San Clemente Municipal Code Ch. 16.24 Reversion to Acreage

Land which has been previously subdivided for which a final parcel map or final tract map has been recorded, and for which a petition has been filed for reversion to acreage, shall comply with the following:

A. Requirements for Filing. The petition shall be in a form prescribed by the Planning Director and shall contain the following:

1. Adequate evidence of title to the real property within the subdivision;

2. Sufficient data to enable the Planning Commission to make all the determinations and findings required herein;

3. A final parcel map, in the case of a subdivision of four (4) contiguous parcels or less, or a final tract map, in the case of a subdivision of five (5) contiguous parcels or more, which delineates dedications which will not be vacated and dedications which are a condition to reversion;

4. Such other pertinent information as may be deemed necessary by the Planning Director.

B. Planning Commission Procedures.

1. The Planning Commission shall hold a public hearing for the purpose of taking action on each petition filed for reversion to acreage. Notice of such hearing shall be given in the time and manner provided in Section 66451.3 of the Subdivision Map Act.

2. Subdivided real property may be reverted to acreage only if the Planning Commission and City Council determines 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.

b. Either: All owners of an interest in the real property within the subdivision have consented to reversion; or none of the improvements required to be made has been made within two (2) years from the date the final parcel map or final tract map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later.

c. No lots shown on the final parcel map or final tract map have been sold within five (5) years from the date such map was filed for record.

3. At the close of the public hearing the Planning Commission shall recommend to the City Council approval, conditional approval or denial on the petition for the reversion to acreage, giving reasons for the recommendation.

C. City Council Action.

1. As conditions of reversion the Planning Commission may require:

a. Dedications or offers of dedication necessary for present or prospective public purposes following reversion;

b. Retention of all previously paid fees which are necessary for present or prospective public purposes following reversion;

c. Retention of any portion of required improvement security or deposits which are necessary for present or prospective public purposes following reversion.

2. When a reversion to acreage becomes effective, all fees, except filing fees, and deposits shall be returned and all improvement security released, except those retained pursuant to subsections (C)(1)(b) and (c) of this section.

3. Reversion shall be effective upon the final parcel map or final tract map being filed for record by the County Recorder, and thereupon all dedications and offers of dedication not shown thereon shall be of no further force or effect.

D. Information on Reversion Map to be Filed for Record. Upon the title sheet or on the face of each map filed for the purpose of reverting subdivided land to acreage, the subtitle shall consist of the words "A REVERSION TO ACREAGE OF _______ " (inserting a legal description of the land being reverted).

E. Fees and Bonds.

1. The fee for filing a petition for reversion to acreage shall be sixty dollars ($60.00).

2. A tax bond shall not be required in reversion proceedings.

(Prior code § 35-24)