COUNTY OF RIVERSIDE TRANSPORTATION AND LAND MANAGEMENT AGENCY

Transcription

1 COUNTY OF RIVERSIDE TRANSPORTATION AND LAND MANAGEMENT AGENCY Juan C. Perez, P.E., T.E. Director of Transportation and Land Management Transportation Department Patricia Romo, P.E. Assistant Director of Transportation TO: FROM: RE: ALL SURVEYORS AND ENGINEERS RIVERSIDE COUNTY TRANSPORTATION DEPARTMENT, SURVEY DIVISION VACATION REQUIREMENTS 1. The Agreement for Payment of Costs must be completed and signed. 2. A legal description (signed and sealed by a licensed land surveyor or qualified registered civil engineer) of the proposed vacation area (see Map Manual, Section 7 for guidelines). 3. A plat (signed and sealed by a licensed land surveyor or qualified registered civil engineer) must be 8 1/2 x 11 in size, with a distinct border outlining the area to be vacated (see Map Manual, Section 7 for guidelines). 4. Transmittal cover sheet from surveyor/engineer/applicant with current address, phone number and A check or money order made payable to the County of Riverside in the amount of $1, % surcharge for an initial deposit of $1, Upon review of the application, we may determine that an additional deposit will be required if a general vacation is necessary. The 2% surcharge is non-refundable. If additional deposits are required to process this application, the applicant will be billed accordingly. Upon completion of the case, any remaining monies will be refunded in accordance with Riverside County Ord. 671.* 6. A properly completed vacation request information sheet. If the applicant is other than the property owner, a property owner authorization must also be completed by the property owner. 7. A properly completed, signed and notarized, property owner authorization from adjacent property owners, or any owners whose property may be affected. 8. An Easement for any existing utilities shall be reserved unless specifically requested not to be. If no existing utility easement is to be reserved, then completed abandonment clearance letters from public utility providers must be provided. *The approval/denial of the vacation is a discretionary action by the Board of Supervisors. Regardless of the Board actions, charges incurred are non-refundable.

2 Juan C. Perez, P.E., T.E. Director of Transportation and COUNTY OF RIVERSIDE TRANSPORTATION AND LAND MANAGEMENT AGENCY Transportation Department Land Management LAND USE and PERMIT APPLICATION PROCESSING AGREEMENT Agreement for Payment of Costs of Application Processing Survey Division TO BE COMPLETED BY APPLICANT: This agreement is by and between the County of Riverside, hereafter County of Riverside, and hereafter Applicant and Property Owner. This agreement is by and between the County of Riverside, hereafter County, and hereafter Applicant and Property Owner. Patricia Romo, P.E. Assistant Director of Transportation Applicant name/firm and Property Owner name/firm must match on page 2, Section 4, item 1. for Property Owner, and item 2. for Applicant. PROPERTY / PROJECT INFORMATION Date: PARENT CASE # (Fast Track, TR, PM, PP, CUP, PUP, MS): PROJECT NAME: DESCRIPTION (Map & Phase # / No. of Lots): LOCATION (Address and Cross Street Name(s)): APN(s): Please designate who to contact to discuss the project. Applicant Engineer Property Owner ENGINEERING FIRM (NAME AS IT APPEARS ON YOUR LETTERHEAD) ADDRESS CITY / STATE / ZIP CODE PHONE: FAX: CONTACT PERSON: (Last Name, First) ADDRESS: If your application is subject to Deposit based Fee, the following applies Section 1. Deposit-based Fees Purpose: The Riverside County Board of Supervisors has adopted ordinances to collect Deposit-based Fees for the costs of reviewing certain applications for land use review and permits. The Applicant is required to deposit funds to initiate staff review of an application. The initial deposit may be supplemented by additional fees, based upon actual and projected labor costs for the permit. County departments draw against these deposited funds at the staff hourly rates adopted by the Board of Supervisors. The Applicant and Property Owner are responsible for any supplemental fees necessary to cover any costs which were not covered by the initial deposit. Section 2. Applicant and Property Owner Responsibilities for Deposit-based Fee Applications A. Applicant agrees to make an initial deposit in the amount as indicated by County ordinance, at the time this Agreement is signed and submitted with a complete application to the County of Riverside. Applicant acknowledges that this is an initial deposit and additional funds may be needed to complete their case The County of Riverside will not pay interest on deposits. Applicant understands that any delays in making a subsequent deposit from the date of written notice requesting such additional deposit by County of Riverside, may result in the stoppage of work.

3 B. Within 15 days of the service by mail of the County of Riverside's written notice that the application permit deposit has been reduced to a balance of less than 20% of the initial deposit or that the deposit is otherwise insufficient to cover the expected costs to completion, the Applicant agrees to make an additional payment of an amount as determined by the County of Riverside to replenish the deposit. Please note that the processing of the application or permit may stop if the amount on deposit has been expended. The Applicant agrees to continue making such payments until the County of Riverside is reimbursed for all costs related to this application or permit. The County of Riverside is entitled to recover its costs, including attorney s fees, in collecting unpaid accounts that would have been drawn on the deposit were it not depleted. C. The Property Owner acknowledges that the Applicant is authorized to submit this agreement and related application(s) for land use review or permit on this property. The Property Owner also acknowledges that should the Applicant not reimburse the County of Riverside for all costs related to this application or permit, the Property Owner shall become immediately liable for these costs which shall be paid within15 days of the service by mail of notice to said property Owner by the County. D. This Agreement shall only be executed by an authorized representative of the Applicant and the Property Owner. The person(s) executing this Agreement represents that he/she has the express authority to enter into this agreement on behalf of the Applicant and/or Property Owner. E. This Agreement is not assignable without written consent by the County of Riverside. The County of Riverside will not consent to assignment of this Agreement until all outstanding costs have been paid by Applicant. F. Deposit statements, requests for deposits or refunds shall be directed to Applicant at the address identified in Section 4. Section 3. To ensure quality service, Applicant is responsible to provide one-week written notice to the County of Riverside Transportation and Land Management Agency (TLMA) Permit Assistance Centers if any of the information below changes. Section 4. Applicant and Owner Information 1. PROPERTY INFORMATION: Assessors Parcel Number(s): Property Location or Address: 2. PROPERTY OWNER INFORMATION: Property Owner Name: Phone No.: Firm Name: Address: 3. APPLICANT INFORMATION: Applicant Name: Phone No.: Firm Name: Address (if different from property owner) 4. SIGNATURES: Signature of Applicant: Date: Print Name and Title: Signature of Property Owner: Date: Print Name and Title: Signature of the County of Riverside, by Date: Print Name and Title: FOR COUNTY OF RIVERSIDE USE ONLY Application or Permit (s)#: Set #: Application Date:

4 COUNTY OF RIVERSIDE TRANSPORTATION DEPARTMENT- SURVEY DIVISON RIGHT OF WAY SECTION VACATION REQUEST INFORMATION COUNTY OF RIVERSIDE TRANSPORTATION DEPARTMENT SURVEY DIVISON P.O. BOX 1090 RIVERSIDE, CA ATTN: RIGHT OF WAY SECTION TYPE OF VACATION: (CHECK ONE) AB NO: DATE FOR COUNTY USE ONLY ROAD (NAME OF ROAD, IF ANY) W.O.: DRAINAGE EASEMENT ACCESS RESTRICTION OTHER APPLICANT: (CHECK ONE) OWNER ENGINEER/SURVEYOR OTHER (SPECIFY) NAME: ADDRESS: ZIP CODE: TELEPHONE: ( ) REASON FOR VACATION: ASSESSOR S PARCEL NO. ATTACH EXHIBIT SHOWING LOCATION AND LIMITS OF PROPOSED VACATION. DATED: APPLICANT S SIGNATURE PRINT OR TYPE NAME

5 PROPERTY OWNER AUTHORIZATION DATE NAME OF ROAD (IF ANY) OWNER S ASSESSOR PARCEL NUMBER COUNTY OF RIVERSIDE TRANSPORTATION DEPARTMENT P.O. BOX 1090 RIVERSIDE, CA ATTN: RIGHT-OF-WAY SECTION I/WE HEREBY REQUEST THE VACATION OF (DESCRIBE EASEMENT/DEDICATION TO BE VACATED): ADJOINING OUR PROPERTY. DATE SIGNATURE PRINT OR TYPE NAME DATE SIGNATURE PRINT OR TYPE NAME PLEASE SIGN NAMES AS THEY APPEAR ON THE GRANT DEED AND HAVE SIGNATURES ACKNOWLEDGED BY A NOTARY PUBLIC. COMMENTS:

6 FACTORS INVOLVED IN VACATING ROAD RIGHTS OF WAY: I. Road Rights-of-Way Dedicated and Accepted for Public Use 1. Internal and Area-wide Circulation, Access, and other Factors A. Will the proposed vacation eliminate all legal access to any real property? If so, the Transportation Department will recommend denial. B. Is the proposed road vacation shown as part of the circulation element of the General Plan of Riverside County? If so, the General Plan has to be amended before the vacation is considered. C. Will the proposed vacation interrupt the traffic patterns or general flow of circulation in the area? Will it affect emergency response? Will it create traffic operational or safety problems on adjacent road rights-of-way? D. Will the proposed vacation sacrifice a good physical access for a poor or impassable physical access? E. If the proposed vacation results in a dead-end road, a turn around area or a cul-de-sac may be required. The Fire Department may require secondary access or limit the length of the cul-de-sac. (Ord. 460, Art. III, Sec. 3.2, I) F. When considering vacating the right-of-way adjacent to undeveloped land, a minimum of 40 feet of right-of-way shall be retained when improvements are required. When improvements are not required a minimum right-of-way width of 30 feet for boundary streets shall be maintained. (Ord. 460, Art. III, Sec. 3.2, D, E) G. If the street to be vacated has been dedicated but not accepted for public use, the right to accept on behalf of the public will be vacated. H. If the proposed vacation is within 300 feet of any City Limits, Park or Recreation Area, the appropriate City Manager and appropriate Agencies will be notified. I. A vacation package containing a brief statement of the facts pertaining to the proposed vacation is routed to the following County Agencies: Transportation Planning/Development Review Flood Control Traffic Engineering Highway Operations Fire Planning

7 If there are no objections from any of the County Agencies, the right-of-way may be Summarily Vacated (no public hearing). If there is opposition or concerns from any County Agency, the vacation cannot be summarily vacated. If the applicant wishes to proceed with the vacation, additional fees will be required to upgrade the vacation request to a General Vacation. A General Vacation will require a public hearing held before the Planning Commission and the Board of Supervisors. Public hearing notices for the Planning Commission and the Board of Supervisors are advertised in local newspapers (Streets and Highways Code, Section 8322). The date for the Board of Supervisors public hearing is also posted at the vacation site by County staff (Streets and Highways Code, Section 8323). Staff may recommend denial of the vacation request at the public hearings. J. Notices of the proposed vacation and ballots pertaining to the proposed vacation are sent to all affected property owners. If there is no opposition from affected property owner(s) and County Departments, the Summary Vacation will be a consent item on the Board of Supervisor s Agenda. If there is opposition from any affected property owner(s), the right-of-way cannot be summarily vacated. If the applicant wishes to proceed with the vacation, the vacation request will be upgraded to a General Vacation (additional fees, etc.). If the vacation becomes a general vacation, a public notice will be printed in the local newspaper and the affected area in the field will be posted. Staff will not recommend denial based solely on property owner objections. K. Provisions for Utilities: To protect the rights-of-way of any existing public utilities from being vacated all Vacation Resolutions contain the following clause: Excepting and Reserving from the vacation an easement for any existing public utilities and public service facilities, together with the right to maintain, operate,

8 replace, remove or renew such facilities, pursuant to Section 8340 of the Streets and Highways Code. Therefore, proposed vacation notices are not sent to existing public utilities with the exception of SCE, which has requested that all pending vacations be routed for their review. 2. Internal and Adjacent Community Support for Proposed Enclosed (i.e. Gated) Communities. Vacation requests which will create enclosed communities: Notices and ballots are sent to all internal property owners and external property owners immediately surrounding the proposed enclosed community. If there is any opposition, the interior streets cannot be summarily vacated. If the applicant(s) wishes to upgrade the application to a General Vacation, additional fees and public hearings before the Planning Commission and the Board of Supervisors will be required. Vacating streets to create enclosed (Gated) communities may also require the need for CC&R s, Hold Harmless and/or Inverse Condemnation Agreements. II. County Maintained Roads: If the proposed road vacation is part of the County Maintained Road System, it may be necessary to terminate maintenance prior to/or concurrently with, the vacation. If the County has fee title to the affected street, or any portion thereof, the case will be transmitted to Building Services for appraisal and disposition subsequent to the vacation. In addition, all factors listed under I (1) apply to this type of Road right-ofway.