§ 17.92

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

(Ord. 999 § 1 (part), 1985)

Proceedings to revert subdivided property to acreage may be initiated by petition of all the owners of record of the property. The petition shall be in a form prescribed by the city engineer and approved by the city attorney. The petition shall contain the information required by Section 17.92.040 of this chapter and such other information as required by the city engineer and city attorney.

(Ord. 999 § 1 (part), 1985)

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 these proceedings. The city council may refer all data required for any reversion to acreage to the planning commission for their review and recommendations on the reversion.

(Ord. 999 § 1 (part), 1985)

Petitioners shall file the following:

(1)

Evidence of title to the real property; and

(2)

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

(3)

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

(4)

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

(5)

A tentative map in the form prescribed by Chapter 17.20 of this title; or

(6)

A final map in the form prescribed by Chapter 17.32 of this title which delineates dedications which will not be vacated and dedicated as required as a condition to reversion.

(Ord. 999 § 1 (part), 1985)

Petitions to revert property to acreage shall be accompanied by a fee established by resolution of the city council. If the proceedings are initiated pursuant to Section 17.92.020 of this chapter, the person(s) who requested the city council to initiate the proceedings shall pay a fee which shall be determined by resolution of the city council. Fees are not refundable.

(Ord. 999 § 1 (part), 1985)

(a)

A public hearing shall be held before the city council on all petitions for, and city council initiations of, reversions to acreage. Notice of the public hearing shall be given as provided in Section 66451.3 of the Government Code. The city council may give such other notice deemed necessary or advisable. The city council may approve the 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)

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 lot shown on the final or parcel map has been sold within five years from the date that such final or parcel map was filed for record.

(b)

The city council may require, as conditions to the reversion:

(1)

That the owners dedicate or offer to dedicate streets or easements;

(2)

Retention of all or a portion of the previously paid subdivision fees, deposits or improvement securities, if the same are necessary to accomplish any of the provisions of this title and the Subdivision Map Act.

(c)

In the case of a reversion to acreage occasioned by a breach or default of a lien agreement entered into by the city with a subdivider pursuant to section 17.64.065 of this title, final map dedications of master planned streets or rights-of-way (as identified in the circulation element of the city's general plan) shall be retained.

(Ord. 999 § 1 (part), 1985)

(Ord. No. 2398, § 4, 11-19-19)

Except as provided in Section 17.92.060 of this chapter, upon filing of the final map for reversion to acreage with the County Recorder, all subdivision fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the city council.

(Ord. 999 § 1 (part), 1985)

After the hearing before the city council and their approval of final map for reversion to acreage, the final map shall be transmitted to the county recorder.

(Ord. 999 § 1 (part), 1985)

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

(Ord. 999 § 1 (part), 1985)

Chapter 17.96 - REVERSION TO ACREAGE BY PARCEL MAP*

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