RIGHT OF WAY VACATIONS

Overview

A vacation, or abandonment as it is sometimes referred to as, is a procedure whereby property owners can extinguish public rights of way.  These rights of way include city streets, alleys and public service (i.e., water and sewer) easements.  Typically vacation requests occur when a right of way has established legally, but has never been improved in the manner for which it was created, but also may involve a developed street or alley.  The vacation process would allow for the right of way to revert back to the owners of the Aunderlying fee interest@ (typically adjoining parcels).

How to Apply

Application materials are available at the Community Development Department, Third floor, City Hall.  The department staff can assist you with the materials needed for a complete application packet.  Once you have put together a complete application packet, return the materials to the department for processing.

The Application Review Process

Step 1: Application acceptance/Department review

Once your application has been accepted and fees collected, the department staff will perform a preliminary review of the application to determine if the application is complete.  The review will focus on the request in order to accurately describe your project in the public notice and to the decision maker.  Should your application be found incomplete, you will receive a notice indicating what items must be submitted before processing can continue.

Step 2: Development Coordination Committee

The City of Eureka may submit any or all vacation/abandonment proposals to the City=s Development Coordination committee for review and input.  Development Coordination is an opportunity for you, the applicant, city departments, and public service agencies to all be involved, on an informal basis in the review process.  The committee which meets weekly, will determine if any Apublic need@ exists in maintaining the City right of way proposed for abandonment.

Step 3: Staff Review and Reporting

Once the Development Coordination Committee has concluded their review of the vacation, staff will prepare a written report to the Planning Commission.  The focus of the report will be to: âdescribe the status of the easement, and ãevaluate how the vacation conforms to the General Plan.  A copy of staff=s report including staff recommendations will be sent to you for review and comment.

Step 4: Public Notice and Hearing

Vacations must go through a two step hearing process.  The first step involves the mailing of a public notice to all property owners within 100 feet advertising a public hearing before the Planning Commission.  At the public hearing the Planning Commission will consider the vacation request and make a recommendation to the City Council.

The second step involves the review and hearing process before the City Council.  The Council has the power to order the vacation, order the vacation with conditions or reject the proposal.  The Council=s decision will be final.  If approved, and after any conditions have been complied with, a AVacation Order@ will be recorded by the City thereby legally eliminating the public right of way.

How to Get Help

If you are having difficulties preparing your application, call or visit the Community Development Department and discuss your project with the department staff.  If you are still confused over the application procedure, you may wish to hire a consultant; such as an engineer, land surveyor, or professional planner.  A listing of qualified professionals is available in the yellow pages of the phone directory.