Larkspur Municipal Code Ch. 17.36 Reversion to Acreage

Sections: 17.36.010 Initiation by Owners. 17.36.020 Initiation by City Council. 17.36.030 Filing. 17.36.040 Public Hearing. 17.36.050 Required Findings. 17.36.060 Conditions. 17.36.070 Recordation. 17.36.080 Effect of Filing with County Recorder.

A reversion to acreage may be initiated by a petition of all the owners of record of the property. The petition shall be in a form and shall contain information required by the City Engineer. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

At the request of any person or on its own motion, the City Council may initiate proceedings to revert property to acreage. The City Council shall direct the City Engineer to obtain the necessary information to initiate and conduct the proceedings. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

Petitioners shall file 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 determinations and findings required by this chapter;

C. A final map which delineates dedications which will not be vacated and dedications which are a condition to reversion;

D. Such other pertinent information as may be required by the City Engineer;

E. A filing fee in the amount specified by City Council resolution. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

A public hearing shall be held before the City Council on all petitions for initiations for reversion to acreage. Notice of public hearing shall be given as provided in Government Code Section 66451.3. The City Council may give such other notice that it deems necessary or advisable. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

The City Council may approve a reversion to acreage only if it finds and records in writing that:

A. Dedications or offers of dedications to be vacated or abandoned by the reversion 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; or

2. None of the improvements required to be made have been made within two (2) 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

3. No lots shown on the final map or parcel map have been sold within five (5) years from the date such

map was filed for record. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

The City Council shall require as conditions of the reversion:

A. The owners dedicate or offer to dedicate streets or easements;

B. Retention of all or a portion of previously paid subdivision fees, deposits or improvements securities if the same are necessary to accomplish any of the provisions of this title. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

After the hearing before the City Council and approval of the reversion, the final map shall be delivered to the County Recorder. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

Reversion shall be effective upon the final map being filed 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 and effect. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

Except as provided in Larkspur Municipal Code Section 17.36.060, all fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the City Engineer upon filing of the final map with the County Recorder. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)