Chapter 16.28 — REVERSIONS TO ACREAGE

Subdivided property may be reverted to acreage either by final subdivision map or by parcel map, pursuant to the provisions of this chapter. (Ord. 1749 § 3)

• A. Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the property.

• B. The petition shall be filed with the zoning administrator and shall conform to the rules of the zoning administrator as to form and content. The rules of the agency shall require the following to be included in the petition:

  1. Evidence of title to the real property.

  2. One of the following, as applicable for a given petition:

     • a. Evidence of the consent of all of the owners of interest in the property; or

     • b. Evidence that none of the improvements required to be made have been made within 2 years from the date the final subdivision map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or

     • c. Evidence that no parcels shown on the final subdivision map or parcel map have been sold within 5 years from the date when the final subdivision map or parcel map was filed for record.

  3. A final subdivision map showing dedications that will not be vacated and any dedication required as a condition to reversion.

• C. The petition shall be subject to a fee established by resolution of the city council. (Ord. 1749 § 3)

The city council, at the request of any person or on its own motion, may by resolution initiate proceedings to revert property to acreage.

• A. The city council shall direct the zoning administrator to obtain the information required for a petition for reversion to acreage and present the matter for approval as prescribed in this chapter.

• B. When the proceedings are initiated pursuant to this section, the person or persons who requested that the city council initiate the proceedings shall pay a fee as set forth by resolution.

• (Ord. 1749 § 3)

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City of Oroville, CA

SUBDIVISIONS

§ 16.28.040

§ 16.28.060

• A. The zoning administrator shall prepare and present a staff report to the planning commission.

• B. The planning commission shall conduct a hearing; review the petition with the petitioner or zoning administrator, and ensure that the petition complies with the requirements of this chapter. The planning commission shall forward its report to the city council.

• C. A public hearing shall be held before the city council on all reversions to acreage by final subdivision map. Notice of the public hearing shall be given as provided in Section 66451.3 of the Government Code.

• D. The city council may approve a reversion to acreage only if it finds and records in writing that:

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

  2. One or more of the following:

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

     • b. None of the improvements required to be made have been made within 2 years from the date the final subdivision or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or

     • c. No parcels shown on the final subdivision or parcel map have been sold within 5 years from the date the map was filed for record.

• E. The city council may require as conditions of the reversion:

  1. That owners dedicate or offer to dedicate streets or easements.

  2. That the city retain all or a portion of previously paid subdivision fees, deposits or improvement securities if they are necessary to accomplish any of the provisions of this chapter.

• (Ord. 1749 § 3)

Upon filing of a final map for reversion to acreage with the county recorder, fees and deposits shall be returned to the subdivider, and improvement securities shall be released by the zoning administrator as required by Section 16.16.220.

(Ord. 1749 § 3)

• A. After the hearing before the city council and approval of the reversion to acreage, the final subdivision map shall be delivered to the county recorder.

• B. Reversions to acreage shall be effective upon the final subdivision map being filed for

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City of Oroville, CA

OROVILLE CODE

§ 16.28.060

§ 16.28.090

record with the county recorder. Upon filing, all dedications and offers of dedication not shown on the final subdivision map for reversion shall have no further force or effect. (Ord. 1749 § 3)

• A. When previously subdivided property consists of 4 or fewer contiguous parcels under the same ownership, proceedings to revert the property to acreage may be initiated by petition of the owners of the property.

• B. The petition shall be filed with the zoning administrator and shall conform to the rules of the zoning administrator as to form and content. The rules shall require the following to be included in the petition:

  1. Evidence of ownership.

  2. Evidence of nonuse or lack of necessity of any streets or easements to be vacated or abandoned.

  3. A parcel map showing any streets or easements that are to be left in effect. In addition, the parcel map shall contain a certificate, signed and acknowledged by all parties having any record title interest in the property, that the parties consent to the preparation and recordation of the parcel map in accordance with Section 66436 of the Government Code.

• C. The petition shall be subject to a fee established by resolution of the city council. (Ord. 1749 § 3)

• A. The zoning administrator shall prepare and present a staff report to the planning commission.

• B. The planning commission shall conduct a hearing; review the petition with the petitioner; and ensure that the petition complies with the requirements of this chapter. The planning commission shall forward its report to the city council.

• C. A public hearing shall be held before the city council on all reversions to acreage by parcel map. Notice of the public hearing shall be given as provided in Section 66451.3 of the Government Code.

• D. The city council shall approve the petition if it is satisfied that the best interest of the city is served by the reversion.

• (Ord. 1749 § 3)

• A. A certificate of ownership shall be made a part of the final parcel map. Ownership shall be verified by the title company responsible.

• B. The approved parcel map shall be delivered by the zoning administrator for recording to the county recorder. The recording of the parcel map shall constitute a legal reversion to acreage of the land, abandonment of all streets and easements not shown on the parcel map

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City of Oroville, CA

SUBDIVISIONS

§ 16.28.090

§ 16.28.090

and a merger of the separate parcels into one parcel which shall be shown as such on the assessment roll.

• (Ord. 1749 § 3)

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City of Oroville, CA

SUBDIVISIONS

§ 16.32.010

§ 16.32.030