Sierra County Municipal Code Ch. 23.22 Reversions to Acreage

Subdivided property may be reverted to acreage pursuant to the provisions of the Subdivision Map Act and this section.

Subdivisions may also be merged and resubdivided without reverting to acreage pursuant to Cal. Gov’t. Code § 66499.20-1/2 of the Subdivision Map Act and this section. (Formerly 23.22.001)

A. By Owners. 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 Planning Department. The petition shall contain the information required by SCC 23.22.030 and any other information as required by the Planning Department.

B. By Board of Supervisors. The Board of Supervisors, at the request of any person or on its own motion may, by resolution, initiate proceedings to revert property to acreage. The Board of Supervisors shall direct the department to obtain the necessary information to initiate and conduct the proceedings. (Formerly 23.22.002)

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

A. Evidence of title to the real property;

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

C. 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;

D. 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;

E. A final or parcel map in the form, and with the contents, prescribed by Chapter 23.07 SCC or Chapter 23.10 SCC, as the case may be, 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.” (Formerly 23.22.003)

The final or parcel map for the reversion, together with all other data as required by this section, shall be submitted to the Department of Public Works for review.

Upon finding that the petition meets with all the requirements of the Subdivision Map Act or this section, the Department of Public Works shall submit the final or parcel map, together with a report and recommendations of approval or conditional approval of the reversion to acreage, to the Board of Supervisors for its consideration. (Formerly 23.22.004)

A public hearing shall be held by the Board of Supervisors on all proposed reversions to acreage. Notice of the public hearing shall be given by the Clerk of the Board of Supervisors as provided in SCC 20.05.110.

The Board of Supervisors may approve a reversion to acreage only if it finds and records by resolution 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 or parcel map was filed for record, or within the time allowed by agreement for completion of the 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.

The Board of Supervisors may require as conditions of the reversion:

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

D. 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 Subdivision Map Act or this title;

E. Such other conditions of reversion as are necessary to accomplish the purposes or provisions of the Subdivision Map Act or this title or necessary to protect the public health, safety or welfare. (Formerly 23.22.005)

Upon approval of the reversion to acreage, the County Clerk shall transmit the final or parcel map, together with the Board of Supervisors resolution approving the reversion, to the County Recorder for recordation. Reversion shall be effective upon the final map being filed for record by the County Recorder. Upon filing, all dedications and offers of dedication not shown on the final or parcel map for reversion shall be of no further force and effect. (Formerly 23.22.006)