Chapter 16.36
REVERSIONS TO ACREAGE
Sections:
16.36.020 Initiation of proceedings.
16.36.030 Contents of petition.
16.36.040 Petition – Submittal to city engineer.
16.36.050 Petition – Hearing – Council approval.
16.36.060 Filing with county recorder.
16.36.070 Reversion of four or less contiguous parcels under same ownership.
16.36.080 Merging and resubdividing lands without reverting to acreage.
16.36.090 Merger of substandard lots.
16.36.010 Applicability.
Subdivided real property may be reverted to acreage pursuant to the provisions of this chapter. This chapter shall apply to final maps and parcel maps. (Ord. 626 § 1 (Art. VI § 601), 1983)
16.36.020 Initiation of proceedings.
A. By Owners. Proceedings to revert subdivided property to acreage may be initiated by petition of all 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 SMC 16.36.030 and such other information as required by the chief of planning.
B. By City Council. The city council 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. 626 § 1 (Art. VI § 602), 1983)
16.36.030 Contents of petition.
The petition shall contain but not be limited to the following:
A. Evidence of title to the real property within the subdivision; and
B. Evidence of the consent of all the owners of an interest in the property; or
C. 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 the later; or
D. Evidence that no lots shown on the final map or parcel map have been sold within five years from the date such map was filed for record; and
E. A tentative map in the form prescribed by SMC 16.12.020; and
F. A final or parcel map in the form prescribed by SMC 16.12.060 or 16.12.110 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. Payment of a fee established by the city council to cover the costs of processing the reversion to acreage petition. If the proceedings for reversion to acreage are initiated by the legislative body on its own motion, the fee shall be paid by the person or persons requesting the legislative body to proceed pursuant to this chapter before such initiation of proceedings. (Ord. 626 § 1 (Art. VI § 603), 1983)
16.36.040 Petition – Submittal to 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 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. (Ord. 626 § 1 (Art. VI § 604(A)), 1983)
16.36.050 Petition – Hearing – Council approval.
A. A public hearing shall be held by the city council on all petitions for reversions to acreage.
B. Notice of Public Hearing. Notice of public hearing shall be given as provided in SMC 16.16.060. The city engineer may give such other notices that are deemed necessary or advisable.
C. Council Findings. 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 or parcel map were filed for record.
D. Conditions of Reversions. The city council may require as conditions of the reversion:
1. The owners dedicate or offer to dedicate streets, public rights-of-way or easements;
2. The retention of all of 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. 626 § 1 (Art. VI § 604(B)), 1983)
16.36.060 Filing with county recorder.
A. Upon approval of 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.
B. Reversion shall be effective upon the final map being filed for record with the county recorder. Upon filing, all dedications and offers of dedications not shown on the final map for reversion shall be of no further force and effect.
C. When a reversion is effective, all fees and deposits shall be returned and all improvement securities released, except those retained pursuant to SMC 16.36.050(D)(2). (Ord. 626 § 1 (Art. VI § 604(C)), 1983)
16.36.070 Reversion of four or less contiguous parcels under same ownership.
A parcel map shall be filed under the provision of this title for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership. Any map so submitted shall be accompanied by evidence of title and nonuse or lack of necessity of any streets or easements which are to be vacated or abandoned. Any streets or easements to be left in effect after the reversion shall be adequately delineated on the map. After approval of the reversion by the city council, the map shall be delivered to the county recorder. The filing of the map shall constitute legal reversion to acreage of the land affected thereby, and shall also constitute abandonment of all streets and easements not shown on the map. The filing of the map shall also constitute a merger of the separate parcels into one parcel for the purpose of this title and shall thereafter be shown as such on the assessment roll subject to the provisions of SMC 16.12.040 through 16.12.080. On any parcel map used for reverting acreage, a certificate shall appear signed and acknowledged by all parties having any record title interest in the land being reverted, consenting to the preparation and filing of the parcel map. (Ord. 626 § 1 (Art. VI § 605), 1983)
16.36.080 Merging and resubdividing lands without reverting to acreage.
Subdivided lands may be merged and resubdivided without reverting to acreage by complying with all the applicable requirements for the subdivision of land as provided by this title and the state Subdivision Map Act. The filing of the final map or parcel map shall constitute legal merging of the separate parcels into one parcel and the resubdivision of such parcel, and the real property shall thereafter be shown with the new lot or parcel boundaries on the assessment roll. Any unused fees or deposits previously made pursuant to this division of the property shall be credited pro rata towards any requirements for the same purposes which are applicable at the time of resubdivision.
Any street or easements to be left in effect after the resubdivision shall be adequately delineated on the map. After approval of the merger and resubdivision by the city council, the map shall be delivered to the county recorder. The filing of the map shall constitute legal merger and resubdivision of the land affected thereby, and shall also constitute abandonment of all streets and easements not shown on the map. (Ord. 626 § 1 (Art. VI § 606), 1983)
16.36.090 Merger of substandard lots.
A. Authority. This section is adopted pursuant to Article 1.5, Sections 66451.10 through 66451.21 inclusive of the Government Code of the state of California.
B. When Lots May Be Merged. Two or more contiguous parcels or units of land may be merged by the city council when held by the same owner if all of the following requirements are satisfied:
1. At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than accessory structure, that is also partially sited on a contiguous parcel or unit;
2. With respect to any affected parcel, one or more of the following conditions exist:
a. Comprises less than five thousand square feet in area at the time of determination of merger,
b. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation,
c. Does not meet current standards for sewage disposal and domestic water supply,
d. Does not meet slope stability standards,
e. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability,
f. Its development would create health or safety hazards,
g. Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards; and
3. For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded.
C. Procedure to Merge Lots. The procedure for merger of substandard lots shall be as set forth in Sections 66451.12 through 66451.19 inclusive. Said sections of the Government Code are incorporated by reference as if fully set forth herein.
D. Lot Line Adjustment. Notwithstanding any other provision of this section, upon application by an owner of contiguous parcels or units, the planning commission may permit an adjustment of the lot line(s) when such an adjustment will create contiguous parcels or units having a minimum width of thirty-five feet. (Ord. 687 § 1, 1985)