Article 4

SUBDIVISION OF FIVE OR MORE PARCELS

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

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City of Walnut Creek, CA § 10-1.402

SUBDIVISIONS

• (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

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City of Walnut Creek, CA § 10-1.402

WALNUT CREEK CODE

§ 10-1.402

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.

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 "high-risk" 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 §10-1.1206.2.

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

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City of Walnut Creek, CA § 10-1.402

SUBDIVISIONS

§ 10-1.402

• 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.

oard 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

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City of Walnut Creek, CA § 10-1.402

WALNUT CREEK CODE

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.

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.

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City of Walnut Creek, CA § 10-1.402

SUBDIVISIONS

§ 10-1.402

• (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.

• d.

Denial.

The tentative map may be denied by the Planning Commission on any of the grounds

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City of Walnut Creek, CA § 10-1.402

WALNUT CREEK CODE

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

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City of Walnut Creek, CA § 10-1.402

SUBDIVISIONS

• (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.

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.

  • (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.

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City of Walnut Creek, CA § 10-1.402

WALNUT CREEK CODE

§ 10-1.402

• (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

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City of Walnut Creek, CA § 10-1.402

SUBDIVISIONS

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. 3/19/2021; § 3, Ord. 2239, eff. 7/5/2024)

1. General. The form, contents, accompanying data and filing of the final map shall conform to the provisions of this article.

The final map shall be prepared by or under the direction of a registered civil engineer registered prior to January 1, 1982 or licensed land surveyor.

2. Submittal by Units. Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if the subdivider, at the time the tentative map is filed, informs the Planning Manager of the subdivider's intention to file multiple final maps on the tentative map. In providing the notice, the subdivider shall not be required to define the number or configuration of the proposed multiple maps. The Planning Commission shall approve the sequence of map approvals. After filing of the tentative map, the Planning Manager and the subdivider shall concur in the filing of multiple final maps.

The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. Each final map which constitutes a part, or unit, or the approved or conditionally approved tentative map shall have a separate subdivision number. The subdivision improvement agreement executed by the subdivider shall provide for the construction of improvements as required to constitute a logical and orderly development of the whole subdivision.

3. Survey Required. An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer registered prior to January 1, 1982 or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the final map shall not exceed 1/10,000 for field closures and 1/20,000 for calculated closures.

At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in §8771 of the Business and Professions code so that another engineer or surveyor may readily retrace the survey. At least one exterior boundary line shall be monumented prior to recording the final map. Other monuments shall be set as required by the City Engineer.

4. Form. The form of the final map shall conform to the Subdivision Map Act and as follows:

The final map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester-base film. Statements, affidavits and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester-base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

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City of Walnut Creek, CA § 10-1.403

WALNUT CREEK CODE

§ 10-1.403

The size of each sheet shall be 460 mm [eighteen (18) inches] by 660 mm [twenty-six (26)] inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of 25 mm [one inch]. The scale of the map shall be not less than 1' = 100' or as may be necessary to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When four or more sheets including the statement sheet are used, a key sheet shall be included.

All printing or lettering on the map shall be of a height and of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings.

The final form of the final map shall be as approved by the City Engineer.

• Contents. The contents of the final map shall conform to the Subdivision Map Act and as follows:

• a. Boundary. The boundary of the subdivision shall be designated by a heavy black line in such a manner as not to obliterate figures or other data.

• b. Title. Each sheet shall have a title showing the subdivision number and name and the location of the property being subdivided with reference to maps which have been previously recorded, or by reference to the plat of a United States Survey. The following words shall appear in the title, "City of Walnut Creek, Contra Costa County."

• c. Statements. The following statements shall appear only once on the cover sheet.

  • (1) Owner's Statement. A statement, signed and acknowledged by all parties having record title interest in the land subdivided, consenting to the preparation and recordation of the map and offering for dedication to the public certain specific parcels of land or easements. Exceptions are those parties having rights of way, easements or interests which cannot ripen into a fee, or as provided in §66436 of the Subdivision Map Act.

  • (2) Trustee's Statement. A statement, signed and acknowledged by any trustees of record at the time of City Council approval of the final map, consenting to the recording of the map and any offers of dedications.

The notary acknowledgment for the owner's and trustee's statements shall be deemed complete for filing without the official seal of the notary, so long as the name of the notary, the county of the notary's principal place of business, and the notary's commission expiration date are typed or printed below or immediately adjacent to the notary's signature in the acknowledgment.

• (3) Engineer's Statement. A statement by the engineer or surveyor responsible for the survey and final map shall appear on the map. The statement shall give the date of the survey, state that the survey and final map were made by or under the direction of the engineer or surveyor, and that the survey is true and complete as shown.

The statement shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified later date. The statement shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced.

The statement shall state that the map complies to the Subdivision Map Act and the

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City of Walnut Creek, CA § 10-1.403

SUBDIVISIONS

• (4) Statement of Soils and Geologic Report. When a soils report, a geologic report, or soils and geologic reports have been prepared specifically for the subdivision, such fact shall be noted on the final map, together with the date of such report or reports, and the name of the engineer making the soils report and geologist making the geologic report.

• (5) City Engineer's Statement. A statement by the City Engineer stating the map has been examined and that it is in accord with the tentative map and any approved alterations thereof, complies with the Subdivision Map Act of the state and the provisions of this Chapter, and is technically correct.

• (6) Planning Commission Statement. A statement by the secretary of the Planning Commission stating that the tentative map was approved by resolution of the Planning Commission. The date and number of the resolution shall appear in the statement.

• (7) City Clerk's Statement. A statement for execution by the City Clerk stating the date and number of the resolution adopted by the City Council approving the final map and stating that the City Council accepted, subject to improvement or rejected on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication.

• (8) County Clerk's Statement. A statement to be executed by the County Clerk stating that all taxes due have been paid or that a tax bond assuring the payment of all taxes which are a lien but not yet payable has been filed with the County.

• (9) County Recorder's Statement. A statement to be executed by the County Recorder stating that the map has been accepted for recording, that the map has been examined and that it complies with the provisions of State laws and local ordinances governing the recording of final maps.

The statement shall show who requested the recording of the map, the time and date the map was recorded, and the book and page where the map was recorded.

• d. Scale, North Point and Basis of Bearings. There must appear on each map sheet the scale, the north point, and the basis of bearings based on Zone III of the California Coordinates, and the equation of the bearing to true north. The basis of bearings shall be approved by the City Engineer.

• e. Linear, Angular and Radial Data. Sufficient linear, angular and radial data shall be shown to determine the bearings and lengths of monument lines, street centerlines, the boundary lines of the subdivision, the boundary lines on every lot and parcel which is a part of the subdivision, and ties to existing monuments used to establish the boundary. Arc length, radius and total central angle and radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map.

• f. Monuments. The location and description of all existing and proposed monuments shall be shown. Standard City monuments shall be set at or on City Engineer approved offsets from the following locations:

  • (1) The intersection of street centerlines.

• (2) Beginning and end of curves or intersection of tangents on centerlines.

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City of Walnut Creek, CA § 10-1.403

WALNUT CREEK CODE

• g. Lot Numbers. Lot numbers shall begin with the number one (1) in each subdivision and shall continue consecutively with no omissions or duplications except where contiguous lands under the same ownership are being subdivided in successive units, in which event lot numbers may begin with the next consecutive number following the last number in the preceding unit. Each lot shall be shown entirely on one sheet of the final map, unless approved by the City Engineer. Alternatively, consecutive lot letters may be used in lieu of numbers.

• h. Adjoining Properties. The adjoining corners of all adjoining subdivisions shall be identified by subdivision number, or name when not identified by official number, and reference to the book and page of the filed map showing such subdivision, and if no such subdivision is adjacent, then by the name of the owner, and reference to the recorded deed by book page number for the last recorded owner of such adjacent property.

• i. City Boundaries. City boundaries which cross or join the subdivision shall be clearly designated.

• j. Street Names. The names of all streets, alleys or highways within or adjoining the subdivision shall be shown.

• k. Easements. Easements for roads or streets, paths, storm water drainage, sanitary sewers, or other public use as may be required, shall be dedicated to the public for acceptance by the City or other public agency, and the use shall be specified on the map.

All easements of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance, e.g., recorder's serial number and date, or book and page of official records.

Easements not disclosed by the records in the office of the County Recorder and found by the surveyor or engineer to be existing, shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created.

The sidelines of all easements of record shall be shown by dashed lines on the final map with the widths, lengths and bearings of record. The width and location of all easements shall be approved by the City Engineer.

• l. Additional Information. The City may require additional information to be recorded simultaneously with the final map. The additional information shall be in the form of a separate document or an additional map sheet which shall indicate its relationship to the final map, and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of the recording, and is not intended to affect record title interest. The document or additional map sheet may also contain a notation that the additional information is derived from public records, or reports, and does not imply the correctness or sufficiency of those records or reports by the preparer of the document or additional map sheet. Whenever additional information is made by separate document, there shall appear on the final map a reference to the separately recorded document. This reference shall be completed by the county recorder according to §66468.1 of the Subdivision Map Act.

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City of Walnut Creek, CA § 10-1.403

SUBDIVISIONS

• a. Preliminary Submittal. The subdivider shall submit prints of the final map to the City Engineer for checking. The preliminary prints shall be accompanied by the following data, plans, reports and documents in a form as approved by the City Engineer.

  - (1) _**Improvement Plans.**_ Improvement plans as required by Section 10-1.806 of this chapter; 
  
  - (2) _**Soils Report.**_ A soils report prepared in accordance with Chapter 9, Title 9 of the Walnut Creek Municipal Code; 
  
  - (3) _**Title Report.**_ A title report showing the legal owners at the time of submittal of the final map; 
  
  - (4) _**Improvement Agreement.**_ In the event sewer, water, drainage, grading, paving, or other improvements required pursuant to §10-1.801 et seq. have not been completed prior to the presentation of the final map, an agreement in accordance with the requirements of §10-1.807 shall be filed for the improvement thereof. The subdivider shall secure the performance of the agreement in accordance with the requirements of §10-1.808. 
  
  - (5) _**Deeds for Easements or Rights-of-Way.**_ Deeds for easements or rights-of-way required for road or drainage purposes which have not been dedicated on the final map. Written evidence acceptable to the City in the form of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility; 
  
  - (6) _**Traverse Closures.**_ Traverse closures for the boundary blocks, lots, easements, street centerlines and monument lines. 
  
  - (7) _**Hydrology and Hydraulic Calculations.**_ Complete hydrology and hydraulic calculations of all storm drains; 
  
  - (8) _**Governing Documents.**_ If required by the City, the submittal of the final map or parcel map for a common interest development within the meaning of §§1350 et seq. of the California Civil Code shall include the proposed Declaration of Covenants, Conditions and Restrictions containing the provisions described in §1353 of the Civil Code, and all other governing documents for the subdivision. The submittal of the final map or parcel map for all subdivisions other than a common interest development shall include any Declaration of Covenants, Conditions and Restrictions proposed in connection therewith. All documents shall be subject to review and approval by the City Engineer and City Attorney. 
  
  - (9) _**Guarantee of Title.**_ A guarantee of title, in a form acceptable to the City Engineer and City Attorney, shall be issued by a competent title company to and for the benefit and protection of the City and shall be continued complete up to the instant of recording of the final map, guaranteeing that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided, and all public easements being offered for dedication, and all acknowledgments thereto, appear on the proper certificates and are correctly shown on the map, both as to consents to the making thereof and
  

ll be continued complete up to the instant of recording of the final map, guaranteeing that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided, and all public easements being offered for dedication, and all acknowledgments thereto, appear on the proper certificates and are correctly shown on the map, both as to consents to the making thereof and

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City of Walnut Creek, CA § 10-1.403

WALNUT CREEK CODE

• (10) Flood Plain Information. Flood plain information including the amount of flooding that may occur during a storm with a frequency of once in 100 years, and mitigation measures necessary to protect the subdivision from flooding during a storm with a frequency of once in 100 years.

(11) Any additional data, reports or information as required by the City Engineer.

• b. Review by City Engineer. The City Engineer shall review the final map and the subdivider's engineer or surveyor shall make corrections and/or additions until the map is acceptable to the City Engineer.

• c. Approval by City Engineer. The subdivider's engineer or surveyor shall submit the original tracing of the map, corrected to its final form and signed by all parties required to execute the statements on the map, to the City Engineer.

The City Engineer and Planning Manager shall sign the appropriate statements and transmit the original to the City Clerk. The City Clerk shall transmit the final map to the City Council at its next meeting.

• d. Approval by City Council. The City Council shall approve or disapprove the final map at the meeting at which it receives the map or at its next regular meeting after the meeting at which it receives the map. The City Council shall approve or disapprove the subdivision improvement agreement prior to approving or disapproving the final map. The City Council shall approve the subdivision improvement agreement and the final map if they conform with the approved or conditionally approved tentative map, the provisions of this code which were applicable at the time of approval or conditional approval of the tentative map and the provisions of the Subdivision Map Act.

If the City Council approves the final map, it shall at the same time accept, accept subject to improvement, or reject any offer of dedication. The City Clerk shall certify on the final map the action by the City Council. If at the time the final map is approved, any streets, paths, alleys, public utility easements, rights-of-way for local transit facilities, or storm drainage easements are not accepted by the City Council, the offer of dedication shall remain open and the City Council may, by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys, rights-of-way for local transit facilities, or storm drainage easements, which acceptance shall be recorded in the office of the County Recorder.

The City Council may accept any dedications lying outside the subdivision boundary which require a separate grant deed. The acceptance shall be recorded in the office of the county Recorder.

If the subdivision improvement agreement and final map are approved by the City Council, it shall instruct the Mayor to execute the agreement on behalf of the City. If the subdivision improvement agreement and/or final map are unacceptable, the Council shall make its recommended corrections, instruct the City Engineer to draft a new agreement and/or revise the final map and defer approval until an acceptable agreement and/or final map have been resubmitted.

The City Council shall not postpone or refuse approval of a final map because the

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City of Walnut Creek, CA § 10-1.403

SUBDIVISIONS

§ 10-1.403

subdivider has failed to meet a tentative map condition requiring construction of offsite improvements on land which neither the subdivider or the City has sufficient title or interest to permit the improvements to be made. In this case the City shall follow procedure according to Section 10-l.802.7.

• e. Denial by City Council. The City Council shall deny the final map if it finds that the final map is not in substantial compliance with the previously approved tentative map.

• f. Filing with the County Recorder. Upon approval of the final map by the City Council, the City Clerk shall execute the appropriate statement on the map and forward the map, or have an authorized agent forward the map, to the County Recorder. If the subdivider dedicates property in fee for public purposes to the City, the City Clerk shall also prepare and forward for recording a certificate concerning the dedication as provided in §66477.5 of the Subdivision Map Act.

(§ 18, Ord. 2209, eff. 3/19/2021)

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City of Walnut Creek, CA § 10-1.501

SUBDIVISIONS