Fresno Municipal Code Art. 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).

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;

3. 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).

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).

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).

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).

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).

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).

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

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