Chowchilla Municipal Code Ch. 17.48 Reversion to Acreage

Subdivided real property may be reverted to acreage pursuant to Chapter 6 of the Map Act. The provisions of Sections 66499.11 through 66499.20.3 shall apply.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

When making a reversion to acreage map, the applicable requirements of Chapter 17.20 as to filing, map form, tract number, and committee review shall be complied with, including payment of application fees, unless waived by the city council.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

Copies of the tentative map, of a reversion to acreage map, shall be distributed to the city engineer, director, and public works director. The city engineer, community development director, and public works director shall review and report upon the map in the manner provided in Section 17.20.100.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

The planning commission shall consider the tentative map at a regular or special meeting after giving notice of its intent to consider the map, in a newspaper of general circulation, within the area affected, at least ten days preceding the meeting at which the tentative map is to be heard. In making a recommendation to the council concerning a reversion to acreage map, the planning commission shall determine that the reversion will have no adverse effect on abutting property or the proper development thereof, and that there exists nonuse of streets and easements within the area included in the reversion to acreage.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

A. The council shall act upon the planning commission's recommendation at a regular or adjourned regular meeting not less than fifteen nor more than forty days after the filing of the planning commission's recommendation with the council. The council shall give public notice of its intent to consider the tentative map in a newspaper of general circulation within the area affected at least ten days immediately preceding the meeting at which the map is to be heard. In approving or conditionally approving a reversion to acreage map, the council shall find that dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and either:

1. All owners of an interest in the real property within the subdivision have consented to the reversion; or

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 or parcel map have been sold within five years from the date such map was filed for record.

B. The council shall report its action in writing to the subdivider and the planning commission and the city engineer not later than ten days following such action.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

Upon the title sheet of each map filed for the purpose of reverting subdivided land to acreage, the subtitle shall consist of the words "A REVERSION TO ACREAGE OF _____" (insert the legal description of the land being reverted.)

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

Any previous offer of dedication not retained on the reversion to acreage map shall be deemed to be terminated upon approval of the final map or by the council and the recordation of the final map.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

A tax bond shall not be required in any cases covered by this chapter.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

A. The city engineer shall review each map and assure himself that it complies with the requirements of the approved tentative map, with previously recorded property description data and with the provisions of law and this title. The city engineer shall consult with the director in making these determinations.

B. If the final map is in the correct form prescribed by the Subdivision Map Act and this title, and the matters shown thereon are sufficient, their correctness shall be certified on the map by the city engineer.

C. The city engineer shall within twenty days after the receipt of the map, transmit the map together with the other materials to the city clerk for presentation to the council.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

A. Approval of Map.

1. At its next regular or adjourned meeting after the filing of a final map with the city clerk, the council shall consider the map to determine if it is in conformity with all the requirements of the Subdivision Map Act and this title applicable at the time of approval of the tentative map, or any ruling made thereunder.

2. Upon approval of the map by the council, the city clerk shall deliver the map to the county recorder for recordation.

B. Disapproval of Map.

1. If the council determines that the map is not in conformity with either the requirements of this title or the tentative approval of the reversion to acreage, the council shall disapprove such final map, specifying its reason or reasons therefor, and the city clerk shall, in writing, advise the subdivider of such disapproval and the reason or reasons therefor.

2. After the council has disapproved any map, the proponent may file a new final map with the city clerk, altered to conform to all the requirements imposed upon him by this title.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

Subdivided lands may be merged and resubdivided without reverting to acreage by complying with the requirements of Section 66499.20 ½ of the Government Code, the requirements of this Section 17.48.110 and the requirements for the subdivision of land set forth in the balance of Chapter 17.48 of Title 17 of this code in regard to the procedure for subdivision. The filing of the final map at the end of this procedure shall constitute legal merging of the separate parcels into one parcel and the resubdivision of such parcel, and the real property shall thereafter be shown with the new lot or parcel boundaries on the assessment roll.

A. Any streets or easements to be left in effect after the resubdivision shall be adequately delineated on the map.

B. Any unused fees or deposits previously made pursuant to Title 17 of this code pertaining to the property shall be credited pro rata toward any requirements for the same purposes which are applicable at the time of resubdivision. The additional fee for the city's processing of the application for merger and resubdivision, over and above what is charged for an initial subdivision, shall be $ _______ , payable at the time of the initiation of the request by the requesting party to the city. The amount of this fee shall be reexamined from time to time by the council and may be changed by subsequent resolution of the council.

C. After consideration of the merger and resubdivision by the council, if the council approves the merger and resubdivision, the map shall be delivered to the county recorder by the applicant for recordation. The recordation of the map shall constitute legal merger and resubdivision of the land affected thereby and shall also constitute abandonment of all streets and easements not shown on the map.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)