Atascadero Municipal Code Ch. 10 Reversion to Acreage

This section is intended to enable the aggregation of subdivided real property.

(Ord. 370 § 2, 2000)

Proceedings for reversion to acreage may be initiated by the Council on its own motion or by petition of all or the owners of record of the real property within the area to be reverted. The petition shall contain the following:

(a) Adequate evidence of title to the real property within the subdivision;

(b) A statement outlining the use, nonuse, viability or lack of necessity for existing easements, offers of dedication or similar attachments which are to be vacated or abandoned or maintained;

(c) Sufficient data to enable the Council to make all or the determinations and findings required by this chapter;

(d) A final map which delineates dedications which will not be vacated and dedications which are a condition to reversion, and the boundary of the area to be reverted to acreage;

(e) Any other pertinent information as may be required by the Community Development Director.

(Ord. 370 § 2, 2000)

After giving notice as specified in Title 9, Zoning, Section 9-1.110 (Public notice requirements), the Council shall hold a public hearing on the proposed reversion to acreage.

(Ord. 370 § 2, 2000)

Before approving the map, the Council shall find that:

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

(b) Either:

(1) All owners having an interest in the real property to be reverted to acreage 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) No lots shown on the final or parcel map have been sold within five years from the date such map was filed for record.

(Ord. 370 § 2, 2000)

As conditions of reversion, the Council shall require:

(a) Dedications or offers of dedication necessary for the purposes specified by the regulations set out in this title;

(b) Retention of all previously paid fees if necessary to accomplish the purposes of the regulations set out in this title;

(c) Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this chapter.

(Ord. 370 § 2, 2000)

After the hearing and approval of the final reversion to acreage map by the Council, the City Clerk shall transmit the map to the County recorder for recordation.

(Ord. 370 § 2, 2000)

(a) The filing of the map with the County Recorder shall constitute reversion to acreage of the real property affected, and thereupon all dedications and offers of dedication not shown thereon shall be of no further force or effect.

(b) When a reversion is effective, all fees and deposits shall be returned and all improvement security released, except those retained pursuant to Section 11-8.01.

(Ord. 370 § 2, 2000)

A tax bond shall not be required in reversion proceedings.

(Ord. 370 § 2, 2000)