§ 15.13

Subdivided property that is depicted on a recorded final map or parcel map may be reverted to acreage (one parcel) pursuant to the provisions of this chapter and the Subdivision Map Act. An application to revert subdivided property to acreage can be initiated by either the property owner of record or by the city.

(Ord. 1787 § 1 (part), 2002).

15.13.020 - Initiation by property owner of record.

A reversion to acreage can be initiated by the property owner of record consistent with the petition requirements, set forth in this section. The contents of the petition shall include the following:

(a)

One copy of the currently issued title report of the real property;

(b)

Evidence of the consent of all of the owners of an interest in the property proposed for reversion;

(c)

One print of the approved tentative map or vesting tentative map;

(d)

A final map or parcel map, which delineates previously offered and accepted dedications which will not be vacated and dedications required as a condition to reversion. The map title shall include the words: "The Purpose of this Map is a Reversion to Acreage"; and

(e)

A filing fee, as required by the city for the processing and plan check costs necessary to complete and record the reversion to acreage.

(Ord. 1787 § 1 (part), 2002).

A reversion to acreage can be initiated by the city council at the request of any person, or on its own motion by resolution. Upon adoption of a resolution to initiate proceedings, the city council shall direct the city engineer to obtain the necessary documents to conduct the proceedings and to file a notice of intent to revert to acreage with the Marin County recorder's office. The notice of intent to revert to acreage shall be filed with the Marin County recorder's office within ten (10) days of the city council's action to initiate the reversion process.

(Ord. 1787 § 1 (part), 2002).

The city engineer shall review the petition filed by the property owner of record and/or all of the documents and materials necessary to complete the reversion to acreage. Upon finding that the documents and materials are complete and correct consistent with the provisions of this chapter and the Subdivision Map Act, the city engineer shall schedule the reversion to acreage for city council consideration.

(Ord. 1787 § 1 (part), 2002).

Review and action on a reversion to acreage by the city council shall be subject to the following:

(a)

Public Hearing Required. The city council shall hold a public hearing on the proposed reversion to acreage. The public hearing shall be noticed ten (10) calendar days prior to the date of the hearing by publication in the local newspaper and to property owners within three hundred feet (300') of the subject property.

(b)

Findings Required. The city council must make the following findings when taking action on a reversion to acreage:

(1)

All dedications or offers of dedications to be vacated or abandoned by the reversion action are deemed unnecessary for present or prospective public purposes; and

(2)

Either: (a) all of the owners of an interest in the subject property have consented to the reversion; (b) none of the improvements that were required to be made have been made within two (2) years from the date the final map or parcel map was recorded or within the time frame allowed by agreement, whichever is greater; or (c) no lots on the final map or parcel map have been sold within five (5) years from the date such map was recorded.

(c)

Imposing Conditions. The city council may impose the following conditions of the reversion action:

(1)

Dedications or offers of dedication deemed necessary for the public interest or as required by the San Rafael general plan or pertinent specific plan; and

(2)

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

(d)

Action by Resolution. The city council shall adopt a resolution confirming its action to approve, conditionally approve or deny the reversion to acreage.

(Ord. 1787 § 1 (part), 2002).

Upon city council approval of the reversion to acreage, the city engineer shall transmit the final map or parcel map, together with the city council resolution approving or conditionally approving the Reversion to Acreage to the Marin County recorder's office for recordation. The reversion shall be effective upon the final map or parcel map being filed for record with the recorder's office. Upon filing, all dedications and offers of dedications not shown on the final map or parcel map for reversion shall be of no further force or effect.

(Ord. 1787 § 1 (part), 2002).

Chapter 15.14 - CERTIFICATES OF COMPLIANCE