Sebastopol Municipal Code Ch. 16.48 Modifications and Revisions of Subdivision Maps

A. A recorded final or parcel map may be amended to correct technical errors or omissions as set forth in Government Code Section 66469 upon submittal of an application for same together with the application fee. The City Engineer shall have the responsibility to examine the amending map or certificate of correction and make the required certification.

B. Upon application in writing, modifications regarding notes, conditions, etc., on a recorded final or parcel map may be made in accordance with the requirements of Section 66472.1 in the same manner and by the same body as required for the original subdivision approval, if the following findings are made:

1. That there are changes in circumstances or the availability of new information which make any or all of the conditions of such map no longer appropriate or necessary;

2. That the modifications do not impose any additional burden on the present fee owner of the property;

3. That the modifications do not alter any right, title or interest in the real property reflected on the recorded map; and

4. That the map as modified conforms to all the provisions of the State Subdivision Map Act and local implementing ordinances.

C. An approved modification shall be reflected by a certificate of correction or amending map as approved by the City Engineer which shall be filed with the County Recorder. Upon such filing, the County Recorder shall index the names of the fee owners and the appropriate subdivision designation shown on the amending map or certificate of correction in the general index and map index, respectively. Thereupon, the original map shall be deemed to have been conclusively so corrected, and thereafter shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map.

Subdivided land may be reverted to acreage in accordance with the provisions of Government Code Section 66499.11 et seq. In addition, a parcel map may be filed pursuant to Government Code Sections 66499.20.1 through 66499.20.3 to revert to acreage land previously subdivided and consisting of four or fewer contiguous parcels under the same ownership.

A. 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 subsection C of this section and any other information as required by the City Engineer.

B. 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.

C. The petition shall contain, but not be limited to, the following:

1. Evidence of title to the real property.

2. Either:

a. Evidence of the consent of all of the owners of an interest in the property; or

b. Evidence 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. 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.

3. A final or parcel map which delineates dedications which will not be vacated and dedications required as a condition to reversion. Final or parcel maps shall be conspicuously designated with the title, “The Purpose of This Map is a Reversion to Acreage.”

4. Fees and/or deposits as may be required.

D. The City Council may require as conditions of the reversion:

1. The owners dedicate or offer to dedicate streets, public rights-of-way or easements.

2. 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 purposes or provisions of the State Subdivision Map Act or this chapter.

3. Such other conditions of reversion as are necessary to accomplish the purposes or provisions of the State Subdivision Map Act or this chapter or necessary to protect the public health, safety or welfare.

Previously subdivided lands may be merged and resubdivided without reverting to acreage pursuant to Government Code Sections 66499.20.1 and 66499.20.2 through compliance with all of the applicable requirements for the subdivision of land. The filing of the final map or parcel map with the Office of the County Recorder shall constitute legal merger and resubdivision of such parcel, and shall constitute abandonment of all streets and easements not shown on the map.

Upon request of the legal owner of contiguous parcels, the Environmental Review Committee may approve the merger of the property without reverting to acreage. Any such request shall be in writing, signed by all owners and accompanied by an executed Assessor’s combining agreement and such other data, documents or maps and fees as may be required by the Environmental Review Committee to illustrate or legally describe the proposed configuration, dedications, etc. In approving the combination of parcels, the Environmental Review Committee may impose reasonable conditions. The Environmental Review Committee’s decision shall be final unless appealed to the Planning Commission. The procedure for approval, appeals, and notice of lot line adjustments, set forth in SMC 16.12.020, shall be followed for voluntary mergers. Upon approval, the Environmental Review Committee shall file a notice of merger with the County Recorder.