Subdivided property may be reverted to acreage pursuant to the
provisions of this title.
(Prior code § 29-701)
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
16.32.040 and such other information as required by the city engineer.
(Prior code § 29-702)
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.
(Prior code § 29-703)
Petitioners shall file the following:
A. Evidence
of title to the real property; and
B. Evidence
of the consent of all of the owners of an interest(s) 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 Section
16.16.050; or
F. A final map in the form prescribed by Sections
16.24.030 through
16.24.070 which delineates dedications which will not be vacated and dedications required as a condition to reversion.
(Prior code § 29-704)
A. A public
hearing shall be held before the city council on all petitions for
initiations for reversions to acreage. Notice of the public hearing
shall be given as provided in Section 66541.3 of the
Government Code.
The city council 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 in writing 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 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 chapter.
(Prior code § 29-706; Ord. 565 § 26, 1980)
Except as provided in Section
16.32.060, upon filing of the final map for reversion of acreage with the county recorder, all fees and deposits shall be returned to the subdivider, and all improvement securities shall be released by the city council.
(Prior code § 29-707)
After the hearing before the city council and approval of the
reversion, the final map shall be delivered to the county recorder.
(Prior code § 29-708)
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.
(Prior code § 29-709)