HomeMy WebLinkAbout(1994, 01/24) - L-9 - Amended - changed to L-91
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CONVERSION OF PUBLIC STREETS TO PRIVATE STREETS
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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
preparing all legal documents, engineering drawings, mailing to
property owners and other items related to the vacation.
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 association towards 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
the City.
b. Operate and maintain the streets.
c Assess funds for the operation and maintenance of the streets.
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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.
5. In a situation where the streets abut, numerous parcels under
separate ownership, 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 abutting owner will
be required. The agreement and deed will provide for the owner
to deed the street to the association immediately 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.
H. 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 of 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.
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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 documents are filed, the resolution of
vacation will be filed with the County Clerk's office and vacation is
completed.
Adopted - November 22,1982
Reaffirmed - January 24,1994
Formerly L-11
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