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Part IV — ADMINISTRATION

Article 5 — Appeals

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

10-2.4.501 Standards for Appeals.

In considering an appeal, the reviewing body shall conduct a de novo hearing, considering the appeal as a new matter. The reviewing body shall apply all laws and ordinances to the application as they exist at the time of the hearing on the appeal. The original applicant shall have the burden of proof. In considering the appeal, the reviewing body shall not be limited to the issues raised by the appellant. The reviewing body may grant, conditionally grant or deny the application. The reviewing body shall act on the appeal even if the appellant withdraws his or her appeal, but in such case may act without conducting a public hearing.

10-2.4.502 Appeals of Zoning Administrator Decisions.

A. Notice of Appeal. Within ten (10) days after the date the Zoning Administrator mails his or her decision on the application to the applicant, the applicant or any interested person may appeal to the Planning Commission by filing a "notice of appeal" with the City Clerk who shall immediately transmit a copy to the Community Development Director and a copy to the applicant in the event the appellant is not the applicant. The notice of appeal shall specify the person making the appeal, the decision appealed from, and shall state in clear and concise language the reasons for the appeal. Notice of appeal forms shall be supplied by the City Clerk.

B. Appeal by City Manager. Within ten (10) days after the date of mailing of a decision of the Zoning Administrator, the City Manager on behalf of the City may appeal to the Planning Commission a decision of the Zoning Administrator that adversely affects the City by filing a "notice of appeal" with the City Clerk, who shall immediately transmit a copy to the Community Development Director and a copy to the applicant. The notice of appeal shall specify the decision appealed from and shall state in clear and concise language the reasons for the appeal. When such appeal is filed, all provisions of this section relating to appeals shall apply.

C. Public Notice and Hearing. Upon the receipt of a valid appeal from a decision of the Zoning Administrator, the Community Development Director shall, within a reasonable period of time, set a public hearing on the matter before the Planning Commission. Public notice shall be given in the manner specified in Part IV, Article 3 of this chapter.

D. Planning Commission Decision on Appeal. After the public hearing on an appeal, the Planning Commission may reverse, affirm or modify the decision of the Zoning Administrator. In taking such action, the Planning Commission shall make all findings required by this part which relate to the type of application under consideration. The decision of the Planning Commission on any appeal shall be final and conclusive in the matter. Decisions, as defined in Code of Civil Procedure Section 1094.6(e), made by the Planning Commission regarding appeals of Zoning Administrator decisions shall be subject to judicial review only if the petition for writ of mandate is filed within the time limits specified in Code of Civil Procedure Section 1094.6. (§13, Ord. 2134, eff. 11/20/14; §4, Ord. 2239, eff. 7/5/24)

10-2.4.503 Appeals of Design Review Commission Decisions.

A. Notice of Appeal. Within ten (10) days after mailing a decision of the Design Review Commission, any interested person may appeal to the Planning Commission by filing a "notice of appeal" with the City Clerk. The City Clerk shall immediately transmit a copy to the Community Development Director and, in the event the appellant is not the applicant, a copy to the applicant. The notice of appeal shall specify the person making the appeal, the decision appealed from, and shall state in clear and concise language the reasons for the appeal. Notice of appeal forms shall be supplied by the City Clerk.

B. Appeal by City Manager. Within ten (10) days after the date of mailing of a decision of the Design Review Commission, the City Manager on behalf of the City may appeal to the Planning Commission a decision of the Design Review Commission which adversely affects the City by filing a "notice of appeal" with the City Clerk, who shall immediately transmit a copy to the Community Development Director and a copy to the applicant. The notice of appeal shall specify the decision appealed from and shall state in clear and concise language the reasons for the appeal. When such appeal is filed, all provisions of this article relating to appeals shall apply.

C. Notice and Public Hearing. Upon the receipt of a valid appeal from a decision of the Design Review Commission, the Community Development Director shall schedule a public hearing before the Planning Commission within a reasonable period of time. Notice of the public hearing shall be given in the manner specified in Part IV, Article 3 of this chapter.

D. Planning Commission Decision on Appeal. After the public hearing on an appeal, the Planning Commission may refer the matter back to the Design Review Commission for further consideration, or may reverse, affirm or modify the decision of the Commission. The Planning Commission may continue the matter from time to time, and its findings and decision on the appeal shall be final and conclusive in the matter. Decisions, as defined in Code of Civil Procedure Section 1094.6(e), made by the Planning Commission regarding appeals of Design Review Commission decisions shall be subject to judicial review only if the petition for writ of mandate is filed within the time limits specified in Code of Civil Procedure Section 1094.6. (§14, Ord. 2134, eff. 11/20/14)

10-2.4.504 Appeals of Planning Commission Decisions.

A. Notice of Appeal. Within ten (10) days after mailing a decision of the Planning Commission, any interested person may appeal to the City Council by filing a "notice of appeal" with the City Clerk. The City Clerk shall immediately transmit a copy to the Community Development Director and a copy to the applicant, in the event the appellant is not the applicant. The notice of appeal shall specify the person making the appeal, the decision appealed from, and shall state in clear and concise language the reasons for the appeal. Notice of appeal forms shall be supplied by the City Clerk.

B. Review by Council. Any member of the City Council shall have authority to request the Council to review any decision of the Planning Commission by either making such request orally at the first Council meeting following the Commission meeting at which such decision was made or by filing a written request with the City Clerk prior to the expiration of the time during which an appeal can be made. When such review is requested by any member of the City Council, the review shall be processed in the same manner as an appeal and all procedures set forth in this article shall apply. A request for review need not state the reasons for the request. A request for review shall not be deemed to be an allegation of any flaw in or a pre-judgment of the decision below, nor shall it affect any Council member's right to approve or disapprove the decision below.

C. Appeal by City Manager. Within ten (10) days after the date of a decision of the Planning Commission, the City Manager on behalf of the City may appeal to the City Council a decision of the Commission that adversely affects the City by filing a "notice of appeal" with the City Clerk. The City Clerk shall immediately transmit a copy to the Community Development Director and a copy to the applicant. The notice of appeal shall specify the decision appealed from and shall state in clear and concise language the reasons for the appeal. When such appeal is filed, all provisions of this section relating to appeals shall apply.

D. Notice and Public Hearing. After the filing of the notice of appeal, the City Clerk shall schedule a public hearing before the City Council within a reasonable period of time. Notice of the public hearing shall be given in the manner specified in Part IV, Article 3 of this chapter.

E. Council Decision on Appeals. After the public hearing on an appeal, the City Council may refer the matter back to the Planning Commission for further consideration, or may reverse, affirm or modify the decision of the Commission. (§16, Ord. 2134, eff. 11/20/14; §4, Ord. 2239, eff. 7/5/24)

10-2.4.505 Appeals of Community Development Director Decisions.

Except for actions taken by the Community Development Director on an application for design review approval as provided for in Article 12 of this chapter, or as otherwise provided in this chapter, any decision, action or determination of the Community Development Director is final and is not appealable. The Community Development Director may, but is not required to, refer any question concerning the interpretation or application of this chapter to the Planning Commission for review. For those decisions that are appealable, the procedures established in Section 10-2.4.502 shall apply, insofar as they may be made applicable. (§15, Ord. 2134, eff. 11/20/14; §4, Ord. 2239, eff. 7/5/24. Formerly 10-2.4.504)

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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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