Chapter 6.05 ADDITIONAL DATA

Chapter 6.05
ADDITIONAL DATA

Sections:

6.05.010 Reversion to acreage.

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

A. Initiation of Proceedings 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 Manager. The petition shall contain the information required by subsection (C) of this section and such other information as required by the City Manager.

B. Initiation of Proceedings 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 Manager to obtain the necessary information to initiate and conduct the proceedings.

C. Data for Reversion to Acreage. Petitioners shall file the following:

1. Evidence of title to the real property; and

2. Evidence of the consent of all of the owners of and interests 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 map or parcel map was filed for record, or within the time allowed by 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 such final or parcel map was filed for record.

5. A tentative map in the form prescribed by NCC 6.03.020.

6. A final map in the form prescribed by NCC 6.04.020, which delineates dedications which will not be vacated and dedications required as a condition to reversion.

D. Fees. Petitions to revert property to acreage shall be accompanied by a fee of $100.00. Fees are not refundable.

E. Proceedings Before the City Council. A public hearing shall be held before the City Council on all petitions for initiation for reversions to acreage. Notice of the public hearing shall be given as provided in Section 66451.3 of the Government Code. The City Manager may give such other notice that it deems necessary or advisable.

The City Council may approve a reversion to acreage only if it finds and records in writing that:

1. Dedications or offers of dedication 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 shown on the final or parcel map were filed for record.

The City Council may require as conditions of the reversion:

1. The owners dedicate or offer to dedicate the 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 title.

F. Return of Fees, Deposits – Release of Securities. Except as provided in subsection D of this section, upon filing of the final map for reversion of acreage with the County Recorder, all fees, and deposits shall be returned to the subdivider and all improvement securities shall be released by the City Council.

G. Delivery of Final Map. After the hearing before the City Council and approval of the reversion, the final map shall be delivered to the County Recorder.

H. Effect of Filing Reversion Map with the County Recorder. 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 map for reversion shall be of no further force and effect.

6.05.020 Soil reports.

A. A preliminary soil report, prepared by a civil engineer registered in this State and based upon adequate test borings shall be submitted to the City Engineer for every subdivision.

B. A preliminary soil report may be waived by the City Engineer providing the City Engineer finds that due to the knowledge the City has as to the quality of the soil in the subdivision, no preliminary analysis is necessary.

C. If the City has knowledge of or the preliminary soil report indicates the presence of critically expansive soil or other soil problems which, if not corrected, would lead to structural defects, a soil investigation of each lot in the subdivision may be required by the City Engineer. Such soil investigation shall be done by a civil engineer registered in this State, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soil problem exists.

The Planning Commission may approve the subdivision or portion thereof where such soil problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed and a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.

6.05.030 Environmental impact.

No parcel or tentative map filed pursuant to the provisions of this title shall be approved until an environmental impact analysis is prepared, processed and considered in accordance with the provisions of this title. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents.

6.05.040 Grading and erosion control.

Every map approved pursuant to this title shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property, set forth in this title. (Ord. 77-19, 5-24-1977)