Chapter 11-9
REVERSIONS TO ACREAGE
Sections:
11-9-02 Initiation of proceedings by owners.
11-9-03 Initiation of proceedings by the Council.
11-9-04 Contents of petitions.
11-9-05 Submittal of petitions to the City Engineer.
11-9-07 Filing with the County Recorder.
11-9-01 General.
Subdivided property may be reverted to acreage pursuant to the provisions of this chapter and the Subdivision Map Act. This chapter shall apply to final maps and parcel maps.
11-9-02 Initiation of proceedings by owners.
Proceedings to revert subdivided property to acreage may be initiated by a 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 the Section 11-9-04 of this chapter and any other information as required by the City Engineer.
11-9-03 Initiation of proceedings by the Council.
The Council, at the request of any person or on its own motion, by resolution, may initiate proceedings to revert property to acreage. The Council shall direct the City Engineer to obtain the necessary information to initiate and conduct the proceedings.
11-9-04 Contents of petitions.
The petition shall contain, but not be limited to, the following:
(a) Evidence of title to the real property; and
(b) Evidence of the consent of all of the owners of an interest in the property; or
(c) Evidence that none of the improvements required to be made has been made within two (2) years after the date the final map or parcel map was filed for record, or within the time allowed by an agreement for the 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 (5) years after the date such final map or parcel map was filed for record; and
(e) A final map or parcel map on the form prescribed by Article 5 of Chapter 5, Article 5 of Chapter 6, or Chapter 7 of this title which delineates dedications which will not be vacated and dedications required as a condition to reversion. Final maps or parcel maps shall be conspicuously designated with the title, "The Purpose of this Map is a Reversion to Acreage"; and
(f) A deposit as required by the City Engineer toward processing and map-checking costs in accordance with the City's established fees and charges.
11-9-05 Submittal of petitions to the City Engineer.
The final map or parcel map for the reversion, together with all other data as required by this chapter, shall be submitted to the City Engineer for his review.
Upon finding that the petition meets with all requirements of this title and the Subdivision Map Act, the City Engineer shall submit the final map or parcel map, together with his report and recommendations of approval or conditional approval of the reversion to acreage, to the Council for its consideration.
11-9-06 Council approval.
A public hearing shall be held by the Council on all petitions for the initiation of reversions to acreage. Notice of the public hearing shall be given as provided in Section 11-5-301 of Article 3 of Chapter 5 of this title. The City Engineer may give such other notice as he deems necessary or advisable.
The Council may approve a reversion to acreage only if it finds and records by resolution 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) That all of the owners of an interest in real property within the subdivision have consented to reversion; or
(2) That none of the improvements required to be made has been made within two (2) years after the date the final map or parcel map was filed for record, or within the time allowed by an agreement for the completion of the improvements, whichever is later; or
(3) That no lots shown on the final or parcel map have been sold within five (5) years after the date such map was filed for record.
The Council may require as conditions of the reversion:
(a) That the owners dedicate or offer to dedicate streets, public rights-of-way, or easements;
(b) The retention of all or a portion of previously paid subdivision fees, deposits, or improvement securities if the sane are necessary to accomplish any of the provisions of this title; and
(c) The retention of any portion of the required improvement security or deposits if necessary to accomplish the purposes of this title, including the costs of processing reversions to acreage.
11-9-07 Filing with the County Recorder.
Upon approving the reversion to acreage, the City Engineer shall transmit the final map or parcel map, together with the Council resolution approving the reversion, to the County Recorder for recordation.
The 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 or parcel map for reversion shall be of no further force and effect.
All fees and deposits shall be returned and all improvement security released, except those retained pursuant to Section 11-9-06 of this chapter and the Subdivision Map Act.