Chapter 22.94 — REVERSIONS TO ACREAGE

This Chapter provides procedures for the process of reversion to acreage, where subdivided real property may be reverted from multiple parcels to a single parcel, consistent with the policies of the Marin Countywide Plan and the requirements of the Map Act. Reversion to acreage may be used to combine subdivision lots which do not meet the requirements for merger.

(Ord. No. 3577, 2012)

Subdivided real property may be reverted to acreage as provided by this Chapter and by Map Act Chapter 6, Article 1.

(Ord. No. 3577, 2012)

Applications for reversion to acreage shall be filed and processed as follows:

A.

Application information—Streets and easements. The application for reversion shall include evidence of non-use of or lack of necessity for any streets or easements that are to be vacated or abandoned, in addition to the information required by Section 22.40.030 (Application Submittal and Filing).

B.

Filing and processing. The application shall be prepared, filed, and initially processed as provided by Chapter 22.40 (Application Filing and Processing, Fees), except that no environmental review of a reversion to acreage shall be required, as provided by Section 15305 of the CEQA Guidelines.

C.

Transmittal. In addition to the procedures outlined in Chapter 22.40 (Application Filing and Processing, Fees), a reversion to acreage shall be referred to the agencies outlined in Subsection 22.84.030.B (Transmittal to affected agencies).

D.

Completion of process. A reversion to acreage shall require approval of a Parcel or Final Map, with the procedure the same as that required by Chapter 22.86 (Parcel Maps and Final Maps), except that a public hearing shall be held by the Board on the reversion to acreage before approval or denial of the Final Map.

(Ord. No. 3577, 2012)

Subdivided property may be reverted to acreage only if the following findings, in addition to determining compliance with Subsection 22.86.050.B.1 (Criteria for Approval) can be satisfied:

A.

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

B.

All owners of an interest in the real property within the subdivision have consented to reversion; or

C.

None of the improvements required to be made have been made within two years from the date the Parcel or Final Map was filed for record, or within the time allowed by an agreement for completion of the improvements, whichever is the later; or

D.

No lots shown on the Parcel or Final Map have been sold within five years from the date the map was filed for record.

(Ord. No. 3577, 2012)

As conditions of reversion, the following shall be required:

A.

Dedications or offers of dedication necessary for the purposes specified by Chapters 22.82 (Subdivision Design Standards) and 22.100 (Subdivision Improvements and Agreements).

B.

Retention of all previously paid fees and/or any portion of required improvement security or deposits if necessary to accomplish the purposes of the Map Act or this Development Code.

(Ord. No. 3577, 2012)

In addition to the information specified by Section 22.86.020 (Parcel and Final Map Application Filing and Processing), the Final or Parcel Map for a reversion to acreage shall also delineate dedications that will not be vacated and dedications that are a condition of reversion.

(Ord. No. 3577, 2012)

Chapter 22.96 - CERTIFICATES OF COMPLIANCE