Chapter 16.120
REVERSION TO ACREAGE
Sections:
16.120.020 Initiation of proceedings.
16.120.030 Contents of petition.
16.120.040 Submittal of petition to the City Engineer.
16.120.050 Conditions of reversion.
16.120.060 City Council approval.
16.120.070 Filing with the office of the County Registrar/Recorder.
16.120.010 General.
Any subdivided property may be reverted to acreage pursuant to the provisions of the Subdivision Map Act and this chapter. Subdivisions also may be merged and resubdivided without reverting to acreage, under the provisions of this title. (Ord. 1091 § 5, 1996)
16.120.020 Initiation of proceedings.
(A) By Owners. Proceedings to revert subdivided property to acreage may be initiated by petition, in a form prescribed by the City Engineer, of all the owners of record of the property.
(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 initiate and conduct the proceedings and to notify all property owners affected. (Ord. 1091 § 5, 1996)
16.120.030 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 years from the date the final or parcel map was filed for recordation, or within the time allowed by agreement for completion of the improvements, whichever is later;
(D) A final or parcel map, in the form prescribed by this title, delineating dedications that will not be vacated and dedications required as a condition to reversion. Final or parcel maps shall be conspicuously designated with the following statement: “The Purpose of this Map is a Reversion to Acreage.” (Ord. 1091 § 5, 1996)
16.120.040 Submittal of petition to the City Engineer.
The final or parcel map for the reversion, together with all other data as required by the City Engineer, shall be submitted to the City Engineer for review. Upon finding that the petition meets with all the requirements of the Subdivision Map Act and this title, 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. (Ord. 1091 § 5, 1996)
16.120.050 Conditions of reversion.
The City Council may require as conditions of the reversion:
(A) That owners dedicate or offer to dedicate streets, public rights-of-way or easements, including easements or fee interest for flood control facilities;
(B) That all or a portion of previously paid fees, deposits or improvement securities be retained if the same are necessary to accomplish any of the purposes or provisions of this title, the City’s zoning ordinance, and other provisions of the Municipal Code;
(C) Payment of any additional fees necessary to accomplish any of the provisions of this chapter; or
(D) Such other conditions of reversion as are necessary to accomplish the purposes or provisions of this title or necessary to protect the public health, safety or welfare. (Ord. 1091 § 5, 1996)
16.120.060 City Council approval.
A public hearing shall be held by the City Council on all proposed reversions to acreage. Notice of the public hearing shall be given as provided in the City zoning ordinance. The City Council may approve a reversion to acreage only if it finds that:
(A) Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or future 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 recorded, or within the time allowed by agreement for completion of the improvements, whichever is later, or
(3) No lots shown on the final or parcel map or portion thereof have been sold within five years from the date such map was filed for record. (Ord. 1091 § 5, 1996)
16.120.070 Filing with the office of the County Registrar/Recorder.
Upon approval of the reversion to acreage, the City Clerk or City Engineer shall transmit the final or parcel map, together with the City Council resolution approving the reversion, to the office of the County Registrar/Recorder for recordation. Reversion shall be effective upon the filing of the final map with the office of the County Registrar/Recorder. Upon filing, all public dedications and offers of dedication for public purposes not shown on the final or parcel map shall be of no further force and effect. (Ord. 1091 § 5, 1996)