Richmond Municipal Code Part 5 Street Vacations

(a) Under certain conditions, an existing public easement may no longer be necessary due to a variety of reasons such as changed conditions, topography, etc. The property owner can seek a vacation of an easement by submitting an application and paying the applicable fees. The City typically only has easement-holder status in the ROW of public streets, alleys, or walks, and the adjoining property owners have the underlying fee interest. Applicant should contact a title company to perform a title search of the underlying fee interest of the proposed vacation area prior to submitting application. If the City owns the underlying fee interest, a request for purchase of the City-owned property must be processed through the appropriate City department.

(b) Applications may be obtained from City Engineer. Requirements include payment of filing fees as listed in the master fee agreement, signature of the applicant, a legal description, and a scaled plot plan.

(Ord. No. 09-22 N.S., § 1, 6-28-2022)

(a) Pursuant to California Streets and Highways Code section 8300, et seq., if the vacation affects a street or highway, the following circumstances will qualify for a summary vacation:

(1) The street or highway has been superseded by relocation, and the vacation would not terminate all access to another person's property or terminate a public service easement; or

(2) For a period of five consecutive years, the street or highway has been impassable for vehicular travel, and no public money was expended for maintenance purposes during the same period; or

(3) The street or highway is excess ROW and not required for street or highway purpose(s); or

(4) The portion of a street or highway to be vacated lies within property under one ownership and does not continue through such ownership or end touching property of another.

(b) If the vacation would affect a public service easement, the following circumstances would qualify for summary vacation:

(1) The easement has not been used for its dedicated purpose for five consecutive years immediately preceding the proposed vacation; or

(2) The date of dedication or acquisition is fewer than five years, but more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date; or

(3) The easement has been superseded by relocation, and there are no public facilities located within the easement.

(Ord. No. 09-22 N.S., § 1, 6-28-2022)

If the proposed vacation does not meet any of the criteria in Section 12.30.230 it is a general vacation.

(a) City Council may, on its own initiative, may hold a public hearing on the street vacation whose process shall follow Streets and Highway Code Section 8300, et seq. and as amended from time to time.

(b) City Council's decision is final and not subject to appeal. City Council may conditionally approve a vacation and thus any conditions must be complied with prior to the vacation becoming effective.

(c) Once the City Council adopts its resolution of vacation, which is then recorded with the County, the vacation shall be complete.

(Ord. No. 09-22 N.S., § 1, 6-28-2022)