The state Public Streets, Highways and Service Easements Vacation
Law, Streets and Highways Code Section 8300 et seq., and as subsequently
amended, provides the procedure followed by the city for the vacation
of public streets, lanes, alleys, courts or other places. For better
coordination of all departments of the city concerned with vacation
proceedings, the regulations contained in this chapter are promulgated.
(Prior code § 26-82)
No failure to comply with this chapter shall affect the validity
of any vacation proceeding.
(Prior code § 26-83)
A person who petitions the council to vacate a street or highway,
or close a street or highway to public use, or vacate a public service
easement shall file a petition with the public works department. A
petition must be accompanied by the appropriate fee or fees designated
in the city's Citywide Fee Schedule currently in effect or as later
amended, to defray all expenses of publication, notices and all engineering
or related services connected with the proposed vacation. A petition
will not be deemed complete until the fee or fees have been paid in
full.
(Prior code § 76-84; Ord. 5846 § 4, 2015)
A.
The
council may approve the report of the director of public works, adopt
a plan for the vacation and then order the vacation in the manner
provided in the Public Streets, Highways and Service Easements Vacation
Law, Streets and Highways Code Section 8300 et seq., or any successor
legislation, subject to conditions recommended in the report and further
conditions that the council may impose. If the council imposes one
or more conditions that the applicant cannot comply with within a
reasonable time, the vacation of the street, alley, walk or other
public way may be ordered subject to full compliance with the conditions
imposed. By permission of the council, performance of the conditions
must be guaranteed by an adequate corporate surety or cash bond posted
with the city.
B.
A motion
to set the date for the public hearing requires the city clerk to
give notice of the public hearing to all owners of real property located
within 300 feet of the proposed vacation. The notice must be sent
by first class United States mail not less than 10 days prior to the
date set for the hearing in the motion.
(Prior code § 26-88; Ord. 5846 § 5, 2015)
Nothing contained in this chapter shall be so construed as to
limit the powers of the council, and the council may, on its own motion,
initiate a proceeding to vacate any public street, lane, alley, court
or other place.
(Prior code § 26-89)
A.
The
director of community development, planning hearing officer or planning
commission will act as the planning agency in making a finding of
conformity with the general plan for a street, alley, walk, bridle
trail or paseo vacation application associated with development entitlements
under their purview. A finding of conformity with the general plan
will be made concurrently with consideration of development entitlements
or at a separate hearing of the planning commission and the finding
will be forwarded to the city council for consideration.
B.
A street,
alley, walk, bridle trail or paseo vacation under any one of the following
circumstances is deemed conforming with the general plan:
1.
The
disposition of the remainder of a larger remainder parcel which was
acquired and used in part for street purposes;
2.
An
acquisition, disposition, or abandonment for street widening; or
3.
An
alignment project, if the disposition for street widening purposes,
acquisition, disposition, or abandonment for street widening or alignment
project is of a minor nature.
(Prior code § 26-85; Ord. 5846 § 6, 2015)
