Hesperia Municipal Code Ch. 17.32 Reversion to Acreage

Requirement for Reversion to Acreage. Reversions to acreage may be required as a condition of approval for a land use application or allowed upon review and approval of a subdividers request pursuant to the provisions of this chapter.

(Ord. 250 (part), 1997; SBCC § 88.0801)

Subdivided real property may be reverted to acreage by a final map or parcel map pursuant to the provisions of this section.

A. Initiation of Proceedings.

1. Proceedings shall be initiated by petition by the owner of the property. The petition shall be on a form prescribed by the planning department and shall be accompanied by:

a. Evidence of ownership;

b. Evidence of nonuse or lack of necessity of any streets or easements to be vacated or abandoned;

c. Submittal of a tentative map or other application procedure which may be established by the planning director which delineates any streets or easements which are to be left in effect; provided, however, that the planning director may require a tentative tract map prepared to the standard prescribed in this chapter;

d. Such other information as required by the planning department.

2. The city council, at the request of any person or on its own motion, may by resolution initiate proceedings to revert properly to acreage. The city council shall direct the planning department to obtain the necessary information to initiate and conduct the proceedings.

B. Previously subdivided land consisting of four or less contiguous parcels under the same ownership may be reverted to acreage by parcel map; previously subdivided land consisting of five or more parcels under the same ownership shall be reverted to acreage by final map.

(Ord. 250 (part), 1997; SBCC § 88.0805)

Petitioners shall file the following:

A. Evidence of title to the real property; and

B. Evidence of the consent of all of the owners of 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 minor subdivision plot plan or tentative map in the form prescribed by this Title 17;

F. A parcel map or a final map in the form prescribed by this Title 17. The parcel map or final map shall delineate dedications which will not be vacated and dedications required as a condition to reversion.

(Ord. 250 (part), 1997; SBCC § 88.0810)

The petition shall be accompanied by a fee as required by the city's fee schedule.

(Ord. 250 (part), 1997; SBCC § 88.0815)

A. The planning commission shall hold a public hearing on all petitions for, and council initiations of, reversions to acreage. Notice of the public hearing shall be given as provided in Chapter 16.12.

B. In the case of a reversion to acreage by parcel map, the planning commission may approve the reversion to acreage only if it finds and records in writing the findings required by this section.

C. For a reversion to acreage by final map, the planning commission shall render its decision in the form of a written recommendation to the city council. Such recommendation shall include the reasons for the recommendation and shall be transmitted to the city council in such form and manner as may be specified by the city council. Upon receipt of the recommendation of the planning commission, the city council shall hold a public hearing. Notice of the time and place of such hearing shall be given in the same time and manner provided for the giving of notice of the hearing by the planning commission. The city council may approve a reversion to acreage only if it finds and records in writing the findings required by this section.

D. Findings. Prior to approval, the reviewing authority shall find and justify the following to be true:

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;

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 the completion of the improvements, whichever is later; or

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

(Ord. 250 (part), 1997; SBCC § 88.0820)

The council may require as conditions for the reversion the following:

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 security, if the same are necessary to accomplish any of the provisions of this Title 17;

C. The retention of drainage easements for drainage and flood control.

(Ord. 250 (part), 1997; SBCC § 88.0825)

After approval of the petition, a parcel map shall be prepared in accordance with this Title 17; provided, however, that said parcel map may be compiled from recorded data if all the following conditions exist:

A. New division lines are not created;

B. The complete parcel boundary has been monumented and shown on a recorded subdivision map or parcel map;

C. When at least one of these boundary lines can be established from an existing monumented line.

The parcel map shall contain those certificates as required by Section 17.32.030(C).

(Ord. 250 (part), 1997; SBCC § 88.0830)

Except as provided in this chapter, upon filing of the final map for reversion to acreage with the county recorder, deposits shall be returned to the subdivider and all improvement securities shall be released by the council.

(Ord. 250 (part), 1997; SBCC § 88.0835)

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

(Ord. 250 (part), 1997; SBCC § 88.0840)

Reversion shall be effective upon the parcel map or final map being filed for record by the county recorder. Upon filing, all dedications and offers of dedication not shown on the parcel map or final map for reversion shall be of no further force or effect.

(Ord. 250 (part), 1997; SBCC § 88.0845)