10-1.303 Division of Land—Four or Fewer Parcels. (Minor Subdivisions).

A tentative map and parcel map shall be required for all divisions of land into four (4) or fewer parcels, except that such maps shall not be required for:

1. Subdivisions of a portion of the operating right-of-way of a railroad corporation, defined by Section 230 of the Public Utilities Code, which are created by short-term leases terminable by either party on not more than thirty (30) days' notice in writing.

2. Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to the public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. The foregoing exemption shall only apply if, prior to the conveyance, the owner of the subject land complies with this section. The owner shall submit an application for exemption in the form and with such information as is required by the City Engineer. Upon receipt of a complete application by the Zoning Administrator, the Zoning Administrator shall either determine that the exemption applies, determine that the exemption applies subject to conditions or determine that public policy necessitates a parcel map. In making this determination, the Zoning Administrator shall consider any written materials submitted by the applicant or any interested party. The Zoning Administrator shall notify the applicant of the determination in writing. If the Zoning Administrator determines that a parcel map is necessary, the applicant shall not subdivide the subject land without obtaining City approval of a parcel map pursuant to this chapter. Notwithstanding the foregoing, a tentative map and parcel map for a division of land into four (4) or fewer parcels shall not be required for the dedication of land to a governmental agency, public entity or public utility which is required by the City as a condition of approval of a development project.

3. Lot line adjustments, provided:

a. No additional parcels or building sites have been created,

b. The adjustment does not create the potential to further divide either of the two parcels into more parcels than would have been otherwise possible, and

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

4. Parcel maps waived by the City Engineer as provided by §10-1.503.