Chapter 9.9 Reversions to Acreage
9.9.10 Purpose of this Chapter
The purpose of this Chapter is to establish the procedures by which subdivided property may be reverted to acreage. Any such reversion is subject and pursuant to the provisions of this Article and the Subdivision Map Act. This Chapter shall apply to Final and Parcel Maps.
9.9.20 Initiation of Proceedings
Reversions to acreage may be initiated by the following:
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 Section 9.8.30 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, by resolution, 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 and to file a Notice of Intent to Revert to Acreage with the County Recorder for recording.
9.9.30 Contents of Petition
The petition shall contain but not be limited to the following:
A. Evidence of title to the real property;
B. Evidence of the consent of all of the owners of an interest in the property;
C. Evidence that none of the improvements required to be made have been made within two (2) years from the date the Final Map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later;
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 Chapter 9.4 of this Article;
F. A Final or Parcel Map in the form prescribed in Chapter 9.3 or 9.6 of this Article, which delineates dedications that will not be vacated and dedications required as a condition to reversion. Final or Parcel Maps shall be conspicuously designated with the title, "The Purpose of this Map is a Reversion to Acreage";
G. A deposit as required by the City Engineer toward processing and plan checking costs in accordance with the City’s resolution establishing fees and charges.
9.9.40 Submittal of Petition
The Final or Parcel Map for the reversion together with all other data as required by this article shall be submitted to the City Engineer for review. Upon finding that the petition meets with all the requirements of this chapter and the State Subdivision Map Act, the City Engineer shall submit the Final or Parcel Map, together with a report and recommendations of approval or conditional approval of the reversion to acreage, to the City Council for its consideration.
9.9.50 City Council Approval
A. A public hearing shall be held by the City Council on all petitions for initiations for reversions to acreage. Notice of the public hearing shall be given as provided in Section 9.4.30.H. The Community Development Director may give other notice that he or she deems necessary or advisable. The City Council may approve a reversion to acreage only if it finds 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. Any 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 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 (5) years from the date such map was filed for record.
B. As conditions of the reversion, the City Council shall require:
1. The owners dedicate or offer to dedicate streets, public rights-of-way or easements;
2. The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if necessary to accomplish any of the provisions of this Chapter or the Subdivision Map Act.
3. Any other conditions as are necessary to accomplish the purposes of this chapter or necessary to protect the public health, safety or welfare.
9.9.60 Filing with County Recorder
Upon approving the reversion to acreage, the City Engineer shall transmit the Final or Parcel Map, together with the City Council resolution approving the reversion, to the County Recorder for 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 or Parcel Map for reversion shall be of no further force and effect.