Lomita Municipal Code Ch. 6 Closure of City Streets

The requirements and procedures of this chapter shall apply to all applications for closure or partial closure of any city street.

(Ord. No. 380, § 1, 1-7-85)

An application for the closure or partial closure of any city street may be made by any person who is a resident of the city, or an owner of property within the city. The application shall fully describe the location of the closure, properties and persons affected by the closure, the method by which the closure is to be accomplished, and shall be accompanied by a detailed site plan of the street and the proposed method of closure. The application shall also state a proposed plan for financing the closure of the street. An application shall be accepted for filing by the city clerk only upon payment by the applicant of a filing and processing fee in a sum set by resolution of the city council. Any applicant may, in writing, withdraw the request at any time during the processing of such request; however, there shall be no refund of any fees paid in connection therewith.

(Ord. No. 380, § 1, 1-7-85)

Applications to close or partially close a city street shall be processed in the manner set out in sections 8.6.04 through 8.6.09.

(Ord. No. 380, § 1, 1-7-85)

Notice of the time and place of hearings on any applications for the closure or partial closure of a city street shall be given as follows:

(a) Publication. By publication of the notice in a newspaper of general circulation, at least ten (10) days in advance of the hearing; and

(b) Content. Such notices shall describe the proposed closure or partial closure to which the same relates and shall contain a brief description of the nature of the request or of the proceeding, and shall specify the date, time and place of such hearing.

The council may require additional notices to be given as it may deem appropriate.

(Ord. No. 380, § 1, 1-7-85)

The traffic commission and council shall conduct noticed public hearings on each such application in the time and manner prescribed herein.

(Ord. No. 380, § 1, 1-7-85)

After conducting a noticed public hearing, which may be continued from time to time, on any proposed closure or partial closure of a city street, the traffic commission shall, within sixty (60) days after the public hearing is closed, based on the evidence presented, and after considering the requirements of section 8.6.07, take one of the following courses of action by resolution:

(a) Recommend to the city council that the request be granted or conditionally granted; or

(b) Recommend to the city council that the request be granted or conditionally granted in part, and denied in part; or

(c) Recommend to the city council denial of the request.

The resolution shall be adopted by not less than a majority of its total voting members and shall be forwarded to the city council.

(Ord. No. 380, § 1, 1-7-85)

Upon receipt by the city clerk of a traffic commission recommendation relating to the closure or partial closure of a city street, the city clerk shall give the same type of notice of hearing before the council, as is required for the hearing before the traffic commission. The council shall conduct a de novo hearing upon such matter, and shall determine whether such closure or partial closure of the city street at issue satisfies the following conditions:

(a) That the closure or partial closure of the city street at issue serves to implement the circulation element of the general plan adopted by the city as required by state law; and

(b) That the closure or partial closure of the city street at issue does not create problems inimical to the public health and safety.

The city council may approve, modify or disapprove by resolution the recommendation of the traffic commission. The decision of the city council shall be final and conclusive in all cases.

(Ord. No. 380, § 1, 1-7-85)

Following the adoption of the resolution by the city council, the city clerk shall mail a copy thereof to the applicant.

(Ord. No. 380, § 1, 1-7-85)

Inadvertent failure to give notice in the manner prescribed in this chapter shall have no effect upon any proceeding before the traffic commission or the city council.

(Ord. No. 380, § 1, 1-7-85)