Sec. 33-76. Reversions to acreage by final map.
Subdivided property may be reverted to acreage pursuant to provisions of this Section.
a. Initiation of proceedings by 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 Public Works Director. The petition shall contain the information required by subsection (c) of this Section and such other information as required by the Public Works Director.
b. 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 Public Works Director to obtain the necessary information to initiate and conduct the proceedings.
c. Data for reversion to acreage.Petitioners shall file the following:
1.Evidence of title to the real property.
2.Evidence of the consent of all of the owners of an interest in the property; or
3.Evidence that none of the improvements required to be made have been made within two years from the date of 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
4.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.
5.A tentative map with the Planning Commission in the form prescribed by Section 33-55.
6.A final map in the form prescribed by Section 33-64 which delineates dedications which will not be vacated and dedications required as a condition to reversion.
d. Fees.A filing fee, in an amount set by resolution of the City Council, shall be submitted with a petition to revert property to acreage.
e. Proceedings before the City Council.A public hearing shall be held before the City Council on all petitions for initiations for reversions to acreage. Notice of the public hearings shall be given as provided in Section 66451.3 of the Government Code. The City Council may give such other notice as deemed necessary or advisable.
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.Either:
i.All owners of an interest in the real property within the subdivision have consented to reversion; or
ii.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
iii.No lots shown on the final or parcel map have been sold within five years from the date such map was filed for record.
3.The City Council may require as conditions of the reversion:
i.The owners dedicate or offer to dedicate streets or easements.
ii.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.
f. Return of fees, deposits; release of securities.Except as provided in subsection (e) above, 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.
g. 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.
h. 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. 3472 § 1, 2012; Ord. 3424 § 1, 2009)