Chapter 18.28 — REVERSION TO ACREAGE

Proceedings for reversion to acreage may be initiated

(a) By the city council on its own motion, or

(b) By petition of all the owners of record of the real property within the subdivision. (Ord. 2194-86 § 1)

A petition for reversion to acreage shall be in a form prescribed by the director of public works and shall contain the following:

(a) A preliminary title report indicating the title to the real property within the subdivision both at the time of approval of the final subdivision map and the time of initiation of proceedings for reversion to acreage;

(b) A certificate executed by the director of public works stating that dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes;

(c) One of the following:

(1) A notarized affidavit or declaration under penalty of perjury executed by all owners of an interest in the real property within the subdivision in which such owners state that they have consented to reversion; or

(2) A certificate executed by the director of public works stating that none of the improvements required to 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 the later.

(d) A final map which delineates dedications which will not be vacated and dedications which are a condition to reversion. (Ord. 2194-86 § 1)

The city council shall not take any action on either a petition for reversion to acreage or in proceedings for reversion to acreage initiated by the city council unless, in the case of a petition, the owners of the real property shall have paid any processing fee for reversion to acreage established by the city council at the time of filing of the petition. (Ord. 2194-86 § 1)

A public hearing shall be held on the proposed reversion to acreage by the city council. Notice thereof shall be given in the time and manner provided in subsection (b)(1) of Section 18.20.070. (Ord. 2194-86 § 1)

The city council shall approve a reversion to acreage only if it makes the following findings:

(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.

(Ord. 2194-86 § 1)

As conditions of reversion the city council shall require the following:

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

(b) Retention of all previously paid fees if necessary to accomplish the purpose of the "Subdivision Map Act" or of this title.

(c) Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of the "Subdivision Map Act" or of this title. (Ord. 2194-86 § 1)

When a reversion is effective, all fees and deposits shall be returned and all improvement security released, except those retained pursuant to Section 18.28.060. (Ord. 2194-86 § 1)

(a) Where land previously subdivided consists of four or less contiguous parcels under the same ownership, a parcel map may be filed for the purpose of reverting such land to acreage.

(b) 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.

(c) After approval of the reversion by the planning commission the map shall be delivered to the county recorder.

(d) The filing of the map shall constitute legal reversion to acreage of the land affected thereby,

shall also constitute abandonment of all streets and easements not shown on the map, and shall constitute a merger of separate parcels into one parcel.

(e) On any parcel map used for reverting acreage, a certificate shall appear signed and acknowledged by all parties having any record title in the land being reverted, consenting to the preparation and filing of the parcel map. (Ord. 2194-86 § 1)