Chapter 16.52
REVERSION TO ACREAGE
Sections:
16.52.020 Initiation of proceedings by owners.
16.52.030 Initiation of proceedings by city council.
16.52.040 Date for reversion to acreage.
16.52.050 Proceedings before city council.
16.52.060 Return of fees, deposits – Release of securities.
16.52.070 Delivery of final map.
16.52.080 Effect of filing reversion map with the county recorder.
16.52.010 General procedure.
Subdivided property may be reverted to acreage pursuant to provisions of this chapter and Section 66499.11 et seq., of the Government Code. (Ord. 79-426 § 15.01).
16.52.020 Initiation of proceedings by owners.
Proceedings to revert subdivided property to acreage may be initiated by petition of the owners of record of the property. The petition shall be in a form prescribed by the city. The petition shall contain the information required by FMC 16.52.040 and such other information as may be required by the city. (Ord. 79-426 § 15.02).
16.52.030 Initiation of proceedings by city council.
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 staff to obtain the necessary information to initiate and conduct the proceedings. (Ord. 79-426 § 15.03).
16.52.040 Date 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 years from the date such final or parcel map was filed for record;
E. A tentative map in the form described by FMC 16.08.010, 16.08.020, 16.08.030 and 16.08.040; or
F. A final map in the form prescribed by FMC 16.08.050 which delineates dedications which will not be vacated and dedications required as a condition to reversion. (Ord. 79-426 § 15.04).
16.52.050 Proceedings before city council.
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 66451.3 of the Government Code.
B. The city council may approve a reversion to acreage only if it finds and records in writing that:
1. Dedication 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 were 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. (Ord. 79-426 § 15.05).
16.52.060 Return of fees, deposits – Release of securities.
Except as provided in FMC 16.52.050(B)(2), 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. (Ord. 79-426 § 15.06).
16.52.070 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 by the city. (Ord. 79-426 § 15.07).
16.52.080 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. (Ord. 79-426 § 15.08).
16.52.090 Parcel maps.
For the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership, a parcel map may be filed in accordance with Section 66499.20 1/2 of the Government Code. (Ord. 79-426 § 15.09).