Chapter 16.44
REVERSION TO ACREAGE
Sections:
16.44.020 Application requirements.
16.44.030 Approval or disapproval by planning officer.
Prior legislation: Ord. 82-1 and prior code § 9-13(A) through (E).
16.44.010 Purpose.
The purpose of this chapter is to provide a process for eliminating the subdivision of previously subdivided parcels and returning them to their original configuration. (Ord. 08-05 § 1, 2008)
16.44.020 Application requirements.
A. Initiation.
1. Petition by Owners of Record. 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 officer. The petition shall contain the information required by Section 66499.13 of the Government Code and such other information as required by the planning officer.
2. Petition by City Council Resolution. 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 planning officer to obtain the necessary information to initiate and conduct proceedings.
B. Petitioner shall file the following:
1. Evidence of title to the real property; and
2. Evidence of the consent of all of the owners of interest(s) in the property; or
3. 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
4. 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;
5. A tentative map in the form prescribed by this title; and
6. A final map in the form prescribed by this title which delineates dedications that will not be vacated and dedications required as a condition to reversion.
C. Fees. Petitions to revert property to acreage shall be accompanied by a fee as set forth by city council resolution. If the proceedings are initiated by the city council, the person or persons who requested the city council to initiate the proceedings shall pay the appropriate fee. Fees are not refundable. (Ord. 08-05 § 1, 2008)
16.44.030 Approval or disapproval by planning officer.
A. Review. The planning officer may approve a reversion to acreage only if he or she is able to make the findings in HMC 16.44.040.
B. Conditions. The planning officer may require 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 the same are necessary to accomplish any of the provisions of this title. (Ord. 08-05 § 1, 2008)
16.44.040 Findings.
A. Dedications. 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. One of the following is true:
1. All owners of an interest in the real property within the subdivision have consented to reversion;
2. None of the improvements required to be 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, have been completed; or
3. No lots shown on the final or parcel map were filed for record. (Ord. 08-05 § 1, 2008)
16.44.050 Filing process.
A. Return of Fees. Except as provided in HMC 16.44.020(C), upon filing of the final map for reversion to acreage with the county recorder, all unencumbered or unutilized fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the planning officer, except those retained pursuant to HMC 16.44.030(B)(2).
B. Map Recordation. 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. 08-05 § 1, 2008)