Chapter 17.05


17.05.010    Citation and authority.

17.05.020    Purpose.

17.05.030    Considerations – General plan and zoning ordinance – Special provisions for housing developments.

17.05.040    Application.

17.05.050    Advisory agency.

17.05.060    General responsibilities.

17.05.010 Citation and authority.

This title is enacted pursuant to California Constitution Article XI, Section 7, and the general laws of the state of California, including the Subdivision Map Act. The procedure for vesting tentative maps is enacted under the authority granted by Cal. Gov’t Code Title 7, Division 2, Chapter 4.5. This title is adopted to supplement and implement the Subdivision Map Act and may be cited as the subdivision ordinance of the city of Fremont. (Ord. 1050 § 1, 6-10-75; Ord. 1707 § 1, 1-14-86. 1990 Code § 8-1100.)

17.05.020 Purpose.

It is the purpose of this title to regulate and control the division of land within the city of Fremont, and to supplement the provisions of the Map Act concerning the design, improvement and survey data of subdivisions, the form and content of all maps provided for by the Map Act, and the procedure to be followed in securing the official approval of the commission, the city engineer, the planning manager, and council regarding such maps. To accomplish this purpose, the regulations set forth in this title are determined to be necessary for the preservation of the public health, safety, and general welfare; to promote orderly growth and development; to promote conservation, protection, and proper use of land; and to ensure provision for adequate circulation, utilities, and services. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1101.)

17.05.030 Considerations – General plan and zoning ordinance – Special provisions for housing developments.

(a)    No land shall be subdivided or developed for any purpose or use or in any manner which is not in conformity with the general plan or specifically authorized by the zoning ordinance.

(b)    The type and intensity of land use as shown on the general plan shall determine the type of streets, roads, highways, trails, utilities, and public services that shall be provided by the subdivider.

(c)    Notwithstanding any provision of this chapter and subject to the California Environmental Quality Act (Cal. Pub. Res. Code § 21000 et seq.):

(1)    No application to subdivide land to construct a housing development project shall be denied or conditioned in a manner that would reduce the density of the project or render it economically infeasible if the proposed project complies with all applicable, objective general plan, zoning, subdivision, and design review standards in effect at the time the application is determined to be complete, unless the approval authority makes a written finding that is supported by a preponderance of the evidence on the record that the project would have a specific, adverse impact upon the public health or safety unless disapproved or conditioned accordingly, and there is no other feasible method to satisfactorily mitigate or avoid the adverse impact. For purposes of this subsection, it is the applicant’s burden to show by a preponderance of the evidence that any condition on a housing development project would have the effect of rendering the project economically infeasible.

(2)    No application to subdivide land to construct an emergency shelter or housing development project for very low, low, or moderate income households, including farmworker housing, shall be denied or approved subject to conditions, including design changes, lower density, or a reduction in the percentage of a lot that may be occupied by a building or structure under the applicable planning and zoning in force at the time the application is determined complete, that have an adverse effect on the viability or affordability of the project, unless any of the findings identified Cal. Gov’t Code § 65589.5(d) is made in writing and is supported by a preponderance of the evidence.

(3)    For purposes of this subsection, the term “housing development project” includes projects containing two or more residential units, mixed-use projects with at least two-thirds of the proposed square footage designated for residential space, and transitional or supportive housing, as defined in Cal. Gov’t Code § 65589.5(h). The term “housing for very low, low, or moderate income households” shall have the meaning ascribed by Cal. Gov’t Code § 65589.5(h), and the term “specific, adverse impact” shall have the meaning ascribed in Cal. Gov’t Code § 65589.5(j). (Ord. 1050 § 1, 6-10-75; Ord. 05-2018 § 1, 3-20-18. 1990 Code § 8-1102.)

17.05.040 Application.

The regulations set forth in this title shall apply to all subdivisions or parts thereof within the city of Fremont and to the preparation of maps provided therefor by the Map Act. Each such subdivision and each part thereof lying within the city shall be designed and each such map shall be prepared and presented for approval as hereafter provided for and required. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1103.)

17.05.050 Advisory agency.

(a)    Tentative Maps. The commission shall constitute the advisory agency for tentative maps. When tentative maps for parcel maps are referred to the commission, the commission shall constitute the advisory agency for that item.

(b)    Parcel Maps. The planning manager shall constitute the advisory agency for parcel maps and their respective tentative maps unless the planning manager refers such tentative maps to the commission for its consideration.

(c)    Lot Line Adjustments. The planning manager shall constitute the advisory agency for lot line adjustments.

(d)    Vesting Tentative Maps. The commission shall constitute the advisory agency for vesting tentative maps, except when filed in place of a tentative parcel map, in which case the advisory agency shall be the planning manager. (Ord. 1050 § 1, 6-10-75; Ord. 1231 § 1, 2-21-78; Ord. 1707 § 2, 1-14-86; amended during 2012 reformat. 1990 Code § 8-1104.)

17.05.060 General responsibilities.

(a)    Subdivider. The subdivider shall prepare maps consistent with the design standards and accomplish improvements consistent with the improvement standards as contained in this title and shall process such maps in accordance with the regulations set forth herein.

(b)    Planning Manager. The planning manager shall stamp the date and time received and be responsible for design analysis, and the expeditious processing of such maps and prompt referral thereof to other governmental boards, bureaus and agencies and affected utility companies, both public and private. In addition, he/she shall perform those responsibilities as assigned to him/her by this title.

(c)    City Engineer. The city engineer shall be responsible for reporting to the commission and the council as to whether the proposed design and improvements are consistent with the regulations contained herein and shall be responsible further for the supervision and approval of all such improvements.

(d)    City Council. The city council, as the legislative body, has final jurisdiction in the approval of final subdivision maps, the establishment of standards of design and improvements, and the acceptance of such lands and/or improvements as may be proposed for dedication as a result of the subdivision process. It also has jurisdiction as an appellate agency in cases in which appeals to the council are authorized by this title.

(e)    Other Public Agencies. Since the provision of some public facilities and utilities are vested in special districts and governmental boards, bureaus or agencies and utility companies, both public and private, whose jurisdiction includes the city and contiguous surrounding area and whose services will be required in those areas which are subdivided under the regulations herein, this title requires the referral of all proposed subdivision maps to such agencies for their information, action and written report as an integral part of the subdivision process. The planning manager shall coordinate the dissemination of information regarding the proposed subdivision of land, and the advisory agency shall consider the written report of the public agencies and shall take into account the requirements of such groups in recommending approval, conditional approval, or disapproval of the proposed subdivision. Distribution may include the following:

(1)    The planning commission of any other city within one mile of the subdivision.

(2)    The district engineer of the Department of Transportation of the state of California.

(3)    The Fremont unified school district.

(4)    The city fire department.

(5)    The county health officer.

(6)    The city engineer.

(7)    The county surveyor.

(8)    Alameda County flood control and water conservation district.

(9)    Union sanitary district.

(10)    Alameda County water district.

The above list is not intended to be exclusive or to prevent the circulation of the proposed tentative map and accompanying data to any other agency and/or public or private utility affected by the proposed subdivision. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1105.)