§ 87.03.120  Amendments to Recorded Parcel or Final Maps.
   A recorded Parcel or Final Map may be amended to correct errors in the recorded map or to change characteristics of the approved subdivision in compliance with Map Act Chapter 3, Article 7.
   (a)   Type of Corrections Allowed in Compliance with Map Act § 66469.  In the event that errors in a Parcel or Final Map are discovered after recordation, or that other corrections are necessary, the corrections may be accomplished by either the filing of a certificate of correction or an amending map, in compliance with Map Act Chapter 3, Article 7. For the purposes of this Section, “errors” include errors in course or distance (but not changes in courses or distances from which an error is not ascertainable from the Parcel or Final Map), omission of any course or distance, errors in legal descriptions, or any other map error or omission as approved by the County Surveyor that does not affect any property right, including but not limited to parcel numbers, acreage, street names, and identification of adjacent record maps. Other corrections may include indicating monuments set by engineers or surveyors other than the one that was responsible for setting monuments, or showing the proper character or location of any monument that was incorrectly shown, or that has been changed.
      (1)   Application and Review Process.  An application to amend a recorded Parcel or Final Map in compliance with Map Act § 66469 shall be filed with the County Surveyor. The County Surveyor shall determine if the changes requested may be approved with a certificate of correction or an amending map. The County Surveyor may request additional information based upon that determination and shall approve the certificate of correction or the amending map if the required findings can be made.
      (2)   Findings.  A Parcel of Final Map may be amended, if the County Surveyor first finds all of the following to be true:
         (A)   The changes requested only involve minor map annotation corrections;
         (B)   The amendment(s) does not impose any additional burden on the fee owners of the real property;
         (C)   The amendment(s) does not alter any right, title, or interest in the real property reflected on the map; and
         (D)   The map, as amended, is still in compliance with Map Act § 66474.
   (b)   Type of Corrections Allowed in Compliance with Map Act § 66472.1.  In the event that there are changes in circumstances which make any or all of the conditions of a recorded Parcel or Final Map no longer appropriate or necessary, the following procedures shall be followed to amend the map.
      (1)   Application and Review Process.  An application to amend a recorded Parcel or Final Map in compliance with Map Act § 66472.1 shall be filed with the Director. The Director shall refer the application to the County Surveyor for comment. Once approved by both the Director and the County Surveyor, the application shall be sent to the Board for approval of either a certificate of correction or an amending map. The Board shall approve the application if the required findings can be made.
      (2)   Findings.  A Parcel of Final Map may be amended, if the Board first finds all of the following to be true:
         (A)   There are changes in circumstances that make any or all of the conditions of the map no longer appropriate or necessary;
         (B)   The amendment(s) does not impose any additional burden on the fee owners of the real property;
         (C)   The amendment(s) does not alter any right, title, or interest in the real property reflected on the map; and
         (D)   The map, as amended, is still in compliance with Map Act § 66474.
   (c)   Recordation.  After approval, the certificate of correction or amending map shall be submitted to the County Recorder for recordation.
   (d)   Amendment of an Approved Subdivision.  In the event that a subdivider wishes to amend (e.g., change or modify) the characteristics of an approved subdivision (e.g., a recorded Parcel or Final Map), including but not limited to the number or configuration of parcels, location of streets or easements, or the nature of required improvements, the construction of which has been deferred through the approval of an agreement in compliance with § 87.07.040 (Improvement Agreements, Lien Agreements and Securities), the subdivider shall file a new Tentative, Parcel, or Final Map in compliance with this Division or comply with the requirements of Map Act § 66499.20-1/2.
(Ord. 4011, passed - -2007)