HomeMy WebLinkAbout(1982, 11/22) - L-11 - AdoptedL -11
CONVERSION OF PUBLIC STREETS TO PRIVATE STREETS
The conversion of public streets to private streets involves the vacation
of public street rights of way after the City Council makes a finding that
the street is unnecessary for present or prospective public use. The actual
street vacation process described in the State of California Streets and
Highway Code must be followed. Since the streets to be vacated will still
be used as streets for private purposes, it will be necessary to insure
that there is a responsible body to take over the operation, maintenance,
and liabilities of the streets. In most instances this can be a rather
lengthy and complicated process. The following steps are to be used as
a guide to completing the conversion process:
1. Poll all property owners that would be affected by the conversion
of public streets to private streets and submit results in letter
to Public Works Department. The poll should be in the form of a
petition that provides the residents with information concerning
costs, obligations, and liabilities related to the conversion of
a public street to a private street. An estimate of annual costs
and the cost of processing the conversion should be provided. The
community association and /or sponsors will be responsible for pre-
paring all legal documents, engineering drawings, mailing to property
owners and other items related to the vacation.
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2. Send letter to Public Works Department requesting the City to consider
the vacation of the public streets in order to convert them to private
streets. The letter shall be accompanied by a filing fee to cover
administrative costs of City.
3. Public Works Department submits request to City Council to obtain
approval in concept and authorization to work with community associa-
tion toward the goal of vacating the street.
4. If no formal community association exists, one must be created and
empowered to:
a. Accept the street rights -of -way when the street is vacated
by City.
b. Operate and maintain the streets.
c. Assess funds for the operation and maintenance of the streets.
d. Accept all liabilities for claims and lawsuits arising out of
the use of the streets. (The association must maintain a
policy of insurance which guarantees a defense for the City
should any lawsuit arise from and loss related to the use of
the street. Also, performance bond is required to guarantee
that the association will maintain the streets.) If a formal
community association does exist, its bylaws and /or CC & R's
must be amended to provide for the above items.
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CONVERSION OF PUBLIC STREETS TO PRIVATE STREETS - Page Two
5. In a situation where the streets abut, numerous parcels under separate
ownerships, as compared to a situation where the street abuts a common
area owned by the community association, a binding agreement and grant
deed from each abuting owner will be required. The agreement and deed
will provide for the owner to deed the street to the association immedi-
ately upon vacation by the City. These agreements and deeds are to be
prepared by the attorney for the community association, processed by the
association, and executed prior to the public hearing on the vacation.
6. Prepare plans for guard gates and entrance modifications contemplated to
restrict future access. These will need to meet the requirements of the
Public Works Department, Fire Department, General Services Department,
and Police Department.
7. City to prepare necessary environmental documentation at association
and /or sponsor's expense.
8. City will contact various utilities to determine what rights they wish
to reserve when the street is vacated.
9. All completed legal documents are to be submitted to City Attorney for
approval.
10. Provide City with a current list with names and addresses of all property
owners affected by the vacation.
11. If street to be vacated is in the Coastal Zone, a Coastal Permit must be
applied for and obtained prior to setting the date for the public hearing
on the vacation. .
12. Schedule for City Council consideration the adoption of a resolution of
intent to vacate and a map for the area to be vacated.
13. City Council adopts a resolution of intention to vacate and a map showing
the area to be vacated and schedules a public hearing for vacation.
14. City mails notices (in stamped, addressed envelopes provided by community
association) to all affected property owners.
15. City Council holds public hearing on vacation. If the City Council finds,
from all evidence submitted, that the street is unnecessary for present or
prospective public use, the City Council may adopt a resolution vacating
the street subject to whatever conditions the Council wishes to place on
the vacation. These conditions may include reservation of various utility
easements as well as the right to declare the street public if at some time
in the future, insurance and bonds lapse or the community association ceases
to exist.
16. Bonds shall be posted to cover construction of entrance improvements and any
other improvements conditioned by the City Council.
17. All necessary fully executed legal documents are filed with the County Clerk.
18. After all conditions imposed by the City Council have been fulfilled and
all legal ducuments are filed, the resolution of vacation will be filed
with the County Clerk's office and vacation is completed. •
Adopted - November 22, 1982