§ 25-24. Reversion to acreage.

• (A) General conditions. Subdivided real property may be reverted to acreage pursuant to the provisions of this section and Article 1 of Chapter 6 of the Subdivision Map Act. For the purpose of this chapter, a reversion to acreage is a process to be used for the combination and consolidation of land previously subdivided by the filing and recordation of a final subdivision tract map where any or all of the following general conditions apply:

  • (1) All or many of the lots or parcels within the boundary of the land originally subdivided are unsold or are under similar ownership.

  • (2) Some or all of the dedications and easements shown on the original final map are not fully improved.

  • (3) Some or all of the public or private improvements originally required as a condition of approval of the original tentative or final tract map are incomplete.

  • (4) The nonuse of the land for the purpose originally intended will present a burden on the original subdivider, present owners, the city, or other agencies and parties, and the public safety and welfare indicate that the land could be put to another or better use if it were first reverted to acreage.

• (A.1) Initiation of proceedings by owners. Proceedings to revert subdivided real property to acreage may be initiated by petition signed by all of the owners of record or their assignees of the property to be reverted. The petition shall be in form prescribed by the planning director and shall contain the information required by Section 66499.13 of the Subdivision Map Act, and any such other information as required by the planning director.

• (B) Initiation of proceedings by council. The city council, at the request of any person or on its own motion, may by minute order 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 as required by law.

• (C) Required data. Petitions filed for the initiation of reversion proceedings shall contain the following:

  • (1) Name, address and telephone number of the record owners of the lots or land to be reverted; and,

  • (2) Evidence of title to the real property within the subdivision, in the form of title reports, recorded deeds, or other data; and either:

    • (a) Evidence of the consent of all of the owners of record to the reversion, which shall also include signatures of parties owning the types of land interests

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City of Cypress, CA § 25-24

CYPRESS CODE

§ 25-24

described in Section 66436(b) of the Subdivision Map Act; or,

  - (b) Evidence that none of the public improvements required to be made as a condition precedent to the final approval of the subdivision or parcel map have been made or installed within two years from the date the final map or final parcel map was recorded or filed for record with the county recorder, or within the time allowed by agreement for completion of the improvements, whichever is the later date; or,

e that none of the public improvements required to be made as a condition precedent to the final approval of the subdivision or parcel map have been made or installed within two years from the date the final map or final parcel map was recorded or filed for record with the county recorder, or within the time allowed by agreement for completion of the improvements, whichever is the later date; or,

  - (c) Evidence that none of the lots or parcels shown on the final subdivision map or parcel map have been sold within five years from the date the final map or parcel map was recorded or filed for record with the county recorder. 

• (3) A fee in the amount specified be paid by the owner or owners who initiated the reversion proceedings, or shall be paid by the person or persons who requested the city council to initiate the proceedings. Such fees shall not be refunded.

• (D) Final map. A final map or parcel map showing the boundary of the land being considered for reversion, prepared in the same manner as that required for the final tract map of any subdivision, as specified in Article II herein, and also showing dedications which will not be vacated or abandoned as a result of the reversion and any dedications required as a condition to reversion, shall be filed with the director of public works for checking and approval. A parcel map may be used for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership. A map for the reversion to acreage need not be based upon a filed survey if sufficient record data is available. The map, or a tentative copy thereof, shall be submitted at the same time the petition for reversion is submitted.

• (E) Action by the city council. Upon receipt of the petition, the planning director shall verify its accuracy and completeness, and shall prepare a report on the reversion listing the pertinent items to be considered, any dedications or improvements to be required, and any other information needed or required pursuant to the furtherance of the purpose of this chapter. Such report and petition shall be transmitted to the city council, and a public hearing before the council shall be set within 30 days after its receipt. The planning director's report shall also be sent to the owners or person who initiated the proceedings at least three days prior to the date of the public hearing. Notice of the public hearing shall be given as provided in Section66451.3 of the Government Code. At the public hearing, the council shall hear the evidence and all interested parties. The city council may approve a reversion to acreage only if it finds and records by resolution the following:

  • (1) Dedications or offers of dedications to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public uses or purposes.

  • (2) Either:

    - (a) All owners of an interest in the properties to be reverted, as they are described in section 25-24(C)(2) above, have consented to the reversion; or
    

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City of Cypress, CA

SUBDIVISIONS

§ 25-24

§ 25-25

• (b) None of the public improvements required to be made as a condition precedent to the final approval of the subdivision or parcel map have been made or installed within two years from the date the final map or parcel map was recorded or filed for record with the county recorder, or within the time allowed by agreement for completion of the improvements, whichever is the later date; or

• (c) None of the lots or parcels shown on the final subdivision or parcel map have been sold within five years from the date the final map or final parcel map was recorded or filed for record with the county recorder.

As a condition of the approval of the reversion to acreage, the city council may require the following:

• (1) Dedications or offers of dedication for required streets, alleys, drains and utilities required for the public safety and welfare, as required by the director of public works.

• (2) Retention of those portions of previously paid fees and deposits to cover the outstanding expenses of the city for engineering, inspection, surveying, testing, administration and overhead incurred in the processing, checking or handling of the subdivision or division of land being reverted.

• (3) Construction of certain public improvements as required by the director of public works to provide access, adequate circulation to, around or through the land being reverted, and essential utility services to the lots or parcels being reverted, or to properties adjacent thereto, or in lieu of construction, the re-tention of cash fees and deposits previously paid in the estimated amount of the required improvements.

• (4) Retention of a portion of the improvement securities previously posted or the posting of new improvement securities and agreements to guarantee the construction of any improvements required as a condition of the reversion.

• (F) Delivery of final map and effect of recordation. After the public hearing and approval of the reversion, and upon the director of public works' certification as to the correctness and sufficiency of the final map, and upon the posting of any agreements or securities, or the completion of any dedications required by the city council, the director of public works shall release the final map for delivery to the county recorder. Reversion shall be effective upon the final map or parcel map being filed by the city clerk for recordation by the county recorder, and thereupon, all dedications and offers of dedication made by the original subdivision or parcel map, or by separate instrument, not shown on the final map of the reversion, shall be of no further force or effect. When a reversion map is recorded, all fees and deposits shall be returned and all former agreements and improvement securities released, except as provided above in section 25-24(E).

• (Ord. No. 582, § 2, 9-13-76)