Subdivided property may be reverted to acreage pursuant to the
provisions of the Subdivision Map Act and this chapter. This chapter
shall apply to final maps and parcel maps.
(Ord. 88-O-117 § 1, 1988)
(a) 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
22.70.030 and any other information as required by the city engineer.
(b) 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. 88-O-117 § 1, 1988)
The application shall contain, but not be limited to, the following:
(1) Evidence of title to the real property;
(2) Evidence of the consent of all of the owners with an interest in
the property;
(3) Evidence that 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;
(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 final or parcel map in the form, and prepared in accordance with Chapters
22.76 or
22.80, 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";
(6) Fees and/or deposits in accordance with the latest adopted fee schedule.
(Ord. 88-O-117 § 1, 1988)
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.
Upon finding that the application meets with all the requirements
of the Subdivision Map Act or this chapter, 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. 88-O-117 § 1, 1988)
(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
22.72.059. 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) 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 have been sold within five
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, public rights-of-way
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 purposes or provisions of the Subdivision
Map Act or this chapter;
(3) Such other conditions of reversions as are necessary to accomplish
the purposes or provisions of the Subdivision Map Act or this chapter
or necessary to protect the public health, safety or welfare.
(Ord. 88-O-117 § 1, 1988)
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. 88-O-117 § 1, 1988)