Use Permits (Administrative, Minor, Conditional and Special)

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Types of use permits

There are four types of use permits: administrative, minor, conditional, and special.

Administrative

Minor

Minor use permits are required for:

Constructing fences over the established height limit
Keeping livestock or poultry
Parking space reductions, shared parking, and offsite parking agreements (excluding large developments)
Food-based home occupations

Approval of a minor use permit will be made based on whether the proposal is suitable to the zoning district and site. Conditions may be imposed to ensure that the proposed minor use will be compatible with the project environment.

Conditional

A Conditional Use Permit ("use permit" or "CUP") grants a specific land use for a given property. The process allows for review of specific land uses and their compatibility in certain areas.

Examples include:

Banks in the downtown area
Drive-thrus
Day care centers
Residential care facilities
Personal improvement businesses
Operating an alcohol beverage establishment where the sales, service, and consumption of alcohol extends beyond 11:00 p.m.

Conditions may be imposed to ensure that the proposed uses will be compatible with and not adversely affect the project environment. In reviewing a conditional use permit application, City staff and the Planning Commission will evaluate:

Building placement and size
Traffic generation
Noise generation
Hours and days of operation
Adequacy of parking
Circulation
Pick-up and drop-off facilities
Overall compatibility of the land use with adjoining properties
Other related development impacts

Special

Apply for a use permit

These are the steps required for a use permit application.

1. Information Gathering

Look up your zoning and General Plan land use requirements to learn about what’s allowed on the property. The proposed project or land use change should be compatible with surrounding areas.

We recommend you meet with nearby neighbors and people who may be affected by the change. Discuss the proposed change and learn if they have concerns. Contact local utilities and other agencies to see if other requirements will be necessary.

2. Preliminary review (optional, but recommended)

Get early feedback and review the Planning Application checklist with staff to improve the quality of your application. Schedule preliminary review.

3. Complete the application

Download and complete the Planning Application form.

4. Submit application by email or in-person

By email
Submit the completed application and required documents listed in the Planning Application checklist to DutyEngineer@walnut-creek.org. Send all documents in one email and include the project address in the subject line. If any of the documents exceed 25MB, upload them to the cloud (via Dropbox or Google Drive, for example) and provide a link.

In-person
Make an appointment by selecting 'Planning and Zoning Appointments' on our scheduling system. Bring the completed application.

Email completed application and required documents listed in the application checklist as PDF files to DutyPlanner@walnut-creek.org. Send all documents as PDF files in one email and include the project address in the subject line. If the total combined documents exceed 25MB, upload the documents to the cloud (via Dropbox or Google Drive, for example) and provide a link in the email to the files.

5. Pay fees

Within five business days, you’ll be sent instructions on how to pay your application fee or deposit by check or credit card. Learn more about fees.

6. Planner assignment and initial review

A planner will be assigned to your project and will be your primary contact through the process. During the initial review, your assigned planner will determine:

If the application is complete
If outside agencies or other divisions will also need to review the application.
If environmental review will be needed

7. Notice of application status

Within 30 days after you submit your application, you will get a Notice of Application Status. This tells you whether your application is complete or if more information is needed. Comments received from other divisions and outside reviewing agencies will be included in the notice.

8. City staff review

Your assigned planner and other divisions will continue their review of your application. These other divisions may include:

Engineering
Building
Transportation
City arborist and parks
Code enforcement

They will be checking to make sure your application meets land use and municipal code requirements. During this review, there may be multiple rounds of comments from staff that you will need to respond to by making changes to your plans and resubmitting your application.

9. Environment review (conditional use permits; most administrative and minor use permits are exempt)

During the initial 30-day review of your project, City staff will assess whether an Environmental Impact Report or other studies will be required. The review results in a determination of:

Exemption
Negative declaration or Mitigated negative declaration
An Environmental Impact Report (EIR)

Learn more about environmental review

10. Public hearings (minor and conditional use permits; administrative use permits are exempt)

10 days before a public hearing, a notice will be:

Advertised in the local newspaper
Mailed to all property owners within 300 feet of your project
Posted on or near the project site

Based on the type of approval required, the project will go to one or more of the following decision-making bodies for their approval:

Zoning Administrator
Design Review Commission
Planning Commission
City Council

At the public hearing, City staff will present a report and make their recommendation. You will be able to present, followed by anyone else who wants to comment on the proposed project.

After everyone from the public speaks, the decision-making body will evaluate everything they have read and heard. Then they will take one of the following actions:

Approve
Postpone to a later date
Continue and schedule another public hearing
Refer the matter back for more evaluation
Deny

Learn more about approvals, decisions, and appeals

11. Permit issued

Once your application is approved, City staff will email your permit by email.

Decisions and appeals

Appeals can be filed with the City Clerk within 10 days following the transmittal date of the decision.

For administrative use permits, the Planning Manager’s decision is final unless an appeal is filed. A public hearing will be held before the Planning Commission who will then make the final decision. The Planning Commission's decision may be appealed to the City Council.

For minor use permits, the Zoning Administrator's decision is final unless an appeal is filed. A public hearing will be held before the Planning Commission who will then make the final decision. The Planning Commission's decision may be appealed to the City Council.

For conditional and special use permits, the Planning Commission's decision is final, unless an appeal is filed. A public hearing will be held before the City Council who will then make the final decision.

Timeline

The process time varies according to the complexity, controversy, and magnitude of your project. You will be notified within 30 days as to whether the project application is complete, or whether the application requires additional information.

A small project may be processed in as little as six weeks. However, a large project that requires an EIR can take up to 8 months. The project planner will provide a detailed timeline for you shortly after receiving your application.

Learn more about turnaround times

Forms and documents

Contact

Planning staff
Call (925) 256-3558
Email DutyPlanner@walnut-creek.org

City of Walnut Creek