Tehachapi Municipal Code Ch. 17.48 Reversion to Acreage

Subdivided property may be reverted to acreage pursuant to the provisions of this chapter.

(Ord. 90-13-575 § 1(part), 1990)

A. Proceedings to revert subdivided property to acreage may be initiated by petition of all the owners of record of the property.

B. The petition shall be in a form approved by the city attorney.

C. The petition shall contain the information as required by Section 17.48.040 and such other information as required by the advisory agency or the city attorney.

(Ord. 90-13-575 § 1(part), 1990)

A. The city council at the request of any person or on its own motion, by resolution, initiate proceedings to revert property to acreage.

B. The city council shall direct the city attorney to obtain the necessary information to initiate and conduct the proceedings.

(Ord. 90-13-575 § 1(part), 1990)

Petitioners shall file the following:

A. Evidence of title to the real property; and

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

C. Evidence that none of the improvements required to be made have been made within two years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or

D. Evidence that no lots or parcels 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; or

E. A tentative map in the form prescribed by this title; or

F. A final map in the form prescribed by this title which delineates dedications which will not be vacated and dedications required as a condition to reversion.

(Ord. 90-13-575 § 1(part), 1990)

A. Petitions to revert property to acreage shall be accompanied by a fee set by city council resolution.

B. Fees are not refundable.

(Ord. 90-13-575 § 1(part), 1990)

A. A public hearing shall be held before the city council on all petitions for, and city council initiations for, reversions to acreage. Notice of the public hearing shall be given as provided in Section 66451.3 of the Map Act. The city council may approve a reversion to acreage only if it finds and records in writing that:

1. Dedications or offers of dedications to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and

2. Either:

a. All owners of an interest in the real property within the subdivision have consented to reversion, or

b. 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. No lots or parcels shown on the final or parcel map have been sold within five years from the date such map was filed for record.

B. The city council may require as conditions of the reversion:

1. The owners dedicate or offer to dedicate streets 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 provisions of this chapter.

(Ord. 90-13-575 § 1(part), 1990)

Except as otherwise provided in this title, upon filing of the final map for reversion of acreage with the county recorder, all improvement securities shall be released.

(Ord. 90-13-575 § 1(part), 1990)

After the hearing before the city council and approval of the reversion, the final map shall be delivered to the county recorder for recording.

(Ord. 90-13-575 § 1(part), 1990)

A. Reversion shall be effective upon the final map being filed for record by the county recorder.

B. Upon filing, all dedications and offers of dedication not shown on the final map for reversion shall be of no further force and effect.

(Ord. 90-13-575 § 1(part), 1990)

A final parcel map may be recorded under this chapter and the provisions of Chapter 6 of the Map Act for the purpose of reverting to acreage land previously subdivided and consisting of four or fewer contiguous parcels under the same ownership.

(Ord. 90-13-575 § 1(part), 1990)