In 1985, Walnut Creek voters passed Measure A (the “Building Height Freeze Initiative”) in response to the perception of traffic impacts from new commercial development around the Walnut Creek BART station and in the downtown. Measure A set building height limits for the entire City which only the voters can amend. These limits range from 25 feet for most single-family and duplex zoning districts, to up to 89 feet for districts allowing multifamily housing. For some locations, the Measure A limits exceed the heights currently allowed by the Zoning Ordinance.

Aside from voter approval, the alternative mechanism for increasing the Measure A limits is State Density Bonus Law (Government Code Section 65915 et seq.). This law applies to housing development projects with five or more units that provide a specified number of affordable units or units targeted toward special needs populations (e.g. seniors).

The City’s 2023-2031 Housing Element, which the California Department of Housing and Community Development (HCD) certified on October 23, 2024, found that Measure A does not constrain housing development for the following reasons:

• Due to the limited availability of sites in single-family zoning districts, the vast majority of new housing is located in multifamily or mixed-use zoning districts. Therefore, the 25-foot height limit in single-family districts does not significantly constrain new housing development.
• For multifamily and mixed-use zoning districts, Measure A height limits already allow what is economically feasible. Taller buildings (over five or six stories) are not typically feasible since they require significantly more expensive construction methods and materials (e.g., concrete and steel).
• Walnut Creek permitted more than double the target number of market-rate units for the previous Housing Element cycles (2015-2023).
• With the City’s full support, developers of mixed-income and affordable housing have taken full advantage of State Density Bonus Law to achieve the heights necessary to optimize the number of units in their projects. In the last ten years, eight projects (including five 100% affordable projects) have utilized density bonus law to achieve a total density increase of 59 percent.

While Measure A does not constrain housing development as discussed above, under Housing Element Programs H-2.U and H-4.J, the City has committed to conducting additional public education on the impact of Measure A on housing development. In addition, under Program H-4.J, the City will conduct a “mid-cycle” review of housing production and constraints by Fall 2027. At that time and pursuant to such review, if the City is not on schedule to meet the target number of housing units in the Housing Element, or has identified height limits to be an additional constraint on housing production, staff will take one of the following actions:

1. Assuming available funding for election costs, prepare for City Council consideration and action a ballot measure amending Measure A Height limits for properties that allow multi-family development under the General Plan to allow for additional residential units; or
2. Pursue and implement other strategies as appropriate to address identified constraints.

In addition, Program H-6.J describes a suite of actions for the City to consider implementing to improve housing mobility and affordability; one potential consideration includes increasing heights in multi-family residential districts (outside of the North Downtown and West Downtown Specific Plan areas) to the maximum height authorized under Measure A by December of 2027.

For further information or to provide comments about Measure A and its impact on housing development, please contact:

Aaron Sage, Principal Planner

(925) 943-5899 ext. 2232

sage@walnut-creek.org