§125.0910 When a Public Right-of-Way Vacation May Be Initiated
(a) The vacation of a public right-of-way may be initiated by resolution of the City Council or by petition or request of any person pursuant to the California Streets and Highway Code. A public right-of-way also may be vacated by filing a tentative map and a parcel map or final map pursuant to the Subdivision Map Act Sections 66434(g), 66445(j), 66499.20 1/4 or 66499.20 1/2, and in accordance with the provisions of this article.
(b) A public right-of-way may be summarily vacated if it does not contain public utility facilities, does not contain active public utility facilities, or contains public utility facilities that would not be affected by the vacation and if any of the following applies:
(1) The public right-of-way, or portion of the public right-of-way, is excess public right-of-way and is not required for street or highway purposes;
(2) The public right-of-way lies within one ownership and does not continue through that ownership or touch the property of another owner;
(3) The public right-of-way has been impassable for vehicular travel for a period of 5 years and public funds have not been expended for maintenance of the public right-of-way during that period.
(4) The public right-of-way is intercepted by a state freeway and an agreement has been entered into pursuant to California Streets and Highways Code Section 100.2.
(5) The public right-of-way has been superseded by relocation, provided the vacation would not cut off all access to an individual property that, before relocation, adjoined the public right-of-way.
(6) The public right-of-way vacation does not terminate a public service easement, unless the easement vacation satisfies the requirements of the California Streets and Highways Code section 8333.
(c) A public street, highway or public service easement may not be summarily vacated if there are existing public utility facilities that are in use and would be affected by the vacation.
(d) Public facilities within the public right-of-way shall be deemed unaffected by the vacation if they are to be relocated with no impact on service or if an appropriate easement is reserved from the vacation pursuant to California Streets and Highways Code section 8340 to provide for the continued use and maintenance of the public facility.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.)
