Mountain House Municipal Code Ch. 23 Reversion to Acreage

The intent of this Chapter is to specify the procedures under which subdivided property may be reverted to acreage.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications for Reversion to Acreage may be initiated by petition of all of the owners of record of the subject parcels or by the owners' of record authorized agent, or by the City Council in a resolution initiating such proceedings. The application shall include a tentative map, evidence of title to the real property, and such other information as may be required by the review authority. A fee, as specified by resolution of the City Council, shall be required.

(Ord. 2024-18, § 1(Exh. A), 2024)

A Reversion to Acreage Application shall be reviewed using the Public Hearing Review Procedure as specified in Chapter 5 of Division 2, with modifications as provided in this Section.

(a) Planning Commission. At the conclusion of the Public Hearing, the Planning Commission shall recommend approval of the application or deny the application.

(1) If the Planning Commission recommends approval, the application shall be reviewed by the City Council.

(2) If the Planning Commission denies the Reversion to Acreage Application, the action is final, unless appealed to the City Council.

(b) City Council. The City Council shall hold a Public Hearing to take final action if the Planning Commission has recommended approval or if the Planning Commission's denial was appealed.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Board may approve a Reversion to Acreage Application only if it finds that dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes, based upon the policies and designations in the General Plan, and either:

(a) Consent. All owners of an interest in the real property within the subdivision have consented to reversion;

(b) Lack of Improvements. 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 completion of the improvements, whichever is later; or

(c) Lack of Lot Sales. No lots shown on the final or parcel map have been sold within five (5) years from the date such map was filed for record.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Board shall require as conditions of the reversion:

(a) Dedications. Dedications or offer to dedicate streets or easements; and

(b) Retentions. The 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 Division.

(Ord. 2024-18, § 1(Exh. A), 2024)

Except as provided in Section 9-8-2305, upon filing of the final map for Reversion of Acreage with the County Recorder, all fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the City Council.

(Ord. 2024-18, § 1(Exh. A), 2024)

Reversion shall be effective upon the filing of the final map 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 and shall be shown as such on the assessment roll.

(Ord. 2024-18, § 1(Exh. A), 2024)

If there are four (4) or fewer parcels under the same ownership to be reverted to acreage, the recording of a parcel map shall constitute a legal reversion to acreage of the land, abandonment of all streets and easements not shown on the parcel map, and a merger of the separate parcels into one (1) parcel, and these shall be shown as such on the assessment roll.

(Ord. 2024-18, § 1(Exh. A), 2024)