Chapter 18.40 — REVERSION TO ACREAGE

Subdivided property may be reverted to acreage pursuant to the provisions of this title.

(Code 1972, § 18.40.010; Ord. No. 543, § 1(part), 1981)

Proceedings to revert subdivided property to acreage 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 council and shall contain the information required by section 18.40.040 and such other information as required by the city council.

(Code 1972, § 18.40.020; Ord. No. 543, § 1(part), 1981)

The city council, at the request of any person or on its own motion, may by resolution initiate proceedings to revert property to acreage. The city council shall direct the city manager to obtain the necessary information to initiate and conduct the proceedings.

(Code 1972, § 18.40.030; Ord. No. 543, § 1(part), 1981)

Petitioners shall file the following:

(1)

Evidence of title to the real property; and

(2)

Evidence of the consent of all the owners of interest in the property; or

(3)

Evidence that 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 later; or

(4)

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

(5)

A tentative map in the form prescribed by the Subdivision Map Act and this title, together with required fees; or

(6)

A final map in the form prescribed by the Subdivision Map Act and this title with the required fees which delineates dedication which will not be vacated and dedications required as a condition to reversion.

(Code 1972, § 18.40.040; Ord. No. 543, § 1(part), 1981)

(a)

A public hearing shall be held before the city council on all petitions for initiations for reversions to acreage. Notice of the public hearing shall be given as provided in section 66451.3 of the Government Code. The city council may give such other notice that it deems necessary or advisable.

(b)

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 of 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 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 lots shown on the final or parcel map were filed for record;

(3)

The city council may require as conditions of the reversion:

a.

The owners dedicate or offer to dedicate streets or easements necessary for present or prospective public purposes;

b.

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 title.

(Code 1972, § 18.40.050; Ord. No. 543, § 1(part), 1981)

Except as provided in section 18.40.050, 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 clerk.

(Code 1972, § 18.40.060; Ord. No. 543, § 1(part), 1981)

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

(Code 1972, § 18.40.070; Ord. No. 543, § 1(part), 1981)

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 for reversion shall be of no further force and effect.

(Code 1972, § 18.40.080; Ord. No. 543, § 1(part), 1981)