CHAPTER 1
SUBDIVISIONS
ARTICLE 22. MODIFICATIONS TO FINAL OR PARCEL MAP
SECTION:
§8461: Application For Modification
§8462: Determination On Application
§8463: Appeal Of Decision Regarding Modification Of Map Conditions
§8464: Filing With The County Recorder
§8460 REQUIREMENTS
After a final 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 to make modifications when there are changes which make any or all of the conditions of the map no longer appropriate or necessary and the modifications do not impose any additional burden on the present fee owner of the property, and if the modifications do not alter any right, title or interest in the real property reflected on the recorded map. (Ord. 1177, §1, adopted 2017)
§8461 APPLICATION FOR MODIFICATION
Whenever a person or party desires to make a modification on a filed map that is allowed by Government Code section 66472.1 and by section 8460 of this code, he shall submit an application to the City Engineer, which includes the reasons for the modification(s) and copies of a proposed amending map or a certificate of correction (prepared and signed by a civil engineer or land surveyor) as required. A filing fee and the public hearing fee as established by resolution of the City Council shall be paid at the time said application is filed. (Ord. 1177, §1, adopted 2017)
§8462 DETERMINATION ON APPLICATION
The modification shall be set for public hearing by the City Engineer, in the case of a parcel map, or by the Planning Commission, in the case of a final map, in accordance with California Government Code sections 65090, 65091, 66451.3, and 66472.1, as they currently read or as they may be amended in the future. The City Engineer or Planning Commission shall confine the hearing to consideration of, and action on, the proposed modification. (Ord. 1177, §1, adopted 2017)
§8463 APPEAL OF DECISION REGARDING MODIFICATION OF MAP CONDITIONS
An interested party has the right to appeal a decision regarding modifications of conditions on a filed map. Such appeal will be heard by the Planning Commission, in the case of a parcel map, or by the City Council, in the case of a final map. Within ten (10) days of the date the decision on the modification was made, the interested party must file with the City Engineer a written appeal, stating the reasons for the appeal, and the appeal fee, if any, as established by resolution of the City Council from time to time. No appeal shall be considered, if the written appeal is not filed within the required ten (10) days or does not state the reasons for the appeal. The Planning Commission or the City Council shall affirm, reverse or modify any determination of the City Engineer or the Planning Commission with respect to the decision on the modification to the conditions on a filed subdivision map within thirty (30) days. (Ord. 1177, §1, adopted 2017)
§8464 FILING WITH THE COUNTY RECORDER
The amending map or certificate of correction, certified by the City Engineer, shall be filed in the office of the County Recorder. Upon such filing, the County 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 so corrected, modified, or amended and thereafter shall impart constructive notice of all such corrections, modifications, or amendments in the same manner as though set forth in the original map. (Ord. 1177, §1, adopted 2017)