Chapter 17.35
REVERSIONS TO ACREAGE
Sections:
17.35.010 Reversions to acreage.
17.35.020 Initiation of proceedings by owners.
17.35.030 Initiation of proceedings by city council.
17.35.040 Data for reversion to acreage.
17.35.060 Proceedings before the council.
17.35.070 Return of fees, deposits – Release of securities.
17.35.080 Delivery of final map.
17.35.090 Effect of filing reversion map with the county recorder.
17.35.010 Reversions to acreage.
Subdivider property may be reverted to acreage pursuant to provisions of this chapter. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1700.)
17.35.020 Initiation of proceedings by owners.
Proceedings to revert subdivided property to acreage may be initiated by petition of all the owners of record of the property. The petition shall be in a form prescribed by the planning division. The petition shall contain the information required by Section 17.35.040 and such other information as required by the planning division. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1701.)
17.35.030 Initiation of proceedings by city council.
The council, at the request of any person or on its own motion, may by resolution initiate proceedings to revert property to acreage. The council shall direct the planning division to obtain the necessary information to initiate and conduct the proceedings. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1702.)
17.35.040 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 years from the date such final or parcel map was filed for record.
(e) A map for reversion to acreage, which shall be in the form of a final map or parcel map for land previously subdivided and consisting of four or less contiguous parcels under the same ownership, as prescribed by this title and marked and titled, “the purpose of this map is a reversion to acreage,” which delineates dedications which will not be vacated or dedications required as a condition of reversion. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1703.)
17.35.050 Fees.
Petitions to revert property to acreage shall be accompanied by a fee established by resolution of the council. If the proceedings are initiated pursuant to Section 17.35.030, the person or persons who requested the council to initiate the proceedings shall pay a fee as established by the council. Fees shall not be refundable. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1704.)
17.35.060 Proceedings before the council.
(a) A public hearing shall be held before the council on all petitions for, and council initiations for, reversions to acreage. Notice of the public hearing shall be given in the time and manner provided in Section 17.20.010. The 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 has 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.
(b) The council may require the following as conditions of the reversion:
(1) That 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 such retention is necessary to accomplish any of the provisions of this title. (Ord. 1050 § 1, 6-10-75; Ord. 1659 § 5, 5-7-85. 1990 Code § 8-1705.)
17.35.070 Return of fees, deposits – Release of securities.
Except as provided in Section 17.35.060, upon filing of the final map or parcel 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 council. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1706.)
17.35.080 Delivery of final map.
After the hearing before the city council and approval of the reversion, the final map or parcel map shall be delivered to the county recorder. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1707.)
17.35.090 Effect of filing reversion map with the county recorder.
Reversion shall be effective upon the final map or parcel map being filed for record with the county recorder. Upon filing, all dedications and offers of dedication not shown on the final map or parcel map for reversion shall be of no further force and effect.
After filing and recordation of a map for the reversion to acreage with the county recorder, the owners of interest shall file a duplicate tracing on cloth or mylar of not less than three one-thousandths inches in thickness and a 35-millimeter microfilm of said map filmed at a reduction of 24 to one, or in-lieu fees thereof, with the city engineer and any fees returnable to the owners of said property shall be retained until such filings are completed. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1708.)