Chapter 23.44
CORRECTIONS AND AMENDMENTS TO FINAL MAPS
Sections:
23.44.020 Corrections of errors and omissions.
23.44.030 Preparation of amending documents.
23.44.040 Review by city engineer and city surveyor.
23.44.050 Recordation of amendments.
23.44.060 Required findings for additional amendments.
23.44.010 DEFINITIONS.
(a) “Certificate of corrections” means a document recorded with the county recorder’s office to correct errors or omissions to a final map.
(b) “Advisory body” means the entity (zoning administrator, planning commission, or city council) that approved the original tentative map or parcel map and is responsible for reviewing and approving, conditionally approving, or denying any subsequent amendments allowed under this chapter.
(Ord. 2015-04 § 3 (part), 2015).
23.44.020 CORRECTIONS OF ERRORS AND OMISSIONS.
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 an amending map for any of the following purposes:
(a) To correct an error in any course or distance shown thereon.
(b) To show any course or distance that was omitted therefrom.
(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 or character of any monument which has been changed in location or character originally was 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 state Government Code 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.
(g) To correct any other type of map error or omission as approved by the county surveyor, city surveyor, or city engineer 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 or parcel map.
(Ord. 2015-04 § 3 (part), 2015).
23.44.030 PREPARATION OF AMENDING DOCUMENTS.
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 66434 of the state Government Code, if a final map, or subdivisions (a) to (d), inclusive, and (f) to (i), inclusive, of Section 66445 of the state Government Code, if a parcel map. The amending map or certificate of correction shall set forth in detail the corrections made and show the names of the fee owners of the real property affected by the correction or omission on the date of the filing or recording of the original recorded map. 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.
If the property affected by a map is located within a city, the county recorder shall, upon request of the city engineer, provide copies of recorded certificates of correction to the city engineer.
(Ord. 2015-04 § 3 (part), 2015).
23.44.040 REVIEW BY CITY ENGINEER AND CITY SURVEYOR.
(a) The city surveyor or city engineer shall examine the amending map or certificate of correction and if the only changes made are those set forth in Section 23.44.020, he or she shall certify to this fact on the amending map or certificate of correction.
(b) As to a certificate of correction, the city surveyor or city engineer shall have twenty working days in which to examine the certificate of correction for compliance with Sections 23.44.020 and 23.44.030, endorse a statement on it of his or her examination and certification, and present it to the county recorder for recordation. In the event the submitted certificate of correction fails to comply with Sections 23.44.020 and 23.44.030, the city surveyor or city engineer shall return it within the same twenty 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 Sections 23.44.020 and 23.44.030. The licensed land surveyor or registered civil engineer submitting the certificate of correction may then make the changes in compliance with Sections 23.44.020 and 23.44.030 and resubmit the certificate of correction to the city surveyor or city engineer for approval. The city surveyor or city engineer shall have ten working days after resubmission and approval of the certificate of correction to present it to the county recorder for recordation.
(Ord. 2015-04 § 3 (part), 2015).
23.44.050 RECORDATION OF AMENDMENTS.
The amending map or certificate of correction certified by the city surveyor or city engineer shall be filed or recorded in the office of the county recorder in which the original map was filed. Upon that filing or recordation, the county recorder shall index the names of the fee owners of the real property reflected on the original recorded map, 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 so corrected, and thereafter shall impart constructive notice of all those corrections in the same manner as though set forth upon the original map.
(Ord. 2015-04 § 3 (part), 2015).
23.44.060 REQUIRED FINDINGS FOR ADDITIONAL AMENDMENTS.
In addition to the amendments authorized by Section 23.44.020, after a final map or parcel map is filed in the office of the county recorder, the recorded final map may be modified by a certificate of correction or an amending map if the advisory body finds that:
(a) There are changes in circumstances that make any or all of the conditions of the map no longer appropriate or necessary;
(b) The modifications do not impose any additional burden on the fee owners of the real property;
(c) The modifications do not alter any right, title, or interest in the real property reflected on the recorded map; and
(d) The advisory body finds that the map as modified conforms to Section 23.16.050.4. Any modification shall be set for public hearing before the appropriate advisory body. The advisory body shall confine the hearing to consideration of, and action on, the proposed modification.
(Ord. 2015-04 § 3 (part), 2015).