Chapter 20.32 — REVERSION TO ACREAGE

Subdivided real property may be reverted to acreage pursuant to the provisions of this chapter. (Prior code §9-31; Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)

Proceedings to revert subdivided property to acreage may be initiated by petition of all owners of record of the real property within the subdivision. The petition shall contain the following information and such other information as required by the director:

• A. Evidence of title to the real property within the subdivision; and

• B. Evidence of the consent of all owners of an interest 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 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 map or parcel map have been sold legally or equitably or encumbered for purposes of financing within five years from the date such final or parcel map was filed for record and evidence that reversion shall not prejudice any person acquiring any interest (equitably or legally) in said lot or lots after said date;

• E. A final map in form prescribed by Chapter 20.44 which delineates dedications which will not be vacated and dedications required as a condition to reversion.

(Prior code §9-31(a); Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)

The board, on its own motion, may by resolution initiate proceedings to revert subdivided property to acreage. The board shall direct the director to obtain the necessary information to initiate and conduct proceedings.

(Prior code §9-31(b); Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)

Petitions to revert property to acreage shall be accompanied by a fee to cover the cost of processing and public hearing in an amount to be set from time to time by resolution of the board. If the proceedings are initiated pursuant to Section 20.32.030 , the person or persons who requested the board to initiate the proceeding shall pay the fee established by resolution of the board. Fees are not refundable.

(Prior code §9-31(c); Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)

A public hearing shall be held before the board on all petitions for, and board initiations for, reversions to acreage. Notice of the public hearing shall be given as provided in Section 20.12.110 . The board may give other such notice that it deems necessary or advisable. Prior to board consideration of the reversion to acreage and the holding of the public hearing, the board may refer the proposed reversion to acreage to the commission for a report and recommendation. (Prior code §9-31(d); Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)

The board may approve a reversion to acreage only if it finds that:

• A. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary to those presently having an interest therein or for present or prospective public purposes; and

• B. Either:

  1. All owners of an interest in the real property within the subdivision have consented to 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. Evidence that no lots shown on the final map or parcel map have been sold legally or equitably or encumbered for purposes of financing within five years from the date such map was filed for record and evidence that reversion shall not prejudice any person acquiring any interest (equitably or legally) in said lot or lots after said date.

• (Prior code §9-31(e); Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)

The board shall require as conditions of reversion:

• A. Dedication or offers of dedications for streets or easements or other necessary purposes specified by local ordinance following reversion;

• B. Retention of all previously paid fees if necessary to accomplish the purposes of this title;

• C. Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this title.

(Prior code 9-31(f); Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)

Except as provided in Section 20.32.070 , upon filing of the final map for reversion to acreage with the county recorder, all fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the board. A tax bond shall not be required in reversion proceedings. (Prior code §9-31(g); Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)

After the hearing before the board and approval of the reversion, the final map shall be delivered to the county recorder. The reversion to acreage 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. (Prior code §9-31(h); Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)

A parcel map may be recorded under the provisions of this chapter for the purpose of reverting to acreage, land previously subdivided and consisting of four or less contiguous parcels under the same ownership. Any map so submitted shall be accompanied by evidence of title and nonuse or lack of necessity of any streets or easements to be left in effect after the reversion shall be adequately delineated on the map. After approval of the reversion by the board, the map shall be delivered to the county recorder. The filing of the map shall constitute legal reversion to acreage of the land affected thereby, and shall also constitute abandonment of all streets and easements not shown on the map. The filing of the map also constitutes a merger of the separate parcels into one parcel for purposes of this title and shall thereafter be shown as such on the assessment roll subject to the provisions of Section 66445 of the Governmental Code. Except as otherwise provided in subsection (f) of Section 66445, on any parcel map used for reverting acreage, a certificate shall appear signed and acknowledged by all parties having any record title interest in the land being reverted, consenting to the preparation and filing of the parcel map. (Prior code §9-31(i); Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)

Subdivided lands may be merged and resubdivided without reverting to acreage by complying with all applicable requirements for the subdivision of land as provided for in this title. The filing of the final map or final 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 with the new lot

or parcel boundaries on the assessment roll. Any unused fees or deposits previously made pursuant to this title 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 board the map shall be delivered to the 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. (Prior code §9-31(j); Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)

• A. Upon request of the legal owner of contiguous parcels, the department may approve the merger of the parcels. The request shall be in writing on a form approved by the department and shall be accompanied by data and documents, as required by the department.

• B. Upon approval, a "notice of merger" shall be filed with the county recorder. The form and content of the notice shall be as required by the department.

• C. In approving the merger, the county may impose reasonable conditions. The reasonableness of the conditions may be appealed to the commission within ten days of receipt of written notice of the conditions.

• D. A fee may be charged, not exceeding actual cost, as may be fixed from time to time by the board.

• (Ord. CS 179 §1, 1986)