The zoning ordinance regulated specific development standards for each property. There are circumstances when the strict application of these standards may be inappropriate because of unusual characteristics of a property.

A variance is a request to allow a minor adjustment to the zoning ordinance. These requests are considered if unusual aspects of the property prevent it from being used the way the zoning rules intend. These unusual aspects can include:

• Size
• Shape
• Topography
• Location
• Heritage tree placement
• Creek or drainage features
• Surroundings

A variance can only be granted if there is a specific hardship. A variance cannot be granted just to make development less costly or to change the use of the property. 

How to apply 

You can apply for a variance 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:

• Application form and Statement of Understanding for the fee structure
• Filing fees and deposits
• Cover letter explaining your justification for the request
• Site photographs showing:
  • Topography
  • Vegetation and landscaping
  • Existing and adjacent structures
• Site plans and diagrams (not larger than 24” x 36”) with the following information:
  • Legend with scaling (1”=__) and a north arrow
  • Vicinity map indicating nearby cross streets in relation to site (to scale)
  • Exterior boundary lines of the property indicating easements, dimensions and lot size
  • Adjacent streets or public rights-of-way, including bicycle, equestrian and hiking trails
  • Location, elevations, size, height, dimensions, materials, colors, and proposed use of existing buildings and structures (including walls, fences, signs, lighting and hooding devices)
  • Distances between all structures and between all property lines or easements and structures
  • Nearby buildings relevant to the application
  • Existing trees (as defined in Title 3, Chapter 8 Section 3-8.02, Municipal Code) on the site, giving type and location and any other significant plant material, with a notation as to those that are to be retained and those that are to be removed
  • Existing significant natural features such as rock outcroppings, highly protected trees, creeks, knolls, and ridgelines
  • Location, number of spaces, and dimensions of off-street parking spaces, loading docks, and maneuvering areas, with internal circulation indicated
  • Pedestrian, vehicular, and service points of ingress and egress, driveway widths, and distances between driveways
  • Proposed landscaping, including quantity, location, varieties, and container size
  • Proposed grading plan (for sites having over 5-foot grade differential), showing direction and path of drainage on, through and off the site; indicate any proposed drainage channels or facilities
  • Required and existing street dedications and improvements, such as sidewalks, curbing and pavement. Indicate widths, radii of curves, street grades and whether streets are public or private

More information may be required if the application is reviewed by the Planning Commission.

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

By Email
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.

In-person
Application fees or deposits may be paid by check or credit card during your application submission. 

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 and Zoning Administrator 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. Environmental Review (in some cases)

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 hearing with the Zoning Administrator for review
If the project includes a proposed development, it will go to the Zoning Administrator 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 Zoning Administrator will evaluate everything they have read and heard. Their comments and recommendation will be provided to the Planning Commission.

In most cases, the Zoning Administrator will make the final decision for a variance request. If the application is controversial or their decision is appealed, the application may be sent to the Planning Commission for approval.

Learn more about decisions and appeals.


11. Public hearing(s) with the Planning Commission for final approval
If your proposed project is approved by the Zoning Administrator, it will go to the Planning Commission 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 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. Permit Issue
Once your application is approved, City staff will email your permit.

Timeline

Once an application is accepted as complete, it will take about 3 to 4 weeks for processing and a Zoning Administrator decision. If review by the Planning Commission is required, this can take...

Most variances do not require environmental review. If it is required, it can take 3 to 5 months for a Negative Declaration or Mitigated Negative Declaration, If an Environmental Impact Report is required, this can take 6 to 8 months. 

Forms and documents

• Planning application with Statement of Understanding [PDF]
• Article 9: Variances

Related

• Zoning

Contact

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