§ 16.16

Subdivided property may be reverted to acreage pursuant to provisions of this chapter and the Subdivision Map Act (Sections 66499.11 et seq.). This chapter shall apply to final maps and parcel maps. However, subdivided lands may be merged and re-subdivided without reverting to acreage as permitted by Section 66499.20 1/2 of the California Government Code by an applicant complying with all applicable requirements of the Subdivision Map act and this Title 16, resulting in the filing of a final map or parcel map.

(Ord. 235, 1987)

A.

By owners. 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 staff. The petition shall contain the information required by this chapter and such other information as required by the city staff and planning commission.

B.

By City Council. The city council, at the request of any person or on its own motion, by resolution, initiate proceedings to revert property to acreage. The city council shall direct the planning staff to obtain the necessary information to initiate and conduct the proceedings.

(Ord. 235, 1987)

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

A.

Evidence of title to real property; and

B.

Evidence of the consent of all of the owners of an interest in the property; or

C.

Evidence that none of the improvements required to be made have been made within two (2) 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 (5) years from the date such final map or parcel map was filed for record;

E.

A final map or parcel map in the form prescribed by Chapter 16.08 of this Code which delineates dedications which will not be vacated and dedications required as condition to reversion. Final or parcel maps shall be conspicuously designated with the title, "The Purpose of this Map is a Reversion to Acreage";

F.

A deposit as required to offset publication of notice, processing and plan checking costs in accordance with the city's established fees and charges.

(Ord. 235, 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 staff for review. Upon finding that the petition meets with all the requirements of this title and the Subdivision Map Act, the final map or parcel map, together with reports and recommendations of approval or conditional approval of the reversion to acreage, shall be submitted to the city council for their consideration.

(Ord. 235, 1987)

16.16.030 - City Council Approval.

A.

A public hearing shall be held by the city council on all petitions for initiations to reversions to acreage. Notice of the public hearing shall be given as provided in Section 66451.3 of the Government Code. The city staff may give such other notice that it deems necessary or advisable. 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 reversion to acreage are unnecessary for present or prospective public purposes; and

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 (2) 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 (5) 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 right-of-way or easement;

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 chapter.

(Ord. 235, 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 dedication and offers of dedication not shown on the final map for reversion shall be of no further force and effect.

(Ord. 235, 1987)

Chapter 16.18 - ENFORCEMENT OF PROVISIONS

Sections: