Chapter 24.68
REVERSION TO ACREAGE
Sections:
24.68.020 Petition by property owners.
24.68.030 Council-initiated proceedings.
24.68.040 Information required.
24.68.060 Public hearing – Council approval.
24.68.070 Return of dedication fees – Release of improvement securities.
24.68.080 Delivery of final map to recorder.
24.68.010 Generally.
Subdivided property may be reverted to acreage pursuant to provisions of this chapter. [Ord. 09-005 § 37, 2009; Ord. 879 N.S. § 4, 1976. Formerly 24.17.010].
24.68.020 Petition by property 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 community development department. The petition shall contain the information required by PGMC 24.68.040 and such other information as required by the community development director. [Ord. 09-005 § 37, 2009; Ord. 879 N.S. § 4, 1976. Formerly 24.17.020].
24.68.030 Council-initiated proceedings.
The city council, at the request of any person or on its own motion, which may be minute motion, may initiate proceedings to revert property to acreage. The city council shall direct the community development department to obtain the necessary information to initiate and conduct the proceedings. [Ord. 09-005 § 37, 2009; Ord. 879 N.S. § 4, 1976. Formerly 24.17.030].
24.68.040 Information required.
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 prescribed by PGMC 24.12.010; or
(f) A final map in the form prescribed by PGMC 24.16.030 which delineates dedications which will not be vacated and dedications required as a condition to reversion. [Ord. 09-005 § 37, 2009; Ord. 879 N.S. § 4, 1976. Formerly 24.17.040].
24.68.050 Fees.
Petitions to revert property to acreage shall be accompanied by a fee as established by resolution of the council. A different, higher, fee as established by resolution of the council, shall be paid if the proceedings are initiated pursuant to PGMC 24.64.030. Fees are not refundable. [Ord. 09-005 § 37, 2009; Ord. 1765 N.S. § 31, 1991; Ord. 879 N.S. § 4, 1976. Formerly 24.17.050].
24.68.060 Public hearing – Council approval.
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 city council 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 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 lot shown on the final or parcel map was filed for record.
The city council may require as conditions of the reversion:
(A) The owners dedicate or offer to dedicate streets or easement;
(B) 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. 09-005 § 37, 2009; Ord. 879 N.S. § 4, 1976. Formerly 24.17.060].
24.68.070 Return of dedication fees – Release of improvement securities.
Except as provided in PGMC 24.68.060, upon filing of the final map for reversion of acreage with the county recorder, all dedication fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the city council. [Ord. 09-005 § 37, 2009; Ord. 879 N.S. § 4, 1976. Formerly 24.17.070].
24.68.080 Delivery of final map to recorder.
After the hearing before the city council and approval of the reversion, the final map shall be delivered to the county recorder. [Ord. 09-005 § 37, 2009; Ord. 879 N.S. § 4, 1976. Formerly 24.17.080].
24.68.090 Effective date.
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. 09-005 § 37, 2009; Ord. 879 N.S. § 4, 1976. Formerly 24.17.090].