Article 3 — MAPS REQUIRED

The necessity for tentative or vesting tentative, final, and parcel maps shall be governed by the provisions of this chapter.

A tentative or vesting tentative and final map shall be required for all divisions of land when determined by the Community Development Director that such land may be divided into five (5) or more parcels, five (5) or more condominiums as defined in Section 783 of the State Civil Code, a community apartment project containing five (5) or more parcels, or for the conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units, except where:

1. The land before division contains less than two (2) hectares [five (5) acres], each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body.

2. Each parcel created by the division has a gross area of eight (8) hectares [twenty (20) acres] or more and has an approved access to a maintained public street or highway.

3. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths.

4. Each parcel created by the division has a gross area of not less than sixteen (16) hectares [forty (40) acres].

5. The land is being subdivided solely for the creation of an environmental subdivision pursuant to Section 66418.2 of the Subdivision Map Act. This subsection shall only remain in effect until January 1, 2003.

• A parcel map shall be required for these subdivisions described in subdivisions 1, 2, 3, 4 and 5.

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

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City of Walnut Creek, CA § 10-1.303

SUBDIVISIONS

§ 10-1.305

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.

A plat map, in a form as required by the City Engineer, and a certificate of compliance, in accordance with §10-1.1303 shall be required for lot line adjustments, mergers, certificates of compliance and parcel map waivers.

All persons submitting maps as required by this chapter shall pay all fees and/or deposits as provided by the City's resolution establishing fees and charges.

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City of Walnut Creek, CA § 10-1.401

SUBDIVISIONS