The final or parcel map and any accompanying data or additional
information required by the City shall be prepared by or under the
direction of a registered civil engineer and licensed land surveyor
authorized to practice in the State of California.
(§ 2 Exh. B, Ord. 938,
eff. July 3, 2008)
The form and content of the final or parcel map shall conform
to the Subdivision Map Act, City standards, this chapter, and applicable
standards imposed by the County of Orange for maps as established
by the County Surveyor and Office of the Recorder. The final form
and content of the final or parcel map shall be to the satisfaction
of the City Engineer.
(§ 2 Exh. B, Ord. 938,
eff. July 3, 2008)
The City Engineer shall review all final and parcel map submittals
for conformance with this chapter, and may deem them incomplete and
return all or portions of a submittal for reasons which include, but
are not limited to the following: incomplete submittal or filing;
untimely submittal or filing; nonconformance with the tentative map;
nonconformance with this chapter; nonconformance with City standards;
errors or omissions on the final or parcel map, accompanying data;
or other additional information required by the City.
(§ 2 Exh. B, Ord. 938,
eff. July 3, 2008)
(a) The
City Engineer shall determine that a complete and timely final map
filing has been made if he or she determines that, at a minimum, the
following items have been received, prior to expiration of the tentative
map:
(1) Improvement plans approved by the City Engineer;
(2) Complete and accepted public improvements or acceptable subdivision
improvement agreement(s) and securities;
(3) Proof of payment of all applicable fees;
(4) Will serve letters from all applicable utilities and agencies;
(5) Noninterference letters from all applicable easement or title interest
holders;
(6) Original and copies of all sheets of the final map in their required
form and content;
(7) Proof of ownership of all affected properties;
(8) Subdivision guarantee from a title company, less than 60 days old;
(9) Letter from all affected property owners requesting approval of the
final map;
(10) Small scale map of the proposed subdivision;
(11) Written clearance from all affected City departments;
(12) Written clearance from all affected public agencies;
(13) Proof of payment of all delinquent assessments;
(14) All applicable agreements or documents to be approved by the City
Council or filed or recorded concurrently with the map; and
(15) Any other applicable requirement of this chapter.
(b) Upon
finding all statements and submittals complete and satisfactory in
accordance with this chapter, and after the map has been reviewed
and recommended for approval, the City Engineer shall sign the appropriate
statements and transmit the original map and any other items requiring
City Council approval to the City Clerk within 30 days of receipt
of a complete filing, with a recommendation of map approval.
(§ 2 Exh. B, Ord. 938,
eff. July 3, 2008)
(a) The
date the final or parcel map shall be deemed filed with the City Council
shall be the date of the next regularly scheduled meeting of the City
Council following the date on which the City Clerk receives the recommendation
for map approval from the City Engineer. The City Council shall consider
approval of the subdivision improvement agreement and improvement
security, and any other required agreements, in conjunction with the
approval of the final or parcel map. If any of the items requiring
City Council approval are deemed unacceptable by the City Council
the City Council shall instruct the City Engineer to secure corrections,
according to their direction.
(b) The
City Council shall approve or disapprove the subdivision improvement
agreement, improvement security and final or parcel map at the meeting
at which it receives the map, or at the next regular meeting following
the meeting at which it received the map. If the City Council does
not approve or disapprove the map within this time period, or any
authorized extension thereof, and the map conforms to all requirements
and rulings, it shall be deemed approved. The City Clerk shall certify
or state its approval thereon.
(c) The
City Council shall not postpone or refuse approval of a final or parcel
map because the subdivider has failed to meet a tentative map condition
requiring construction or installation of off-site improvements on
land which neither the subdivider nor the City has sufficient title
or interest to permit the improvements to be made. However, in such
case, prior to final map approval, the subdivider shall be required
to enter into an agreement with the City to complete such improvements,
pursuant to
Government Code Section 66462, upon acquisition of said
title and interest by the City. Upon entering into such agreement,
the City shall acquire the subject property interests in accordance
with the provisions of
Government Code Section 66462.5. Failure of
the subdivider to execute such an agreement shall be cause for the
City Council to postpone or refuse approval of the final or parcel
map.
(d) The
City Council shall not deny approval of a final or parcel map if the
City has previously approved a tentative map for the proposed subdivision
and if the City Council finds that the final or parcel map is in compliance
with the requirements of the Subdivision Map Act, this chapter, and
the approved tentative map.
(§ 2 Exh. B, Ord. 938,
eff. July 3, 2008)
(a) Upon
approval of the final or parcel map and subdivision improvement agreement
by the City Council, the City Clerk shall execute the appropriate
statement on the statement sheet and shall, subject to the provisions
of
Government Code Section 66464, cause the map to be transmitted
to the Office of the Orange County Surveyor for final review, and
then to the Orange County Office of the Recorder for filing. The final
or parcel map and any separate documents, if required, shall be filed
concurrently.
(b) If,
for any cause of the subdivider, the final or parcel map is not recorded
by the County Recorder within 180 days from the date the City Council
approved the final or parcel map, then the City Council’s approval
of the final map shall be automatically rescinded, and appropriate
bonds or sureties will be returned to the subdivider, as determined
by the City Engineer. If the tentative map has expired, the unit of
land previously affected by the final or parcel map will automatically
revert to its pre-map configuration. If the tentative map has not
yet expired, then the tentative map will be considered in effect,
except that such action shall not alter the expiration date of the
tentative map.
(§ 2 Exh. B, Ord. 938,
eff. July 3, 2008)
(a) General
requirements. After a final or parcel map is filed for record 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;
(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, retirement
from practice, or replacement of the engineer or surveyor charged
with the responsibilities for setting monuments;
(5) To show the proper location or character of any monument that 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 other type of map error or omission as approved by
the City Engineer, 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.
For purposes of this section, an “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.
(b) Form
and content of amendments. The amending map or certificate of correction
shall be prepared in a manner approved by the City Engineer, and the
form and content shall conform to the applicable requirements of Government
Code Section 66470.
(c) Submittal
and approval by City Engineer. The amending map or certificate of
correction, completed as to final form, shall be submitted to the
City Engineer for examination. The City Engineer shall make the following
determination:
(1) If the only changes made are those set forth in subsection (a) of
this section, then the City Engineer shall certify to this fact on
the amending map or certificate of correction, within the time period
specified in
Government Code Section 66471.
(2) If the City Engineer determines that proposed changes are beyond
the scope of the changes listed in subsection (a) of this section,
the amending map or certificate of correction must be submitted to
the City Council for review and approval, pursuant to
Government Code
Section 66472.1 and subsection (d) of this section.
(d) City Council approval required. A certificate of correction or an amending map may be used to make modifications to a final or parcel map filed with the Office of the County Recorder when there are changes that are beyond the scope of the changes listed in subsection
(a) of this section, that make any or all of the conditions of the map no longer appropriate or necessary, when the modifications do not impose any additional burden on the present fee owner of the property, and when the modifications do not alter any right, title or interest in the real property reflected on the recorded map. The modifications shall be set for public hearing by the City Council, who shall confine the hearing to consideration of, and action on, the proposed modification and issues related thereto.
(e) Filing
with the Office of the County Recorder. After approval of the certificate
of correction by the City Engineer, or the amending map by the City
Council, the City Engineer or City Clerk shall cause the document
to be transmitted to the Office of the Orange County Surveyor for
final review, and then to the Orange County Office of the Recorder
for filing. Thereupon, the original map shall be deemed to have been
corrected, and thereafter shall impart all corrections in the same
manner as though set forth on the original map.
(§ 2 Exh. B, Ord. 938,
eff. July 3, 2008)