(A) Purpose. This section provides a process for eliminating the subdivision of previously subdivided lots and returning them to their original configuration.
(B) Initiation. Applications may be initiated in one of two ways:
(1) Petition by owners of record. Proceedings to revert subdivided property to acreage may be initiated by petition of all the owners of record of the property.
(2) Petition by City Council resolution. 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 Community Development Director to obtain the necessary information to initiate and conduct proceedings.
(C) Review authority. The Parcel Map Committee shall take action on all reversions to acreage.
(D) Application submittal.
(1) Required form. An application for a reversion to acreage shall be on a form approved by the Community Development Director.
(2) Application contents. The application shall include at a minimum:
(a) Evidence of title to the real property within the subdivision.
(b) A final map which delineates dedications which will not be vacated and dedications which are a condition to reversion.
(c) Other information and materials as necessary to enable the Parcel Map Committee to make all of the determinations and findings as required by this section.
(3) Preparer of map. The final map for the reversion to acreage shall be prepared by or under the direction of a land surveyor or civil engineer licensed to practice in the State of California. The California registration number of a registered civil engineer shall be 33965 or lower, pre-January 1982.
(4) Fees. The application shall be subject to the fees as set forth in the City of Tulare's Planning Fee Schedule.
(5) Contents. The application for reversion to acreage shall include, at a minimum:
(a) Contents meeting the submittal requirements for a tentative map, as determined necessary by the Community Development Director.
(b) Evidence of title to the real property.
(c) A final map in the form prescribed by this title which delineates dedications that will not be vacated and dedications required as a condition to reversion.
(d) Evidence of one of the following:
1. The consent of all of the owners of interest in the property.
2. None of the improvements required to be made have been made within two years from the date 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.
3. No lots shown on the final subdivision map or parcel map have been sold within five years from the date such final or parcel map was filed for record.
(6) Fees. The application shall be subject to a fee as set forth in the City of Tulare's Planning Fee Schedule.
(E) Application review.
(1) Initial review. The Community Development Director shall review a reversion to acreage application for completeness and accuracy before it is accepted as being complete and officially filed.
(2) Basis for determination. The Community Development Director acceptance shall be based on full compliance with the provisions of the Map Act and this chapter.
(3) Notification of applicant. Within 30 calendar days of application acceptance, the Community Development Director shall inform the applicant in writing that the application is complete and has been accepted for processing or that the application is incomplete and additional information is required.
(4) Review of complete application. The Community Development Director, in consultation with the City Engineer, shall review the complete application to verify compliance with the requirements of this chapter, the Map Act, the General Plan, specific plans, the Zoning Ordinance, and other applicable ordinances of the City of Tulare.
(F) Public notice and hearing.
(1) A noticed public hearing before the Parcel Map Committee is required for the approval of a reversion to acreage.
(2) Notice of the public hearing shall be given in compliance with § 8.24.080 (Public Notice).
(3) The public hearing shall be scheduled after the preliminary finding of exemption from CEQA or certification of an EIR or Negative Declaration.
(G) Findings. Subdivided property may be reverted to acreage only if the Parcel Map Committee finds 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.
(2) All of the following are true:
(a) All owners of an interest in the real property within the subdivision have consented to reversion.
(b) None of the improvements required to be 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, have been completed.
(c) No lots shown on the final or parcel map have been sold within five years from the date such map was filed for record.
(H) Conditions of approval. The Parcel Map Committee shall require the following as conditions of the reversion:
(1) Dedications or offers of dedication necessary for the purposes specified by city ordinance following reversion.
(2) Retention of all previously paid fees, deposits, or securities if necessary to accomplish the purposes of this chapter.
(I) Post-decision procedures.
(1) Appeals. The determination of the Parcel Map Committee may be appealed in compliance with § 8.24.080 of this chapter.
(2) Return of fees. Except as provided in elsewhere in this title, upon filing of the final map for reversion to acreage with the County Recorder, all unencumbered or unutilized fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the City Engineer.
(J) Effective date. A reversions to acreage becomes effective upon the final map being filed for record by the County Recorder.
(K) Alternatives procedures.
(1) For subdivisions of four or fewer contiguous lots with a single owner, a parcel map may be used to revert to acreage in compliance with Cal. Gov't Code § 66499.20.1.
(2) Subdivided lands may be merged and resubdivided without reverting to acreage by filing a new map over the old map in compliance with Cal. Gov't Code § 66499.20.1.
(Ord. 15-12, passed 12-15-2015)