San Joaquin County Municipal Code Ch. 9 Prohibition or Restriction of Vehicular or Pedestrian Traffic to or Through…

Pursuant to the authority granted in Section 21102.1 of the Vehicle Code of the State of California, the Board may authorize the prohibition or restriction of vehicular or pedestrian traffic to or through any alley, by means of gates, barriers or other control devices, upon resolution of the Board, when the Board determines that such prohibition or restriction of vehicular or pedestrian traffic to or through any alley is necessary for the protection or preservation of the public peace, safety, health or welfare, subject to the following conditions:

(a) Access shall be provided to utility vehicular or pedestrian traffic in order that the utility may maintain, operate, replace, remove or renew existing and functioning utility facilities.

(b) Access shall be provided for the delivery of freight by commercial vehicles.

(c) Access shall be provided in a manner that does not adversely affect the operation of emergency vehicles or the performance of municipal services.

(d) Restriction of access shall not be permitted to certain members of the public to the alley, while permitting others unrestricted access to the alley.

(e) Any permit application for the prohibition or restriction of vehicular or pedestrian traffic to or through any alley shall be accompanied by a petition which has been signed by eighty percent (80%) of the property owners along the alley frontage favoring this action.

(f) The costs for the construction, installation and maintenance of any gates, barriers or other control devices under this section shall be the responsibility of the permittee.

(g) Gates, barriers and other control devices to be installed under this chapter shall conform to Department of Public Works standards.

(h) The restriction of vehicular or pedestrian traffic through any alley shall not be enforceable until appropriate signs giving notice of the restriction are posted at every entrance to the alley.

(Ord. 3888 § 2 (part), 1996)

The Review Authority pursuant to this chapter means the Director of Public Works or his designee.

(Ord. 3888 § 2 (part), 1996)

All permit applications for prohibition or restriction of vehicular or pedestrian traffic to or through any alley in the unincorporated areas of the County shall be processed by the Review Authority to determine whether the application conforms to the conditions in Section 10-2800. Upon payment by applicant of the fees stipulated in Section 10-2805, the Review Authority shall provide a recommendation to the Board for approval or denial of the permit application, based on whether the permit application is in conformance with Subsections (a) to (h) of Section 10-2800, within thirty (30) days after receipt of the permit application.

(Ord. 3888 § 2 (part), 1996)

Notification of the permit application shall be given in accordance with the provisions of this section.

(a) Notice of the Review Authority's recommendation to the Board on the permit application shall be mailed to the applicant at least fourteen (14) calendar days prior to action by the Board.

(b) Notice of the Review Authority's recommendation to the Board on the permit application shall be mailed to other landowners adjacent to the alley, which is subject to prohibition or restriction of vehicular or pedestrian traffic, at least fourteen (14) calendar days prior to action by the Board.

(c) Notice of the Review Authority's recommendation to the Board on the permit application shall be mailed to any interested party who has filed a written notice with the Department of Public Works at least fourteen (14) calendar days prior to action by the Board.

(d) Notice of the Board's action on the permit application shall be given by United States Mail within at least ten (10) working days of the action date to the applicant, landowners adjacent to the alley and any interested party.

(Ord. 3888 § 2 (part), 1996)

The decision of the Board of Supervisors on the permit application from the Review Authority shall be effective immediately.

(Ord. 3888 § 2 (part), 1996)

The fees for processing and reviewing the permit applications shall be established by resolution of the Board of Supervisors.

(Ord. 3888 § 2 (part), 1996)