Chapter 19.20

REVERSION TO ACREAGE

Sections:

• 19.20.020 Petition - Information required - Filing - Fee.

19.20.030 Hearing and findings required.

• 19.20.040 Conditions required by city council.

Proceedings for reversion to acreage may be initiated by the city council on its own motion or by petition of all of the owners of record of the real property within the subdivision. (Prior code § 9235.)

• A. The petition for a reversion to acreage shall be filed with the director and be in a form prescribed by the director, and shall contain the following:

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

  2. Sufficient data to enable the city council to make all of the determinations and findings required by Sections 19.20.030 and 19.20.040;

  3. A final map which delineates dedications which will not be vacated and dedications which are a condition to reversion; and

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SAN JOSÉ CODE

§ 19.20.020

4. Such other pertinent information as may be required by the director.

• B. A fee as set forth in the schedule of fees established by resolution of council to reimburse the city for costs incurred in processing such reversion to acreage, shall be paid to the City of San José by the owners at the time of filing the petition for reversion to acreage; or, if the proceedings for reversion to acreage are initiated by the city council on its own motion, shall be paid by the person or persons requesting the city council to proceed pursuant to Section 19.20.010 before such initiation of proceedings.

(Prior code § 9235.1; Ord. 21298.)

• A. A public hearing shall be held on the proposed reversion to acreage. Notice thereof shall be given in the time and manner provided in Sections 66451.3 and 66451.4 of the Subdivision Map Act.

(Prior code § 9235.2; Ord. 22126.)

As conditions of reversion, the city council shall require:

• A. Dedications or offers of dedication for necessary public streets, highways, ways or easements;

• B. Retention of all previously paid fees if necessary to accomplish the purposes of the Subdivision Map Act or this title;

• C. Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of the Subdivision Map Act or this title.

(Prior code § 9235.3.)

Reversion shall be effective upon the final 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. When a reversion is effective all fees and

deposits shall be returned and all improvement security released, except those retained pursuant to Section 19.20.040. A tax bond shall not be required in reversion proceedings. (Prior code § 9235.4.)

A parcel map may be filed under the provisions of this chapter for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership. Any map so submitted shall be accompanied by evidence of title and nonuse or lack of necessity of any streets or easements which are to be vacated or abandoned. Any streets or easements to be left in effect after the reversion shall be adequately delineated on the map. After approval of the reversion by the city engineer, the map shall be delivered to the county recorder. The filing of the map shall constitute legal reversion to acreage of the land affected thereby, and shall also constitute abandonment of all streets and easements not shown on the map. The filing of the map shall also constitute a merger of the separate parcels into one parcel for purposes of this chapter and shall thereafter be shown as such as the assessment roll subject to the provisions of Section 66445. Except as provided in subdivision (f) of Section 66445, on any parcel map used for reverting to acreage, a certificate shall appear signed and acknowledged by all parties having any record title interest in the land being reverted consenting to the preparation and filing of the parcel map. (Ord. 22126.)