Either the city council, on its own motion, or all owners of
record of the real property within the subdivision, by formal application,
may initiate proceedings for a reversion to acreage.
(Ord. 2189 § 1, 2020)
(a)
Reversion to acreage applications initiated by owners of record of
the real property within the subdivision must be filed on forms provided
by the director, together with required filing fees and other information
required by the director to allow for review of the application. At
a minimum, information provided must include:
(1)
Adequate evidence of title of the real property within the subdivision;
(2)
Sufficient data to enable the city council to make all of the findings
and determinations required by this title; and
(3)
A final map that delineates dedications that will not be vacated
and dedications that are a condition of reversion.
(b)
Where the city council initiates a reversion to acreage, the city
council will direct the director to obtain the information necessary
to initiate and conduct the proceedings.
(Ord. 2189 § 1, 2020)
The director must review the application for conformance with
the provisions of this code and report to the city council identifying
the extent to which the reversion to acreage complies with this code
and the findings set forth below.
(Ord. 2189 § 1, 2020)
(a)
The city council must hold a public hearing to consider the application
and any related, relevant, information.
(b)
Following the public hearing, the city council must act to approve,
conditionally approve, or deny the reversion to acreage.
(c)
In acting to approve or conditionally approve a reversion to acreage,
the city council must require all of the following:
(1)
Dedications or offers of dedications necessary for purposes specified
by city regulations;
(2)
Retention of all previously paid fees, if necessary to accomplish
the purposes of this title; and
(3)
Retention of any portion of required improvement security or deposits,
if necessary to accomplish the purpose of this title.
(Ord. 2189 § 1, 2020)
As part of its action to approve or conditionally approve a
reversion to acreage, the city council must make the following findings:
(a)
That dedications or offers of dedication to be vacated or abandoned
by the reversion to acreage are unnecessary for present or prospective
public purposes; and
(b)
Any one of the following:
(1)
All owners of interest in the real property within the subdivision
consented to the reversion;
(2)
None of the improvements required to be made were 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
(3)
No lots on the final map or parcel map were sold within five years
from the date such map was filed for record.
(Ord. 2189 § 1, 2020)
In order for a reversion to acreage to become effective, a final
map must be recorded.
(Ord. 2189 § 1, 2020)
