Article 14-55

CORRECTION AND AMENDMENT OF FINAL MAPS

Sections:

14-55.010 Amendments permitted. 14-55.020 Form and contents. 14-55.030 Submittal and approval. 14-55.040 Filing with County Recorder. 14-55.050 Fees and costs.

(a) After a final map is filed for record 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 reasons:

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

(5) 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.

(6) To correct any other type of map error or omission as approved by the 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.

(7) To make modifications when there are changes in circumstances that make any or all of the conditions of the map no longer appropriate or necessary and the modifications do not impose any additional burden on the present fee owner of the property and do not alter any right, title or interest in the real property reflected on the recorded map, and the map as modified conforms to Government Code Section 66474.

(8) To correct any additional information filed or recorded pursuant to 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

(b) 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 map.

(Ord. No. 398, § 1(Att.), 12-20-2023)

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 Section 14-40.030 of this Chapter. The amending map or 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.

(Ord. No. 398, § 1(Att.), 12-20-2023)

(a) Where the correction or amendment of the final map is made for any of the reasons set forth in subsections 14-55.010(a)(1) through (6) and (8), the amending map or certificate of correction shall be submitted to the City Engineer for review and approval. The City Engineer shall examine the amending map or certificate of correction and if the only changes made are those described in subsections 14-55.010(a)(1) through (6) and (8), the City Engineer shall certify to this fact on the amending map or certificate of correction.

(b) Where the correction or amendment of the final map is made for the reason described in subsections 14-55.010(a)(7), the amending map or certificate of correction shall be submitted to the Planning Commission for review and approval. The Commission shall conduct a public hearing on the proposed modification and notice thereof shall be given in the manner prescribed in Section 14-20.060 of this Chapter. The Commission shall confine the hearing to consideration of and action on the proposed modification. The modification shall not be approved if the Commission, with respect to the modification, makes any of the findings set forth in subsections 14-20.070(b) of this Chapter. (Ord. No. 398, § 1(Att.), 12-20-2023)

The amending map or certificate of correction, as certified and approved by the City Engineer or as ap-

273

(Saratoga Supp. No. 53, 4-24)

14-55.040

proved by the Planning Commission, shall be filed for record in the office of the County Recorder. Thereupon, the original map shall be deemed to have been conclusively so corrected and shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map. (Ord. No. 398, § 1(Att.), 12-20-2023)

A fee for the checking, processing, and recording an amending map or certificate of correction, in such amount as established from time to time by resolution of the City Council, shall be paid upon submission of the proposed map or certificate, together with a deposit of the estimated cost of noticing the public hearing, if required.

(Ord. No. 398, § 1(Att.), 12-20-2023)

274

(Saratoga Supp. No. 53, 4-24)

14-60.020