§ 20.40

Subdivided property may be reverted to acreage pursuant to the provisions of this chapter. (Ord. CS-192 § 44, 2012)

• A. The City Council, on its own motion, may by resolution initiate proceedings to revert property to acreage and direct the City Engineer to obtain the necessary information to initiate and conduct the proceedings; or

• B. An application to revert subdivided property to acreage may be made by the owner of the property affected or the authorized agent of the owner. The application shall:

  1. Be made in writing on a form provided by the City Engineer;

  2. State fully the circumstances and conditions relied upon as grounds for the application; and

  3. Be accompanied by all data specified in Section 20.40.030 of this chapter and all other materials as specified by the City Engineer.

• C. At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the City Council.

• D. If signatures of persons other than the owners of property making the application are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the city as represented by the City Engineer and the City Council.

• E. The City Engineer shall not accept an application to revert subdivided property to acreage for processing unless the City Engineer finds that:

  1. The requirements of Title 19 of this code have been met;

  2. The application to revert subdivided property to acreage is consistent with the provisions of Title 21 of this code and that all approvals and permits required by Title 21 for the project have been given or issued.

• (Ord. CS-192 § 44, 2012)

Applicants for a reversion to acreage shall file the following:

• A. Evidence of title to the real property; and

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City of Carlsbad, CA § 20.40.030

CARLSBAD CODE

• C. 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

• D. 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; or

• E. A tentative map in the form prescribed by Chapter 20.12 of this title; or

• F. A final map in the form prescribed by Chapter 20.20 of this title which delineates dedications which will not be vacated and dedications required as a condition to reversion.

• (Ord. CS-192 § 44, 2012)

• A. Notice of the public hearing for an application to revert subdivided property to acreage shall be given pursuant to Sections 21.54.060 and 21.54.061 of this code.

• B. Failure by any person to receive notice specified in this section shall not invalidate any action taken pursuant to this title.

• (Ord. CS-192 § 44, 2012)

• A. The City Council shall have the authority to approve, conditionally approve or deny a reversion of subdivided property to acreage based upon its review of the facts as set forth in the application if one is required and submitted pursuant to this chapter, the circumstances of the particular case, and evidence presented at a public hearing.

• B. The City Council may approve or conditionally approve the reversion of subdivided property to acreage if all of the findings of fact in Section 20.40.055 of this chapter are found to exist.

• (Ord. CS-192 § 44, 2012)

The City Council may approve a reversion to acreage only if it finds and records in writing that:

• A. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and

• B. Either:

  1. All owners of an interest in the real property within the subdivision 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 later; or

  3. No lots shown on the final or parcel map were filed for record.

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City of Carlsbad, CA

SUBDIVISIONS

§ 20.40.090

§ 20.40.055

• (Ord. CS-192 § 45, 2012)

The City Council shall require as a condition of the reversion:

• A. The dedication or offer of dedication necessary for the purposes specified by this title following reversion;

• B. 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. CS-192 § 46, 2012)

• A. When a decision on a reversion to acreage is made pursuant to this chapter, the City Council shall announce its decision and findings by formal resolution.

• B. The announcement of decision and findings shall include:

  1. A statement that the tentative map is approved, conditionally approved, or denied;

  2. The facts and reasons which, in the opinion of the City Council, make the approval or denial of the reversion to acreage necessary to carry out the provisions and general purpose of this title;

  3. Such conditions and limitations that the City Council may impose in the approval of the reversion to acreage.

• C. The announcement of decision and findings shall be mailed to:

  1. The owner of the subject real property or the owner's duly authorized agent, the subdivider and/or the subdivider's representative at the address or addresses shown on the application filed with the planning division;

2. Any person who has filed a written request for a notice of decision.

(Ord. CS-192 § 47, 2012)

Except as provided in Section 20.40.060, upon filing of the final map for reversion of 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. 9417 § 2, 1975)

After the hearing before the City Council and approval of the reversion, the final map shall be delivered to the County Recorder.

(Ord. 9417 § 2, 1975)

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City of Carlsbad, CA

CARLSBAD CODE

§ 20.40.090

§ 20.40.090

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. 9417 § 2, 1975)

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City of Carlsbad, CA

SUBDIVISIONS

§ 20.44.010

§ 20.44.050

CHAPTER 20.44 DEDICATION OF LAND FOR RECREATIONAL FACILITIES