§ 19.40

Subdivided property may be reverted to acreage pursuant to the provisions of this chapter.

Proceedings to revert subdivided property 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 City Engineer. The petition shall contain the information required by Section 19.40.040 and such other information as required by the City Engineer.

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 City Engineer to obtain the necessary information to initiate and conduct the proceedings.

Petitioners for a reversion to acreage shall file the following:

(a)

Evidence of title to the real property; and

(b)

Evidence of the consent of all of the owners of an interest(s) in the property; or

(c)

Evidence that none of the improvements required to be made have been made within two years from the date the final map or parcel map was filed for record or within the time allowed by agreement for completion of the improvements, whichever is later; or

(d)

Evidence that no lots shown on the final or parcel map have been sold within five years from the date such final or parcel map was filed for record; or

(e)

A tentative map in the form prescribed by Chapter 19.12 of this Title; or

(f)

A final map in the form prescribed by Chapter 19.20 of this Title which delineates dedications which will not be vacated and dedications required as a condition to reversion.

19.40.050 - Proceedings Before the City Council.

(a)

A public hearing shall be held before the City Council on all petitions for, and City Council initiations for, reversions to acreage. Notice of the public hearing shall be given as provided in Section 66451.3 of the Subdivision Map Act. The City Engineer shall also mail a written notice to all property owners as shown on the latest equalized county assessment roll(s) or persons in possession, if different, within a radius of 300 feet of the proposed project within the time limits as specified in Section 66451.3 of the Subdivision Map Act.

(b)

The City Council may approve a reversion to acreage only if it finds and records in writing 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)

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

(3)

None of the required improvements to 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

(4)

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

The City Council may require as a condition of reversion:

(a)

The dedication or offer of dedication of streets or easements.

(b)

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

Except as provided in Section 19.40.060, upon filing of the final map for reversion of acreage with the County Recorder, all fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the City Council.

After the hearing before the City Council and approval of the reversion, the final map shall be delivered to the County Recorder.

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.

CHAPTER 19.44 - URBAN LOT SPLIT SUBDIVISION REQUIREMENTS