Napa County Municipal Code Ch. 17.26 Map Corrections and Amendments

This chapter is intended to establish procedures for the correction and amendment of tentative, parcel and final maps at all stages of the subdivision process.

(Ord. 854 § 2 (part), 1987: prior code § 11642)

The approval or conditional approval of a revised tentative map shall annul the approval of any previous tentative map.

(Ord. 854 § 2 (part), 1987: prior code § 11642.1)

A. A subdivider may file a request to amend its application requesting approval of a tentative map at any time prior to approval of the tentative map.

B. If the proposed amendment constitutes a minor change, the request will be granted providing the application is in writing, filed with the director of planning, and a waiver which grants the advisory agency an additional period of time within which to take action on the tentative map is filed with the application. The additional time to be included in the waiver must equal the number of days that have elapsed between the date the application was deemed complete, or was last revised if a previous revision was approved which constituted a minor change, and the date the proposed revision to the tentative map was filed with the director of planning.

C. If the amendment is not a minor change, the revised tentative map will be treated as and processed in the same manner as a new tentative map.

D. The request to amend an application shall be acted upon within ten days, and the subdivider shall be notified in writing of the action taken.

E. The determination of the director of planning as to whether a proposed amendment is minor in nature is conclusive in this regard and no appeal will be permitted.

(Ord. 854 § 2 (part), 1987: prior code § 11643)

A. Except as otherwise provided in subsection (B) of this section, an approved tentative map which has not been recorded may be amended in whole or in part only by filing a new tentative map application.

B. A request for approval of a minor change to an approved tentative map is permitted and shall be filed with the director of planning. The advisory agency shall consider the matter within twenty days of filing, and render its decision within thirty days after hearing the matter. The decision of the advisory agency shall be final. A minor change shall not require a noticed public hearing; however, the advisory agency may, in its sole discretion, allow testimony to be given on the proposed change. The approval of the advisory agency of a minor change shall not affect or result in any extension of the time period within which the land divider must secure approval of the final or parcel map.

C. The minor change process cannot be utilized for the purpose of securing a vested right, pursuant to Section 66498.2 of the Government Code, to proceed with development in accordance with changed ordinances, policies or standards.

(Ord. 854 § 2 (part), 1987: prior code § 11644)

A. After a final map or parcel map is filed in the office of the county recorder, it may be amended by an amending map in order:

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

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

3. To correct an error in the description of the real property shown on the map;

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

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

6. To correct any other type of map error or omission, as approved by the county surveyor, which does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names and identification of adjacent record maps.

B. As used in this section, "error" does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map.

(Ord. 1101 § 2, 1996: Ord. 981 § 29, 1991; Ord. 854 § 2 (part), 1987: prior code § 11645)

A. In addition to the amendments authorized by Section 17.26.050 of this chapter, after a final map or parcel map is filed in the office of the county recorder, such recorded parcel or final map may be modified by a certificate of correction or an amending map if the advisory agency that approved the tentative map, or in the case of modifications to or elimination of slope easements the zoning administrator, or on appeal the board, finds all of the following:

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

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

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

4. If the map was originally submitted as a tentative map as modified it would not have been denied for any of the reasons set forth in Sections 17.14.060 through 17.14.110 of this title.

B. Any such modification shall be set for public hearing as provided for in Section 17.12.020 of this title; provided, however, that the advisory agency that approved the tentative map, or in the case of modifications to or elimination of slope easements the zoning administrator, or on appeal the board, shall confine the hearing to consideration of and action on the proposed modification.

(Ord. 1268 § 2, 2005: Ord. 1083 § 6, 1995: Ord. 981 § 30, 1991: Ord. 854 § 2 (part), 1987: prior code § 11645.1)

Modification of a tentative subdivision map or tentative parcel map after approval or conditional approval shall not extend the time limits imposed by this section within which a final or parcel map must be filed.

(Ord. 854 § 2 (part), 1987: prior code § 11645.2)

The amending map or certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. An amending map shall conform to the requirements of Section 17.08.090 (final maps) or Section 17.08.120 (parcel maps) of this title. The amending map or certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction or omission. Upon recordation of a certificate of correction, the county recorder shall, within sixty days of recording, transmit a certified copy to the county surveyor or county engineer, who shall maintain an index of recorded certificates of correction.

(Ord. 1104 § 7, 1996: Ord. 854 § 2 (part), 1987: prior code § 11646)

The county surveyor shall examine the amending map or certificate of correction and, if the only changes made are those set forth in Section 17.26.080 above, he shall certify to this fact on the amending map or certificate of correction.

(Ord. 1009 § 5, 1992: Ord. 854 § 2 (part), 1987: prior code § 11646.1)

The amending map or certificate of correction certified by the county surveyor shall, after payment of the required fees, be filed with the recorder. Upon such filing, the recorder shall index the names of the fee owners and the appropriate tract 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 corrected, and thereafter shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map.

(Ord. 854 § 2 (part), 1987: prior code § 11646.2)

The denial of a request for a modification may be appealed in the manner set forth in Chapter 17.54 by the subdivider or any interested person.

(Ord. 854 § 2 (part), 1987: prior code § 11647)