Division 8.
Reversion to Acreage.
25.166.57 Reversions to acreage by final map.
Subdivided property may be reverted to acreage pursuant to provisions of this article.
25.166.58 Initiation of proceedings by owners.
Proceedings to revert subdivided property to acreage maybe initiated by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the director of planning and development. The petition shall contain the information required by section 9.4 [section 25.166.69] and such other information as required by the director of planning and development.
25.166.59 Initiation of proceedings by city council.
The city council at the request of any person or on its own motion may by minute order initiate proceedings to revert property to acreage. The director of planning and development shall obtain the necessary information to initiate and conduct the proceedings.
25.166.60 Data for reversion to acreage.
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 (5) years from the date such final or parcel map was filed for record.
(e) A tentative map in the form prescribed by section V of this article; or
(f) A final map in the form prescribed by section VI [division 6] of this article which delineates dedications which will not be vacated and dedications required as a condition to reversion.
25.166.61 Filing fee.
Petitions to revert property to acreage shall be accompanied by a fee which shall be set by resolution of the city council.
25.166.62 Proceedings before the city council.
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 66451.3 of the government code. The director of planning and development may give such other notice that it deems necessary or advisable.
The city council may approve a reversion to acreage only if it finds and records in writing that:
(a) 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) Either:
(1) All owners of an interest in the real property within the subdivision have consented to reversion; or
(2) None of the improvements required to be made have been made within two (2) 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 shown on the final or parcel map were filed for record.
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 article.
25.166.63 Return of fees. deposits - Release of securities.
Except as provided in section 8.6 [section 25.166.72], 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.
25.166.64 Delivery of final map.
After the hearing before the city council and approval of the reversion, the final map shall be delivered to the county recorder.
25.166.65 Effect of filing reversion map with the county recorder.
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.
25.166.65.1 Filing of parcel map for purpose of reverting to acreage.
A parcel map may be processed and filed in accord with provisions of this article for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership. Any map so submitted shall be accompanied by evidence of title and nonuse or lack of necessity of any streets or easements which are to be vacated or abandoned. Any streets or easements to be left in effect after the reversion shall be adequately delineated on the map. (Ord. No. 77-2, § 2.)