Avenal Municipal Code Ch. 10.20 Reversions

Sections:

• 10.20.010
• Purpose.
• 10.20.020
• Initiation of Reversion Proceedings.
• 10.20.030
• Review of Petition.
• 10.20.040
• Findings of Reversion.
• 10.20.050
• Conditions for Reversion
• 10.20.060
• Filing with County Recorder.
• 10.20.070
• Merging and Resubdividing without Reversion.
• 10.20.080
• Requirements for Parcel Mergers and Unmergers.

The purpose of this Chapter is to describe how subdivided property may be reverted to acreage and merged and unmerged, pursuant to the provisions of the Subdivision Map Act.

Proceedings to revert subdivided property to acreage may be initiated by petition of all owners of record of the real property or by the city council on its own motion. A. By Owners: In the case of initiation by the owners, the petition shall be submitted to the planning division and shall contain the following information:

1. Evidence of title to the real property within the subdivision.
2. A final map or parcel map consistent with the requirements of Chapter 10.14, “Final Maps And Parcel Maps”, of this Title, and which delineates dedications that will not be vacated, and dedications required as a condition to reversion. Final or parcel maps shall be conspicuously designated with the title, “The purpose of this map is a reversion to acreage”.
3. Such other additional data as required by the city.
4. Each petition for reversion to acreage shall be accompanied by a nonrefundable filing fee as established by resolution of the city council. B. By City Council: The city council may, by resolution, initiate proceedings to revert property to acreage. The city council shall direct the planning director to obtain the necessary information to initiate and conduct the proceedings.

The notice, hearing, and procedural requirements for review of a tentative map requiring city council approval shall be followed in connection with the review of a proposed reversion to

City of Avenal Municipal Code Title 10 - Subdivision Ordinance

Draft 48
June 2023 acreage, provided that, upon the conclusion of the hearing before the city council, the city council may approve the reversion to acreage and take final action on the final map or parcel map.

Subdivided property may be reverted to acreage only if the city council finds that: A. Dedications or offers of dedication to be vacated or abandoned by the reversions to acreage are unnecessary for present or prospective public purposes; and B. Either:

1. All owners of an interest in the real property within the subdivision have consented to reversion.
2. None of the improvements required to be made have been made within two (2) years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later.
3. No lots shown on the final map or parcel map have been sold within five (5) years from the date such map was filed for record.

The city council may require the following as conditions of the reversion: A. The owners dedicate or offer to dedicate streets, public rights of way, or easements. B. The retention of all or a portion of previously paid subdivision fees, deposits, or improvement securities if the same are necessary to accomplish any of the purposes or provisions of the Subdivision Map Act or this Title. C. Such other conditions of reversion as are necessary to accomplish the purposes or provisions of the Subdivision Map Act or this Title or necessary to protect the public health, safety, or welfare.

Upon approval of the reversion to acreage, the city clerk shall transmit the final map or parcel map, together with the city council resolution approving the reversion, to the county recorder for recordation. Reversion shall be effective upon the final map or parcel map being filed for record by the county recorder.

Except as provided in Chapter 10.18, “Voluntary Parcel Merger”, of this Title for merger of contiguous parcels under common ownership, subdivided lands may be merged and resubdivided without reverting to acreage by complying with the applicable requirements for the subdivision of land as provided by this Title and the Subdivision Map Act.

Except as provided otherwise in this Chapter, the requirements for the merger and unmerger of parcels shall be as set forth in the Subdivision Map Act.

City of Avenal Municipal Code Title 10 - Subdivision Ordinance

Draft 49
June 2023