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Part IV — ADMINISTRATION

Chapter 5 — TRAFFIC IMPACT FEE

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

Article 1. General Provisions

Article 1 of Chapter 5, of Title 10 (Planning and Zoning) of the Walnut Creek Municipal Code repealed by Section 1, Ordinance No. 1723, eff. 9/8/89 and reenacted to read as follows:

10-5.101 Purpose.

In order to implement the goals and objectives of the Circulation Element of the City of Walnut Creek's General Plan, and to reduce the traffic impacts caused by new development in all of the City, certain public roads, bikeways, HOV, pedestrian, and parking facilities must be constructed, and transit services provided. The City Council has determined that a traffic impact fee is needed to finance these public improvements and to pay for the development's fair share of the construction costs of these improvements. In establishing the fee described in the following Sections, the City Council has found the fee to be consistent with its General Plan pursuant to Government Code Section 65913.2, and has considered the effects of the fee with respect to the City's housing needs as established in the Housing Element of the General Plan.

10-5.102 Citywide Traffic Fee to Help Mitigate Future Traffic Impacts.

A citywide Traffic Impact Mitigation Fee is hereby established on development in the City to pay for transportation improvements including public roads, bikeways, transit services, HOV, pedestrian, and parking facilities. The City Council shall, in a Council resolution, set forth the specific amount of the fee, describe the area in which the traffic impact mitigation fee is imposed, list the specific public improvements to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between the fee and the various types of development and set forth time for payment. As described in the fee resolution, the traffic impact mitigation fee shall be paid by each developer either prior to issuance of building permit or prior to issuance of a certificate of occupancy for the commercial or industrial project or the respective dwelling units in a residential project, depending on the applicability of Government Code Section 66007. On a biennial basis, the City Council shall review the proposed transportation improvements as part of the Capital Improvement Program and determine whether the fees continue to be reasonably related to the impacts of developments and whether the described public facilities are still needed.

10-5.103 Limited Use of Fees.

The revenues raised by payment of the fee shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely to:

(a) pay for the City's future construction of facilities described in the resolution enacted pursuant to Section 105.102 above, or to reimburse the City for those described or listed facilities constructed by the City with funds advanced by the City from other sources, or

(b) reimburse developers who have been required or permitted by Section 10-5.104, to install such listed facilities which are oversized with supplemental size, length, or capacity. (§1, Ord. 1723, eff. 9/8/89)

10-5.104 Developer Construction of Facilities.

Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in a resolution adopted pursuant to Section 10-5.102 which is determined by the City to have supplemental size, length or capacity over that needed for the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this

ordinance on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development. (§1, Ord. 1723, eff. 9/8/89)

10-5.105 Fee Adjustments.

A developer of any project subject to the fee described in Section 10-5.102 may apply to the City Council for a reduction or adjustment to the fee, or a waiver of the fee, based upon the absence of any reasonable relationship or nexus between the traffic and transportation impacts of that development and the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the City Clerk not later than (1) ten days prior to the public hearing on the development permit application for the project, or (2) if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The City Council shall consider the application at the public hearing on the permit application or at a separate hearing held within 60 days after the filing of the fee adjustment application, whichever is later. The decision of the City Council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee. (§1, Ord. 1723, eff. 9/8/89)

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The Walnut Creek Municipal Code is current through Ordinance 2251, passed August 16, 2025.

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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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