San Pablo Municipal Code Ch. 16.28 Reversion to Acreage

The purpose of this chapter is to specify the procedures by which and conditions under which subdivided property may be reverted to acreage.

(Ord. 05-002 § 1 (part), 2005)

Proceedings to revert subdivided property to acreage may be initiated by petition of all the owners of record of the property. The petition shall be in a form prescribed by the planning division and shall contain the information required by this chapter.

(Ord. 05-002 § 1 (part), 2005)

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

(Ord. 05-002 § 1 (part), 2005)

Either a parcel map or a final map shall be used for reversion to acreage. Both mapping procedures shall be subject to the provisions of this chapter.

A. Four or fewer parcels. A parcel map shall be the document used for reverting to acreage land previously subdivided and consisting of four or fewer contiguous parcels under the same ownership.

B. Five or more parcels. A final map shall be the document used for reverting to acreage all other previously approved subdivisions not described in subsection A of this section.

(Ord. 05-002 § 1 (part), 2005)

Petitioners shall file the following when a final map is required for reversion to acreage:

A. Tentative map. A tentative map in the form prescribed by Chapter 16.04;

B. Evidence of title. Evidence of title to the real property;

C. Evidence of consent. Evidence that all owners of the property consent to the reversion;

D. Evidence of nonuse. Evidence of the nonuse or lack of necessity of any roads, streets or easements that are to be vacated or abandoned;

E. Delineation of features. The delineation of all roads, streets, or easements to be left unaffected after the reversion, with appropriate notations;

F. Evidence on improvements. Evidence that required improvements have not 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;

G. Evidence of sales. Evidence of all sales of lots or parcels shown on the final or parcel map that have been made within five years from the date such final or parcel map was filed for record;

H. Final map. A final map in the form prescribed by Chapter 16.08, which delineates dedications that will not be vacated and dedications required as a condition to reversion;

I. Other information. Such other information as is required by the planning manager.

(Ord. 05-002 § 1 (part), 2005)

Petitioners shall file the following when a parcel map is required for reversion to acreage:

A. Tentative map. A tentative map in the form prescribed by Chapter 16.04, showing the merger of the four or fewer parcels into one parcel;

B. Evidence of title. Evidence of title to the real property under one ownership;

C. Evidence of consent. Evidence that all owners of the property consent to the reversion;

D. Evidence of nonuse. Evidence of nonuse or lack of necessity of any roads, streets, and easements that are to be vacated or abandoned;

E. Delineation of features. Clear delineation and notation on the parcel map of all roads, streets and easements to be left unaffected after the reversion;

F. Evidence on improvements. Evidence that no required improvements 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;

G. Evidence of sales. Evidence of all sales of lots or parcels shown on the final or parcel map that have been made within five years from the date such final or parcel map was filed for record;

H. Parcel map. A parcel map in the form prescribed by Chapter 16.10, which delineates dedications that will not be vacated and dedications required as a condition to reversion;

I. Other information. Such other information as is required by the planning manager.

(Ord. 05-002 § 1 (part), 2005)

Petitions to revert property to acreage shall be accompanied by a fee as established by the city council. This fee is not refundable.

(Ord. 05-002 § 1 (part), 2005)

A reversion to acreage application shall be reviewed by the planning commission. Notice and hearing procedures shall be as provided in this section.

A. Notice. Notice shall be given as required by Section 66451.3 of the Government Code.

B. Planning commission recommends approval. In the event the planning commission recommends that the reversion to acreage be approved, the city council shall hold a public hearing to consider the planning commission’s recommendation.

C. Planning commission denial. In the event the planning commission denies a reversion to acreage application, that action is final unless appealed to the city council.

(Ord. 05-002 § 1 (part), 2005)

The city council may approve a reversion to acreage only if it finds and records in writing that dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes, based upon the policies and designations in the general plan, and either:

A. Consent. That all owners of an interest in the real property within the subdivision have consented to reversion;

B. Lack of improvements. 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; or

C. Recordation. That no lots shown on the final or parcel map have been sold within five years from the date such map was filed for record.

(Ord. 05-002 § 1 (part), 2005)

The city council shall require as conditions of the reversion:

A. Dedications. That the owners dedicate or offer to dedicate streets, public rights-of-way or easements;

B. Retentions. 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;

C. Other. Such other conditions as are necessary to accomplish the purposes of this title or are necessary to protect the public health, safety or welfare.

(Ord. 05-002 § 1 (part), 2005)

Except as provided in Section 16.28.100, upon filing of the parcel map or 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 council.

(Ord. 05-002 § 1 (part), 2005)

After the city council approval of the reversion, the parcel map or final map shall be delivered to the county recorder.

(Ord. 05-002 § 1 (part), 2005)

Reversion shall be effective upon the filing of the parcel map or final map for record by the county recorder. Upon filing, all dedications and offers of dedication not shown on the parcel map or final map for reversion shall be of no further force or effect and shall be shown as such on the assessment roll.

(Ord. 05-002 § 1 (part), 2005)