Chapter 17.30
IMPROVEMENTS AND GENERAL REQUIREMENTS
Sections:
17.30.010 Bridge crossing and major thoroughfares.
17.30.040 Installation of utility facilities.
17.30.050 Nonresidential subdivisions – Conformance to general plan.
17.30.060 Nonresidential subdivisions – Types of nonresidential subdivisions.
17.30.070 Nonresidential subdivisions – Principles and standards.
17.30.010 Bridge crossing and major thoroughfares.
(a) Purpose. The purpose of this section is to make provisions for assessing and collecting fees as a condition of approval of a final or parcel map or as a condition of issuing a building permit for the purpose of defraying the actual or estimated costs of constructing bridges or major thoroughfares pursuant to the Map Act.
(b) Definitions. Whenever the following words are used in this section, they shall have the meaning ascribed to them in this section:
(1) “Construction” means design, acquisition of rights-of-way, administration of construction contracts and actual construction.
(2) “Major thoroughfare” means a roadway, as shown on the circulation element of the general plan, whose primary purpose is to carry through traffic and provide a network connecting to the state highway system.
(3) “Bridge” means a bridge structure, together with appurtenant approaches and abutments, as shown on the transportation or flood control provisions of the circulation element of the general plan, which transportation or flood control provisions identify railways, freeways, streams or canyons for which bridge crossings are required on general plan, or local roads.
(c) General Plan. Whenever this section refers to the circulation element of the general plan or to the transportation or flood control provisions thereof, it shall mean the circulation element of the general plan and the transportation and flood control provisions thereof heretofore adopted by the city council pursuant to Cal. Gov’t Code Title 7, Chapter 3, together with any additions or amendments thereto hereafter adopted.
(d) Payment of Fees Required.
(1) Prior to filing a final or parcel map which includes land within an area of benefit established by the city council, the subdivider shall pay or cause to be paid any fees established and apportioned to said property pursuant to the resolution establishing the area of benefit for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, or canyons, or of constructing major thoroughfares.
(2) Prior to the issuance of a building permit for construction on any property within an area of benefit established by the city council, the applicant for such permit shall pay or cause to be paid any fees established and apportioned pursuant to the resolution establishing the area of benefit for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeway or canyons or of constructing major thoroughfares, unless such fees have been paid pursuant to subsection (d)(1) of this section.
(3) Notwithstanding the provisions of subsections (d)(1) and (d)(2) of this section:
(A) Payment of bridge fees shall not be required unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of adoption of the boundaries of the area of benefit.
(B) Payment of major thoroughfare fees shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the area of benefit.
(e) Public Hearing. Prior to establishing an area of benefit, a public hearing shall be held by the city council, at which time the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment shall be established. Notice of such public hearing shall be given to the persons prescribed, shall contain the matters prescribed, and shall be given in the manner provided by Cal. Gov’t Code § 66484.
(f) Protest.
(1) At any time not later than the hour set for hearing objections to the proposed bridge facility or major thoroughfare, any owner of property to be benefited by the improvement may file a written protest against the proposed bridge facility or major thoroughfare or against the extent of the area to be benefited by the improvements or against both of them. Such protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and if the signers are not shown on the last equalized assessment roll as the owners of the property, such protests must contain or be accompanied by written evidence that such signers are the owners of such property. All such protests shall be delivered to the city clerk and no other protest or objections shall be considered. Any protests may be withdrawn by the owners making the same, in writing, at any time prior to the conclusion of the public hearing.
(2) If there is a written protest filed with the city clerk by the owners of more than one-half of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefited, then the proposed proceedings shall be abandoned, and the city council shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the establishment of an area of benefit for the same area.
(g) Exemptions. Notwithstanding the provisions of subsection (d) of this section, payment of such fees shall not be required for:
(1) The use, alteration or enlargement of an existing building or structure, or the erection of one or more buildings or structures accessory thereto, or both, on the same lot or parcel of land, if the total value, as determined by the chief building official, of all such alteration, enlargement or construction completed within any one-year period does not exceed one-half of the current market value, as established by the county assessor, of all existing buildings on such lot or parcel of land, and the alteration or enlargement of the building is not such as to change its classification of occupancy as defined by the California Building Code as locally amended.
(2) The following accessory building and structures: private garages, children’s playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, coops and other buildings which are accessory to one-family or two-family dwellings.
(h) Consideration In Lieu of Fees. Upon application by the subdivider or applicant for a building permit, the council may accept consideration in lieu of fees required pursuant to this subsection, provided:
(1) The city council finds upon recommendation of the city engineer that the substitute consideration has a value equal to or greater than the fee; and
(2) The substitute consideration is in a form acceptable to the city council. (Ord. 1050 § 1, 6-10-75; Ord. 1569 § 21, 9-13-83; Ord. 5-2008 § 2, 4-1-08. 1990 Code § 8-1600.)
17.30.020 Completion.
A complete as-built improvement plan shall be filed with the city engineer upon completion of the improvements. The as-built plans shall be duplicate tracings on cloth or mylar of not less than three one-thousandths inches in thickness at a scale of one inch equaling not more than 50 feet, on 24-inch by 36-inch sheets with two-inch left margin. In addition, a 35-millimeter microfilm set filmed at a reduction of 24 to one of as-built conditions shall be submitted or cash in lieu of such a microfilm set. Upon receipt and acceptance of the as-built plan, the city engineer shall recommend formal acceptance by the council. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1611.)
17.30.030 Bench marks.
Elevations on Fremont city datum shall be shown on the as-built improvement plans for all monuments in the subdivision. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1612.)
17.30.040 Installation of utility facilities.
Services from public utilities and from sanitary sewers shall normally be made available for each lot in such manner as will obviate the necessity for disturbing the street pavement, gutter, culvert and curb when service connections are made. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1613.)
17.30.050 Nonresidential subdivisions – Conformance to general plan.
The street and lot layout of a nonresidential subdivision shall be appropriate to the land use for which the subdivision is proposed, and shall conform to the proposed land use and standards established in the general plan and zoning ordinance. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1614.)
17.30.060 Nonresidential subdivisions – Types of nonresidential subdivisions.
Nonresidential subdivisions shall include industrial subdivisions, and may include commercial subdivisions. (Ord. 1050 § 1, 6-10-75; Ord. 16-2015 § 2, 6-2-15. 1990 Code § 8-1615.)
17.30.070 Nonresidential subdivisions – Principles and standards.
In addition to the principles and standards in this title which are appropriate to the planning of all subdivisions, the subdivider of a nonresidential subdivision shall demonstrate to the satisfaction of the advisory agency that the street, lot and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed:
(a) Proposed industrial parcels shall be suitable in area and dimensions to the types of nonresidential development anticipated.
(b) Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereon.
(c) Special requirements may be imposed by the city with respect to street, curb, gutter and sidewalk design and construction.
(d) Special requirements may be imposed by the city with respect to the installation of public utilities, including water, sewer and storm water drainage.
(e) Every effort shall be made to protect adjacent residential areas from potential nuisance from the proposed nonresidential subdivisions.
(f) Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas, or connected to streets intended for predominantly residential traffic.
(g) A subdivision map for a proposed commercial development shall specifically designate all areas proposed for vehicular circulation and parking, for pedestrian circulation, and for buffer strips and other landscaping. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1616.)