§ 16.28

Subdivided property may be reverted to acreage pursuant to provisions of Sections 16.28.020 through 16.28.060.

(Ord. 475 § 28 (part), 1976)

16.28.020 - Reversion to acreage—Initiation of proceedings by owners.

A.

Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the property.

B.

The petition shall contain the following information, and such other information as required by the city clerk:

1.

Evidence of title to the real property; and

2.

Evidence of the consent of all the owners of an interest 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 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 the date such final or parcel map was filed for record;

5.

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

6.

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

(Ord. 475 § 28(a), 1976)

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 council shall direct the city clerk to obtain the necessary information to initiate and conduct proceedings.

(Ord. 475 § 28(b), 1976)

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 city council. If the proceedings are initiated pursuant to Section 16.28.030, the person or persons who requested the council to initiate the proceedings shall pay the fee established by resolution of the council. Fees are not refundable.

(Ord. 475 § 28(c), 1976)

16.28.050 - Reversion to acreage—Proceedings.

A.

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

B.

Prior to city council consideration of the reversion to acreage and the holding of a public hearing, the city clerk may refer the proposed reversion to acreage to the council for a report and recommendation.

C.

The city council may approve a 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 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.

D.

The city council may require, as conditions of reversions:

1.

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

2.

The retention of all or a portion of previously paid subdivision fees, deposits, or improvements securities if the same are necessary to accomplish any of the provisions of this ordinance.

(Ord. 475 § 28(d), 1976)

Except as provided in Section 16.28.050, 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 city council.

(Ord. 475 § 28 (e), 1976)

After the hearing before the council 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 recording by the County Recorder. Upon filing, all dedication and offers of dedication not shown on the final map for reversion shall be of no further force and effect.

(Ord. 475 § 28(f), 1976)

In the event an existing subdivision is resubdivided such that the street alignment, lot design or drainage are changed, then the area constitutes a new subdivision and the procedures for filing a tentative and final map, as outlined in this title, shall apply.

(Ord. 475 § 29, 1976)

Chapter 16.32 - IMPROVEMENTS

Sections: