Article 14-70

REVERSION TO ACREAGE

Sections:

Proceedings for reversion to acreage may be initiated by the City Council on its own motion or by the petition of all of the owners of record of the real property within the subdivision.

(Ord. No. 398, § 1(Att.), 12-20-2023)

(a) The petition shall be filed with the Community Development Director on such form as the Director may prescribe and shall contain or be accompanied by the following information:

(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 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 Community Development Director or the City Council.

(b) The petition shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council, together with a deposit for the cost of noticing the public hearing required under Section 14-70.030 of this Article.

(Ord. No. 398, § 1(Att.), 12-20-2023)

A public hearing shall be conducted by the City Council on the proposed reversion to acreage. Notice thereof shall be given in the manner prescribed in Section 14-20.060 of this Chapter.

(Ord. No. 398, § 1(Att.), 12-20-2023)

Subdivided real property may be reverted to acreage only if the City Council 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 the reversion; or

(2) None of the subdivision or site 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 such 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.

(Ord. No. 398, § 1(Att.), 12-20-2023)

As conditions of reversion, the City Council shall require:

(a) Dedications or offers of dedication necessary for the purposes of existing or proposed streets, emergency access routes, utility installations, scenic or open space easements, pedestrian and equestrian pathways or trails and the preservation of any offers of dedication as shown on the original final or parcel map which have not yet been accepted by the City.

(b) Retention of all previously paid fees.

(c) Retention of all required improvement security unless, as part of the reversion to acreage, the City Council determines that any portion or all of the work secured thereby is no longer necessary, in which event the security may be reduced to an amount equal to the estimated cost of performing the remaining work, if any, described in the improvement agreement. (Ord. No. 398, § 1(Att.), 12-20-2023)

(Saratoga Supp. No. 53, 4-24)

274.5

14-70.060

(a) A parcel map showing all of the land being reverted to acreage shall be approved by the City Council and filed for record in the office of the County Recorder. All of the provisions of Article 14-40 of this Chapter pertaining to the form, content, review, certification, approval, and recordation of final maps shall be applicable to such parcel map. Any streets or easements to be left in effect after the revision, and any new dedications required pursuant to subsection 1470.050(a), shall be delineated on the parcel map.

(b) The filing of a parcel 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 such 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 on the assessment roll of the County.

shall also constitute abandonment of all streets, easements, dedications and offers of dedication not shown on the map, provided that a written notation of each abandonment is listed by reference to the recording data creating these public streets or public easements, and certified to on the map by the clerk of the legislative body or the designee of the legislative body approving the map. If no resubdivision is requested, merger of contiguous parcels under common ownership is authorized without reverting to acreage, subject to such terms, covenants, conditions or provisions as the City Council, the City Engineer or the Community Development Director may deem necessary or appropriate and the recordation of an instrument evidencing the merger, which may include a deed of merger. (Ord. No. 398, § 1(Att.), 12-20-2023)

(Ord. No. 398, § 1(Att.), 12-20-2023)

A reversion to acreage pursuant to this Article shall be effective upon the final parcel map, as required under Section 14-70.060, being filed for record in the office of the County Recorder. Thereupon, all prior dedications and offers of dedication not shown on such map shall be of no further force or effect. (Ord. No. 398, § 1(Att.), 12-20-2023)

Subdivided lands may be merged and resubdivided without reverting to acreage by complying with all applicable requirements as set forth in this Chapter and the Map Act. The filing of a final map or parcel map pursuant to this Chapter 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 on the assessment roll of the County with the new lot or parcel boundaries. 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 public streets or public easements to be left in effect after the resubdivision shall be adequately delineated on the map. The filing of the map shall constitute legal merger and resubdivision of the land affected thereby, and

274.6

(Saratoga Supp. No. 53, 4-24)

14-75.030