§ 16.40

A.

Property which has been subdivided may be reverted to acreage under the Subdivision Map and this chapter.

B.

A subdivision may be merged or merged and resubdivided without reverting to acreage by complying with all applicable requirements for the subdivision of land provided by the filing of a new map or a parcel merger. The filing of the map shall constitute legal merger and resubdivision of the land affected and shall also constitute abandonment of all public streets and easements not shown on the map pursuant to Section 66499.201/2 of the California Government Code.

(Ord. 661 § 1 (1000.010), 1994)

16.40.020 - Initiating proceedings.

Proceedings for reversion to acreage may be initiated by either: (Section 66499.12)

A.

The city council on its own motion, in which case the council shall direct the city engineer to obtain the necessary information;

B.

Petition of all of the owners of record of the real property within the subdivision. The petition shall comply with Section 16.40.030 and shall be submitted to the city engineer.

(Ord. 661 § 1 (1000.020), 1994)

The petition shall contain the following: (Sections 66499.13, 66499.201/4)

A.

Adequate evidence of title to the property;

B.

Sufficient data to enable the city council to make all of the determinations and findings set forth in Section 16.40.040;

C.

A final map in the form prescribed by Chapter 16.12 delineating dedications that will not be vacated and dedications required as a condition to reversion. Upon the title sheet of each map filed for the purpose of reverting subdivided land to acreage, the subtitle shall consist of the words: "A Reversion to Acreage of ... (insert a legal description of the land being reverted)";

D.

Other relevant information as the city engineer may require.

(Ord. 661 § 1 (1000.030), 1994)

A.

The subdivider may submit the petition on a form acceptable to the city engineer.

B.

The city engineer shall schedule the reversion to acreage for initial consideration by the development review committee.

C.

The city engineer shall notify the city clerk to set the time and date for the public hearing.

D.

The city engineer shall submit the completed petition together with a report and recommendation to the city council for consideration.

E.

The city council shall consider the matter at a public hearing, with notice of the hearing given in accord with Section 16.04.130 (Section 66499.15).

F.

The city council may approve a reversion to acreage only if it finds that:

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 having an interest in the real property within the subdivision have consented to reversion, or

b.

None of the improvements required to be made have been made within two years from the date the final subdivision map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later, or

c.

No lots shown on the final subdivision map or portion thereof have been sold within five years from the date such map was filed for record. (Section 66499.16)

G.

The city council may require as conditions of the reversion:

1.

That owners dedicate or offer to dedicate streets, public right-of-way or easements; and

2.

That all or a portion of previously paid subdivision fees, deposits or improvements securities be retained if they are necessary to accomplish any of the purposes or provisions of the Subdivision Map Act or this title; and

3.

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. 661 § 1 (1000.040), 1994)

A.

If the city council approves the reversion, the city engineer shall file the final subdivision map with the county recorder for recordation.

B.

Upon such filing for record, the reversion is effective and all dedications and offers of dedication not shown on the map are terminated. (66499.18)

(Ord. 661 § 1 (1000.050), 1994)

Chapter 16.44 - PARCEL MERGER