Chapter 16.40
REVERSIONS TO ACREAGE
Sections:
16.40.020 Initiation of proceedings.
16.40.030 Contents of petition.
16.40.040 Submittal of petition to the city engineer.
16.40.050 City council approval.
16.40.060 Filing with county recorder.
16.40.010 General.
A. Subdivided property may be reverted to acreage pursuant to the provisions of the Subdivision Map Act (Sections 66499.11 et seq.) and this chapter. This chapter shall apply to final maps and parcel maps.
B. Subdivisions may also be merged and resubdivided without reverting to acreage pursuant to Section 66499.20 1/2 of the Subdivision Map Act and this title. (Ord. 702 § 1 (part), 1991)
16.40.020 Initiation of proceedings.
A. 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 16.40.030 and any other information as required by the city engineer.
B. 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 department to obtain the necessary information to initiate and conduct the proceedings. (Ord. 702 § 1 (part), 1991)
16.40.030 Contents of petition.
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 2 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;
D. Evidence that no lots shown on the final or parcel map have been sold within 5 years from the date such final or parcel map was filed for record;
E. A final or parcel map in the form and with the contents, prescribed by Sections 16.20.040 and 16.20.050 or Section 16.24.090, as the case may be, 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”;
F. Fees and/or deposits in accordance with Section 16.04.070. (Ord. 702 § 1 (part), 1991)
16.40.040 Submittal of petition to the city engineer.
A. The final or parcel map for the reversion, together with all other data as required by this chapter, shall be submitted to the city engineer for review.
B. Upon finding that the petition meets with all the requirements of the Subdivision Map Act and this title, 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. (Ord. 702 § 1 (part), 1991)
16.40.050 City council approval.
A. A public hearing shall be held by the city council on all proposed reversions to acreage. Notice of the public hearing shall be given by the city engineer as provided in Section 16.16.070 A. The city engineer may give such other notice that the city engineer deems necessary or advisable.
B. The city council may approve a reversion to acreage only if it finds and records by resolution 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. Dedications or offers of dedications to be vacated or abandoned by the reversion to acreage are unnecessary to ensure consistency with/or implementation of the general plan or any applicable specific plan; and
3. Either:
a. All owners of an interest in the real property within the subdivision have consented to reversion,
b. None of the improvements required to be made have been made within 2 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,
c. No lots shown on the final or parcel map have been sold within 5 years from the date such map was filed for record.
C. The city council may require as conditions of the reversion:
1. The owners dedicate or offer to dedicate streets, local transit facilities, public rights-of-way or public access easements, open space easements or landscape 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 purposes or provisions of the Subdivision Map Act or this title;
3. Such other conditions of reversion as are necessary to accomplish the purposes or provisions of the Subdivision Map Act or this title or this Code or to ensure consistency with/or to implement the general plan or any applicable specific plan or necessary to protect the public health, safety or welfare. (Ord. 702 § 1 (part), 1991)
16.40.060 Filing with county recorder.
Upon approval of the reversion to acreage, the city clerk 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. (Ord. 702 § 1 (part), 1991)