV, Article 2. Such an application must include, in addition to the information specified in Part IV, Article 2., evidence that the lot was legally created, information concerning whether the lot was created through an acquisition of property by a public entity or utility, evidence that the lot cannot be sold to any adjacent property owner and evidence that the lot would not have any economically viable use unless the requested use were permitted. The burden of proof shall be on the applicant. The Zoning Administrator shall approve the application only if he or she finds that the lot was created legally and that the application of this Chapter to the lot would constitute an unconstitutional taking of property without compensation. Even if the Zoning Administrator makes the foregoing findings, the application shall be denied if the lot was created through an acquisition of property by or under threat of eminent domain and the then-owner of the property received severance damages based on the resulting non-conformance of the remaining lot.

10-2.3.307 Nonconforming Lots Created by Eminent Domain.

If part of a legally created lot which conforms to all requirements of the zoning district in which it is located is acquired for public use in any manner, the remainder and any improvements thereon shall be deemed to conform to the provisions of this Chapter if the Zoning Administrator issues a Certificate of Compliance. An application for a Certificate of Compliance may be filed by any party with an interest in the lot, the entity acquiring a portion of the lot or the City. The application may be filed at any time prior to or following the acquisition. The application shall be filed in accordance with Part IV, Article 2. The Zoning Administrator may approve or conditionally approved the application if he or she makes the following findings:

A. Issuance of the Certificate of Compliance is in the best interest of the public health, safety and welfare;

B. The remainder lot is not less than eighty percent (80%) of the required area, width and frontage for the zoning district in which the lot is located;

C. If any structures are located on the lot, (1) the structures conformed to the provisions of this Chapter prior to the acquisition, (2) the remainder lot will contain at least eighty percent (80%) of the required yards and setbacks and (3) the acquisition will not result in the lot coverage exceeding the maximum permitted lot coverage percentage by more than twenty percent (20%); and

D. That the existing lot, prior to eminent domain proceedings, contained the required number of off-street parking spaces and the remainder lot, after acquisition, will contain: (1) not less than eighty percent (80%) of the required number of off-street parking spaces; and (2) in any event will contain at least one off-street parking space.

Article 4. Hillside Performance Standards

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10-2.3.401 Purpose.

The City of Walnut Creek is situated among a series of major and minor hills. These hills are a highly-valued natural topographical feature of the community because they visually define the City's boundaries and public open spaces, and/or public trails, because they provide a sense of the community's indigenous history, and because they provide visual stress relief to all persons traveling our highly traveled freeways, major arterials, and/or scenic corridors in and around the City.

The City's General Plan recognizes the intrinsic value and sensitive nature of these hillside areas by listing numerous policies and programs especially designed to minimize the negative impacts that may otherwise be associated with developing in hillside areas.

It is the intent of this ordinance to implement the policies and programs of the City's General Plan relative to residentially zoned hillside areas and minimize visual impacts by reducing densities, preserving ridgelines and other significant natural topographical features of hillside areas, minimizing grading and regulating the placement of structures and other aesthetic qualities of development. This ordinance is also intended to limit development which will result in high levels of risk of property damage and personal injury.

10-2.3.402 Definitions.

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

A. Creek: Any natural watercourse noted on the most recent United States Geological Survey (USGS) Blue Line Survey Maps available for viewing in the Community Development Department, City of Walnut Creek.

B. Development: Any improvement of real property which requires the issuance of a permit from the City which permit is subject to review pursuant to Section 3-8.05 of Chapter 8 (Tree Preservation Ordinance) of Title 3, or Chapters 1 (Subdivisions), 2 (Planning and Zoning), or 4 (Design Review) of Title 10 of the Municipal Code, a building permit or a grading permit.

C. Highly Protected Tree: Any highly protected tree as defined in the City's Tree Preservation Ordinance. (Chapter 8 of Title 3 of the Municipal Code)

D. High Risk Area: Any portion of a site which, if developed, would subject persons or property to a high level of risk for personal injury or property damage due to its proximity to a known hazard, including, but not limited to, any portion of a site within fifty feet of a cliff or fault line, within an unrepaired slide area or in a ravine.

E. Hillside Area: Any property or portion of a property subject to this ordinance with an average slope of fifteen (15) percent or greater as defined by one of the density determination methods described in Sec. 10-2.3.406. below.

F. Net Site Area: Total site area minus high risk areas, and areas designated as undevelopable.

G. Net Lot Area: Total lot area minus existing and proposed roads, road easements, road rights-of-way, flags of flag lots, high risk areas and areas designated as undevelopable.

H. Ridgeline: The ground line located at the highest elevation of the ridge running parallel to the long axis of the ridge.

I. Rossmoor: The lands within the gated community of Rossmoor which are governed by P-D 1483 and its subsequent amendments.

J. Undevelopable Areas: All portions of the site determined to be high risk areas as defined in D. above shall be designated undevelopable and shall automatically be excluded from density calculations. Those portions of a site where the slope is above 30%, and slopes within a 100 foot vertical drop of the ridgeline of any visually prominent ridge may be designated undevelopable and may be excluded at the discretion of the applicant (see also Sec. 10-2.3.407.D.). Areas designated undevelopable must be excluded from further calculations of net site area, minimum lot size and density.

K. Visually Prominent Ridge: The highest hill or series of hills located within each of the Potential Ridge Areas indicated on the Zoning Map. (§20, Ord. 2070, eff. 6/20/2008)

10-2.3.403 Applicability.

Except as exempted in Sec. 10-2.3.405, any development of any residentially zoned properties or portions of same properties within the City's boundaries, excluding the Core Area and Rossmoor, which have an average slope of fifteen (15) percent or greater as defined herein shall be subject to the provisions of this article. Where there is a conflict between this article and other provisions of the Municipal Code, the most restrictive provisions shall apply.

10-2.3.404 Approval Required.

Unless exempted in Sec. 10-2.3.405. below, no new development shall be permitted on any property or portion of a property that is subject to this article unless said development is found to be consistent with this article. This determination shall be made by the reviewing body with the highest authority over any regular development application being sought. Other reviewing bodies in advisory roles on the application shall provide comments and recommendation to the final decision making body on the development's consistency with (Rev. this article. When the application being sought does not normally require discretionary approval by the Design Review Commission, the Planning Commission or the City Council, the discretionary authority for determining consistency shall be given to the Zoning Administrator. Where public notice is not normally required for an application, the noticing requirements of Section 10-2.4.302, shall apply.

10-2.3.405 Exemptions.

The following items are exempt from the provisions of this article:

A. Additions to existing homes, where the addition does not exceed ten percent of the original house size before construction of the addition.

B. Any other minor change to the current conditions of the site which the Zoning Administrator finds will not be inconsistent with the intent and purpose of this article and for which the required findings and development standards are either not applicable or are met without any changes to the submitted plans.

10-2.3.406 Permitted Densities.

The maximum density permitted on any property subject to this article shall be determined by using the density determination table shown below where the average slope is calculated as follows:

A. Average Slope Calculation for Sites or Portions of Sites Generally Rectangular in Shape and Sloping Uniformally in One Direction:

Compute the difference between the top elevation (T) and the bottom elevation (B) of the site or portion of the site in question. Divide that number (rise) by the horizontal distance between the top and bottom elevations (run). This distance is to be calculated using a line drawn perpendicular to the contour lines at a representative location within the parcel as determined by the Zoning Administrator. Multiply the resulting number by 100 to get the average slope (S) of the site or portions of the site in question.

Algebraic equation is:

((T - B) ÷ run) x 100 = S

 

(RISE)

B. Average Slope Calculation for Sites Not Described in A. above:

Measure the length of each contour (L1, L2, L3 ...) on the site in feet. Measure only those areas which are potentially developable (see definition of "undevelopable" in the definition section of this ordinance. Add them together (L). Multiply that number (L) by the contour interval of the map (I), then multiply that number by .0023. Divide the resulting number by the net site area (N) in acres. The resulting number shall be known as the average slope (S) of the site.

Algebraic equation:

(((L1 + L2 + L3 + ...) x I) x .0023) ÷ N = S

C. Density Determination Table

VERAGE SLOPE(s)

MAX. PERMITTED DENSITY*

0-14%

Same as underlying zone.

15-16%

1.0 DU/ACRE

17-18%

.9 DU/ACRE

19-20%

.8 DU/ACRE

21-22%

.7 DU/ACRE

23-24%

.6 DU/ACRE

25-26%

.5 DU/ACRE

27-28%

.4 DU/ACRE

29-30%

.3 DU/ACRE

31-32%

.2 DU/ACRE

33%-over

.1 DU/ACRE

*    This does not prevent one single-family detached home from being built on any legal lot existing at the time this ordinance becomes effective regardless of its size, provided it complies with the other development standards of this article, the grading ordinance and those of the underlying zone. Where provisions may conflict, the most restrictive shall apply.

*    The Planning Commission may grant exceptions to these maximum density standards under Section 10-2.2.1702 of Article 17 (Planned Development District) or upon making all of the following three findings:

1. The site is physically suitable for additional units in that it contains additional natural building sites on the property.

2. The addition of such units will not create environmental damage nor pose public health, safety, or welfare problems.

3. The development meets all the property development standards described in Section 10-2.3.407 below and the Planning Commission can still make all the findings required in Section 10-2.3.409, even with the additional units.

10-2.3.407 Property Development Standards.

The following development standards shall apply to any development governed by this article.

A. Cluster Design vs. Minimum Lot Area:

Infill projects in established single family areas shall be designed with detached single family homes on separate lots according to the minimum lot size of the underlying zone. The lots shall be designed and the houses sited in such a manner as to minimize environmental and visual impacts.

Multiple Family projects and large scale projects (projects encompassing fifty or more acres) which are located on the periphery of the City shall be encouraged to cluster homes in areas with the least environmental and visual impacts in lieu of meeting a minimum lot size requirement

B. Tree Preservation: There shall be no grading or construction of any kind within the area surrounding any highly protected tree for a distance of one and one-half times the distance from the trunk to the dripline except that an exception for minor grading may be granted consistent with Section 3-8.05(b) of Chapter 8 (Tree Preservation Ordinance) of Title 3 (Public Safety) of the Walnut Creek Municipal Code.

C. Grading: Grading of the property shall be designed to minimize disruption of the natural topography. Grading is discouraged on the site except for roads; driveways; garage pads; cuts under the house; cuts on the uphill side of the house which are screened from public view by the house or existing vegetation; site distance requirements; drainage; and soil stability purposes. All approved grading shall be done in such a manner that it presents a finished look of rounded slopes. All exposed graded areas shall be hydroseeded/relandscaped to minimize erosion. Roads should follow contour lines, where feasible, to minimize grading.

D. Hillside/Ridge Preservation. No buildings or structures of any kind shall be constructed which encroach within a 100 foot vertical drop from the ridgeline of any visually prominent ridge or in such a manner that it breaks the skyline of any visually prominent ridge as viewed continuously for more than 1000 feet from any freeway, arterial, or scenic corridor within the City limits. No buildings or structures of any kind shall be constructed upon portions of any site where the true slope is above 30%. NOTWITHSTANDING the foregoing, development may be permitted when (1) the structure will be constructed on an existing lot which is accessed by an existing road which traverses the top of the ridge and placing the house lower on the hill would either increase grading on the site or prevent a gravity flow sewer connection; or (2) the proposed construction will be screened from public view from below due to existing mature vegetation; or (3) the existing lot depth is not adequate to construct a home elsewhere on the site.

E. Rock Outcroppings: Significantly visible rock outcroppings shall be preserved and incorporated into any approved landscape/site plan to the greatest degree possible.

F. Yards and Lot Coverage: Minimum yards and maximum lot coverage shall be determined as part of the hillside development review process taking into account the need to preserve natural features on the site, minimize shadows on adjacent properties and preserve views, but in no case shall they be less than that required by the underlying zone.

G. Creek, Landslide, and Fault-Line Setbacks: No structures shall be built within 50 feet of a fault line, within 50 feet of the top of a creek bank or within that setback from a known landslide area recommended in a soils report prepared for the proposed development. Where significant riparian vegetation exists beyond the limits required above for creek setbacks, the setback line shall be extended to include such areas.

H. Exclusions: Any area of the site which has been excluded from density calculations shall be precluded from further residential development by a scenic easement, dedication of open space, deed of development rights or other appropriate method.

I. Antennas: Receiving and/or transmitting antennas shall be sited on the site in such a manner that the base is screened from public view and the top of the antenna does not break the skyline any more than is reasonably necessary to function properly

J. Drainage: Any increased runoff from the site due to proposed improvements to the site shall be collected and conveyed off the property in a manner that does not negatively impact downstream properties.

K. Screening of Mechanical Equipment: All mechanical equipment on site shall be screened from view off site, where feasible.

L. Exterior Lighting: Exterior lighting shall be designed and installed in such a manner that the light source is shielded from view off the site unless a finding is made that such lighting is necessary for safety reasons.

M. Pools: The siting and design of pools and pool related structures shall be subject to review and approval of the Design Review Commission.

10-2.3.408 Conditions of Approval.

In the recommendation for approval and in the approval of a project submitted under this ordinance, conditions may be imposed which are deemed necessary to implement the General Plan and/or make the findings listed below.

10-2.3.409 Required Findings for Project Approval.

A. The proposed development complies with the purpose and intent of the Hillside Performance Standards as well as the specific property development standards required therein.

B. The proposed development, as conditioned, minimizes disruption of the natural topography, preserves the appearance of scenic ridgelines, and protects natural features on the site in their natural state such as heritage quality trees, creeks, riparian corridors, stock ponds, hillslopes, knolls, ridgelines, outcroppings and natural habitat areas to the greatest degree possible.

C. The proposed infill development, as conditioned, maintains a high quality residential design while reflecting existing residential patterns and character.

D. The proposed development, as conditioned, minimizes the impact of new residential development, to the extent feasible, upon existing residents' views.

E. Drainage systems, such as detention basins, have been considered, where applicable to preserve natural creek channels.

F. Open space lands within the proposed development have been left in private ownership, unless public ownership or access is desirable or necessary.

G. The proposed development has been reviewed against the seismic and slope instability hazard maps and the Association of Bay Area Governments (ABAG) Ground Shaking and Damage Potential maps, after which a geotechnical analysis was made and designated high risk areas have been designated as undevelopable on the approved plans.

H. The homes have been sited in such a manner as to protect natural features of the site, minimize grading, preserve the appearance of scenic vistas, minimize the risk of property damage and personal injury due to seismic hazards and slope instability and minimize shadows on adjacent properties, where practicable.

I. The design of the homes including massing, roof lines, exterior materials, colors, and decking have been designed to complement the terrain.

J. Proposed landscaping, as conditioned, preserves the natural character of the area while minimizing erosion and fire hazard risks to persons and property.

K. The project is consistent with the City's General Plan.

L. The project, as conditioned, protects the public health, safety, and general welfare of persons residing in and around the area as well as the community at large.

Article 5. Accessory Dwelling Units

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10-2.3.501 Purpose.

Consistent with California Code of Regulations Title 7, Division 1, Chapter 4 and California Government Code Section 65852.2, the purpose of this article is to allow accessory dwelling units on single-family properties in all single-family residential and multiple-family residential zones. The provisions of this article are intended to promote the development of small rental housing units designed to meet the housing needs of individuals and families, particularly those of low and moderate incomes, and for persons who are elderly or disabled. The requirements of this article are intended to protect the integrity and character of single-family neighborhoods by ensuring that accessory dwelling units are architecturally compatible with the principal structure and neighborhood. (§7, Ord. 2018, eff. 8/14/03 and by §1, Ord. 2027, eff. 5/6/04; §6, Ord. 2173, eff. 10/20/17)

10-2.3.502 Applicability.

The provisions of this article shall apply to any parcels of land located in the single-family residential districts (R), single-family residential areas zoned planned development (P-D, SFH-PD1), hillside planned development districts (H-P-D), duplex residential district (D-3) and multiple-family residential districts (M, PD), in any of the following three (3) situations:

A. An accessory dwelling unit is constructed on a parcel with an existing single-family residential dwelling;

B. A new single-family residential dwelling is constructed on a parcel with an existing single-family residential dwelling which conforms to the property development standards contained in Section 10-2.3.503; or

C. A new single-family residential dwelling and accessory dwelling unit are constructed at the same time on a vacant parcel. (§7, Ord. 2018, eff. 8/14/03, and by §1, Ord. 2027, eff. 5/6/04; §6, Ord. 2173, eff. 10/20/17. Formerly 10-2.3.505)

10-2.3.503 Property Development Standards.

The following property development standards shall apply to all land and structures in the zones which permit accessory dwelling units:

A. Zoning Requirements. All yards, building height, distance between buildings, and lot coverage standards of the zone in which the property proposed for conversion is located shall apply, except as otherwise specified in this article. In P-D and H-P-D1 zones where no standards are specified, and where additional building is allowed, the Planning Manager shall apply development standards based on the district that most closely matches existing development in regards to lot size.

Notwithstanding the foregoing, no yards are required for an existing building when it is converted to an accessory dwelling unit; however, the accessory dwelling unit must still comply with all applicable provisions of Title 9 (Building Regulations).

B. Size. The maximum gross floor area for an accessory dwelling unit shall be based on net lot area as follows:

Net Lot Area:

Maximum Gross Floor Area:

7,999 or less square feet

700 square feet

8,000 to 9,999 square feet

750 square feet

10,000 to 11,999 square feet

800 square feet

12,000 to 14,999 square feet

850 square feet

15,000 to 19,999 square feet

900 square feet

20,000 square feet or greater

950 square feet

Furthermore, accessory dwelling units attached to the main building shall not exceed fifty percent (50%) of the gross floor area of the main building.

C. Design. The accessory dwelling unit shall be designed to be architecturally consistent with the main building, including building form, exterior siding and/or trim, roof form and materials, and window placement/type. Any new entrances to an attached accessory dwelling unit shall be located on the side or in the rear of the building.

D. Additional Design Standards for Garage Conversions. In cases where an accessory dwelling unit is created through the conversion of an existing private garage, the garage conversion shall be architecturally consistent with the main building through one (1) of the following options:

1. The garage door is left operational to provide access to a storage space that is separated from the accessory dwelling unit by an interior partition wall. The partition wall shall not be constructed in such a manner as to fully or partially prevent the operation of the garage door. The installation of new window openings or pass doors not integral to the original design of the garage door is prohibited.

2. The garage door is removed entirely and replaced with fenestration elements of the existing dwelling designed to be architecturally consistent with the principal structure, including form, exterior siding and/or trim and window placement/type. A landscaped area shall be installed to provide a minimum of three (3) feet of separation between the driveway and the former garage door. This landscaped area may be reduced to a depth as little as one (1) foot if needed to maintain a minimum driveway length of eighteen (18) feet, as measured from the street line. This option may not be used when the existing driveway is less than nineteen (19) feet in length, as measured from the street line.

E. Off-Street Parking. See Part III, Article 2, Off-Street Parking and Loading Regulations.

F. Limitations for All Accessory Dwelling Units. The following limitations shall apply to both conversion of existing structures and to construction of new structures:

1. On any one (1) parcel of land, no more than one (1) accessory dwelling unit shall be allowed.

2. If the addition of the accessory dwelling unit requires design review pursuant to Section 10-2.3.403 or 10-2.4.1203.1, then the building permit shall not be approved unless the accessory dwelling unit is located entirely within the footprint of an existing building.

G. Additional Limitations for Newly Constructed Accessory Dwelling Units. The following limitations shall apply only to the construction of new structures or the construction of additions to existing structures:

1. Height. Accessory dwelling units attached to the main unit or in the same building as the main unit shall comply with the height limit of the main unit. Accessory dwelling units located in a building detached from the main unit shall comply with the following:

a. Unless located over an accessory structure or detached garage, accessory dwelling units shall be limited to one (1) story with a maximum height of eighteen (18) feet to the highest part of the structure.

b. Accessory dwelling units located in a second story above an accessory structure other than a detached garage shall comply with the height limit of the main unit, providing the second story is set back a minimum of ten (10) feet from the side property line and complies with the rear yard setback of the zoning district.

c. Accessory dwelling units located in a second story above a detached garage shall comply with the height limit of the main unit, providing the second story is set back a minimum of five (5) feet from the side and rear property lines, or that which is required for a single-family dwelling, whichever is less.

2. Location. Except as otherwise specified in this article, accessory dwelling units shall comply with the yard and setback standards applicable to the main building. (§7, Ord. 2018, eff. 8/14/03 and by §1, Ord. 2027, eff. 5/6/04; §6, Ord. 2173, eff. 10/20/17)

Article 6. Child Day Care Facilities

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10-2.3.601 Purpose.

The purpose of this ordinance is to implement the provisions of the California Child Day Care Act set forth in Chapter 3.4, 3.5 and 3.6 of Division 2 of the Health and Safety Code (Section 1596.70 et seq.), and to provide reasonable standards, restrictions and requirements specifically relating to child day care facilities.

10-2.3.602 Exclusions.

The provisions of this article shall not apply to:

Those facilities and arrangements excluded from the provisions of the California Child Day Care Act pursuant to Section 1596.792 of the Health and Safety Code;

A. Recreation programs excluded from the provisions of the California Child Day Care Act pursuant to Section 1596.793 of the Health and Safety Code;

B. Extended day care programs which are located on the campuses of public or private schools and only provide before and after school care for those students enrolled in the school.

10-2.3.603 Small Family Day Care Homes.

Notwithstanding any other provisions of this chapter, and pursuant to Section 1597.45 of the Health and Safety Code, small family day care homes which are properly licensed pursuant to the provisions of the Act shall be considered a residential use of property and shall be allowed as a matter of right in all areas of the City zoned for residential uses. Small family day care homes shall also be allowed as a matter of right in single family dwellings and multiple family housing units in commercial zones. The operation of a small family day care home without proper state licensing shall constitute a violation of this ordinance, and, in addition to any remedies available to the state under the Health and Safety Code, any individual maintaining such a use shall be guilty of an infraction subject to citation pursuant to Section 1-2.06 of the Walnut Creek Municipal Code.

10-2.3.604 Large Family Day Care Homes.

Notwithstanding any other provisions of this chapter, and pursuant to Section 1597.46 of the Health and Safety Code, large family day care homes shall be permitted as a matter of right in any single family or multiple family residence in any area of the City subject to the issuance of a large family day care home permit by the Zoning Administrator.

10-2.3.605 Large Family Day Care Home - Permits.

A. Application. Applications for a large family day care home permit shall be submitted to the Planning Manager setting forth the following minimum information: Site plan showing buildings, play areas, fences, parking and landscaping; floor plans showing internal rooms; and a business plan explaining hours of operation, staffing and related matters. Additional materials may be required during the permit review process.

B. Notice. No public hearing is required before the Planning Manager takes action on a large family day care home permit. Public notice shall be given at least ten (10) days prior to the date on which the Planning Manager will make a decision on an application for a large family day care home, by mail or delivery, to the applicant and to all property owners shown on the most recent equalized assessment roll within a three hundred (300) foot radius of the exterior boundaries of the proposed large family day care home site, and by posting a notice at three (3) public locations within the area around the site.

C. Decision. The Planning Manager shall act on the application within thirty (30) days of the date it is deemed complete, unless a public hearing is requested pursuant to subsection (D) of this section, in which case a decision shall be made by the Zoning Administrator within sixty (60) days from the date the application is deemed complete.

D. Hearing. No hearing shall be held before a decision is made on the application. If a hearing is requested by the applicant or other affected person during the ten (10) day notice period enumerated in sub-section (B) of this section, the large family day care home permit shall be scheduled for a hearing by the Zoning Administrator. For purposes of this section, "affected person" shall mean a person who owns property or who lives or works within a three hundred (300) foot radius of the proposed large family day care home. Public notice of the Zoning Administrator hearing shall be provided in the same manner as for the Planning Manager consideration of the permit.

E. Findings. The Planning Manager or Zoning Administrator, as the case may be, shall grant a large family day care home permit upon finding that the proposed use:

1. Complies with all City restrictions and regulations on yards, building height, setback and lot coverage standards in the zoning district in which the residence is located. In P-D, H-P-D and commercial zones where no standards are specified, the Planning Manager or Zoning Administrator, as the case may be, shall have the authority to establish reasonable standards for yards, building height setbacks, and lot coverage;

2. Is either situated on a lot zoned for single-family dwellings or meets a minimum standard of seventy-five (75) square feet of outdoor activity space for each child who is not an infant. The outdoor area must be owned or leased by the applicant and cannot be shared with other property owners unless permission is granted by the joint owners and/or users. This space requirement can be waived if the applicant can demonstrate that there is a public park, school or other public open area which is in close proximity to the large family day care home and is available to meet the open area requirement;

3. Is compatible with the surrounding neighborhood;

4. Is located more than five hundred (500) feet from any other large family day care home or child day care center unless otherwise approved by the Planning Manager or Zoning Administrator, as the case may be;

5. Does not materially reduce the privacy otherwise enjoyed by residents of adjoining property;

6. Provides parking as required in Part III, Article 2 of this chapter, Off-Street Parking and Loading Regulations;

7. Provides adequate access to the facility with minimal disruption to local traffic and circulation;

8. Minimizes, to the extent feasible by design and layout of the site, significant noise impacts to neighbors.

F. As conditions of approval, the applicant shall be required to:

1. Comply with the applicable provisions of the latest edition of the Uniform Building Code adopted by the City of Walnut Creek which apply to single-family and/or multiple-family residences as the case may be;

2. Comply with any standards promulgated by the State Fire Marshal and the Contra Costa County Consolidated Fire District relating to the subject of fire and life safety in large family day care homes;

3. Be licensed or deemed to be exempt from licensure by the State of California as a large family day care home;

4. Comply with any conditions imposed by the Planning Manager or Zoning Administrator, as the case may be, which are deemed necessary to satisfy the requirements of subsection (E) of this section.

G. The applicant or any interested person may appeal the decision of the Planning Manager or Zoning Administrator to the Planning Commission, in accordance with the provisions of Section 10-2.4.502. (§21, Ord. 2134, eff. 11/20/14)

10-2.3.606 Day Care Center.

A. Notwithstanding any other provision of this chapter, day care centers shall be permitted in any area of the City subject to the issuance of a conditional use permit by the Planning Commission pursuant to Part IV. Article 6. of this chapter, and subject to the provisions of this section.

B. Any person seeking a conditional use permit to operate a day care center shall submit an application for such permit to the Community Development Department setting forth any such reasonably required information which the Community Development Department shall request.

C. Notice of any public hearing held prior to a decision on an application for a conditional use permit to operate a day care center shall be as provided by Part IV, Article 3. of this chapter and by Government Code Section 65091.

D. The Planning Commission shall grant a conditional use permit to the applicant only upon making the required findings set forth in Part IV, Article 6. of this chapter and upon finding that the proposed day care center:

1. Complies with all City restrictions and regulations on yards, building height, setback and lot coverage standards in the zone in which the center is located. In P-D, H-P-D and commercial zones where no standards are specified, the Planning Commission shall have the authority to establish reasonable standards for yards, building heights, setbacks, and lot coverage;

2. Is compatible with the surrounding neighborhood, particularly in commercial districts;

3. Is located more than 500 feet from any other child day care center or large family day care home. Exceptions which decrease or eliminate this distance requirement may be approved by the Planning Commission;

4. Does not materially reduce the privacy otherwise enjoyed by residents of adjoining property;

5. Provides adequate access to the facility with minimal disruption to local traffic and circulation;

6. Seeks, by design and layout of the site, to avoid noise which may be a nuisance to neighbors.

E. In addition to conditions imposed by the Planning Commission in issuing a conditional use permit, the applicant shall also be required to:

1. Comply with the applicable provisions of the latest edition of the Uniform Building Code adopted by the City of Walnut Creek;

2. Comply with any standards promulgated by the State Fire Marshall and the Contra Costa County Consolidated Fire District relating to the subject of fire and life safety;

3. Be licensed or deemed to be exempt from licensure by the State of California as a day care center.

Article 7. Recycling Facilities

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10-2.3.701 Purpose.

The purpose of this ordinance is to implement the provisions of the California Beverage Container and Recycling and Litter Reduction Act set forth in Public Resources Code Section 14500, et seq., to allow the establishment of recycling facilities, and to set forth the zoning requirements, approval procedures and the criteria and standards for recycling facilities.

10-2.3.702 Definitions.

For the purposes of this article, "Community Service Facility" shall mean any public building and any public or private school, church, or neighborhood center. For purposes of this article, community service facility shall not mean any public or private park, open space, playground or recreation area.

10-2.3.703 Exemptions.

The following recycling facilities shall not be subject to the provisions of this article regulating the issuance of permits for or maintenance of collection facilities.

A. Small collection facilities (on-site storage containers) and reverse vending machines used by occupants of single family homes, duplex units and multiple family housing projects for the sole collection and storage of recyclable material generated by on-site residents. Storage containers must be enclosed or placed out of view of any public right-of-way.

B. Small collection facilities (storage containers) and reverse vending machines located on the premises of a commercial property and used solely for the recycling of material generated by that business or use where the recyclable materials are deposited solely by employees of the business. Storage containers must be enclosed or placed out of view of any public right-of-way.

C. Small collection facilities and/or reverse vending machines placed on the premises of a community service facility for the collection and storage of recyclable material generated solely by the host use. Any small recycling facilities intended for use by the general public are subject to the criteria and standards set forth in §10-2.3.705. No small recycling facilities may be placed on public land without the permission of the land owner (City, State, Federal).

D. Small recycling facilities used for a one-day special event. A short term promotional permit is required for the placement of collection facilities for events of a longer duration.

E. Small collection facilities consisting of storage containers similar in size and shape to regular trash receptacles placed in city parks and open space areas subject to review by the Community Development Director and the approval of the Park and Recreation Commission.

10-2.3.704 Permits Required.

Every person who wishes to place, construct, and/or operate any collection and processing facility within the City of Walnut Creek shall first obtain a permit for the placement, construction, and/or operation of such facility in accordance with the provisions of this article. Any person who allows the placement, construction, or operation of such a facility in violation of this article is guilty of an infraction.

A. Except as provided in subsection C. of this section, reverse vending machine facilities, small collection facilities, large collection facilities and processing facilities shall be allowed only in the zones designated in the following table, except that those planned development zones where the conditions of development do not expressly allow or disallow recycling facilities, and those planned development districts which allow commercial development shall be considered as permissible zones for reverse vending machine facility permits and small collection facility permits. Subject to the criteria and standards of this article, large collection facilities and processing facilities shall be allowed only upon the issuance of a conditional use permit issued pursuant to the provisions of this article.

B. Permits Required. Every person who wishes to place, construct, and/or operate any recycling facility within the City of Walnut Creek needs to obtain a permit, as follows:

TYPE OF FACILITY

PERMISSIBLE ZONES

PERMIT REQUIRED

Reverse Vending Machine

All Commercial except Pedestrian Retail (P-R). In P-R Only in Convenience Zone. Residential - in Community Service Facility Only

Planning Manager Approval

Small Collection Facilities

All Commercial except Pedestrian Retail (P-R). In P-R Only in Convenience Zone. Residential - in Community Service Facility Only

Planning Manager Approval

Large Collection Facilities

Service Commercial (S-C), Automobile Sales and Service (A-S)

Conditional Use Permit

Processing Facilities

Service Commercial (S-C), Automobile Sales and Service (A-S)

Conditional Use Permit

C. Notwithstanding any other provision of this chapter, small collection facilities established and maintained with City permission on and after July 1, 1987 located in any commercial zone, in a Convenience Zone within the P-R, Pedestrian Retail district, or in a residential district where the host use is a community service facility, shall be allowed without further review or permit requirements. (§22, Ord. 2134, eff. 11/20/14)

10-2.3.705 Criteria, Standards, and Procedure for Small Facilities.

A. Procedure for Small Collection Recycling Facilities.

Any person wishing to obtain a permit for the placement, construction, and/or operation of a Reverse Vending Machine facility or small collection recycling facility shall apply therefore to the Community Development Director. The permit shall be issued upon a finding by the Director that the proposal meets all of the following criteria and standards:

1. For Reverse Vending Machine Facilities:

a. Location and Site Improvements - A reverse vending machine facility shall:

(1) Be established in conjunction with a commercial use or community service facility;

(2) Be located on private property within 30 feet of the entrance to the commercial structure or inside a community service facility and shall not obstruct pedestrian or vehicular circulation;

(3) Occupy no more than 50 square feet of floor space per site including any protective enclosure;

(4) Be subject to staff design review approval for consideration of location, setbacks, pedestrian and vehicular circulation, landscaping, color and screening compatible with the area in which the facility will be located.

b. Operations - A reverse vending machine facility shall:

(1) Be no more than 8 feet in height;

(2) Be constructed of and maintained with durable waterproof and rustproof materials;

(3) Be maintained in a clean, litter-free condition on a daily basis;

(4) Have operating hours which coincide with the operating hours of the host use;

(5) Be illuminated to ensure comfortable and safe operation if operating hours include hours between dusk and dawn;

(6) Be emptied only between the hours of 8:00 a.m. and 5:00 p.m.

c. Signs - A reverse vending machine facility shall:

(1) Be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and 24-hour phone number of the operator or responsible person to call if the machine is inoperative;

(2) Have a sign area of a maximum of four (4) square feet per machine, exclusive of operating instructions.

(3) Have all signs attached to the reverse vending machine or its shelter; no freestanding signs shall be permitted.

d. Parking - A reverse vending machine facility shall:

(1) Not occupy parking spaces and/or landscaping required by the City for the host use.

2. For Small Collection Recycling Facilities:

a. Location and Site Improvements - Small collection facilities shall:

b. Be established in conjunction with an existing commercial use or community service facility;

c. Be located on the same property as the host use or community service facility;

d. Be no larger than 500 square feet and occupy no more than five (5) parking spaces not including space that will be periodically needed for removal of materials or exchange of containers;

e. Be subject to staff design review approval for consideration of location, setbacks, pedestrian and vehicular circulation, landscaping, color and screening compatible with the area in which the facility will be located.

3. Operations - Small collection facilities shall:

a. Accept only glass, metals, plastic containers, papers, and reusable items. Used motor oil may be accepted with the permission of the local public health official and/or fire marshal;

b. Use containers that are constructed of durable waterproof and rustproof material which have sufficient capacity to accommodate materials collected, and which are secure from unauthorized entry or removal of materials;

c. Store all recyclable material in containers or inside the mobile unit vehicle;

d. Be maintained free of litter and any other undesirable materials and be cleaned of loose debris daily. Mobile facilities from which trucks or containers are removed at the end of each collection day shall be swept at the end of each collection day;

e. If attended, operate between the hours of 9:00 a.m. to 7:00 p.m. if located within 500 feet of a property occupied or zoned for residential use;

f. Use no power-driven processing equipment except for reverse vending machines.

g. Be emptied only during the hours of 8:00 a.m. to 5:00 p.m.

4. Signs. Small collection facilities shall:

a. Clearly mark containers to identify the type of material which may be deposited and display a notice stating that no material shall be left outside the recycling enclosure or containers;

b. Be clearly marked to identify the name and telephone number of the responsible party if assistance is required, and the hours of operation;

c. May have signs, except freestanding signs; provided, that:

(1) Signs do not exceed a maximum of sixteen (16) square feet;

(2) Directional signs, bearing no advertising message, may be installed with the approval of the Planning Manager if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way;

(3) The Planning Manager may authorize increases in the number and size of signs upon findings that they are compatible with adjacent businesses and necessary to provide proper identification to intended users.

5. Parking - Small collection facilities shall:

a. Require no additional parking spaces for customers of a facility that is located at the established parking lot of a host use. One space will remain available for the attendant, if needed;

b. Provide a clearly marked area for mobile recycling units to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;

c. Not occupy parking spaces, including the space for the attendant, if such use reduces available parking spaces below the minimum number required for the primary host use unless the facility is located in a Convenience Zone or a potential Convenience Zone as designated by the California Department of Conservation.

6. Exception from Parking Standards - A reduction in available parking spaces in an established parking facility within a Convenience Zone may be allowed as follows:

a. For a commercial host use:

NUMBER OF AVAILABLE PARKING SPACES

MAXIMUM REDUCTION

0-25

0

26-35

2

36-49

3

50-99

4

100+

5

b. For a community service facility: A maximum five (5) spaces reduction will be allowed when not in conflict with parking needs of the host use.

B. The Planning Manager shall deny a permit applied for under this section upon a determination that the applicant does not comply with the provisions of subsection (A) of this section or if the Planning Manager finds that the facility as proposed will have a detrimental effect on the public health, safety, or general welfare or that the applicant has been found to be in continuing violation of the provisions of this article at other facilities maintained by the applicant. Such findings shall be put in writing and provided to the applicant. Any permit issued under this paragraph shall include the following condition: "This permit shall automatically expire, by operation of state law (Government Code Section 66787.6(a)), if the permittee's certificate is revoked pursuant to Section 14541 of the Public Resources Code." (§§23, 24, Ord. 2134, eff. 11/20/14)

10-2.3.706 Criteria, Standards and Procedure for Larger Facilities.

Any person wishing to obtain a permit for the placement, construction, and/or operation of a large collection facility or processing facility shall apply to the Planning Commission for a conditional use permit. The conditional use permit shall be issued if the Commission can make the findings required by Part III, Article 6. and finds that all of the appropriate standards and criteria below are met; provided, however, that the Planning Commission may impose standards stricter than those set out below upon a finding that such modifications are reasonably necessary to ensure (1) safe and adequate pedestrian and vehicular circulation at the recycling facility; (2) screening from noise, litter, dust, dirt, or other particulates, where the screening shall be compatible with the area in which the recycling facility will be located; (3) aesthetic design compatible with the area in which the recycling facility will be located; and (4) mitigation or elimination of any other problem identified with the recycling facility.

A. For Large Collection Facilities.

1. Location and Site Improvements - Large collection facilities shall:

a. Locate at least 300 feet from property occupied or zoned for residential use;

b. Operate in an enclosed building, or operate within an area enclosed on all sides by a solid board or masonry fence not less than six (6) feet in height;

c. Meet the setback and landscaping requirements provided for the zoning district in which the facility is located;

d. Be subject to design review approval.

2. Operations - Large collection facilities shall:

a. Limit all exterior storage of material to sturdy containers which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of non-flammable material. Oil storage must be in containers approved by the fire marshal and/or health official. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing;

b. Be maintained free of litter and any other undesirable materials, and be cleaned of loose debris on a daily basis;

c. Locate all containers provided for after-hours donation of recyclable materials at least 300 feet from any property zoned or occupied for residential use. Such containers shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials;

d. Use of light processing methods for the compacting, baling, plastic shredding, and other activities necessary for efficient temporary storage and shipment of materials, approved through a conditional use permit process or at the discretion of the Planning Commission if noise and other conditions are met;

e. Operate between the hours of 8:00 a.m. and 5:00 p.m. if the site abuts property occupied or zoned for residential use.

3. Signs - Large collection facilities shall:

a. Conform to the applicable provisions of Chapter 8 Sign Regulations.

b. Clearly mark containers to identify the type of material which may be deposited; the facility shall display a notice stating that no materials shall be left outside the collection containers;

c. Be clearly marked with the name and phone number of the facility operator and the hours of operation;

d. Allow identification and informational signs which meet the standards of Chapter 8 Sign Regulations; and directional signs, bearing no advertising message, may be installed with the approval of the Planning Commission, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

4. Parking - Large collection facilities shall:

a. Provide space on site for six (6) vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the Planning Commission determines that allowing overflow traffic above six (6) vehicles will not negatively impact surrounding businesses and public safety;

b. Provide one (1) on-site parking space for each commercial vehicle operated by the recycling facility and meet all parking requirements mandated by the zone in which the facility is located, except that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary such as when employees are transported in a company vehicle to a work facility.

B. For Processing Facilities.

1. Location and Site Improvements - Processing facilities shall:

a. Not be located within 300 feet of a property occupied or zoned for residential use;

b. Operate in an enclosed building, except for incidental storage;

c. Meet setback and landscaping requirements provided for the zoning district in which the facility is located;

d. Be fenced along perimeter boundaries with either an 8 foot high solid board or masonry fence;

e. Be subject to design review approval.

2. Operations - Processing facilities shall:

a. Permit the operation of power-driven processing, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of recyclable materials and repairing of reusable materials;

b. May accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code;

c. Place all material in sturdy containers or enclosures which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable materials. Oil storage must be in containers approved by the fire marshal and/or health official. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing;

d. Maintain donation areas free of litter and any other undesirable materials, and be cleaned of loose debris daily;

e. Secure the site from unauthorized entry and removal of materials when attendants are not present;

f. Locate all containers provided for after-hours donation of recyclable materials at least 300 feet from any property zoned or occupied for residential use. Such containers shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials;

g. Not permit the distribution of dust, fumes, smoke, vibration, or odor so as to be detectable above ambient levels on neighboring properties.

3. Signs - Processing facilities shall:

a. Conform to the applicable provisions of Chapter 8 Sign Regulations.

b. Clearly mark containers to identify the type of materials that may be deposited. The facility shall display a notice stating that no materials shall be left outside the recycling container;

c. Be clearly marked to identify the name and telephone number of the facility operator and the hours of operation.

4. Parking - Processing facilities shall:

a. Provide space on site for the anticipated peak load of customers to circulate, park, and deposit recyclable materials. If the facility is open to the public, space will be provided for a minimum of ten (10) customers or the peak load, whichever is higher, except where the Planning Commission determines that allowing overflow traffic will not negatively impact surrounding businesses and public safety.

b. Provide one (1) on-site parking space for each commercial vehicle operated by the processing center and meet all parking requirements mandated by the zone in which the facility is located.

10-2.3.707 Responsibilities of Property Owners and Supermarkets.

A. Litter.

Every property owner who agrees, by contract or otherwise, to the placement, construction, and/or operation of a recycling facility on his property shall be responsible for ensuring that the premises surrounding such facility are maintained free of litter, recyclable materials, and other debris.

Every supermarket as defined in Section 14526.5 of the Public Resources Code which contracts for the placement, construction, and/or operation of any recycling facility within the Convenience Zone of such supermarket shall be responsible for ensuring that the premises surrounding such facility are maintained free of litter, recyclable materials, and other debris.

B. Informational Signs.

Every supermarket as defined in Section 14526.5 of the Public Resources Code shall post, in convenient and visible locations within the supermarket or at the entrances or exits thereof, the locations of each permitted collection facility within the Convenience Zone of such supermarket.

10-2.3.708 Modifications to Facility.

Any change in the type of facility or in its location shall require the prior approval of the City. If in the opinion of the Planning Manager the proposed change will result in a new facility, a new application under this article shall be required. (§25, Ord. 2134, eff. 11/20/14)

10-2.3.709 Appeals.

In the event that an application for a permit for a reverse vending machine facility or small collection facility is denied by the Planning Manager pursuant to the provisions of this article, an appeal may be filed with the City Clerk. Such an appeal shall be heard by the Planning Commission pursuant to Section 10-2.4.504. (§26, Ord. 2134, eff. 11/20/14)

10-2.3.710 Modification or Revocation.

The Planning Manager may modify or revoke a permit granted under this article under the procedures established by Section 10-2.4.412. (§27, Ord. 2134, eff. 11/20/14)

Article 8. Concurrent Sales of Gasoline and Alcoholic Beverages

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10-2.3.801 Purpose.

The purpose of this article is to implement the provisions of Business and Professions Code §23790.5 and to protect the public health, safety and welfare by ensuring that the concurrent sales of gasoline and alcoholic beverages does not occur in circumstances which create adverse effects on the area of the proposed sales or the area surrounding the location of the proposed sales, or on persons within such area.

In considering a permit for such use, the Planning Commission's review may include the following:

A. The proximity to and possible detrimental effects on nearby churches, schools, parks, hospitals, playgrounds, youth facilities, residences, and other similar uses.

B. Public loitering, nuisance, conduct of illegal activities on and outside the premises or other crime or law enforcement problems.

C. Security arrangements.

D. Physical configuration of the site, including size, setbacks, site coverage, fencing and visual screening, landscaping, maintenance, architecture and design.

10-2.3.802 Conditional Use Permit Required.

When otherwise designated as permitted uses by the provisions of this article, the concurrent sales of gasoline and alcoholic beverages shall require a conditional use permit pursuant to Part IV, Article 6 of this chapter.

10-2.3.803 Procedures.

Repealed by §46, Ord. 2109, eff. 6/15/12.

Article 9. Inclusionary Housing

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10-2.3.901 Purpose.

The purpose of this article is to facilitate the development and availability of housing affordable to a broad range of households with varying income levels within the City to meet current and future affordable housing needs. Provision of inclusionary units within new residential developments will assure that new affordable housing units are distributed throughout the City in order to provide economically diverse neighborhoods and avoid problems historically associated with concentrated low income housing. It is intended in part to implement state policy that declares that local governments have a responsibility to exercise their powers to facilitate the development of housing to adequately provide for the housing needs of all economic segments of the community, as stated in Government Code Section 65580. It is also intended to implement the Housing Element of the General Plan which calls for the continued implementation of an inclusionary housing program to require either production of affordable housing at moderate, low, and very low income levels; payment of in-lieu fees, or alternative means of compliance to support construction of affordable housing units. (§4, Ord. 2025, eff. 3/18/04; §1, Ord. 2095, eff. 1/15/11; §4, Ord. 2178, eff. 1/5/18)

10-2.3.902 Definitions.

The definitions contained in Section 10-2.1.303 shall apply to the provisions of this article. Notwithstanding the foregoing, the following definitions shall apply only to this article:

A. Condominium Conversion. A "condominium conversion" means the conversion of the ownership of the units in a rental project from a single ownership to an ownership in which the dwelling units may be sold individually. Such condominium conversions may include, but are not limited to, the conversion of existing multiple unit residential development projects to any of the following, all as defined in the Davis-Stirling Common Interest Development Act, California Civil Code Section 4000 et seq: (a) a community apartment project; (b) a condominium project; and (c) a stock cooperative.

B. Residential Development Project. Any project that either: (1) includes the construction of one (1) or more dwelling units, or (2) includes a condominium conversion. (§4, Ord. 2025, eff. 3/18/04 and §1, Ord. 2077, eff. 5/8/09; §1, Ord. 2095, eff. 1/15/11; §4, Ord. 2178, eff. 1/5/18)

10-2.3.903 Inclusionary Units or Fee Required.

A. Requirement – Ownership Projects. All ownership projects shall either include the number of inclusionary units required under Section 10-2.3.904 or pay the in-lieu fee required under Section 10-2.3.905, unless an alternative is proposed by the developer and approved as described in Section 10-2.3.906. No application for a rezoning, tentative map, parcel map, conditional use permit, design review, or building permit shall be approved, nor shall any such ownership project be constructed or condominium conversion approved, without compliance with this article.

B. Requirement – Rental Projects. All rental projects shall include the number of inclusionary units required under Section 10-2.3.904 or pay the in-lieu fee required under Section 10-2.3.905, unless an alternative is proposed by the developer and approved as described in Section 10-2.3.906. No application for a rezoning, tentative map, parcel map, conditional use permit, design review, or building permit shall be approved, nor shall any such rental project be constructed, without compliance with this article.

C. Exemptions. Notwithstanding subsections (A) and (B) of this section, this article shall not apply to following:

1. Accessory dwelling units.

2. A single unit being constructed to replace a single unit destroyed by fire, flood, earthquake or other act of nature. (§4, Ord. 2025, eff. 3/18/04 and §2, Ord. 2077, eff. 5/8/09; §1, Ord. 2095, eff. 1/15/11; §4, Ord. 2178, eff. 1/5/18)

10-2.3.904 Number of Inclusionary Units.

A. Basic Requirement – Ownership. The required number of inclusionary units in an ownership project shall depend upon the total number of dwelling units in the project and the type of inclusionary units being included (i.e., whether they are made affordable to moderate income, low income or very low income households). The developer of the ownership project may choose which type of inclusionary units to include, which, in turn, will partially determine the number of inclusionary units that must be included.

1. New Ownership Projects. The developer of an ownership project (other than a condominium conversion) shall pay the in-lieu fee specified in Section 10-2.3.905, or include either:

a. Ten percent (10%) of the dwelling units as moderate income ownership units;

b. Seven percent (7%) of the dwelling units as low income ownership units; or

c. Six percent (6%) of the dwelling units as very low income ownership units.

Notwithstanding subsection (C) of this section, a minimum of one (1) inclusionary ownership dwelling unit shall be provided per project.

Table 1: Options for New Ownership Projects (other than a condominium conversion)

 

Moderate

Low

Very Low

Pay In-Lieu Fee

Ownership Units

10%

7%

6%

Section 10-2.3.905

2. Condominium Conversions. The condominium conversion shall include either fifteen percent (15%) of the dwelling units as low income ownership units or eleven percent (11%) of the dwelling units as very low income units as selected by the applicant, or, if the project is fewer than ten (10) units, pay a fractional fee for low income ownership units as specified in Section 10-2.3.905.

B. Basic Requirement – Rental. The required number of inclusionary units in a rental development project shall depend upon the total number of dwelling units in the project and the type of inclusionary units being included (i.e., whether they are made affordable to moderate income, low income or very low income households). The developer of the rental development project may choose which type of inclusionary units to include, which, in turn, will partially determine the number of inclusionary units that must be included.

1. New Rental Projects. The developer of a rental development project shall pay the in-lieu fee specified in Section 10-2.3.905, or include either:

a. Ten percent (10%) of the dwelling units as low income rental units; or

b. Six percent (6%) of the dwelling units as very low income rental units.

Notwithstanding subsection (C) of this section, a minimum of one (1) inclusionary rental dwelling unit shall be provided per project.

Table 2: Options for Rental Development Projects

 

Low

Very Low

Pay In-Lieu Fee

Rental Units

10%

6%

Section 10-2.3.905

C. Fractional Units. When the application of the percentages specified above results in a number that includes a fraction, the fraction shall be rounded up to the next whole number if the fraction is seven-tenths (0.7) or more. If the result includes a fraction below seven-tenths (0.7), the developer shall have the option of rounding up to the next whole number and providing the inclusionary unit on site, or paying a fee in lieu of providing an additional inclusionary unit. The in-lieu fee shall be calculated in accordance with Section 10-2.3.905.

D. Blended Targeted Income Levels. The developer may request that the project include inclusionary units that are targeted to a mix of income levels (moderate, low and very low) instead of just to one (1) income level. The final decision regarding the mix of targeted income levels shall be made by the decision-making body pursuant to Section 10-2.3.909.

E. Partial In-Lieu Fee. The developer of a residential development project may request to pay the in-lieu fee for a portion of the required units. In this case, the per square foot fee would be decreased equal to the proportion of the required percentage of inclusionary units being provided in accordance with Section 10-2.3.905. The final decision regarding the mix of targeted income levels shall be made by the decision-making body pursuant to Section 10-2.3.909.

F. Unit Mix. The unit mix (i.e., the number of bedrooms per unit) of the inclusionary units shall be in the same proportion as the unit mix of the market rate units. For example, if a project has ten (10) two (2) bedroom units and twenty (20) one (1) bedroom units and is required to include three (3) inclusionary units, then the inclusionary units must consist of one (1) two (2) bedroom unit and two (2) one (1) bedroom units. If only one (1) inclusionary unit is required and the other units in the project have various numbers of bedrooms, the developer may select the number of bedrooms for that unit. If inclusionary units cannot mathematically be exactly proportioned in accordance with the market rate units, the unit mix shall be determined by the decision-making body pursuant to Section 10-2.3.909(C).

G. Location of Inclusionary Units. Except as provided in Section 10-2.3.906(A), all inclusionary units shall be built on the same site as the remainder of the project, and distributed throughout the project.

H. Replacement Units. If a proposed residential development project would result in the demolition or elimination of existing dwelling units that have, or had within the twelve (12) months prior to submittal of the application, rent levels affordable to low income households, and these dwelling units were built less than thirty (30) years ago, the affordable dwelling units must be replaced on a one (1) for one (1) basis affordable to low income households. If the number of required inclusionary units is less than the number of low income units being eliminated, the developer shall either (1) include a number of inclusionary units affordable to low income households in an amount equal to the number of low income units being eliminated or (2) provide the number of inclusionary units required based upon project size (or pay the in-lieu fee if permitted by this article), and then pay an in-lieu fee for the remaining replacement units (over the inclusionary unit amount) calculated in accordance with Section 10-2.3.905 for fractional in-lieu fees.

This subsection (H) does not apply to condominium conversions. (§4, Ord. 2025, eff. 3/18/04; §3-4, Ord. 2077, eff. 5/8/09; §1, Ord. 2085, eff. 2/20/10; §1, Ord. 2095, eff. 1/15/11; §4, Ord. 2178, eff. 1/5/18)

10-2.3.905 Affordable Housing In-Lieu Fees.

A. As provided in Section 10-2.3.904, a fee may be paid in lieu of providing (1) inclusionary units in an ownership project (other than condominium conversion), (2) inclusionary units in a rental project, (3) inclusionary units in a condominium conversion project of fewer than seven (7) units, and (4) fractional inclusionary units below seven-tenths (0.7) of a unit.

B. For residential development projects constructed in phases, in-lieu fees shall be paid prior to issuance of each building permit in the proportion that the phase bears to the overall residential development project.

C. Notwithstanding any other provision of this chapter, to the extent that an ownership project (other than condominium conversion) or a rental project involves the demolition of existing dwelling units at a ratio of one-half (0.5) or greater to the construction of new dwelling units, the affordable housing in-lieu fee and the requirements to provide inclusionary units shall be based upon the number of net new dwelling units to be constructed.

D. The City Council shall, from time to time, adopt a resolution setting forth the amount of the in-lieu fees.

E. Fractional in-lieu fees shall be calculated as follows:

The per square foot in-lieu fee divided by the applicable inclusionary requirement times the average square feet of a unit in the development times the fractional unit.

F. All fees shall be paid by the developer prior to issuance of a building permit for any residential structure in the development project or as determined by the residential development project's adopted conditions of approval.

G. The in-lieu fees shall not exceed the average estimated cost of otherwise providing the required inclusionary units affordable to a very low income household, a low income household or a moderate income household, as applicable, including but not limited to: (1) estimated construction costs, (2) the cost of land, (3) financing costs, (4) consultant costs (including without limitation architecture, engineering, and other costs), and (5) any indirect costs. (§4, Ord. 2025, eff. 3/18/04; §5, Ord. 2077, eff. 5/8/09; §1, Ord. 2085, eff. 2/20/10; §1, Ord. 2095, eff. 1/15/11; §4, Ord. 2178, eff. 1/5/18)

10-2.3.906 Alternatives.

The developer may propose an alternative means of compliance with this article instead of provision of inclusionary units or payment of an in-lieu fee according to the following provisions:

A. Off-Site Construction of Inclusionary Units. Inclusionary units may be constructed off site only upon a determination by the City that on-site construction is infeasible. If this option is chosen, then the off-site inclusionary units must be constructed prior to or concurrently with construction of the residential development project. The inclusionary unit size and count must meet the same requirements as if the inclusionary units were constructed on site. No certificate of occupancy will be issued for any corresponding market rate unit prior to inclusionary unit construction completion or payment of required in-lieu fees.

B. Land Dedication. In lieu of building inclusionary units, the developer may dedicate to the City land within the City that the City determines is suitable for the construction of inclusionary units and is of equivalent or greater value than is produced by applying the City's current in-lieu fee to the inclusionary obligation.

C. Provision of Moderate Income Rental Inclusionary Units. A developer of a rental development project may propose to provide inclusionary units affordable to moderate income households. Such a proposal would include a percentage of moderate income units proportionally higher than the percent required for low income rental units. The final decision regarding the inclusion of moderate income rental units shall be made by the decision-making body pursuant to Section 10-2.3.909(C). (§4, Ord. 2025, eff. 3/18/04; §1, Ord. 2095, eff. 1/15/11; §4, Ord. 2178, eff. 1/5/18)

10-2.3.907 Credit for Additional Affordable Units.

If the developer completes construction of a greater number of inclusionary units in the project than required by this article, the additional units may be credited toward meeting the requirements of this article by a future project. Upon completion of the additional inclusionary units, the Director shall issue a certificate of inclusionary unit credit documenting the credits. The developer may use the credits in a future project or transfer the credits in writing to another developer. Credits will only be counted toward required inclusionary units with the same bedroom count, the same tenure (rental or ownership), equivalent affordability targets, and in the same area of the City (i.e., within the Core Area, or outside the Core Area). The credits must be used within ten (10) years of issuance. Projects which have obtained a density bonus or which are government subsidized shall not be eligible for credits. (§4, Ord. 2025, eff. 3/18/04; §4, Ord. 2178, eff. 1/5/18)

10-2.3.908 Inclusionary Unit Standards.

A. Design. Inclusionary units must be dispersed throughout a residential development project and be comparable in construction quality and exterior design to the market rate units. The inclusionary units must have access to all on-site amenities.

B. Timing. All inclusionary units must be constructed and occupied concurrently with or prior to the construction and occupancy of market rate units or development. In phased developments, inclusionary units may be constructed and occupied in proportion to the number of units in each phase of the residential development project.

C. Terms of Affordability. Rental inclusionary units must remain affordable for fifty-five (55) years, as documented through an affordable housing agreement recorded against the property. Ownership inclusionary units must remain affordable for forty-five (45) years pursuant to an affordable housing agreement recorded against the property. (§4, Ord. 2025, eff. 3/18/04; §4, Ord. 2178, eff. 1/5/18)

10-2.3.909 Inclusionary Housing Agreement.

A. Agreements Required. Applications for residential development projects shall be approved only concurrently with the approval of an inclusionary housing agreement pursuant to this section. This section shall not apply if the developer chooses to pay a fee in lieu of providing inclusionary units pursuant to Section 10-2.3.904(A).

B. Information in Application. Applications for residential development projects shall include the following information in addition to information otherwise required under this Code:

1. The location, structure, proposed tenure (rental or ownership) and size of the proposed market rate and inclusionary units;

2. The calculations used to determine the number of required inclusionary units;

3. A floor plan or site plan depicting the location of the inclusionary units;

4. The income level targets for each inclusionary unit;

5. The mechanisms that will be used to assure that the inclusionary units remain affordable for the required term;

6. For phased developments, a phasing plan;

7. A description of any requested incentives as allowed in subsection (D) of this section;

8. A marketing plan for the process by which qualified households will be reviewed and selected to either purchase or rent affordable units; and

9. Any other information requested by the Community and Economic Development Director.

C. Approval. An inclusionary housing agreement between the developer and the City shall be required by the applicable decision-making body as a condition of approval of any tentative map, parcel map, conditional use permit, or design review subject to this article. If the foregoing approvals are not required, an inclusionary housing agreement in a form approved by the Community and Economic Development Director shall be executed prior to issuance of a building permit. The inclusionary housing agreement shall provide for the implementation of the requirements of this article. All inclusionary housing agreements must include, at minimum, the following:

1. Description of the development, including whether the inclusionary units will be rented or owner-occupied;

2. The number, size and location of the inclusionary units, or any approved alternative;

3. Inclusionary incentives by the City (if any);

4. Provisions and/or documents for resale restrictions, deeds of trust, rights of first refusal or rental restrictions that shall be recorded against the property;

5. Provisions for monitoring the ongoing affordability of the units, and the process for marketing units, and qualifying prospective residents' households for income eligibility;

6. Deed restriction acceptable to the City;

7. Administrative fee requirements.

D. Incentives.

1. In approving an inclusionary housing agreement, the decision-making body may, in its sole discretion, include one (1) or more of the following incentives to encourage the construction of inclusionary units:

a. Unit Size Reduction. The size of the inclusionary units may be smaller than the market rate units, consistent with all other provisions herein.

b. Interior Finishes. Inclusionary units may have different interior finishes and features than market rate units so long as the interior features are durable, of good quality and consistent with current State Building Code standards for new housing.

c. Density Bonus Qualifying Affordable Units. If the developer is proposing to provide affordable units in exchange for an increase in density, or concessions, incentives, or waivers/modifications of development standards pursuant to the State Density Bonus Law (Government Code Section 65915) and pursuant to Sections 10-2.3.1001 through 10-2.3.1014, those affordable units may count as inclusionary units provided they meet the requirements outlined in this chapter (Article 9). When a density bonus is granted, the inclusionary requirements of this chapter will apply to the entire project, including the bonus units. (§4, Ord. 2025, eff. 3/18/04; §1, Ord. 2095, eff. 1/15/11; §4, Ord. 2178, eff. 1/5/18)

10-2.3.910 Adjustments.

The requirements of this article may be adjusted or waived if the developer demonstrates that applying this article would take property in violation of the United States and/or California Constitutions. The developer shall submit a request for an adjustment or waiver together with the application and such additional information as may be required by the Community and Economic Development Director to make a determination. (§4, Ord. 2025, eff. 3/18/04; §1, Ord. 2095, eff. 1/15/11; §4, Ord. 2178, eff. 1/5/18)

10-2.3.911 Use of Funds.

All funds derived from this article shall be placed in a separate fund earmarked for the City's affordable housing program. (§4, Ord. 2178, eff. 1/5/18)

Article 10. Density Bonus Ordinance

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10-2.3.1001 Purpose.

The purpose of this chapter is to provide incentives for the production of housing for very low income, low income, moderate income, and senior households in accordance with Government Code sections 65915-65918 (State Density Bonus Law). In enacting this chapter, the City's intent is to facilitate the development of affordable housing and to implement the goals, policies, and actions of the housing element of the City's General Plan. (§2, Ord. 2076, eff. 4/3/09)

10-2.3.1002 Title.

This Article shall be known and cited as the "Density Bonus Ordinance of the City of Walnut Creek" or "Density Bonus Ordinance." (§2, Ord. 2076, eff. 4/3/09)

10-2.3.1003 Density Bonus Entitlement.

A. Eligibility.

1. The City shall grant a Density Bonus and one or more incentives or concessions, as specified in this section, to any Housing Development consisting of five or more Dwelling Units that will include at least one of the following:

(a) Five percent (5%) of the total Dwelling Units for Very Low Income Households; or

(b) Ten percent (10%) of the total Dwelling Units for Low Income Households; or

(c) Ten percent (10%) of the total Dwelling Units of a Common Interest Development for Moderate Income Households, provided that all Dwelling Units in the development are offered to the public for purchase.

2. The City shall grant a Density Bonus to any Housing Development consisting of five or more Dwelling Units that either:

(a) Constitutes a Senior Citizen Housing Development as defined in 10-2.3.1003(B)(1)(c); or

(b) Includes a donation of land pursuant to Government Code section 65915(h) and section 10-2.3.1006 of this Article.

B. Amount of Density Bonus.

1. The amount of Density Bonus to be granted for a Housing Development that meets the criteria of this section shall be calculated as follows:

(a) Very Low Income Households. A Housing Development that contains five percent (5%) of the total Dwelling Units for Very Low Income Households shall receive a twenty percent (20%) Density Bonus. For each one percent (1%) increase above five percent (5%) in the percentage of Dwelling Units affordable to Low Income Households, the Density Bonus shall be increased two and one-half percent (2.5%) up to thirty-five percent (35%).

Percentage Very Low Income Dwelling Units

Percentage Density Bonus

5

20

6

22.5

7

25

8

27.5

9

30

10

32.5

11

35

(b) Low Income Households. A Housing Development that contains ten percent (10%) of the total Dwelling Units for Low Income Households shall receive a twenty percent (20%) Density Bonus. For each one percent (1%) increase above ten percent (10%) in the percentage of Dwelling Units affordable to Low Income Households, the Density Bonus shall be increased one and one-half percent (1.5%) up to thirty-five percent (35%).

Percentage Low Income Dwelling Units

Percentage Density Bonus

10

20

11

21.5

12

23

13

24.5

14

26

15

27.5

16

29

17

30.5

18

32

19

33.5

20

35

(c) A Senior Citizen Housing Development shall receive a twenty percent (20%) Density Bonus. For the purposes of this section, a Senior Citizen Housing Development shall mean a single-family or multifamily residential development of at least 35 dwelling Dwelling Units where 100 percent (100%) of the Dwelling Units are reserved for Senior Citizen households where at least one resident is 55 years old and as further described in Civil Code section 51.3.

(d) Moderate Income Households. A Common Interest Development that contains ten percent (10%) of the total Dwelling Units for Moderate Income Households shall receive a five percent (5%) Density Bonus. For each one percent (1%) increase above ten percent (10%) in the percentage of Dwelling Units affordable to Moderate Income Households, the Density Bonus shall be increased one percent (1%) up to thirty-five percent (35%).

Percentage Moderate Income Dwelling Units

Percentage Density Bonus

10

5

11

6

12

7

13

8

14

9

15

10

16

11

17

12

18

13

19

14

20

15

21

16

22

17

23

18

24

19

25

20

26

21

27

22

28

23

29

24

30

25

31

26

32

27

33

28

34

29

35

30

36

31

37

32

38

33

39

34

40

35

D. Calculation of Density Bonus.

1. The amount of Density Bonus to which a Developer is entitled shall vary according to the amount by which the percentage of Restricted Units provided exceeds the applicable minimum percentage established in this section. Density Bonuses from more than one affordability category may not be combined, except that Density Bonuses for a donation of land pursuant to section 10-2.3.1006 of this Article, up to a maximum of thirty-five percent (35%), and an additional square footage Density Bonus for Child Care Facilities pursuant to section 10-2.3.1007, may be granted. A Developer may request a lesser percentage of Density Bonus.

2. Density Bonus units shall not be included when determining the number of Restricted Units required to qualify for a Density Bonus.

3. When calculating the number of Restricted Units required to qualify for a Density Bonus, any calculations resulting in fractions of units shall be rounded to the next whole number. When calculating the number of Density Bonus units to which a Housing Development may be entitled, any calculations resulting in fractions of units shall be rounded up to the next whole number.

4. If a Developer agrees to provide a Housing Development that will include at least fifty percent (50%) of the total Dwelling Units for Very Low Income Households or at least seventy-five percent (75%) of the total Dwelling Units for Low Income Households, the Developer may seek approval of a Conditional Use Permit for a Density Bonus that exceeds thirty-five percent (35%). If the City grants and the Developer accepts such additional Density Bonus, the additional Density Bonus shall be considered an additional incentive or concession as specified in section 10-2.3.1004 of this Article.

5. If a Developer agrees to construct a Housing Development that will contain less than the percentage of Restricted Units required pursuant to section 10-2.3.1003 of this Article, the Developer may seek approval of a Conditional Use Permit for a Density Bonus that is proportionally lower than the minimum density specified in section 10-2.3.1003.

6. With the exception of the additional Density Bonuses for a donation of land, as provided in section 10-2.3.1006 of this Article, or a Child Care Facility, as provided in section 10-2.3.1007, each Housing Development is entitled to only one Density Bonus.

7. Any Dwelling Unit that would otherwise qualify as a Restricted Unit that is required to be maintained as an affordable unit pursuant to the City's Inclusionary Housing Ordinance shall not be considered a Restricted Unit for purposes of determining whether the Housing Development qualifies for a Density Bonus. To qualify for a Density Bonus, all Restricted Units must be provided in addition to the inclusionary housing requirements of the City's Inclusionary Housing Ordinance.

8. Any Density Bonus or incentive or concession awarded pursuant to this Article shall generally apply only to the particular Housing Development for which the Density Bonus or incentive or concession is awarded. A Density Bonus or incentive or concession may be transferred, credited, or applied to a different Housing Development only if the City and the Developer agree pursuant to an approved Density Bonus Housing Agreement

9. The approval of a Density Bonus shall not, in and of itself, preclude a Housing Development from receiving other government subsidies for affordable housing.

10. The approval of a Density Bonus shall not be interpreted, in and of itself, to require a General Plan amendment, zoning change, or other discretionary approval. (§2, Ord. 2076, eff. 4/3/09)

10-2.3.1004 Incentives or Concessions.

A. Eligibility.

1. Upon the written request of the Developer of a Housing Development that qualifies for a Density Bonus under section 10-2.3.1003 of this Article, the City shall provide the number of incentives or concessions specified in this section, unless the City makes written findings, based on substantial evidence, of either of the following:

(a) The incentive or concession is not required in order to provide for affordable housing costs or rents for the Restricted Units.

(b) The incentive or concession would have a specific adverse impact upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to Low Income Households and Moderate Income Households.

2. Number of Incentives or Concessions. The number of incentives or concessions to be granted for a Housing Development that qualifies for a Density Bonus under section 10-2.3.1003 of this Article shall be as follows:

(a) One (1) incentive or concession for Housing Developments that include at least five percent (5%) of the total Dwelling Units for Very Low Income Households; or at least ten percent (10%) of the total Dwelling Units for Low Income Households; or at least ten percent (10%) of the total Dwelling Units in a Common Interest Development for Moderate Income Households.

(b) Two (2) incentives or concessions for Housing Developments that include at least ten percent (10%) of the total Dwelling Units for Very Low Income Households; or at least twenty percent (20%) of the total Dwelling Units for Low Income Households; or at least twenty percent (20%) of the total Dwelling Units in a Common Interest Development for Moderate Income Households.

(c) Three (3) incentives or concessions for Housing Developments that include or at least fifteen percent (15%) of the total Dwelling Units for Very Low Income Households; or at least thirty percent (30%) of the total Dwelling Units for Low Income Households; or at least thirty percent (30%) of the total Dwelling Units in a Common Interest Development for Moderate Income Households.

B. Incentives or Concessions Summary Table.

Affordability Category

One Incentive or concession

Two Incentives or concessions

Three Incentives or concessions

Very Low Income Households

5% Restricted Units

10% Restricted Units

15% Restricted Units

Low Income Households

10% Restricted Units

20% Restricted Units

30% Restricted Units

Moderate Income Households

10% Restricted Units

20% Restricted Units

30% Restricted Units

C. Types of Incentives or Concessions. An incentive or concession granted pursuant to this section may consist of any one of the following:

1. A reduction in site development standards or a modification of zoning code or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission and local building standards, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions.

2. Approval of mixed-use zoning in conjunction with the Housing Development if commercial, office, industrial, or other land uses will reduce the cost of the Housing Development and if the commercial, office, industrial, or other land uses are compatible with the Housing Development and the existing or planned development in the area where the proposed Housing Development will be located.

3. Other regulatory incentives or concessions proposed by the Developer or the City, including but not limited to expedited permit processing, that result in identifiable, financially sufficient, and actual cost reductions.

4. A Density Bonus that exceeds the amount specified in section 10-2.3.1003 of this Article.

5. Nothing in this section requires the City to provide direct financial incentives for a Housing Development, including the provision of publicly owned land by the City or the waiver of fee or dedication requirements.

6. The granting of an incentive or concession shall not be interpreted, in and of itself, to require a General Plan amendment, zoning change, or other discretionary approval. (§2, Ord. 2076, eff. 4/3/09)

10-2.3.1005 Waiver or Modification of Development Standards.

A Developer may seek a waiver or modification of development standards that will have the effect of precluding the construction of a Housing Development that qualifies for a Density Bonus at the densities or with the incentives or concessions permitted by section 10-2.3.1004 of this Article. The Developer must make such request in writing and show that the waiver or modification is necessary to make the Dwelling Units economically feasible.

Notwithstanding the foregoing, the City shall not be required to approve any request for a waiver or modification of development standards if the waiver or modification would have a specific adverse impact upon health, safety, or the physical environment for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact or if the waiver or modification would have an adverse impact on any real property that is listed in the California Register of Historical Resources. (§2, Ord. 2076, eff. 4/3/09)

10-2.3.1006 Density Bonus for Land Donation.

A. Eligibility. In addition to any Density Bonus awarded pursuant to section 10-2.3.1003 of this Article, the Developer of a Housing Development that donates land located within the incorporated City limits to the City for the construction of Dwelling Units affordable to Very Low Income Households shall be entitled to a fifteen percent (15%) Density Bonus.

B. Amount of Density Bonus. For each one percent (1%) increase above the required minimum ten percent (10%) land donation, the Density Bonus shall be increased one percent (1%), up to a maximum combined Density Bonus of thirty-five percent (35%).

Percentage Very Low Income Dwelling Units

Percentage Density Bonus

10

15

11

16

12

17

13

18

14

19

15

20

16

21

17

22

18

23

19

24

20

25

21

26

22

27

23

28

24

29

25

30

26

31

27

32

28

33

29

34

30

35

C. All Density Bonus calculations resulting in fractions of units shall be rounded up to the next whole number.

D. A donation of land that qualifies a Housing Development for an additional Density Bonus must be provided in addition to the City's parkland dedication ordinance, Inclusionary Housing Ordinance, or any other legally required land dedication.

E. No incentives or concessions may be granted for a donation of land.

F. A Developer shall be eligible for an additional Density Bonus for a donation of land only if all of the following conditions are met:

1. The Developer donates and transfers the land no later than the date of approval of the parcel map, final map, or the Housing Development application.

2. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of Dwelling Units affordable to Very Low Income Households in an amount not less than ten percent (10%) of the number of Dwelling Units of the proposed Housing Development.

3. The transferred land is at least one-acre in size or of sufficient size to permit development of at least forty Dwelling Units, unless the City approves a smaller parcel size that will permit development of fewer than forty Dwelling Units, has the appropriate General Plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the parcel map, final map, or of the Housing Development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the Very Low Income Dwelling Units on the transferred land, except that the City may subject the proposed Housing Development to subsequent design review to the extent authorized by Government Code section 65583.2(i) if the design is not reviewed by the City prior to the time of transfer.

4. The transferred land and the affordable Dwelling Units shall be subject to a deed restriction ensuring continued affordability of the units, consistent with Government Code section 65915(c)(1)-(2), which shall be recorded on the transferred land at the time of dedication.

5. The land is transferred to the City or to a housing Developer approved by the City. The City may require the Developer to identify and transfer the land to the approved Developer.

6. The transferred land shall be within the boundary of the proposed Housing Development or, if the City agrees, within one-quarter mile of the boundary of the proposed Housing Development. (§2, Ord. 2076, eff. 4/3/09)

10-2.3.1007 Density Bonus for Child Care Facilities.

A. When a Developer proposes to construct a Housing Development that qualifies for a Density Bonus under section 10-2.3.1003 of this Article and the qualifying Housing Development includes a Child Care Facility that will be located on the premises of, as part of, or immediately adjacent to, the Housing Development, the City shall grant either of the following if requested by the Developer in writing:

1. An additional Density Bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the Child Care Facility.

2. An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the Child Care Facility.

B. As a condition of approving the Housing Development, the City shall require both of the following to occur:

1. The Child Care Facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the Restricted Units are required to remain affordable.

2. Of the children who attend the Child Care Facility, the children of Very Low Income Households, Low Income Households, or Moderate Income Households shall equal a percentage that is equal to or greater than the percentage of Dwelling Units that are required for Very Low Income Households, Low Income Households, or Moderate Income Households pursuant to section 10-2.3.1003 of this Article.

C. Nothing in this section shall require the City to provide a Density Bonus or incentive or concession for a Child Care Facility if the City finds, based upon substantial evidence, that the community has adequate Child Care Facilities. (§2, Ord. 2076, eff. 4/3/09)

10-2.3.1008 Revised Parking Standards.

A. Upon the written request of the Developer of a Housing Development that qualifies for a Density Bonus under section 10-2.3.1003 of this Article, the City shall permit vehicle parking ratios, inclusive of handicapped and guest parking, in accordance with the following standards:

1. One parking space for 0-1 bedroom units.

2. Two parking spaces for 2-3 bedroom units.

3. Two and one-half parking spaces for 4 or more bedrooms.

If the total number of parking spaces required for a Housing Development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section a Housing Development may provide on-site parking through tandem parking, uncovered parking, or other parking solutions, but not through on-street parking. (§2, Ord. 2076, eff. 4/3/09)

10-2.3.1009 Affordability Requirements.

A. The owner's obligation to maintain Restricted Units as affordable housing shall be evidenced by a Density Bonus Housing Agreement, which shall be recorded as a deed restriction on any parcels on which the Restricted Units will be constructed and be binding upon all successors in interest.

All Restricted Units shall remain affordable for a minimum period of 30 years or such other term approved by the City, consistent with State Density Bonus Law. A longer period of time may be specified if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the Housing Development and/or the Restricted Unit. The required affordability time limit for each Restricted Unit shall commence upon the issuance of a certificate of occupancy for such Restricted Unit. (§2, Ord. 2076, eff. 4/3/09)

10-2.3.1010 Development Standards and Limitations.

A. Restricted Units shall be constructed concurrently with Non-Restricted Units as specified in the Density Bonus Housing Agreement, unless the City and the Developer otherwise agree pursuant to a schedule included in the Density Bonus Housing Agreement.

B. Restricted Units shall be built on site and dispersed evenly throughout the Housing Development, unless the City and the Developer otherwise agree pursuant the terms of the Density Bonus Housing Agreement. Restricted Units may only be located in one portion of the Housing Development or situated within one building of a Housing Development that contains multiple buildings if City and the Developer otherwise agree pursuant to an approved Density Bonus Housing Agreement. The number of bedrooms of the Restricted Units should be proportional to the number of bedrooms in the non-Restricted Units of the Housing Development. The exterior design and appearance of the Restricted Units shall be compatible with the design and appearance of the overall Housing Development. Restricted Units may be smaller by a maximum of thirty percent (30%) in aggregate size and have different interior finishes and features than Non-Restricted Units, so long as the interior finishes and features are durable, of good quality, and consistent with contemporary standards for new housing. Housing Developments shall comply with all applicable development standards, except those that may be modified as provided by this Article.

C. Density Bonus units may be located in geographic areas of the development site other than the areas where the Restricted Units are located, and may be located only on parcels for which the Density Bonus was granted.

D. The entry into and execution of a Density Bonus Housing Agreement shall be a condition of any application for a discretionary land use permit, including but not limited to subdivision maps, site plans, and conditional use permits, for a Housing Development proposed under this Article. The Density Bonus Housing Agreement shall be recorded at the Developer's expense as a restriction on the parcel or parcels on which the Restricted Units will be constructed and shall run with the land and be binding on all successors in interest. (§2, Ord. 2076, eff. 4/3/09)

10-2.3.1011 Density Bonus Application Procedure.

A. An application for a Density Bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to the Density Bonus Ordinance shall be submitted with the first application for approval of a Housing Development and processed concurrently with all other applications required for the Housing Development. If any requested incentive, concession, waiver, modification, or revised parking standard requires a separate land use application, including but not limited to a variance or conditional use permit, the separate land use application shall be submitted with the Housing Development application for concurrent processing. Consideration of a Density Bonus, incentive, concession, waiver, modification, or revised parking standard after submittal of the first application for approval of a Housing Development shall be at the sole discretion of the Community Development Director or his or her designee.

B. The Community Development Director or his or her designee shall prepare and maintain a list of supplemental application materials for Density Bonus, incentive, concession, waiver, modification, or revised parking standard requests under this Article, which materials shall be submitted together with and as part of the project application.

C. The application shall be submitted on a form prescribed by the City and shall include at least the following information:

1. Site plan showing total number of Dwelling Units, including the number and location of Non-Restricted Units, the number and location of Restricted Units, and the number and location of proposed Density Bonus units.

2. Level of affordability of Restricted Units and plans for ensuring affordability.

3. Description of any requested incentive, concession, waiver of modifications of development standards, or modified parking standards. For any incentive and concession except mixed-use development, the application shall include evidence that the requested incentive and concession results in identifiable, financially sufficient, and actual cost reductions. At a minimum, the application shall include an itemized accounting of projected costs and revenues of the Housing Development, both with and without the incentives or concessions. Project revenues shall include monies from the sale or rental of all Dwelling Units, including the Density Bonus units. Housing Development costs shall not include the amount that would have been generated had the Restricted Units been rented or sold at market rate. Housing Development costs may include items that are required solely as a result of the inclusion of the Density Bonus units and would not have been required without such units. For waivers or modifications of development standards, the application shall show that the waiver or modification is necessary to make the Dwelling Units economically feasible and that the development standards will have the effect of precluding the construction of a Housing Development that qualifies for a Density Bonus at the densities or with the incentives or concessions permitted by this Density Bonus Ordinance.

4. If a Density Bonus is requested for a donation of land, the application shall show the location of the land to be dedicated and provide evidence that all of the conditions included in section 10-2.3.1006 of this Article are satisfied.

5. If a Density Bonus or incentive or concession is requested for a Child Care Facility, the application shall show the location and square footage of the Child Care Facility and provide evidence that each of the findings included in section 10-2.3.1007 of this Article can be made.

D. The Community Development Director or his or her designee may direct that an independent analysis be conducted, at the Developer's expense, of the Housing Development's costs, revenues, and property value in order to determine the necessity for any requested Density Bonus, incentive, concession, waiver, modification, or revised parking standard. (§2, Ord. 2076, eff. 4/3/09)

10-2.3.1012 City Review of Density Bonus Application.

A. Upon submittal of an application for a Density Bonus, incentive, concession, waiver, modification, or revised parking standard, the Community Development Director or his or her designee shall determine if the application is complete and conforms to the provisions of this Density Bonus Ordinance. No application for a Housing Development that requests a Density Bonus, incentive, concession, waiver, modification, or revised parking standard may be deemed complete for purposes of Government Code section 65920 et seq. unless and until the City gives preliminary approval of the form and content of a Density Bonus Housing Agreement that conforms to the provisions of this Density Bonus Ordinance.

B. An application for a Density Bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to the Density Bonus Ordinance shall be considered by and acted upon by the approval body with authority to approve the Housing Development. Any decision regarding a Density Bonus, incentive, concession, waiver, modification, or revised parking standard may be appealed to the Planning Commission and from the Planning Commission to the City Council. In accordance with State Density Bonus Law, neither the granting of a Density Bonus nor the granting of an incentive or concession shall be interpreted, in and of itself, to require a General Plan amendment, zoning change, variance, or other discretionary approval. (§2, Ord. 2076, eff. 4/3/09)

10-2.3.1013 Density Bonus Housing Agreement.

A. Any Developer requesting a Density Bonus shall agree to enter into a Density Bonus Housing Agreement with the City. The Density Bonus Housing Agreement shall be made a condition of the discretionary planning permits for all Housing Developments pursuant to this Article and shall be recorded as a deed restriction on any parcels on which the Restricted Units will be constructed.

B. The Density Bonus Housing Agreement shall be recorded prior to the approval of any parcel map or final map or, where the Housing Development does not include a map, prior to issuance of a building permit for any structure in the Housing Development. The Density Bonus Housing Agreement shall run with the land and be binding upon all future owners and successors in interest.

C. The Density Bonus Housing Agreement shall include, but not be limited to, the following terms:

1. The total number of units approved for the Housing Development and the number, location, unit size, and level of affordability of Restricted Units.

2. Standards for determining affordable rent or affordable ownership cost for the Restricted Units.

3. Provisions to ensure affordability of the Restricted Units.

4. A schedule for completion and occupancy of Restricted Units in relation to construction of Non-Restricted Units.

5. A description of any incentive, concession, waiver, modification, or revised parking standard being provided by the City.

6. A description of remedies for breach of the agreement by either party. The City may identify tenants or qualified purchasers as third party beneficiaries under the agreement.

7. Procedures for qualifying tenants and prospective purchasers of Restricted Units.

8. Other provisions to ensure implementation and compliance with this Article. (§2, Ord. 2076, eff. 4/3/09)

10-2.3.1014 Public Hearing.

Public hearings shall be held pursuant to Section 10-2.4.301 for any Density Bonus, incentive, concession, waiver, modification, or revised parking standard applied for under the provisions of this Density Bonus Ordinance. Density Bonuses shall be approved by the highest approval body required to review and approve the requested application. Other reviewing bodies in advisory roles shall provide comments and recommendations to the approving body. (§2, Ord. 2076, eff. 4/3/09)

Article 11. Water Efficient Landscaping

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10-2.3.1101 Purpose.

Consistent with Title 23, Division 2, Chapter 2.7 of the California Code of Regulations and section 65595(c) of the California Government Code, the purpose of this article is to encourage water conservation through the use of water efficient landscaping methods. These regulations are deemed to be at least as effective in conserving water as, and supersede the provisions of, the model ordinance adopted by the California Department of Water Resources pursuant to section 65595(a) of the California Government Code. (§23, Ord. 2108, eff. 4/7/12; §5, Ord. 2157, eff. 10/6/16)

10-2.3.1102 Applicability.

A. Installation or Replacement of Landscaping. The provisions of this article shall apply to any project that includes the installation of more than five hundred (500) square feet new irrigated landscape area or the replacement of more than two thousand five hundred (2,500) square feet of irrigated landscape area, and that requires any of the following:

1. Building permit pursuant to Chapter 0.5 of Title 9;

2. Grading permit or site development permit pursuant to Chapter 9 of Title 9;

3. Tentative map or tentative parcel map pursuant to Chapter 1 of Title 10; or

4. Conditional use permit, special use permit, minor use permit, variance, planned development permit, hillside planned development permit, design review, or rezoning pursuant to Chapter 2 of Title 10.

Notwithstanding the foregoing, projects which are entirely irrigated with graywater or rainwater captured on site are subject only to the provisions of Section 10-2.3.1106(C).

Notwithstanding the foregoing, registered state or federal historical sites, ecological restoration projects that do not require a permanent irrigation system, mined-land reclamation projects that do not require a permanent irrigation system, or botanical gardens and arboretums open to the public are not subject to the provisions of this article.

B. Existing Landscaping. The provisions of Section 10-2.3.1110 (Existing Landscaping) shall apply to all existing irrigated landscape areas. The provisions of Section 10-2.3.1106 (Development Standards), Sections 10-2.3.1108(A) and (B) (Operation and Maintenance), and Section 10-2.3.1110 (Existing Landscaping) shall continue to apply to all existing irrigated landscape areas that were subject to the provisions of this article (pursuant to subsection (A) of this section) at the time of installation or replacement. (§23, Ord. 2108, eff. 4/7/12; §5, Ord. 2157, eff. 10/6/16)

10-2.3.1103 Landscape Plan Required.

A landscape and irrigation plan shall be included as part of the information required with the application for any of the permits listed in Section 10-2.3.1102. The landscape and irrigation plan shall be drawn to scale of an adequate size as determined by the Planning Manager or his or her designee 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, size, dimensions, and proposed use of all building and structures (including walls, fences, signs, and shade structures) that are proposed or are existing and intended to remain on the site;

D. Any nearby buildings that will cast a shadow on any irrigated landscape areas;

E. Location of all paths, walkways, decks, and other hardscapes;

F. Boundaries of all proposed irrigated landscape areas;

G. Location, size, species, and (if applicable) variety of all proposed plantings and existing plantings that are intended to remain on the site;

H. Boundaries of each hydrozone and special landscape area, labeled by hydrozone as high, moderate, low, or very low water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation;

I. Location, type of mulch and application depth;

J. Location of recreational areas;

K. Location of areas permanently and solely dedicated to edible plants;

L. Location of areas irrigated with rainwater captured on site, graywater, and/or recycled water;

M. Identify soil amendments, type, and quantity;

N. Type and surface area of all water features (fountains, ponds, etc.). (§23, Ord. 2108, eff. 4/7/12; §5, Ord. 2157, eff. 10/6/16)

10-2.3.1104 Irrigation Plan Required.

An irrigation plan shall be included as part of the information required as part of the application for any of the permits listed in Section 10-2.3.1102. Notwithstanding the foregoing, an irrigation plan is not required for areas which only require temporary irrigation solely for the plant establishment period. The irrigation plan shall be drawn to scale of an adequate size as determined by the Planning Manager or his or her designee and shall indicate clearly and with full dimensions the following data where applicable:

A. Method of irrigation for all plantings;

B. Location, type, precipitation rate, and spray coverage of all overhead spray irrigation devices. Indicate the boundaries of landscape areas using low-volume irrigation devices, and label each area with the type of irrigation devices used (bubblers, drip emitters, etc.);

C. Boundary and number/label of each irrigation valve circuit;

D. Location of all water meters, manual shut-off valves, automatic control valves, irrigation controllers, main and lateral lines, moisture and rain sensing devices, pressure regulators, and backflow prevention devices;

E. Static water pressure at the point of connection to the public water supply;

F. Flow rate (in gallons per minute), application rate (in inches per hour), and design operating pressure (in pounds per square inch) for each irrigation value circuit;

G. Rain harvesting or catchment technologies and their twenty-four (24) hour retention or infiltration capacity;

H. Location of recycled water, graywater, and/or rainwater discharge piping, system components and area(s) of distribution;

I. A written calculation of the maximum applied water allowance (MAWA), total adjusted hydrozone allowance (TA), and estimated total water use (ETWU), as specified in Section 10-2.3.1107. A completed Water Allowance Worksheet, provided by the Community Development Department, may be substituted for this calculation. (§23, Ord. 2108, eff. 4/7/12; §5, Ord. 2157, eff. 10/6/16)

10-2.3.1105 Soil Analysis Required.

A soil analysis of the planting areas shall be performed prior to the installation of any plant materials, but only after any grading has been completed. The soils analysis shall be conducted by a qualified laboratory and shall include tests appropriate for the laboratory to make recommendations for soil preparation and/or amendments. Such tests shall include soil texture, infiltration rate, pH, sodium, soluble salts, percent organic matter, and recommendations. The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape and irrigation design plans in order to accommodate making any necessary adjustments to the plans. Proof of the soils analysis and a written copy of the laboratory's recommendations shall be submitted as part of the certificate of completion required pursuant to Section 10-2.3.1109. (§23, Ord. 2108, eff. 4/7/12; §5, Ord. 2157, eff. 10/6/16)

10-2.3.1106 Development Standards.

All irrigated landscape areas shall comply with the following development standards:

A. Soil Preparation.

1. Prior to the installation of plant materials, all planting areas shall be tilled with compost at a minimum rate of four (4) cubic yards per one thousand (1,000) square feet of planting area to a depth of six (6) inches into the soil, and prepared with appropriate soil amendments as recommended by the soil analysis prepared pursuant to Section 10-2.3.1105. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from this requirement.

2. Natural soil amendments, rather than artificial chemical amendments, should be used whenever possible.

3. Prior to planting, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement.

B. Plant Materials and Ground Cover.

1. Planting areas shall be grouped by hydrozone;

2. All exposed soil surfaces of planting areas other than those planted with turf grass or with creeping or rooting groundcovers shall be covered with a minimum three (3) inch deep layer of mulch. The mulch material shall be a type that will remain in place through wind and rain;

3. Organic mulch made from recycled or post-consumer materials is preferred over inorganic materials or virgin forest product, unless the recycled post-consumer organic products are not locally available;

4. Turf grass shall not be planted on slopes greater than twenty-five percent (25%);

5. Turf grass and high water usage plants are prohibited in street medians.

C. Irrigation.

1. A landscape water meter is required for irrigated landscape areas greater than five thousand (5,000) square feet in area when associated with a residential use classification, and for irrigated landscape areas greater than one thousand (1,000) square feet in area when associated with any other use;

2. If the water pressure within the irrigation system is below or exceeds the recommended pressure of the irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each irrigation device is within the manufacturer's recommended pressure range for optimal performance;

3. A backflow prevention device shall be provided to protect the water supply from contamination by the irrigation system;

4. A flow sensor that detects high flow conditions created by system damage or malfunction is required for irrigated landscape areas greater than five thousand (5,000) square feet in area when associated with a residential use classification, and for all irrigated landscape areas associated with any other use;

5. Master shut-off valves are required on all irrigation systems;

6. All irrigation devices must meet the requirements set in the American Society of Agricultural and Biological Engineers'/International Code Council's (ASABE/ICC) 802-2014 Landscape Irrigation Sprinkler and Emitter Standard. All overhead spray irrigation devices must have a distribution uniformity low quarter of sixty-five-hundredths (0.65) or higher using the protocol defined in ASABE/ICC 802-2014;

7. Irrigation valve circuits shall be grouped by hydrozone;

8. Overhead spray irrigation devices shall not be located on the same irrigation valve circuit as low-volume irrigation devices;

9. Overhead spray irrigation devices shall not be used in planting areas less than ten (10) feet in length or width, or where the shape of the planting area does not conform to the spray pattern of the overhead spray irrigation device;

10. Overhead spray irrigation devices shall not be used for planting areas within twenty-four (24) inches of a non-permeable surface unless the non-permeable surface drains directly into the planting area being irrigated;

11. Overhead spray irrigation devices with precipitation rates in excess of seventy-five-hundredths (0.75) inches per hour shall not be used on slopes greater than twenty-five percent (25%);

12. Overhead spray irrigation devices located on the same irrigation valve circuit shall have matched precipitation rates;

13. Swing joints or riser protection devices shall be used for all overhead spray irrigation devices and above-ground rigid piping that is located within twelve (12) inches of all turf areas, sidewalks and walkways, roads and driveways, bicycle trails, playgrounds, and other areas which are subject to pedestrian, bicycle or automobile traffic;

14. Irrigation valve circuits which include overhead spray irrigation devices shall be equipped with check valves or anti-drain valves that will retain water in the lateral lines after the irrigation system has completed its watering cycle;

15. All irrigation valve circuits located on slopes greater than ten percent (10%) shall be equipped with check valves or anti-drain valves that will retain water in the lateral lines after the irrigation system has completed its watering cycle;

16. All irrigation systems shall be equipped with a manual shut-off valve at the point of connection to the domestic water supply, a backflow prevention device, an automatic irrigation controller that utilizes either evapotranspiration or soil moisture sensor data to automatically adjust watering schedules, and a rain sensor that suspends irrigation during rain;

17. All irrigation systems shall be designed to prevent water runoff where water flows beyond the irrigated landscape area.

D. Water Features.

1. Recirculating water systems shall be used for all water features;

2. Water features that incorporate fountains, sprays, or other aerial features shall include a water catchment area sufficient to capture the water emitted from said aerial features for recirculation during windy weather.

E. Graywater Systems. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable provisions of the Walnut Creek Municipal Code.

F. Stormwater Management and Rainwater Retention. The Landscape Plan shall conform to the grading design shown on the project grading and drainage plans. Landscape planting and irrigation shall comply with the design guidelines and plant recommendation as published in the applicable edition of the Contra Costa County Clean Water Program Stormwater C.3. Guidebook. (§23, Ord. 2108, eff. 4/7/12; §5, Ord. 2157, eff. 10/6/16)

10-2.3.1107 Maximum Water Use.

The estimated total water use (ETWU) of the irrigated landscape area shall not exceed the maximum applied water allowance (MAWA), as calculated using the following formulas. A written copy of the completed formulas in a form approved by the Planning Manager shall be submitted as part of the certificate of compliance required pursuant to Section 10-2.3.1109. Notwithstanding the foregoing, this section does not apply to a) portions of projects irrigated with graywater or rainwater captured on site; or b) projects which do not include any water features, do not include any overhead spray irrigation devices other than microspray devices and stream rotor heads, and do not include any planting areas containing turf grasses or high water usage plants totaling more than twenty-five percent (25%) of the irrigated landscape area associated with residential use classifications or ten percent (10%) of the irrigated landscape area associated with all other uses.

A. Maximum Applied Water Allowance (MAWA). The maximum applied water allowance shall be calculated as follows, where MAWA is the maximum applied water allowance (measured in gallons of water per year), LA is the irrigated landscape area including all special landscape areas (measured in square feet), and SLA is the special landscape area (measured in square feet):

MAWA (for residential use classifications) = 28.64 x [(0.55 x LA) + (0.45 x SLA)]

MAWA (for all other uses) = 28.64 x [(0.45 x LA) + (0.55 x SLA)]

In mixed use developments, the total MAWA for the project shall be the sum of the MAWA calculated individually for the portion of the irrigated landscape area associated with residential use classifications and the portion of the irrigated landscape area associated with all other uses.

B. Adjusted Hydrozone Allowance (AHA). The adjusted hydrozone allowance for each unique combination of hydrozone and irrigation device identified in the landscape and irrigation plans shall be calculated as follows, where AHA is the adjusted hydrozone allowance, PF is the plant factor for a particular hydrozone, HA is the hydrozone area of each particular hydrozone (measured in square feet), and IE is the irrigation efficiency of the irrigation devices used for each hydrozone. The plant factor (PF) is eight-tenths (0.8) for high water usage plants and cool-season turf grasses, six-tenths (0.6) for warm-season turf grasses, five-tenths (0.5) for moderate water usage plants, two-tenths (0.2) for low water usage plants, and five-hundredths (0.05) for very low water usage plants. The irrigation efficiency (IE) is nine-tenths (0.9) for subsurface irrigation devices, eighty-five hundredths (0.85) for drip emitters, eight-tenths (0.8) for bubblers, seventy-five hundredths (0.75) for stream rotor heads, seventy-five hundredths (0.75) for microspray devices, and seventy-one hundredths (0.71) for all other overhead spray irrigation devices.

AHA = (PF x HA) / IE

C. Estimated Total Water Use (ETWU). The estimated total water use shall be calculated as follows, where ETWU is the estimated total water use (measured in gallons of water per year), AHAT is the sum of all of the adjusted hydrozone allowances (AHA) calculated pursuant to subsection (B) of this section, SLA is the special landscape area measured in square feet, and WFA is the total surface water area of all water features measured in square feet:

ETWU = 28.64 x ((AHAT + SLA) + (WFA x 0.8))

(§23, Ord. 2108, eff. 4/7/12; §5, Ord. 2157, eff. 10/6/16)

10-2.3.1108 Operation and Maintenance.

A. Irrigation Schedule.

1. Operation of the irrigation system shall be regulated by automatic irrigation controllers;

2. All irrigation schedules shall be developed and managed to utilize the minimum amount of water required to maintain plant health;

3. Overhead spray irrigation devices shall not be used between the hours of 10:00 a.m. and 8:00 p.m.;

4. Where available, the applicant is strongly encouraged to consult with the domestic water purveyor when developing the irrigation schedule;

5. The irrigation schedule shall be submitted in writing as part of the certificate of completion required pursuant to Section 10-2.3.1109.

B. System Maintenance.

1. The irrigation system shall be maintained to ensure water use efficiency. This includes but is not limited to repair or replacement of broken or missing components, the removal of obstructions and blockages to irrigation devices, and the repair or replacement of components resulting in water runoff.

2. All irrigated landscape areas shall be regularly maintained to ensure proper operation of the irrigation system. This includes, but is not limited to, trimming plants that are obstructing irrigation devices, replenishing mulch, and periodically aerating and dethatching turf areas.

C. Landscape Irrigation Audit.

1. A landscape irrigation audit shall be conducted by an EPA WaterSense Certified Irrigation System Auditor upon completion of the landscape installation. Landscape audits shall not be conducted by the person who designed or installed the landscaping.

2. The auditor shall prepare an audit report, in a form approved by the Planning Manager, certifying that the installed landscaping, irrigation system, and irrigation schedule meets the requirements of this article.

3. The audit report shall be submitted in writing as part of the certificate of completion required pursuant to Section 10-2.3.1109. (§23, Ord. 2108, eff. 4/7/12; §5, Ord. 2157, eff. 10/6/16)

10-2.3.1109 Self-Certification.

To ensure compliance with the provisions of this article, the applicant shall provide written certification as follows:

A. Certificate of Compliance. At the time of submittal of an application for a permit or approval listed in Section 10-2.3.1102, the property owner or applicant shall provide a signed and completed certificate of compliance, in a form approved by the Planning Manager, certifying the compliance of the landscape plan and irrigation plan to the provisions of this article. A written copy of the completed maximum water use formulas required pursuant to Section 10-2.3.1107 shall be submitted with the certificate of compliance. Notwithstanding the foregoing, a written copy of the completed formulas is not required if the landscape plan does not include any turf grasses, plants with a high water usage plant factor (PF), and/or water features.

B. Certificate of Completion. Prior to any of the following actions listed below, the property owner or applicant shall provide a signed and completed certificate of completion, in a form approved by the Planning Manager, certifying the completion of a soil analysis and implementation of its recommendations, the completed installation of the landscaping and irrigation indicated on the landscape plan and the irrigation plan, the proper operation of the irrigation system, and the irrigation schedule's compliance with the provisions of this article. A written copy of the soils analysis report required pursuant to Section 10-2.3.1105 and a written copy of the irrigation schedule and audit report required pursuant to Section 10-2.3.1108 shall be submitted with the certificate of completion. A copy of the signed and completed certificate of completion shall also be provided to the water utility providing service to the property upon which the landscaping is located. The following actions listed below shall only occur upon satisfactory verification of compliance with this article and acceptance of the certificate of completion and associated documents by the Planning Manager:

1. Issuance of a certificate of occupancy for a building permit;

2. Final inspection for a grading permit, when a building permit is not otherwise required for the project;

3. Approval of improvements completed under a site development permit, when a building permit is not otherwise required for the project;

4. Establishment of the use approved by a conditional use permit, special use permit, or minor use permit, when installation of the landscaping was required as a condition of approval, and when a building permit is not otherwise required for the project;

5. Acceptance of improvements pursuant to Article 8 of the Subdivision Ordinance (Chapter 1 of Title 10), when the landscaping was required as part of the improvement plan as a condition of approval for a tentative map or tentative parcel map. (§23, Ord. 2108, eff. 4/7/12; §5, Ord. 2157, eff. 10/6/16)

10-2.3.1110 Existing Landscaping.

To prevent water waste resulting from inefficient landscape irrigation, the following provisions apply to all existing irrigated landscape areas, regardless of their size:

A. Water Waste Prevention. No property owner or tenant shall permit runoff from an irrigated landscape area due to excessive irrigation run times, low head drainage, overspray, or other similar conditions where water flows onto an adjacent property, walkways, roadways, parking lots, structures, or other non-permeable surface, unless the non-permeable surface drains directly into the planting area being irrigated.

B. No Prohibition of Low-Water Use Plants. The architectural guidelines of a homeowners' association or a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.

C. Water Use Efficiency. Property owners and tenants are strongly encouraged to utilize resources and services meant to increase water use efficiency, such as irrigation surveys and landscape water use analyses offered by the water utility providing service to the property upon which the irrigated landscape area is located. (§23, Ord. 2108, eff. 4/7/12; §5, Ord. 2157, eff. 10/6/16)

10-2.3.1111 Local Agency Responsibilities.

The City may designate by mutual agreement a water utility to implement some or all of the requirements contained in this article. The City may collaborate with water utilities to define each entity's specific responsibilities relating to this article. (§5, Ord. 2157, eff. 10/6/16)

Article 12. Alcoholic Beverage Sales

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10-2.3.1201 Title.

This article shall be known as the Alcoholic Beverage Sales Ordinance. (§49, Ord. 2109, eff. 6/15/12)

10-2.3.1202 Findings.

Restaurant, entertainment, and hospitality-related businesses are a significant part of the economy and quality of life of the City of Walnut Creek, and alcoholic beverage sales are often important to the successful operation of these businesses. However, some alcoholic beverage establishments have caused significant nuisance activities, including fights, threats, narcotics violations, driving under the influence of alcoholic beverages and other traffic violations, public urination, over service, service to minors, and damage to property. These activities jeopardize the continued success of these businesses, seriously affect the public health, safety, comfort, convenience, prosperity, and general welfare of the community, and cause the City to expend undue public resources responding to service calls relating to the operation of such establishments. Accordingly, this article requires administrative use permits or conditional use permits for newly established alcoholic beverage sales establishments, establishes nuisance-based performance standards and confers deemed approved status on all existing and new alcoholic beverage establishments, and provides an administrative hearing process to review violations of those standards in order to protect the public health, safety, and general welfare of the residents of Walnut Creek and to prevent nuisance activities where alcoholic beverage sales and consumption occur. (§49, Ord. 2109, eff. 6/15/12)

10-2.3.1203 Purpose.

The requirements of this article are intended to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare of the community by requiring that all alcoholic beverage establishments in the City of Walnut Creek comply with the performance standards specified in Section 10-2.3.1218, and to achieve the following objectives:

A. To protect residential, civic, retail, and commercial areas from the harmful effects attributable to public nuisances caused by the sale and consumption of alcoholic beverages;

B. To provide opportunities for alcoholic beverage establishments to operate in a manner consistent with community safety, a high quality of life, successful business practices, and economic growth;

C. To establish a set of consistent standards to address public nuisances associated with the sale and consumption of alcoholic beverages; and

D. To ensure that alcoholic beverage establishments are properly operated in a manner compatible with abutting properties and the surrounding environment.

The provisions of this article are intended to complement laws of the State of California related to alcoholic beverages. The City does not intend to replace or usurp any powers vested in the California Department of Alcoholic Beverage Control. (§49, Ord. 2109, eff. 6/15/12)

10-2.3.1204 Applicability of Regulations.

A. The provisions of this article shall apply, to the maximum extent permissible under law, to all alcoholic beverage establishments within the City.

B. Whenever any provision of this article or any other provision of law, whether included in the Municipal Code, or in any other law, ordinance, or regulation of any kind, imposes overlapping or contradictory regulations, or contains restrictions covering any of the same subject matter, the provision that is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in this article. (§49, Ord. 2109, eff. 6/15/12)

10-2.3.1205 Administration.

A. The Planning Manager and his or her designees shall be responsible for administering the approval, conditional approval, denial, or modification of administrative use permits under this article.

B. The Planning Commission shall be responsible for administering the approval, conditional approval, denial, modification, and revocation of conditional use permits under this article. In the case of an enforcement action, the Planning Commission shall also be responsible for administering the modification or revocation of administrative use permits under this article.

C. The Director of Community Development and his or her designees are authorized and directed to enforce all provisions of this article, pursuant to Section 10-2.4.1502. (§49, Ord. 2109, eff. 6/15/12)

10-2.3.1206 Administrative Use Permit and Conditional Use Permit.

A. Except as otherwise provided herein, no person, group, business, or other entity shall establish a new alcoholic beverage establishment, change the retail liquor license type of an existing alcoholic beverage establishment, substantially change the mode or character of operation of an existing alcoholic beverage establishment, or continue to operate an alcoholic beverage establishment whose deemed approved status has been revoked, without first obtaining or modifying, as the case may be, an administrative use permit or a conditional use permit in the manner provided by this article.

B. An administrative or conditional use permit shall not be required for a special event function, such as a neighborhood or community festival, provided that the following criteria are met:

1. The person, group, business, or organization sponsoring the event obtains all permits required by any other applicable City law or regulation in order to lawfully conduct the special event; and

2. The person, group, business, or organization sponsoring the event first obtains a temporary on-sale license from ABC for each of the dates the event will be held. (§49, Ord. 2109, eff. 6/15/12)

10-2.3.1207 Application for Administrative and Conditional Use Permit—Form and Content.

A. An application for an administrative use permit or conditional use permit required by this article shall be in the form prescribed by the Planning Manager and shall be accompanied by an application processing fee pursuant to Section 10-2.4.202. Two (2) copies of the completed application shall be filed, one of which the Planning Division shall route to the Police Chief or his or her designee for a determination, pursuant to Business and Professions Code Section 23958.4 and Resolution No. 95-28, whether the public convenience or necessity would be served by the issuance of a liquor license.

B. The application shall contain all of the information required by Article 2 of Part IV and shall also include all of the following additional information:

1. The name, address, and telephone number of the applicant. If the applicant is a corporation, the applicant shall set forth the name of the corporation exactly as shown in its articles of incorporation.

2. The true and complete name and address of each lender or share holder with a five percent (5%) or more financial interest in the proposed business or any other person to whom a share or percentage of the income of the establishment is to be paid.

3. The name, address, and telephone number of the person who shall manage and operate the alcoholic beverage establishment for which the administrative or conditional use permit is requested.

4. The name, address, and telephone number of the person authorized to accept service of legal notices.

5. The proposed business name of the alcoholic beverage establishment and a business plan describing all operational aspects of the proposed business, including if there is to be live entertainment or dancing.

6. Street address of the proposed alcoholic beverage establishment and the assessor parcel number for the property.

7. A plot plan for the property depicting the location of the building in which the alcoholic beverage establishment is proposed to be located and all existing and proposed parking, exterior lighting, signage, and landscaping, trash enclosures, waiting, or queuing areas.

8. A floor plan of the establishment showing all seating and dining areas, bar areas, location of fixed and movable tables and chairs, waiting areas, dancing areas, live entertainment areas, restrooms, occupancy building type and any other information necessary to establish the mode and character of operation.

9. The name and address of all existing schools, churches, hospitals, parks, playgrounds, or other alcoholic beverage establishments within six hundred (600) feet of the proposed premises.

10. The type of ABC license the applicant is seeking. (§49, Ord. 2109, eff. 6/15/12)

10-2.3.1208 Action on Application for an Administrative Use Permit.

The Planning Manager and his or her designees shall consider each application for an administrative use permit required by this article and shall approve or conditionally approve the permit upon confirming that the alcoholic beverage establishment will conform to the compliance checklist conditions of approval provided in Section 10-2.3.1209. All decisions on an administrative use permit shall be rendered within thirty (30) days of the date the application is deemed complete.

An alcoholic beverage establishment shall be eligible to obtain a modification of its hours of sales, service, and consumption pursuant to the streamlined processing provided in this section, notwithstanding the prior approval of a conditional use permit by the Planning Commission. (§49, Ord. 2109, eff. 6/15/12)

10-2.3.1209 Administrative Use Permit Compliance Checklist Conditions of Approval.

The Planning Manager shall develop and maintain a compliance checklist that contains a standard set of conditions of approval to ensure that each alcoholic beverage establishment approved pursuant to an administrative use permit conforms to the findings and purpose of this article and the following goals:

A. The sales, service, and consumption of alcoholic beverages will end at or before 11:00 p.m.;

B. The proposed use will not cause adverse noise, litter, crowd control, or parking impacts;

C. The proposed use will not create objectionable conditions that constitute a nuisance, as defined in California Business and Professions Code Section 24200(f)(2); and

D. The proposed use will otherwise be compatible with existing and potential uses within the general area. (§49, Ord. 2109, eff. 6/15/12)

10-2.3.1210 Action on Application for a Conditional Use Permit.

The Planning Commission shall consider each application for a conditional use permit required by this article within the time and in the manner provided for by Article 2 of Part IV of the Zoning Ordinance, and shall approve or conditionally approve the permit upon making the findings required by Section 10-2.4.605 and each of the following findings:

A. The proposed use will not cause adverse noise, litter, crowd control, or parking impacts;

B. The proposed use will not create objectionable conditions that constitute a nuisance, as defined in California Business and Professions Code Section 24200(f)(2);

C. The proposed use will otherwise be compatible with existing and potential uses within the general area; and

D. The proposed use is not located in a high-crime area, as provided in California Business and Professions Code Section 23958.4(a)(1), or where a disproportionate number of police service calls occur. (§49, Ord. 2109, eff. 6/15/12)

10-2.3.1211 Conditional Use Permit Conditions of Approval.

When considering an application for a conditional use permit for an alcoholic beverage establishment, the Planning Commission shall consider whether the current conditions in the zoning district are requiring the diversion of police resources to the detriment of residential areas of the City, or whether the permitting of additional premises selling alcoholic beverages will cause such diversion. The Planning Commission may, in approving, conditionally approving, or modifying the conditional use permit of an alcoholic beverage establishment, impose conditions that it deems reasonably necessary or desirable to ensure that the use authorized by the conditional use permit will be established, operated, and maintained in accordance with the findings required by Section 10-2.3.1210, the Zoning Ordinance, the Municipal Code, and other applicable provisions of law. Such conditions may address any factors relating to the establishment, operation, or maintenance of the proposed use, including, but not limited to, the following:

A. Hours and days of operation.

B. Location of queuing for patrons waiting to enter the facility. (There should be an identified area for queuing that is not located within the public right-of-way, nor that blocks required parking or driveways.)

C. Adequacy of restroom facilities for patrons inside the facility as well as accommodations for queuing patrons waiting to enter the facility.

D. Adequate drop off areas, if valet parking is to be provided.

E. Provision of security personnel that can be readily identified by the public and the police. Security personnel, if required, should be responsible for monitoring activities in the parking lots and should act as doorpersons to facilitate crowd control both inside and outside the facility.

F. Security provisions to assure safety of customers, clients, or employees on the site, as well as users of adjacent sites, including, but not limited to, lighting, alarm systems, security personnel, and the appropriate type and placement of landscape materials.

G. Installation of sound attenuation material, if necessary, to mitigate noise impacts.

H. Provision of maintenance personnel to police the residential area for litter.

I. If outdoor areas, including decking, balconies and porches are to be utilized as public assembly area, the Planning Commission may consider the square footage of the outdoor area in determining required parking.

J. Preventative design to reduce alcohol-related problems, including, but not limited to, openness for surveillance, reduction of opportunities of congregation and obstructing public ways, illumination of exterior areas, and limiting furnishings and features that encourage loitering.

K. A business plan that accurately describes the nature and operation of the proposed establishment.

L. A requirement that the ownership or management of an alcoholic beverage establishment take reasonable steps to assure the orderly conduct of its employees, patrons, and visitors and to timely respond and work cooperatively with the Community Development Department and Police Department about problems related to the operation or management of the establishment.

M. For alcoholic beverage establishments that sell alcoholic beverages past the hour of 11:00 p.m., periodic provision of records, audited by a certified public accountant, to demonstrate compliance with the City- or ABC-required ratio of food to alcohol sales, whichever is stricter. (§49, Ord. 2109, eff. 6/15/12)

10-2.3.1212 Appeals.

A. A decision by the Planning Manager and his or her designees regarding an administrative use permit for an alcoholic beverage establishment may be appealed to the Planning Commission as provided by Article 5 of Part IV of the Zoning Ordinance.

B. A decision by the Planning Commission regarding an administrative use permit or conditional use permit for an alcoholic beverage establishment may be appealed to the City Council as provided by Article 5 of Part IV of the Zoning Ordinance. (§49, Ord. 2109, eff. 6/15/12)

10-2.3.1213 Expiration.

An administrative use permit or conditional use permit shall expire by operation of law without any further action by the Planning Manager or the Planning Commission, or by the appropriate decision-making body if on appeal, if the use authorized by such administrative or conditional use permit is not commenced on or before the time limit specified in the conditions of approval of such permit or, if no time is specified, on or before one (1) year after the date such permit was approved. Notice of permit expiration need not be provided by the City. Notwithstanding the foregoing, the Planning Manager and his or her designees may grant no more than one (1) administrative extension of such time limit if the approved business plan has not substantially changed and if there has been no substantial change in the circumstances of the surrounding vicinity, in the reasonable determination of the Planning Manager and his or her designees. (§49, Ord. 2109, eff. 6/15/12)

10-2.3.1214 Failure to Comply with Conditions.

A permit exercised in violation of this article or a condition of approval may be modified or revoked as provided in Section 10-2.4.412. Failure to comply with any term or condition of an approved administrative use permit or conditional use permit is a violation of the Zoning Ordinance subject to the enforcement provisions prescribed by Part IV, Article 15 of this chapter and any and all other penalties and remedies provided by law. An administrative use permit may be modified or revoked as provided by Part IV, Article 4 of this chapter. A conditional use permit may be modified or revoked as provided by Part IV, Article 6 of this chapter. (§49, Ord. 2109, eff. 6/15/12; §28, Ord. 2134, eff. 11/20/14)

10-2.3.1215 Existing Uses Deemed Approved.

All alcoholic beverage establishments lawfully operating pursuant to a valid ABC license that authorizes the retail sale of alcoholic beverages for on-site consumption shall automatically be deemed approved. An alcoholic beverage establishment with such deemed approved status may continue to lawfully operate pursuant to an administrative use permit or conditional use permit or, in the case of any legal nonconforming establishment, without an administrative or conditional use permit, provided it does not change its type of retail liquor license or "substantially change its mode or character of operation," as provided in Section 10-2.3.1217, and so long as it is operated and maintained in compliance with the "deemed approved performance standards" provided in Section 10-2.3.1218. (§49, Ord. 2109, eff. 6/15/12)

10-2.3.1216 Notification to Owners.

Within thirty (30) days following the effective date of the ordinance codified in this article, the Planning Manager or his or her designee shall:

A. Notify the owner of each alcoholic beverage establishment with deemed approved status, or the property owner if not the same, within the City of the establishment's deemed approved status authorizing the establishment to lawfully continue its operation in the manner required by this article; and

B. Provide the owner of the alcoholic beverage establishment with deemed approved status with a copy of this article and call the owner's attention to the requirement that the establishment be operated in accordance with the deemed approved performance standards set forth in Section 10-2.3.1218. (§49, Ord. 2109, eff. 6/15/12)

10-2.3.1217 Change in Liquor License; Substantial Change in Mode or Character of Operation.

The continued operation of an alcoholic beverage establishment with deemed approved status shall require approval of an administrative use permit or conditional use permit, or modification of an existing administrative or conditional use permit, as the case may be, in the manner provided by this article, upon the occurrence of any of the following:

A. The establishment changes its type of retail liquor license with the Department of Alcoholic Beverage Control.

B. There is a substantial change in the mode or character of operation. As used herein, the phrase "substantial change in mode or character of operation" shall include, but not be limited to, any of the following:

1. The alcoholic beverage establishment substantially increases the floor area or expands the customer service area primarily devoted to the sale, service, or consumption of alcoholic beverages;

2. The alcoholic beverage establishment extends the hours of sales, service, or consumption by thirty (30) minutes or more;

3. The alcoholic beverage establishment proposes to reinstate alcoholic beverage sales after the ABC license has been either revoked or suspended by ABC for a period greater than thirty (30) days; or

4. The alcoholic beverage establishment proposes to reinstate alcoholic beverage sales after a cessation of use for a period of one hundred eighty (180) days or more.

A substantial change in the mode or character of operation shall not include:

A. Re-establishment, restoration, or repair of an existing alcoholic beverage establishment on the same premises after the premises have been rendered totally or partially inaccessible by a riot, insurrection, toxic accident, or act of God, provided that the re-establishment, restoration, or repair does not substantially increase the sales or service of alcoholic beverages, extend the hours of operation, or add to the floor area or customer service area primarily devoted to the sale, service, or consumption of alcoholic beverages.

B. Temporary closure for not more than one hundred eighty (180) days in cases of vacation or illness or for purposes of repair, renovation, or remodeling if that repair, renovation, or remodeling does not substantially change the nature or operation of the premises or add to the floor area or customer service area primarily devoted to the sale, service, or consumption of alcoholic beverages. (§49, Ord. 2109, eff. 6/15/12)

10-2.3.1218 Deemed Approved Performance Standards.

The provisions of this section shall be known as the "deemed approved performance standards." The purpose of these standards is to protect the public health, safety, and general welfare by controlling dangerous or objectionable environmental effects of alcoholic beverage sales activities. These standards shall apply, from and after the effective date of this ordinance, to all alcoholic beverage establishments that hold deemed approved status.

An alcoholic beverage establishment shall retain its deemed approved status only if it conforms to all of the following deemed approved performance standards:

A. It does not result in adverse effects to the health, peace or safety of persons residing or working in the surrounding area;

B. It does not result in jeopardizing or endangering the public health or safety of persons residing or working in the surrounding area;

C. It does not result in repeated nuisance activities within the premises or in close proximity to the premises, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests;

D. It does not result in violations of any applicable provision of any other City, state, or federal regulation, ordinance, or statute; and

E. Its upkeep and operating characteristics are compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood. (§49, Ord. 2109, eff. 6/15/12)

10-2.3.1219 Violations and Penalties.

A. It shall be unlawful and constitute a public nuisance for any person to operate an alcoholic beverage establishment in violation of any provision of this article.

B. A person who violates, causes, or permits another person or entity to violate any provision of this article shall be subject to the enforcement provisions of Article 15 of Part IV of the Zoning Ordinance and Chapter 6 of Title 1.

C. Notwithstanding any provision of the Municipal Code to the contrary, the Planning Commission may, in accordance with the procedure provided in Section 10-2.3.1220, require the modification or revocation of any administrative use permit or conditional use permit and/or the modification or revocation of the deemed approved status of any alcoholic beverage establishment, if the Planning Commission finds that the use as operated or maintained constitutes a nuisance. Such a determination shall be made if the Planning Commission determines that an alcoholic beverage establishment is operating in violation of the deemed approved performance standards. (§49, Ord. 2109, eff. 6/15/12)

10-2.3.1220 Procedure for Consideration of Violations of Performance Standards.

A. When the Community Development Director or his or her designee determines that an alcoholic beverage establishment is operating in violation of the deemed approved performance standards, the City may issue a notice of violation to the owner of the establishment and to the property owner. The notice of violation shall be sent by certified U.S. mail. Failure of either party to receive the notice provided pursuant to this subdivision shall not affect the validity of any proceeding that may occur hereunder.

B. A notice of violation shall describe the nature of the violation, the corrective action to be taken, and the time within which the corrective action must be taken. A notice of violation shall also either:

1. Include a warning that failure to correct the violation within the required time may result in the modification or revocation of the administrative use permit or conditional use permit and/or the modification or revocation of the deemed approved status of any alcoholic beverage establishment, and the enforcement penalties provided in Article 15 of Part IV of the Zoning Ordinance; or

2. Provide notice that a public hearing before the Planning Commission will be scheduled, pursuant to Article 3 of Part IV of the Zoning Ordinance, at which the Planning Commission shall determine whether the establishment as operated or maintained constitutes a nuisance and/or whether the establishment is in violation of any other applicable requirements.

C. After such notice and public hearing, the Planning Commission may, pursuant to Articles 4 and 6 of Part IV of the Zoning Ordinance, modify or revoke the administrative use permit or conditional use permit and/or modify or revoke the deemed approved status of the establishment. Any such action shall be supported by written findings that the establishment as operated or maintained constitutes a nuisance. As part of any modification, the Planning Commission may impose such conditions as the Planning Commission deems appropriate, including those necessary to obtain compliance with the deemed approved performance standards, to obtain compliance with other applicable laws, and to protect the public health, safety, and general welfare.

D. In deciding whether an alcoholic beverage establishment has violated the deemed approved performance standards, and/or in determining the appropriateness of modifying or revoking an administrative use permit or conditional use permit and/or deemed approved status, the Planning Commission may consider all of the evidence in the record, including the following:

1. The length of time the establishment has been in violation of the deemed approved performance standards;

2. The nature and impact of the violation of the performance standards on the community; and

3. Reasonable steps the ABC-licensee has taken, pursuant to California Business and Professions Code Section 24200, to remedy the violation.

E. "Reasonable steps" to remedy a violation shall include, but are not limited to calling the police department in a timely manner, requesting that those persons engaging in activities causing violations of the deemed approved performance standards to cease such activities, unless the licensee or his or her employees or agents feel that their personal safety would be threatened in making that request, and making improvements to the establishment's property or operations. Alcoholic beverage establishments are encouraged to contact the police department to handle such violations. Accordingly, in order to avoid discouraging such calls, a violation of the deemed approved performance standards may not be based solely upon the number of police calls for service that an alcoholic beverage establishment generates.

F. The issuance of a notice of violation shall not be a condition precedent to the City's exercise of the enforcement provisions of Article 15 of Part IV of the Zoning Ordinance and Chapter 6 of Title 1.

G. This section is not intended to restrict the powers and duties that may otherwise apply to alcoholic beverage establishments and those persons or entities authorized to require conformance with applicable law. (§49, Ord. 2109, eff. 6/15/12)

10-2.3.1221 Training Requirements.

A. All owners, managers, and employees serving, selling, or supervising the sale or service of alcoholic beverages in alcoholic beverage establishments shall undergo and successfully complete a certified training program in responsible methods and skills for selling and serving alcoholic beverages. Such training shall be required for all new alcoholic beverage establishments and for any existing alcoholic beverage establishment upon a finding by the Planning Commission, or the City Council on appeal, that the establishment is operated or maintained under conditions that constitute a public nuisance.

B. To meet the requirements of this section, a certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service (CCC/RBS) or other certifying/licensing body designated by the State of California. (§49, Ord. 2109, eff. 6/15/12)

10-2.3.1222 Transfer or Revocation of ABC Licenses.

A. Upon notice of an application for transfer of any ABC license of an alcoholic beverage establishment, the Police Chief or Community Development Director is authorized, under Business and Professions Code Section 23800(e) and Resolution No. 00-70, to protest the proposed transfer or to request that ABC impose conditions to mitigate problems either on the premises or in the immediate vicinity of the premises.

B. If an ABC license of an alcoholic beverage establishment is to be transferred to new premises, the establishment must apply for an administrative use permit or a conditional use permit in accordance with the requirements of Section 10-2.3.1206.

C. If a license of an alcoholic beverage establishment is revoked by ABC, after the revocation becomes a final order, the establishment must immediately cease alcoholic beverage sales and service and may not resume such activities unless the establishment applies for and obtains an administrative use permit or conditional use permit in accordance with the requirements of Section 10-2.3.1206. (§49, Ord. 2109, eff. 6/15/12)

10-2.3.1223 Illegal Activity.

An alcoholic beverage establishment that has (1) changed its type of retail liquor license with ABC, (2) substantially changed its mode or character of operation, or (3) been determined to be in noncompliance with the deemed approved performance standards and had its deemed approved status revoked shall no longer be considered a legal use of the premises and shall cease operation immediately. Any continued operation of the establishment shall require an administrative use permit or a conditional use permit pursuant to Section 10-2.3.1206. (§49, Ord. 2109, eff. 6/15/12)

10-2.3.1224 Remedies Cumulative.

All remedies and penalties prescribed by this article, or that are available under any other provision of law or equity, are cumulative and not exclusive. The use of one (1) or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this article. (§49, Ord. 2109, eff. 6/15/12)

10-2.3.1225 Severability.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this article is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, that subsection, subdivision, sentence, clause, phrase, or portion thereof shall be deleted as though it never existed and the remainder of the article shall continue in full force and effect. The City Council hereby declares that it would have adopted this article and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one (1) or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. (§49, Ord. 2109, eff. 6/15/12)

Article 13. Reasonable Accommodation for Residential Uses

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10-2.3.1301 Purpose.

It is the City's policy to provide individuals with disabilities reasonable accommodation in regulations, policies, practices and procedures to ensure equal access to housing and to facilitate the development of housing for individuals with disabilities. This article provides for reasonable accommodations in land use or zoning regulations, and in the application of land use, zoning, or building policies, procedures and practices to eliminate barriers to housing opportunities.

This article and related regulations implement the requirements of Federal and State fair housing laws, including the Federal Fair Housing Act (42 U.S.C. Section 3601 et seq.), the California Fair Employment and Housing Act (Government Code Section 12900 et seq.), and the California Disabled Persons Act (Civil Code Section 54 et seq.). (§4, Ord. 2131, eff. 7/18/14)

10-2.3.1302 Applicability.

A request for reasonable accommodation can be made by any individual with a disability, his or her representative, or a developer or provider of housing for an individual with a disability, when the application of a land use or zoning regulation, or land use, zoning, or building policy, practice or procedure acts as a barrier to fair housing. Any land use or zoning regulation or requirement contained in this chapter pertaining to residential use classifications, as defined by Section 10-2.1.403, may be waived or modified upon the granting of an application for reasonable accommodation pursuant to Part IV, Article 16 of this chapter. (§4, Ord. 2131, eff. 7/18/14)

Article 14. Personal and Commercial Cannabis Activities

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10-2.3.1401 Title. Revised 9/18

This article shall be known as the Personal and Commercial Cannabis Activities Ordinance. (§3, Ord. 2183, eff. 9/8/18)

10-2.3.1402 Findings. Revised 9/18

The California Compassionate Use Act of 1996 authorizes the use of marijuana for personal medical purposes by patients pursuant to physicians' recommendations and exempts certain acts by those patients and their primary caregivers related to that personal medical use. The Medical Marijuana and Regulation and Safety Act (MMRSA later renamed MCRSA), effective January 1, 2016, established a comprehensive State licensing and regulatory framework for the cultivation, manufacturing, testing, distribution, transportation, dispensing, and delivery of medical cannabis and recognized the authority of local jurisdictions to prohibit or impose additional restrictions on any such medical cannabis activities. The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) enacted by voter approval of Proposition 64 at the November 8, 2016, Statewide election, authorized persons twenty-one (21) years of age or older to possess and use up to twenty-eight and one-half (28.5) grams of marijuana and up to eight (8) grams of concentrated cannabis, and to cultivate and possess up to six (6) living marijuana plants and the marijuana produced by those plants for personal use and created a State licensing structure for commercial adult-use marijuana operations. On June 27, 2017, the State approved the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), which aimed to reconcile the existing medical marijuana statutory framework under MCRSA and the adult-use statutory framework adopted under the AUMA and created a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of cannabis, including cannabis products, and to tax the commercial growth and retail sale of cannabis.

Many individuals in the City of Walnut Creek rely on medical cannabis to manage illnesses. This article aims to provide access to this product for medical purposes, while imposing strict requirements on commercial cannabis operations in order to protect the health, safety, and general welfare of the community from the potential negative consequences associated with such operations. Accordingly, this article permits a limited number of non-storefront delivery-only medical cannabis operations and imposes strict safety and operational requirements on such operations, including requiring these businesses to obtain operator permits and conditional use permits. Further, this article imposes specific restrictions on the personal cultivation of cannabis allowed under State law in order to minimize potential safety, security, land use and nuisance issues associated with such activity. This article also prohibits all other forms of commercial cannabis operations related to medical or recreational cannabis. (§3, Ord. 2183, eff. 9/8/18)

10-2.3.1403 Purpose. Revised 9/18

This article specifies location and operating standards for personal cannabis cultivation and specific types of commercial cannabis businesses to ensure neighborhood compatibility, minimize potential environmental impacts, provide safe access to cannabis for medical use and provide opportunities for economic development. (§3, Ord. 2183, eff. 9/8/18)

10-2.3.1404 Definitions. Revised 9/18

The definitions contained in Section 10-2.1.303 shall apply to the provisions of this article. Notwithstanding the foregoing, the following definitions shall apply only to this article:

Cannabis. All parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin as defined in California Business and Professions Code Section 19300.5(f). "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972, as amended from time to time.

Cannabis Delivery. The commercial transfer of cannabis or cannabis products to a customer pursuant to MAUCRSA or to a primary caregiver or qualified patient as defined in Section 11362.7 of the Health and Safety Code.

Cannabis Special Event. A temporary gathering for the sale and/or on-site consumption of cannabis, cannabis products, and/or cannabis paraphernalia. Such events may include conferences, trade shows, or meetings where such sale and/or on-site consumption is intended to take place.

Edible Cannabis Product. A cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code.

Indoor Personal Cultivation. The personal cultivation of up to six (6) cannabis plants that takes place completely within the interior of a private residence in accordance with the requirements of State and local law.

Marijuana. See "Cannabis."

Medicinal and Adult-Use Cannabis Regulation and Safety Act or MAUCRSA. The State of California statute governing the licensing and personal use of medical and adult-use cannabis and cannabis products.

Medical Cannabis or Medical Cannabis Product. Cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Health and Safety Code Section 11362.5, by a medical cannabis patient in California who possesses a physician's recommendation.

Medical Marijuana. See "Medical Cannabis."

Open-Air Outdoor Cultivation. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis outdoors outside of an enclosed structure. This definition does not include cultivation of cannabis within a structure, including but not limited to a shed, hoop house, greenhouse or other accessory structure.

Operator. A natural person, persons, or entity responsible for the direction, control, management, and/or operation of any State-licensed and locally permitted non-storefront delivery-only operation.

Operator Permit. A permit issued by the City pursuant to Section 10-2.3.1401 et seq. granting a non-storefront delivery-only operation authorization to conduct business within the City.

Outdoor Personal Cultivation. The personal cultivation of up to six (6) cannabis plants that takes place outside the interior of a private residence. This definition includes open-air outdoor cultivation and personal cultivation that occurs within secure accessory structures on the grounds of private residences.

Owner. Each person or entity having an ownership interest in or a financial interest in a commercial cannabis business.

Personal Cannabis Cultivation or Personal Cultivation. Any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or processing of cannabis for personal medical or nonmedical adult recreational use.

Private Residence. A house, an apartment unit, a mobile home, or other similar dwelling.

Youth Center. Any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities. (§3, Ord. 2183, eff. 9/8/18)

10-2.3.1405 Applicability of Regulations. Revised 9/18

A. The provisions of this article shall apply, to the maximum extent permissible under law, to all commercial cannabis businesses permitted within the City.

B. Whenever any provision of this article or any other provision of State law, whether included in the Municipal Code or in any other State law, ordinance, or regulation of any kind, imposes overlapping or contradictory regulations, or contains restrictions covering any of the same subject matter, the provision that is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in this article. (§3, Ord. 2183, eff. 9/8/18)

10-2.3.1406 Administration. Revised 9/18

A. Operator Permit Administration. The Director of Community and Economic Development, or his or her designees, shall be responsible for administering the approval, conditional approval, denial, modification, and revocation of operator permits under this article.

B. Conditional Use Permit Administration. The Planning Commission shall be responsible for administering the approval, conditional approval, denial, modification, and revocation of conditional use permits under this article.

C. Enforcement of Article. The Director of Community and Economic Development, or his or her designees, are authorized and directed to enforce all provisions of this article, pursuant to Section 10-2.4.1502. (§3, Ord. 2183, eff. 9/8/18)

10-2.3.1407 Prohibited Activities. Revised 9/18

To the fullest extent permitted by law, the following commercial cannabis businesses and uses are prohibited in every zoning district in the City: commercial cannabis cultivation, commercial cannabis distribution, commercial cannabis manufacturing, commercial cannabis retail dispensaries, non-storefront recreational cannabis delivery-only operations, cannabis special events, and commercial cannabis testing laboratories. Notwithstanding the foregoing, commercial cannabis distributors may legally distribute medical cannabis and medical cannabis products to properly permitted and licensed delivery-only operations located in the City. (§3, Ord. 2183, eff. 9/8/18)

10-2.3.1408 Personal Cannabis Cultivation Permitted. Revised 9/18

A. Regulations Applicable to All Personal Cultivation. Individuals may only cultivate cannabis for personal use within the City if done in accordance with the regulations prescribed in this section:

1. No more than six (6) living plants may be planted, cultivated, harvested, dried, or processed at a private residence, whether indoors, outdoors, or combination thereof, at any one time.

2. If a person intending to cultivate cannabis at his or her residence pursuant to this section is not the owner of the property, then such person shall obtain written and signed consent of the property owner prior to engaging in such cultivation.

3. Odors associated with cultivation shall not be detectable on or at neighboring properties or units. If the City receives complaints of odors, the City may cause the inspection and abatement of the nuisance pursuant to Section 10-2.3.1420, or any other remedy available at law.

4. Generators or gas products used to power electrical or lighting fixtures for indoor or outdoor cultivation shall be prohibited in order to decrease the risk of explosion.

5. Any cannabis products resulting from personal cultivation must be kept in a fully enclosed, secure space inside the residence or outdoor accessory structure. No cannabis products shall be visible by normal unaided vision from any public place.

6. Use of volatile solvents for indoor or outdoor personal cultivation shall be prohibited, including, but not limited to: (a) explosive gases, such as butane, propane, xylene, styrene, gasoline, kerosene, or hydrogen; and (b) dangerous poisons, toxins, or carcinogens, such as methanol, isopropyl alcohol, methylene chloride, acetone, benzene, toluene, and trichloroethylene.

B. Indoor Personal Cultivation.

1. Permitted. Indoor personal cultivation of up to six (6) cannabis plants is permitted in accordance with the provisions of this section and State law. No more than six (6) cannabis plants may be possessed, planted, cultivated, harvested, dried, or processed within a private residence at any one time.

2. Restrictions.

a. The portion of the private residence where indoor cultivation of cannabis takes place shall be secure and locked to prevent access by children or other unauthorized entry.

b. All indoor personal grows must not result in noise, vibration, light, odor, dust, smoke, particulate or other air pollution outside of the interior of a private residence, including beyond any shared walls between connected private residences.

c. All cannabis plants and cannabis by-products may not be visible from outside the residence.

d. All indoor cultivation must comply with all applicable Building Code and health and safety regulations, including such regulations pertaining to residential ventilation, mold growth, electrical wiring, and energy usage.

C. Outdoor Personal Cultivation.

1. Permitted.

a. Open Air. Open-air outdoor personal cultivation of up to six (6) cannabis plants is permitted in the rear yards on the grounds of residences designated Dwelling, Single Family, Detached and Dwelling, Single Family, Attached in accordance with the provisions of this section and State law.

b. Secure Accessory Structures. Outdoor personal cultivation of up to six (6) plants per dwelling unit is permitted on the grounds of all private residences in secure accessory structures in accordance with the provisions of this section and State law.

2. Restrictions.

a. Open-Air Outdoor Cannabis Cultivation Restrictions.

i. Open-air outdoor cultivation may only be conducted in rear yards exclusive of required setbacks. Open-air cultivation is prohibited in all front, side, and corner side yards.

ii. Open-air outdoor cultivation is prohibited at all residences designated Dwelling, Multiple Family.

iii. Open-air outdoor cultivation must be obscured by a solid, visually impenetrable fence or wall.

iv. Open-air outdoor cultivation must take place in a secure, locked space to prevent access by children or other unauthorized entry.

v. All cannabis plants produced during open-air outdoor cultivation shall not be visible by normal unaided vision from any public place.

b. Outdoor Cultivation in Accessory Structures.

i. All accessory structures used for personal cannabis cultivation must be legally constructed pursuant to applicable building permits and shall adhere to the development standards of the underlying zoning district and as outlined in Section 10-2.3.103 (Accessory Structures).

ii. All accessory structures used for personal cannabis cultivation must obscure all cannabis, cannabis by-products, and equipment for cannabis cultivation within the structure. No visible markers or evidence indicating that cannabis is being cultivated on the site shall be visible by normal unaided vision from any public place.

iii. All accessory structures used for personal cannabis cultivation must be secured and locked to prevent access by children or other unauthorized entry. (§3, Ord. 2183, eff. 9/8/18)

10-2.3.1409 Medical Cannabis Delivery Operations Permitted. Revised 9/18

A. Medical Cannabis Delivery Operations Based Outside the City Permitted.

1. Permitted. Medical cannabis delivery operations based outside of the City may deliver medical cannabis and medical cannabis products to qualified patients and their caregivers within the City.

2. Delivery Restrictions. All deliveries must be to a fixed residential address.

3. Operational Requirements.

a. Visibility. No visual display, signage, or condition on the exterior of delivery vehicles shall indicate the types of products being transported in the delivery vehicles.

b. Hours of Operation. Deliveries may only be conducted between the hours of 6:00 a.m. and 10:00 p.m.

c. Compliance with Law. All deliveries must be conducted in accordance with all local and State laws.

d. In-Transit Requirements.

i. Only owners, operators, or employees of commercial cannabis businesses engaged in delivery-only operations may be present in vehicles during deliveries within the City.

ii. Delivery vehicles may only travel between the fixed locations of delivery-only operations and the residential addresses specified by customers for delivery while transporting cannabis and/or cannabis products in the City.

iii. All delivery drivers shall carry valid identification and proof of employment at a licensed delivery-only operation.

iv. All drivers shall carry an inventory log of cannabis and cannabis products being transported.

B. Non-Storefront Medical Cannabis Delivery-Only Operations Based in Walnut Creek Permitted.

1. Permitted. A maximum of two (2) non-storefront medical cannabis delivery-only operations that are conditionally permitted and licensed by the City pursuant to this article are permitted to operate in the City.

2. Zoning Districts. Delivery-only operations permitted pursuant to this article may only be located in the following zoning districts: Service Commercial (S-C) and Business Park (B-P). Deliveries may take place in all zoning districts that include residential addresses.

3. Distance Requirements. Delivery-only operations must be located a minimum of one thousand (1,000) feet from schools serving grades pre-Kindergarten through 8th grade, day care centers, youth centers, churches/religious worship facilities, and City of Walnut Creek public parks, excluding Shadelands Ranch Museum Park. Delivery-only operations must be located a minimum of one thousand five hundred (1,500) feet from schools serving grades nine (9) through twelve (12).

4. Delivery Restrictions. All deliveries must be to a fixed residential address.

5. Operational Requirements.

a. Operator Permit Required. All delivery-only operations must obtain and maintain a valid operator permit issued by the City and comply with all conditions of that permit at all times.

b. Conditional Use Permit Required. All delivery-only operations must obtain and maintain a valid conditional use permit pursuant to this chapter, and comply with all conditions of approval at all times.

c. Medicinal Cannabis Only. Delivery-only operations licensed pursuant to this article may only engage in the sale and delivery of medical cannabis and medical cannabis products to qualified patients and their caregivers.

d. Fees. All delivery-only operations must pay all applicable fees in order to commence and continue operations.

e. Visibility.

i. No cannabis or cannabis products may be visible from outside the delivery-only operation's fixed location or vehicles.

ii. No visual display, signage, or condition on the exterior of delivery-only operations' fixed locations or delivery vehicles shall indicate the types of products being stored inside the fixed location or transported in the delivery vehicles.

f. Compliance with Law. All delivery-only operations must be conducted in accordance with all local and State laws.

g. Hours of Operation. Delivery-only operations may only serve customers and conduct deliveries or receive deliveries between the hours of 6:00 a.m. and 10:00 p.m.

h. Safety and Security Requirements. All delivery-only operations must implement and maintain a security plan approved by the Police Department. Such plan shall include, at a minimum, the following security measures:

i. No Public Access. Delivery-only operations shall not permit public access to fixed locations or delivery vehicles. Only employees, operators, and owners of delivery-only operations may access businesses' fixed locations or delivery vehicles.

ii. No On-Site Sales. Delivery-only operations shall only conduct sales via delivery. On-site sales are strictly prohibited.

iii. No Cannabis Paraphernalia. No delivery-only operation shall sell or display any cannabis-related paraphernalia.

iv. Surveillance Systems. Security surveillance cameras and video recording systems shall be installed to monitor the entire interior (except bathrooms), main entrance, and exterior areas, including parking areas, of all delivery-only operations' fixed locations to discourage loitering, crime, and illegal or nuisance activities. The camera and recording system must be of adequate quality, color rendition, and resolution to allow the identification of any individual present in the fixed locations of delivery-only operations.

v. Security Video Retention. Video from the security surveillance cameras shall be maintained for a period of not less than thirty (30) days and shall be made immediately available to City representatives upon request.

vi. City Surveillance System. A delivery-only operation permitted under this article may elect to purchase all necessary equipment to integrate their video surveillance system into any comprehensive video surveillance system implemented by the City.

vii. Alarm System. Professionally and centrally monitored fire, robbery, and burglar alarm systems shall be installed and maintained in good working condition at the premises.

viii. Right of Inspection. All vehicles and facilities permitted pursuant to this article are subject to inspection by City personnel any time the operator is exercising privileges under an operator permit. Prior notice of an inspection is not required.

ix. Secure Storage. Each delivery-only operation shall have adequate locked storage at the fixed location for after-hours storage of cannabis and cannabis products. Cannabis shall be stored at the fixed delivery-only location in secured rooms with limited or key-card access that are completely enclosed or in a safe that is bolted to the floor.

x. On-Site Security Guard. Delivery-only operations shall employ at least one (1) uniformed security guard present during normal business hours to include one-half (1/2) hour before and after normal business hours. The security guard shall be charged with preventing violations of the law, reporting suspicious persons, vehicles, circumstances and all criminal offenses to the Police Department. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of the State law. The sole purpose of the security guard shall be to provide for the protection and safety of the business and its authorized personnel and said guard shall not be required to perform additional, non-security-related duties within the business. The Chief of Police reserves the right to review the number of guards and may require that the number of guards be increased as necessary.

xi. Report of Criminal Activity. Delivery-only operators shall immediately report to the Police Department: (a) any criminal conduct committed by owners, operators, agents, or employees, (b) any crimes that occur at the fixed location or in a vehicle owned or used by the business, (c) any crimes against any employee, agent, operator, or owner of the business during the performance of his/her duties, and/or (d) any crimes against any customer of the business during any transaction conducted by the business.

xii. Delivery Vehicle Requirements.

(a) All delivery vehicles shall be equipped with GPS tracking devices. GPS data shall be made available to the Police Department upon request.

(b) All cannabis, cannabis products, and cash must be stored during transport in secure safes or lockboxes permanently affixed to the delivery vehicle.

(c) All delivery vehicles must be registered with the Police Department, including the make, model, license plate, and registration numbers of such vehicles.

xiii. Owner/Employee Rosters and Notice of Change. Delivery-only operations shall keep a roster on file with the Police Department with the names and birth dates of all current employees, operators, and owners of the delivery-only operation. Delivery-only operations shall provide written notice to the Community and Economic Development Director and the Police Department of any change in ownership or employees within thirty (30) days of such change.

xiv. Other Necessary Security Requirements. The Police Chief may prescribe additional safety or security measures that he or she deems reasonable and necessary in light of the nature and location of a specific operation or existing operational circumstances in order to (a) prevent the diversion of legal cannabis to the illegal market, (b) prevent the inversion of illegal cannabis into the delivery-only operation's business activities, (c) prevent robbery and theft in the course of the delivery-only operation's business activities, (d) prevent quality of life issues in connection with the delivery-only operation, including odor, litter, loitering, and noise, and (e) ensure the safety and security of the operation, its employees, surrounding properties and the general community.

i. Odor Control. All delivery-only operations shall incorporate and maintain adequate on-site odor control measures pursuant to an odor mitigation plan such that the odors as a result of storing or transport of cannabis and cannabis-related products cannot be readily detected from outside of the structure or vehicle in which the business operates.

j. In-Transit Requirements.

i. Only owners, operators, or employees of delivery-only operations may be present in vehicles during deliveries.

ii. No more than two thousand five hundred dollars ($2,500.00) in total value of product and cash may be transported at any one time in an individual vehicle during deliveries.

iii. Delivery vehicles may only travel between fixed locations of delivery-only operations and the residential addresses specified by customers while transporting cannabis and/or cannabis products.

iv. All delivery drivers shall carry valid identification and proof of employment at a licensed delivery-only operation.

v. All drivers shall carry an inventory log of cannabis and cannabis products being transported.

vi. All vehicles must have an internal partition between the driver and any passengers from the cannabis and cannabis products that prevents access by the driver and passengers to cannabis products from inside the vehicle.

vii. Delivery drivers shall be trained by the delivery service provider in the process for verifying that the medical cannabis products are delivered to qualified patients and their caregivers and that the delivery drivers are trained in the proper usage of medical cannabis.

k. Recordkeeping Requirements. Delivery-only operations shall keep the following records:

i. All delivery vehicle maintenance records.

ii. All delivery vehicle ownership records.

iii. All shipping manifests for completed and in-transit deliveries.

iv. A contemporaneous inventory log.

v. Delivery log including location, time and delivery driver.

vi. Quality-assurance details for all cannabis and cannabis products stored and/or delivered by the delivery-only operation.

l. Notification Requirements. An operator shall notify the Police Department within twenty-four (24) hours of discovering any of the following:

i. Significant discrepancies identified during inventory. The level of significance shall be determined by the Police Chief or designee.

ii. The loss or unauthorized alteration of records related to cannabis, cannabis products, registered qualifying patients, primary caregivers, or a delivery-only operation's agents, owners, operators, investors, partners, or employees.

iii. Any other material breach of security.

m. Owner, Operator, and Employee Requirements. In order to be eligible to obtain an operator permit from the City, the delivery-only operation must meet the following criteria:

i. All owners, operators, partners, investors, employees, and agents must be twenty-one (21) years of age or older.

ii. All owners, operators, partners, investors, employees, and agents, must submit to a background search.

iii. No owner, operator, investor, partner, employee, or agent of a delivery-only operation has been convicted of a felony or crime of moral turpitude nor has been found by any State or local jurisdiction to have committed a violation of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). The Police Chief reserves the right, in his or her sole discretion, to waive this requirement in relation to violations of MAUCRSA, in the event that he or she determines that the violation of MAUCRSA was minor in nature and would not undermine the safe and effective operation of the proposed business in accordance with applicable laws.

iv. All owners, operators, employees, security personnel, and agents must obtain a certificate of completion from the State of California Licensee Education on Alcohol and Drugs (LEAD) program. (§3, Ord. 2183, eff. 9/8/18)

10-2.3.1410 Operator Permit Required. Revised 9/18

No person shall engage in commercial cannabis activity or operate a commercial cannabis business pursuant to this article without possessing a valid operator permit from the City and without possessing all other approvals or licenses that may be required pursuant to State law and regulations.

A. Additional permits or entitlements may be required depending on construction or improvements necessary for a building or site.

B. The City may refuse to issue any discretionary or ministerial permit, license, variance or other entitlement, which is sought pursuant to this article, including zoning clearance for a building permit, where the property upon which the use or structure is proposed is in violation of the Walnut Creek Municipal Code, or any other local, State or Federal law.

C. The City may require an operating agreement as a condition of receiving an operator permit. Such operating agreement shall set forth the terms and conditions under which the delivery-only business will operate, that are in addition to the requirements of the Walnut Creek Municipal Code. The terms and conditions may include, but are not limited to, the payment of fees, charges, and contributions as mutually agreed, and any such other terms which promote the public health, safety, and welfare and mitigate negative impacts of such use.

D. No property interest, vested right, or entitlement to receive a future permit to operate a delivery-only operation shall ever inure to the benefit of such operator permit holder, as such permits are revocable. Operator permits issued pursuant to this article are specific to the owner, do not run with the land and are not transferable.

E. Under no circumstances will the City grant more than two (2) operator permits or allow more than two (2) cannabis delivery-only operations to locate and operate within the City at any given time. (§3, Ord. 2183, eff. 9/8/18)

10-2.3.1411 Application for Operator Permit—Form and Content. Revised 9/18

Applicants for operator permits must submit applications to the Community and Economic Development Department. Any confidential information submitted by applicants pursuant to this section shall be marked as such. Confidential information submitted to the City may be withheld from public disclosure in accordance with the requirements of applicable law. Applications shall include, at a minimum, the following:

A. Applicant Contact Information. The name, address, and telephone number of the applicant. If the applicant is a corporation, the applicant shall set forth the name of the corporation exactly as shown in its articles of incorporation.

B. Owner Information. All necessary information related to the business owner(s), including names, birth dates, addresses, social security numbers, criminal histories, relevant work histories, names of businesses owned or operated by the owner(s) within the last ten (10) years with a signed authorization from each such owner authorizing the City to conduct a background check to determine eligibility for a delivery-only operator permit. Qualifying private information will be exempt from disclosure to the public, pursuant to applicable law, to protect an individual's privacy interests and public health and safety.

C. Investor/Partner Information. If applicable, names, birth dates, addresses, social security numbers, criminal histories, and relevant work histories for all investors and/or partners of the proposed business. For purposes of this subsection, partners and investors include those individuals with a five percent (5%) or more financial interest in the proposed business or any other person to whom a share or percentage of the income of the business is to be paid with a signed authorization from each such investor/partner authorizing the City to conduct a background check to determine eligibility for a delivery-only operator permit. Qualifying private information will be exempt from disclosure to the public, pursuant to applicable law, to protect an individual's privacy interests and public health and safety.

D. Operator/Manager Information. If applicable, applicants shall submit the name(s), birth date(s), addresses, social security numbers, criminal histories, and relevant work histories for any operator or manager of the business, if different than the owner(s). Qualifying private information will be exempt from disclosure to the public, pursuant to applicable law, to protect an individual's privacy interests and public health and safety.

E. Employee Roster. Each applicant shall submit an employee roster with the names and birth dates of each proposed employee of the operation with a signed authorization from each such employee authorizing the City to conduct a background check to determine employees' eligibility for employment at delivery-only operations licensed by the City. If the business does not have employees at the time the of application, such roster must be submitted prior to issuance of an operator permit. Qualifying private information will be exempt from disclosure to the public, pursuant to applicable law, to protect an individual's privacy interests and public health and safety. Written notice of any change to the employee roster shall be provided to the Community and Economic Development Director and Police Department within thirty (30) days of such change.

F. Agent for Service of Legal Notices. Applicants shall submit the name, address, and telephone number of the person authorized to accept service of legal notices.

G. Payment of Application Fee. Applicants shall submit the application fee amount with their applications.

H. Property Information and Owner Permission. Applicants shall submit the street address and Assessor Parcel Number (APN) number of the parcel upon which the business will be located. Applicants shall also submit written (and notarized) authorization from the property owner and/or landlord to operate a medical cannabis delivery-only operation on the site.

I. Name of Business and Operating Plan. Each application shall include the name of the proposed business and a detailed operating plan identifying the operating features of the proposed business.

J. Safety and security plan as required under Section 10-2.3.1409(B)(5)(h).

K. Operational Narrative. Applicants shall submit a narrative explaining how the proposed operation includes operational measures sufficient to (1) prevent the diversion of legal cannabis to the illegal market, (2) prevent the inversion of illegal cannabis into the delivery-only operation's business activities, (3) prevent robbery and theft in the course of the delivery-only operation's business activities, (4) prevent quality of life issues in connection with the delivery-only operation, including odor, litter, loitering, and noise, and (5) ensure the safety and security of the operation, its employees, surrounding properties and the general community. Applicants should specifically identify any measures that are in addition to the measures required by the City pursuant to the safety and security plan.

L. Odor Mitigation Plan. Applicants shall submit an odor mitigation plan certified by a professional engineer or industrial hygienist that includes the following:

1. Operational processes and maintenance plan, including activities to ensure the odor mitigation system remains adequate and functional;

2. Odor mitigation training and operational procedures for all employees; and

3. Engineering controls, which may include carbon filtration or other methods of air cleansing, and evidence that such controls are sufficient to effectively mitigate odors from all odor sources. All odor mitigation systems and plans submitted pursuant to this subsection shall be consistent with accepted and best available industry-specific technologies designed to effectively mitigate cannabis odors.

M. Site Plans. Each application shall include a detailed site plan identifying the layout and configuration of the proposed operation, as well as any proposed improvements to the site. The site plan shall identify all areas of the proposed site, including storage areas, and vaults.

N. Buffer Zone. The names and addresses of all schools, churches/religious worship facilities, youth centers and day care centers and City of Walnut Creek public parks, excluding Shadelands Ranch Museum Park, within one thousand (1,000) feet of the proposed location and the names and addresses of all schools serving grades nine (9) through twelve (12) within one thousand five hundred (1,500) feet of the proposed location.

O. Public Benefits Proposal. The applicant shall submit a list and description of any public benefits that the applicant intends to provide to the City or community in connection with the delivery-only operation's business activities and shall indicate whether or not the applicant is willing to enter into an operating agreement with the City.

P. State License Information. The type of license that the applicant is seeking from the State and status of that application.

Q. Signed Affidavit. The property owner and applicant, if other than the property owner, shall sign the application under penalty of perjury and shall include affidavits agreeing to abide by and conform to the conditions of the operator and conditional use permits and all provisions of the Walnut Creek Municipal Code pertaining to the establishment and operation of the delivery-only operation. The affidavit(s) shall acknowledge that the approval of the operator permit and conditional use permit shall, in no way, permit any activity contrary to the Walnut Creek Municipal Code, or any activity which is in violation of any applicable laws.

R. Signed Indemnity Provision. To the fullest extent permitted by law, any actions taken by a public officer or employee under the provisions of this article shall not become a personal liability of any public officer or employee of the City. To the maximum extent permitted by law, owners shall defend (with counsel acceptable to the City), indemnify and hold harmless the City of Walnut Creek, the Walnut Creek City Council, and its respective officials, officers, employees, representatives, agents and volunteers (hereafter collectively called "City") from any liability, damages, costs, actions, claims, demands, litigation, loss (direct or indirect), causes of action, proceedings, prosecutions for violations of State or Federal law, or judgments (including legal costs, attorneys' fees, expert witness or consultant fees, City Attorney or staff time, expenses or costs) (collectively called "action") caused, in whole or in part, by the owner's operation of a delivery-only operation in the City or associated with any action against the City to attack, set aside, void or annul any cannabis-related approvals and/or determinations. The City may elect, in its sole discretion, to participate in the defense of said action, and the owner shall reimburse the City for its reasonable legal costs and attorneys' fees. Owners shall be required to agree to the above obligations in writing and submit said writing as part of the operator permit application. (§3, Ord. 2183, eff. 9/8/18)

10-2.3.1412 Action on Application for Operator Permit. Revised 9/18

A. Application Review and Approval Procedures.

1. Solicitation of Applications. City will issue a notice soliciting applications for delivery-only operations. Such notice will specify when the City will begin accepting applications and the deadline for receipt of applications.

2. Selection Process. The method for selecting the two (2) applicants that will be eligible to receive operator permits shall be set by resolution of the City Council.

3. Six (6) Month Time Period to Seek Conditional Use Permit. An applicant has six (6) months from the selection of an application by the City to obtain a conditional use permit pursuant to Section 10-2.3.1413. If an applicant fails to obtain a conditional use permit during that time period, another qualified applicant will be selected in accordance with the method outlined per the City Council resolution and such applicant will be permitted six (6) months from the date of selection by the City as an operator to seek a conditional use permit from the Planning Commission.

4. Site and Vehicle Inspections Required. If an applicant successfully obtains a conditional use permit from the Planning Commission, City will conduct site and vehicle inspections to confirm compliance with the operational requirements and submitted application materials.

5. Operating Agreement. If the City elects to require an operating agreement, owners and City must successfully negotiate said operating agreement prior to issuance of operator permit.

6. Permit Issuance. The City will issue an operator permit to a selected applicant upon the occurrence of all of the following events: (a) the applicant successfully obtains a conditional use permit from the Planning Commission, (b) the City inspects the applicant's proposed business site and vehicles and determines that both conform to the submitted application materials and are in compliance with all applicable rules and regulations; (c) the applicant has paid all applicable fees; and (d) the City confirms that the applicant has met all required conditions pursuant to this article.

7. State Licensing. Applicants who are granted an operator permit and conditional use permit must obtain a State cannabis license prior to commencing operations. If an applicant fails to obtain a State cannabis license within six (6) months of being granted an operator permit, said operator permit shall expire and the City will select another qualified applicant in accordance with the method outlined per the City Council resolution and such applicant will be permitted to seek a conditional use permit from the Planning Commission.

B. Grounds for Rejection of Applications/Revocation, Modification, or Suspension of Operator Permits. The Community and Economic Development Director, or designee, has the authority and discretion to reject, suspend, modify or revoke any application or operator permit. Applicants providing false or misleading information in the permitting process will result in rejection of the application and/or nullification or revocation of any issued permit. Grounds for rejection of an application or suspension, modification, or revocation of an operator permit include, but are not limited to:

1. Providing incomplete, late, or unresponsive applications.

2. Making false or misleading statements to the City.

3. Any owner, operator, investor, partner, employee, or agent has been convicted of a felony, crime of moral turpitude or has been found by any State or local jurisdiction to have violated the provisions of MAUCRSA.

4. Any owner or operator has had a cannabis-related license or approval revoked from another jurisdiction.

5. Failure to comply with any provisions of this article, the Zoning Code, State law, or any other applicable laws or regulations.

6. Unpaid fees, fines, taxes, or administrative penalties.

7. Facts or circumstances exist which indicate that the operation does or would very likely constitute a threat to public health, safety and/or welfare.

8. Failure to obtain the necessary planning approvals or revocation of said planning approval in accordance with this article and the Zoning Code.

9. The operation as proposed would violate any provision of State or local laws or regulations.

10. Failure to implement and maintain a safety and security plan in conformance with Section 10-2.3.1409(B)(5)(h).

11. The applicant has engaged in unlawful, fraudulent, unfair or deceptive business acts or practices.

12. The applicant's State license for the commercial cannabis operations is suspended or revoked. The City shall not reinstate the operator permit until documentation is received showing that the State license has been reinstated or reissued. It shall be within the City's sole discretion whether the City reinstates any permit after suspension or revocation of a State license.

13. State law permitting the use for which the permit was issued is amended or repealed resulting in the prohibition of such use, or the City receives credible information that the Federal government will commence enforcement measures against such businesses and/or local governments that permit such uses. (§3, Ord. 2183, eff. 9/8/18)

10-2.3.1413 Conditional Use Permit Required. Revised 9/18

No person, group, business, or other entity shall establish a non-storefront medical cannabis delivery-only operation in the City or substantially change the mode or character of operation of an existing non-storefront cannabis delivery-only operation in the City without first obtaining or modifying, as the case may be, a conditional use permit in the manner provided by this article. (§3, Ord. 2183, eff. 9/8/18)

10-2.3.1414 Application for Conditional Use Permit—Form and Content. Revised 9/18

A. An application for a conditional use permit required by this article shall be in the form prescribed by the Planning Manager and shall be accompanied by an application processing fee pursuant to Section 10-2.4.202.

B. The application shall contain all of the information required by Article 2 of Part IV of this chapter and shall also include all of the following additional information:

1. The name, address, and telephone number of the applicant. If the applicant is a corporation, the applicant shall set forth the name of the corporation exactly as shown in its articles of incorporation.

2. The true and complete name(s) and address(es) of each partner or investor with a five percent (5%) or more financial interest in the proposed business or any other person to whom a share or percentage of the income of the operation is to be paid.

3. The name, address, and telephone number of the person who shall manage and operate the delivery-only operation for which conditional use permit is requested.

4. The name, address, and telephone number of the person authorized to accept service of legal notices.

5. The proposed business name of the delivery-only operation and a business plan describing all operational aspects of the proposed business.

6. Street address of the proposed delivery-only operation and the Assessor Parcel Number (APN) for the property.

7. A plot plan for the property depicting the location of the building in which the delivery-only operation is proposed to be located and all existing and proposed parking, exterior lighting, signage, landscaping, and trash enclosures.

8. A floor plan of the establishment showing all designated areas of the proposed operation and any other information necessary to establish the mode and character of operation.

9. The names and addresses of all schools, churches/religious worship facilities, youth centers, day care centers, and City of Walnut Creek public parks, excluding Shadelands Ranch Museum Park, within one thousand (1,000) feet of the proposed location and the names and addresses of all high schools within one thousand five hundred (1,500) feet of the proposed location.

10. The type of State cannabis license that the applicant is seeking under MAUCRSA. (§3, Ord. 2183, eff. 9/8/18)

10-2.3.1415 Additional Findings for Action on Application for Conditional Use Permit. Revised 9/18

The Planning Commission shall consider each application for a conditional use permit required by this article within the time and in the manner provided for by Article 2 of Part IV of the Zoning Ordinance, and shall: (1) deny or (2) approve or conditionally approve the permit upon making the findings required by Section 10-2.4.605 and each of the following findings:

A. The proposed use will not cause adverse noise, blight, criminal activity, parking or traffic impacts;

B. The proposed use will not create objectionable conditions that constitute a nuisance;

C. The proposed use will otherwise be compatible with existing and potential uses within the general area; and

D. The cannabis operation will not place a burden on the provision of public services disproportionate to other commercial uses. (§3, Ord. 2183, eff. 9/8/18)

10-2.3.1416 Conditional Use Permit Conditions of Approval. Revised 9/18

The Planning Commission may, in approving, conditionally approving, or modifying the conditional use permit of a delivery-only operation, impose conditions that it deems reasonably necessary or desirable to ensure that the use authorized by the conditional use permit will be established, operated, and maintained in accordance with the findings required by Section 10-2.3.1415, the Zoning Ordinance, the Municipal Code, and other applicable provisions of law. Such conditions may address any factors relating to the establishment, operation, or maintenance of the proposed use, including, but not limited to, the following:

A. Hours and days of operation.

B. Adequacy of loading and parking areas for delivery vehicles.

C. Adequacy of security provisions to assure safety of employees on the site, as well as users of adjacent sites, including, but not limited to, lighting, alarm systems, security personnel, and the appropriate type and placement of landscape materials.

D. A requirement that the ownership or management of a delivery-only operation take reasonable steps to assure the safe conduct of its operation and to timely respond and work cooperatively with the Community and Economic Development Department and Police Department about problems related to the operation or management of the establishment. (§3, Ord. 2183, eff. 9/8/18)

10-2.3.1417 Appeals. Revised 9/18

A. Operator Permit Appeals. A decision by the Community and Economic Development Director or designee on the rejection of a delivery-only operation operator permit application or issuance, suspension, modification, or revocation of an operator permit is appealable to the City Manager or designee in accordance with the administrative appeal procedures promulgated by the City Manager.

B. Conditional Use Permit Appeals. A decision by the Planning Commission regarding a conditional use permit for a delivery-only operation may be appealed to the City Council as provided by Article 5 of Part IV of the Zoning Ordinance. (§3, Ord. 2183, eff. 9/8/18)

10-2.3.1418 Operator Permit Term/CUP Expiration. Revised 9/18

A. Delivery-Only Operator Permit Term. Operator permits issued pursuant to this article shall be valid for one (1) year. Delivery-only operations are required to renew their permits with the City each year to continue lawful operations. The Planning Manager shall have the authority and discretion to design renewal application procedures and approve renewal applications. Any renewal application shall require, at a minimum, site and delivery vehicle inspections, confirmation that the business is being operated in accordance with all laws and regulations, confirmation that all information previously submitted as required by Section 10-2.3.1410 is still accurate, and payment of all applicable fees. If any information required by Section 10-2.3.1410 has changed since the previous application approval, updated information must be submitted.

B. Conditional Use Permit Expiration for Failure to Commence Operations. An operator permit and/or conditional use permit shall expire by operation of law without any further action by the City staff or the Planning Commission, or by the appropriate decision-making body if on appeal, if the use authorized by such operator permit and/or conditional use permit is not commenced on or before the time limit specified in the conditions of approval of such permit or, if no time is specified, on or before one (1) year after the date such permit was effective. Notice of permit expiration need not be provided by the City. Notwithstanding the foregoing, the Planning Manager and his or her designees may grant no more than one (1) administrative extension of such time limit if the approved business plan has not substantially changed and if there has been no substantial change in the circumstances of the surrounding vicinity, in the reasonable determination of the Planning Manager and his or her designees. (§3, Ord. 2183, eff. 9/8/18)

10-2.3.1419 Conditional Use Permit Modification and/or Revocation. Revised 9/18

A conditional use permit exercised in violation of this article or a condition of approval may be modified or revoked as provided in Sections 10-2.4.412 and 10-2.4.608. Failure to comply with any term or condition of an approved conditional use permit is a violation of the Zoning Ordinance subject to the enforcement provisions prescribed by Part IV, Article 15 of this chapter and any and all other penalties and remedies provided by law. A conditional use permit may be modified or revoked as provided by Part IV, Article 6 of this chapter. (§3, Ord. 2183, eff. 9/8/18)

10-2.3.1420 Violations and Penalties. Revised 9/18

A. It shall be unlawful and constitute a public nuisance for any person to operate a non-storefront delivery-only business, to deliver medical cannabis from outside the City to locations within the City, or to cultivate cannabis for personal use in violation of any provision of this article.

B. A person who violates, causes, or permits another person or entity to violate any provision of this article shall be subject to the enforcement provisions of Article 15 of Part IV of the Zoning Ordinance and Chapter 6 of Title 1. (§3, Ord. 2183, eff. 9/8/18)

10-2.3.1421 Remedies Cumulative. Revised 9/18

All remedies and penalties prescribed by this article, or that are available under any other provision of law or equity, are cumulative and not exclusive. The use of one (1) or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this article. (§3, Ord. 2183, eff. 9/8/18)

10-2.3.1422 Severability. Revised 9/18

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this article is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, that subsection, subdivision, sentence, clause, phrase, or portion thereof shall be deleted as though it never existed and the remainder of the article shall continue in full force and effect. The City Council hereby declares that it would have adopted this article and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one (1) or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. (§3, Ord. 2183, eff. 9/8/18)