Fremont Municipal Code Art. II Tentative Maps

(a) The subdivider shall file with the planning manager sufficient copies as may be required and one duplicate tracing of the tentative map of each subdivision. The time of filing of a tentative map shall be construed to be the time at which the map together with all required data is received in the office of the planning manager, except as provided in Section 17.15.010(d) and (h) and subsection (b) of this section. The planning manager shall indicate the date of filing upon the approved application form at the time the tentative map and its accompanying data is accepted for filing.

(b) In the event a map offered for filing fails to include any data or information required by any section of this chapter, or fails on its face to comply with any section of this chapter, the planning manager shall refuse to accept such map for filing as a tentative map. In any case where filing is thus refused, the planning manager shall, within 30 calendar days, give written notice personally or by mail to the subdivider or authorized agent, specifying wherein the map submitted does not constitute a complete application. The date of resubmittal shall be noted on the approved application form. (Ord. 1050 § 1, 6-10-75; Ord. 1231 § 8, 2-21-78; Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1404.)

Within three days of the filing of the tentative map, the planning manager shall transmit the requested number of copies of such map together with accompanying data to such public agencies and/or utilities as may be affected or concerned with the results of the proposed subdivision. Each of the public agencies and/or utilities may, within 20 working days after notice that the map has been filed, forward to the planning manager written reports of its findings and recommendations thereon. The city engineer shall prepare a written report of recommendations on the tentative map in relation to the requirements of this title and other applicable regulations of the city, or other public agencies, and shall submit the same to the planning manager within 14 days after filing of the map.

The planning manager shall prepare a report and staff recommendation on the proposed subdivision and shall distribute said report to the planning commission at least five days prior to the public hearing before the planning commission. A copy of said report shall be delivered to the subdivider at least three days prior to the public hearing. (Ord. 1050 § 1, 6-10-75; Ord. 1569 § 10, 9-13-83; amended during 2012 reformat. 1990 Code § 8-1405.)

Within 10 days of the filing of a tentative map, the planning manager shall send a notice of the filing of the tentative map to the governing board of the Fremont unified school district. Such notice shall also contain information about the location of the proposed subdivision, number of units, density, and other information which would be relevant to such school district. Such governing board may review the notice and send a written report thereon to the agency required by law to approve such tentative map. If a written report is made by the governing board, the report shall indicate the impact of the proposed subdivision on such school district and shall make such recommendations as the governing board of the district deems appropriate. If a written report is made by the governing board, such report shall be returned within 20 working days of the date on which the notice was mailed to the school district for comment. In the event that the governing board of such district fails to respond within the 20-day period, such failure to respond shall be deemed approval of the proposed subdivision. (Ord. 1231 § 9, 2-21-78; amended during 2012 reformat. 1990 Code § 8-1405.1.)

The planning commission shall review the recommendations of the staff and, if compliance with this title is found, it shall approve the tentative map within 50 days after the filing of a complete map, unless such time is extended by written agreement with the subdivider. If the planning commission finds that the map does not meet the requirements of this title, it shall disapprove or conditionally approve the map within such time.

However, if an environmental impact report is prepared for the tentative map, the 50-day period specified in this section shall not be applicable and the planning commission shall render its decision within 45 days after certification of the environmental impact report.

Failure by the planning commission to take an action on a tentative map within the time limits specified in this section shall be deemed to be an approval of the map insofar as it complies with other applicable requirements of this title, the zoning ordinance and the general plan, and the city clerk shall so indicate on the tentative map. (Ord. 1050 § 1, 6-10-75; Ord. 1969 § 11, 9-13-83; Ord. 1659 § 3, 5-7-85. 1990 Code § 8-1406.)

Approval, disapproval or conditional approval of the tentative map shall be made in writing to the subdivider. One copy of the map and accompanying data and the commission report thereon shall remain in the permanent file of the planning division. The planning manager shall send to the subdivider one copy of the approved tentative map and a notice of the action taken by the commission including any conditions of approval of the commission showing the action taken. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1407.)

The subdivider or any interested party may appeal to the council any action of the commission with respect to a tentative map. Such an appeal shall be in the form of a letter detailing the actions from which an appeal is taken. The appeal shall be filed with the city clerk within 10 days after the action of the commission from which the appeal is taken.

Upon receipt of said appeal, the council shall within 30 days conduct a public hearing thereon. A notice of said public hearing shall be published at least once in a newspaper of general circulation published and circulated within the city at least 10 days prior to the date of said hearing.

The council may, at the conclusion of the hearing, or within 10 days thereof, declare its findings. Based upon the testimony and documents produced before it or before the commission, the city council may sustain, modify, reject or overrule any recommendations or rulings of the commission and make such findings as are not inconsistent with the Map Act or this title.

If the council fails to act upon an appeal within the time limit specified by this section, the tentative map, insofar as it complies with applicable requirements of the Map Act and this title, shall be deemed approved, conditionally approved, or denied, as last approved, conditionally approved, or denied, and it shall be the duty of the city clerk to certify any approval. (Ord. 1050 § 1, 6-10-75; Ord. 1659 § 3, 5-7-85. 1990 Code § 8-1408.)

(a) Expiration. The approval or conditional approval of a tentative map shall expire 24 months from the date the map was approved or conditionally approved.

(b) Extension. The person filing the tentative map may request an extension of the tentative map approval or conditional approval by written application to the planning commission, such application to be filed at least 40 days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension. In granting an extension, new conditions may be imposed and existing conditions may be revised.

(c) Time Limit on Extensions. An extension or extensions of tentative map approval or conditional approval shall not exceed an aggregate of three years, except that extension of maps approved prior to July 1, 1982, shall not exceed two years.

(d) Stay of Time Period. The period of time specified in subsection (a) of this section shall not include any 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 if a stay of such period of time is approved by the city council. Not later than 10 days after service of the initial petition or complaint in such lawsuit upon the city (or not later than 10 days after the effective date of the ordinance enacting this subsection (d) in the case of a lawsuit pending as of such date), the subdivider may file a written request with the city clerk for such a stay. Within 40 days after the filing of such request, the city council shall either stay said period of time during the pendence of such lawsuit not to exceed five years from the date of such stay, or deny the requested stay. The city council shall act upon such request after a hearing, notice of which shall be given to the subdivider. The subdivider shall be entitled to present evidence at the hearing in support of said stay, and the city manager may recommend to the city council whether to grant or deny said stay. The decision of the city council shall be final and shall be subject to judicial review within the time and to the extent provided by law. (Ord. 1050 § 1, 6-10-75; Ord. 1462 § 1, 9-15-81; Ord. 1569 § 12, 9-13-83. 1990 Code § 8-1409.)

The subdivider shall cause the tentative map of the land proposed to be subdivided to be prepared and acknowledged by a registered civil engineer or licensed land surveyor, and such tentative map shall be in full compliance with the requirements of this title. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1410.)

The written and graphic scale of the map shall be at a minimum of one inch equals 100 feet and shall be clearly and legibly reproduced. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1411.)

A vicinity sketch at a scale of 500 feet or more to the inch shall be drawn on or shall accompany the tentative map. It shall show the existing land uses and the boundaries thereof and streets within at least one-quarter mile of the boundary of the proposed subdivision, together with the names and/or numbers of all subdivisions between it and the nearest existing highways or thoroughfares, transit routes, and significant topographic features and public facilities. It may also be required to show the proposed land use and suggested street layout on any adjoining property in the same ownership and will normally be required in development of small portions of large holdings. The showing of proposed land use and suggested street layout should take into consideration the most advantageous development of the entire area. (Ord. 1050 § 1, 6-1-75. 1990 Code § 8-1412.)

The following information shall be shown on the tentative map or designated by appropriate notations:

(a) The tract number, to be obtained from the county recorder, which number shall constitute the official designation of the map, and which shall be different from that of any existing subdivision previously recorded in the county of Alameda. Any subdivision may be designated with a tract name. Such tract name shall not duplicate or nearly duplicate the name of any other tract in the city.

(b) The name and address of the record owner or owners.

(c) The name and address of the subdivider.

(d) The name and address of the person, firm or organization preparing the tentative map.

(e) The date, north point, and a written and graphic scale.

(f) A sufficient description to define the location and boundaries of the proposed subdivision.

(g) The locations, name, and existing widths of adjacent streets, highways and ways.

(h) The names and numbers of adjacent tracts and the names of owners of adjacent unplatted land.

(i) The contours at one-foot intervals for predominant ground slopes within the subdivision between level and five percent and five-foot contours for predominant ground slopes within the subdivision over five percent. Such contours shall be referred to the system of bench marks established by the city engineer, such system utilizing the United States Coast and Geodetic Survey mean sea level datum of 1929.

(j) The approximate boundaries of areas subject to inundation or storm water overflows, and the location, width, and direction of flow of all watercourses.

(k) The existing use or uses of the property and, to scale, the outline of any existing buildings and their locations in relation to existing or proposed street and lot lines and existing buildings on adjacent properties within 50 feet of the property proposed for development.

(l) A statement of the general plan land use designations, including residential density, where applicable, and the present zoning and proposed use or uses of the property, as well as proposed zoning changes, whether immediate or future.

(m) Any proposed public area.

(n) The approximate location, species, size and base elevation of all trees with a trunk diameter of six inches or more measured at four and one-half feet above the tree’s natural grade, standing within the boundaries of the subdivision, or outlines of groves or orchards.

(o) The approximate widths, locations, and uses of all existing or proposed easements for drainage, sewerage, and public utilities.

(p) The approximate radius of each curve.

(q) The approximate lot layout and dimensions of each lot.

(r) The size of the smallest lot in the tract.

(s) A statement of the water source.

(t) All existing fire hydrant locations within 300 feet of the subdivision.

(u) A statement of provisions for sewerage and sewage disposal.

(v) Major storm drain facilities.

(w) The locations, names, widths, approximate proposed grades and gradients, and a typical cross-section of curbs, gutters, sidewalks, and other improvements of all streets, trails, and access easements including proposed locations of all underground utilities.

(x) The location of historical sites and landmark or primary historic resource trees, as identified by council-adopted resolutions or in the general plan.

(y) A statement as to the gross acreage within the boundaries of the tract and the number of dwelling units as expressed in dwelling units per net acre.

(z) If the subdivision is to be developed in units, the tentative map shall indicate each proposed unit by a distinctive boundary line, and the units shall be assigned a number to indicate the general sequence of development. Unit boundary lines and sequence of development may be amended with approval of the planning manager and the city engineer. (Ord. 1050 § 1, 6-10-75; Ord. 1231 § 10, 2-21-78; Ord. 2481 §§ 10, 11, 7-23-02. 1990 Code § 8-1413.)

The following principles shall govern street names:

(a) Each street which is to be dedicated which is a continuation of, or approximately the continuation of, any existing dedicated street shall be shown on the tentative map and shall be given the same name as such existing street. All other proposed streets shall be assigned a name approved by the city. The subdivider may request names felt appropriate for the subdivision.

(b) Where the council has ordered a street to be surveyed, opened, widened, or improved and such street forms a portion of a street within the subdivision, and a name has been assigned or designated in such order, the name of such street shown on the final map shall be the same as the name contained in the order.

(c) The words “avenue,” “boulevard,” “place,” “way,” “court,” or other designation of any such street shall be spelled out in full on each tentative, parcel, and final map. (Ord. 1050 § 1, 6-10-75; Ord. 1569 § 13, 9-13-83; Ord. 1659 § 3, 5-7-85. 1990 Code § 8-1414.)

Such information as is not shown on the map shall be contained in a written statement accompanying the map. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1415.)

Where lots are proposed which abut a major street, thoroughfare, or other street, and safety conditions and the efficiency of the circulation system dictate, the advisory agency may require a waiver of direct access rights to such street from said lots; provided, that such lots have access to another public or private street. Upon dedication of the street, such waiver shall become effective in accordance with the provisions of the waiver of direct access. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1416.)

Where the advisory agency has required a waiver of access or where access has been restricted by others, a wall, the material, design and height of which shall be subject to the approval of the planning manager, shall be shown on the tentative map and made a condition of approval. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1417.)

The design of a subdivision for which a tentative map is required pursuant to Section 17.15.010 shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure.

Examples of passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and such provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed.

The requirements of this section do not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added.

For the purposes of this section, “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. 1659 § 3, 5-7-85. 1990 Code § 8-1417.1.)

The commission shall deny approval of a tentative map if it makes any of the following findings:

(a) The map fails to meet or perform one or more requirements or conditions imposed by the Map Act or this title. Any such requirement or condition shall be specified.

(b) The proposed subdivision, together with the provisions for its design and improvement, is not consistent with applicable general and specific plans. Any such inconsistency shall be specified.

(c) The site is not physically suitable for the type or proposed density of development.

(d) The design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

(e) The design of the subdivision or the type of improvements is likely to cause serious public health problems.

(f) 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 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 commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. (Ord. 1050 § 1, 6-10-75; Ord. 1659 § 3, 5-7-85. 1990 Code § 8-1418.)

(a) The planning commission shall deny approval of a tentative map if it finds that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5) and that the resulting parcels following a subdivision of that land would be too small to sustain their agricultural use. For purposes of this section, land shall be presumed to be in parcels too small to sustain their agricultural use if the land is (1) less than 10 acres in size in the case of prime agricultural land or (2) less than 40 acres in size in the case of land which is not prime agricultural land. The commission may approve a subdivision with parcels smaller than those specified in this section if it finds that the parcels can nevertheless sustain their agricultural use, or are subject to a written agreement for joint management pursuant to Section 51230.1; provided, that the parcels which are jointly managed total at least 10 acres in size in the case of prime agricultural land or 40 acres in size in the case of land which is not prime agricultural land.

(b) This section shall not apply to land which is subject to a contract when any of the following has occurred:

(1) The Alameda County local agency formation commission has approved the annexation of the land to the city and the city will not succeed to the contract as provided in Sections 51243 and 51243.5.

(2) Written notice of nonrenewal of the contract has been served as provided in Section 51245.

(3) The city council has granted tentative approval for cancellation of the contract as provided in Section 51282.

(c) This section shall remain in effect only until January 1, 1991, unless state law requires otherwise. (Ord. 1659 § 3, 5-7-85. 1990 Code § 8-1418.1.)

The commission may disapprove a tentative map if the proposed waste discharge from the proposed subdivision into the existing community sewer system would result in or add to violations of the requirements prescribed by the California Regional Water Quality Control Board having jurisdiction, pursuant to Cal. Water Code Division 7. The commission shall consult the Union sanitary district to obtain data to enable them to determine whether such findings should be made. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1419.)