Chapter 9.86 REVERSION TO ACREAGE

Chapter 9.86
REVERSION TO ACREAGE

Sections:

9.86.040 Submittal of petition to the city engineer.

9.86.010 General.

Subdivided property may be reverted to acreage pursuant to the provisions of this division and the Map Act. This division shall apply to final maps and parcel maps. (Ord. 806 § 1, 2007).

9.86.020 Initiation of proceedings.

A. By Owners. 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 BGMC 9.86.030 and such other information as required by the city engineer.

B. By City Council. The city council, at the request of any person or on its own motion, may 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. (Ord. 806 § 1, 2007).

9.86.030 Contents of petition.

The petition shall contain, but not be limited to, the following:

A. Adequate evidence of title to the real property.

B. Sufficient data to enable the city council to make all of the determinations and findings required by the Map Act and this chapter.

C. Tentative parcel and tentative tract maps in the form prescribed by BGMC 9.78.040, Form and contents.

D. A final map or parcel map in the form prescribed by BGMC 9.80.020 or 9.82.020 which delineates dedications which will not be vacated and dedications required as a condition to reversion. Final maps or parcel maps shall be conspicuously designated with the title: “The Purpose of this Map is a Reversion to Acreage.”

E. A deposit as required by the city engineer towards processing and plan-checking costs in accordance with the city’s resolution establishing fees and charges. (Ord. 806 § 1, 2007).

9.86.040 Submittal of petition to the city engineer.

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. Upon finding that the petition meets with all the requirements of this division and the 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 its consideration. (Ord. 806 § 1, 2007).

9.86.050 City council approval.

A public hearing shall be held by the city council on all petitions for initiation of reversions to acreage. Notice of the public hearing shall be given as provided in Sections 66451.3 and 66451.4 of the Map Act. The city engineer may give such other notice as he deems necessary or advisable.

A. 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;

2. At least one of the following:

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 map 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 map or parcel map have been sold within five years from the date such map was filed for record.

B. The council shall record its decision in writing with the findings upon which the decision is based. The council may approve the reversion to acreage, with or without conditions, supported by the findings required by Section 66499.16 of the Subdivision Map Act. The council shall require as conditions of the reversion:

1. Dedications or offers of dedication for streets, public rights-of-way or easements necessary to accomplish the purposes of the subdivision regulations;

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 purposes or provisions of the Subdivision Map Act or the subdivision regulations; and

3. Such other conditions as are necessary to accomplish the purposes or provisions of the Subdivision Map Act or the subdivision regulations or necessary to protect the public health, safety or welfare. (Ord. 806 § 1, 2007).