§ 15.17

The purpose of this chapter is to establish a process for approving and recording corrections or modifications to previously recorded maps. Section 66469 to 66470 of the Subdivision Map Act authorize this procedure as follows:

(a)

A recorded final map or parcel map may be corrected or amended through either the preparation and filing of a certificate of correction or an amending map.

(b)

A recorded final map or parcel map may be modified through the preparation and filing of an amended final map or parcel map, subject to the approval of either the planning commission or the community development director, depending upon which official body approved the tentative map.

(Ord. 1794 § 1 (part), 2002; Ord. 1787 § 1 (part), 2002).

15.17.020 - Application and process for correction to recorded map.

(a)

Any property owner, representative of the property owner or the subdivider may request to correct a recorded map. Such a request shall be made in the form of an application filed with the department of community development. An application for a certificate of correction or an amended map shall be accompanied by the required application and recordation fee, ten (10) copies of the amended map, and a statement of purpose for the correction. The certificate of correction or the amended map shall be prepared in accordance with that prescribed by the Subdivision Map Act.

(b)

Upon receipt of the application, the department of community development shall distribute copies of the request to correct or amend the recorded map to city departments and pertinent agencies for review and comment. These city departments and agencies shall be given fifteen (15) days to review and submit written comments and recommendations on the application.

(c)

Upon the completion of review of the application, the department of community development shall forward the certificate of correction or the amended map to the city engineer for review and action. The city engineer shall approve or deny the application, or may refer the application to the community development director or planning commission for action.

(d)

Approval by the city engineer shall be in the form of his or her signature on the certificate of correction or on the face of the amended map. Upon approval, the city engineer shall have cause to file it with the Marin County recorder's office.

(Ord. 1794 § 1 (part), 2002; Ord. 1787 § 1 (part), 2002).

15.17.030 - Application and process for modification to recorded map.

(a)

Any property owner, representative of the property owner or the subdivider may request to modify a recorded map. Such a request shall be made in the form of an application filed with the department of community development. An application for a modification shall be accompanied by the required application and recordation fee, ten (10) copies of the amended final map or parcel map, and a statement of purpose for the modification.

(b)

Upon receipt of the application, the department of community development shall distribute copies of the request to modify the recorded map to city departments and pertinent agencies for review and comment. These city departments and agencies shall be given fifteen (15) days to review and submit written comments and recommendations on the application.

(c)

Upon the completion of review of the application, the department of community development shall proceed as follows:

(1)

For modifications to a recorded parcel map initially approved by the community development director, the department of community development shall provide public notice to property owners within three hundred feet (300'), describing the modification and allowing a ten (10) day period for public review and comment. Following the public review period, the community development director shall approve or deny the modification, based on findings required for the approval or denial of a tentative map, as required in Chapter 15.03 of this title.

(2)

For modifications to a recorded final map, the planning commission, pursuant to the provisions of this title, shall hold a public hearing to approve or deny the modification. The planning commission's action shall be based on the findings required for the approval or denial of a tentative map, as required in Chapter 15.02 of this title.

(Ord. 1794 § 1 (part), 2002; Ord. 1787 § 1 (part), 2002).

Upon approval, the city engineer shall file the certificate of correction and amended map with the Marin County recorder's office. As required with the filing of the original map, the Marin County recorder's office shall provide the appropriate documentation, which tracks the corrections, amendments or modifications to the originally recorded map. Proof of such documentation shall be provided to the city to ensure that there is constructive notice of the changes that have been recorded.

(Ord. 1787 § 1 (part), 2002).

Chapter 15.18 - DEFINITIONS