Ceres Municipal Code Ch. 17 Reversions

Subdivided property may be reverted to acreage, and merged and unmerged, pursuant to the provisions of the Subdivision Map Act and this chapter.

(Ord. No. 2020-1058, § 3, 3-23-2020)

Proceedings to revert subdivided property to acreage may be initiated by petition of all owners of record of the property or by the Council.

A. By owners. In the case of initiation by the owners, the petition shall be submitted to the Community Development Department and shall contain the following information:

1. Evidence of title to the real property.

2. Sufficient data to allow the Council to make the findings required in section 17.14.040.

3. A final or parcel map consistent with the requirements of chapter 17.08, Final Maps, or chapter 17.06, Parcel Maps, and which delineates dedications which 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."

4. Such other additional data as required by the Director or the Director.

Each petition for reversion to acreage shall be accompanied by a nonrefundable filing fee as established by resolution of the Council.

B. By council. The Council may, by resolution and after review by the Planning Commission, initiate proceedings to revert property to acreage. The Council shall direct the Community Development Department to obtain the necessary information to initiate and conduct the proceedings.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The notice, hearing, and procedural requirements for review of a tentative map requiring Council approval shall be followed in connection with the review of a proposed reversion to acreage; provided, that upon the conclusion of the hearing before the Council, the Council may approve the reversion to acreage and take final action on the proposed final map.

(Ord. No. 2020-1058, § 3, 3-23-2020)

Subdivided property may be reverted to acreage only if the 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 years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or

3. No lots shown on the final map or parcel map have been sold within five years from the date such map was filed for record.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The Council may require 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.

(Ord. No. 2020-1058, § 3, 3-23-2020)

Upon approval of the reversion to acreage, the City Clerk shall transmit the final or parcel map, together with the Council resolution approving the reversion, to the Stanislaus County Recorder for recordation. Reversion shall be effective upon the final or parcel map being filed for record by the Stanislaus County Recorder.

(Ord. No. 2020-1058, § 3, 3-23-2020)

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.

In the event an existing subdivision is resubdivided to change a street alignment, to change the design of more than four lots, to create more than four new lots, or to alter the drainage, it shall be deemed that a new subdivision is being created and the procedure for filing a tentative and final map as outlined in this chapter shall be applicable, except as otherwise allowed in section 66426 of the Government Code. Changing of four or less number of lots, without any other alterations, shall require the submission of a tentative map to the Planning Commission for approval as to area and lot design and all requirements of this Code. After such approval, a parcel map showing the new parcels shall be submitted to the Director for checking and recording.

(Ord. No. 2020-1058, § 3, 3-23-2020)

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 (California Government Code section 66499.11 et seq.).

(Ord. No. 2020-1058, § 3, 3-23-2020)