Skip to content

10-1.704 Tenant Provisions.

Walnut Creek Zoning Code · 2026-06 edition · updated 2026-07-07 · Walnut Creek

  1. Notice of Intent. As provided in Government Code 66427.1(a), a notice of intent to convert shall be delivered by the Subdivider to each tenant at least 60 days prior to filing of the Tentative Map. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail. The form of the notice shall be in the form outlined in Government Code Section 66452.9 and approved by the Community Development Department and will inform the tenants of all rights provided under this article and state law.

  2. Notice of Public Report. As provided in Government Code Section 66427.1(a), each tenant shall receive 10 days' written notice that an application for a public report will be or has been submitted to the Department of Real Estate, and that such report will be available on request. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

  3. Notice of Final Map Approval. As provided in Government. Code 66427.1(b), each tenant shall receive written notification within 10 days of approval of a final map for the proposed conversion. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

  4. Tenant's Right to Purchase. As provided in Government Code §66427.1(d), any present tenant shall be given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety (90) days from the date of issuance of the subdivision public report unless the tenant gives prior written notice of his or her intention not to exercise the right. Evidence of receipt by each tenant shall be submitted prior to approval of the final map. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

  5. Vacation of Units. Each tenant not in default under the obligations of the rental agreement or lease under which he occupies his unit, shall be given one hundred eighty (180) days' written notice of intention to convert his or her unit prior to termination of tenancy. The subdivider shall notify each tenant immediately prior to the time of final map approval of the anticipated date required to vacate the unit and when the 180-day period will

begin. Evidence of receipt by each tenant shall be submitted prior to approval of the final map. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

  1. No Increase in Rents. The rents charged tenants resident when a completed tentative map application was accepted by the Community Development Department shall not be increased for two years from that acceptance time until the unit is sold or until the subdivision is denied, withdrawn or reverted to acreage. The increase in rent on a unit which has been vacated after receipt of the application by the Community Development Department shall not be subject to control.

After rent increases have been restricted by this subsection or any predecessor to it for at least two years, the owner may request the Community Development Department to grant a rent increase. Rents may be increased in accordance with the provisions of the following table:

AMOUNT AND TIMING OF INCREASE

AMOUNT BELOW
FAIR MARKET RENT		 At time of CDD
approval		 8 months after
approval		 16 months after
approval		 24 months after
approval
Under $60 Entire Balance --- --- ---
$61 to $100 $60 Market Rent --- ---
$101 to $150 $70 Market Rent --- ---
AMOUNT BELOW
FAIR MARKET RENT		 At time of CDD
approval		 8 months after
approval		 16 months after
approval		 24 months after
approval
$151 to $200 $80 One-half of
Remaining Balance		 Market Rent ---
Over $200 $80 One-third of
Remaining Balance		 One-half of
Remaining
Balance		 Market Rent

Fair market rent is the average rent charged at the time the request for a rent increase is received in units comparable in size and quality to the affected unit, but for which rent increases are not regulated by this section. The burden of proving fair market rent shall rest entirely with the owner. (§1, Ord. 1630, eff. August 1, 1985)

  1. Special Cases. Any non-purchasing tenant who is handicapped or has minor children in school or is age 60 or older and does not accept a lifetime lease, living in any unit prior to the time a completed tentative map

application has been accepted by the Community Development Department shall be given at least an additional six (6) months in which to find suitable replacement housing.

  1. Moving Expenses. The subdivider shall provide moving expenses of two times the monthly rent to any tenant household living in any unit prior to the time a completed tentative map application has been accepted by the Community Development Department as provided in this section.

A tenant moving in after tentative map application will not be required to be provided with moving expenses. Eligible tenants will receive moving expenses within 14 days after they relocate, except when the tenant has given notice of his intent to move prior to receipt of notification from the subdivider of his intent to convert. The subdivider shall also provide each tenant with a monthly list of other rentals available in the Central Contra Costa area beginning from the time of tentative map application until each tenant relocates or decides to purchase a unit.

after they relocate, except when the tenant has given notice of his intent to move prior to receipt of notification from the subdivider of his intent to convert. The subdivider shall also provide each tenant with a monthly list of other rentals available in the Central Contra Costa area beginning from the time of tentative map application until each tenant relocates or decides to purchase a unit.

  1. Notice to New Tenants. Beginning at a date not less than 60 days prior to the filing of the tentative map, the subdivider or his or her agent shall give notice of such filing in the form outlined in Government Code 66452.8(b) to each person applying after such date for rental of a unit prior to acceptance of any rent or deposit. If the subdivider or his or her agent fails to give notice pursuant to this section, he or she shall pay to each prospective tenant who becomes a tenant and who was entitled to such notice and who does not purchase his or her unit, an amount equal to two times monthly rent for moving expenses.

  2. Senior Citizens. At the time of final map approval, all tenant households resident at the time a completed tentative map application was accepted by the Community Development Department in which the head of household or spouse is age 60 or older shall be offered a Lifetime Lease. Annual rent increases shall not exceed 75% of the latest annual average percentage increase of the Residential Rent Component of the Consumer Price Index, San Francisco-Oakland SMSA. Tenants shall be informed of the change in this index at the time rent increases are imposed. Starting rents shall be the rent at the time of tentative map application. Lease forms shall be submitted to the Community Development Department for review prior to final map approval.

  3. Low- and Moderate-Income Tenant. At the time of final map approval, all tenant households resident upon acceptance by the City of a completed tentative map application, which meet the income limits of the HUD Section 8 program will be considered low- and moderate-income households and shall be offered at a minimum a three-year lease. Annual rent increases shall not exceed 75% of the latest annual average percentage increase of the Residential Rent Component of the Consumer Price Index, San Francisco-Oakland SMSA. Tenants shall be informed of the change in this index at the time rent increases are imposed. Starting rents shall be the rent at the time of tentative map application. Lease forms shall be submitted to the Community Development Department for review prior to final map approval. (§1, Ord. 1530, eff. April 22, 1982)

Get a plain-English answer with a citation back to this text.

Ask AI about this code
▸ Contents — Walnut Creek Zoning Code
Walnut Creek Zoning Code
  1. 10-1.101 Citation and Authority.
  2. 10-1.102 Purpose.
  3. 10-1.103 Conformity to General Plan, Specific Plans and Zoning…
  4. 10-1.104 Application.
  5. 10-1.105 Modification of Requirements.
  6. 10-1.201 Definitions.
  7. 10-1.202 Responsibilities.
  8. 10-1.301 General.
  9. 10-1.302 Division of Land—Five or More Parcels.
  10. 10-1.303 Division of Land—Four or Fewer Parcels. (Minor Subdiv…
  11. 10-1.304 Plat Maps.
  12. 10-1.305 Fees and Deposits.
  13. 10-1.402 Tentative Maps.
  14. 10-1.403 Final Maps.
  15. 10-1.501 Tentative Parcel Map.
  16. 10-1.502 Parcel Maps.
  17. 10-1.503 Waiver of Parcel Map Requirements.
  18. 10-1.601 Dedication of Streets, Alleys and Other Public Rights…
  19. 10-1.602 Park Land Dedication.
  20. 10-1.603 School Site Dedication.
  21. 10-1.604 Reservations.
  22. 10-1.605 Claims of Excessive Dedications.
  23. 10-1.701 Purpose.
  24. 10-1.702 Requirements and Procedures.
  25. 10-1.703 Physical Standards for Condominium Conversions.
  26. 10-1.704 Tenant Provisions.
  27. 10-1.705 Effect of Proposed Conversion on the City's Low- and …
  28. 10-1.706 Findings.
  29. 10-1.801 General.
  30. 10-1.802 Improvements Required.
  31. 10-1.803 Deferred Improvement Agreements.
  32. 10-1.804 Design.
  33. 10-1.805 Access.
  34. 10-1.806 Improvement Plans.
  35. 10-1.807 Improvement Agreement.
  36. 10-1.808 Improvement Security.
  37. 10-1.809 Construction.
  38. 10-1.810 Construction Inspection.
  39. 10-1.811 Completion of Improvements.
  40. 10-1.812 Acceptance of Improvements.
  41. 10-1.813 Supplemental Improvement Capacity.
  42. 10-1.901 General.
  43. 10-1.902 Initiation of Proceedings.
  44. 10-1.903 Contents of Petition.
  45. 10-1.904 Submittal of Petition to City Engineer.
  46. 10-1.905 City Council Approval.
  47. 10-1.906 Filing with County Recorder.
  48. 10-1.1001 Mergers not Required.
  49. 10-1.1002 Mergers Required.
  50. 10-1.1003 Notice of Intention to Determine Status.
  51. 10-1.1004 Hearing on Determination of Status.
  52. 10-1.1005 Determination of Merger.
  53. 10-1.1006 Determination When No Hearing is Requested.
  54. 10-1.1007 Request to Merge by Property Owner.
  55. 10-1.1008 Unmerged Parcels.
  56. 10-1.1009 Request for Determination by Owner.
  57. 10-1.1010 Fee for Mergers and Unmergers.
  58. 10-1.1101 Requirements.
  59. 10-1.1102 Form and Contents.
  60. 10-1.1103 Submittal and Approval by the City Engineer.
  61. 10-1.1104 Filing with the County Recorder.
  62. 10-1.1105 Fee.
  63. 10-1.1201 Citation and Authority.
  64. 10-1.1202 Purpose and Intent.
  65. 10-1.1203 Consistency.
  66. 10-1.1204 Definitions.
  67. 10-1.1205 Application.
  68. 10-1.1206 Filing and Processing.
  69. 10-1.1207 Expiration.
  70. 10-1.1208 Vesting on Approval of Vesting Tentative Map.
  71. 10-1.1209 Development Inconsistent with Zoning—Conditional App…
  72. 10-1.1210 Applications Inconsistent with Current Policies.
  73. 10-1.1211 Failure to Obtain Design Review Approval.
  74. 10-1.1301 Prohibition.
  75. 10-1.1302 Remedies.
  76. 10-1.1303 Certificate of Compliance.
  77. 10-1.1304 Notice of Violation.
  78. 10-1.1305 Penalties.
  79. 10-1.1306 Judicial Action.
  80. 10-1.1401 Purpose.
  81. 10-1.1402 Applicability—Ministerial Approval.
  82. 10-1.1403 Exceptions.
  83. 10-1.1404 Definitions.
  84. 10-1.1405 Urban Lot Split Requirements.
  85. Chapter 2
  86. Part I — GENERAL PROVISIONS
  87. Part II — BASE DISTRICT REGULATIONS
  88. Part III — REGULATIONS APPLYING IN ALL OR SEVERAL DISTRICTS Re…
  89. Part IV — ADMINISTRATION

GoCodebook provides public access, search, citation, multilingual explanation, and practical interpretation of legally adopted building regulations. It is not a substitute for the official ICC or California code publications.