Concord Municipal Code Art. I Reversion to Acreage

This article establishes a process for eliminating the subdivision of previously subdivided lots and returning them to their original configuration (Government Code Sections 66499.11 through 66499.20.3).

(Ord. No. 17-9 (Exh. A))

A proposed reversion to acreage may be initiated by either:

(a) Petition by all the owners of record of the property; or

(b) Resolution of the City Council, with the City Council directing the City Engineer to obtain the necessary information to initiate and conduct proceedings.

(Ord. No. 17-9 (Exh. A))

The City Council shall take action on all proposed reversions to acreage.

(Ord. No. 17-9 (Exh. A))

If a property owner initiates a proposed reversion to acreage, a petition shall be submitted and reviewed in accordance with Section 17.05.090 (Application submittal and review). Petitions shall be accompanied by all required fees, information, and materials as specified in the city’s checklist for reversions to acreage applications.

(Ord. No. 17-9 (Exh. A))

The City Council shall take action on a proposed reversion to acreage at a noticed public hearing in accordance with Chapter 18.500 (Public Hearings).

(Ord. No. 17-9 (Exh. A))

(a) Findings. The City Council may approve a proposed reversion to acreage only after making all of the following findings (Government Code Section 66499.16):

(1) Dedications, or offers of dedication, to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes.

(2) One of the following is true:

a. All owners of an interest in the real property within the subdivision have consented to reversion.

b. None of the improvements required to be 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, have been completed.

c. No lots shown on the final map or parcel map have been sold within five years from the date such map was filed for record.

(b) Conditions of approval.

(1) The City Council may attach the following conditions to the approval of a proposed reversion to acreage (Government Code Section 66499.17):

a. The property owner shall dedicate or make an irrevocable offer of dedication as required by Chapter 17.15 (Dedications and Reservations).

b. The property owner shall pay or submit all fees, deposits, or securities as required by this title.

(2) The City Council may attach additional conditions as necessary to ensure compliance with the general plan, any applicable specific plan, the Development Code, or other applicable provisions of the Municipal Code.

(Ord. No. 17-9 (Exh. A))

(a) Recordation. After City Council approval of the reversion to acreage, the city shall transmit the final map or parcel map, together with the City Council resolution approving the reversion, to the County Recorder for recordation.

(1) Upon recordation of the final map, all dedications and offers of dedication applicable to the previous subdivision and not shown on the reversion final map are of no further effect (Government Code Section 66499.18).

(2) Once reversion is effective, all unused fees and deposits must be returned to the current owner of record and all improvement security released except those retained pursuant to Section 17.25.060(b) (Conditions of approval) (Government Code Section 66499.19).

(b) Effective date. Reversions shall be effective when the final map or parcel map is filed with the County Recorder.

(Ord. No. 17-9 (Exh. A))

(a) Parcel map. For subdivisions of four or fewer contiguous lots with a single owner, a parcel map may be used to revert to acreage in compliance with Government Code Section 66499.20.1.

(b) New maps. Subdivided lands may be merged and resubdivided without reverting to acreage by filing a new map over the old map in compliance with Government Code Section 66499.20.2.

(c) Merger of contiguous parcels. As set forth in Article II (Parcel Mergers) of this chapter, the City Engineer may authorize the merger of contiguous parcels under common ownership without reverting to acreage upon recordation of an instrument evidencing the merger in compliance with Government Code Section 66499.20.3.

(Ord. No. 17-9 (Exh. A))