Pacifica Municipal Code Art. 11 Reversions to Acreage

Subdivided property may be reverted to acreage pursuant to the provisions of this article and the Subdivision Map Act. This article shall apply to final and parcel maps.

Subdivisions may also be merged and resubdivided without reverting to acreage pursuant to Section 66499.20 ½ of the Subdivision Map Act and this chapter.

(§ 7, Ord. 456.85, eff. December 25, 1985)

(a) By the owners. Proceedings to revert subdivided property to acreage may be initiated by a 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 10-1.1103 of this article and any other information required by the City Engineer.

(b) By the Council. The Council, at the request of any person or on its own motion, by resolution, may initiate proceedings to revert property to acreage. The Council shall direct the City Engineer to obtain the necessary information to initiate and conduct the proceedings.

(§ 7, Ord. 456-85, eff. December 25, 1985)

The petition shall contain, but not be limited to, the following:

(a) Evidence of title to the real property:

(b) Evidence of the consent of all of the owners of an interest in the property;

(e) Evidence that none of the improvements required to be made has been made within two (2) years after the date the final or parcel map was filed for record, or within the time allowed by an agreement for the completion of the improvements. whichever is later;

(d) Evidence that no lots shown on the final or parcel map have been sold within five (5) years after the date such final or parcel map was filed for record;

(e) A tentative map in the form prescribed by Section 10-1.402 of Article 4 of this chapter; and

(f) A final or parcel map in the form prescribed by Section 10-1.504 of Article 5 of this chapter which delineates dedications which will not be vacated and dedications required as a condition to reversion. Final or parcel maps shall be conspicuously designated with the title, "The Purpose of this Map is a Reversion to Acreage."

(§ 7, Ord. 456-85, eff. December 25, 1985)

The final or parcel map for the reversion, together with all other data as required by this article, shall be submitted to the City Engineer for his review.

Upon finding that the petition meets with all the requirements of this chapter and the Subdivision Map Act, the City Engineer shall submit the final or parcel map, together with a report and recommendations of approval or conditional approval of the reversion to acreage, to the Council for consideration.

(§ 7, Ord. 456-85, eff. December 25, 1985)

A public hearing shall be held by the Council on all petitions for initiations for reversions to acreage. Notice of the public hearing shall be given as provided in Section 10-1.407 of Article 4 of this chapter. The City Engineer may give other notice as is necessary or advisable.

The Council may approve a reversion to acreage only if the Council finds and records by resolution 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 reversion; or

(2) None of the improvements required to be made has been made within two (2) years after the date the final or parcel map was filed for record, or within the time allowed by an agreement for the completion of the improvements, whichever is later; or

(3) No lots shown on the final or parcel map were filed for record.

The Council may require as conditions of the reversion:

(a) That the owners dedicate or offer to dedicate streets, public rights-of-way, or easements;

(b) The retention of all or a portion of previously paid subdivision fees, deposits, or improvement securities if the same are necessary to accomplish any of the provisions of this chapter; and

(c) Such other conditions of reversion as are necessary to accomplish the purposes of this chapter or to protect the public health, safety, and welfare.

(§ 7, Ord. 456-85, eff. December 25, 1985)

Upon approving the reversion to acreage, the City Engineer shall transniit the final map or parcel map, together with the Council resolution approving the reversion, to the County Recorder for recordation. The reversion shall be effective upon the final map being filed for record by the County Recorder. Upon filing, all dedications and offers of dedication not shown on the final map or parcel map for reversion shall be of no further force and effect.

(§ 7, Ord. 456-85, eff. December 25, 1985)