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  Minor Use Permit Process
Minor use permits are required for constructing fences over the established height limit and for keeping livestock or poultry. Approval of a minor use permit will be made based on whether the proposal is suitable to the zoning district and site. Conditions may be imposed to ensure that the proposed minor use will be compatible with the project environment. This document is designed to guide you through each step of the process to help make your project a successful one.

HOW DO I GET A USE PERMIT?
1. Project Consideration
    Carefully review the General Plan and Zoning Ordinance requirements for the project site. Your proposal must be consistent with both documents. For your convenience, these documents are available on the City's Internet site. Community Development Department (CDD) staff should be consulted about the project and the conditions that may be imposed if your request is approved.
2. Review by Staff Preliminary Review Team
    You may submit a preliminary proposal to the CDD Preliminary Review Team (PRT) prior to the formal application. This allows staff to review the request and provide useful information that may save time and expensive revisions later in the process. The City's PRT meets weekly and is intended to provide feedback on preliminary requests. PRT is a cursory review, not a comprehensive analysis of the project.
3. Filing Fee
    You must file an initial deposit which will be applied to hours billed by the City for professional time spent processing the request. However, the actual fee may be more or less than the initial deposit. If the charges are less than the deposit, the remainder will be refunded; if more, you will be billed the balance. You must sign a Statement of Understanding acknowledging the City's fee structure.
4. Filing the Application
    Submit the completed application, filing fee and other required information to the Planning Division of the CDD. A staff project planner will be assigned to ensure that all the required information is included with your application, and will guide you through the remaining steps of the process. You will be notified within 30 days after filing as to whether your application is complete or what additional information is required. See "Application Requirements" below for further details.
5. Environmental Review
    Most minor use permits are exempt from environmental review. If environmental review is required, staff must conduct an environmental assessment to determine if the proposed project will produce any adverse environmental impacts. For information, refer to Environmental Review Procedures. For further questions, consult with your assigned planner.
6. Staff Review
    The assigned staff planner will study the application and research similar proposals in the area as well as make an investigation of the site. At least 10 days prior to the public hearing, property owners within 300 feet of the subject property will be notified by mail of the forthcoming hearing. A notice of the public hearing will also be posted in prominent locations around the site. The notices will give the time, date and place of the meeting, as well as identify the nature of the proposed minor use permit.
7. Zoning Administrator Decision
    At the public hearing, the Zoning Administrator (ZA) will explain the nature of the minor use permit request and the applicable Code provisions. You, or a representative you designate, may then present testimony giving reasons for the need of a minor use permit. Neighbors or other interested parties are invited to testify (in person or in writing) in support for or against the request. These hearings normally operate on an informal basis and take place in the afternoon at the Community Development Department office.
    After hearing all testimony, the ZA will take one of the following actions: (1) close the public hearing and either approve, conditionally approve or deny the minor use permit; (2) continue the public hearing to a later date and place; (3) close the public hearing and postpone the decision to a later date, or (4) reach an agreement with you on a solution that would not require a minor use permit. You will be mailed written findings of the decision and, if approved, a listing of any required conditions of approval.

WHO HAS THE FINAL SAY?
    The Zoning Administrator's decision is final unless an appeal is filed by any interested person. The appeal must be made within 10 days after notice of the decision is mailed to the applicant and anyone who requests such notice. Upon the receipt of a valid appeal from a decision of the Zoning Administrator, a public hearing will be scheduled before the Planning Commission, giving applicable public notice. After the public hearing, a decision will be made either affirming, modifying or reversing the decision of the Zoning Administrator. The Planning Commission's decision may be appealed to the City Council.

HOW LONG DOES THE PROCESS TAKE?
    The estimated time for processing a minor use permit application will vary depending upon the complexity, controversy, and magnitude of the project together with staff workload. You will be notified within 30 days as to whether the project application is complete, or whether the application requires additional information. Once the application is accepted as complete, it will take approximately four to six weeks to process the application and for the Zoning Administrator to reach a decision. In the very few instances when environmental review is required, add up to 10 - 15 weeks in the case of a Negative Declaration or Mitigated Negative Declaration, and 6 - 8 months in the case of an Environmental Impact Report. See Environmental Review Procedures, available in the Planning Division, for further information.

APPLICATION REQUIREMENTS
  • Complete and sign application forms.
  • Provide an initial deposit in accordance with the City's fee and deposit schedule.  The account will be billed at an hourly rate. Make checks payable to the City of Walnut Creek.
  • Sign and submit a Statement of Understanding acknowledging the City's billing structure.
  • Submit a letter to the Planning Manager describing the proposed project in detail and giving reasons why the minor use permit application should be granted. Include the nature of the use, type of operation, why the project will benefit or not adversely affect the surrounding neighborhood, and any other pertinent data.
  • Submit the data required for applications sent to the Design Review Commission (see Design Review Guidelines).
  • Provide site photographs showing topography, vegetation and landscaping, existing and adjacent structures.
  • Provide site plans and diagrams no larger than 24" x 36". Plans must be clear, fully dimensioned and scaled as necessary, but data may be combined when feasible. Plans must show the following data:
  • Legend including scale (1" = _ ') and north arrow;
  • Vicinity map indicating nearby cross streets in relation to site (need not be to scale);
  • Exterior boundary lines of the property indicating easements, dimensions and lot size;
  • All adjacent streets or public rights-of-way, including bicycle, equestrian and hiking trails;
  • Location, elevations, size, height, dimensions, materials, colors, and proposed use of all buildings and structures (including walls, fences, signs, lighting and hooding devices) existing and those intended to remain on the site;
  • Distances between all structures and between all property lines or easements and structures;
  • Any nearby buildings which are relevant to this application;
  • All existing trees (as defined in Title 3, Chapter 8 Section 3-8.02, Municipal Code) on the site, giving type and location and any other significant plant material, with a notation as to those that are to be retained and those that are to be removed;
  • Any existing significant natural features such as rock outcroppings, highly protected trees, creeks, knolls, and ridgelines;
  • Location, number of spaces, and dimensions of off-street parking spaces, loading docks, and maneuvering areas, with internal circulation indicated;
  • Pedestrian, vehicular, and service points of ingress and egress, driveway widths, and distances between driveways;
  • Proposed landscaping, including quantity, location, varieties, and container size;
  • Proposed grading plan (for sites having over 5-foot grade differential), showing direction and path of drainage on, through and off the site; indicate any proposed drainage channels or facilities;
  • Required and existing street dedications and improvements, such as sidewalks, curbing and pavement. Indicate widths, radii of curves, street grades and whether streets are public or private; and,
  • Other such data as may be required to permit the Planning Commission to make the required findings for approval of the specific type of application and to permit an environmental review of the application.
TIPS FOR SUCCESS
A. Review Site History
    Research the site history and obtain aerial photographs from the City. Information regarding past applications on any property which may provide valuable information is available either through the Planning Division or Building Division.
B. Comply with all Zoning Requirements
    Review the Zoning Ordinance provisions that pertain to the site. Do not rely solely on oral information given at the counter. Ask for copies of the code provisions and clarification for those items you do not understand.
C. Review the General Plan
    Obtain copies of General Plan provisions that pertain to the site. Examine the Floor Area Ratio Map, the Height Map, the Setback Map and the Land Use Descriptions.
D. Use Quality Design Professionals
    Use the highest quality design professionals, as this will be the single most important aspect of your project. Architects, engineers and consultants are trained in the development field. The quality of the plans and project presentation reflect on the quality of the application.
E. Respect the Character of the Area
    Give thoughtful consideration to the life of the project, the proposed use and its contributions to the community. Remember, a proposed development does not stop at the property lines.
F. Maintain Public Contact
    Obtain a copy of the mailing list for your project's public hearing and prepare your own correspondence. You may wish to meet with neighboring property owners to discuss your proposal prior to filing the application.
G. Follow up with Outside Agencies
    Initiate direct contact with key people from outside agencies where your project is referred. Many times you can answer questions or provide additional information that will reduce the time it takes to review your project.