Article VIII — REVERSION TO ACREAGE

SEC. 15-260. IN GENERAL.

Subdivided property may be reverted to acreage pursuant to the Subdivision Map Act and this article. Subdivisions may also be merged and resubdivided without reverting to acreage pursuant to Cal. Gov't Code, Section 66499.20½ and this chapter. Subdivisions of four or fewer contiguous parcels under common ownership may be merged without reverting to acreage pursuant to section 15-267 of this chapter.

(`64 Code, Sec. 27-100) (Ord. No. 2243)

SEC. 15-261. INITIATION OF PROCEEDINGS.

(A) By owners - Proceedings to revert subdivided real property to acreage may be initiated by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the city engineer. The petition shall contain the information required by section 15-262 and any other information required by the city engineer.

(B) By city council - At the request of any person or on its own motion, the city council may by resolution initiate proceedings to revert subdivided real property to acreage. The city council shall direct the city engineer to obtain the necessary information to initiate and conduct the proceedings.

(`64 Code, Sec. 27-101) (Ord. No. 2243)

SEC. 15-262. CONTENTS OF PETITION.

The petition to revert subdivided real property to acreage shall contain, but not be limited to, the following:

(A) Adequate evidence of title to the real property;

(B) Sufficient data to enable the city council to make all of the determinations and findings required by this article; and

(C) A final map which delineates dedications which will not be vacated and dedications which are a condition to reversion. The final map shall be conspicuously marked by the title, “The purpose of this map is a reversion to acreage.”

(`64 Code, Sec. 27-102) (Ord. No. 2243)

SEC. 15-263. REVIEW BY CITY ENGINEER.

(A) The petition for the reversion, together with all other data required by this article, shall be submitted to the city engineer for review.

(B) Upon finding that the petition meets all of the requirements of the Subdivision Map Act and this chapter, the city engineer shall submit the final map, together with a report and recommendation or approval or conditional approval of the reversion to acreage, to the city council for its consideration.

(`64 Code, Sec. 27-103) (Ord. No. 2243)

SEC. 15-264. CITY COUNCIL APPROVAL.

(A) A public hearing shall be held by the city council on all proposed reversions to acreage. Notice of the public hearing shall be given by the city clerk in the time and manner provided in Cal. Gov't Code, Section 60451.3.

(B) The city council may approve a reversion to acreage only if it adopts as resolution containing the following findings:

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

(2) Either:

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

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

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

(`64 Code, Sec. 27-104) (Ord. No. 2243)

SEC. 15-265. CONDITIONS.

As conditions of reversion the city council shall require that:

(A) The owners dedicate or offer to dedicate following reversion such streets, easements and other interests as are necessary for the purposes specified by city ordinances;

(B) The city retain all previously paid fees and all or any portion of improvement securities or deposits necessary to accomplish the purposes of the Subdivision Map Act or this chapter; and

(C) The city council may also require such other conditions as are necessary to accomplish the purposes or provisions of the Subdivision Map Act or this chapter or to protect the public health, safety or welfare.

(`64 Code, Sec. 27-105) (Ord. No. 2243)

SEC. 15-266. FILING OF FINAL MAP.

Upon approval of a reversion to acreage, the city clerk shall transmit the final map, together with the city council resolution approving the reversion, to the county

recorder for recordation. When the final map is filed for record by the county recorder, the reversion shall become effective and all dedications and offers of dedication not shown on the final map shall be of no further force or effect.

(`64 Code, Sec. 27-106) (Ord. No. 2243)

SEC. 15-267. MERGER WITHOUT REVERSION TO ACREAGE OF CONTIGUOUS PARCELS UNDER COMMON OWNERSHIP.

An application by an owner of real property to create one new lot from two or more contiguous, previously existing lots owned by the applicant, by eliminating all common lot lines which separate such lots from each other, may be approved without reverting to acreage, subject to the following conditions:

(A) An application for such merger shall be filed with the development services director in such form and with such information as the director may require.

(B) An application meeting the criteria of this section may be approved on such conditions as are necessary to accomplish the purposes or provisions of the Subdivision Map Act or this chapter or to protect the public health, safety or welfare, as well as any other conditions authorized by this section. The satisfaction of some or all of the conditions imposed may be required as a condition precedent to recordation of an instrument evidencing the merger. The city shall condition a grant in any application that the owner dedicate or offer to dedicate streets, easements and other interests necessary for public purposes and that the city retain all previously paid development fees if necessary to accomplish the purposes of the Subdivision Map Act.

(C) If all lots to be merged were created in compliance with applicable laws and ordinances in effect at the time of the lot’s creation, even if one or more of the lots is nonconforming at the time of application, the application may be approved by the director if the resulting parcel and all structures and parking spaces thereon comply with the general plan, with any applicable specific plan, and with the minimum area, width, frontage and yard requirements of the zone in which the parcel is located.

(D) If any lot to be merged was not created in compliance with applicable laws and ordinances in effect at the time of the lot's creation, the application shall be heard by the commission, which may impose on the granting of the application whatever conditions the commission could impose on the issuance of a conditional certificate of compliance pursuant to Cal. Gov't Code, Section 66499.36 Subdivision (B) with respect to such illegally created lot. If one or more of the lots to be merged is nonconforming at the time of application, the application may be approved if the resulting parcel and all structures and parking spaces thereon comply with the general plan, with any applicable specific plan, and with the minimum area, width, frontage and yard requirements of the zone in which the parcel is located.

(E) No application may be approved if a nonconforming use or structure will be thereby created.

(F) No application which proposes to vacate or abandon any dedication or offer of dedication may be approved unless the commission makes a written finding that such dedication or offer of dedication is unnecessary for present or prospective public purposes.

(G) After an application is approved, merger does not occur until an instrument evidencing the merger is recorded in the official records of the county recorder. The form of the instrument, entitled “Notice of Voluntary Merger,” shall be prescribed by the director and submitted to the city engineer for review prior to recordation.

(`64 Code, Sec. 27-107) (Ord. No. 2243, 3031)