Chapter 18.88 - Vacations

Sections:

18.88.010 - Purpose of Chapter
18.88.020 - Applicability
18.88.030 - Findings and Decision

18.88.010 - Purpose of Chapter

This Chapter establishes procedures for the review, and approval or denial of the vacation of streets and public easements and the release of covenants of easements, which is required by State law and the Town to ensure that the street or easement is not necessary for present or prospective public use.

18.88.020 - Applicability

Any and all requests for the abandonment, vacation, and/or release of streets and public easements shall be evaluated in compliance with this Chapter.

18.88.030 - Findings and Decision

A request for the vacation of a street or public service easement or the release of a covenant of easement shall be reviewed and processed in compliance with this section.

A. Minor street vacation. A request for the vacation of a street may be approved, with or without conditions, by the Town Council by resolution without public hearing or notice only if the conformity of the request with the General Plan has been considered and one of the following findings can be made:

1. The street has been superseded by relocation of the street and utilities; the relocation of the street would not cut off all access to a person's property which, prior to relocation, adjoined the street; and the street is not necessary for present or prospective public use;

2. The street has been impassable for vehicular traffic for a period of five consecutive years, no public money was expended for maintenance on the street during such period, there are no in-place public utility facilities that are in use or would be affected by the vacation, and the street is not necessary for present or propsective public use; or

3. The excess right-of-way of the street is not required for street purposes, there are no in-place public utility facilities that are in use or would be affected by the vacation, and the excess right-of-way is not necessary for present or prospective public use.

The resolution of summary vacation shall be recorded by the Town with the Office of the County Recorder.

B. Minor public service easement vacation. A request for the vacation of a public service easement may be approved, with or without conditions, by the Town Council by resolution without public hearing or notice only if the conformity of the request with the General Plan has been considered and one of the following findings can be made:

1. The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the requested vacation, and the easement is not necessary for present or prospective public use;

2. The date of dedication or acquisition of the easement is less than five years, and more than one year, immediately preceding the requested vacation, the easement was not used continiuously since that date, and the easement is not necessary for present or prospective public use; or

3. The easement has been superseded by relocation, there are no other public facilities located within the easement, and the easement is not necessary for present or prospective public use.

The resolution of summary vacation shall be recorded by the Town with the Office of the County Recorder.

C. Major street and public service easement vacation. A request for the vacation of a street or public service easement not meeting the requirements of Subsections A. and B. may be approved, with or without conditions, by the Town Council by resolution if all of the findings can be made:

1. The request was considered at a public hearing and noticed in accordance with the requirements of Sections 8322 and 8323 of the Streets and Highways Code;

2. The request was referred to the Planning Commission for their review, and the Commission reported on the conformity of the request with the General Plan;

3. The street or public service easement is not necessary for present or prospective public use.

The resolution of summary vacation shall be recorded by the Town with the Office of the County Recorder.

D. Release of covenant of easement. A covenant of easement may be released, with or without conditions, by the review body if all of the findings can be made:

1. A public hearing was held and noticed in accordance with Chapter 18.180 (Public Hearings) to consider the release of the covenant of easement;

2. The covenant of easement and the restriction on the property are no longer necessary to achieve the land use goals of the Town, and the approval of the release is consistent with the General Plan, any applicable specific plan, the Trails Master Plan, and the Particulate Matter Air Quality Management Plan.

The release may be effected either by the Zoning Administrator, Planning Commission, or Council, depending upon which review body imposed the requirement of the covenant. A notice of the release of the covenant of easement shall be recorded by the Town Clerk with the Office of the County Recorder.