§ 17.44

Subdivided property may be reverted to acreage pursuant to provisions of this chapter and the State Subdivision Map Act. This chapter shall apply to final maps and parcel maps.

(Ord. 635 N.S. § A (part), 1983)

17.44.020 - Initiation of proceedings.

A.

By Owners. Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the community development director. The petition shall contain the information required by Section 17.44.030 of this chapter and such other information as required by the community development director.

B.

By City Council. The city council, at the request of any person or on its own motion may, by resolution, initiate proceedings to revert property to acreage. The city council shall direct the community development director to obtain the necessary information to initiate and conduct the proceedings.

(Ord. 1143 N.S. § 48, 1993: Ord. 635 N.S. § A (part), 1983)

The petition shall be in the form prescribed by the community development director and shall contain the following:

A.

Adequate evidence of title to the real property within the subdivision;

B.

Sufficient data to enable the city to make all of the determinations and findings required by this chapter;

C.

A final map which delineates dedications which will not be vacated and dedications which are a condition to reversion;

D.

Such other pertinent information as may be required by the community development director.

(Ord. 1143 N.S. § 49, 1993)

17.44.040 - Petition—Submission.

A.

The final map or parcel map for the reversion, together with all other data as required by this chapter, shall be submitted to the community development director for his review.

B.

Upon finding that the petition meets with all the requirements of this title and the State Subdivision Map Act, the community development director shall submit the final map or parcel map, together with his report and recommendations of approval or conditional approval of the reversion to acreage, to the city council for their consideration.

(Ord. 1143 N.S. § 50, 1993: Ord. 635 N.S. § A (part), 1983)

17.44.050 - Petitions—Public hearing—Council approval.

A.

A public hearing shall be held by the city council on all petitions for initiations for reversions to acreage. Notice of the public hearing shall be given as provided by Section 66451.3 of the Government Code. The community development director may give such other notice that he deems necessary or advisable.

B.

The city council may approve a reversion to acreage only if it finds and records by resolution that:

1.

Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and

2.

Either:

a.

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

b.

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 later, or

c.

No lots shown on the final or parcel map were filed for record.

C.

The city council may require as conditions of the reversion:

1.

The owners dedicate or offer to dedicate streets, public rights-of-way or easements;

2.

The retention of all or a portion of previously paid subdivision fees, deposits or improvements securities if the same are necessary to accomplish any of the provisions of this chapter.

(Ord. 1143 N.S. § 51, 1993; Ord. 635 N.S. § A (part), 1983)

17.44.060 - Filing with county recorder.

A.

Upon approving the reversion to acreage, the community development director shall transmit the final map or parcel map, together with the city council resolution approving the reversion, to the county recorder for recordation.

B.

Reversion shall be effective upon the final map being filed for record by the county recorder. Upon filing, all dedications and offers of dedication not shown on the final map for reversion shall be of no further force and effect.

(Ord. 1143 N.S. § 52, 1993; Ord. 635 N.S. § A (part), 1983)

17.44.070 - Merger and resubdivision.

Subdivided lands may be merged and resubdivided without reverting to acreage by complying with all the applicable requirements for the subdivision of land as provided by the State Subdivision Map Act and this chapter. The filing of the final map or parcel map 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 on the new lot or parcel boundaries on the assessment roll. Any unused fees or deposits previously made pursuant to this division pertaining to the property shall be credited pro rata towards any requirements for the same purposes which are applicable at the time of resubdivision. Any streets or easements to be left in effect after the resubdivision shall be adequately delineated on the map. After approval of the merger and resubdivision by the city council or the planning commission, or by the community development director in the case of four or fewer lots, the map shall be delivered to the county recorder. The filing 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. 1143 N.S. § 53, 1993)

Chapter 17.48 - MAP CORRECTIONS AND AMENDMENTS

Sections: