Chapter 16.40
REVERSIONS TO ACREAGE
Sections:
16.40.010 Reversions to acreage by final map.
16.40.020 Initiation of proceedings by owners.
16.40.030 Initiation of proceedings by city council.
16.40.040 Data for reversion to acreage.
16.40.050 Proceedings before the city council.
16.40.060 Conditions of reversion.
16.40.070 Return of fees and deposits – Release of securities.
16.40.080 Delivery of final map.
16.40.090 Effect of filing reversion map with the county recorder.
16.40.010 Reversions to acreage by final map.
Subdivided property may be reverted to acreage pursuant to the provisions of this chapter. (Ord. 101 Exh. A, 1989)
16.40.020 Initiation of proceedings by owners.
Proceedings to revert subdivided property 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 SBMC 16.40.040 and such other information as required by the city engineer. (Ord. 101 Exh. A, 1989)
16.40.030 Initiation of proceedings 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. (Ord. 101 Exh. A, 1989)
16.40.040 Data for reversion to acreage.
Petitioners for a reversion to acreage 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 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; or
E. A tentative map in the form prescribed by Chapter 16.12 SBMC; or
F. A final map in the form prescribed by Chapter 16.20 SBMC which delineates dedications which will not be vacated and dedications required as a condition to reversion. (Ord. 101 Exh. A, 1989)
16.40.050 Proceedings before the city council.
A. A public hearing shall be held before the city council on all petitions for, and city council initiations for, reversions to acreage. Notice of the public hearing shall be given as provided in Section 66451.3 of the Subdivision Map Act. The city engineer shall also mail a written notice to all property owners as shown on the latest equalized assessment rolls or persons in possession, if different, within a radius of 300 feet of the proposed project within the time limits as specified in Section 66451.3 of the Subdivision Map Act.
B. The city council may approve a reversion to acreage only if it finds and records in writing 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. All owners of an interest in the real property within the subdivision have consented to reversion; or
3. None of the required improvements to 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
4. No lots shown on the final or parcel map were filed for record. (Ord. 101 Exh. A, 1989)
16.40.060 Conditions of reversion.
The city council may require as a condition of the reversion:
A. The dedication or offer of dedication of streets or easements;
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 title. (Ord. 101 Exh. A, 1989)
16.40.070 Return of fees and deposits – Release of securities.
Except as provided in SBMC 16.40.060, upon filing of the final map for reversion of acreage with the county recorder, all fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the city council. (Ord. 101 Exh. A, 1989)
16.40.080 Delivery of final map.
After the hearing before the city council and approval of the reversion, the final map shall be delivered to the county recorder. (Ord. 101 Exh. A, 1989)
16.40.090 Effect of filing reversion map with the county recorder.
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. 101 Exh. A, 1989)