Article 43 — CORRECTIONS AND AMENDMENTS OF MAPS

The purpose of this article is to establish procedures for the correction and amendment of maps. A subdivider may request amendments to an approved Tentative Map or Tentative Parcel Map, or conditions of approval of a map.

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

Sec. 15-4302. - TYPES OF AMENDMENTS TO AN APPROVED TENTATIVE MAP AND/OR TENTATIVE PARCEL MAP.

A.

Minor Revision. Changes determined by the Director to be in substantial compliance and that are consistent with the intent of the approved Tentative Map or Tentative Parcel Map may be approved where:

1.

The size, shape, and dimensions of lots and streets are in substantial compliance and are consistent with the Tentative Map;

2.

The number of lots, units, or building sites is not reduced to less than prescribed by the planned land use designation, zone district, or operative plan;

No lots, units, building sites, or structures are added;

4.

The amount of open space is not reduced;

5.

Pedestrian connectivity to schools, trails, open space, etc. is not reduced;

6.

Changes, in the opinion of the Director, are consistent with the intent of the original Tentative Map approval;

7.

There are no significant changes in parcel size and dimensions, pedestrian connectivity, and overall design; and

8.

There are no resulting violations of the Municipal Code.

B.

Major Revision. Major Revisions to an approved Tentative Map, Tentative Parcel Map, or amendments to conditions of approval may be approved by filing an application with the Department, if:

1.

The amendments are consistent with the intent of the original Tentative Map or Tentative Parcel Map approval;

2.

There are no resulting violations of the Municipal Code; and

3.

A one-time increase in the number of lots contained in the subdivision does not exceed the following number, provided that the permitted density is not exceeded. Should the additional lots result in the preparation of a Traffic Impact Analysis, the CEQA documentation shall be recirculated and the project shall be returned to the Review Authority for consideration.

a.

Subdivisions of 25 Lots or Less. No more than two additional lots.

b.

Subdivisions with 26-50 Lots: No more than three additional lots.

c.

Subdivisions with 51-75 Lots. No more than four additional lots.

d.

Subdivisions with 76-100 Lots. No more than five additional lots.

e.

Subdivisions in Excess of 100 Lots. No more than five lots for the first 100 lots plus two additional lots for each full 100 lots in excess of the first 100 lots.

C.

Other Amendments. Other amendments to an approved Tentative Map or Tentative Parcel Map or amendments to the conditions of approval, that in the opinion of the Director do not meet the criteria above, shall be treated as a new application.

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

Sec. 15-4303. - PROCESSING OF AMENDMENTS.

A.

Procedure for Filing an Amendment. The subdivider shall file an application with the City, together with the following additional information:

1.

A statement identifying the features of the map or particular conditions to be changed and the changes requested, the reasons why the amendment is requested, and any facts that justify the changes; and

2.

Any additional information deemed appropriate by the Director.

B.

Revisions to Tentative Parcel Maps. The Director shall act as the Review Authority and may approve the modification as part of the Final Map process for either a Minor or Major Revision.

C.

Revisions to Tentative Maps.

1.

Minor Revision. The Director may act as the Review Authority and may approve the modification as part of the Final Map process. Alternatively, the Director, at his/her discretion, may refer the matter to the

Commission for consideration. At the Director's discretion, they may or may not provide a Public Notice per Section 15-3308-B.4.

2.

Major Revision to a Tentative Map. The Director may act as the Review Authority, or the Director, at their discretion, may defer their decision to the Commission. The Director shall provide notice per the following:

a.

Commission Notification. If the Director elects to approve or disapprove the map, the Director shall notify the Commission at its next meeting that the Director is reviewing the map and whether the Director intends to approve or disapprove the map. The Director shall take action after notifying the Commission.

b.

No Director Action. Should the Director not take action, the Director shall refer the item to the Commission for consideration. If the matter is referred to the Commission for consideration, Public Notice shall be provided per Section 15-3308-B.4.

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

Sec. 15-4304. - FINDINGS FOR APPROVAL.

A.

The Review Authority shall not amend the approved Tentative Map or Tentative Parcel Map or conditions of approval unless it first finds that:

1.

There was a material mistake of fact in the deliberations leading to the original approval; or

2.

There has been a change of circumstances related to the original approval.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2024-008, § 1, eff. 5-2-24).

Sec. 15-4305. - EFFECT OF AMENDMENTS ON TIME LIMITS.

A.

Approved amendments to an approved Tentative Map or Tentative Parcel Map or conditions of approval shall not be considered as an approval of a new Tentative Map or Tentative Parcel Map, and shall not extend the time limits of the original approval as provided by Section 15-3316, Time Limits and Expiration of Approved Maps.

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

Sec. 15-4306. - TENTATIVE MAPS WITH MULTIPLE FINAL MAPS.

The following provision regarding automatic extensions of time, or later enacted State law provisions that supersede the following, shall apply.

A.

Where a developer has expended funds outside the boundaries of the approved Tentative Map in compliance with the Map Act (Section 66452.6), each filing of a Final Map shall extend the expiration of the Tentative Map per the Map Act.

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

Sec. 15-4307. - AMENDMENTS TO FINAL AND PARCEL MAPS AFTER RECORDATION.

A.

Amendments to Final and Parcel Maps. A Final Map or Parcel Map that has been filed with the County Recorder may be amended by a certificate of correction or an amending map pursuant to the Map Act (Sections 66469—66472).

B.

Amendments to Conditions of Approval. The conditions on a Final Map or Parcel Map may be modified by a certificate of correction or an amending map pursuant to the Map Act (Section 66472.1) and this subsection.

C.

Initiation. An amendment to a condition of a Final Map or Parcel Map may be initiated by the Director, the City Engineer, or any subdivider or owner of the real property subject to the Final Map.

1.

Parcel Maps. The Director, in consultation with the City Engineer, shall approve or deny amendments.

2.

Final Maps. The Commission shall consider amendments to a tentative map. The Commission hearing shall be noticed pursuant to the Public Noticing requirements per Subsection 15-3308-B.4.

D.

Findings. Amendments shall only be approved if all of the following are true:

1.

There are changes in circumstances which make such conditions no longer appropriate or necessary;

2.

The amendments do not impose any additional burden(s) on the present owner(s) of the property subject to the map;

3.

The map, as amended, is not subject to disapproval under the findings in the Map Act (Section 66474) and conforms to this Subdivision Ordinance;

4.

The amendment does not affect any previous findings made under Federal and/or State environmental review;

5.

The amendments do not alter any right, title, or interest in the real property reflected on the recorded map.

6.

If located within the review area of one of the airport specific plans, the amendment shall be subject to the provisions of said plan.

E.

Hearing. Any hearing on the amendment of conditions shall be limited in scope to consideration and action on the proposed amendment.

F.

Recordation. If the amendment of the condition is approved, an amending map or certificate of correction shall be recorded with the County Recorder in the manner specified in the Map Act (Section 66472). If the amendment to the map does not require an amending map or certificate of correction, the amendment shall be memorialized in a letter to the applicant and/or record owner(s). A copy of the letter and resolution shall be placed in the official file for the map.

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

Sec. 15-4308. - EXPANSION OF THE MAP OUTSIDE OF THE ORIGINAL BOUNDARIES.

A new map shall be filed for the area that is being added.

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

ARTICLE 44 - ENFORCEMENT AND JUDICIAL REVIEW

A.

Purpose. This article establishes procedures that the City will use to enforce the requirements of the Subdivision Ordinance, including compliance with any conditions of approval imposed to protect public health, safety, and welfare and promote development in accordance with the General Plan.

B.

Prohibitions. Pursuant to the Map Act (Section 66499.30):

1.

No Sale or Lease until Final or Parcel Map is in Full Compliance. No person shall sell, lease, or finance any parcel of real property or begin construction of any building for sale, lease, or financing, except for model homes, or allow occupancy of any parcel or parcels for which a Final or Parcel Map is required by the Map Act or this Ordinance, until a map that is in full compliance with the provisions of this Subdivision Ordinance and the Subdivision Map Act has been filed with the Fresno County Recorder.

2.

No Conveyance by Parcel Number until Final Map is Filed. The conveyance of any part of a division of real property for which a Final or Parcel Map is required shall not be made by parcel or block number, letter, or other designation until the map has been filed for record with the County Recorder.

3.

Exceptions.

a.

This section does not apply to a parcel of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law, including this article, regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

b.

This section does not prohibit an offer or contract to sell, lease, or finance real property or to construct improvements where the sale, lease, or financing or the beginning of construction, is expressly conditioned upon the approval and filing of a Final Map or Parcel Map.

c.

This section shall not, in any way, modify or affect the provisions of Section 11018.2 of the Business and Professions Code.

C.

Voidability of Illegal Conveyance. Any deed of conveyance, sale, or contract to sell made contrary to the provisions of this article is voidable at the sole option of the grantee, buyer, or person contracting to purchase, their heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of execution of the deed of conveyance, sale, or contract to sell, but the deed of conveyance, sale, or contract to sell is binding upon any assignee or transferee of the grantee, buyer, or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor, or person contracting to sell, or their assignee, heir, or advisee.

D.

Other Legal Action. Any grantee, or successor in interest, of real property which has been divided, or which has resulted from a division, in violation of the provisions of this Subdivision Ordinance or the Map Act may, within one year of the date of discovery of such violation, bring an action in the superior court to recover any damages suffered by reason of the division of property. The action may be brought against the person who divided the property in violation and against any successors in interest who have actual or constructive knowledge of such division of property.

E.

Effect on City Permits and Approvals. No commission, officer, or employee of the City shall issue any permit or certificate, or grant any approval necessary to develop any real property within the city, if it is known or suspected that the property was divided, or resulted from a division in violation of the Map Act (Section 66499.30).

F.

Certificate of Compliance.

1.

Any person owning real property or an authorized representative of such person who is under contract of sale may request, and the Director shall determine, whether such real property complies with the provisions of the Map Act and of this Subdivision Ordinance. Upon making such a determination the Director shall cause a certificate of compliance to be filed for record with the County Recorder. The Certificate of Compliance shall identify the real property and shall state that the division thereof complies with applicable provisions of the Map Act and of this Subdivision Ordinance. The Director may impose a reasonable fee to cover the cost of issuing and recording the certificate of compliance.

2.

If the Director determines that such real property does not comply with the provisions of the Map Act or of this Subdivision Ordinance, he or she may, as a condition to granting a certificate of compliance, impose such conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property, and which had been established at such time by the Map Act or this Subdivision Ordinance. Such conditions may include, but are not limited to, requiring approval of a parcel or tentative map prior to development of the property. Upon making such a determination and establishing such conditions the Director shall cause a Conditional Certificate of Compliance to be filed for record with the County Recorder.

a.

Such Certificate shall serve as notice to the property owner who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property.

b.

Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued by the City.

c.

Compliance with the requirements of a certificate of compliance shall not constitute a determination of compliance with all applicable approved plans or zoning requirements.

G.

Remedies. Any deed of conveyance, sale, or contract to sell real property which has been divided, or which has resulted from a division, in violation of the provisions of this Subdivision Ordinance or the Map Act shall be subject to the remedies provided in the Map Act (Sections 66499.32 through 66499.34).

H.

Notice of Violation. Whenever the Director and/or City Engineer has received information from any source that real property has been divided in violation of the Map Act or this Subdivision Ordinance, the City shall take the actions described in the Map Act (Section 66499.36).

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

ARTICLE 45 - SURVEYS AND MONUMENTS

The procedure and practice of all survey work done upon any subdivision shall conform to accepted standards of the engineering profession, the Map Act (Sections 66495, 66496, and 66497) and this Ordinance.

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

Monuments, including markings, material, length, durability, etc. shall be established by the City Engineer.

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

A.

Rectangular-shaped subdivisions shall have the four corners of the property marked with a durable monument. All irregular-shaped subdivisions shall have all angle and curve points in the exterior boundary of the subdivision marked with a durable monument. All boundary monuments which fall in streets shall be referred to a similar durable monument which may be set for an adjacent block or lot corner. Subdivisions having curved streets and no block corners shall have all control or angle points of the streets marked with a durable corner referenced out to an adjacent lot corner which is also marked with a durable monument;

B.

Block corners, unless otherwise marked with a durable monument, shall be marked with a semi-durable monument;

C.

All lot corners shall be marked with not less than a standard ¾ inch inside diameter steel pipe, 30 inches long solidly set in the ground six inches below the surface and may be referenced by a mark not to exceed two inches in any dimension visible in the edge of the concrete sidewalk. All monuments shall bear the engineer's or surveyor's number and exact survey point except as follows:

1.

In planned unit developments where lot corners are coincidental to building corners, an offset monument system may be used, provided that sufficient information is given on the map such that:

a.

Exact lot corner can be established;

b.

Lot surveys can be retraced; and

c.

Offset monument system is approved by the City Engineer.

2.

Any other monument that is approved in writing by the City Engineer may be used.

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

Sec. 15-4504. - MONUMENT ACCEPTANCE.

A.

Before any improvements are accepted, all monuments and stakes must be set, and any monuments or stakes disturbed by said improvements shall be reset. Where no streets are to be improved, the subdivider shall post a faithful performance bond to guarantee the setting of all the above stakes and monuments;

B.

The location of any boundary corner shall be proved by surveying and by showing on the Final Map the relationship of such boundary corners to section corners involved or one-fourth section corners or other well established corners;

C.

All bearings shall be with reference to the true meridian, or with reference to an assumed bearing of a section or fractional section line monumented with durable monuments for a distance of not less than one-

half mile, or a previously recorded subdivision, provided such subdivision tie is approved by the City Engineer; and

D.

All measurements and angles turned shall be made to a standard which will insure an accuracy of not less than one in 10,000.

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