Scotts Valley Municipal Code Ch. 16.28 Correction and Amendment of Maps

After a final map or parcel map is filed 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:

A. To correct an error in any course or distance shown thereon;

B. To show any course or distance that was ordered 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 which originally was shown at the wrong location or incorrectly as to its character;

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;

G. To make modifications and adjustments to a recorded map if all of the following findings are made by the city council following a noticed public hearing as provided for in Section 66451.3 of the California Government Code and where the city council has, at the hearing, only considered the specifics of the proposed modifications. The required findings are:

1. There are changes in circumstances which make any 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(s) of the impacted properties.

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

4. The map as modified conforms to the provisions of Section 66474 of the California Government Code.

As used in this section, the term "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. No recorded map shall be amended without the written consent of all property owners whose property is affected by the amendment. The city council may apply reasonable new conditions as part of the approval of an amendment if those conditions are made necessary as a result of the requested modifications.

(Ord. 64.7 § 1, 1996: Ord. 64.1 § 6, 1978: Ord. 64 § 3 (part), 1975)

The amending map or certificate of correction shall be prepared by a registered civil engineer or licensed land surveyor. An amending map shall conform to the requirements of Section 13.08.208 (final maps) or 13.08.212 (parcel maps) of this chapter. The 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. 64 § 3 (part), 1975)

The city engineer shall examine the amending map or certificate of correction, and if the only changes made are those set forth in Section 16.28.010, he shall certify to this fact on the amending map or certificate of correction.

(Ord. 64 § 3 (part), 1975)

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 certification 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. 64 § 3 (part), 1975)