South Lake Tahoe Municipal Code Art. III Street Abandonments

All applications for street abandonments shall be filed with the city engineer. Applications shall contain the following information:

A. The name, post office address and telephone number of the applicant.

B. The name, post office address and telephone number of the person to be contacted in connection with the application (if different from the applicant).

C. The assessor's parcel number, as known on the last available equalized assessment roll of the County of El Dorado, of property owned by applicant in the vicinity of the proposed abandonment.

D. The names and post office addresses of the property owners, other than the applicant, owning property abutting upon the portion of the street proposed to be abandoned, together with the assessment parcel number of such property, all as revealed by the last available equalized assessment roll of the County of El Dorado.

E. A description, by metes and bounds, prepared by a licensed surveyor or registered civil engineer, of the portion of the city street desired to be abandoned.

F. A map or plan showing the portion of the city street to be abandoned, drawn to a scale of not less than one inch to 40 feet.

G. Repealed.

H. An application for abandonment fee in the amount specified by SLTCC § 7.05.050.

(Ord. 489 § 1; Ord. 872 § 1; Code 1997 § 26-30)

The city engineer shall advise the following city departments upon receipt of an application, and such departments shall provide reports as designated:

A. The department of public works shall report on whether the proposed abandonment will have any adverse effect upon maintenance of remaining streets, upon pending or proposed public work projects, upon traffic flows or upon drainage.

B. The planning department shall report on whether the proposed abandonment will have any adverse effect upon the long-range street pattern for the city.

C. The fire department shall report on whether the proposed abandonment will have any adverse effect upon the ability of the department to respond to emergency calls in the area of the proposed abandonment.

D. The police department shall report on whether the proposed abandonment will have any adverse effect upon its ability to respond to emergency calls in the area of the proposed abandonment or upon its ability to control traffic in the area of the proposed abandonment.

E. Additionally, the city engineer shall advise:

1. All affected public utilities; and

2. Other necessary governmental agencies.

(Ord. 489 § 1; Code 1997 § 26-31)

Within five days after receipt of notification of an application, the planning director shall place the application on the agenda for the next planning commission meeting to be held not less than five days, and not more than 30 days, after such placement.

The planning commission shall determine whether the proposed abandonment will have an adverse effect upon the long range street pattern for the city and will conform with the adopted general plan. The planning commission shall forward its reports and determination to the city council.

(Ord. 489 § 1; Code 1997 § 26-32)

Within five days after receipt of an application, the city engineer shall transmit the application and all accompanying papers to the city clerk, who shall place the application upon the agenda for the next meeting of the city council to be held not less than five days, and not more than 30 days, after the abandonment application is reported upon by the planning commission.

(Ord. 489 § 1; Code 1997 § 26-33)

After considering the reports of the various departments and any other information it may deem appropriate, the council shall determine whether or not it intends to abandon the street or portion thereof. If it determines that it does intend to so abandon, the council shall adopt a resolution declaring its intention to do so, referring to the street or part thereof by its lawful or official name or the name by which it is commonly known and referring to a map or plan on file in the office of the city clerk for particulars as to the proposed vacation. The resolution of intention shall fix a time and place for hearing all persons interested in or objecting to the proposed vacation, which time shall not be less than 15 days from the date of the passage of the resolution, and shall be published or posted in the manner prescribed by law for the publishing or posting of ordinances of the city. Notices of street vacation shall be posted conspicuously along the line of the street or part thereof proposed to be vacated at least 10 days before the date set for hearing. Such notices shall be posted not more than 300 feet apart but at least three shall be posted. Such notices shall state the passage of the resolution of intention and the time and place of the hearing.

One or more streets, or parts thereof, whether contiguous or not, may be included and vacated under the same resolution of intention.

(Ord. 489 § 1; Code 1997 § 26-34)

The city council shall, on the day fixed for the hearing, or on the day to which the hearing is postponed or continued, hear the evidence offered by any person interested. If the city council finds, from all the evidence submitted, that any street or part thereof described in the resolution of intention is unnecessary for present or prospective public street purposes, the city council may make its order vacating such street or part thereof. Such order shall be by resolution and shall be on such terms and conditions as the council deems appropriate.

(Ord. 489 § 1; Code 1997 § 26-35)

The council may institute abandonment proceedings upon its own motion. As to such proceedings, the clerk shall notify the departments and entities designated in SLTCC § 7.05.330. The provisions of SLTCC § 7.05.340 and § 7.05.370 shall apply.

(Ord. 489 § 1; Code 1997 § 26-36)

In instances where "private property" has been encroached upon by city streets, it will be presumed that prescriptive rights in favor of the city have been perfected and the street abandonment provisions of this article shall apply; provided, that where it is clear that such prescriptive rights have not been perfected, city staff shall remove the encroachment.

(Ord. 489 § 1; Code 1997 § 26-37)