Chapter 17.55 REVERSION TO ACREAGE

Chapter 17.55
REVERSION TO ACREAGE

Sections:

17.55.020 Initiating proceedings.

17.55.030 Form of petition.

17.55.040 Council hearing and determination.

17.55.010 General.

Property which has been subdivided may be reverted to acreage under the Subdivision Map Act and this chapter. (Govt. Code § 66499.11) A subdivision may be merged or merged and resubdivided without reverting to acreage, under PHMC Chapter 17.60. (Govt. Code §§ 66499.20 1/2, 66499.20 3/4) (Ord. 752 § 32-11.1, 2000; 1991 code § 32-11.1)

17.55.020 Initiating proceedings.

Proceedings for reversion to acreage may be initiated by either: (Govt. Code § 66499.12)

A. The city council on its own motion, in which case the council shall direct the zoning administrator to obtain the necessary information; or

B. Petition of all of the owners of record of the real property within the subdivision. The petition shall comply with PHMC § 17.55.030 and shall be submitted to the zoning administrator. (Ord. 752 § 32-11.2, 2000; 1991 code § 32-11.2)

17.55.030 Form of petition.

The petition shall contain the following: (Govt. Code §§ 66499.13, 66499.20 1/4)

A. Adequate evidence of title to the property;

B. Sufficient data to enable the city council to make the determinations and findings set forth in PHMC § 17.55.040;

C. A final or parcel map, in the form prescribed by PHMC § 17.30.040, delineating dedications that will not be vacated and dedications required as a condition to reversion. Such a final or parcel map shall be conspicuously designated with the title, “The Purpose of this Map is a Reversion to Acreage”; and

D. Such other relevant information as the city may require. (Ord. 752 § 32-11.3, 2000; 1991 code § 32-11.3)

17.55.040 Council hearing and determination.

A. The zoning administrator shall submit the completed petition together with a report and recommendation to the city council for consideration.

B. The city council shall consider the matter at a public hearing, with notice of the hearing given in accord with PHMC § 17.20.050. (Govt. Code § 66499.15)

C. The city council may approve a reversion to acreage only if it finds and records by resolution 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 having 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 or portion thereof have been sold within five years from the date such map was filed for record. (Govt. Code § 66499.16)

D. The city council may require as conditions of the reversion:

1. That owners dedicate or offer to dedicate streets, public rights-of-way or easements;

2. That all or a portion of previously paid subdivision fees, deposits or improvements securities be retained if they are necessary to accomplish any of the purposes or provisions of this chapter; and

3. 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. A tax bond is not required. (Govt. Code §§ 66499.17, 66499.20) (Ord. 752 § 32-11.4, 2000; 1991 code § 32-11.4)

17.55.050 Recording.

If the city council approves the reversion, the city clerk shall transmit the final or parcel map, together with the council resolution, to the county recorder.

Upon such filing, the reversion is effective and all dedications and offers of dedication not shown on the map are terminated. (Govt. Code § 66499.18) (Ord. 752 § 32-11.5, 2000; 1991 code § 32-11.5)