Chapter 17.25 STANDARDS AND DEDICATIONS

Except where modified by the commission or the planning manager as provided by this title, each subdivision and the map thereof shall be in conformity with the standards as set forth or referred to in this chapter. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1500.)

17.25.020 Subdivision standards – Exception for remainder parcels.

Improvement requirements for designated remainder parcels will not be required until one of the following conditions occurs:

(a) Development of the remainder parcel;

(b) An agreement between the subdivider and the city requires such improvements;

(c) A determination is made by the city engineer that construction of such improvements is necessary for public health and safety;

(d) A determination is made by the planning manager that construction of such improvements is a necessary prerequisite to the orderly development of the surrounding area. (Ord. 1569 § 18, 9-13-83; amended during 2012 reformat. 1990 Code § 8-1500.1.)

17.25.030 Buildable lots.

All subdivisions shall result in the creation of lots which are developable and capable of being built upon. No subdivision shall create lots which are impractical of improvement due to steepness of terrain, location of watercourses, or other natural physical conditions except when said subdivision is designed for nonhabitable uses. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1501.)

17.25.040 Access to public or private streets.

All lots created by a subdivision shall have access to a public street in accordance with the standards hereinafter required. Private streets may be permitted if the advisory agency determines that the most logical development of the land requires private street access. Private street submittals shall be referred to the planning commission where the commission is the approving agency for any accompanying applications.

The planning manager may refer private street submittals to the planning commission in instances where there would logically be a public street or where development is not well defined. Otherwise, the planning manager shall be the approving agency for private streets.

The subdivider shall submit a development plan showing the alignment, width, grade, and material specifications of any proposed private street, the topography and means of access to each lot, and drainage of the subdivision. Construction of the private street as approved by the city engineer shall be completed prior to completion of construction of any buildings and/or occupancy of any lots. This requirement may be waived by the city engineer where dictated by circumstances and where improvement security for the ultimate development of the private street is provided. (Ord. 1050 § 1, 6-10-75; Ord. 1659 § 4, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1502.)

17.25.050 Streets and thoroughfares – Conformance.

The subdivision design shall conform to the pattern of thoroughfares designated in the general plan and to any future street rights-of-way designated by the commission and approved by the council. Whenever a map embraces or is adjacent to any thoroughfare so designated, any part of such thoroughfare included in the map shall be platted by the subdivider in the location indicated. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1503.)

17.25.060 Streets and thoroughfares – Minimum standards and functions.

The function and purpose of the various classifications of roadways are as follows:

(a) Freeway. A state-owned and fully controlled roadway providing for expeditious movement of large volumes of through traffic around or through urban areas. The freeway, being a part of a state or national system, provides for the expeditious movement of long trips between cities, regions and states.

(b) Parkway, Major and Secondary Thoroughfare. A vehicular route so designated on the general plan, or any other vehicular route so designated by the council pursuant to a recommendation by the commission. It provides for relatively large traffic movements between, within, and across urban areas for movement of long trips between communities and subregions and for direct service to principal generators, connections to freeways, expressways and other arterials.

(c) Collector Street. A street intermediate in importance between a minor street and a thoroughfare which collects local traffic and carries it to a thoroughfare. It provides traffic service to and from community centers and generators and provides direct access to abutting properties.

(d) Major Industrial Street. A street which is the same as a thoroughfare, except that it services a large industrial area primarily as a collector street upon which heavy truck and vehicular traffic occur.

(e) Minor Street (Residential Commercial and Industrial). A street intended wholly or principally for local traffic or service to abutting properties.

(f) Frontage Roads (Residential or Commercial). A street normally adjacent to a thoroughfare and occasionally parallel to a railroad right-of-way, open space, or other use for which no access is provided. The street provides service to the abutting property on one side and, where parallel to a thoroughfare, is separated therefrom by a landscaped dividing strip.

(g) Alley. A street which provides only secondary access to abutting properties.

(h) Cul-de-Sac. A local service street open at one end with special facilities at the closed end for the turning around of vehicular traffic. It provides primary vehicular access to abutting properties.

Where higher standards have not been established as specified in this chapter, all streets and thoroughfares shall be platted according to the following minimum standards, except where it can be shown by the subdivider to the satisfaction of the commission or the city engineer that the topography or the small number of lots served and the probable future traffic development are such as to unquestionably justify a narrower width. Increased widths may be required where streets are to serve commercial property or where probable traffic conditions warrant such.

Classification		Right-of-Way (feet)	Pavement Width (Including Medians) (feet)
(1)	Parkway	120	84
(2)	Major thoroughfare:
	With backup lots:
	4 lanes	116 – 124	84
	6 lanes	140 – 148	108
	Without backup lots:
	4 lanes	104	84
	6 lanes	128	108
(3)	Secondary thoroughfare:
	With backup lots	96 – 104	64
	Without backup lots	84	64
(4)	Residential collector street	60	40
(5)	Major industrial street	88	68
(6)	Minor industrial or commercial street	64	44
(7)	Minor residential street	56	36
(8)	Residential frontage road	37	29
(9)	Commercial frontage road	42	34
(10)	Alley	30	30

(11) Culs-de-sac shall terminate in a circular turnaround with a minimum right-of-way diameter of 100 feet and a minimum pavement diameter of 80 feet. Culs-de-sac for industrial streets shall have a minimum right-of-way diameter of 150 feet and a minimum pavement diameter of 130 feet. A cul-de-sac shall not normally exceed 500 feet in length and the right-of-way and pavement widths shall be in accordance with the following schedule:

Minimum Number of Dwelling Units Abutting Cul-de-Sac	Minimum R/W	Minimum Pavement Width
0 – 20	52 feet	32 feet
21 – 30	56 feet	36 feet
31 +	60 feet	40 feet

(Ord. 1050 § 1, 6-10-75; Ord. 1231 § 13, 2-21-78, Ord. 1659 § 4, 5-7-85. 1990 Code § 8-1504.)

17.25.070 Streets and thoroughfares – Street pattern.

The street pattern in the subdivision shall be in general conformity with a plan for the most advantageous development of adjoining areas and the entire neighborhood or district. The following principles shall be observed:

(a) Where appropriate to the design, proposed streets shall be continuous and in alignment with existing, planned or platted streets with which they are to connect. The center lines of streets not in alignment shall be offset at least 128 feet.

(b) Proposed streets shall be extended to the boundary lines of the land to be subdivided, unless prevented by topography or other physical conditions, or unless, in the opinion of the advisory agency, such extension is not necessary for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of adjacent tracts.

(c) In the case of stub-end streets extending to the boundary of the property, a one-foot strip the width of the street right-of-way shall be deeded to the city at the end of the stub-end street, and improvements of the strip shall be suspended, pending the extension of the street into adjacent property. Where required by the advisory agency, a temporary turnaround or a temporary connection to another street shall be provided by the subdivider.

(d) Proposed streets shall intersect one another as nearly at right angles as topography and other limiting factors of good design permit.

(e) Excessively long straight residential streets, conducive to high speed traffic, shall be prohibited.

(f) Alleys as public streets shall not be permitted in residential subdivisions, but may be required in nonresidential subdivisions. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1505.)

17.25.080 Streets and thoroughfares – Design adjacent to thoroughfares.

Subdivision design adjacent to thoroughfares shall be as specified in the general plan, and as determined by the advisory agency. The following principles and standards shall be observed:

(a) Street design shall have the purpose of making adjacent residential lots desirable for such use by cushioning the impact of heavy traffic, and of minimizing the interference with traffic on such thoroughfares.

(b) The number of intersecting streets along thoroughfares shall be held at a minimum. Wherever practicable, such intersections shall be spaced not less than 1,320 feet on center.

(c) Frontage roads, if required, shall conform to the standards specified in this chapter, and shall be separated from a thoroughfare by a strip of permanent landscaping, subject to approval by the advisory agency, upon the recommendation of the park superintendent, and shall be not less than eight feet in width. Frontage roads shall enter thoroughfares by means of bulb-type intersections.

(d) Where frontage roads are not required, residential lots adjacent to the thoroughfare normally will be required to be served by a minor street paralleling the thoroughfare, or by a series of culs-de-sac or loop streets extending toward the thoroughfares from a collector street some 600 feet therefrom. In such cases a wall of a design (featuring varied or undulating setbacks) and height as approved by the advisory agency shall be required within the right-of-way at the rear of properties adjacent to the thoroughfare. A strip of permanent landscaping varying from 16 to 10 feet in width, subject to approval of the advisory agency, shall be required adjacent to the wall facing the thoroughfare.

(e) When the rear of any lot borders any thoroughfare, the subdivider will be required to prohibit the right of access from the thoroughfare to the lot and shall provide backup treatment to the thoroughfare, subject to approval of the advisory agency. (Ord. 1050 § 1, 6-10-75; Ord. 1231 § 14, 2-21-78; Ord. 1569 § 19, 9-13-83. 1990 Code § 8-1506.)

17.25.090 Streets and thoroughfares – Grades, curves and sight distances.

Grades, curves, and sight distances shall be subject to approval by the city engineer to ensure proper drainage and/or safety for vehicles and pedestrians. The following principles and minimum standards shall be observed:

(a) Grades of streets shall not be less than three-tenths percent, nor greater than 15 percent, except as provided in Section 17.25.120.

(b) At street intersections, property line corners shall be rounded by an arc, the radius of which shall be not less than 10 feet.

(c) The radii of curvature shall not normally be less than 400 feet on the center line of thoroughfares, and not less than 100 feet on the center line of collector or minor streets. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1507.)

17.25.100 Streets and thoroughfares – Curbs, sidewalks, trails and bikeways.

Except as provided in Section 17.25.120, the following principles and standards shall apply to the design and installation of curbs, sidewalks, trails, and bikeways:

(a) Vertical curbs and gutters shall be required in all subdivisions when adjacent to a sidewalk.

(1) However, where curb gutter installation has not been started, rolled curbs and gutters may be used in lieu of vertical curbs in the Historic Niles Area, subject to approval by the planning commission. For the purposes of this section, the “Historic Niles Area” shall mean that area bordered by Mission Boulevard, Alameda Creek, BART and the Union City/Fremont boundary.

(2) In the case where curb and gutter has been started, the same type of installation shall continue on those streets.

(b) Sidewalks shall be required on both sides of the street in any subdivision or portion thereof having any lot with an area of less than one-half acre.

(c) The requirement for sidewalks may be waived, at the discretion of the advisory agency, in a subdivision or section thereof in which all lots have an area of one-half acre or more.

(d) When required for access to schools, playgrounds, shopping centers, transportation facilities, other community facilities, or for unusually long blocks, the advisory agency may require connecting trails and bikeways. Such trails and bikeways shall be designed pursuant to adopted standards.

(e) Sidewalks shall normally be located within the street right-of-way. (Ord. 1050 § 1, 6-10-75; Ord. 1641 § 1, 12-18-84; Ord. 2256 § 1, 7-29-97; Ord. 6-2012 § 1, 5-1-12. 1990 Code § 8-1508.)

17.25.110 Noise attenuation – Residential lots adjacent to freeways, railroads, thoroughfares, parkways and certain uses.

Residential lots adjacent to the right-of-way of a freeway, railroad (including rapid transit district line), thoroughfare or parkway, or to industrial, commercial or recreational uses, shall be protected by suitable noise attenuation structures and/or design features, including but not limited to walls, fences and mounds, which are capable of reducing the community noise equivalent level (CNEL) emanating from such uses or rights-of-way to such lots to 60 db(A); provided, however, that where the planning manager finds, based upon studies in the possession of the city as to the existing or projected ambient noise levels adjacent to any such right-of-way or use, that such community noise equivalent level will be at an acceptable level, or that the CNEL noise level on the residential lots will be reduced to 60 db(A) or less by a reduction of noise transmitted to the subject site through the enforcement of other provisions of this code, including but not limited to noise performance standards and use permit conditions, the report prepared by a professional acoustician may be waived. The advisory agency shall have the power to require, as a condition of approval of a tentative map or tentative parcel map, that the subdivider install such noise attenuation structures or design features adjacent to such residential lots as are recommended in the acoustician’s report as will be sufficient to reduce the community noise equivalent level to one which is normally acceptable. (Ord. 1215 § 2, 12-20-77; Ord. 1813 § 2, 3-15-88; amended during 2012 reformat. 1990 Code § 8-1508.5.)

17.25.120 Hillside and large lot subdivisions.

In the case of subdivisions or portions thereof having an average slope of not less than eight percent, the advisory agency in the exercise of its discretion may modify the foregoing requirements of this title in a manner that will result in the best possible utilization of the land to be subdivided, giving consideration to the topography of the land and the general character of the proposed subdivision. The principles and standards as adopted by city council resolution shall be observed. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1509.)

17.25.130 Private streets.

Where private streets are permitted, the development policy for private vehicular access ways and private street standards adopted by the city council shall be observed. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1510.)

17.25.140 Trees.

(a) Street trees shall be provided by the subdivider in all subdivisions, either within the street right-of-way, or within a dedicated planting easement, not less than seven feet wide adjacent to the street, as required. Street trees shall be selected from a list of trees approved by the city for planting and installed in accordance with the standard detail adopted by the council.

(b) Private trees with trunk diameters of six inches or more, measured at four and one-half feet above the tree’s natural grade, shall be preserved and retained in place unless removal or relocation is permitted or authorized in accordance with Sections 18.215.010 et seq. Private trees that are to be preserved and retained shall be noted on an approved tentative map or tentative parcel map.

(c) In lieu of a requirement that the subdivider plant street trees, the subdivider may be required to deposit funds to permit the city to plant such trees in cases where the city has determined as part of the development approval that it is not feasible for the subdivider to plant the trees.

(d) The city manager shall establish and maintain a list of trees approved for planting as street trees. The city manager shall periodically update the list, and shall amend the list as may be directed by the city council. (Ord. 1050 § 1, 6-10-75; Ord. 2481 § 13, 7-23-02; Ord. 11-2010 § 14, 5-25-10. 1990 Code § 8-1511.)

17.25.150 Utilities.

(a) All electric, power, and communications lines, wires, and conduits or similar or associated electrical materials or devices shall be placed underground pursuant to the regulations, exceptions, and other standards and provisions of Chapter 12.35.

(b) Utility easements 10 feet in width shall be provided within the subdivision where required for public utility purposes. Modification of the easement width requirement may be granted only when approved by both the city engineer and the public utility or utilities concerned. Under normal circumstances utility facilities which are to be placed underground shall be located within the street right-of-way; provided, that upon the mutual agreement of the city engineer, subdivider, and utility or utilities concerned, such facilities may be located in easements within the front yard or along the side lot line or rear lot line. If overhead public utility facilities are allowed, they shall normally be located in rear or side yard easements, except upon proof that this cannot be accomplished by reasonably available and economic means; provided, that in an industrial park (I-P) district established pursuant to the zoning ordinance, the overhead wires and supporting structures allowed to be erected in such districts shall be placed within approved easements located along rear lot lines if such rear lot lines do not join the side lot line of an adjacent parcel. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1512.)

17.25.160 Residential lot and block design.

Blocks shall have sufficient width for an ultimate layout of two tiers of lots therein of the size required by the provisions herein or the zoning ordinance, unless the surrounding layout or lines of ownership justify or require a variation from this requirement. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1513.)

17.25.170 Block standards.

Blocks shall not normally exceed 2,000 feet in length between street lines, except in hillside subdivisions and where subdivisions containing lots of one-half acre or larger justify or require a variation from this requirement. In any block over 900 feet in length the advisory agency may require that a crosswalk or pedestrian way, not less than 20 feet in width, be provided near the center and entirely across such block. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1514.)

17.25.180 Lot standards.

The size, shape, and orientation of lots shall be appropriate to the location of the proposed subdivision and to the type of development contemplated. The following principles and standards shall be observed:

(a) The minimum area and dimensions of all lots shall conform to the requirements of the zoning ordinance for the district in which the subdivision is located.

(b) The side lines of all lots, so far as possible, shall be at right angles to the street which the lot faces, or approximately radial to the center of curvature, if such street is curved. Side lot lines shall be approximately radial to the center of curvature of a cul-de-sac on which the lot faces.

(c) No lot shall have a street frontage less than 35 feet, except for lots within attached housing1 and detached townhome1 developments, subject to approval by the reviewing agency.

(d) No lot shall have a width less than 45 feet at the building setback line, except for lots within attached housing1 and detached townhome1 developments, subject to approval by the reviewing agency.

(e) Corner lots for residential use shall be platted a minimum of 10 feet wider than interior lots in order to permit conformance with the required street side yard requirements of the zoning ordinance.

(f) No lot shall have a depth of less than 100 feet, except for lots within attached housing1 and detached townhome1 developments, subject to approval by the reviewing agency.

(g) No lot shall be divided by a city boundary line.

(h) A lot depth in excess of twice the width shall be avoided whenever possible, except for lots within an attached housing1 or detached townhome1 development, which shall generally not have a lot depth in excess of three times the width.

(i) No remnants of property shall be left in the subdivision that do not conform to lot requirements, and are not required for a private or public utility purpose.

(j) A “flag lot” shall have a minimum street frontage of not less than 26 feet. Flag lots created prior to December 6, 2016, with a street frontage not less than 20 feet are considered conforming lots with regard to street frontage. (Ord. 1050 § 1, 6-10-75; Ord. 1659 § 4, 5-7-85; Ord. 1733 § 1, 8-5-86; Ord. 1959 § 1, 2-5-91; Ord. 2366 § 1, 1-11-00; Ord. 16-2015 § 1, 6-2-15; Ord. 27-2016 § 1, 12-6-16. 1990 Code § 8-1515.)

17.25.190 Street structural standards.

The structural section (thickness, design) for all streets shall be as determined by the city engineer. Such structural section design shall be based upon standards as approved by resolution of the city council. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1516.)

17.25.200 Water system.

The minimum improvements for the provisions of a water supply to adequately serve the domestic and fire requirements of a subdivision shall be in compliance with the development policy for water system planning and design as adopted by the city council. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1517.)

17.25.210 Trails and bikeways.

The subdivision design shall accommodate trails and bikeways as designated on the general plan or its elements or as required by Section 17.25.100. The standard geometrics and levels of improvement shall conform to the development policy and standards as adopted by the city council. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1518.)

17.25.220 Mailboxes in public rights-of-way.

When post office regulations prohibit delivery of mail to mailboxes which are not located adjacent to curb lines, the subdivider shall install, as a part of the required improvements, mailboxes for each individual dwelling unit to be located within the subdivision.

Wherever possible, the subdivider shall install a uniformly designed mailbox no closer than six inches from the face of curb and at a height of four feet above the curb. The supports and box shall be of durable material, either wood, concrete or metal, set into the ground a minimum of 24 inches, and secured with concrete.

The design, color, and material shall be submitted to the planning manager for approval as a part of the submittals for the final map or parcel map. Colors and materials should reflect the character of the development and the box shall be subject to approval by the post office. Wherever possible, each two dwelling units shall be served from one position.

Where appropriate, group boxes serving an entire street may be considered if provisions for their location and design are made at the time of submittal for a tentative subdivision map approval. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1519.)

17.25.230 Flood hazards.

Where a subdivision is proposed which lies partially or totally within a (F) flood combining district, the following additional standards shall be maintained:

(a) Subdivision proposals for more than 50 lots or five acres shall identify the flood hazard area and the elevation of the 100-year flood.

(b) All final subdivision maps shall provide the elevation of any proposed structures or pad within any lot which lies partially or totally within a flood combining district. If the site is filled above the level of the 100-year flood, certification of the final pad elevations shall be made by a registered professional engineer or land surveyor and provided to the public works director.

(d) All public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed to minimize flood damage.

(e) Adequate drainage shall be provided to reduce exposure to flood damage.

(f) Where septic tanks are to be used, they shall be located in such a manner that any flooding would not impair their usefulness or cause contamination during flooding.

(g) The subdivider shall provide certification by a registered professional engineer of compliance with subsections (a) through (e) of this section. (Ord. 1050 § 1, 6-10-75; Ord. 1549 § 1, 3-22-83. 1990 Code § 8-1520.)

17.25.240 Urban and environmental design.

(a) In addition to the engineering standards set forth in this chapter, the subdivider shall be guided in the design of the subdivision by the land use and community character element of the general plan, and any applicable design guidelines to assure that the subdivision will create and preserve a livable, functional, and sustainable environment that contributes to the overall quality of life in Fremont. Where the advisory agency finds that the design intent is not being met, and that alternatives are available, it may require the design and improvements of the subdivision to meet such intent through specific recommendations and conditions of approval.

(b) Where an environmental impact report prepared for a subdivision includes mitigation measures, the advisory agency may require the subdivider to incorporate in the design of the subdivision and its improvements those measures which are within the control of the subdivider. (Ord. 1050 § 1, 6-10-75; Ord. 1659 § 4, 5-7-85; Ord. 6-2012 § 2, 5-1-12. 1990 Code § 8-1521.)

17.25.250 Minimum requirements.

The subdivider shall improve or agree to improve all streets, thoroughfares, public ways, trails, and easements in the subdivision and adjacent thereto as required to serve the subdivision. No permanent improvement work shall be commenced until improvement plans and profiles have been approved by the city engineer. Improvements shall be installed to permanent line and grade in accordance with the subdivision improvement standards and to the satisfaction of the city engineer. The minimum improvements which the subdivider normally shall make, or agree to make, at the cost of the subdivider, prior to acceptance and approval of the final subdivision map by the city shall be the following:

(a) Grading, curbs and gutter, paving, drainage, and drainage structures necessary for the proper use and drainage of streets, highways, and ways, trails, property, and for the public safety.

(b) Site grading and drainage, taking into consideration the drainage pattern of adjacent improved and/or unimproved property, and treating upstream areas as though fully improved, erosion control facilities, and structures in natural channels.

(d) Sidewalks, where required.

(e) Fire hydrants and water systems with mains of sufficient size and having a sufficient number of outlets to furnish an adequate water supply for each lot or parcel in the subdivision and to provide adequate fire protection.

(f) Sanitary sewer facilities and connections for each lot.

(g) Street lighting facilities.

(h) Street trees and mailboxes where required.

(i) Public utility facilities for electric power and telephone communications for each lot or parcel in the subdivision.

(j) Crossings of all railroads to provide access to or circulation within the proposed subdivision, including but not limited to the preparation of all documents necessary for application to the California Public Utilities Commission for the establishment and improvement of such crossings. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1522.)

Article II. Dedications and Reservations

17.25.260 Streets, alleys and easements.

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.)

17.25.270 Park land dedication.

(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.)

17.25.280 Reservations for public uses.

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.)

17.25.290 Standards and formula for reservation of land.

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.)

17.25.300 Standards and formula for reservation of land – Procedure.

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.)

17.25.310 Standards and formula for reservation of land – Payment.

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.)

17.25.320 Standards and formula for reservation of land – Termination.

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.)

17.25.330 Public access to water bodies and courses.

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.)

17.25.340 Public access to water bodies and courses – Access consideration.

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.)

17.25.350 Public access to water bodies and courses – Dedications on tentative, final and parcel maps.

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.)

17.25.360 Public access to water bodies and courses – Exceptions.

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.