Ione Municipal Code Ch. 16.34 Reversions

The purpose of this chapter is to describe how subdivided property may be reverted to acreage, and merged and unmerged, pursuant to the provisions of the Subdivision Map Act.

(Ord. No. 431, § 2, 2-2-2010)

Proceedings to revert subdivided property to acreage may be initiated by petition of all owners of record of the property or by the city council.

A. By Owners. In the case of initiation by the owners, the petition shall be submitted to the planning division and shall contain the following information:

1. Evidence of title to the real property;

2. Sufficient data to allow the city council to make the findings required in Section 16.44.050 of this title;

3. A final or parcel map consistent with the requirements of chapter 16.28, final maps, of this title, or Chapter 16.30, parcel maps, of this title, and which delineates dedications which will not be vacated and dedications required as a condition to reversion. Final or parcel maps shall be conspicuously designated with the title, "the purpose of this map is a reversion to acreage;"

4. Such other additional data as required by the city planner or the city engineer.

Each petition for reversion to acreage shall be accompanied by a nonrefundable filing fee as established by resolution of the city council.

B. By City Council. The city council may, by resolution, initiate proceedings to revert property to acreage. The city council shall direct the city planner to obtain the necessary information to initiate and conduct the proceedings.

(Ord. No. 431, § 2, 2-2-2010)

The notice, hearing and procedural requirements for review of a tentative map requiring city council approval shall be followed in connection with the review of a proposed reversion to acreage; provided that, upon the conclusion of the hearing before the city council, the city council may approve the reversion to acreage and take final action on the final or parcel map.

(Ord. No. 431, § 2, 2-2-2010)

Subdivided property may be reverted to acreage only if the city council finds that:

A. Dedications or offers of dedication to be vacated or abandoned by the reversions to acreage are unnecessary for present or prospective public purposes; and

B. Either:

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

2. 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 the later, or

3. 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.

(Ord. No. 431, § 2, 2-2-2010)

The city council may require as conditions of the reversion:

A. The owners dedicate or offer to dedicate streets, public rights of way or easements;

B. 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 purposes or provisions of the Subdivision Map Act or this title;

C. Such other conditions of reversion as are necessary to accomplish the purposes or provisions of the Subdivision Map Act or this title or necessary to protect the public health, safety or welfare.

(Ord. No. 431, § 2, 2-2-2010)

Upon approval of the reversion to acreage, the city clerk shall transmit the final 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.

(Ord. No. 431, § 2, 2-2-2010)

Except as provided in Chapter 16.24 of this title for merger of contiguous parcels under common ownership, subdivided lands may be merged and resubdivided without reverting to acreage by complying with the applicable requirements for the subdivision of land as provided by this title and the Subdivision Map Act.

(Ord. No. 431, § 2, 2-2-2010)

Except as provided otherwise in this chapter, the requirements for the merger and unmerger of parcels shall be as set forth in the Subdivision Map Act.

(Ord. No. 431, § 2, 2-2-2010)