Irvine Municipal Code Ch. 9 Correction and Amendment of Subdivision Maps

After a tentative map has been filed in accordance with the provisions of this division, no significant revisions thereto initiated by the subdivider shall be permitted prior to approval of the final map, except upon the filing of a new tentative map and the withdrawal of the previously filed map, unless the subdivider agrees that the time for action on the tentative map, as specified in the Subdivision Map Act (Government Code § 66410 et seq.), recommences upon acceptance by the Director of Community Development of the revised map. Nothing in this Section 5-5-901 shall be interpreted to apply to revisions to a tentative map required by City staff or the advisory agency as part of the review process for the tentative map in question.

(Ord. No. 09-03, § 5, 4-28-09)

A. After approval or conditional approval of a tentative map, any revised map shall comply with all applicable zoning, subdivision and other City regulations in effect at the time such revised map is filed, except as set forth in Section 5-5-403C of this division. Any revisions to the approved tentative map will require a public hearing in accordance with the provisions of Section 5-5-109 of this division.

B. Except as provided in Section 5-5-406 of this division, the approval or conditional approval of any revised tentative map shall supersede and nullify all currently active approved tentative maps that are applicable to the same parcel of land.

(Ord. No. 09-03, § 5, 4-28-09)

After approval or conditional approval of a tentative map, if any change is made by the subdivider in the information shown on, or supplied with, the tentative map, such change shall be submitted to the advisory agency in writing and approved by it prior to the filing of the final tract or parcel map. Such changes do not require a public hearing, and shall be reviewed by the advisory agency as part of a public meeting.

(Ord. No. 09-03, § 5, 4-28-09)

After the conditional approval of a tentative map and prior to recordation of the final tract or parcel map, the subdivider may request, and the advisory agency may approve, revisions in the conditions of approval. In reviewing such changes, the advisory agency shall conduct a public hearing subject to the requirements of Section 5-5-109. Any such revisions shall not affect the time limit for recording a final tract or parcel map unless an application for extension is concurrently requested, as provided in Section 5-5-405.

(Ord. No. 09-03, § 5, 4-28-09)

A. After a final tract or parcel map is recorded in the office of the county recorder, it may be amended by a certificate of correction or an amending map for any of the following purposes:

(1) To correct an error in any course or distance shown thereon; or

(2) To show any course or distance that was omitted therefrom; or

(3) To correct an error in the description of the real property shown on the map; or

(4) To indicate monuments set after the death, disability, retirement from practice or replacement of the engineer or surveyor charged with responsibilities for setting monuments; or

(5) To show the proper location of any monument which has been changed in location or character, or originally was shown at the wrong location or incorrectly as to its character; or

(6) To correct any additional information filed or recorded pursuant to Government Code § 66434.2 or any successor statute, if the correction does not impose any additional burden on the present fee owners of the real property and does not alter any right, title, or interest in the real property reflected on the recorded map; or

(7) To correct any other type of map error or omission as approved by the City Engineer which does not affect any property right. As used in this section, the term "error" does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final tract or parcel map; or

(8) (a)

To modify conditions if the approval body of the final tract or parcel map, upon considering the recommendations of the advisory agency which approved the underlying tentative map, finds that:

i. There are changes in circumstances which make any or all of the conditions of such map no longer appropriate or necessary;

ii. The modifications do not impose any additional burden on the present fee owner of the property;

iii. The modifications do not alter any right, title or interest in the real property reflected on the recorded map; and

iv. The map as modified conforms to the required findings of approval specified in Section 5-5-109.1 of this division.

(b) Any modification to conditions on the final map pursuant to Paragraph (a) of this Clause (8) shall require a public hearing in accordance with the provisions of Section 5-5-109 of this division, and the hearing shall be confined to consideration of and action on the proposed modification.

B. Form and contents. The amending map or certificate of correction shall be prepared and signed by a registered civil engineer authorized to prepare surveying documents or licensed land surveyor. The form and content of the amending map shall conform to the requirements of Section 5-5-701 of this division for a final parcel or tract map. The amending map or certificate of correction shall set forth in detail the corrections made and the names of the present fee owners of the property affected by the correction.

C. Submittal and approval by City Engineer. The amending map or certificate of correction, complete as to final form, shall be submitted to the City Engineer for review and approval. The City Engineer shall examine the amending map or certificate of correction and if the only changes made are those permitted in this chapter, the City Engineer shall certify that fact on the amending map or certificate of correction. The City Engineer shall examine each certificate of correction for compliance with the provisions of this division, the Subdivision Map Act (Government Code § 66410 et seq.), and the Subdivision Manual, endorse a statement on it of his or her examination and certification, and return it to the applicant for recordation within 20 working days after its submittal. If the submitted certificate fails to comply with the provisions of this division, the Subdivision Manual, or the Subdivision Map Act (Government Code § 66410 et seq.), the City Engineer shall return it within the same 20 working days to the person who presented it, together with a written statement of the changes necessary to make it conform to the requirements of this division, the Subdivision Manual or the Subdivision Map Act (Government Code § 66410 et seq.). The licensed land surveyor or registered civil engineer submitting the certificate of correction may then make the necessary changes and resubmit the certificate of correction to the City Engineer for approval. If the resubmitted certificate is approved, the City Engineer shall return it to the applicant for recordation within 10 working days.

D. Filing with County Recorder. The amending map or certificate of correction certified by the City Engineer shall be filed in the Office of the County Recorder as provided in Section 5-5-703 of this division. Upon such filing, the County Recorder shall index the names of the fee owners and the appropriate subdivision designation shown on the amending map or certificate of correction in the general index and map index, respectively. Thereupon, the original map shall be deemed to have been conclusively so corrected, and thereafter shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map.

(Ord. No. 09-03, § 5, 4-28-09)