Article 5

SUBDIVISION OF FOUR OR FEWER PARCELS (MINOR SUBDIVISIONS)

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.

Downloaded from https://ecode360.com/WA4684 on 2026-07-09

City of Walnut Creek, CA § 10-1.501

SUBDIVISIONS

§ 10-1.501

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 10-1.402.7 shall apply.

8. Expiration and Extensions.

Downloaded from https://ecode360.com/WA4684 on 2026-07-09

City of Walnut Creek, CA § 10-1.501

WALNUT CREEK CODE

§ 10-1.501

• 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.

  • (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

Downloaded from https://ecode360.com/WA4684 on 2026-07-09

City of Walnut Creek, CA § 10-1.501

SUBDIVISIONS

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

1. General. The form and contents, submittal, approval and filing of parcel maps shall conform to the provisions of this section and the Subdivision Map Act.

2. Survey Required. An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer 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 parcel map shall not exceed 1/ 10,000 for field closures and 1/20,000 for calculated closures.

3. Form. The form of the parcel map shall conform to final map form requirements as specified by Section 10-1.403.4.

4. Contents. The contents of the parcel map shall conform to final map content requirements as specified by Section 10-1.403.5, excepting c (4), (6) and (7) and g.

Statements shall be in accordance with Section 66449 of the Government Code, with the addition of the Trustee's Certificate according to Section 10-1.403.5c(2). The parcel map shall include a statement by the Zoning Administrator stating the tentative map was approved by the Zoning Administrator.

The Planning Commission statement will be required if the tentative map was referred to, or appealed to, the Planning Commission for its consideration. The City Clerk's statement will be required if the tentative map was appealed to the City Council. The City Engineer's statement may include acceptance of offers of dedication.

Lots shall be designated by letters commencing with "A" and shall continue consecutively with no omissions or duplications.

5. Preliminary Submittal. The subdivider shall submit prints of the parcel map to the City Engineer for checking. The preliminary prints shall be accompanied by copies of the data, plans, reports and documents as required for final maps by Section 10-1.403.6.a, "Preliminary Submittal".

Downloaded from https://ecode360.com/WA4684 on 2026-07-09

City of Walnut Creek, CA § 10-1.502

WALNUT CREEK CODE

§ 10-1.503

The City Engineer may waive any of the requirements if the location and nature of the proposed subdivision or existing documentation demonstrates that compliance with the requirements of Section 10-1.403.6 is not necessary.

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

7. Approval by City Engineer. The City Engineer shall approve the parcel map if it complies with the requirements of the Subdivision Map Act, this chapter, the tentative map and all conditions thereof.

8. Filing with the County Recorder. The City Clerk or authorized agent shall file the approved parcel map directly with the County Recorder.

• (§ 1, Ord. 1603, eff. 9/13/1984)

A subdivider may file an application for a waiver of the requirements for a tentative and/or parcel map in a form acceptable to the Zoning Administrator. The Zoning Administrator may waive the parcel map for the following:

1. Division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees; or

2. A division of property resulting from the conveyance of land or any interest therein to or from the City, public entity or public utility for a public purpose, such as school sites, public building sites, or rights of way or easements for streets, sewers, utilities, drainage, or other facilities or

3. Any other division of real property which would otherwise require a parcel map.

Upon receipt of an application for a parcel map waiver, the Zoning Administrator shall give notice of the application by mail or delivery to all persons, 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 subject property, and all such persons and entities shall be given an opportunity to respond in writing within ten (10) days of receipt of the notice.

The Zoning Administrator may waive the parcel map as provided in this section only upon making a finding that the proposed division of land complies with requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this chapter, local ordinance and the Subdivision Map Act.

The Zoning Administrator shall act upon the application for a parcel map waiver with sixty (60) days after the application is deemed complete.

The Zoning Administrator shall deny the parcel map waiver if all public improvements have not been constructed.

Upon waiving the parcel map requirement, the Zoning Administrator shall cause to be recorded with the County Recorder a "Certificate of Compliance" for the land to be divided, a plat map showing the division and a legal description of the parcels. The certificate shall include a statement regarding payment of taxes for signature by the County Clerk according to §10-1.403.5.c(8).

Downloaded from https://ecode360.com/WA4684 on 2026-07-09

City of Walnut Creek, CA § 10-1.503

SUBDIVISIONS

§ 10-1.503

A parcel map waived by the Zoning Administrator may be conditioned to provide for payment of park land dedication, drainage, and other fees by a method approved by the Zoning Administrator. If the Zoning Administrator denies an application to waive a parcel map, the subdivider may apply for a tentative and parcel map in accordance with this Article.

(§ 1, Ord. 1530, eff. April 22, 1982; § 1, Ord. 1603, eff. September 13, 1984; § 1, Ord. 1629, eff. July 25, 1985)

Downloaded from https://ecode360.com/WA4684 on 2026-07-09

City of Walnut Creek, CA § 10-1.601

SUBDIVISIONS