10-1.501 Tentative Parcel Map.

1. General. The form and contents, submittal and approval of tentative parcel maps for four (4) or fewer parcels shall conform to the provisions of this article. The map shall be prepared by a registered civil engineer or licensed land surveyor.

2. Form and Content, Accompanying Data and Reports. The tentative map shall be prepared in a manner acceptable to the Community Development Department by a registered civil engineer or licensed land surveyor. The form and contents shall comply and be consistent with the requirements of §10-1.402.2 and the accompanying data and reports shall comply and be consistent with §10-1.402.3. The Community Development Department may require additional information or may waive any of these requirements if the location and nature of the proposed subdivision or existing documentation demonstrates that a waiver is justified.

3. Department Review. The tentative map application shall be filed with the Community Development Department for review in accordance with the provisions of Sections 10-1.402.4 and 10-1.402.5.

4. Notice of Public Hearings. Upon completion of the review and upon receipt of a complete application for the tentative map, the Zoning Administrator 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 City 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 [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 §66451.3 of the Subdivision Map Act.

In the event that the proposed subdivision has been requested by a person other than the property owner as such property owner is 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. A request may be submitted at any time during the calendar year and shall apply for the balance of a calendar year. The City may impose a reasonable fee on persons requesting notice for the purpose of recovering the cost of 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 pursuant to the procedures set forth in this article.

The Zoning Administrator may require that the public hearing be held by the Planning Commission when there is extraordinary public concern about the subdivision. The hearing and action shall be in accordance with Section 10-1.402.7.d of this ordinance.

5. Action by Zoning Administrator. After the conclusion of the public hearing, the Zoning Administrator shall approve, conditionally approve, or deny the tentative map in accordance with the provisions of §§10-1.402.7.c. and 10-1.402.7.d. The decision, along with any conditions imposed, shall be mailed to the applicant and engineer. If the tentative map is denied, the applicant and the engineer shall be so notified in writing with a statement of the reasons for denial. If the map is approved, it shall be signed and dated by the Zoning Administrator.

6. Approval and/or Denial. In approving or conditionally approving the tentative map, the Zoning Administrator shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with the General Plan and any applicable specific plans adopted by the City 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. 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.

The tentative parcel map may be denied for any reason provided by City ordinances, resolutions, or the Subdivision Map Act. The Zoning Administrator shall deny approval of the tentative parcel map if any of the findings contained in Section 10-1.402(7)(d) are made.

7. Appeals of Zoning Administrator Action.

a. By Subdivider. If the subdivider disagrees with any action by the Zoning Administrator with respect to the tentative map, the subdivider may, within ten (10) days of the decision, file an appeal within the secretary of the

Planning Commission.

b. By Interested Persons Adversely Affected. Any interested person adversely affected by a decision of the Zoning Administrator with respect to the tentative map may, within ten (10) days of such decision, file an appeal with the secretary of the Planning Commission.

c. By Tenants. Any tenant of the property being subdivided in the course of a proposed conversion of residential real property to a condominium, community apartment or stock cooperative project may, within ten (10) days of a decision by the Zoning Administrator concerning the tentative map, file an appeal with the secretary of the Planning Commission.

d. Planning Commission Action. The Planning Commission shall consider the appeal within thirty (30) days of the filing of the appeal. This appeal shall be a public hearing with notice being given pursuant to Section 10-1.402.7 and with additional notices to be given to the subdivider and to the affected interested persons. Upon conclusion of the public hearing the Planning Commission shall within seven (7) days declare its findings. The Planning Commission may sustain, modify, reject or overrule any recommendations or rulings of the Community Development Department and may make findings as are consistent with the provisions of this chapter and the Subdivision Map Act.

Any interested person adversely affected by a decision of the Planning Commission with respect to the tentative map may file an appeal with the City Council concerning the decision. The procedure contained in Section 101.402.7 shall apply.

8. Expiration and Extensions.

a. Expiration. The approval or conditional approval of the tentative parcel map shall expire twenty-four (24) months from the date of its approval by the Zoning Administrator, Planning Commission or City Council, whichever occurs last.

The period of time specified 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 such 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.

The period of time specified shall not include any period of time during which a development moratorium is in effect according to Section 66463.5 of the Subdivision Map Act.

The expiration of the approved or conditionally approved tentative parcel map shall terminate all proceedings and no parcel map of all or any portion of the real property included within the tentative parcel map shall be filed without first processing a new tentative parcel map.

If the signed parcel map and agreement, if required, are submitted to the City Engineer prior to the expiration of the tentative map, approval, processing and recording may occur after the expiration date of the tentative map.

b. Extensions.

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

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

(2) Zoning Administrator Action. The Zoning Administrator shall review the request for extension for approval, conditional approval or denial. The Zoning Administrator shall make a written determination on the request and, if approved or conditionally approved, shall specify the new expiration date.

(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 Zoning Administrator may impose new conditions or revise existing conditions of the tentative map.

(5) Appeal. The subdivider may appeal any action of the Zoning Administrator concerning an extension to the Planning Commission within fifteen (15) days of such action in conformance with Section 10-1.501.7.

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

9. Amendments to the Approved Tentative Map. Amendments to the tentative map or conditions of approval 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 of the original tentative map approval; and

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

Any revision shall be approved by the Zoning Administrator. The revision shall be denoted on the approved tentative map and/or in writing to the subdivider, whichever is appropriate.

Any amendment shall not affect the expiration date of the approved tentative map.

The Zoning Administrator may require a new tentative parcel map application in lieu of the above procedure when, in his or her opinion, requested changes are substantial enough to warrant refiling and reprocessing. (§18, Ord. 2209, eff. 3/19/21; §3, Ord. 2239, eff. 7/5/24)