Title 17 SUBDIVISIONS
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).
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