Fremont Municipal Code Art. II Dedications and Reservations

All streets (except private streets), alleys and easements shown on the tentative map and on the final map shall be dedicated for public purposes.

The subdivider shall be also required to dedicate and improve additional rights-of-way over and above the standards for streets and thoroughfares for bicycle paths when it is deemed by the advisory agency as necessary and feasible. This dedication shall be applicable only to subdivisions which include 200 or more lots. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1523.)

(a) The city may condition the approval of a residential development project upon the dedication of park land in an amount proportionate to the number of residents estimated to reside within the development project, and sufficient to maintain the city’s park fee standard of five acres of park land per 1,000 persons.

(b) In implementing any dedication requirements pursuant to this section, the city shall comply with all requirements of Cal. Gov’t Code § 66477 (hereinafter the “Quimby Act”).

(c) The city has adopted park land impact fees pursuant to the Mitigation Fee Act as set forth in Chapter 18.290. If, in the discretion of the city, park land dedication is required, the applicant shall receive a credit against park land dedication fees, in accordance with Article III of Chapter 18.290. Unless the development project is otherwise exempt from the park land dedication requirements pursuant to the Quimby Act, the city shall have the sole discretion to determine whether or not the development project is required to dedicate park land or to pay the park land impact fee.

(d) If park land dedication is required, the applicant shall identify the location of the proposed park land as a part of the complete application for a tentative subdivision map or a tentative parcel map. The city shall have the sole discretion to approve, conditionally approve, or deny the proposed park land dedication, in accordance with city standards for the size, shape, and location of the proposed park, including:

(1) Compliance with the requirements of the city’s general plan and parks and recreation master plan.

(2) Feasibility of park use based upon topography, geology, access and proximity to residential development, and access and proximity to other park property. (Ord. 1050 § 1, 6-10-75; Ord. 1487 § 1, 1-5-82; Ord. 1569 § 20, 9-13-83; Ord. 1973 §§ 1, 2, 6-11-91; Ord. 2119 § 1, 5-23-95; Ord. 2463 § 2, 6-4-02; Ord. 04-2016 § 2, 3-1-16. 1990 Code § 8-1524.)

As a condition of approval of a map, the subdivider shall reserve sites appropriate in area and location for parks, schools, recreational facilities, fire stations, libraries, or other public uses according to the standards and formula contained in Section 17.25.290. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1526.)

Where a park, school site, recreational facility, fire station, library, or other public use is shown on an adopted specific plan or adopted general plan containing policies and standards for such uses, the subdivider may be required to reserve sites in accordance with the policies and standards in such plans. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted specific and/or general plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period; in such event, the subdivider shall make those changes as are necessary to permit the reserved area to be developed for the intended purpose consistent with good subdividing practices. (Ord. 1050 § 1, 6-10-75; Ord. 1659 § 4, 5-7-85. 1990 Code § 8-1527.)

The public agency for whose benefit an area has been reserved shall at the time of approval of the final map or parcel map enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1528.)

The purchase price shall be the market value thereof at the time of the filing of the tentative map, plus the taxes against such reserved area from the date of the reservation, and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1529.)

If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1530.)

Where a subdivision or parcel map is proposed for a development wherein land fronts upon a public waterway, river, stream, or bay, as defined in Cal. Harb. & Nav. Code §§ 100 through 106, inclusive; Cal. Gov’t Code §§ 25660 through 25662, inclusive; or Cal. Fish & Game Code § 1505, the subdivider shall provide a reasonable public access to and an easement along a portion of the bank of the waterway, river, stream, or bay. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1531.)

Access may be provided by the extension of streets or the provision for bicycle, foot, or horse trails. Where trails are required, the minimum width of rights-of-way shall be 20 feet.

Trails selected shall constitute an extension of existing or planned trails and their designated uses.

A public easement consisting of a width no less than 10 feet above the high water mark along such rivers, streams, or bays shall be dedicated at the terminus of any required trail or road. The length of said easement shall be determined at the time of tentative map consideration.

The need, extent, and purposes of access and public easement shall be based on (a) overall subdivision design; and (b) size and nature of the subdivision; and (c) the nature, quality, and physical condition of the river, stream, or bay; and (d) the needed improvements and controls to avoid trespasses on private property. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1532.)

When public access and easements are to be made available pursuant to Section 17.25.330, they shall be expressly designated on the tentative, parcel, and final maps and the dedications shall designate the governmental entity to which they are dedicated and which will accept same. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1533.)

The provisions of Section 17.25.330 shall not apply to industrial subdivisions. Where reasonable access to a river, stream, or bay is available from or across properties other than the subdivision under consideration, the advisory agency may find that additional access and easements are unnecessary and shall make such a finding on the face of the tentative or tentative parcel map. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1534.)

[Notes Applicable to Chapter 17.23]

1 This term is defined in Chapter 18.25.