If agreed upon by the City Engineer, a recorded final subdivision map or parcel map may be amended to correct errors and omissions in the map or to reflect changed circumstances subsequent to map approval. Amendments may be requested using an amendment map or a certificate of corrections and shall be approved by either the City Engineer or the Planning Commission depending on the nature of the amendments. Amendments shall be reviewed and approved in a manner consistent with this section and Cal. Gov't Code § 66469 or 66472.1.
(A) General. The following applies to requested amendments reviewed by both the City Engineer and the City Council.
(1) Amending maps shall conform to the requirements of § 8.24.320 (Form and contents of final subdivision map and parcel map).
(2) Amending maps and certificates of correction shall identify the corrections made, the names of the property owner affected by the correction or amendment, and the date of the filing or recording of the original map.
(3) Amending maps and certificates of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor.
(4) Requested amendments may not impose any additional burden on the property owners and may not alter any right, title, or interest in the property reflected on the recorded map.
(B) Amendments allowed with City Engineer approval. The City Engineer may approve map amendments to correct for errors and omissions as specified in Cal. Gov't Code § 66469.
(1) Within 20 working days of receiving an amending map or certificate, the City Engineer shall review the submittal for compliance with the requirements of this section.
(2) If the certificate complies, the City Engineer shall endorse a statement on it of examination and certification, and present it to the County Recorder for recordation.
(3) If an amending map or certificate fails to comply with the requirements of this section, the City Engineer shall notify the applicant in writing of the changes needed for compliance,
(4) Within ten working days of receiving a revised amending map or certificate, the City Engineer shall review the revised submittal for compliance.
(5) Once the amending map or certificate is in compliance, the City Engineer shall present it to the County Recorder for recordation.
(C) Amendments requiring City Council approval. Map amendments to reflect changed circumstances that make map conditions no longer necessary or appropriate may be approved by the City Council in a manner consistent with this section and Cal. Gov't Code § 66472.1.
(1) Within 30 days of receiving an amending map or certificate, the City Engineer shall examine the certificate of correction for compliance with the requirements of this section.
(2) After the application is deemed complete and a CEQA determination has been made, the requested amendments shall be scheduled for review by the City Council at a noticed public hearing.
(3) The City Council may approve the requested amendment if all of the following findings can be made:
(a) There are changes in circumstances that make any or all of the conditions of the map no longer appropriate or necessary.
(b) The modifications do not impose any additional burden on the property owners.
(c) The modifications do not alter any right, title, or interest in the property
(d) The map as modified conforms to Cal. Gov't Code § 66474.
(4) The City Council shall confine the hearing to consideration of, and action on, the proposed modification.
(D) Recording.
(1) The certified amending map or certificate of correction shall be filed or recorded in the office of the County Recorder.
(2) After accepted and indexed by the County Recorder, the original map shall be deemed to have been conclusively corrected.
(E) Amendment of an approved subdivision.
(1) If an applicant wishes to amend a recorded final subdivision map or parcel map in a manner that affects a property right, the applicant must file a new tentative map or new parcel map if no tentative map is required, in compliance with this title.
(2) New maps are also required for amendments to the characteristics of an approved subdivision including but not limited to the number or configuration of parcels, location of streets or easements, or the nature of required improvements.
(Ord. 15-12, passed 12-15-2015)