Santa Clara County Municipal Code Part 1 Reversion to Acreage

(a) Subdivided real property may be reverted to acreage pursuant to the provisions of this part. Proceedings for reversion to acreage may be initiated by the Board on its own motion or by petition of all of the owners of record of the real property within the subdivision.

(b) The petition shall be in a form prescribed by the County and shall contain the following:

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

(2) Sufficient data to enable the Board to make all of the determinations and findings required by this article.

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

(4) Such other pertinent information as may be required by the County.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Subdivided real property may be reverted to acreage only if the Board finds 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 reversion; or

(2) 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 the later; or

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

(Ord. No. NS-1203.35, § 4, 3-13-78)

As conditions of reversion, the Board shall require:

(a) Dedications or offers of dedication necessary for the purposes specified by this chapter following reversion.

(b) Retention of all previously paid fees if necessary to accomplish the purposes of this chapter.

(c) Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this chapter.

(Ord. No. NS-1203.35, § 4, 3-13-78)

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.

(Ord. No. NS-1203.35, § 4, 3-13-78)

When a reversion is effective, all fees and deposits shall be returned and all improvement security released, except those retained pursuant to this chapter.

(Ord. No. NS-1203.35, § 4, 3-13-78)

A tax bond shall not be required in reversion proceedings.

(Ord. No. NS-1203.35, § 4, 3-13-78)

A parcel map may be filed under the provisions of this article 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 Board of Supervisors, 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 article, and shall thereafter be shown as such on the assessment roll subject to the provisions of this chapter.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.46, § 2, 8-13-79)

Subdivided lands may be merged and resubdivided without reverting to acreage by complying with all the applicable requirements of the subdivision of land as provided by this chapter. The filing of the final map or parcel map shall constitute legal merging of the separate parcels into one parcel and the resubdivision of such parcel, and the real property shall thereafter be shown with the new lot or parcel boundaries on the assessment roll. Any unused fees or deposits previously made pursuant to this chapter, pertaining to the property, shall be credited pro rata towards any requirements for the same purposes which are applicable at the time of resubdivision. Any streets or easements to be left in effect after the resubdivision shall be adequately delineated on the map. After approval of the merger and resubdivision by the Board of Supervisors, the map shall be delivered to the County Recorder. The filing of the map shall constitute legal merger and resubdivision of the land affected thereby, and shall also constitute abandonment of all streets and easements not shown on the map.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.45, § 15, 7-2-79)

(a) Intent. It is the intent of this section to provide a simplified procedure for owner-initiated merger of contiguous parcels in common ownership. The procedure set forth in this section shall not apply when an entire subdivision is being reverted to acreage. This procedure cannot modify or eliminate improvements required as a condition of a subdivision approval. Any voluntary merger that does not satisfy all the requirements of this section can be processed by a reversion to acreage or other appropriate procedure as determined by the Planning Office.

(b) Requirements. The requirements of a voluntary merger pursuant to this section shall be limited to the following:

(1) The parcels to be merged shall be existing legal lots that are contiguous to one another and are under common ownership.

(2) Except as hereinafter provided, a parcel map shall be required and shall be recorded on approval of the merger. The Planning Office shall have the authority to allow the recording of a "Certificate of Lot Merger," in an acceptable form, in lieu of a parcel map.

(3) No building permit shall be issued for any addition to, rebuild or repair of any building or structure that crosses a property line until a lot merger (or lot line adjustment, if applicable) has been completed. Projects limited to interior remodel, electrical, plumbing or mechanical, or combinations thereof, shall be exempt from this requirement. In addition, required ancillary improvements (new or existing) serving the building or structure, including septic systems and required parking facilities, must be entirely on the same lot as the dwelling for such building permit to be issued.

(c) Procedure. The applicant shall submit to the Planning Office a completed application form, the required processing fee as determined by resolution of the Board of Supervisors, a tentative map, and any other information deemed necessary in order to process the application.

The Planning Office shall determine whether the application complies with the requirements of this section and shall grant or deny the application. Any person dissatisfied with the decision of the Planning Office may appeal to the Board of Supervisors within 15 calendar days after the decision of the Planning Office.

Appeals shall be filed at the Planning Office and shall include a nonrefundable filing, fee in an amount prescribed by the Board of Supervisors. The Board shall hear the matter de novo and approve, disapprove or modify the decision of the Planning Office. The decision of the Board of Supervisors upon such appeal shall be final.

(d) Duration of approval. Approval of a merger shall be valid for a period of one year from the date approval is given. During this period any and all conditions of approval shall be fulfilled and the deed and parcel map shall be recorded. Such period may be extended by approval of the Planning Office for up to an additional one year. Requests for an extension of time shall be accompanied by a fee in an amount prescribed by the Board of Supervisors.

(Ord. No. NS-1203.84, § 1, 7-14-87; Ord. No. NS-1203.100, § 1, 5-15-90; Ord. No. NS-1200.318, § 27, 3-28-06; Ord. No. NS-1203.124, § 40, 12-13-16)

Editor's note— The form referred to in Subsection (b)(2) is not printed herein but is on file with Ord. No. NS-1203.100.