Article 1 — GENERAL PROVISIONS

This chapter is adopted to supplement and implement the Subdivision Map Act, §66410, et seq. of the Government Code and may be cited as the subdivision ordinance of the City of Walnut Creek.

It is the purpose of this chapter to regulate and control the division of land within the City of Walnut Creek and to supplement the provisions of the Subdivision Map Act concerning the design, improvement and survey data of subdivisions, the form and content of all maps provided for by the Subdivision Map Act and the procedure to be followed in securing the official approval of the Design Review Commission, Planning Commission, the City Engineer, the Zoning Administrator, the Community Development Department and City Council regarding the maps. To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary for the preservation of the public health, safety and general welfare, to promote orderly growth and development and to promote open space, conservation, protection and proper use of land, and to ensure provision for adequate traffic circulation, utilities and services.

No land shall be subdivided and developed for any purpose which is not in conformity with the General Plan and any specific plan of the City of Walnut Creek or permitted by the zoning chapter or other applicable provisions of the Walnut Creek Municipal Code.

The type and intensity of land use as shown on the General Plan shall determine the type of streets, roads, highways, utilities and public services that shall be provided by the subdivider.

The regulations set forth in this chapter shall apply to all parts of subdivisions within the City of Walnut Creek and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act. Each subdivision and each part thereof lying within the City shall be made and each map shall be prepared and presented for approval as provided for and required by this chapter.

1. Exceptions.

This chapter shall not apply to:

• a. The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks or trailer parks.

• b. Mineral, oil or gas leases.

• c. Land dedicated for cemetery purposes under the State Health and Safety Code.

• d. A lot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not created, provided the lot line adjustment is approved by the City Engineer.

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City of Walnut Creek, CA § 10-1.104

SUBDIVISIONS

§ 10-1.105

• e. Any separate assessment under §2188.7 of the State Revenue and Taxation Code for community apartment or cooperative housing projects.

• f. The conversion of a community apartment project or a stock cooperative to a condominium if the requirements of Sections 66412(g) and (h) of the Subdivision Map Act are met.

• g. The financing or leasing of any parcel of land, or any portion, for the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other ordinances regulating design and improvements.

• h. The financing or leasing of existing separate commercial or industrial buildings on a single parcel.

• i. The construction, financing or leasing of accessory dwelling units according to Article 38 of the Zoning Ordinance.

• j. Leasing for agricultural purposes, cultivation of food or fiber, and grazing or pasturing of livestock.

• k. Leasing of, or grant of easement to, a parcel of land, or any portion or portions of land, for financing, erection, and sale or lease of a wind-powered electrical generation device which is subject to discretionary action by the City.

• (§ 1, Ord. 1603, eff. 9/13/1984)

Whenever, in the opinion of the Planning Commission, the land in any subdivision is of a size or shape, or is subject to title limitations of record, or is affected by topographical location or conditions, or is to be devoted to a use that it is impossible or impracticable in the particular case for the subdivider to conform fully to the regulations contained in this chapter, the Planning Commission may make modifications as, in its opinion, are reasonably necessary or expedient and in conformity with the Subdivision Map Act. In the case of subdivisions of four (4) or fewer units this determination may be made by the Zoning Administrator.

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City of Walnut Creek, CA

SUBDIVISIONS

§ 10-1.201

§ 10-1.201