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)
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)