Walnut Creek Municipal Code Art. 9 Reversions to Acreage

Subdivided property may be reverted to acreage pursuant to provisions of this article and the State Subdivision Map Act. This article shall apply to final and parcel maps.

1. 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 City Engineer. The petition shall contain the information required by Section 10-1.903 and such other information as required by the City Engineer.

2. By City Council. 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 and to file a Notice of Intent to Revert to acreage with the County Recorder for recording.

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 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 (5) years from the date such final or parcel map was filed for record;

e. A tentative map in the form prescribed by Section 10-1.402 or Section 10-1.501 of this chapter;

f. A final or parcel map in the form prescribed by Section 10-1.403 or Section 10-1.502 of this chapter, 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";

g. A deposit as required by the City Engineer toward processing and plan checking costs in accordance with the City's resolution establishing fees and charges.

The final or parcel map for the reversion together with all other data as required by this article shall be submitted to the City Engineer for review.

Upon finding that the petition meets with all the requirements of this chapter and the State Subdivision 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 City Council for its consideration.

A public hearing shall be held by the City Council on all petitions for initiations for reversions to acreage. Notice of the public hearing shall be given as provided in §10-1.402.7.a. The City Engineer may give other notice that he or she deems necessary or advisable.

The City Council 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 were sold within five (5) years from the date such map was filed for record.

The City Council may require as conditions of the reversion:

(a) The owners dedicate or offer to dedicate streets, public rights-of-way or easements;

(b) The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if necessary to accomplish any of the provisions of this chapter.

(c) Such other conditions as are necessary to accomplish the purposes of this chapter or necessary to protect the public health, safety or welfare.

Upon approving the reversion to acreage, the City Engineer or an authorized representative shall transmit the final or parcel map, together with the City Council 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