Willits Municipal Code Ch. 12.10 Right-of-Way Abandonment

A request for the abandonment of a public right-of-way may be granted subject to conditions, or denied by the city council, pursuant to Public Streets, Highways, and Service Easements Vacation Law (California Streets and Highways Code, Section 8300, et seq).

(Ord. No. 2023-01, § 2, 3-8-23)

Application for the abandonment of a public right-of-way shall be filed at the office of the city clerk upon a form provided and shall be accompanied by such information as may be required to describe fully and support the area proposed for abandonment.

(Ord. No. 2023-01, § 2, 3-8-23)

A. Upon receipt of such application, the city clerk shall set the matter for public hearing as directed by the council. Notice of the time and place of the hearing shall be given at least ten calendar-days before the hearing, by prepaid U.S. mail notices to owners of property within five hundred feet of the right-of-way to be abandoned, using addresses from the last assessment roll, by publication once in a newspaper of general circulation in the city, and by posting such notice in conspicuous places on or close to the property affected.

B. The notice shall include a general explanation of the matter to be considered and a general description of the area affected.

(Ord. No. 2023-01, § 2, 3-8-23)

Within thirty days of the conclusion of the hearing, the city council shall act on the matter. The city council, before granting the abandonment of a right-of-way, shall make all of the following findings:

A. The abandonment is within the city's jurisdiction and is determined to be unnecessary for present or prospective public use;

B. The abandonment is in conformity with and does not adversely affect the general plan and any adopted special or area plan applicable to the project location;

C. The abandonment is in the public interest through the improved utilization of land; and

D. The public interest for which the public right-of-way was originally acquired will not be detrimentally affected by the abandonment.

E. The conditions established by the council for the abandonment are deemed necessary to protect the public health, safety and general welfare.

(Ord. No. 2023-01, § 2, 3-8-23)

Any abandonment of a public right-of-way granted under this chapter shall become null and void if not exercised within the time specified in such approval, if no date is specified, within two years from date of approval.

(Ord. No. 2023-01, § 2, 3-8-23)

An application for renewal shall be filed prior to the expiration date of an approval. Said application shall be filed in accordance with those provisions as established in this chapter. The fee for such request shall be that as established by resolution of the city council.

(Ord. No. 2023-01, § 2, 3-8-23)

In any case where the terms and conditions to the granting of an abandonment are not complied with, the city council shall give notice to the holder of such approval of its intention to revoke the same. Proceedings for the revocation of an approved abandonment shall be conducted in the same manner as proceedings for action on the application therefor.

(Ord. No. 2023-01, § 2, 3-8-23)