A.
A reversion
to acreage application may be initiated by the city council on its
own motion or by petition of all the owners of record within the subdivision.
B.
Whenever
a petition for reversion to acreage is requested, the applicant(s)
shall submit an application to the director. The application shall
be processed in accordance with the provisions of this chapter and
title.
(Ord. 2747 § 1, 1993)
The petition shall be on the form prescribed by the director
and shall contain, at a minimum, the following information and data:
A.
Adequate
evidence of title to the real property within the subdivision.
B.
A dated
signature by all of the owners having interest in the property, authorizing
the processing of the petition.
C.
Sufficient data to enable the city council to make all of the determinations and findings required in Section 18.12.110.
D.
A final map or parcel map, prepared in conformance with the provisions of Chapter 18.16. The final map or parcel map shall delineate dedications which will not be vacated and dedication which are required as conditions to reversion. The map shall have printed conspicuously on its face the following: "The purpose of this map is a reversion to acreage."
E.
Other
pertinent information as the director deems reasonable and necessary
to permit adequate review and consideration of the application.
After the petition has been filed with the director, it shall
be processed as outlined in this chapter.
(Ord. 2747 § 1, 1993)
The director shall after receipt of a petition, review it for compliance with the requirements of Section 18.12.020. When a petition is missing the required information, it will be returned immediately to the applicant and shall not be processed.
(Ord. 2747 § 1, 1993)
The director will refer copies of the petition to any city department,
local, state or federal agency, or other individual or group, that
the director believes may have an interest in the project. If no response
is received within 21 calendar days of the referral date, the director
will assume that the outside agency, individual, or group, has no
comment to make.
(Ord. 2747 § 1, 1993)
Following the distribution period, the director shall send a
letter to the petitioner(s) stating whether or not all required information
for the petition has been submitted, and itemizing all information
necessary to process the petition. The letter may also include recommended
design changes or conditions of approval which may be recommended.
If the director determines additional information is required,
and the additional information has not been received within six months
of the letter requesting the information, then the petition shall
be deemed withdrawn.
If the director determines that the application is acceptable,
as it meets the requirements above, the director shall cause a preliminary
initial study to be prepared.
(Ord. 2747 § 1, 1993)
The director shall cause a preliminary initial study to be completed
to determine the foreseeable environ-mental impacts associated with
the petition. The director shall then prepare and circulate for public
review and comment the appropriate environmental document in accordance
with the California Environmental Quality Act (CEQA) Guidelines.
(Ord. 2747 § 1, 1993)
A public hearing before the city council shall be held for all petitions for reversion to acreage. A notice of the public hearing shall be given at least 10 days in advance. The notice and its contents shall be given pursuant to Section 18.06.130.
(Ord. 2747 § 1, 1993)
All requests to extend the processing time for the petition
shall be made in writing by the petitioner(s) to the director.
(Ord. 2747 § 1, 1993)
Requests for withdrawal of the petition for reversion to acreage
shall be submitted to the director in writing, unless made at a public
hearing. Upon receipt of such request, the director shall notify all
concerned parties of the withdrawal. A refund of the filing fee shall
be made in accordance with adopted resolutions and ordinances in effect
at the time the withdrawal is made.
(Ord. 2747 § 1, 1993)
Following the public hearing, the city council shall approve,
conditionally approve, or deny the proposed petition based upon the
minimum findings below, and in accordance with the requirements of
this title. All decisions of the city council are final.
(Ord. 2747 § 1, 1993)
Prior to acting upon the petition, the city council must, at
a minimum, make the findings listed in Section 66499.16 of the Subdivision
Map Act. The findings may be adjusted to reflect the evidence provided
and the action to either approve, conditionally approve or deny the
application.
(Ord. 2747 § 1, 1993)
The city council shall condition all reversions to acreage by
requiring at a minimum:
A.
Dedications
or offers of dedication necessary for the purposes specified by law
following reversion.
B.
Retention
of all previously paid fees if necessary to accomplish the purposes
of the Subdivision Map Act or this title.
C.
Retention
of any portion of required improvement security or deposits if necessary
to accomplish the purposes of the Subdivision Map Act or this title.
Other conditions may be added to ensure compliance with the
general plan and applicable specific plan, the Zoning Ordinance, and
other relevant law and sections of the Roseville Municipal Code.
(Ord. 2747 § 1, 1993)
Within two working days of the action of the city council, a
notice shall be mailed to the petitioner(s) at the address appearing
on the petition, or to such other address designated in writing by
the petitioner(s). The notice shall contain the following information:
A.
Findings
upon which the decision was based;
B.
The
environmental document prepared and date ratified;
C.
The
action taken;
D.
Conditions
of approval; and
E.
Notice
of need to pursue administrative remedies.
(Ord. 2747 § 1, 1993)
A decision to approve or conditionally approve an application
shall be effective immediately after the city council action.
(Ord. 2747 § 1, 1993)
