Chapter 12.25 — CLOSING OF STREETS WITHOUT VACATION

Pursuant to the requirements of this chapter, the city council may completely or partially close any street to vehicular traffic by making one of the findings specified in Section 12.25.080, below, according to the procedures established under this chapter. As used in the chapter, "streets" shall include alleys, highways, and any public easements for transportation purposes but shall not include any portion of a street which is included in the county or state highway system. Closings under this chapter shall be without vacation of said street pursuant to the state Public Streets, Highways and Service Easements Vacation Law and without change to the nature or scope of the city's property interest therein.

(Ord. 6603 § 2 (part), 1994)

Nothing in this chapter shall be construed to permit a closing for the purpose of providing selective access to a street or to permit any other street closing prohibited by law.

(Ord. 6603 § 2 (part), 1994)

A closing may be proposed upon the motion of the city council, upon recommendation of the director of public works and transportation ("director") or upon a petition to the city council pursuant to Section 12.25.050, below. Any proposed closing shall be submitted to the planning commission for report as specified in subsection F of Section 12.25.050, below.

(Ord. 6603 § 2 (part), 1994)

A.

The owners of two-thirds of the total number of lots abutting the street or portion thereof proposed for closing may petition the city council to close a street under this chapter.

B.

The petition shall set forth the legal description of the street or portion thereof to be closed, and the facts to support the need for and the benefits of the proposed closing.

C.

The address and property interest of each petitioner shall be set forth in the petition.

D.

The city council may require the payment of a fee, specified by resolution, for filing a petition and for fees to defray the expenses of investigating and processing the proposed closing, including without limitation, verification of the legal description of the street or portion thereof to be closed, identifying all property owners of record abutting the street or portion thereof to be closed and mailings, publications, and posting under this chapter. All fees shall be paid upon filing an application; however, the amount of fees allocated for expenses after adoption of a resolution of intention are refundable should the city council fail to adopt such a resolution. Once a resolution of intention is adopted, no fees shall be refundable whether a street is closed or not. No fees shall be assessed for closings proposed on the motion of the city council or upon recommendation of the director.

E.

Upon filing of the petition and payment of the fee, if any, required under this section, the petition shall be referred to the director to verify the information therein.

F.

A petition which conforms to the requirements of this section, or a closing proposed by the city council or the director, shall be referred in writing to the planning commission for report and recommendation, with a requested time frame of no later than 90 days from the date referred. At a minimum, the information included in Section 12.25.060(B)(3), below, shall be sent to the planning commission for consideration.

(Ord. 6603 § 2 (part), 1994)

A.

After report and recommendation of the planning commission, or failure to report and recommend within 90 days of the date referred, the city council may take no action or may adopt a resolution of intention to close without vacating.

B.

The resolution of intention shall include all of the following:

A declaration of the intention of the city council to close;

A statement that the proceeding is conducted under this chapter;

A description of the general location and the extent of the street to be closed, the extent of the closing, including whether it is a partial or complete, permanent or in effect only during specified hours, the nature and proposed configuration of any roadway design features, and a reference to a map or plan, which shows both the portion or area to be closed and the legal description thereof, on file in the office of the director of public works and transportation. The description shall include the lawful or official name of the street or the name by which it is commonly known;

A statement that the proposed closing is not inconsistent with the city's title, interest or estate in the underlying public right- of-way;

A statement that the proposed closing does not destroy all potential egress from any parcel abutting the street to be closed, or that the owner of all such parcels consents thereto;

The date, hour, and place for hearing all persons interested in the proposed closing. The date shall be no sooner than 20 days from the adoption of the resolution.

C.

The resolution of intention shall be published and posted as set forth in this chapter.

(Ord. 6603 § 2 (part), 1994)

A.

The director shall cause the resolution of intention to be published at least once per week for two successive weeks prior to the hearing and in a newspaper of general circulation in the city.

B.

At least 15 days before the day set for the hearing, the director shall cause copies of the resolution of intention to be posted conspicuously along the line of the street proposed to be closed. Copies of the resolution of intention shall be posted not more than 150 feet apart. In any event, at least three copies of the resolution of intention shall be posted.

C.

At least 10 days before the day set for hearing, the director shall cause the resolution of intention to be mailed to all property owners of record abutting the portion of the street to be closed.

(Ord. 6603 § 2 (part), 1994)

Proof of publication of a notice shall be made by affidavit. Proof of the posting and mailing of a notice shall be made by affidavit of the persons posting and mailing it, reciting the facts of the posting and mailing, and filing of the affidavit in his or her office. Failure to do so does not invalidate proceedings under this section. An affidavit so filed is prima facie evidence of the facts stated therein.

(Ord. 6603 § 2 (part), 1994)

A.

At the hearing, the city council shall hear the evidence offered by any interested persons.

B.

If the city council finds, from all the evidence submitted, (1) that the street described in the resolution is not presently needed for vehicular traffic; or (2) that prohibiting entry to or exit from such street by means of islands, curbs, traffic barriers, or other roadway design features implements the mobility element of the general plan; or (3) that closings in effect only during scheduled hours are necessary for the safety and protection of persons who are to use that portion of the street during such closings, the city council may then adopt a resolution closing the street. The city council may also adopt a resolution of closing on the basis of any other finding authorized by law. The resolution of closing shall contain, at a minimum, the information contained in subdivisions 1, 2, 3 and 4 of subsection B of Section 12.25.060, and may provide that the closing occur only after conditions required by the city council have been satisfied and may instruct the clerk that the resolution of closing not be recorded until the conditions have been satisfied.

(Ord. 6603 § 2 (part), 1994)

A.

The clerk shall cause a copy of the resolution of closing to be recorded in the office of the county recorder.

B.

Upon such recordation, the closing is complete.

(Ord. 6603 § 2 (part), 1994)

The same procedure undertaken to close the street shall be taken to reopen closed streets or to modify features of a closing. The resolution in a procedure to close shall be entitled resolution to reopen or resolution to modify features of closing.

(Ord. 6603 § 2 (part), 1994)