Del Mar Municipal Code Ch. 24.74 Reversion to Acreage

The City Council on its own motion or all of the owners of record of the real property by petition may revert the subdivided real property to acreage pursuant to the provisions of this Chapter. (Government Code §§ 66499.11, 66499.12).

(Ord. No. 396)

The petition shall be in a form prescribed by the Community Development Director and shall contain, without limitation, the following:

A. Adequate evidence of title to the real property within the subdivision.

B. Sufficient data to enable the City Council to make all of the required determinations and findings.

C. A final map which delineates dedications which will not be vacated and dedications which are a condition to reversion or a parcel map in accordance with Section 66499.20 1/4 of the Act for four or less contiguous parcels in the form prescribed by this Title, there being no tentative map required.

D. Evidence of the consent of all of the owners of an interest in the property.

E. 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.

F. 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. (Government Code § 66499.13).

A. Upon payment of the established fee and the filing of a sufficient petition and proposed map, the Planning Director shall prepare a report and submit the matter to the Planning Commission. (Government Code § 66499.14).

B. The petition shall be set on the agenda of the Planning Commission for noticed, public hearing. (Government Code § 66499.15)

C. The reversion to acreage will be approved only if the Planning Commission makes the findings set forth in Section 66499.16 of the Act.

D. The Planning Commission shall impose the required conditions set forth in Section 66499.17 of the Act. Upon approval of the reversing, the map shall be delivered to the County Recorder for filing.

A. Within 15 days after the adoption of a resolution approving, denying or conditionally approving the petition, any person affected thereby may appeal the decision to the City Council by filing with the City Clerk a Notice of Appeal which specifies the decision or part thereof appealed from and the specific errors alleged as the basis of the appeal.

B. Upon receipt of a sufficient Notice of Appeal together with the established fee, the City Clerk shall set the matter for a noticed, public hearing by the City Council.

A. The City Council shall conduct a noticed public hearing.

B. The City Council shall sustain, overrule, or modify the Planning Commission decision. With the concurrence of the applicant, the matter may be returned to the Planning Commission for further action.