This chapter provides for reversion of subdivided real property, including both final maps and parcel maps, to acreage pursuant to the provisions of the Subdivision Map Act. Subdivided lands may be merged and resubdivided without reverting to acreage pursuant to Section 66499.20 ½ of the Subdivision Map Act.
(Ord. 539 § 1, 2011)
A. 
By the Owners. Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the real property within the subdivision. The petition shall be on a form prescribed by the Community Development Director.
B. 
By the City Council. The City Council, or on its own motion may, by resolution, initiate proceedings to revert property to acreage. The City Council shall direct the Community Development Director to obtain the necessary information to initiate and conduct proceedings.
(Ord. 539 § 1, 2011)
The petition shall contain, but not be limited to, the following:
A. 
Title to Property. Adequate evidence of title to the real property within the subdivision.
B. 
Owner's Signature(s). A dated signature of all the owners having interest in the property within the subdivision, authorizing the processing of the petition.
C. 
Data for Findings. Sufficient data to enable the City Council to make all the determinations and findings required in Section 16.34.040.F.
D. 
Final or Parcel Map. A final map, prepared in conformance with the provisions of Chapter 16.18 which delineates dedications which will not be vacated and dedications which are required as conditions of reversion. The map shall have printed conspicuously on its face the following: "Reversion to acreage." A parcel map prepared in accordance with the provisions of Chapter 16.20 may be filed for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership.
E. 
Other. Other pertinent information the Community Development Director or City Engineer deems reasonable and necessary to permit adequate review and consideration of the application.
F. 
Fee. The petition shall be accompanied by the appropriate fees, as approved by the City Council.
(Ord. 539 § 1, 2011)
A. 
Petition Referral. Within five days of finding the application complete, the Community Development Director shall refer copies of the tentative application to any City department, local, State or Federal agency, public or private utility or other group that the Community Development Director believes may be interested in the project. If no response is received within 21 days of the referral date, the Director shall assume that the agency or group has no comments. Comments for the environmental document for the project may still be accepted and considered during its public review period.
B. 
Meeting with Applicant. Within 30 days of finding the application complete the Community Development Director will determine if a project evaluation meeting is needed to discuss the project. If the meeting is needed, it will be scheduled with the applicant, the applicant's representatives and all City departments and other agencies having jurisdiction or providing services to the site.
C. 
Processing the Petition. City staff shall review the project for compliance with the Subdivision Map Act and City standards as well as prepare the appropriate environmental document as required by the California Environmental Quality Act, and prepare a report to the City Council.
D. 
Notice and Hearing. Upon completion of the review by City staff, proper notice of a public hearing before the City Council shall be provided as required by California Government Code Sections 65090 through 65095, and by other such means as the City Council may require.
E. 
Decision. Following the close of the public hearing or at a time thereafter determined by the City Council, the Council shall approve, approve with conditions or deny the reversion to acreage. The decision of the City Council is final.
F. 
Necessary Findings. Subdivided real property may be reverted to acreage only if the City Council finds that:
1. 
Dedications and 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 of the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later, or
c. 
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.
G. 
No Tax Bond Required. A tax bond shall not be required in reversion proceedings.
H. 
Recording the Final Map or Parcel Map. Following approval or conditional approval by the City Council, the final map or parcel map shall be recorded with the Sutter County Recorder. The reversion to acreage shall be effective upon the final map or parcel map being filed for record by the Sutter County Recorder. Upon this filing the dedications and offers of dedication not shown on the final map shall be of no further force and effect.
(Ord. 539 § 1, 2011)