Berkeley Municipal Code Ch. 21.48 Reversion to Acreage

Subdivided property may be reverted to acreage pursuant to the provisions of this chapter and the Subdivision Map Act. This chapter shall apply to final maps and parcel maps. (Ord. 5793-NS § 2 (part), 1987)

A. An owner(s) of subdivided property, where the parcels are contiguous and are to be used as one building site, shall file a petition for reversion to acreage prior to construction.

B. An owner(s) of subdivided property, which is developed and where a main building straddles a parcel boundary, shall:

1. File a tentative map or a parcel map in compliance with Section 66499.20 1/2 of the Subdivision Map Act (merging and resubdividing without reversion); or

2. File a petition for reversion to acreage in the event it is not possible to resubdivide in conformity with the zoning ordinance. (Ord. 5793-NS § 2 (part), 1987)

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 City Engineer. The petition shall contain the information required by Section 21.48.040 and such other information as required by the City Engineer. (Ord. 5793-NS § 2 (part), 1987)

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. (Ord. 5793-NS § 2 (part), 1987)

The petition shall contain but not be limited to the following:

A. Evidence of title to the real property.

B. Evidence of either:

1. The consent of all of the owners of an interest in the property; or

2. 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

3. That no lots shown on the final map or parcel map have been sold within five years from the date such final or parcel map was filed for record.

C. A tentative map in the form prescribed by Section 21.16.050 of this title.

D. A final map or parcel map in the form prescribed by Section 21.20.010 or Section 21.24.030 of this title which delineated dedications which will not be vacated and dedications required as a condition to revision. Final or parcel maps shall be conspicuously designated with the title, "The Purpose of the Map is a Reversion to Acreage."

The petition shall be accompanied by a deposit as required by the City Engineer towards processing and plan checking costs in accordance with the City’s current master fee schedule. (Ord. 5793-NS § 2 (part), 1987)

The final map or parcel map for the reversion, together with all other data as required by this chapter shall be submitted to the City Engineer for their review.

Upon finding that the petition meets with all requirements of this title and the Subdivision Map Act, the City Engineer shall submit the final map or parcel map together with their report and recommendations of approval or conditional approval of the reversion to acreage, to the City Council for their consideration. (Ord. 5793-NS § 2 (part), 1987)

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 in Section 66451.3 of the Subdivision Map Act. The City Engineer may give such other notice that they deem necessary or advisable.

A. 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 reversions 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 have been sold within five years from the date such map was filed for record.

B. 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 improvement securities if the same are necessary to accomplish any of the provisions of this title. (Ord. 5793-NS § 2 (part), 1987)

Upon approving the reversion to acreage, the City Clerk shall transmit the final map or parcel map, together with the City Council resolution approving the reversion, to the county recorder for recordation. 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. 5793-NS § 2 (part), 1987)