Fremont Municipal Code Ch. 17.15 Maps

(a) Tentative and Final Maps Required. A tentative and final map is required for all subdivisions creating five or more parcels, five or more condominiums as defined in Cal. Civ. Code § 783, a community apartment project containing five or more parcels or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except as follows:

(1) The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the city; or

(2) Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway; or

(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 city council as to street alignments and widths; or

(4) Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section.

A parcel map shall be required for those subdivisions described in subsections (a)(1) through (a)(4) of this section.

(b) Parcel Map Required. A parcel map shall be filed and recorded for any subdivision for which a tentative and final map is not required by the Map Act, except for subdivisions created by short-term leases (terminable by either party on not more than 30 days’ notice in writing) of a portion of an operating right-of-way of a railroad corporation defined as such by Cal. Pub. Util. Code § 230, or for conveyance of land solely for right-of-way to or from a government agency, public entity, public utility or subsidiary of a public utility; provided, however, that upon a showing made by the planning manager to the planning commission based upon substantial evidence that public policy necessitates such a map, this exception shall not apply.

The planning manager, as advisory agency for parcel maps, may waive the requirement for a parcel map, including a parcel map required for a subdivision excepted from the requirement of a tentative and final map pursuant to subsections (a)(1) through (a)(4), inclusive, of this section, if he/she makes a finding that the proposed division of land complies with such requirements as may have been established by the Map Act or this title, 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 the Map Act or this title.

(c) Tentative Maps for Parcel Maps. Whenever a parcel map is required by this title, a tentative parcel map shall first be filed with the planning manager, unless a finding is made by the planning manager that such tentative parcel map is not necessary based on the facts and circumstances of the particular property. If the tentative parcel map is waived, a parcel map shall still be required. Said parcel map shall meet all the requirements for tentative parcel maps provided by the Map Act and this title.

(d) Vesting Tentative Maps. Whenever a tentative map or tentative parcel map for residential development is required by this title, a vesting tentative map may be filed instead. If a subdivider does not seek vesting tentative map rights, a vesting tentative map filing shall not be a prerequisite to approval for any proposed subdivision. A vesting tentative map shall conform to the same general provisions as required for tentative maps and tentative parcel maps.

(e) Environmental Reports. No tentative map, tentative parcel map or parcel map shall be approved until an environmental impact analysis is prepared, processed and considered in accordance with the provisions of the California Environmental Quality Act and the requirements of evaluation of environmental impact on projects as adopted by the city council. The subdivider shall provide such additional data and information, and deposit and pay such fees as may be required for the preparation and processing of environmental review documents.

For the purposes of Cal. Gov’t Code § 66452.1, a tentative map, tentative parcel map or parcel map shall not be deemed to have been filed until one of the following has been satisfied:

(1) Negative Declaration. When a negative declaration will be prepared for the tentative map, tentative parcel map or parcel map, the map shall be deemed filed when the application requesting its approval is accepted as complete under Section 17.20.040.

(2) Environmental Impact Report. When an environmental impact report will be prepared for the tentative map, tentative parcel map or parcel map, the map will be deemed filed when the report is certified as complete.

(f) Grading and Erosion Control. Every map approved pursuant to this title shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property, as set forth in Chapter 18.205.

A preliminary grading plan shall be filed with the planning manager at the time of filing of the tentative map, if the proposed grading requires planning commission review as set forth in the grading ordinance.

(g) Geology. Whenever a subdivision is proposed which is totally or partially within a geological special studies zone, as defined by the California state geologist, the subdivider or developer shall comply with the law of the state of California (Alquist-Priolo Special Studies Zones Act) relating to said zone. No subdivision shall be approved until the actions required by said law are complied with and the mitigating measures which are recommended by a registered geologist are included within the design of said development.

(h) Soil Reports.

(1) A preliminary soils report, prepared by a civil engineer registered in this state and based upon adequate test borings, shall be submitted for every subdivision requiring a final map at the time of filing of a tentative map.

(2) A preliminary soils report may be waived by the chief building official if he/she finds that due to the knowledge the city has as to the qualities of the soils in the subdivision no preliminary analysis is necessary.

(3) If the city has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the chief building official. Such soils investigation shall be done by a civil engineer registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problems exist.

The advisory agency may approve the subdivision or portion thereof where such soil problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed and a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.

(i) Required Consent of Owners. No final map or parcel map required by this title which creates a subdivision shall be filed with the city without the written consent of all parties having any record title interest in the real property proposed to be subdivided, except as otherwise provided in this title.

(j) Mobile Home Park Conversions. At the time of filing a tentative map, tentative parcel map or parcel map for a subdivision to be created from the conversion of a mobile home park to another use, the subdivider shall also file a report on the impact of the conversion upon the displaced residents of the mobile home park to be converted. In determining the impact of the conversion on displaced mobile home park residents, the report shall address the availability of adequate replacement space in mobile home parks.

The subdivider shall make a copy of the report available to each resident of the mobile home park at least 15 days prior to the hearing on the map by the advisory agency.

The advisory agency shall be required to: (1) take steps to mitigate any significant adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate space in a mobile home park by zoning for additional replacement housing; (2) find that there already exists land zoned for replacement housing or adequate space in other mobile home parks for those residents who will be displaced; (3) require the subdivider to take steps to mitigate any significant adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate space in a mobile home park; or (4) make a finding, based upon substantial evidence, that mitigation pursuant to subsections (j)(1) and (j)(3) of this section is not feasible. Such finding shall be reviewable pursuant to Cal. Civ. Proc. Code § 1094.5. As used herein, “feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (Ord. 1050 § 1, 6-10-75; Ord. 1231 § 4, 2-21-78; Ord. 1569 § 2, 9-13-83; Ord. 1659 § 2, 5-7-85; Ord. 1707 §§ 4, 5, 1-14-86; amended during 2012 reformat. 1990 Code § 8-1300.)