Chapter 16.14
REVERSION TO ACREAGE

Sections:

16.14.010    Purpose.

16.14.020    Applicability.

16.14.030    Filing of reversions to acreage.

16.14.040    Procedure.

16.14.050    Public notice.

16.14.060    Action on map.

16.14.070    Effective date of reversions.

16.14.010 Purpose.

Reversion to acreage is a means of recombining land which was previously subdivided. The process may be used to nullify rights and/or obligations effected by a previous subdivision of the property. Reversions to acreage require a tentative map and either a final map or a parcel map and shall comply with the provisions of Chapter 6, Article 1 of the Government Code. (Ord. 2007-08 § 4 (Exh. A (part)), 2007)

16.14.020 Applicability.

Reversion to acreage applies to the reconsolidation of previously subdivided land where:

A.    A rescission is sought of rights acquired or obligations incurred under a previous subdivision of the property; and

B.    The parcels do not meet requirements for reconsolidation through a parcel merger or lot line adjustment. (Ord. 2007-08 § 4 (Exh. A (part)), 2007)

16.14.030 Filing of reversions to acreage.

Proceedings for reversion to acreage may be initiated by motion of the city council or by all of the owners of record of the real property within the subdivision. Requests by property owners shall be filed with the community development department on forms provided by the community development department, accompanied by the required filing fee. (Ord. 2007-08 § 4 (Exh. A (part)), 2007)

16.14.040 Procedure.

For the purpose of reversion of subdivided land to acreage, provided that no lots have been sold and no streets improved, the following procedure shall be followed:

A.    Eight copies of record map of area proposed for reversion to acreage. Each copy of the map shall be accompanied by the following:

1.    Evidence of title and nonuse or lack of necessity of streets or easement which are to be vacated or abandoned.

2.    Any streets or easements to be left in effect after the reversion shall be adequately delineated on the map. (Ord. 2007-08 § 4 (Exh. A (part)), 2007)

16.14.050 Public notice.

A.    Public hearings shall be held for all reversion to acreage proposals. Notice of such hearings shall be published and posted, including on-site posting, at least one time not less than ten days before the date of the public hearing. The notice shall include the following information:

1.    The time and place of the public hearing;

2.    The hearing body or officer;

3.    A general explanation of the matter to be considered;

4.    A general description of the property in text or diagrammatic form;

5.    Map preparer/subdivider representative.

B.    Specific Hearing Notification. Notices of public hearings shall be mailed or delivered to the following people/entities at least ten days prior to the hearing:

1.    Either the owner of the subject property or the owner’s duly authorized agent;

2.    The project applicant;

3.    Each agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected;

4.    All owners of real property within three hundred feet of the property in question, as shown on the latest updated equalized assessment roll. (Ord. 2007-08 § 4 (Exh. A (part)), 2007)

16.14.060 Action on map.

A.    Action by the Planning Commission. The community development director shall examine said application and supporting data for compliance with the requirements of this title and shall accept said application for filing when all requirements are met. Once the community development director accepts an application for filing, staff shall prepare a report and recommendation for planning commission consideration. The planning commission shall hold a public hearing to determine whether it is in the best interests of the area to approve such action, and within thirty days after filing shall forward its recommendations to the city council along with evidence of title and nonuse of streets and easements.

B.    Action by the City Council. At its first regular meeting following receipt of the recommendation of the planning commission, the city council shall hold a public hearing to consider such request for reversion of subdivided land to acreage and if said council deems it to be in the best interest of the area, it may approve such request. The clerk of the city council shall certify any map approved by the city council by signing the certificate provided for on the map.

C.    Findings for Approval. A request for reversion to acreage shall be approved if the dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes and one of the following findings can be made:

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

2.    None of the improvements required 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; 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.

D.    Conditions of Approval. A reversion to acreage request is subject to conditional approval through the tentative map review process. Conditions will be determined on a case-by-case basis, but shall include, if appropriate:

1.    Dedications or offers of dedication;

2.    Abandonment of streets according to procedures set forth in the Streets and Highway Code;

3.    Retention of all previously paid fees; and

4.    Retention of any portion of required improvement security or deposits made in guarantee of improvements which are necessary despite reversion of the property to acreage.

E.    Any map filed for the purpose of reversion of subdivided land to acreage shall be conspicuously designed with the title, “The Purpose of This Map is a Reversion of Acreage.”

F.    Within fifteen days after approval of the city council, said map shall be recorded in the county recorder’s office. (Ord. 2007-08 § 4 (Exh. A (part)), 2007)

16.14.070 Effective date of reversions.

Reversion shall be effective upon completion of all necessary application and review processes, including the tentative map review process (see Section 16.14.060D and see Chapter 16.08) and the final map being filed for record by the county recorder. Thereupon, all dedications and offers of dedication not shown on the reversion map shall be of no further force or effect and all fees, deposits and improvement security not retained pursuant to the provisions of this chapter shall be released. (Ord. 2007-08 § 4 (Exh. A (part)), 2007) (Ord. No. 2009-04, § 4(Exh. A), 9-1-2009)