Chapter 20.52 — REVERSIONS TO ACREAGE; MERGERS — Indian Wells Planning Code

§ 20.52.010. Applicability. ¶

Subdivided real property may be reverted to acreage pursuant to the provisions of the Subdivision Map Act, this Title, and the subdivision manual. (Ord. 249 § 3, 1989)

§ 20.52.020. Content and form. ¶

Petitions for reversions to acreage shall conform with such requirements as to form and content as are specified in the Subdivision Map Act and the subdivision manual. If the land to be reverted consists of four (4) or fewer contiguous parcels under the same ownership, a parcel map may be filed for the purpose of reverting the land to acreage. The fee processing reversions shall be as established by resolution of the Council.

(Ord. 249 § 3, 1989)

§ 20.52.030. Requirements. ¶

Petitions for reversions to acreage shall document the following:

(a) Evidence of title to the real property;
(b) Either: (1) evidence of the consent of all of the owners of an interest in the property; or (2) evidence that none of the improvements required to be made have been made within two (2) years from the date the final tract or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or (3) evidence that no lots shown on the final tract or parcel map have been sold within five years (5) from the date such final map was filed for record;
(c) Evidence of nonuse of or lack of necessity of streets or easements proposed to be vacated or abandoned.
(Ord. 249 § 3, 1989)

§ 20.52.040. Approval process. ¶

(a) Petition for Reversion. Petitions for reversion to acreage shall be forwarded to the City Engineer and Planning Commission for review and recommendation to the Council.
(b) Public Hearing. A public hearing shall be held before the Council on reversions to acreage. Notice of the public hearing shall be given as provided in Section 20.04.080.
(Ord. 249 § 3, 1989)

§ 20.52.050. Mergers. ¶

Two (2) contiguous parcels under common ownership may be merged by the recording of a certificate of merger upon approval by the City Engineer with consultation with the Director of Community Development, provided they determine all of the following:

(a) That there are no dedications or offers of dedication required to be abandoned as a result of the merger;

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City of Indian Wells, CA

SUBDIVISIONS

§ 20.52.050

(b) That no additional dedications will be required as a result of the merger;
(c) That there are no fees, deposits or improvement security that would be required to be returned as a result of the merger; and
(d) That the merger is otherwise consistent with the purposes of this Title and the City's General Plan.
(Ord. 249 § 3, 1989; Ord. 543 § 1, 2003)

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City of Indian Wells, CA

SUBDIVISIONS

§ 20.56.010

§ 20.56.030

CHAPTER 20.56 ENFORCEMENT

§ 20.56.010. General. ¶

The provisions of this Title shall be enforced in accordance with the provisions of the Subdivision Map Act. Land divided in a manner contrary to the provisions of this Title shall not constitute legal building sites and no permit shall be issued by the City for construction of any improvements thereon, unless and until such land has been brought into conformance with these requirements.

(Ord. 249 § 3, 1989)

§ 20.56.020. Certificate of compliance. ¶

(a) Any owner of real property may request a determination by the City as to whether such real property complies with the provisions of the Subdivision Map Act and this Title. A recorded final map, parcel map or official map shall constitute a certificate of compliance with respect to the parcels of real property described therein.
(b) Requests for a certificate of compliance shall be processed and reviewed by the City Engineer.
(c) If the City Engineer determines that the property complies with the requirements of the Subdivision Map Act and the Subdivision Ordinance of the City of Indian Wells, he shall transmit a recommendation to the Council that the certificate of compliance should be issued.
(d) Certificates of compliance shall be filed for record with the recorder. The certificate of compliance shall identify the real property and shall State that it complies with applicable provisions of the Subdivision Map Act, the Subdivision Ordinance of the City of Indian Wells and other local ordinances.
(e) The City shall impose a reasonable fee to cover the cost of issuing and recording the certificate of compliance as established by resolution of the Council.
(Ord. 249 § 3, 1989)

§ 20.56.030. Conditional certificates of compliance. ¶

(a) If the City Engineer determines that real property does not comply with the provisions of the Subdivision Map Act or the Subdivision Ordinance of the City of Indian Wells, an owner of real property may request a conditional certificate of compliance.
(b) A request for a conditional certificate of compliance shall be processed and reviewed by the commission, which may recommend conditions to the conditional certificate of compliance subject to the provisions of the Subdivision Map Act. The Council shall review the Commission's recommendation and may revise, alter, or add conditions to the conditional certificate of compliance prior to approval.
(c) Conditional certificates of compliance shall be filed for record with the office of the County Recorder. Such certificate shall serve as notice to the applicant who has applied for the certificate, a grantee of the property owner or any subsequent transferee or assignee of the property that the fulfillment and implementation of such conditions shall be required prior

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City of Indian Wells, CA

SUBDIVISIONS

§ 20.56.030

to subsequent issuance of a permit or other grant of approval for development of the property.

(Ord. 249 § 3, 1989)

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City of Indian Wells, CA

SUBDIVISIONS

§ 20.60.010

§ 20.60.020

CHAPTER 20.60 MONUMENTS