Rezoning

Walnut Creek’s Zoning Ordinance governs land uses and how buildings relate to their surroundings. State law requires zoning to be consistent with the City’s General Plan.

It’s usually possible to change the zoning of a property and still be consistent with the General Plan. If not, a General Plan amendment is required. This can be done before or at the same time. Other required permits (like tentative maps or use permits) can also be processed at the same time.

Rezoning applications should have compelling reasons. Rezoning requests are evaluated for consistency with:

  • General Plan
  • Growth Limitation Plan
  • Compatibility of land use (such as building height)

The community-wide benefit will be considered based on:

  • Growth
  • Density
  • Property values

Residential densities will not necessarily be zoned at the highest General Plan density range.

Planned developments

When reviewing a Planned Development rezoning, the Planning Commission and City Council look at the proposed development and the neighborhood together. They may require areas be set aside for school and recreation to serve the development and neighborhood.

Planned Development zoning districts do not require a permit for development, but the Design Review Commission will review and provide comments to the Planning Commission about:

  • Site plan
  • Landscaping
  • Grading
  • Building design

To expedite the process, applicants can concurrently apply for rezoning and subdivision permits.

Unincorporated

Unincorporated land may be prezoned by the same process as rezoning. The zoning then becomes effective upon annexation.

 


How to apply

You can apply for rezoning by email or in-person.

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 (recommended, but not required)
Get early feedback, identify potential problems, and improve the quality of your application. Schedule preliminary review.


3. Complete the application
Download and complete the Planning Application form.

Application checklist:

  • Completed application form with signed Statement of Understanding to acknowledge the City’s billing structure.
  • Provide a legal description of the property.
  • Site photographs showing topography, vegetation and landscaping, and existing and adjacent structures.
  • A comparison of anticipated differences between existing zoning ordinance standards and the proposed plan, where applicable.
  • Submit the required data consistent with Section 10-2.4.203 of the Walnut Creek Municipal Code. These requirements are available with the rezoning application.


4. Submit your application

By email
Submit the completed application and required documents to DutyPlanner@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 to meet with City staff at City Hall City. Applicants may bring the application on a USB drive, printed, or email to DutyPlanner@walnut-creek.org in advance.


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
A planner will be assigned to your project and will be your primary contact through the process.

7. Initial review and notice of application status
Within 30 days after you submit your application, you will get a Notice of Application Status.  Comments received from other divisions and outside reviewing agencies will be included in the notice. 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

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. Outside agency review
If outside agencies need to review the application, your assigned planner will send it to them for their review. This review is often conducted at the same time as the City staff review. Each agency has two weeks to respond to the application. They will send their responses directly to the applicant. Failure to respond within the requested two-week period is not an implied approval.


10. Preliminary public review(s) by the Design Review Commission
If the project includes a proposed development, it will go to the Design Review Commission for review. 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 Design Review Commission will evaluate everything they have read and heard. Their comments and recommendation will be provided to the Planning Commission.


11. Public hearing(s) with the Planning Commission
The project will go to the Planning Commission for approval. 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 Planning Commission 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

  

12. Public hearing(s) with the City Council for final approval
If your proposed project is approved by the Planning Commission, it will go to the City Council for final approval. 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 City Council 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


13. Permit Issued
Once your application is approved, City staff will email your permit.

 


 

Timeline

The processing time varies based on the complexity, controversy, and magnitude of your proposed change. The process generally takes 6-11 months in total.

Here are some further estimates:

  • If a proposed change results in a negative declaration from environmental review, it takes 4-5 months to go from the completed application to the Planning Commission review. If the proposal requires an environmental impact report, this takes 7-9 months.
  • The time from Planning Commission review to the City Council action is about 2 months.

More time may be needed if the request includes:

  • General Plan amendment
  • Planned Development permit
  • Subdivision approval

Forms and documents

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