Monterey County Municipal Code Ch. 19.08 Modification of Conditions, Revised Tentative Maps and Correction Of…

A. Revision of an approved tentative map or tentative parcel map may be considered by the appropriate decision making body upon application in writing by the subdivider or developer provided that:

1. The final or parcel map has not been filed for record;

2. No lots, units or building sites are added or deleted;

3. The changes are consistent with the applicable General Plan, Area Plan, Coastal Land Use Plan, Master Plan or Specific Plan;

4. There are no resulting violations of Monterey County Codes; and

5. There will be no new significant adverse environmental effect from the change.

B. A proposed revision of a tentative map (standard subdivision) shall be considered consecutively by the Standard Subdivision Committee and Planning Commission. A proposed revision of a tentative parcel map (minor subdivision) shall be considered after public notice by the appropriate decision making body. The appropriate decision making body shall confine its consideration and action to the proposed revisions to the tentative map or tentative parcel map.

C. Any such approved revision shall not alter the expiration date of the tentative map or tentative parcel map, and shall not relieve the burden of responsibility to complete all conditions of the tentative map by the subdivider. Any proposed modification to an approved tentative map other than an insignificant modification as described above shall be processed as an application for a new subdivision.

(Ord. 3797, 1994)

A. Modifications of conditions to an approved tentative map or approved tentative parcel map may be considered by the appropriate decision making body provided that:

1. The final or parcel map has not been filed for record;

2. No lots, units or building sites are added or deleted;

3. The changes are consistent with the applicable General Plan, Area Plan, Coastal Land Use Plan, Master Plan or Specific Plan;

4. There are no resulting violations of Monterey County Codes; and

5. There will be no new significant adverse environmental affect from the change.

B. A proposed modification of conditions of an approved tentative map (standard subdivision) be considered at duly noticed public hearing held consecutively by the Standard Subdivision Committee and the Planning Commission. A proposed modification of conditions of an approved tentative parcel map (minor subdivision) shall be considered after public notice by the appropriate decision-making body. The appropriate decision making body shall confine its consideration and action to the proposed modified conditions of the approved tentative map or tentative parcel map.

C. Any such approved modification of conditions shall not alter the expiration date of the tentative map or tentative parcel map, and shall not relieve the burden of responsibility to complete all conditions of the tentative map by the subdivider. Any proposed modification of conditions to an approved tentative map or tentative parcel map other than an insignificant modification as described above shall be processed as an application for a new subdivision.

(Ord. 3797, 1994)

A. 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 for any of the following purposes:

1. To correct an error in any course or distance shown thereon;

2. To show any course or distance that was omitted therefrom;

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 or replacement of the engineer or surveyor charged with responsibilities for setting monuments;

5. To show the proper location of any monument which has been changed in location, or character, or originally shown at the wrong location or shown incorrectly as to its character.

6. To correct any other type of map error or omission as approved by the County Surveyor which error or omission does not affect any property right. Errors and omissions may include, but are not limited to, lot numbers, acreage, street names and identification of adjacent record maps. 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.

7. To make modifications to a final map or parcel map where there are changes which make any or all of the conditions of the map no longer appropriate or necessary provided the modifications do not impose any additional burden on the present fee owner of the property, nor alter any right, title or interest in the real property reflected on the recorded map. The modification shall be consider consecutive public hearings by the appropriate decision making body(s) that approved or recommended approval the original tentative map or the tentative parcel map. The appropriate decision making body shall confine the hearing to consideration of, and action on, the proposed modification.

B. The amending final or parcel map or certificate of correction shall be prepared by a registered civil engineer or licensed land surveyor. The form and contents of the amending map shall conform to the requirements of Sections 19.03.040 if a final map, and Section 19.04.045 if a parcel map. The 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.

C. The amending final or parcel map or certificate of correction, complete as to final form, shall be submitted to the County Surveyor for review and approval. The County Surveyor shall examine the amending final or parcel map or certificate of correction and if the only changes made are those set forth in Section 19.08.015, this fact shall be certified by the County Surveyor on the amending map or certificate of correction.

D. The amending final or parcel map or certificate of correction certified by the County Surveyor 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 final or parcel 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.

(Ord. 3797, 1994)