Fresno Municipal Code Art. 37 Dedications and Reservations

A. Purpose. The purpose of this article is to establish the dedications and reservations that may be imposed as a condition for approval of a Tentative Map or a Tentative Parcel Map.

B. Streets, Alleys, and Other Public Rights-of-Way or Easements. When required as a condition for approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of land within the subdivision that is needed for streets and alleys, including access rights and abutters' rights, drainage, open space, scenic easements, public utility easements, and other public easements according to City standards. In addition, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters' rights, drainage, public utility easements and other public easements as follows:

1. Streets. The subdivider shall dedicate land for streets according to adopted City standards.

2. Alleys. The subdivider shall dedicate land or easements for alleys according to adopted City standards.

C. Public Utilities and Utility Easements. Public utilities, including electricity, gas, water, sewer, storm drains, telecommunications services, cable television, and traffic signal detector loops shall be installed as part of the improvements within all subdivisions as provided by this section.

1. Width. A minimum of 10 feet, unless a greater distance is required, as determined by the City Engineer.

2. Overhead Lines. New overhead utility lines shall not be permitted, while existing overhead lines shall be placed underground, unless otherwise waived and/or deferred by the City Engineer or otherwise provided for in this Ordinance.

a. Exceptions. The undergrounding of existing overhead wires and associated overhead structures used for conveyance of electrical energy at transmission voltages, nominally in excess of 21,000 volts, or major transmission trunk communication lines shall not be required.

3. Installation. Lateral connections to all underground utilities, water lines, and sanitary sewers shall be laid to sufficient lengths to avoid the need for disturbing the street improvements when service connections are made.

D. Bicycle Paths/Trails. When required as a condition for approval, the subdivider shall dedicate or make an irrevocable offer of dedication of land that is needed to provide bicycle paths/trails for the use, safety, and benefit of the residents of the subdivision.

E. Pedestrian Paths/Paseos. When required as a condition for approval, the subdivider shall dedicate or make an irrevocable offer of dedication of land that is needed to provide pedestrian paths/paseos for the use, safety, and benefit of the residents of the subdivision.

F. Access to Public Resources. When required as a condition of approval, the subdivider shall dedicate or make an irrevocable offer of land that is needed to provide access to public natural resources and rivers and streams per the Map Act (Sections 66478.3 through 66478.6).

G. Transit Facilities. When required as a condition for approval, the subdivider shall dedicate or make an irrevocable offer of dedication of land for local transit facilities such as bus turnouts, benches, shelters, landing pads, and similar items that directly benefit the residents of a subdivision.

H. Watercourses and Drainage Facilities. The subdivider shall provide the necessary right-of-way dedication or easements for buffer areas and setbacks for watercourses, streams, and storm drains as required by the City Engineer and the following:

1. Except as may be approved by the Commission, there shall be sufficient right-of-way dedicated to the City to maintain a natural channel, floodplain, or open space as may be shown the General Plan, or operative plan, if applicable, including right-of-way for a trail as may be shown on the City's Trails Master Plan.

2. Drainage facilities shall be installed in accordance with the appropriate Flood Control District and City requirements.

3. Storm drain easements not less than 10 feet in width shall be provided by the subdivider where required for construction and maintenance purposes.

I. School Site Dedication. A subdivider may be required to dedicate land necessary to construct an elementary school necessary to ensure adequate public school service to the residences of the subdivision in compliance with the Map Act (Section 66478).

J. Dedication of Land or Payment of Fees for Park and Recreation Purposes.

1. Authority. This section is enacted pursuant to authority granted by the Map Act (Section 66477, "Quimby Act").

2. Identifying Open Space. At the time of submittal of a Tentative Map, the applicant shall clearly depict the location and the amount of open space being proposed.

3. Requirement. Each subdivider of land classified by the City for, or otherwise proposed for, residential use shall, as a condition to filing a final subdivision map, dedicate or reserve lands, pay fees in lieu thereof, or a combination of both, for park or recreational purposes. In accordance with the Map Act (Section 66477(b)), land or fees required under this section shall be conveyed or paid directly to the City.

4. Accepting Land. The City shall determine if it will accept the proposed land, in fee, for meeting the provisions of this Code.

5. Suitability. Each park site proposed for dedication in compliance with this section shall be physically suited for the intended use and shall meet all criteria established by the City.

6. Limitations. For limitations and exclusions from this article, refer to the Map Act (Section 66477).

7. Amount of Land to Be Dedicated. The amount of land to be dedicated or fees to be paid in lieu thereof shall bear a reasonable relationship to the use of the park and recreation facilities by the future inhabitants of the subdivision (Map Act Section 66477).

8. Formula for Calculating Amount of Land. In accordance with the Map Act (Section 66477(a)(2)), the amount of land to be dedicated shall be calculated according to the following formula:

A × B = Land to be dedicated

a. "A" means the park and recreation area required per dwelling unit, based on the type of dwelling units of the proposed subdivision and the park area per 1,000 city residents, which is calculated as follows:

i. The park area of the city is determined to be three acres per 1,000 people, or .003 acres per person.

ii. The park and recreation area required per dwelling unit is established as follows:

(1) Single-Unit Development. For dwelling units to be constructed on property zoned RS each unit is assigned 3.11 people. Therefore, A = 3.11 x .003 = 0.00933 acres per unit.

(2) Multi-Unit Development. For dwelling units to be constructed on property zoned other than RS, each unit is assigned 2.53 people. Therefore, A = 2.53 x .003 = 0.00759 acres per unit.

iii. "B" means the number of dwelling units in the proposed subdivision. For the purpose of this section, the number of dwelling units in the proposed subdivision shall be determined as follows:

(1) Single-Unit Development. The number of dwelling units shall equal the number of parcels indicated on the Final Map.

(2) Multi-Unit Development. The number of dwelling units shall equal the maximum number of dwelling units allowed under that zone.

(3) Condominium Developments. The number of dwelling units shall equal the number of condominium units indicated on the Final Map, or the maximum number of dwelling units allowed under that zone if the Final Map does not indicate the number of units.

9. In-Lieu Fees. If fees are paid in lieu of land dedication, such fees shall be equal to the then-current Parkland Dedication In-Lieu Fee.

10. Credits.

a. Per the Map Act (Section 66477(a)(9)), if a subdivider provides park and recreational improvements, the value of the park and recreational improvements, together with any equipment located thereon, shall be a credit against the payment of fees or dedication of land otherwise required by this section.

b. To be authorized and approved by the City, park and recreational improvements and equipment provided by subdividers pursuant to this section shall be generally consistent with applicable principles and standards for local and neighborhood parks contained in the General Plan, as determined by the City.

c. Condominiums. In accordance with the Map Act (Section 66477(e)), common interest developments such as community apartments, condominiums, and stock cooperatives, shall be eligible to receive a credit not to exceed 25 percent, as determined by the City, against the land required to be dedicated, or the amount of the fee imposed pursuant to this section, for the value of private open space within the development which is usable for active recreational uses. For the purposes of this section, private open space usable for active recreational uses means private open space that is:

i. At least ¾ of an acre in area with the smallest dimension being at least 100 feet clear, excluding front and street side yards normally required by zoning provisions;

ii. Owned and maintained by a homeowners' association, available to all residents of the subdivision without restriction, and designated for park and recreational purposes by recorded covenants which run with the land and cannot be defeated or eliminated without consent of the Council;

iii. Suitable for active park and recreation purposes taking into consideration such factors as shape, topography, access, and improvements proposed; and

iv. Generally consistent, as determined by the City, with applicable principles and standards for parks contained in the General Plan.

11. Procedures.

a. Prior to approval of a subdivision, the Review Authority shall consider:

i. The amount of land required for open space purposes;

ii. That a fee be charged in lieu of land;

iii. That a combination of land and fee be required; and

iv. The location of the park land and, where appropriate, the siting and conceptual design of the park facilities appurtenant thereto, to be dedicated or used in lieu of fees.

b. At the time of approval, the Review Authority shall determine whether land, in-lieu fees, or a combination of land and fees shall be dedicated and/or paid by the subdivider.

c. The Review Authority may approve, modify, or disapprove the recommendations of City staff; provided, however, that any modification of the recommendation not previously considered shall first be referred back to City staff for further report and recommendation.

12. Off-Site Dedication. Dedication of land outside of the subdivision may be authorized by the City, by action on the Tentative Map and be credited toward the developer's park land dedication requirement pursuant to this section.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2025-024, § 69, eff. 7-27-25).

A. At the time of approval by the Council, the Council shall accept, accept subject to improvement, or reject dedications and offers of dedications that are made by a statement on the map, and the City Clerk shall certify or state on the map the action taken by the Council.

B. Acceptance of offers of dedication on a Final Map and the transfer of title to the property so accepted shall not be effective until the Final Map is duly recorded under the provisions of the Map Act (Section 66439) and this Subdivision Ordinance.

C. As a condition precedent to the acceptance of any streets or easements, the City Engineer or the Council may require that the subdivider, at subdivider's option, to either improve or agree to improve said streets or easements in accordance with Article 38, Improvements and Security. Upon the execution by the subdivider of such an agreement and the posting of improvement security required by Section 15-3806, Improvement Agreements and Security, the map may be approved as set forth in this section and recorded in the office of the County Recorder.

D. If at the time the Final Map is approved, any streets, paths, alleys, public utility easements, rights-of-way for local transit facilities such as bus turnouts, benches, shelters, landing pads, and similar items, which directly benefit the residents of a subdivision, or storm drainage easements are rejected, subject to Section 771.010 of the Code of Civil Procedure as may be amended, the offer of dedication shall remain open and the Council may by resolution at any later date, and without further action by the subdivider, rescind the action by the City Engineer or Council and accept and open the streets, paths, alleys, public utility easements, rights-of-way for local transit facilities such as bus turnouts, benches, shelters, landing pads, and similar items, which directly benefit the residents of a subdivision, or storm drainage easements for public use, which acceptance shall be recorded in the office of the County Recorder.

E. If a map showing a reversion to acreage of the tract is subsequently filed for approval, any offer of dedication previously rejected shall be deemed to be terminated upon the approval of the map by the Council subject to the reversion to acreage procedures of Article 1, Chapter 6 of the Map Act. If a map showing a resubdivision is subsequently filed for approval, any offer of dedication previously rejected shall be deemed to be terminated upon approval of the map by the City Engineer pursuant to this section. The map showing a reversion to acreage or resubdivision shall contain a notation identifying the offer or offers of dedication terminated by this subsection.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A. General. As a condition of approval of a Tentative Map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries, water wells, sewer lift stations, etc. according to the standards contained in this section.

B. Standards for Reservation. Where a park, recreational facility, fire station, library, or other public use is shown on the General Plan, the subdivider may be required by the City to reserve sites determined by the City to be in accordance with the policies and standards of the Plan and the following:

1. The reserved area must be of such size and shape as to permit the balance of the property to develop in an orderly and efficient manner;

2. The amount of land reserved shall not make development of the remaining land held by the subdivider economically unfeasible; and

3. The reserved area shall conform to the 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.

C. Procedure. Pursuant to the Map Act (Section 66480), the public agency for whose benefit an area has been reserved shall, at the time of approval of the final, enter into a binding agreement to acquire the reserved area within two years after the completion and acceptance of all improvements, unless the period of time is extended by mutual agreement.

D. Payment. The purchase price shall be the market value of the reserved land at the time of the filing of the Tentative Map, plus the taxes against the reserved land from the date of the reservation and any maintenance costs incurred by the subdivider including interest costs incurred on any loan covering the reserved area.

E. Termination. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement, as provided for in the Map Act (Section 66480), the reservation of the area shall automatically terminate.

(Added Ord. 2015-39, § 1, eff. 1-9-16).