16.14.060 Action on map.
A. Action by the Planning Commission. The community development director shall examine said application and supporting data for compliance with the requirements of this title and shall accept said application for filing when all requirements are met. Once the community development director accepts an application for filing, staff shall prepare a report and recommendation for planning commission consideration. The planning commission shall hold a public hearing to determine whether it is in the best interests of the area to approve such action, and within thirty days after filing shall forward its recommendations to the city council along with evidence of title and nonuse of streets and easements.
B. Action by the City Council. At its first regular meeting following receipt of the recommendation of the planning commission, the city council shall hold a public hearing to consider such request for reversion of subdivided land to acreage and if said council deems it to be in the best interest of the area, it may approve such request. The clerk of the city council shall certify any map approved by the city council by signing the certificate provided for on the map.
C. Findings for Approval. A request for reversion to acreage shall be approved if the dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes and one of the following findings can be made:
1. All owners of an interest in the real property within the subdivision have consented to reversion; or
2. None of the improvements required 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 the later; or
3. No lots shown on the final or parcel map have been sold within five years from the date such map was filed for record.
D. Conditions of Approval. A reversion to acreage request is subject to conditional approval through the tentative map review process. Conditions will be determined on a case-by-case basis, but shall include, if appropriate:
1. Dedications or offers of dedication;
2. Abandonment of streets according to procedures set forth in the Streets and Highway Code;
3. Retention of all previously paid fees; and
4. Retention of any portion of required improvement security or deposits made in guarantee of improvements which are necessary despite reversion of the property to acreage.
E. Any map filed for the purpose of reversion of subdivided land to acreage shall be conspicuously designed with the title, “The Purpose of This Map is a Reversion of Acreage.”
F. Within fifteen days after approval of the city council, said map shall be recorded in the county recorder’s office. (Ord. 2007-08 § 4 (Exh. A), 2007)