Chapter 16.30
REVERSIONS TO ACREAGE
Sections:
16.30.020 Initiation of proceedings.
16.30.030 Contents of petition.
16.30.040 Submittal of petition to the City Engineer.
16.30.050 City Council approval.
16.30.060 Filing with County Recorder.
16.30.010 General.
Subdivided property may be reverted to acreage pursuant to provisions of this chapter and the State Subdivision Map Act. This chapter shall apply to final maps and parcel maps. [Ord. 165 § 1, 1982; Ord. 60 § 1.901, 1968.]
16.30.020 Initiation of proceedings.
(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 RDMC 16.30.030 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. [Ord. 165 § 1, 1982; Ord. 60 § 1.902, 1968.]
16.30.030 Contents of petition.
The petition shall contain but not be limited to the following:
(1) Evidence of title to the real property; and
(2) Evidence of the consent of all parties having record title interest in the property to the reversion to acreage.
(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 Article II of Chapter 16.10 or Article I of Chapter 16.15 RDMC.
(6) A final or parcel map in the form prescribed by Article III of Chapter 16.10 or Article II of Chapter 16.15 RDMC 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.”
(7) A deposit as required by the City Engineer toward processing and plan checking costs in accordance to the City’s resolution establishing fees and charges. [Ord. 165 § 1, 1982; Ord. 60 § 1.903, 1968.]
16.30.040 Submittal of petition to the City Engineer.
The final map or parcel map for the reversion together with all other data as required by this chapter shall be submitted to the City Engineer for his review.
Upon finding that the petition meets with all the requirements of this title and the State Subdivision Map Act, the City Engineer shall submit the final map or parcel map, together with his report and recommendations of approval or conditional approval of the reversion to acreage, to the City Council for their consideration. [Ord. 165 § 1, 1982; Ord. 60 § 1.904, 1968.]
16.30.050 City Council approval.
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 Section 66451.3 of the Government Code. The City Clerk 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 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) 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 map were filed for record.
(3) 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 the same are necessary to accomplish any of the provisions of this title. [Ord. 165 § 1, 1982; Ord. 60 § 1.905, 1968.]
16.30.060 Filing with County Recorder.
Upon approving the reversion to acreage, the City Engineer shall transmit the final map 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 map for reversion shall be of no further force and effect. [Ord. 165 § 1, 1982; Ord. 60 § 1.906, 1968.]