Chapter 16.48 — CORRECTION AND AMENDMENT OF RECORDED MAP

A.

General. A lot line adjustment is a shift or rotation of an existing lot line between two or more parcels, where land taken from one parcel is added to an adjacent parcel and where a greater number of parcels than originally existed is not created.

B.

Eligibility. The director may approve the lot line adjustment where it is determined that the proposed adjustment:

1.

Does not create additional lots;

Does not impair any existing access, easement, lot configuration or orientation or utilities to lot lines proposed; and

3.

The parcels affected by the lot line adjustment conform to this title and Title 17.

C.

Procedures.

1.

The subdivider may submit the completed application for lot line adjustment to the department. The applicant shall submit the following information to the director:

a.

Provide a copy of the assessor's map for all properties involved;

b.

Provide a copy of current grant deeds for all properties involved;

c.

Provide a preliminary title report for the notification of lenders;

d.

Provide copies of the site plan showing the original lot lines, the proposed lot lines, and any existing improvements;

e.

Exhibits of legal descriptions for the original configuration and the proposed configuration are to be submitted to the city engineer for processing after the director's approval. The legal descriptions shall be in a form acceptable to the city engineer;

f.

If the city engineer determines that a declaration of subordination is needed, the applicant or engineer will be notified. This declaration would be needed in order to properly notify the lender of the lot line adjustment and the applicant will be charged an additional fee;

g.

If the lot line involves two separate property owners and/or a transfer of easements, the applicant shall be required to open escrow with an escrow company.

2.

The director shall consider the request and determine if the created lots conform to Title 17 of this code. The director shall approve or deny the application for the lot line adjustment within thirty (30) days. If the application is denied, the director shall state the reasons for denial in the notification to the applicant.

3.

The director shall forward the lot line adjustment to the city engineer for recordation of a certificate of compliance or a conditional certificate of compliance.

4.

The city engineer shall file a certificate of compliance for the lot line adjustment with the county recorder for recordation.

D.

Appeals. The decision of the director or the city engineer regarding lot line adjustments may be appealed as provided in Section 16.04.070.

(Ord. 661 § 1 (1200.100—1200.140), 1994)

A.

Requirements. After a final subdivision map has been filed for recording, it may be amended in a limited number of situations by means of a certificate of correction or an amending map prepared by a registered civil engineer or a licensed land surveyor. An existing map may be amended under the following conditions: (Section 66469)

1.

To correct an error or omission in any course or distance;

2.

To show any course or distance that was omitted;

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 or retirement from practice 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 originally was shown at the wrong location or incorrectly as to its character;

6.

To correct any other type of map error or omission as approved by the city engineer, which does not affect any property right. An error or omission includes, but is not limited to, lot area, lot number, street name and identification of adjacent record maps.

B.

Form and Contents. The amending map or certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. The form and contents of an amending map or certificate shall conform to the requirements of Chapter 16.12 (Final Subdivision Maps) and Chapter 16.16 (Parcel Maps) of this title. The amending map or certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction. (Section 66470)

C.

Certification by City Engineer. The amending map or certificate of correction in completed final form shall be submitted to the city engineer. The city engineer shall examine the amending map or certificate of correction and if the only changes made are those set forth in subsection A of this section, he or she shall certify to this fact on the amending map or certificate of correction. (Section 66471)

D.

Filing With County Recorder. The amending map or certificate of correction certified by the city engineer shall be filed in the office of the county recorder in which the original map was filed. Upon such filing, the county recorder shall index the names of the fee owners and the appropriate subdivision 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. (Section 66472)

E.

Further Modifications of Maps.

1.

In addition to the correction and amendment of maps after a final map is filed in the office of the county recorder, such a final map may be modified by a certificate of correction or amending map if the local agency finds that there are changes in the circumstances which make any or all of the conditions of the map no longer appropriate or necessary pursuant to Section 66472.1 of the Subdivision Map Act.

2.

Such modification shall be set for public hearing before the city council. The city council shall confine the hearing to consideration of and action on the proposed modification.

(Ord. 661 § 1 (1200.200—1200.250), 1994)

Chapter 16.52 - ENFORCEMENT AND JUDICIAL REVIEW