A recorded final tract or parcel map (referred to as a map) may be amended by the town engineer 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 Government Code Section 66469:
1. Filing Of A Certificate Of Correction Or An Amending Map: In the event that errors in a 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 Government Code chapter 3, article 7.
2. Error Defined: 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 map), omission of any course or distance, errors in legal descriptions, or any other map error or omission as approved by the town engineer that does not affect any property right, including, but not limited to, acreage, parcel numbers, street names, and identification of adjacent record maps.
3. Other Corrections: 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.
4. Review Authority: The town engineer shall be the review authority for reviewing and either approving or denying corrections to and amendments of recorded maps in compliance with Government Code section 66469.
5. Application And Town Engineer's Review Process:
a. An application to amend a recorded map in compliance with Government Code section 66469 shall be filed with the town engineer.
b. The town engineer shall determine if the changes requested may be approved with a certificate of correction or an amending map.
c. The town engineer may request additional information based upon that determination and shall approve the certificate of correction or the amending map if all of the required findings specified in subsection A6, "Required Findings", of this section can be made.
6. Required Findings: A map may be amended only if the town engineer first finds all of the following to be true:
a. The change(s) requested only involves a minor map annotation correction(s);
b. The amendment(s) does not impose any additional burden on the fee owner(s) of the real property;
c. The amendment(s) does not alter any interest, right, or title in the real property reflected on the map; and
d. The map, as amended, does not conflict with Government Code section 66474.
B. Type Of Corrections Allowed In Compliance With Government Code Section 66472.1: In the event that there are changes in circumstances which make any or all of the conditions of a recorded map no longer appropriate or necessary, the following procedures shall be followed to amend the map:
1. Application And Town's Review Process:
a. An application to amend a recorded map in compliance with Government Code section 66472.1 shall be filed with the town engineer.
b. Once approved by the town engineer, the application shall be sent to the council for approval of either a certificate of correction or an amending map.
c. The council shall approve the application if all of the required findings specified in subsection B3, "Required Findings", of this section can be made.
2. Review Authority: The council shall be the review authority for reviewing and either approving or denying corrections to and amendments of recorded maps in compliance with Government Code section 66472.1.
3. Required Findings: A map may be amended only if the council first finds all of the following to be true:
a. There is a change(s) 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 owner(s) of the real property;
c. The amendment(s) does not alter any interest, right, or title in the real property reflected on the map; and
d. The map, as amended, does not conflict with Government Code section 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 final tract or parcel 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 section 9.96.040, "Improvement Agreements, Lien Agreements, And Securities", of this article 6, the subdivider shall file a new tentative, final, or parcel map in compliance with this article 6 or comply with the requirements of Government Code sections 66469 through 66472.1. (Ord. 242, 9-3-2013)