Big Bear Lake Municipal Code Ch. 16.11 Reversions to Acreage—mergers

Subdivided real property may be reverted to acreage pursuant to the provisions of the Subdivision Map Act, this chapter and the subdivision manual.

(Ord. 89-170 (part), 1989)

Petitions for reversions to acreage shall conform with such requirements as to form and content as are to be specified in the subdivision manual. If the land to be reverted consists of four or less contiguous parcels under the same ownership, a parcel map may be filed for the purpose of reverting the land to acreage. The fee for processing reversions shall be as established by resolution of the city council.

(Ord. 89-170 (part), 1989)

Petitions for reversions to acreage shall document the following:

A. Evidence of title to the real property; and

B. Either:

1. Evidence of the consent of all of the owners of an interest(s) in the property, or

2. Evidence that one of the improvements required to be made have been made within two years from the date the final tract or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later, or

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

C. Evidence of nonuse of or lack or necessity of streets or easements proposed to be vacated or abandoned.

(Ord. 89-170 (part), 1989)

A. If the petition proposes a parcel map for the reversion, the reversion to acreage shall be forwarded to the subdivision committee for review and recommendation to the planning commission.

B. If the petition involves a final tract map, the reversion to acreage shall be forwarded to the subdivision committee and planning commission for review and recommendation to the city council.

C. A public hearing may be held before the city council on reversions to acreage. Notice of the public hearing shall be given as provided in Section 16.01.100 of this title.

(Ord. 89-170 (part), 1989)

A. Two contiguous parcels under common ownership may be merged by the recording of a certificate of merger upon approval by the city engineer, provided the city engineer determines that there are no dedications or offers of dedication required to be abandoned as a result of the merger, that no additional dedications will be required as a result of the merger, that there are no fees, deposits or improvement security that would be required to be returned as a result of the merger, and that the merger is otherwise consistent with the purposes of this title, the city's general plan and the Subdivision Map Act, per the requirements of the subdivision manual.

B. Opportunity for Hearing. Whenever the city engineer believes that real property can be merged pursuant to this chapter, and the merger is not initiated wholly or in part by the subject property owner, then the city engineer shall give the owner of the real property affected by the merger thirty days notice that the city engineer intends to file a notice of merger declaring the lots, parcels, or units of land merged. The notice to the property owner shall advise the owner that he has a right to a hearing before the planning commission on why the notice of merger should not be recorded and shall specify the time, date, and place of hearing.

C. Review by Planning Commission. The planning commission shall hold a public hearing on any merger pursuant to Section 16.11.040 no later than sixty days following receipt of a property owner's request. The property owner shall state his objection and present the evidence upon which he relies. If the planning commission shall find that the conditions constituting merger have not occurred, or that the findings required prior to the granting of a variance can be made with regard to maintaining the lots, parcels, or units of land as unmerged, then it shall determine that no merger has occurred and instruct the city engineer not to file the notice of merger. Otherwise, the city engineer shall file the notice of merger pursuant to the provisions of this chapter.

D. Reversions to Acreage. Subdivided real property which is not deemed merged pursuant to the provisions of this chapter may be reverted to acreage pursuant to the provisions of Article 1 of Chapter 6 of the Subdivision Map Act. The hearing body specified in Section 66499.15 shall be the planning commission. Section 16.11.090 shall also apply.

E. Applicant Initiated Merger. An owner of four or fewer contiguous lots held in single ownership may request a reversion to acreage utilizing a merger. The city engineer shall establish forms to accomplish the merger and a fee may be charged as set forth by resolution of the city council. Processing of the applicant initiated merger shall be as provided in the subdivision manual and the requirements for review by planning commission and city council as contained herein shall not be applicable. In requesting the merger, the applicant shall agree to offer and/or provide as deemed necessary by the city engineer all public right-of-way, easements, and improvements, but excluding fees, as would normally be required for new lots in the immediate area. An applicant initiated merger which proposes resubdivision of any of the lots or modification (other than deletion) of any lot lines shall utilize a parcel map for the merger.

F. Notice to County Recorder. Whenever the city engineer determines that real property has merged pursuant to this chapter, the city engineer shall cause to be filed for record with the county recorder a notice of such merger specifying the name(s) of the record owner(s) and particularly describing the real property affected by the merger.

(Ord. 89-170 (part), 1989)