Part IV — LAND DIVISIONS

A.

Citation and Authority. Chapter 15, Part IV of the Fresno Municipal Code shall be known and cited as the Subdivision Ordinance of the City. Authority for this Part is found in Title 7, Division 2 of the California Government Code, which is referred to as the Subdivision Map Act (Map Act; Sections 66410 et. seq. of the California Government Code).

B.

Purpose. The purpose of this Subdivision Ordinance is to regulate the division of land within the city. These provisions implement and supplement the requirements of the Map Act concerning the design and improvement of subdivisions and regulating other divisions of land within the city including the form and content of all maps and the procedure to be followed in securing official approval. This Ordinance is intended to protect and preserve public health, safety, and general welfare and promote orderly growth and development. The provisions of this Subdivision Ordinance are more specifically intended to:

1.

Ensure that the design and improvement of subdivisions is consistent with and promotes the goals and policies of the General Plan and applicable operative plans;

2.

Provide for adequate access and circulation across all modes of transportation;

3.

Ensure the availability of adequate public facilities;

4.

Provide options for the future development of adjacent properties; and

5.

Protect and enhance property values.

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

A.

Applicability. This Subdivision Ordinance shall apply to all, or parts of subdivisions or Parcel Modifications within the city.

B.

Subdivision Approval Required. The regulations set forth in this Subdivision Ordinance apply to all parts of subdivisions within the city and to the preparation of subdivision maps and to other maps provided for by the Map Act. Each subdivision and each part thereof lying within the city shall be made and each map shall be prepared and presented for approval as provided for and required by this Subdivision Ordinance.

C.

Compliance with Other Regulations.

1.

Per the Map Act (Section 66473.5), a map may only be approved if the proposal complies with the General Plan and operative plan, if applicable.

2.

The approval or conditional approval of a subdivision map, Lot Line Adjustment, or Parcel Merger shall not authorize an exception or deviation from any zoning regulation or operative plan, or as an approval to proceed with any development in violation of other applicable provisions.

D.

References to the Map Act. Where the Subdivision Ordinance references applicable provisions of the Map Act, the reference shall be interpreted to be to the applicable Map Act provisions as they may be amended from time to time.

E.

Map Act Reference Numbers. Map Act section numbers provided in references to the Map Act are for the convenience of readers. Numbers may be superseded by more recent Map Act amendments.

F.

Conflicts with the Map Act. In the event of any conflicts between the provisions of this Subdivision Ordinance and the Map Act, the Map Act shall govern.

G.

Definitions. Refer to Section 15-6802 and the Map Act. In the event of any conflicts between the definitions of this Subdivision Ordinance and the Map Act, the Map Act shall govern.

H.

Pre-Annexation Filing of a Subdivision. In accordance with the Map Act (Section 66454), an application for a proposed subdivision of unincorporated territory adjacent to the city within the Sphere of Influence may be filed with the City pursuant to the Memorandum of Understanding between the City and County. The map, in the discretion of the City, may be acted upon as outlined in the Map Act (Section 66452), except that if it is approved, such approval shall be conditioned upon annexation of the property to the city.

I.

Determining the Legality of Parcels.

1.

Parcels Created Before January 1, 1968.

a.

Incorporated. Parcels created before January 1, 1968 shall be deemed to be legally created if the parcel was created in compliance with the City's Parcel Map Ordinance in effect at that time.

b.

Unincorporated. Refer to the Map Act (Section 66412.6).

2.

Parcels Created Before March 4, 1972. Parcels shall be deemed to be legally created if the parcel was created in compliance with the City of Fresno's Parcel Map Ordinance in effect at that time.

3.

Parcels Created After March 4, 1972. Parcels created after March 4, 1972 shall be deemed to have been legally created if the parcel was created in compliance with the Subdivision Map Act.

4.

Substandard Parcels.

a.

Substandard parcels that were created after 1956 and for which a City permit was issued and created in conformance with the Subdivision Ordinance in effect at that time is considered to be a legal parcel.

b.

Substandard parcels shall not be deemed legal parcels unless evidence can be provided to the City that they were created pursuant to City-issued permits, approvals, and/or the Map Act.

c.

Substandard parcels which are deemed to be illegal parcels shall submit a Conditional Certificate of Compliance to be reviewed and approved by the Development Services Division.

J.

Grading and Erosion Control. Every map approved pursuant to this Ordinance shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property, set forth in the Fresno Municipal Code.

K.

Fees. All persons submitting maps and other documents required by the Subdivision Ordinance shall pay all required fees at the time of application and/or when environmental documentation is filed, whichever occurs first. Fees shall be established by the City pursuant to the Map Act (Section 66451.2) and the Mitigation Fee Act (Sections 66000 to 66025 of the Government Code).

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

None of the provisions in the Subdivision Ordinance or in any other ordinance or resolution of the City, or in any rule or regulation promulgated pursuant thereto, whether pre-existing, existing, or in the future, are intended to create or to be construed to create an imposition of civil liability on the City, its Council, commissioners, officers, or employees while acting in accordance with such provisions.

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

The sections, paragraphs, sentences, clauses and phrases of the Subdivision Ordinance are severable. If any phrase, clause, sentence, paragraph, or section of the Subdivision Ordinance is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of the Subdivision Ordinance.

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

Sec. 15-3105. - ADMINISTRATION AND COMMON PROCEDURES.

A.

Responsibility for Administration. The Director and City Engineer are authorized and directed to administer and enforce the provisions of this Subdivision Ordinance and applicable provisions of the Map Act for subdivisions within the city.

B.

Powers and Responsibilities.

Council. The Council shall:

a.

Act as the final appeal board for hearing appeals of the approval, conditional approval, or denial of maps for all land divisions and adjustments;

b.

Consider all dedications in the event that the City Engineer does not take action;

c.

Take action on Final Maps pursuant to the Map Act (Section 66458);

d.

Consider actions on Appeal. The Council shall take action on items brought before the Council on appeal of the Commission decision, which may include, Tentative Maps, Vesting Tentative Maps, Parcel Maps, Lot Line Adjustments, and Voluntary Parcel Mergers. For actions on appeal, the Council may approve, conditionally approve, or deny the above submissions, subject to the requirements of the Map Act; and

e.

Accept dedications and improvements for subdivisions and offsite dedications lying outside a subdivision boundary that require a separate grant deed.

2.

Planning Commission. The Planning Commission shall:

a.

Approve, conditionally approve, or deny Tentative Maps and impose requirements or conditions thereon per the Map Act (Section 66474.7); and

b.

Where provided by this Code, the Commission shall serve as the appeal body for decisions of the Director and City Engineer.

3.

Director. The Development and Resource Management Department Director (the "Director") shall:

a.

Determine if application is complete and provide notification to applicant;

b.

Approve, conditionally approve, or deny Parcel Maps;

c.

Report the findings together with any recommendations for approval, or conditional approval, to the Commission for Tentative Maps;

d.

In consultation with the City Engineer, determine if proposed subdivision improvements comply with the provisions of this Subdivision Ordinance and the Map Act; and

e.

In consultation with the City Engineer, determine if Final Maps are in substantial conformance with approved Tentative Maps.

4.

City Engineer. The City Engineer shall:

a.

Establish design and construction details, standards, and specifications;

b.

Approve, conditionally approve, or deny Lot Line Adjustments and Voluntary Parcel Mergers;

c.

Determine that all public facilities and improvements required of land divisions are adequate are provided per City standards;

d.

Process Final Maps, reversion to acreage maps; the processing and approval of subdivision improvement plans, and certificates of compliance;

e.

Examine and conclude that Final Maps are in substantial conformance with the approved Tentative Map;

f.

Inspect and approve of subdivision improvements; and

g.

Record a notice of completion of private subdivision improvements when not to be maintained by the City.

5.

Subdivision Review Committee (SRC).

a.

SRC Members. The Subdivision Review Committee (SRC) shall be comprised of public service providers, City staff, and others the Director determines should comment on proposed maps.

b.

SRC Review.

i.

The SRC shall review all Tentative Maps, while the Director at his/her discretion, may also refer Tentative Parcel Maps to the SRC.

ii.

The SRC shall review maps for:

(1)

Compliance and consistency with applicable provisions of this Development Code, the Municipal Code, the General Plan, operative plan (if applicable), utility plan, the City's standard specifications and plans, and the Map Act;

(2)

Conditions necessary for the map to comply with the above requirements; and

(3)

Basis for determining that the map complies with the required findings in Section 15-3310, Required Findings for Tentative Parcel Maps and Tentative Maps.

c.

SRC Role. The SRC shall provide pre-application consultation in accordance with Section 15-3304 of this Code and advise the Director and City Engineer.

6.

Planning Division. The Planning Division shall:

a.

Collects fees related to the processing of Tentative Maps and Tentative Parcel Maps;

b.

Process Tentative Maps and Tentative Parcel Maps; and

c.

Investigate proposed subdivisions for conformity to the General Plan, Specific and operative plans, and the Zoning Ordinance, and reporting findings together with recommendations for approval, conditional approval, or denial of Tentative Maps.

7.

Public Works Department. The Public Works Department shall:

a.

Be responsible for the processing of Final Maps; and

b.

Process Lot Line Adjustments and Mergers.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2018-66, §§ 52, 53, eff. 1-18-19).

Sec. 15-3106. - REVIEW AUTHORITIES FOR SUBDIVISION DECISIONS.

Pursuant to the Map Act (Sections 66415, 66452.1, & 66458) Table 15-3106 identifies the City official or authority responsible for reviewing and making decisions on each type of subdivision application and other decision required by this Subdivision Ordinance. Any reference to a City official or authority shall include their authorized representative(s).

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