Monterey County Municipal Code Ch. 19.11 Reversion to Acreage

Subdivided real property may be reverted to acreage pursuant to the provisions of this Chapter.

Proceedings for reversion to acreage may be initiated by the legislative body on its own motion or by petition of all of the owners of record of the real property within the subdivision.

The application shall be in a form prescribed by the Director of Planning and shall contain the following:

A. Adequate evidence of title to the real property within the subdivision.

B. Sufficient data to enable the decision making body to make all of the determinations and findings required by this Chapter.

C. A final map or parcel 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 upon review of the application.

(Ord. No. 5135, § 85, 7-7-2009)

A public hearing shall be held on the proposed reversion to acreage. Notice thereof shall be given in the manner required in Section 19.01.055.

Subdivided real property may be reverted to acreage only if the Board of Supervisors finds that:

A. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage unnecessary for present or prospective public purpose; 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 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 recorded for public record.

As conditions of reversion the Board of Supervisors may require:

A. Dedications or offers of dedication necessary for the purposes specified by ordinance following reversion.

B. Retention of all previously paid fees if necessary to accomplish the purposes of this Division or local ordinance adopted pursuant thereto.

C. Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this Division of local ordinance adopted pursuant thereto.

Reversion shall be effective upon the parcel map being filed for record by the County Recorder, and thereupon all dedications and offers of dedication not shown thereon shall be of no further for effect.

When a reversion is effective, all fees and deposits shall be returned and all improvement security released.

A tax bond shall not be required in reversion proceedings.

The Board of Supervisors may authorize a parcel map to be recorded under the provisions of this Chapter for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership. Any map so submitted shall be accompanied by evidence of title and nonuse or lack of necessity of any streets or easements which are to be vacated or abandoned. Any streets or easements to be left in effect after the reversion shall be adequately delineated on the map. After approval of the reversion by the Board of Supervisors, the map shall be delivered to the County Recorder. The filing of the map shall constitute legal reversion to acreage the land affected thereby, and shall also constitute abandonment of all streets and easements not shown on the map. The filing of the map shall also constitute a merger of the separate parcels into one parcel for purposes of this Chapter and shall thereafter be shown as such on the assessment roll subject to the provisions of Section 66445. Except as provided in Subdivision (f) of Section 66445, on any parcel map used for reverting acreage, a certificate shall appear signed and acknowledged by all parties having any record title interest in the land being reverted, consenting to the preparation and filing of the parcel map.

Subdivided lands may be merged and resubdivided without reverting to acreage by complying all the applicable requirements for the subdivision of land as provided by this Title. The filing of the final map or parcel map shall constitute legal merging of the separate parcels into one parcel and the resubdivision of such parcel, and the real property shall thereafter be shown with the new lot or parcel boundaries on the assessment roll. Any unused fees or deposits previously made pursuant to this Title pertaining to the property shall be credited prorated towards any requirements for the same purposes which are applicable at the time of resubdivision. Any streets or easements to be left in effect after resubdivision shall be adequately delineated on the final or parcel map. After approval of the merger and resubdivision by the map shall be delivered to the County Recorder. The recording of the final or parcel map shall constitute legal merger and resubdivision for the land affected thereby, and shall also constitute abandonment of all streets and easements not shown on the map.