Chapter 12.44
CENTERLINES
Sections:
12.44.010 Definition of street.
12.44.020 Establishment of centerline.
12.44.030 Change of existing centerline.
12.44.050 Persons authorized to appeal.
12.44.010 Definition of street.
As used in this chapter, “street” means a City road, County road, State highway, public road, street, or alley, or a private thoroughfare not less than 10 feet in width connecting with a City road, County road, State highway, public road, street, or alley which affords primary access to an abutting lot. (Ord. 29 § 1, 1981; CC § 75.101)
12.44.020 Establishment of centerline.
The centerline of a street shall be as follows:
A. The centerline of the street as shown on a final subdivision map filed in accordance with the Subdivision Map Act (California Business and Professions Code Section 11500, et seq.), a record of survey map filed pursuant to Section 11535(c) of the Business and Professions Code, a record of survey map filed according to and prior to the repeal (Statutes 1955, c. 1593, p. 2890) of Section 11575 of the Business and Professions Code, or a road survey map prepared by and filed in the officer of the Director of Public Services, shall be the centerline shown on such map.
B. If no such map is filed or if there is an ambiguity within or between such maps, the centerline of the street shall be established by the Director of Public Services with the concurrence of the Director of Development Services after notice and hearing pursuant to PMC 12.44.060.
C. In the event that the centerline of a street has not been established according to subsections A or B of this section, or that the map filed as in subsection A of this section does not show a centerline, then until such time as the centerline is established pursuant to subsections A or B of this section it is presumed that the centerline is a line equidistant between the exterior right-of-way lines of the street. (Ord. 518, 1999; Ord. 29 § 1, 1981; CC § 75.102)
12.44.030 Change of existing centerline.
No established centerline shall be changed except by a new subdivision map or a resubdivision map filed in accordance with the Subdivision Map Act, by a new record of survey map filed pursuant to Section 11535 and Chapter 15 of Division 3 of the Business and Professions Code, by a new road survey map prepared by and filed in the office of the Director of Public Services, or by the Director of Public Services with the concurrence of the Director of Development Services after notice and hearing pursuant to PMC 12.44.060. An established centerline shall not be deemed changed by the vacation of a part of the right-of-way on either or both sides thereof, or by the widening of the right-of-way on either or both sides thereof. (Ord. 518, 1999; Ord. 29 § 1, 1981; CC § 75.103)
12.44.050 Persons authorized to appeal.
The following persons, and no others, are authorized to appeal from the decision of the Director of Public Services and the Director of Development Services:
A. Persons owning real property adjoining the portion of the street for which the centerline is proposed to be established or changed; and
B. Persons owning real property that adjoins said street and is within 300 feet of the portion thereof for which the centerline is to be established or changed and is not separated from such portion by an intersecting street. (Ord. 518, 1999; Ord. 29 § 1, 1981; CC § 75.105)
12.44.060 Notice and hearing.
A. The notice of the hearing required by PMC 12.44.020(B) and 12.44.030 shall be given by mailing a written notice not less than 10 days prior to the date of the hearing to the owners of real property referred to in PMC 12.44.050 as said owners appear on the Master Property Record Books of the Assessor.
B. At the hearing conducted by the Director of Public Services or by the City Council the centerline shall be established at the location most in keeping with the public health, safety and welfare, taking into consideration the proposed ultimate width of the street. The Director of Public Services, or the Council, shall hear evidence presented by persons authorized to appeal by PMC 12.44.050 and may hear evidence from other persons. If for any reason the hearing cannot be completed on the day set for hearing, before adjournment the Director of Public Services or the Council may publicly announce the time and place until and at which said hearing shall be continued and no further notice shall be required. (Ord. 29 § 1, 1981; CC § 75.106)