Chapter 17.84 CORRECTION AND AMENDMENT OF MAPS

17.84.010 Statement of purpose.

17.84.020 Requirements for correction or amendment.

17.84.030 Requirements for modification based on changed circumstances.

17.84.040 Form and content of amending map or certificate of correction.

17.84.050 Submittal and approval by county surveyor.

17.84.060 Filing with the county recorder.


17.84.010 Statement of purpose.

This chapter implements the Government Code provisions for correction or amendment of errors on final subdivision maps or parcel maps, and for modification of final and parcel maps based on changed circumstances. (Ord. 278-O § 1(part), 2005).

17.84.020 Requirements for correction or amendment.

After a final subdivision 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 in any of the following circumstances:
A. To correct an error in any course or distance shown thereon;
B. To show any course or distance that was omitted 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 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;
F. To correct any information filed or recorded as required by Madera County Ordinance under the authority of the Government Code (see Government Code Section 66434.2), so long as the correction imposes no additional burdens on the present owners of the real property and does not alter any right, title or interest in the real property reflected in the recorded map; and
G. To correct any other type of map error or omission as approved by the county surveyor, which does not affect any property right. Errors and omissions may include, but not be limited to, lots and numbers, acreage, street names and identification of adjacent record maps.
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 map. (Ord. 278-O § 1(part), 2005).

17.84.030 Requirements for modification based on changed circumstances.

A. The county may permit modifications to a final map or a parcel map after it is recorded upon findings that there are changed circumstances which make any or all of the conditions of the map no longer appropriate or necessary, and:
1. The modifications do not impose any additional burden on the present fee owner of the property;
2. The modifications do not alter any right, title or interest in the real property reflected on the recorded map;
3. The map as modified conforms to the provisions of Government Code Section 66474, in that the modification to the map would not require denial of the map.
B. Public Hearing. Once submitted, the proposed modification shall be set for a noticed public hearing by the planning director before the planning commission. Notice shall be given in accordance with Government Code Sections 65090 and 65091 or any successor statute. The issues at the hearing shall be confined to the proposed modification. If the modification relates to a parcel map, the decision of the planning commission shall be final subject to appeal to the board. At the conclusion of the hearing, the planning commission shall make findings on the three issues set forth in subsection A of this section. If the proposed amendment relates to a subdivision map, the decision of the planning commission shall be advisory to the board of supervisors. (Ord. 278-O § 1(part), 2005).

17.84.040 Form and content of amending map or certificate of correction.

The amending map or certificate of correction shall be prepared by a registered civil engineer or licensed land surveyor, and shall be submitted to the director of the planning department for review and processing. The form and content of the amending map shall conform to the requirements for a final subdivision map, or a final parcel map, respectively. The certificate of correction shall set forth in detail the corrections or modifications and show the names of the present fee owners of the property affected. (Ord. 278-O § 1(part), 2005).

17.84.050 Submittal and approval by county surveyor.

Once approved by the planning commission, the amending map or certificate of correction, complete as to final form, shall be submitted to the county surveyor for review and approval. The county surveyor shall examine the amending map or certificate of correction and if the only changes made are those mentioned in Section 17.84.040 of this chapter, this fact shall be certified on the amending map or certificate of correction. (Ord. 278-O § 1(part), 2005).

17.84.060 Filing with the county recorder.

The amending map or certificate of correction certified by the county surveyor shall be filed in the office of the county recorder in which the original map was filed. Upon such filing, the county recorder shall index the names of the fee owners and the appropriate subdivision designation shown on the amending map or certificate of correction in the general index and map index respectively. The original map shall be deemed to have been conclusively so corrected and shall impart constructive notice of all the corrections in the same manner as though upon the original map. (Ord. 278-O § 1(part), 2005).