Fairfax Municipal Code Ch. 16.36 Reversion to Acreage

The intent of this chapter is to specify the procedures by, and under which conditions, subdivided property may be reverted to acreage.

(Prior Code, § 16.10.010) (Ord. 670, passed - -1998)

(A) Proceedings to revert subdivided property to acreage may be initiated by petition of all the owners of record of the property.

(B) The petition shall be in a form prescribed by the Planning Director and shall contain the information required by this chapter.

(Prior Code, § 16.10.020) (Ord. 670, passed - -1998)

The Town Council, at the request of any person or on its own motion, may, by resolution, initiate proceedings to revert property to acreage. The Council shall direct the Planning Director to obtain the necessary information to initiate and conduct the proceedings and make recommendations concerning the reversion.

(Prior Code, § 16.10.030) (Ord. 670, passed - -1998)

(A) Either a parcel map or a final map shall be used for reversion to acreage.

(B) Both mapping procedures shall be subject to the provisions of this title.

(1) Four or fewer parcels. A parcel map shall be the document used for reverting to acreage land previously subdivided and consisting of four or fewer contiguous parcels under the same ownership.

(2) Five or more parcels. A final map shall be the document used for reverting to acreage all other previously approved subdivisions not described in division (B)(1) above.

(Prior Code, § 16.10.040) (Ord. 670, passed - -1998)

Petitioners shall file the following when a final map is required for reversion to acreage:

(A) Tentative map. A tentative map in the form prescribed by Chapter 16.08 of this title;

(B) Evidence of title. Evidence of title to the real property;

(C) Evidence of consent. Evidence that all owners of the property consent to the reversion;

(D) Evidence of non-use. Evidence of the non- use or lack of necessity of any roads, streets or easements which are to be vacated or abandoned;

(E) Delineation of features. The delineation of all roads, streets or easements to be left unaffected after the reversion, with appropriate notations;

(F) Evidence on improvements. Evidence that required improvements have not 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;

(G) Evidence of sales. Evidence of all sales of lots or parcels shown on the final or parcel map that have been made within five years from the date the final or parcel map was filed for record;

(H) Final map. A final map in the form prescribed by Chapter 16.16 of this title with the inclusion of all conditions placed on the tentative map; and

(I) Other information. Other information as is required by the Planning Director.

(Prior Code, § 16.10.050) (Ord. 670, passed - -1998)

Petitioners shall file the following when a parcel map is required for reversion to acreage:

(A) Tentative map. A tentative map of the form prescribed by Chapter 16.08 of this title showing the merger of the four or fewer parcels into one parcel;

(B) Evidence of title. Evidence of title to the real property under one ownership;

(C) Evidence of consent. Evidence that all owners of the property consent to the reversion;

(D) Evidence of non-use. Evidence of non-use or lack of necessity of any roads, streets, easements which are to be vacated or abandoned;

(E) Delineation of features. Clear delineation and notation on the parcel map of all roads, streets and easements to be left unaffected after the reversion;

(F) Evidence on improvements. Evidence that no required improvements 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;

(G) Evidence of sales. Evidence of all sales of lots or parcels shown on the final or parcel map that have been made within five years from the date the final or parcel map was filed for record;

(H) Parcel map. A parcel map with the inclusion of all conditions required on the tentative map; and

(I) Other information. Other information as is required by the Planning Director.

(Prior Code, § 16.10.060) (Ord. 670, passed - -1998)

Petitions to revert property to acreage shall be accompanied by a fee as established by the Town Council. This fee is not refundable.

(Prior Code, § 16.10.070) (Ord. 670, passed - -1998)

(A) A reversion to acreage application shall be reviewed by the Planning Commission.

(B) Notice and hearing procedures shall be as provided in this section.

(1) Notice. Notice shall be given as required by the Cal. Gov’t Code § 66451.3.

(2) Planning Commission recommends approval. In the event the Planning Commission recommends that the reversion to acreage be approved, the Town Council shall hold a public hearing to consider the Planning Commission’s recommendation.

(3) Planning Commission denial. In the event the Planning Commission denies a reversion to acreage application, that action is final unless appealed to the Town Council subject to Chapter 17.036.

(Prior Code, § 16.10.080) (Ord. 670, passed - -1998)

The Town Council may approve a reversion to acreage, to be recorded in the County Recorder’s office, only if upon adoption of written findings that dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes, based upon the policies and designations in the general plan, and either:

(A) Consent. All owners of an interest in the real property within the subdivision have consented to reversion;

(B) Lack of Improvements. 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) Recordation. No lots shown on the final or parcel map have been sold within five years from the date the map was filed for record.

(Prior Code, § 16.10.090) (Ord. 670, passed - -1998)

The Town Council shall require as conditions of the reversion:

(A) Dedication. The owners dedicate or offer to dedicate streets or easements that are not to be abandoned; and

(B) Retentions. 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 chapter.

(Prior Code, § 16.10.100) (Ord. 670, passed - -1998)

Except as provided in § 16.36.100, 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 Town Council.

(Prior Code, § 16.10.110) (Ord. 670, passed - -1998)

After the Town Council approval of the reversion, the final map shall be delivered to the County Recorder.

(Prior Code, § 16.10.120) (Ord. 670, passed - -1998)

Reversion shall be effective upon the filing of the final map 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 or effect and shall be shown as such on the assessment roll.

(Prior Code, § 16.10.130) (Ord. 670, passed - -1998)

The recording of the parcel map shall constitute a legal reversion to acreage of the land, abandonment of all streets and easements not shown on the parcel map, and a merger of the separate parcels into one parcel, and shall be shown as such on the assessment roll.

(Prior Code, § 16.10.140) (Ord. 670, passed - -1998)