Carpinteria Municipal Code Ch. 16.36 Reversion to Acreage

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For statutory provisions on reversion to acreage, see Gov. Code § 66499.11 et seq.

Subdivided property may be reverted to acreage pursuant to provisions of this chapter. Subdivided lands may also be merged and resubdivided without reverting to acreage by complying with the requirements for the subdivision of land as required by this title or the Subdivision Map Act. The filing of the final map or parcel map shall constitute legal merging of the separate parcels into one parcel and the resubdivision of such parcel, and the real property shall thereafter be shown with the new lot or parcel boundaries on the assessment roll. Any unused fees, or deposits previously made pursuant to this title pertaining to the property shall be credited pro rata towards any requirements for the same purposes which are applicable at the time of resubdivision. Any streets or easements to be left in effect after the resubdivision shall be adequately delineated on the map. After approval of the merger and resubdivision by the city council or planning commission in case of a parcel map the map shall be delivered to the county recorder. The filing of the map shall constitute legal merger and resubdivision of the land affected thereby, and shall also constitute abandonment of all streets and easements not shown on the map.

(Ord. 247 § 32, 1978: prior code § 10700)

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 planning director. The petition shall contain the information required by Section 16.36.040 and such other as required by the planning director.

(Prior code § 10701)

The city council at the request of any person or on its own motion may by minute order initiate proceedings to revert property to acreage. The city council shall direct the planning director to obtain the necessary information to initiate and conduct the proceedings.

(Prior code § 10702)

Petitioners shall file the following:

A. Evidence of title to the real property, and

B. Evidence of the consent of all the owners of an interest(s) in the property; or

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;

E. A tentative map in the form prescribed by Section 16.12.140 of this title; or

F. A final map in the form prescribed by Government Code Sections 66433 through 66443, which delineates dedications which will not be vacated and dedications required as a condition to reversion.

(Prior code § 10703)

Petitions to revert property to acreage shall be accompanied by a fee fixed by resolution of the city council. If the proceedings are initiated pursuant to Section 16.36.030, the person or persons who requested the city council to initiate the proceedings shall pay a fee fixed by resolution of the city council. Fees are not refundable.

(Prior code § 10704)

A. A public hearing shall be held before 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 Government Code. The planning director may give such other notice that he deems necessary or advisable.

B. 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 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 were filed for record.

3. The city council may require as conditions of the reversion:

a. The owners dedicate or offer to dedicate streets or easements;

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.

(Prior code § 10705)

Except as provided in Section 16.36.050, 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.

(Prior code § 10706)

After the hearing before the city council and approval of the reversion, the final map shall be delivered to the county recorder.

(Prior code § 10707)

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.

(Prior code § 10708)