Enter Procedure for Setting a General Vacation for Public Hearing Before the Board of Supervisors

A completed application and General Vacation package (available at the Records and Public Information Counter) is submitted to the Right-of-Way Section. Right-of-way staff reviews the package and recommends either acceptance or withdrawal. If withdrawal is recommended, the applicant may ignore staff's recommendation and request acceptance, at which time the fee is accepted, an abandonment number is issued, and a staff right-of-way processor assigned.

Staff researches, prepares a staff report, and routes it to the following County Departments:

Development Review / Plan Check

Flood Control - Subdivisions

Traffic Project Development

Traffic Operations Section - Highway Operations Division

Desert Office

Fire - Subdivisions

Building and Safety

The vacation is then placed on the next available Vacation Control Panel agenda. The Vacation Control Panel meets the third Thursday of every month.

Staff notifies all affected public utilities for possible objections to said vacation. Staff prepares a "Certificate of Petition to Vacate" (10 free folders signatures) per Streets and Highways Code Section #8321(a), and routes to the Registrar of Voters and the Assessor's Office for verification of signatures.

The vacation package is presented before the Vacation Control Panel. The panel can recommend approval, conditional approval, denial, or continuance. If continued, the applicant has one appeal to obtain a favorable recommendation from the Vacation Control Panel. If approved, conditionally approved, or denied, Right-of-Way Section staff prepares a report for the Planning Commission and places the vacation on the next available Planning Commission agenda.

Staff presents the vacation before the Planning Commission. The Planning Commission can recommend approval, conditional approval, denial, or continuance. If continued, the vacation will be brought back before the Planning Commission on specified upcoming agendas, until such time as it is approved, conditionally approved, or denied by the Planning Commission.

After approval by the Planning Commission, Right-of-Way Section staff will prepare a transmittal to the Board of Supervisors called a Form 11, a "Notice of Intent "Resolution, and a "Vacating..." Resolution, per Streets and Highways Code Section #8320, and submit these documents to County Counsel for review and approval.

Upon receipt of approval from County Counsel, the Form 11 is transmitted to the Director of Transportation for signature, then the Form 11, and Notice or Intent and "Vacating..." resolutions are placed on the next available Board of Supervisors agenda.

The "Notice of Intent" resolution goes before the Board of Supervisors and the vacation is set for public hearing. Public advertising shall occur at least fifteen days prior to said hearing, per Streets and Highways Code, Section #8322. Notices of the vacation shall be posted along the street being vacated, per Streets and Highways Code, Section #8323. Proof of the posting is witnessed by an affidavit signed by the person posting said notice, per Streets and Highways Code, Section #8317.

The vacation is presented at the public hearing before the Board of Supervisors, per Streets and Highways Code, Section #8324. At this time, the Board can continue, approve, conditionally approve, or deny the vacation. If continued, the vacation will be brought back before the Board in a specified upcoming agenda. If approved, the Clerk of the Board will record the "Vacating..." resolution, per Streets and Highways Code, Section #8325, and Right-of-Way Section staff will notify the applicant and appropriate agencies, as well as update Transportation Department records. If conditionally approved, the Clerk of the Board will retain the "Vacating..." resolution, until conditions have been satisfied. When conditions have been met, the procedure is the same as if the Board had approved the vacation.