Manhattan Beach Municipal Code Ch. 11.28 Corrections and Amendment of Maps

After a final 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 reasons:

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 of any monument which has been changed in location or character, or originally was shown at the wrong location or incorrectly as to its character;

F. To correct any other type of map error or omission as approved by the City Engineer which does not affect any property right. As used in this section, the term "error" does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final map; or

G. To make modifications when there are changes in circumstances which make any of the conditions of the map no longer appropriate or necessary and which modifications do not impose any additional burden on the present fee owner of the property, and which modifications do not alter any right, title or interest in the real property reflected on the recorded map. A request for modification under this subsection shall be set for public hearing by the planning commission in accordance with the hearing notice requirements prescribed in Section 11.12.020(B), Tentative map—Filing and review, of this title. Notwithstanding the provisions of Section 11.12.020(B), Tentative map—Filing and review, notice shall be given to all owners within five hundred feet (500') of the property that is the subject of the map amendment and to all owners of record within the subject map. The City Council and/or Planning Commission shall confine the hearing to consideration of, and action on, the proposed modification(s).

(§ 2, Ord. 1990, eff. December 3, 1998)

The amending map or certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. The form and content of the amending map shall conform to the requirements of Section 11.12.030, Content and form, of this title. The amending map or certificate of correction shall set forth in detail the corrections made and the names of the present fee owners of the property affected by the correction.

(§ 2, Ord. 1990, eff. December 3, 1998)

The amending map or certificate of correction, complete as to final form, shall be submitted to the City Engineer for review and approval. The City Engineer shall examine the amending map or certificate of correction and if the only changes made are those permitted by Section 11.28.010 of this chapter, the City Engineer shall certify that fact on the amending map or certificate of correction. The City Engineer shall examine each certificate of correction for compliance with the provisions of this chapter and the Subdivision Map Act, endorse a statement on it of his or her examination and certification, and present it to the County Recorder for recordation within twenty (20) working days after its submittal. If the submitted certificate fails to comply with the provisions of this chapter or the Subdivision Map Act, the City Engineer shall return it within the same twenty (20) 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 this chapter or the Subdivision Map Act. The licensed land surveyor or registered civil engineer submitting the certificate of correction may make the necessary changes and resubmit the certificate of correction to the City Engineer for approval. If the resubmitted certificate is approved, the City Engineer shall present it to the County Recorder for recordation within ten (10) working days.

(§ 2, Ord. 1990, eff. December 3, 1998)

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 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, and thereafter shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map.

(§ 2, Ord. 1990, eff. December 3, 1998)