Napa County Municipal Code Ch. 17.50 Reversion to Acreage

Proceedings for reversion to acreage may be initiated by the board on its own motion or by petition to the board by all of the owners of record of the real property within the subdivision. The petition shall be filed with the director of planning and include at a minimum all of the following:

A. A preliminary title report identifying the owner of record of each parcel of real property within the subdivision;

B. Twelve copies of a tentative map in the form required by Chapter 17.08, showing all relevant details of the land division proposed to be reverted, its relationship to existing dedications, and adjoining lands, and configurations of the proposed reversion;

C. A final map of property previously subdivided by a final map and a parcel map of any property previously subdivided by a parcel map which delineates dedications which will not be vacated and dedications which will be a condition of a reversion;

D. Such other information as may be required by the director of public works.

(Ord. 854 § 2 (part), 1987: prior code § 11692)

A public hearing shall be held on the proposed reversion to acreage. Notice thereof shall be given in the time and manner provided by Section 17.12.120 of this title.

(Ord. 854 § 2 (part), 1987: prior code § 11692.1)

Subdivided real property may bc reverted to acreage only if the board finds that:

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

B. Either:

1. All owners of an interest in the real property within the subdivision have consented to the 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 later, and

3. No lots shown on the final or parcel map have been sold within five years from the date such map was filed for record.

(Ord. 854 § 2 (part), 1987: prior code § 11692.2)

As conditions of reversion, the board shall require:

A. Dedications or offers of dedication necessary for widening of public roads and construction of drainage or sewer facilities following reversion;

B. Retention of all previously paid fees;

C. Retention of any portion of required improvement security or deposits the board deems necessary to guarantee the widening of public roads and construction of drainage or sewer facilities following reversion.

(Ord. 854 § 2 (part), 1987: prior code § 11692.3)

After the approval of the tentative map, the applicant may cause a final map to be prepared which shall be processed in accordance with applicable provisions of Chapter 17.20 of this title.

(Ord. 854 § 2 (part), 1987: prior code § 11692.4)

A tax bond shall not be required in reversion proceedings.

(Ord. 854 § 2 (part), 1987: prior code § 11692.5)

A. A parcel map may be filed with the administrator for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership.

B. Any application submitted shall be accompanied by the following:

1. A parcel map, drawn to scale, delineating the existing parcel boundaries and the location of existing structures and easements. All streets or easements shall be identified as proposed to be abandoned or proposed to be left intact after the reversion;

2. Copies of grant deeds for the existing parcels;

3. A parcel map, drawn to scale, delineating the boundaries of the parcel after the merger. A certificate shall appear on the parcel map 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;

4. A legal description of the new parcel as merged;

5. A preliminary title report;

6. A summary of the evidence that demonstrates that the streets or easements which are proposed to be abandoned have not been, and currently are not in use by the public, and why it is not necessary to keep in effect those easements.

C. Notice of the hearing shall be given as provided in Section 17.12.120.

D. The administrator shall transmit a completed application to the county surveyor for review and recommendation, and after receipt of the county surveyor's recommendation shall grant approval of the request for reversion if:

1. The parcels to be merged are presently under common ownership and written consent has been obtained from all record owners;

2. The parcel as merged will be consistent with the zoning of the property. In determining consistency, parcel size shall not be considered;

3. The parcel as merged will not conflict with the location of any existing structures on the property;

4. The parcel as merged will not be deprived access as a result of the merger;

5. Access to the adjoining parcels will not be restricted by the merger;

6. No new lot lines are created through the merger;

7. Release of any indicated easements will not adversely affect any person or entity, including public utilities.

E. A certificate of merger shall be recorded with the recorder within twenty days of approval.

F. The filing of the map shall constitute legal reversion to acreage of the land affected thereby, and shall also constitute abandonment of all streets and easements shown on the map as proposed to be abandoned. The filing of the map shall also constitute a merger of the separate parcels into one parcel, and shall thereafter be shown as such on the assessment roll subject to Government Code Section 66445.

(Ord. 887 § 34, 1988: Ord. 854 § 2 (part), 1987: prior code § 11692.6)

The reversion shall be effective upon the final map or parcel map, as the case may be, being filed for record by the recorder, and thereupon all dedications and offers of dedication not shown thereon shall be of no further force or effect.

(Ord. 854 § 2 (part), 1987: prior code § 11692.7)