REPORT ON VACATION OF EASTSIDE

BEACH DRIVE PUBLIC RIGHT-OF-WAY

Recommendation:

That the City Council provide direction to staff on how to proceed with the potential vacation of a portion of the right-of-way.

Background:

At the February 11, 1997 City Council meeting, staff was directed to report back on the process of vacating a portion of the right-of-way on the walk streets. The vacation process is contained in the Streets and Highways Code and it details the steps that include public hearings, notice and other details in order to vacate the public right-of-way. The City and any holders of easements or other rights on use of the area would be notified and may participate in the public hearing and the eventual vacation. Generally, easements remain after the vacation. The City Council, in the action taken on the west side, approved an open space overlay zone that detailed the permitted use of the former right-of-way area. This could be used for the area of the walk street with some modifications to fit the different situation. The sidewalk would remain public and become a fee strip instead of right-of-way. Staff would suggest that vacations be considered on a street by street basis. A petition from the property owners would be necessary to start the process. Any costs involved would be charged to the property owners on the street.

If the City Council wishes to proceed, the following actions will be taken by staff:

1. Develop a proposed open space overlay zone for the walk streets and present to City Council for review and approval.
2. Develop an information letter explaining the steps, costs, and timing and send to all property owners.
3. Process any petition on a street by street basis consistent with City Council policy.