Mendota Municipal Code Ch. 16.44 Reversion to Acreage

Subdivided real property may be reverted to acreage pursuant to Chapter 6 of the Map Act. The provisions of Section 66499.11 through 66499.20 shall apply.

(Prior code § 14.13.001)

When making a reversion to acreage map, the applicable requirements of this chapter as to filing, map form, tract number and committee review shall be complied with unless waived by the secretary of the planning commission.

(Prior code § 14.13.002)

Copies of the tentative map of a reversion to acreage map shall be distributed to the city engineer, city planner and superintendent of public works. The city engineer, city planner and superintendent of public works shall review and report upon the map in the manner provided in Section 16.16.110 of this code.

(Prior code § 14.13.003)

The 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 city council concerning a reversion to acreage map, the 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.

(Prior code § 14.13.004)

A. The city council shall act upon the commission's recommendation at a regular or adjourned regular meeting not less than fifteen (15) nor more than forty (40) days after the filing of the commission's recommendation with the city council. The city 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 city 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 city 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.

(Prior code § 14.13.005)

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.)

(Prior code § 14.13.006)

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 city council and the recordation of the final map.

(Prior code § 14.13.007)

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

(Prior code § 14.13.008)

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 chapter. The city engineer shall consult with the city planner in making these determinations.

B. If the final map is in the correct form prescribed by the Subdivision Map Act and this chapter 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 (20) days after the receipt of the map, transmit the map together with said other materials to the city clerk for presentation to the city council.

(Prior code § 14.13.009)

A. Approval of Map.

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

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

B. Disapproval of Map.

1. If the city council determines that the map is not in conformity with either the requirements of this chapter or the tentative approval of the reversion to acreage, the city 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 city 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 chapter.

(Prior code § 14.13.010)