Article 15.04.712 — REVERSIONS TO ACREAGE

The purpose of this article is to establish procedures and standards, consistent with the requirements of the Subdivision Map Act, for the reversion of previously subdivided property to acreage.

Proceedings to revert subdivided property to acreage may be initiated by the City Council or by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the Zoning Administrator and shall contain information deemed necessary to comply with the requirements of the Subdivision Map Act.

The petition shall contain all of the following:

A.

Evidence of title to the real property within the subdivision;

B.

Evidence of the consent of all of the owners with an interest in the property;

C.

Evidence that 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;

D.

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;

E.

A tentative map in the form required by this Ordinance, and, if applicable, a final or parcel map in the form required by this Ordinance, which delineates dedications that 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";

F.

The required fees; and

G.

Any other information the Zoning Administrator may require.

The final or parcel map for the reversion together with all other data as required by this article shall be submitted to the Zoning Administrator for review. Upon finding that the petition meets all the requirements of this Ordinance and the Subdivision Map Act, the Director of Engineering and Capital Improvement Projects 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 City Council for its consideration.

A public hearing shall be held by the City Council on all petitions for initiations for reversions to acreage. Notice of the public hearing shall be given as required by the Zoning Ordinance. The Zoning Administrator may give other notice that he or she deems necessary or advisable.

The City Council may approve a reversion to acreage only if it finds that any outstanding dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes and that:

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 two years from the date the final or parcel map was filed for recording, 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 sold within five years from the date such map was filed for recording.

The City Council shall require as conditions of the reversion that:

A.

The owners dedicate or offer to dedicate streets, public rights-of-way or easements; and

B.

The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities, if necessary to accomplish any of the provisions of this Ordinance.

Upon approval of the reversion to acreage by the City Council, the City Clerk shall transmit the final or parcel map, together with the City Council resolution approving the reversion, to the County Recorder for recordation. Reversions shall be effective when the final or parcel map is filed with the County Recorder.