Chapter 16.08 — ABANDONMENTS AND VACATIONS

(A) The purpose of this chapter is to establish a uniform procedure relating to the vacation and abandonment of city streets, alleys, easements and other nonfee interests which the city may have in real property, but not to easements or land held in fee for park and recreation use.

(B) The provisions of Cal. Streets and Highways Code §§ 8300 et seq. shall be followed with regard to the abandonment of public streets, alleys, lanes or courts; Cal. Streets and Highways Code §§ 8300 et seq. shall be followed with regard to the vacation of other easements or special purpose easements dedicated to the city. (Ord. 2722, passed - -1990; Ord. 2787, passed - -1991)

(A) Any person desiring an abandonment or vacation of a street or easement under the provisions of this chapter shall file a request with the Development Services Department on a form supplied by the Director of Development Services.

(B) (1) Such request shall be accompanied by a fee in the amount specified in Title 21 of this code.

(2) The applicant shall also provide copies of a legal description of the area to be abandoned or vacated, along with a vicinity map and detailed sketch of the area to be abandoned or vacated.

(C) The description, map and sketch shall be provided in the quantity as specified by the Director of Development Services.

(Ord. 2722, passed - -1990)

Each such sketch filed with the abandonment request shall contain the following information:

• (A) An engineering drawing of the area being vacated or abandoned which corresponds to the legal description;

• (B) Abandonment number;

• (C) Name and address of the applicant and the name and address of the owner or owners of property abutting the street or easement;

• (D) Name and address of registered civil engineer, licensed surveyor or title company who prepared map and legal description; and

• (E) North point, scale and date of preparation.

• (Ord. 2722, passed - -1990)

The legal description shall be by metes and bounds or by other standard description nomenclature approved by the City Engineer for this purpose.

• (Ord. 2722, passed - -1990)

Copies of the legal description, map and sketch shall be distributed by the Director of Development Services to all appropriate departments and agencies with comment solicited.

(Ord. 2722, passed - -1990)

(A) (1) At the first regular meeting of the Planning Commission held following receipt of comments from staff and interested parties, the request shall be presented to the Planning Commission for its consideration and recommendation.

(2) The Planning Commission may recommend approval, approval conditioned upon the completion of certain requirements or denial.

(B) The Planning Commission may also recommend the reservation of certain uses or easements from the area being considered for abandonment or vacation. The final recommendation from the Planning Commission shall be in the form of a written resolution which shall be forwarded to the City Clerk upon its passage and adoption. (Ord. 2722, passed - -1990)

(A) Upon receipt of the Planning Commission recommendation, the City Clerk shall set the matter before the Council for its consideration. At the meeting, the Council shall discuss the matter and shall pass a resolution of intention to abandon or vacate the easement or right-of-way in question.

(B) The resolution shall describe the area to be abandoned or vacated and shall set the time and place at which a public hearing on the matter will take place, which time shall be not less than 15 days from the passage of the resolution of intention. Notice shall be given of the meeting in the manner prescribed by law. At the public hearing, all interested parties shall be heard, and if the City Council finds, from all evidence submitted, that the street, easement or right-of-way or any portion thereof is unnecessary for present or prospective public use or purpose, the City Council may make its order, in resolution form, vacating and abandoning same. A certified copy of the resolution ordering the abandonment or vacation shall be recorded in the office of the County Recorder upon the completion of any conditions made by the Council, or, if there are none, within a reasonable period after the public hearing. (Ord. 2722, passed - -1990)

At any time before final Council action upon an application for a vacation or abandonment, the applicant may withdraw any or all requests contained therein. In such event, all proceedings pertaining to all requests so withdrawn shall be forthwith terminated.

(Ord. 2722, passed - -1990)

No application for a vacation or abandonment shall be filed within six months from the filing of a substantially identical application which has been denied other than by a denial without prejudice. A dismissal, withdrawal or denial without prejudice of any such application shall not prevent it from being refiled at any time. (Ord. 2722, passed - -1990)

When an applicant files a written request with the Planning Commission for the dismissal or withdrawal of his or her application for a vacation or abandonment, all proceedings thereupon shall be then terminated, and such fees as he or

she has paid to file such application less city expenses to date, shall be refunded to him or her. (Ord. 2722, passed - -1990)