Santa Clara County Municipal Code Part 9 Correction and Amendment of Maps

After a final map or parcel map is filed in the office of the Recorder, it may be amended by a certificate of correction or an amending map in order:

(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 or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments;

(e) To show the proper location or character 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; or

(f) To correct any other type of map error or omission as approved by the County Surveyor or city engineer, which does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent record maps. As used in this section, "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.

(Ord. No. NS-1203.35, § 4, 3-13-78)

The amending map or certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. An amending map shall conform to the requirements of this chapter. The amending map or certificate of correction shall set forth in detail the corrections made and show the name of the present fee owners of the property affected by the correction or omission.

(Ord. No. NS-1203.35, § 4, 3-13-78)

The County Surveyor shall examine the amending map or certificate of correction and, if the only changes made are those set forth in this chapter, he shall certify to this fact on the amending map or certificate of correction.

(Ord. No. NS-1203.35, § 4, 3-13-78)

The amending map or certificate of correction certified by the County Surveyor shall be filed in the office of the Recorder. Upon such filing, the Recorder shall 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 corrected, and thereafter shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Upon application of the subdivider or present owner of a subdivided property, a recorded final map, parcel map or conditions of approval of a recorded map may be modified by a certificate of correction or an amending map if the Board of Supervisors makes the following findings:

(1) There are changes in circumstances which make any or all of the conditions of the map no longer appropriate or necessary.

(2) The modifications do not impose any additional burden on the present fee owner of the property.

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

(4) The map and conditions as modified conform to the provisions of Section C12-122. Requests for modification of a recorded map shall be filed in writing with the Planning Office. Requests shall be accompanied by a fee in an amount prescribed by resolution of the Board of Supervisors and shall be processed in the same manner as a tentative map. The Board of Supervisors shall confine their hearing to consideration of and action on the proposed modification.

(Ord. No. NS-1203.61, § 1, 3-9-82; Ord. No. NS-1203.124, § 35, 12-13-16)