San Leandro Municipal Code Art. 10 Reversions to Acreage

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

Proceedings to revert subdivided property to acreage may 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 Engineer. The petition shall contain the information required by Section 7-1-1015 and such other information as required by the City Engineer.

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 Engineer to obtain the necessary information to initiate and conduct the proceedings.

Petitioners shall file the following:

(a) Evidence of title to the real property; and

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

(c) 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

(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 prescribed by Section 7-1-305 or this Chapter.

(f) A final or parcel map in the form prescribed by Section 7-1-400 or Section 7-1-505 of this Chapter which delineates dedications which will not be vacated and dedications required as a condition to reversion.

(g) A fee and/or deposit in the amount established by resolution of the City Council shall be paid in accordance with said resolution.

The final map 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 or her review.

Upon finding that the petition meets with all the requirements of this Article and the Map Act, the City Engineer shall submit the final map or parcel map, together with his or her 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 initiation of proceedings for reversions to acreage. Notice of the public hearing shall be given as provided in Section 66451.3 of the Government Code. The City Engineer may give such other notice that he or she deems necessary or advisable. The City Council may approve a reversion to acreage only if it finds and records in writing 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 reversions; or

(2) 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

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

The City Council may require as conditions of the reversion:

(a) 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.

After the hearing before the City Council and approval of the reversion, the final or parcel map shall be delivered to the County Recorder.