Chapter 17.42 — CORRECTION AND AMENDMENT OF RECORDED MAPS

The purpose of this chapter is to provide criteria for the correction or amendment of a final map or parcel map after it is recorded, by either a certificate of correction or an amending map, as authorized by SMA Section 66469, for any of the following purposes:

1.

To correct an error in any course or distance.

2.

To add any course or distance that was omitted.

3.

To correct an error in the description of real property.

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 or character of any monument which has been changed in location or character originally shown in the wrong location or incorrectly as to its character.

To correct any additional information filed or recorded pursuant to SMA Section 66434.2, if the correction does not impose any additional burden on the present fee owners of the real 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.

As used in this section, "error" shall not include changes in courses or distances from which an error is not ascertainable from the data shown on the recorded final or parcel map.

(Ord. No. 2469, § 11, 11-2-2010)

Whenever a person or party desires to amend or correct a map as authorized by SMA Section 66469, they shall submit an amending map or certificate of correction to the public works department for review by the city engineer, along with any required plan check and county recorder's fees. The city engineer is authorized to approve or deny all such applications as a ministerial action.

(Ord. No. 2469, § 11, 11-2-2010)

In accordance with SMA Section 66470, the amending map or certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. An amending map must conform to the format and content requirements of Section 17.40.050 as approved by the city engineer. The amending map or certificate of correction shall also set forth in detail the corrections made and show the names of the fee owners of the real property affected by the correction or omission on the date of the filing or recording of the original recorded map.

(Ord. No. 2469, § 11, 11-2-2010)

A.

The city engineer shall examine the amending map or certificate of correction, and if the changes are consistent with those authorized under SMA Section 66469, the city engineer shall certify to this fact on the amending map or certificate of correction.

B.

As to a certificate of correction, the city engineer shall have twenty working days in which to examine the certificate of correction for compliance with this chapter, endorse a statement on it of his or her examination and certification, and present it to the county recorder for recordation.

C.

In the event the submitted certificate of correction fails to comply with SMA Sections 66469 and 66470, the city engineer shall return it within the same twenty 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 Sections 66469 and 66470. The licensed land surveyor or registered civil engineer submitting the certificate of correction may then make the required changes and resubmit the certificate of correction to the city engineer for final approval. The city engineer shall have ten working days after resubmission and approval of the certificate of correction to present it to the county recorder for recordation.

(Ord. No. 2469, § 11, 11-2-2010)

The amending map or certificate of correction certified by the city engineer shall be filed with the county recorder. Upon such filing, the county recorder must index the names of the fee owners and the appropriate tract 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, modified, or amended and thereafter shall impart constructive notice of all such corrections, modifications, or amendments in the same manner as though set forth in the original map.

(Ord. No. 2469, § 11, 11-2-2010)

17.42.060 - Other amendments and corrections; advisory agency hearing.

A.

In addition to the amendments authorized by SMA Section 66469, a recorded final or parcel map may also be modified by a certificate of correction or an amending map if there are changes in circumstances that make any conditions of the map no longer appropriate or necessary and the modifications do not impose any additional burden on the fee owners of the real property and if the modifications do not alter any right, title, or interest in the real property reflected on the recorded map.

B.

Approval of an amendment pursuant to this section shall require an application and public hearing by the advisory agency that reviewed the tentative map for the subdivision, in addition to certification and other actions by the city engineer as defined in the chapter. An application for advisory agency action shall be in a form as determined by the director and shall include any required processing fee. In reviewing the matter, the advisory agency shall confine the hearing to consideration of, and action on, the proposed modification(s). Approval of the modification must be based on the following findings:

1.

The modifications do not impose any additional burden on the fee owners of the real property reflected on the recorded map.

2.

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

3.

The modifications do not conflict with the findings required for approval of the original tentative map for the subdivision as identified in Section 17.20.120.

C.

Notification and conduct of the public hearing required by this section shall be given pursuant to RMC Sections 18.11.060 and 18.11.070.

(Ord. No. 2469, § 11, 11-2-2010)

Chapter 17.44 - REVERSION TO ACREAGE

Sections: