16.16.040 Reversions to acreage.
This section establishes procedures for processing requests for reversions to acreage in accordance with Chapter 6, Article 1 of the Subdivision Map Act. Requests for reversions to acreage shall be reviewed and acted upon by the city council after a public hearing.
A. Initiation of Proceedings (Section 66499.12 of the Subdivision Map Act). Proceedings for reversions to acreage map may be initiated by either of the following:
1. By owner(s). A petition of all the owners of record in the form prescribed by and containing the information required by this section and the Subdivision Map Act.
2. By city council. A resolution of the city council at the request of any person or on its own motion.
B. Data Required for a Reversion to Acreage (Section 66499.13 of the Subdivision Map Act). The following data shall be provided:
1. Adequate evidence of title to the real property within the subdivision and one or more of the following:
a. Evidence of the consent of all the owners of any interest in the property; or
b. Evidence that none of the improvements required to be made have been made within two years from the date the parcel or final map was recorded, or within the time allowed by the improvement agreement, whichever is later; or
c. Evidence that no lots shown on the parcel or final map have been sold within five years from the date the map was recorded.
2. A parcel or final map shall be provided with the petition, prepared in accordance with this title, which delineates the dedications which are not proposed to be vacated, as well as any dedications which are required as a condition of the proposed reversion to acreage.
C. Fees. All petitions for reversion to acreage shall be accompanied by the applicable fees for processing; such fees are nonrefundable. Fees for a reversion to acreage through resolution of the city council shall be paid by the person requesting such resolution.
D. Required Findings for Approval (Section 66499.16 of the Subdivision Map Act). Subdivided real property may be reverted to acreage only if the city council finds that:
1. Dedications or offers of dedication to be vacated or abandoned are unnecessary for present or prospective public purposes; and
2. Either:
a. All owners of 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 parcel or final map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or
c. No lots shown on the parcel or final map have been sold within five years from the date such map was filed for record.
E. Required Conditions of Approval. As conditions of reversion to acreage the city shall require:
1. Dedications or offers of dedication necessary for the public purposes specified in the general plan, municipal code or other applicable ordinance.
2. Retention of all previously paid fees if necessary to accomplish the purpose of this chapter.
3. Retention of any portion of required improvement security or deposits if necessary to accomplish the purpose of this title.
F. Filing Reversion Map with County Recorder. The proposed reversion to acreage shall be effective upon the recording of the parcel or final map by the county recorder.
G. Return of Fees, Deposits; Release of Securities. When a reversion to acreage is effective, all fees and deposits shall be returned and all improvement security released, except those retained in accordance with subsection C of this section. (Ord. 1729 § 4 (Exh. A), 2023)