30-82 - MAP CORRECTIONS AND AMENDMENTS.

After a final map or parcel map is recorded, it may be amended by a certificate of correction or by an amending map. Corrections of errors and omissions may be approved by the City Engineer pursuant to subsection 30-82.3. Modifications to a map due to changes that make any or all of the conditions of the map no longer appropriate or necessary shall require a map amendment pursuant to subsection 30-82.4.

(Ord. No. 3369 N.S., 5-7-2024)

The certificate of correction or amending map shall be prepared by or under the direction of a land surveyor registered in the State of California or by a civil engineer registered in the State of California who is authorized to perform land surveying. The form and contents of an amending map shall conform to the requirements for the form and contents of a final map as set forth in Section 30-78.2. An 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.

(Ord. No. 3369 N.S., 5-7-2024)

a.

Purposes. The City Engineer may approve a certificate of correction for any of the following purposes:

1.

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

2.

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

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 responsibilities for setting monuments.

5.

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.

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.

7.

To correct any other type of map error or omission as approved by the 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.

b.

Procedure. The certificate of correction shall be submitted to the City Engineer for review and approval, accompanied by the required fee as set forth in the Master Fee Schedule. The City Engineer shall examine the certificate of correction and, if the only changes are those set forth in subsection a. of this section, the City Engineer shall certify to this fact on the certificate of correction. The City Engineer shall have twenty (20) working days to examine the certificate of correction for compliance with this Article, endorse a statement on it of their examination and certification, and present it to the County Recorder for recordation. If the City Engineer determines that the certificate of correction fails to comply with this Article, the City

Engineer shall return the certificate to the applicant with a written statement of the changes necessary. The City Engineer shall have ten (10) working days after resubmission and approval of the amended certificate of correction to present it to the County Recorder for recordation.

(Ord. No. 3369 N.S., 5-7-2024)

a.

The City Council shall consider amendment to a final map and the Planning Director shall consider amendments to a parcel map. The City Council or Planning Director shall consider the amendments at a public hearing with notice given pursuant to section 66451.3 of the Subdivision Map Act and shall deny the request unless it makes all of the following findings, in which case it shall approve the request:

1.

There are changes in circumstances that make any or all of the conditions of the map no longer appropriate or necessary.

2.

The amendments do not impose any additional burden on the fee owners of the real property.

3.

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

4.

The final map as amended conforms to the findings of Section 30-76.6(c), or the parcel map as amended conforms to the findings of Section 30-79.5(c).

b.

A decision of the Planning Director to approve a parcel map amendment may be appealed to or called for review by the Planning Board pursuant to Section 30-25.

c.

The City Engineer shall certify the amending map as approved by the City Council or Planning Director.

d.

The amending map certified by the City Engineer shall be filed in the office of the Alameda County Recorder. After the County Recorder takes the actions required by Section 66472 of the Subdivision Map Act, 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 on the original map.

(Ord. No. 3369 N.S., 5-7-2024)