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.
(Code 1980, § 16.40.010; Ord. No. 28-B, § 1.801, 1981)
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
16.44.050 and such other information as required by the city engineer.
(Code 1980, § 16.40.020; Ord. No. 28-B, § 1.802.1, 1981)
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.
(Code 1980, § 16.40.030; Ord. No. 28-B, § 1.802.2, 1981)
The petition shall contain but not be limited to the following:
A. Evidence
of title to the real property; and
B. Evidence
of the consent of all of 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 later; or
D. 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;
E. A tentative map in the form prescribed by chapter
16.16 or
16.20 of this title;
F. A final map or parcel map in the form prescribed by chapter
16.18 or
16.22 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. A deposit
as required by the city engineer towards processing and plan checking
costs in accordance to the city's established fees and charges.
(Code 1980, § 16.40.040; Ord. No. 28-B, § 1.803, 1981)
A. 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.
B. 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.
(Code 1980, § 16.40.050; Ord. No. 28-B, § 1.804, 1981)
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
Government Code § 66451.3. The city engineer
may give such other notice that it 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. 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.
C. The
city council may require as conditions of the reversion that:
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 provisions of this title.
(Code 1980, § 16.40.060; Ord. No. 28-B, § 1.805, 1981)
A. 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.
B. 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.
(Code 1980, § 16.40.070; Ord. No. 28-B, § 1.806, 1981)