Fremont Municipal Code Art. IV Parcel Maps

A tentative parcel map shall typically be required for all subdivisions, except as otherwise provided in this chapter. Pursuant to Cal. Gov’t Code § 66428, for industrial projects within a zoning district allowing industrial uses of up to 80 acres, the requirement for a tentative parcel map is hereby waived; provided, that a parcel map is filed and recorded in compliance with this chapter. The city engineer shall approve such parcel map only upon making written findings that the proposed division complies with all state and local requirements for area, improvement and design, flood control, and public road access. When a tentative parcel map is required, the subdivider of a tentative parcel map shall file an application with the planning division in accordance with the most current submittal requirements prescribed by the city. The application shall be accompanied with sufficient information and details as required by the planning manager. The manager shall indicate the date of filing on the prescribed application record at the time the tentative parcel map and its accompanying data is accepted for filing. If the map offered for filing fails to include all data or information required by this chapter, the map shall be refused for filing. When a map is refused for filing, the planning manager shall notify the subdivider or his/her authorized agent in writing within 30 days, specifying wherein the map submitted does not constitute a complete application. The date of resubmittal shall be noted on the approved application record. (Ord. 1050 § 1, 6-10-75; Ord. 1231 § 11, 2-21-78; Ord. 1659 § 3, 5-7-85; amended during 2012 reformat; Ord. 02-2026 § 1, 5-5-26. 1990 Code § 8-1429.)

Distribution of tentative parcel maps shall be made pursuant to the first paragraph of Section 17.20.050. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1430.)

A tentative parcel map shall be referred to the commission, which shall assume the responsibility of the advisory agency, when one of the following conditions are present:

(a) The proposed parcel map is situated in a locality where the lack of development, public facilities, or a street network exists.

(b) The proposed parcel map creates more than four lots, with an overall acreage in excess of 80 acres.

(c) The planning manager finds that the public interest would be better served through consideration of the proposed subdivision through commission hearings.

When a tentative parcel map is referred to the commission, all requirements and procedures required for a tentative map shall prevail. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1431.)

The planning manager shall review each tentative parcel map for conformity to the general plan, specific plans, policies of the council, and requirements of this title. The planning manager shall, in coordination with other city departments and local agencies, establish such conditions as are necessary to accomplish the purposes of this title and the goals, objectives, and principles of the general plan.

The planning manager or planning commission shall deny approval of a tentative parcel map where any of the findings enumerated in Sections 17.20.200, 17.20.210 and 17.20.220 are made. For purposes of this section, the word “commission” as used in said sections shall be deemed to mean planning manager where the planning manager is the advisory agency for the tentative parcel map. (Ord. 1050 § 1, 6-10-75; Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1432.)

Approval, disapproval, or conditional approval of the tentative parcel map shall be made in writing to the subdivider. One copy of the map and accompanying data and staff conditions shall remain in the permanent files of the planning division and one copy of the approved tentative parcel map and conditions sent to the subdivider. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1433.)

(a) The approval or conditional approval of a tentative parcel map shall expire or extensions shall be granted pursuant to Section 17.20.100.

(b) No parcel map or any portion thereof shall be filed for recordation unless an approved or conditionally approved tentative parcel map exists, or unless the requirement for a tentative parcel map has been waived pursuant to Section 17.15.010(c). (Ord. 1050 § 1, 6-10-75; Ord. 1569 § 15, 9-13-83; Ord. 1659 § 3, 5-7-85. 1990 Code § 8-1434.)

The subdivider or any interested party may appeal any action of the planning manager with respect to tentative parcel maps to the commission. The appeal shall be in writing stating the cause for said appeal and shall be filed with the secretary of the commission within 10 days after the action of the planning manager from which the appeal is being taken.

Any action by the planning manager to deny an appellant’s request for a time extension of an appeal is appealable to the council and said appeal shall be made within 10 days of the action by the planning manager by letter to the city clerk stating the cause for said appeal. (Ord. 1050 § 1, 6-10-75; Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1435.)

(a) The following information is mandatory on all tentative parcel maps:

(1) A vicinity sketch at a scale of 1,000 feet to the inch shall be drawn on or shall accompany the map. It shall show all streets within one-half mile.

(2) A parcel map number obtained from the county.

(3) Name and address of the record owner or owners.

(4) Name and address of the subdivider.

(5) Name and address of person preparing the map.

(6) Date, north point, and written and graphic scale.

(7) Boundaries of the proposed parcel map.

(8) Location, name, and dimensions of existing and proposed streets, both public and private, trails, highways and private vehicle accessways.

(9) Location and dimensions of existing or proposed easements.

(10) The layout of proposed lots and streets.

(11) A statement as to the source of water and the provision for sewage disposal.

(12) Methods for the disposal of storm waters.

(13) Typical cross-section and grades of proposed streets.

(14) Estimated gross acreage of the parcel map and estimated square footage or acreage of each lot.

(15) Boundary lines and record ownerships of all adjacent parcels and easements.

(16) Fire hydrants within 300 feet of the parcel map to be shown.

(17) Location of historical sites or landmark trees or primary historic resources as identified by council-adopted resolutions or in the general plan.

(18) 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.

(b) The following information may be required to be included where topography or the location of the tentative parcel map dictates:

(1) Contours at five-foot intervals where the ground slopes exceed five percent and contours at one-foot intervals where the ground slopes are less than five percent.

(2) Location of water courses, flood control channels, and intermittent streams.

(3) Offers of dedications of lands for public purposes.

(4) Preliminary grading of the site.

(5) A preliminary soils report.

(6) Location of access restrictions.

(7) Waiver of access rights.

(8) Location of any existing structures, with the outline thereof drawn to scale in relation to the existing or proposed street and lot lines. (Ord. 1050 § 1, 6-10-75; Ord. 1231 § 12, 2-21-78; Ord. 1569 § 16, 9-13-83; Ord. 1659 § 3, 5-7-85; Ord. 2481 § 12, 7-23-02. 1990 Code § 8-1436.)

At any time after the approval or conditional approval of the tentative parcel map, and prior to the expiration of such map, or after a finding by the planning manager that a tentative parcel map is not required, or when a tentative parcel map is not required for an industrial project on a site of up to 80 acres, the subdivider may file a parcel map with the city engineer for acceptance and recording. The subdivider shall provide as many blue line prints of said parcel map for checking and approval as required by the city engineer. (Ord. 1050 § 1, 6-10-75; Ord. 1659 § 3, 5-7-85; amended during 2012 reformat; Ord. 02-2026 § 2, 5-5-26. 1990 Code § 8-1437.)

At the time of submitting the parcel map to the city engineer, the subdivider shall also submit such documents and securities as were determined to be necessary in the process of evaluating the tentative parcel map. These documents shall include but are not limited to traverse sheets, preliminary title report or certificate of ownership, grant deeds, bonds, guarantees for improvements, improvement plans, easements, and parcel combinations. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1438.)

The city engineer has the responsibility for the acceptance, review, and approval of parcel maps. The city engineer may accept on behalf of the public any real property offered for dedication for public use, either by deed or by parcel map.

When the city engineer finds that the parcel map is in conformance with the approved or conditionally approved tentative parcel map and with the provisions of this title and the Map Act, the city engineer shall sign the certificate of acceptance of any real property offered for dedication for public use, shall sign the city engineer’s certificate pursuant to Section 17.15.350, and shall release the map to the county clerk for ultimate transmittal to the county recorder for recordation. (Ord. 1050 § 1, 6-1-75. 1990 Code § 8-1439.)

Immediately subsequent to the recordation of the parcel map, the subdivider thereof shall furnish to the engineer, at the expense of the subdivider, copies of the parcel map and affidavit sheet as follows:

(a) One duplicate tracing on mylar not less than three one-thousandths inches in thickness with all recording data thereon to be filed with the city engineer.

(b) One 35-millimeter microfilm copy filmed at a 24-to-one reduction to be filed with the city engineer. (Ord. 1050 § 1, 6-10-75; Ord. 1569 § 17, 9-13-83. 1990 Code § 8-1440.)