[Ord. #87-017, A10, § 31.1001]
Subdivided property may be reverted to acreage pursuant to provisions
of this subsection and the Subdivision Map Act. This section shall
apply to final and parcel maps.
Subdivisions may also be merged and resubdivided without reverting
to acreage pursuant to Subdivision Map Act Section 66499.20-1/2 and
this chapter.
[Ord. #87-017, A10, § 31.1002]
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 subsection
22-10.3 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 City Engineer
to obtain the necessary information to initiate and conduct the proceedings.
[Ord. #87-017, A10, § 31.1003]
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 two (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 five (5) years from the date such final or parcel map
was filed for record.
e. A tentative map in the form prescribed by subsection
22-4.2.
f. A final or parcel map in the form prescribed by subsection
22-5.4 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".
[Ord. #87-017, A10, § 31.1004]
The final or parcel map for the reversion together with all
other data as required by this section shall be submitted to the City
Engineer for his review.
Upon finding that the petition meets with all the requirements
of this chapter and the Subdivision Map Act, 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 their consideration.
[Ord. #87-017, A10, § 31.1005]
a. 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 subsection
22-4.6a. The City Engineer may give other notice that is 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. 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 (2) years from the date the final or parcel map was filed
for record, or within the time allowed by agreement for completions
of the improvements, whichever is later; or
(c)
No lots shown on the final or parcel map were filed for record.
c. 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 or portion of previously paid subdivision fees,
deposits or improvement securities if the same are necessary to accomplish
any of the provisions of this chapter.
3. Such other conditions of reversion as are necessary to accomplish
for the purposes of this chapter or necessary to protect the public
health, safety and welfare.
[Ord. #87-017, A10, § 31.1006]
Upon approving the reversion to acreage, the City Engineer 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, add dedications and offers of dedication
not shown on the final or parcel map for reversion shall be of no
further force and effect.