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Part IV — ADMINISTRATION

Article 16 — Reasonable Accommodation Application

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

10-2.4.1601 Purpose.

The purpose of granting an application for reasonable accommodation is to provide an individual with a disability, his or her representative, or a developer or provider of housing for an individual with a disability, a modification with respect to the application of land use, or zoning regulations, and in the application of land use, zoning, or building policies, practices or procedures when those regulations, policies and procedures act as a barrier to fair housing. (§6, Ord. 2131, eff. 7/18/14)

10-2.4.1602 Application.

An application for reasonable accommodation may be filed with the Community Development Department as provided in Article 2 of this part. The application shall be accompanied by the following information:

A. The name, address and telephone number of the applicant;

B. The name, address, and telephone number of the owner of the property for which the reasonable accommodation request is being made;

C. The current use of the property for which the reasonable accommodation request is being made;

D. If the applicant is someone other than the property owner, a letter of agency or authorization signed by the property owner consenting to the application being made;

E. The basis for the claim that the individual to be reasonably accommodated is an individual with a disability under the fair housing laws;

F. The land use or zoning regulation, or land use, zoning, or building policy, practice or procedure for which reasonable accommodation is being requested;

G. The type of accommodation sought;

H. The reason(s) why the accommodation is necessary for the needs of the disabled person. Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation;

I. Copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding the need for the accommodation; and

J. Other supportive information deemed necessary by the department to facilitate proper consideration of the request, consistent with fair housing laws.

K. There is no fee imposed on the filing or processing of the application for reasonable accommodation. (§6, Ord. 2131, eff. 7/18/14; §4, Ord. 2239, eff. 7/5/24)

10-2.4.1603 Notice and Public Hearing.

Notice and conduct of the public hearing shall be according to Article 3 of Part IV of Chapter 2 of this title. (§6, Ord. 2131, eff. 7/18/14)

10-2.4.1604 Findings.

The reviewing authority shall approve the application, with or without conditions, unless it determines on the basis of substantial evidence that one (1) or more of the following findings cannot be made:

A. The accommodation is requested by or on behalf of an individual with a disability protected under the fair housing laws.

B. The housing, which is subject to the requested accommodation, will be used by an individual with a disability protected under fair housing laws.

C. The requested accommodation is necessary to provide an individual with a disability an equal opportunity to use and enjoy a dwelling.

D. The requested accommodation will not impose an undue financial or administrative burden on the City.

E. The requested accommodation would not require a fundamental alteration in the nature of a City program or law, including land use and zoning. (§6, Ord. 2131, eff. 7/18/14)

10-2.4.1605 Review with Other Discretionary Permits.

If the project requires other discretionary approval (such as a conditional use permit, design review, or variance) independent of the reasonable accommodation request, then the reasonable accommodation application will be decided prior to the other applications. Such decisions shall not be reconsidered as part of the subsequent approvals, but shall be regarded as independent entitlements. (§6, Ord. 2131, eff. 7/18/14)

10-2.4.1606 Decisions.

The Zoning Administrator shall, within thirty (30) days of determining the application complete, approve, approve with conditions, or deny the application based on the findings set forth in Section 10-2.4.1604, and may impose such conditions as it deems necessary to ensure the accommodation will comply with the findings required in Section 10-2.4.1604 and fair housing laws. As part of consideration of a request for a reasonable accommodation related to construction of new dwelling or dwellings, the Zoning Administrator may consult with the Design Review Commission regarding the requested accommodation and any options that may result in a reasonable accommodation. While any request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. (§6, Ord. 2131, eff. 7/18/14)

10-2.4.1607 Appeals.

The decision of the Zoning Administrator may be appealed in accordance with Section 10-2.4.502. Appeals are subject to payment of the fee imposed on appeals in the City's Master Fee Schedule. (§6, Ord. 2131, eff. 7/18/14)

10-2.4.1608 Nonconforming Status.

All improvements constructed under the auspices of this chapter shall be removed upon the vacation of the unit by the person to whom the reasonable accommodation was granted unless the Community Development Director, Zoning Administrator, Building Official, or other discretionary reviewing authority, as applicable, makes a determination as follows:

A. The unit has been reoccupied by a qualified person or such improvements provide benefit for future occupancy by a qualified person; or

B. The removal of the improvement is not readily achievable without making significant structural changes that would impact the safety and soundness of the structure, as determined solely by the Building Official, or such costs of removal equal or exceed twenty-five percent (25%) of the market value of the structure. (§6, Ord. 2131, eff. 7/18/14)

10-2.4.1609 Confidentiality.

Medical information provided to the City related to the person for whom a reasonable accommodation is being requested shall be retained in a manner so as to respect the privacy rights of the applicant to the extent feasible, shall be kept confidential and shall not be made available to the public, pursuant to State and Federal law. (§6, Ord. 2131, eff. 7/18/14)

10-2.4.1610 Urgent, Temporary and Unforeseen Need.

Upon receipt of the application required by Section 10-2.4.1602, but without the prior public hearing or notice required by Section 10-2.4.1603 and without the right of appeal provided by Section 10-2.4.1607, upon a showing of an urgent, temporary and unforeseen need made by or on behalf of an individual with a disability, the Zoning Administrator shall approve as a temporary reasonable accommodation temporary ramps and temporary and easily remediated alterations to a building that are not designed or intended nor allowed to remain for more than ninety (90) days following such approval during a period of temporary disability (ninety (90) days maximum) or during a period during which an application for reasonable accommodation has been made and has not been acted upon with finality. Any approved temporary reasonable accommodation shall be removed within the period of time established for such removal by the Zoning Administrator at the time of approval. (§6, Ord. 2131, eff. 7/18/14)

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▸ 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
    Overview
    1. Article 1 — Planning Agency
    2. Article 2 — Applications
    3. Article 3 — Notices and Hearings
    4. Article 4 — Decisions and Permit Review, Modification and Revo…
    5. Article 5 — Appeals
    6. Article 6 — Conditional Use Permits
    7. Article 7 — Special Use Permits
    8. Article 8 — Minor Use Permits
    9. Article 9 — Variances
    10. Article 10 — Planned Development (P-D) Permits
    11. Article 11 — Hillside Planned Development (H-P-D) Permit
    12. Article 12 — Design Review
    13. Article 13 — Amendments (Rezoning)
    14. Article 14 — Development Agreements
    15. Article 15 — Enforcement
    16. Article 16 — Reasonable Accommodation Application
    17. Article 17 — Community Benefit Agreements
    18. Chapter 3
    19. Chapter 3 — STREET NAMES AND ADDRESSES
    20. Chapter 5
    21. Chapter 5 — TRAFFIC IMPACT FEE
    22. Chapter 6
    23. Chapter 6 — WATER SUPPLY SYSTEMS
    24. Chapter 7
    25. Chapter 7 — SEWER SYSTEMS
    26. Chapter 8
    27. Chapter 8 — SIGN REGULATIONS
    28. Chapter 9
    29. Chapter 9 — GENERAL PLAN AND SPECIFIC PLANS
    30. Chapter 10
    31. Chapter 10 — PUBLIC ART
    32. Chapter 11
    33. Chapter 11 — PUBLIC IMPROVEMENT REIMBURSEMENTS
    34. Chapter 12
    35. Chapter 12 — DEDICATIONS FOR PARK PURPOSES
    36. Chapter 13
    37. Chapter 13 — FEE ON COMMERCIAL DEVELOPMENT FOR AFFORDABLE HOUS…

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