Sonoma Municipal Code Ch. 16.09 Reversions to Acreage

This chapter provides procedures for the filing, processing, and approval or denial of reversions to acreage, in compliance with Map Act Section 66499.11 et seq. (Ord. 06-2022 § 1, 2022).

Subdivided property may be reverted to acreage in compliance with this chapter and the Map Act. (Ord. 06-2022 § 1, 2022).

A reversion to acreage may be initiated by the property owner or the council in compliance with this section.

A. Initiation by Owners. Proceedings to revert subdivided property to acreage may be initiated by the filing of an application by all of the record owners of the property. The application shall be in a form prescribed by the city engineer, and shall contain the information required by subsection (C) of this section and any other information as required by the city engineer.

B. Initiation by Council. The city council may, by resolution, initiate proceedings to revert property to acreage at the request of any person or on its own motion. The council shall direct the city engineer to obtain the necessary information to initiate and conduct the proceedings.

C. Application Requirements. An application for reversion to acreage submitted by the property owners shall include the application forms and all information and materials required by the department, the required filing fee, and the following additional information:

1. Evidence of title to the real property; and

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

3. 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 an agreement for completion of the improvements, whichever is later; or

4. Evidence that no lots shown on the final or parcel map have been sold within five years from the date the final or parcel map was filed for record;

5. A tentative map in the form prescribed by SMC 16.04.030;

6. A final or parcel map in the form prescribed by SMC 16.05.080 and 16.05.040, respectively, which delineates dedications which will not be vacated and dedications required as a condition of reversion. The final or parcel map shall be conspicuously designated with the title, “The Purpose of This Map is a Reversion to Acreage.” (Ord. 06-2022 § 1, 2022).

A. Submittal to City Engineer. The final or parcel map for the reversion together with all other required application materials shall be submitted to the city engineer for review.

B. Recommendation to Council. Upon finding that the proposed reversion meets with all the requirements of the development code and the Map Act, the city engineer 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 council for their consideration. (Ord. 06-2022 § 1, 2022).

A. Notice and Hearing. The council shall hold a public hearing on an application for reversion to acreage after providing notice in compliance with Chapter 19.88 SMC, Public Hearings.

B. Findings for Approval. The council may approve a reversion to acreage only if it finds and records by resolution that dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and 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 the final or parcel map was filed for record.

C. Conditions of Approval. The council may require as condition of the reversion:

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

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 provisions of the development code.

D. Completion of Process. Upon approving the reversion to acreage, the city engineer will transmit the final or parcel map, together with the council resolution approving the reversion, to the county recorder for recordation. Reversion shall be effective upon the 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. (Ord. 06-2022 § 1, 2022).