10-1.402 Tentative Maps.

1. General. The form and contents, submittal and approval of a tentative map for subdivisions of five (5) or more parcels shall be governed by the provisions of this section.

The words tentative map in this Chapter shall also mean vesting tentative map. Any application for a vesting tentative map shall be subject to the provisions of Article 12 in addition to this Article.

2. Form and Contents. The tentative map shall be prepared in a manner acceptable to the Community Development Department and shall be prepared by a registered civil engineer or licensed land surveyor.

The tentative map shall be clearly and legibly drawn on a single 600 mm x 900 mm [24" x 36"] sheet and contain not less than the following:

a. A title which shall contain the subdivision number, subdivision name and type of subdivision.

b. Name and address of legal owner, subdivider and person preparing the map, including registration or license number.

c. Sufficient legal description to define the boundary of the proposed subdivision.

d. Date, north arrow, scale, contour interval, and source and date of existing contours.

e. Existing and proposed land uses and zoning districts.

f. A vicinity map showing streets, highways, adjacent jurisdictions, adjoining subdivisions, and other data sufficient to locate the proposed subdivision and show its relation to the community.

g. Existing topography of the proposed site and at least thirty (30) meters [one hundred (100) feet] beyond its boundary, including but not limited to:

(1) Existing contours at 600 mm [2 foot] intervals if the existing ground slope is less than 10 percent and at not less than 1500 mm [5 foot] intervals for existing ground slopes greater than or equal to 10 percent. Contour intervals shall not be spread more than 46 meters [150 feet] apart. Existing contours shall be represented by dashed lines or by screened lines;

(2) Type, circumference and dripline of existing trees as defined by Chapter 8 of Title 3 (Preservation of Trees on Private Property) of the Walnut Creek Municipal Code. Any trees proposed to be removed shall be so indicated;

(3) The approximate location and outline of existing structures identified by type. Structures to be removed shall be so marked;

(4) The approximate location of all areas subject to inundation or storm water overflow and the location, width and direction of flow of each watercourse;

(5) The location, pavement and right-of-way width, grade and name of existing streets or highways;

(6) The widths, location and identity of all existing easements;

(7) The location and size of existing sanitary sewers, fire hydrants, water mains and storm drains and the location of fire hydrants. The approximate slope of existing sewers and storm drains shall be indicated. The location of existing overhead utility lines on peripheral streets, fire hydrants and street lights.

(8) The approximate location of the 60, 65 and 70 CNEL (community noise equivalent level) contours, if any.

h. Proposed improvements to be shown shall include but not be limited to:

(1) The location, grade, centerline radius and arc length of curves, pavement, right-of-way width, and name of all streets. Typical sections of all streets shall be shown. Proposed private streets shall be so indicated.

(2) The location and radius of all curb returns and cul-de-sacs;

(3) The location, width and purpose of all easements;

(4) The angle of intersecting streets if such angle deviates from a right angle by more than four degrees;

(5) The approximate lot layout and the approximate dimensions of each lot and of each building site. Engineering data shall show the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, the top and toe of cut-and-fill slopes to scale, and the number of each lot;

(6) Proposed contours at 600 mm [2-foot] intervals shall be shown if the existing ground slope is less than 10 percent, and not at less than 1500 mm [5-foot] intervals for existing ground slopes of 10 percent or more. A separate grading plan may be submitted;

(7) Proposed recreation sites, trails and parks for private or public use;

(8) Proposed common areas and areas to be dedicated to public open space;

(9) The location and size of sanitary sewers, water mains and storm drains and the location of fire hydrants. Proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated.

i. The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map.

j. All lettering size shall be print of legible size.

k. If the subdivider plans to develop the site in units, the proposed units and their proposed sequence of construction shall be shown.

l. The Community Development Department may waive any of the above tentative map requirements if the location and nature of the proposed subdivision or existing documentation demonstrate that a waiver is justified. The Community Development Department may require other drawings, data or information as deemed necessary.

3. Accompanying Data and Reports. The tentative map shall be accompanied by the following data or reports:

a. Street Names. A list of potential street names for any unnamed street or alley. The Community Development Department shall submit the list to the Street Naming Committee for comment and recommendations. Those comments and recommendations may be included in the staff report to the Planning Commission.

b. Soils Report. A preliminary soils report prepared in accordance with the City's Grading Ordinance shall be submitted. If the preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, could lead to structural defects, the soils report accompanying the final map shall contain an investigation of each lot within the subdivision. The City Engineer may require additional information or reject the report if it is found to be incomplete, inaccurate or unsatisfactory.

ary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, could lead to structural defects, the soils report accompanying the final map shall contain an investigation of each lot within the subdivision. The City Engineer may require additional information or reject the report if it is found to be incomplete, inaccurate or unsatisfactory.

The preliminary soils report may be waived if the City Engineer determines that, due to knowledge of the soil qualities in the subdivision, no preliminary analysis is necessary.

c. Title Report. A preliminary title report, showing the legal owners at the time of filing the tentative map.

d. Engineering Geology and/or Seismic Safety Report. If the subdivision lies within a "medium-risk" or "highrisk" geologic hazard area, as shown on maps on file in the Community Development Department, a preliminary engineering geology and/or seismic safety report, prepared in accordance with guidelines established by the Community Development Department. If the preliminary engineering geology and/or seismic safety report indicates the presence of geologic hazards or seismic hazards which, if not corrected, would lead to structural defects, an engineering geology and/or seismic safety report shall accompany the final map and shall contain an investigation of each lot within the subdivision.

e. School Site. The subdivider shall obtain from the school districts involved their intention, in writing, concerning the necessity for a school site and/or facilities, if any, within the subdivision and shall present this information to the Community Development Department prior to the consideration of the tentative map by the Planning Commission.

f. Environmental Assessment. The subdivider shall provide additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents.

g. Arborist's Report and Tree Removal Permit Application. If applicable, the subdivider shall submit a tree removal permit application in accordance with Title 3, Chapter 8 of this code and/or an arborist's report.

h. Vesting Tentative Maps. If applicable, the subdivider shall submit any information required under §101.1206.2.

i. Other Reports. Any other data or reports deemed necessary by the Community Development Department.

j. Relocation Assistance. If there will be displacement of persons residing in the existing residential units, applicant shall submit a relocation plan according to Title 9, Chapter 15 of this code.

Paragraphs a, c and d shall not apply to condominium conversions.

4. Submittal to Community Development Department. The tentative map shall be considered for filing only when the map conforms to Section 10-1.402.2 and when all accompanying data or reports, as required by subsection 10-1.402.3, have been submitted and accepted by the Community Development Department.

The subdivider shall file with the Community Development Department the number of tentative maps the director may deem necessary.

a. Determination of Complete Application. The Community Development Department shall determine whether the application is complete within thirty (30) days after receipt of the application and shall notify the applicant of its determination in writing. The application shall be determined as complete on the date a written "Certificate of Application Status", showing a complete application, is prepared by the Planning Division and mailed to the subdivider.

5. Community Development Department Review and Subdivision Conference. The Community Development Department shall forward copies of the tentative map to the affected public agencies which may, in turn, forward to the Community Development Department their findings and recommendations. Public agencies and utilities shall state that the subdivision can be adequately served.

Within five (5) days after the tentative map application is determined to be complete, the Community Development Department shall send a notice of the filing of the tentative map to the governing board of any elementary, high school or unified school district within the boundaries of which the subdivision is proposed to be located. The notice shall also contain information about the location of the proposed subdivision, the number of units, density, and any other information which would be relevant to the affected school district. The governing board may review the notice and may send a written report to the Planning Commission. The report shall indicate the impact of the proposed subdivision on the affected school district and shall make recommendations as the governing board of the district deems appropriate. In the event the school district fails to respond within a fifteen (15) day period from receipt of notice of the tentative map, the failure shall be deemed approval of the proposed subdivision by the school district. The Planning Commission shall consider the report from the school district in approving, conditionally approving or denying the tentative map.

Upon completion of review and preparation of any proposed conditions of approval by the Community Development Department and prior to the date the tentative map is scheduled for Planning Commission action, the Community Development Department may hold a subdivision conference on its own initiative. A subdivision conference shall be held if requested by the subdivider. Advance written notice of the subdivision conference shall be given to the subdivider or agent. The results of the subdivision conference and other relevant information and recommendations shall be reported to the Planning Commission. A copy of the report shall be served to the subdivider at least three (3) days prior to any hearing or action on the map by the Planning Commission.

Any requests for exceptions to the various conditions to be considered by the Planning Commission shall be filed, in writing, with the Community Development Director not later than the first working day following the subdivision conference.

6. Design Review Commission Review. Upon determination of a complete application, the application may, as determined by the Community Development Director, be referred to the Design Review Commission for preliminary review and comment. The Design Review Commission may advise the Planning Commission in writing of any comments it desires to make and any changes in the proposed plan it deems appropriate as a result of its preliminary review.

7. Planning Commission Action.

a. Notice of Public Hearings. Upon the determination of a complete application, completion of the subdivision conference, receipt of any recommendations from the Design Review Commission, and receipt of the Community Development Department's report and recommendations, the Secretary of the Planning Commission shall set the matter for public hearing. At least ten (10) calendar days before the public hearing, a notice shall be given of the time, date and place of the hearing including a general explanation of the matter to be considered and a general description of the area affected, and the street address, if any, of the property involved.

The notice shall be published at least once in a newspaper of general circulation, published and circulated in the City.

In addition to notice by publication, the Community Development Department shall give notice of the hearing by mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within ninety (90) meters [three hundred (300) feet] of the property which is the subject of the proposed application.

In addition, in the case of a proposed conversion of residential real property to a condominium, community apartment or stock cooperative project, notice shall be given as required by Section 66451.3 of the Subdivision Map Act.

In the event that the proposed application has been submitted by a person other than the property owner shown on the last equalized assessment roll, the City shall also give mailed notice to the owner of the property as shown on the last equalized assessment roll.

In addition, notice shall be given by first class mail to any person who has filed a written request with the Secretary of the Planning Commission. The request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year. The City may impose a reasonable fee on persons requesting the notice for the purpose of recovering the cost of the mailing.

Substantial compliance with these provisions for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken according to the procedures in the article.

At least three days prior to the public hearing, a copy of the Community Development Department report to the Planning Commission shall be delivered to the subdivider and, in the case of a proposed conversion of residential real property to a condominium project, community apartment project or stock cooperative project, to each tenant of the subject property.

b. Action.

(1) The Planning Commission shall approve, conditionally approve or deny the tentative map and shall report its decision to the City Council and the subdivider within fifty (50) days after certification of an environmental impact report, adoption of a negative declaration or a determination by the City that the project is exempt from the requirements of the California Environmental Quality Act. If applicable, the Planning Commission shall also approve, conditionally approve or deny a tree removal permit in accordance with Title 3, Chapter 8 of this Code.

(2) The approval, conditional approval, or denial shall be based on the ordinances, policies, and standards in effect on the date of notification to the subdivider of the determination that the application is complete according to §10-1.402.4.a. If the City has initiated formal proceedings and published notice of an ordinance or resolution amending ordinances, policies, and standards applicable to the subdivider's project prior to a complete application, the amended ordinances, policies, and standards in effect on the date of tentative map approval shall apply. If the subdivider requests changes in applicable ordinances, policies, and standards, and if they are adopted, the changes shall apply.

(3) If no action is taken by the Planning Commission within the time limit as specified, the tentative map application shall be deemed to be approved by the Planning Commission if it complies with other applicable provisions of the Subdivision Map Act, this chapter, other City ordinances and the General Plan, and it shall be the duty of the City Clerk to certify the approval. The appeal period shall begin on the date of such certification.

c. Approval.

(1) The Planning Commission may approve or conditionally approve the tentative map, if it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general and any applicable specific plans adopted by the City of Walnut Creek and all applicable provisions of this Code and if the tentative map provides, to the extent feasible, for future passive or natural heating or cooling opportunities.

(2) The Planning Commission may modify or delete any of the conditions of approval recommended in the Community Development Department's report, except conditions required by City ordinance or by the City Engineer, related to public health and safety or to standards approved by the City Engineer. The Planning Commission may add additional requirements as a condition of its approval.

(3) Whether or not such a condition is explicitly listed as a condition of approval, every approved tentative map shall be deemed to include a condition requiring the subdivider to defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attach, set aside, void or annul an approval of the City Council, Planning Commission or City Staff concerning a subdivision. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense.

harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attach, set aside, void or annul an approval of the City Council, Planning Commission or City Staff concerning a subdivision. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense.

d. Denial.

The tentative map may be denied by the Planning Commission on any of the grounds provided by this code or the Subdivision Map Act.

The Planning Commission shall deny approval of the tentative map if it makes any of the following findings:

(1) That the proposed map is not consistent with the General Plan, any applicable specific plans, or any applicable provision of this code;

(2) That the design or improvement of the proposed subdivision is not consistent with the General Plan or any applicable specific plans;

(3) That the site is not physically suitable for the type of development;

(4) That the site is not physically suitable for the proposed density of development;

(5) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the Planning Commission may approve such a tentative map if an environmental impact report was prepared with respect to the project and a finding is made pursuant to §21081(c) of the Public Resources Code that specific economic, social or other considerations make infeasible the mitigation measures and project alternatives identified in the environmental impact report.

(6) That the design of the subdivision or the type of improvements are likely to cause serious public health problems;

(7) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the Planning Commission may approve a map if it finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the Planning Commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

(8) That the land is subject to a contract under the Williamson Act and that the resulting parcels following the subdivision would be too small to sustain their agricultural use, subject to the exceptions listed in Section 66474(b) of the Subdivision Map Act.

e. City Council Review.

(1) Any member of the City Council may request that the City Council review the decision of the Planning Commission concerning the tentative map application by either making such request orally at the first City 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 request shall be deemed an appeal subject to the provisions of Section 10-1.402.7(g).

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.

(2) If the Council does not act within the time limits set forth in this article, the tentative map shall be deemed to have been approved or conditionally approved as set forth in the Planning Commission's report if it complies with all other applicable provisions of the Subdivision Map Act, this code and the General Plan.

f. Extension of Time for Planning Commission or City Council Action. The time limits set forth above for acting on the tentative map may be extended by mutual consent of the subdivider and the Planning Commission or the City Council.

g. Appeals of Planning Commission Action. Any action by the Planning Commission with respect to the tentative map may be appealed to the City Council by the subdivider, any tenant of the subject property or any other interested person adversely affected by the action. The appeal must be filed with the City Clerk within the (10) days after the action. The Council shall consider the appeal within thirty (30) days unless the subdivider consents to a continuance. This appeal shall be a public hearing after notice has been given pursuant to Section 10-1.402.7.a. In addition, notice shall be given to the subdivider, the appellant, and the Planning Commission. Upon conclusion of the public hearing, the Council shall, within seven (7) days, render its decision. The Council's review on appeal shall not be limited to the issues stated in the appeal. The Council may sustain, modify, reject or overrule any recommendations or rulings of the Planning Commission and may make such findings as are consistent with the provisions of this chapter or the Subdivision Map Act.

8. Expirations and Extensions.

a. Expiration.

(1) The approval or conditional approval of a tentative map shall expire twenty-four (24) months after the date of approval by the Planning Commission or, if applicable, the City Council. However, the expiration date shall be extended in accordance with Section 66452.6(a) of the Subdivision Map Act if the filing of multiple final maps is authorized by Section 10-1.403(2) and if the subdivider is required to provide off-site improvements in the amounts specified in Section 66452.6(a) of the Subdivision Map Act. An extension to the expiration date may be approved as provided in subsection (8)(b) of this section.

hall be extended in accordance with Section 66452.6(a) of the Subdivision Map Act if the filing of multiple final maps is authorized by Section 10-1.403(2) and if the subdivider is required to provide off-site improvements in the amounts specified in Section 66452.6(a) of the Subdivision Map Act. An extension to the expiration date may be approved as provided in subsection (8)(b) of this section.

(2) The period of time specified shall not include any period of time during which a development moratorium is in effect according to Section 66452.6(b) of the Subdivision Map Act.

(3) The period of time specified above shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map only if a stay of the time period is approved by the City Council. Within ten (10) days of the service of the initial petition or complaint upon the City, the subdivider shall, in writing, to the Community Development

Director, request a stay in the time period of the tentative map. Within forty (40) days after receiving the request, the City Council shall either stay the time period for up to five (5) years or deny the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant, and upon conclusion of the hearing, the City Council shall, within ten (10) days, declare its findings.

(4) Expiration of an approved or conditionally approved tentative or vesting tentative map shall terminate all proceedings and no final or parcel map of all or any portion of the real property included within the tentative map shall be filed without first processing a new tentative map.

(5) If the signed final map and agreement have been delivered to the City Engineer prior to the expiration of the tentative map, processing, approval and recording may occur after the expiration date of the tentative map.

b. Extensions.

(1) Request by Subdivider. The subdivider or the engineer may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the Community Development Department prior to expiration of the map. The map shall automatically be extended for sixty (60) days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first.

(2) Planning Commission Action. The Community Development Director shall review the request and submit the application for the extension, together with a report, to the Planning Commission for approval, conditional approval or denial at the next scheduled Planning Commission meeting. A copy of the Community Development Director's report shall be forwarded to the subdivider prior to the Planning Commission meeting on the extension. The resolution adopted by the Planning Commission approving or conditionally approving the extension shall specify the new expiration date of the tentative map.

(3) Time Limit of Extension. The expiration date may be extended pursuant to this section for a period or periods totaling no more than three (3) years.

(4) Conditions of Approval. As a condition of the extension of a tentative map, the Planning Commission may impose new conditions or revise existing conditions on the approved tentative map as recommended by the Community Development Department in its report or as it may find necessary.

(5) Appeal. The subdivider or any interested person adversely affected may appeal any action of the Planning Commission on the extension to the City Council within fifteen (15) days of such action in conformance to subsection (7)(a) of this section.

(6) Fee. The fee for processing an extension application shall be at actual cost. A deposit to be applied toward this fee may be required.

9. Amendments to Approved Tentative Map. Minor changes in the tentative map may be approved by the Community Development Department upon application by the subdivider or on its own initiative, provided:

a. No lots, units or building sites are added;

b. Such changes are consistent with the intent and spirit of the original tentative map approval; and

c. There are no resulting violations of the Walnut Creek Municipal Code.

Any such minor amendment shall be approved by the Community Development Director and the City Engineer. The amendment shall be indicated on the approved map and signed by the Community Development Director

and the City Engineer.

Amendments of the tentative map which the Community Development Department determines are not minor shall be presented to the Planning Commission for approval. Processing shall be in accordance with subsections (6) and (7) of this section.

Any approved amendment shall not alter the expiration date of the tentative map. (§18, Ord. 2209, eff. 3/19/21; §3, Ord. 2239, eff. 7/5/24)