Yuba County Municipal Code Ch. 11.47 Amendments and Enforcement

(a) Purpose. The purpose of this Section is to establish procedures for the correction and amendment of required maps, consistent with the regulations of the Subdivision Map Act.

(b) Tentative maps. Tentative maps may be corrected and amended as follows:

(1) Minor changes. Minor changes in an approved tentative map may be approved by the County Surveyor upon application by the subdivider or on the County's initiative, provided that:

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

b. Changes are consistent with the intent of the original tentative map approval; and

c. There are no resulting violations of the County Code.

(2) Substantive changes. Amendments of the tentative map that in the opinion of the CDSA Director are not minor shall be referred to the Development Review Committee for a decision, subject to the procedures for processing a tentative map set forth in Chapter 11.40, Tentative Maps.

(3) Effect of amendments. Any approved amendment shall not alter the expiration date of the tentative map.

(c) Final maps and parcel maps—Allowed corrections and amendments.

(1) Corrections. After a final map or parcel map is filed in the office of the County Recorder, it may be amended by a certificate of correction or amending map for any of the following purposes, consistent with Section 66469 of the Subdivision Map Act:

a. To correct an error in any course or distance shown on the map.

b. To show any course or distance that was omitted from the map.

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

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

e. To show the proper location of any monument that has been changed in location or character, or that was originally shown at the wrong location or incorrectly as to its character.

f. To correct any additional information filed or recorded pursuant to Section 66434.2 of the Subdivision Map Act if the correction does not impose any additional burden on the present owners of the property and does not alter any right, title, or interest in the real property reflected on the recorded map.

g. To correct any other type of map error or omission as approved by the County Surveyor that does not affect any property right, including, but not limited to, lot numbers, acreage, street names, and identification of adjacent record maps.

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 map or parcel map.

(2) Amendments. After a final map or parcel map is filed in the office of the County Recorder, such a recorded final map may be modified by a certificate of correction or an amending map if the Development Review Committee finds that there are changes in circumstances that make any or all of the conditions of such final map or parcel map no longer appropriate or necessary. Any such modification shall be set for public hearing as provided for in Section 66451 of the Subdivision Map Act. The hearing shall be confined to consideration of any action on the proposed modification. The Development Review Committee shall only approve the amendment if it finds that all of the following are true:

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

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

c. The map as modified conforms to the provisions of the Subdivision Map Act and this division.

(d) Final maps and parcel maps—Form and contents. Amendments to either a final map or a parcel map may be made with a certificate of correction or an amending map. The amending map or certificate of correction shall be prepared by a person registered as a civil engineer prior to January 1, 1982 or a licensed land surveyor. The County Surveyor shall determine when an amending map is required and when a certificate of correction will suffice. The amending map shall set forth in detail the corrections made and show the names of the owners of the property affected by the correction or omission as of the date of the filing or recording of the original recorded map.

(1) In the case of an amending map to amend a parcel map, no signature of a trustee or beneficiary of a deed of trust regarding the property shall be required nor shall the signature of any lot owner whose lot is not affected by the change be required. No signatures of owners shall be required unless, in the judgment of the County Surveyor, signatures of owners should be required. In all cases, however, the names of all owners of record holding any record title interest in the lots covered by the map shall be shown on the amending map or certificate of correction, together with the nature of their interest.

(e) Final maps and parcel maps—Examination of amending map or certificate of correction by County Engineer.

(1) General review. The amending map or certificate of correction shall be submitted to the County Surveyor for review and approval, accompanied by the required fee established in Title 13, Fees. The County Surveyor shall examine the amending map or certificate of correction for compliance with the Subdivision Map Act and for accuracy.

(2) Certificate of correction. The County Surveyor shall have 20 working days to examine the certificate of correction for compliance with this division, endorse a statement on it of his or her examination and certification, and present it to the County Recorder for recordation. If the County Surveyor determines that the certificate of correction fails to comply with this division or Sections 66469 and 66470 of the Subdivision Map Act, the County Surveyor shall return the certificate to the applicant with a written statement of the changes necessary. The County Surveyor shall have ten working days after resubmission and approval of the amended certificate of correction to present it to the County Recorder for recordation.

(f) Final maps and parcel maps—Filing with the County Recorder. The amending map or certificate of correction certified by the County Surveyor shall be filed in the office of the County Recorder. Upon such filing, the original map shall be deemed to have been conclusively so corrected and shall impart constructive notice of all the corrections in the same manner as though set forth upon the original map.

(Ord. No. 1624)

(a) Purpose. This article establishes procedures that the County will use to enforce the requirements of this division, 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.

(1) No Sale or lease until final map 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 map or parcel map is required by the Subdivision Map Act or this division, until a map that is in full compliance with the provisions of this title and the Subdivision Map Act, has been filed with the 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 map 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 division, 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) Remedies.

(1) Conveyance voidable. Any deed of conveyance, sale, or contract to sell real property that has been divided or that results from a division in violation of the Subdivision Map Act or this division is voidable at the sole option of the grantee, buyer or person contracting to purchase, or the heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation. The deed of conveyance, sale or contract to sell is, however, binding upon a successor in interest 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 devisee.

(2) Other legal action. Any grantee, or successor in interest, of real property that has been divided, or which has resulted from a division, in violation of the provisions of this division or the Subdivision 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.

(d) Effect on County permits and approvals.

(1) No issue of permits or approvals. The County shall not issue a permit or grant any approval necessary to develop any real property that has been divided or which has resulted from a division in violation of the Subdivision Map Act or this division if it finds that development of the property is contrary to the public health or safety. The authority to deny or approve such a permit applies whether the applicant was the owner of record at the time of the violation or whether the applicant is either the current owner of record or a vendee of the current owner with, or without, actual or constructive knowledge of the violation at the time of the acquisition of an interest in the property. The County shall not issue a permit or grant any approval necessary to develop a remainder parcel without said remainder parcel having first been issued a Conditional Certificate of Compliance.

(2) Permit or approval subject to conditions. If the County issues a permit or grants approval for the development of any real property illegally subdivided, it may only impose those additional conditions that would have been applicable to the division of the property at the time the current owner of record acquired the property. If the applicant was the owner of record at the time of the initial violation, the County may impose conditions applicable to a current division of the property. If a conditional certificate of compliance has been filed for record in accordance with the provisions of Subsection 11.47.020(e), Certificate of Compliance, below, only the conditions stipulated in that certificate are applicable.

(e) Certificates of compliance. Certificates of compliance shall be sought and issued as provided in Section 66499.35 of the Subdivision Map Act and the following:

(1) Request. A person owning real property or a vendee of such person under a contract of sale may request the County Surveyor to determine whether the real property complies with the provisions of the Subdivision Map Act and this division. A written application for a certificate of compliance shall be accompanied by a current preliminary title report showing the legal owner of the property, as well as the necessary deed research and Chain of Title information to determine the legality of the parcel. The applicant for a certificate of compliance shall pay the County a fee to cover the reasonable cost of processing the application.

(2) Determination and certificate of compliance. If the County Surveyor, in consultation with County Counsel as needed, determines that the real property complies with the provisions of the Subdivision Map Act and this division, it shall issue 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 the provisions of the Subdivision Map Act and this division.

(3) Conditions. If the County Surveyor, in consultation with County Counsel as needed, determines that the real property does not comply with the provisions of the Subdivision Map Act or this division, the County Surveyor may, as a condition to granting a certificate of compliance, impose conditions. This shall be known as a Conditional Certificate of Compliance. Upon the County Surveyor making such a determination, establishing such conditions, and upon Development Review Committee approval, the County Surveyor shall file a conditional certificate of compliance for record with the County Recorder. The certificate shall serve as notice to the property owner and any successor that the fulfillment and implementation of such conditions shall be required before subsequent issuance of a permit or other grant of approval for development of the property. Compliance with such conditions is not required until the County issues a permit or other grant of approval for development of the property.

(4) Recorded maps serve as certificates of compliance. A recorded final map, parcel map or official map constitutes a certificate of compliance with respect to the parcels of real property described on the map.

(f) Notice of violation.

(1) Notice of intention to record notice of violation. If it is determined that real property has been divided in violation of the Subdivision Map Act or this division, the County Surveyor shall mail by certified mail to the current owner a notice of intention to record a notice of violation. The notice shall describe the property in detail, name the owners, describe the violation, why the subject parcel is not lawful under the Subdivision Map Act or County Ordinance, and state that the owner will be given the opportunity to present evidence. The notice shall specify the date, time and place for a Development Review Committee hearing at which the owner may present evidence why a notice of violation should not be recorded.

(2) Hearing. The hearing shall be held no sooner than 30 days and no later than 60 days from that date of mailing of the notice of intention to record a notice of violation.

(3) Clearance if no violation. If, after the owner has presented evidence, the County determines that there has been no violation, the County Surveyor shall mail a clearance letter to the then current owner of record.

(4) Recording a notice of violation. The County shall record the notice of violation with the County Recorder's office.

a. Within 15 days of receipt of the notice, if the owner fails to file with the County Surveyor a written objection to recording the notice of violation; or

b. After the owner has presented evidence, the County determines that the property has in fact been illegally divided.

(5) Effect of recording. The notice of violation, when recorded, is constructive notice of the violation to all successors in interest in the property.

(g) Penalty for violation. Pursuant to Section 66499.31 of the Subdivision Map Act, a violation of the Subdivision Map Act by a person who is the subdivider or an owner of record, at the time of the violation, of property involved in the violation is punishable by imprisonment in the County jail not exceeding one year or in the state prison, by a fine not exceeding $10,000.00, or by both fine and imprisonment. Every other violation of the Subdivision Map Act is a misdemeanor.

(h) Judicial review. An action or proceeding to attack, review, set aside, void or annul a decision of the County under this division must be commenced and served on the County within 90 days after the date of the decision. After 90 days, all persons are barred from any such action.

(Ord. No. 1624)