409.01: CORRECTION AND AMENDMENT OF MAPS: — Porterville Zoning Code

A. Applicability. The city may approve corrections and amendments to the following maps:

Tentative Maps.

a. Minor Changes. Minor changes in an approved tentative map may be approved by the Zoning Administrator and City Engineer upon application by the subdivider or on the city’s own initiative provided that:
(1) No lots, units or building sites or structures are added;
(2) Changes are consistent with the intent and spirit of the original tentative map approval; and
(3) There are no resulting violations of the Municipal Code.
b. Substantive Changes. Amendments of an approved tentative map for a subdivision that, in the opinion of the Zoning Administrator and City Engineer are not minor, shall be presented to the City Council for approval subject to the procedures for processing a tentative map set forth in Chapter 402, Tentative Maps. The Zoning Administrator and City Engineer may approve substantive changes to an approved tentative parcel map in the same manner set forth in Chapter 405, Parcel Maps.
c. Effect of Amendments. Any approved amendment shall not alter the expiration date of the tentative map.

Final Map/Parcel Map. Amendments to a final map or parcel map may be made in any of the following instances without providing public notice:

a. To correct an error in any course or distance shown on the map.
b. To show any course or distance that was omitted from the map.
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, replacement or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments.
e. 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.

f. To correct any additional information filed or recorded as part of the final map in accordance with 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 property reflected on the recorded map.

g. To correct any other type of map error or omission as approved by the City Engineer that does not affect any property right. Errors and omissions may include, but not be limited to, lots and 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 map.

h. To make modifications when there are changes that make any or all of the conditions of the map no longer appropriate or necessary and:
(1) The modifications do not impose any additional burden on the owners of the property;
(2) The modifications do not alter any right, title, or interest in the real property reflected on the recorded map; and
(3) The city finds that the map as modified does not meet the findings in Section 400.04, Grounds for Denial.
B. Form and Contents. Amendments to final maps or parcel maps may be made with a certificate of correction or an amending map. The amending map or certificate of correction shall be prepared by a Registered Civil Engineer or Licensed Land Surveyor. The form and contents of the amending maps shall conform to the applicable requirements of this Series. The 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.
C. Review and Approval.

General Review. The amending map or certificate of correction shall be submitted to the City Engineer for review and approval, accompanied by the required fee. The City Engineer shall examine the amending map or certificate of correction and, if the only changes are those set forth in subsection (a) above, the City Engineer shall certify to this fact on the amending map or certificate of correction.
Certificate of Correction. The City Engineer shall have twenty (20) days to examine the certificate of correction for compliance with subsections (a) (b) above, endorse a statement on it of his or her 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 section, 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) days after resubmission and approval of the amended certificate of correction to present it to the County Recorder for recordation.

D. Filing with the County Recorder. The amending map or certificate of correction certified by the City Engineer shall be filed or recorded in the office of the Tulare County Recorder. Upon such filing or recordation, 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. 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 upon the original map. (Ord. 1870, 6-2-2020)