§ 4-4.701. Reversion to Acreage.

Subdivided property may be reverted to acreage pursuant to provisions of this article.

(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 contain the following information and such other information as required by the Secretary of the Planning Commission:

(1)

Evidence of title to the real property; and

(2)

Evidence of the consent of all the owners of an interest in the property; or

(3)

A tentative map or a final map in the form prescribed by Section 4-4.602 which delineates dedications which will not be vacated and dedications required as a condition to reversion.

(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 Secretary of the Planning Commission to obtain the necessary information to initiate and conduct proceedings.

(c)

Proceedings. 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 pubic hearings shall be given as provided in Section 66451.3 of the Government Code. The City Council may give such other notice that it deems necessary or advisable. Prior to City Council consideration of the reversion to acreage and the holding of a public hearing the City Council may refer the proposed reversion to acreage to the Planning Commission for a report and recommendation.

(d)

Approval. 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;

(ii)

None of the improvements required to be made have been made within two (2) 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 (5) years from the date such map was filed for record.

(e)

Conditions. The City Council may require as conditions of reversion:

(1)

That the owners dedicate or offer to dedicate streets or easements.

(2)

The retention of all or a portion of previously paid subdivision fees, deposits, or improvements securities, if the same are necessary to accomplish any of the provisions of this chapter.

(f)

Return of Original Deposit; Release of Securities. Except as provided in subsection (e) of this section, upon filing of the final map for reversion to acreage with the County Recorder, all original deposits shall be returned to the subdivider and all improvement securities shall be released by the City Council.

(g)

Recording 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. The reversion to acreage 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.

(h)

Parcel Map. The Planning Commission may approve a parcel map in accordance with the provisions of Article 5 of this chapter for the purpose of reverting to acreage land previously subdivided and consisting of four (4) or less contiguous parcels under the same ownership. Any parcel map so submitted shall be accompanied by evidence of title and nonuse or lack of necessity of any streets or easements which are to be vacated or abandoned. Any streets or easements to be left in effect after the reversion shall be adequately delineated in the parcel map. The filing of the parcel map in the office of the County Recorder shall constitute legal reversion to acreage of the land affected thereby, and shall also constitute abandonment of all streets and easements not shown on the map. The filing of the parcel map shall also constitute a merger of the separate parcels into one parcel.

(Ord. 1041-N.S., amended by Ord. 1436-C.S., Ord. 1437-C.S., and Ord. 1637-C.S., effective 9-14-77)