Walnut Creek City Council Meeting: April 7, 2026 - Mitchell Townhomes Appeals Denied
Walnut Creek City Council Special Meeting (Closed Session) and Regular Meeting - April 7, 2026
The Walnut Creek City Council met on April 7, 2026, starting with a special closed session at 4:00 p.m. to discuss anticipated and existing litigation, followed by a regular meeting at 6:00 p.m. that adjourned at 11:33 p.m. The main item was a public hearing on two appeals of the Planning Commission's approval of the Mitchell Townhomes project, a 422-unit townhome development under the Builder's Remedy provision of the Housing Accountability Act. The Council voted 4-1 to deny both appeals and affirm the Planning Commission's decision, with Mayor Wilk dissenting. The Council added two conditions: an 8-foot green screen fence along Shadelands Drive and a notification requirement for demolition/construction activities to property owners within 300 feet.
Proclamations and Presentations
- Proclamation for Joan Lucchese for her service as Executive Director of Gardens at Heather Farm.
- Proclamation for Clean Contra Costa Month (April 2026), presented by Stacey Martin Bonaduce of Sustainable Contra Costa, noting over 949 Walnut Creek households saved $85,000 and 180 tons of CO2.
- Proclamation for National Public Safety Telecommunicators Week (April 12-18, 2026), accepted by dispatcher Zachary Rekal.
- Presentation by Marin Clean Energy (MCE) by Chiara Donato, highlighting MCE's services, 90% customer enrollment in Walnut Creek, $386,000 in EV rebates, 112 charging stations, and $1.7 million in energy efficiency programs.
Consent Calendar
- Items 2a, 2b, 2d, 2e approved unanimously: approval of March 17, 2026 minutes; acceptance of warrant registers; authorization to increase Kimley-Horn contract to $500,000 for traffic engineering services; authorization of $176,000 contract for Highway Safety Improvement Project design.
- Item 2c (Clean Water Program agreements) pulled by Councilmember DeVinney for comment, then adopted unanimously via separate motion (Resolutions 26-14 and 26-15).
Public Comments & Testimony
- Public Communications (non-agenda): Speakers included Jan Warren (discussed SB 913 and SB 1117 on ADUs), Kitty Cole and Dorothy Abeyta (UC Master Gardeners promoting programs and tomato plant sale), and Dongmei.
- Public Hearing on Mitchell Townhomes Appeals: Over 20 speakers. In support: Brianna Morales (Housing Action Coalition), Matt Regan (Bay Area Council), Susan Lee Vick, Wendy Taylor-Tanielian, Alyssa Stone, Lisa Moore (Joybound People and Pets), Jan Warren, Donna Colombo, Mark Orcutt (East Bay Leadership Council), Jason Lester (UA Local 159), and Stephen Black. In opposition or requesting conditions: Steve Rothman, Susanne Rheingruber, Ann Meyer, Dongmei, Howard Gruber, Bob Asfour (all Via Monte residents), and Steve Elster (Friends of Walnut Creek).
Discussion Items
- Appeal 1 (Steve Elster/Friends of Walnut Creek): Argued Builder's Remedy does not apply because the city's housing element was substantially compliant before the application; EIR lacked adequate analysis of a senior living alternative; traffic study used incorrect ITE code; and inadequate public noticing.
- Appeal 2 (Mike Heller/Via Monte residents): Requested additional conditions: 8-foot solid dust barrier, redwood tree replacement, continuous air quality monitoring, right-in/right-out at eastern driveway, and advanced notice of construction schedules.
- Staff and Consultant Responses: Staff affirmed Builder's Remedy applies per state law (HCD certification date). Senior living alternative was analyzed and found infeasible. Traffic study used correct ITE code (general office, not office park) and was peer-reviewed. CEQA analysis found all impacts mitigable to less than significant. Added condition of approval for notification (errata sheet).
- Council Deliberation: Councilmembers discussed the legal constraints of Builder's Remedy, the need for housing, and the project's merits. The applicant agreed to an 8-foot green screen fence (non-porous barrier) and to maintain communication with Via Monte. The city attorney noted the legal standard for denial under Builder's Remedy is high and not met.
Key Outcomes
- Vote on Mitchell Townhomes Appeals: Motion by Mayor Pro Tem Francois, seconded by Councilmember Silva, to deny both appeals and affirm the Planning Commission's decision, with added conditions: (1) 8-foot green screen fence along Shadelands Drive, and (2) Condition of Approval No. 102 as revised in errata (notification to property owners within 300 feet). Passed 4-1 (Darling, DeVinney, Silva, Francois in favor; Wilk opposed).
- Resolutions 26-18 and 26-19 adopted certifying the EIR and approving entitlements for the Mitchell Townhomes project.
- Public Hearing 5a (Business Improvement Districts): Unanimously adopted Resolutions 26-16 and 26-17 levying annual assessments for the Downtown Walnut Creek BID and Downtown Walnut Creek South BID for FY 2027. No protests received.
- City Manager Report: Outdoor Dining Incentive Program extended to June 30, 2026; seven restaurants have built outdoor dining with $10,000 grants; three grants remain available.
- Councilmember Reports: Included updates on MCE board, Recycle Smart, Sister Cities exchange with Noceto and Siofok, and a delegation to Kita City, Japan.
Meeting Transcript
Good afternoon. I'm Kevin Wilk, Mayor of the City of Walnut Creek, and welcome to the Tuesday, April 7th, 2026 special meeting of the Walnut Creek City Council. This special meeting is called for the purpose of holding a closed session related to the following conference with legal counsel, anticipated litigation, one potential case, and conference with legal counsel existing litigation of one case. Under California law, public comments at special meetings are limited to subjects on the agenda only. Therefore, public comments will be received at this time for the item previously mentioned. After an opportunity for public comment, unless somebody walks into the next five seconds, the city council will reconvene for the closed session discussion. So let's reconvene. We are going on second. The City Council is conducting this meeting from the City Council Chamber. This meeting is being video streamed and can be viewed live or later on the city's website. As some attendees may be participating in their first Walnut Creek City Council meeting, I wanted to welcome everyone and talk briefly about the public comment process. For each agenda item, there will be an opportunity for public comment on the item. Thus, if you desire to speak to an item on the agenda this evening, please hold your comments until the city council considers that item. Additionally, we have a section on the agenda titled Public Communications, which is for public comments for items not on the agenda. Any comments during public communication should not relate to an item that is on the agenda this evening. Consistent with section 9.5 of the City Council Handbook, 30 minutes will be initially allocated for public communications for items not on the agenda. Additional time for public communications for items not on the agenda will be provided at the end of the open session portion of the meeting if necessary. If you desire to provide a public comment, please complete a speaker identification card and line up behind the lectern at the appropriate time. Wait your turn, and then when you approach the lectern, please state your name and city of residence for the record. You will have two minutes to address the city council. Please keep in mind that this is a city business meeting. The City Council has adopted rules of decorum to ensure that meetings are conducted efficiently and effectively, and that all members of the public have a full, fair and equal opportunity to be heard. The City Council Handbook outlines decorum expected in the council chamber and can be found on our website. All remarks should be addressed to the City Council. Please do not use threatening, profane, or abusive language, which disrupts, disturbs, or otherwise impedes the orderly conduct of the council meeting. Again, each speaker will have two minutes to make your remarks. Written comments submitted and received up to two hours before the meeting have been posted to the city's website for public review and are included in the meeting record, but will not be separately read into the record. Well, good evening to this full House. I'm Kevin Wilk, Mayor of the City of Walnut Creek, and welcome to the Tuesday, April 7th, 2026 regular meeting of the Walnut Creek City Council. And if you'd all please join me in the Pledge of Allegiance. One nation under God, individual with liberty and justice for all. Thank you. And City Clerk Susie Martinez, would you please call the role? Councilmember Darling. Here. Councilmember Dimini. Here. Council Member Silva. Here. Mayor Pro Tem Francois. Here. And Mayor Wilk. Here. All right. Um is a proclamation for Joan Lucasy Gardens at the Heather Farms. And I invite Joan Lucasy to please come forward to accept the proclamation. So Joan Lucci first connected with the garden at Heather Farms as a young mother, regularly visiting the picnic, explore and learn about the plants and flowers with her children. Later she returned as a volunteer to support garden maintenance and propagation, eventually joining the board of directors and working her way into the interim co-executive director position. Joan has served as the executive director at the gardens at Heather Farms since 2014. And through her leadership, she's guided the gardens at Heather Farms through a transformative era of growth and stability, strengthen its financial foundation through grant writing and major donor cultivation, and expanded programs and facilities that significantly enhance the garden's reach and impact.
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