The state Public Streets, Highways and Service Easements Vacation Law, Streets and Highways Code Sections 8300 et seq. and as subsequently amended, provides the procedure followed by the city for the vacation of public streets, lanes, alleys, courts or other places. For better coordination of all departments of the city concerned with vacation proceedings, the regulations contained in this chapter are promulgated. (Prior code § 26-82)

No failure to comply with this chapter shall affect the validity of any vacation proceeding. (Prior code § 26-83)

A. Any person desiring the council to vacate any street or part of any street shall file with the director of public works ten copies of a vacation map showing the street or part desired to be vacated, together with completed application forms in triplicate.

B. The vacation map shall be prepared by a licensed surveyor or registered civil engineer drawn to scale and shall give the following information:

1. The location and extent of the proposed area to be vacated together with all abutting properties which may be affected by the proposed vacation;

2. The location of all utilities including sewers, water, gas and drainage structures;

3. Sufficient engineering data including bearings, distances and curve data, necessary for the city engineer to prepare the proper legal description of the boundaries of the parcels proposed to be vacated;

4. Names and widths of all adjacent streets together with sufficient centerline data to show precise location;

5. Location of all buildings, structures or improvements on or adjacent to or served by such parcels to be vacated;

6. Proposed use of the property to be vacated;

7. Date, north point and scale;

8. Names and addresses of record owners or interested persons requesting the vacation and names of owners of abutting property.

C. If it is impracticable to place on the vacation map any of the required information, such information shall be set out in the application. (Prior code § 76-84)

A. The council may approve the report of the director of public works, adopt a resolution of intention and thereafter order the vacation in the manner provided in the Public Streets, Highways and Service Easements Vacation Law, Streets and Highways Code Sections 8300 et seq., subject to conditions recommended in the report and impose further conditions. If council imposes conditions with which applicant cannot comply within a reasonable time, the vacation of the street, alley, walk or other public way may be ordered subject to full compliance with conditions imposed. By permission of council, performance of such conditions shall be guaranteed by an adequate corporate surety or cash bond posted with city. In all cases the applicant shall make a cash deposit with city engineer in an amount sufficient to defray all expenses of publication, notices and all engineering or related services connected with the proposed vacation.

B. The resolution of intention shall require the city clerk to give notice of the adoption of such resolution to all owners of real property located within three hundred feet of the proposed vacation. Such notice shall be by United States mail not less than ten days prior to the date set for the hearing in said resolution. (Prior code § 26-88)

Nothing contained in this chapter shall be so construed as to limit the powers of the council, and the council may, on its own motion, initiate a proceeding to vacate any public street, lane, alley, court or other place. (Prior code § 26-89)

A. When the map and application have been filed with the director of public works and have his or her approval as to adequacy the director of public works shall transmit one copy of the map and application to the city engineer, one copy to the permit services administrator, one copy to the general manager and chief engineer of the public service division, one copy to the city clerk, one copy to the director of parks, recreation and community services, and one copy to the planning director.

B. The director of public works shall notify any public utility having a known interest in the street or part of the street to be vacated of the proposed vacation.

C. The above-named departments shall within ten working days after receiving a copy of the map, report to the director of public works as to the advisability of the vacation and as to any conditions, easements or rights to be reserved, or other requirements necessary to protect the public interest. In addition to these reports, any other interested city officer may submit his or her report to the director of public works. All reports must be written and made in triplicate. (Prior code § 26-85)

The report of the director of public works shall contain:

A. A statement of any present or future need of the property for any public purpose including the need of any portion thereof for conformity to an official plan adopted by the city;

B. A summary of any statements of property owners and any petition received objecting to or supporting the proposed vacation;

C. A recommendation as to whether or not the proposed vacation should be approved;

D. A recommendation as to whether any easements should be granted or reserved, with a notation of any difference between this recommendation and recommendations of other city officers;

E. Any recommended conditions necessary to protect the public interest or the property or rights of abutting owners or to eliminate any unsafe or unhealthy condition that may result from the vacation. (Prior code § 26-87)