Division 5 — CENTER LINES

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*Note--Added by Ord. No. 2685 (N.S.), effective 6-4-64.

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As used in this division "street" means a County road, State highway, public road, street, or alley, or a private thoroughfare not less than ten feet in width connecting with a County road, State highway, public road, street, or alley which affords primary access to an abutting lot.

The center line of a street shall be as follows:

(a) The center line of the street as shown on a final subdivision map or a final parcel map filed in accordance with the Subdivision Map Act (Division 2, Title 7 of the California Government Code), 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to Section 11535(c) of the Business and Professions Code, a record of survey map filed according to and prior to the repealed (Statutes 1955, c. 1593, p. 2890) of Section 11575 of the Business and Professions Code or a road survey map prepared by and filed in the office of the Director, Department of Public Works.

(b) If no such map is filed or if there is an ambiguity within or between such maps, the center line of the street shall be established by the Director Department of Public Works with the concurrence of the Director, Department of Planning and Development Services after notice and hearing pursuant to Section 75.106.

(c) In the event that the center line of a street has not been established according to (a) or (b) above or that the map filed as in (a) above does not show a center line, then until such time as the center line is established pursuant to subsection (a) or (b) hereof it is presumed that the center line is a line equidistant between the exterior right of way lines of the street.

(Added by Ord. No. 2685 (N.S.), effective 6-4-64; amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 10224 (N.S.), effective 10-25-12)

No established center line 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, Department of Public Works, or by the Director, Department of Public Works with the concurrence of the Director, Department of Planning and Development Services after notice and hearing pursuant to Section 75.106. An established center line 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.

(Added by Ord. No. 2685 (N.S.), effective 6-4-64; amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 10224 (N.S.), effective 10-25-12)

If the Director Department of Public Works and the Director, Department of Planning and Development Services do not concur on the establishment or change of the center line of a street, or if they do concur but a person authorized to appeal by Section 75.105 submits to the Director, Department of Public Works a written notice of appeal from their decision prior to the eleventh day following the date said decision is filed in the office of the Director, Department of Public Works, then the Board of Supervisors shall determine the establishment or change of such center line after notice and hearing pursuant to Section 75.106. The decision of the Board of Supervisors shall be final.

(Added by Ord. No. 2685 (N.S.), effective 6-4-64; amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 10224 (N.S.), effective 10-25-12)

The following persons, and no others, are authorized to appeal from the decision of the Director, Department of Public Works and the Director, Department of Planning and Development Services: persons owning real property adjoining the portion of the street for which the center line is proposed to be established or changed; and persons owning real property that adjoins said street and is within 300 feet of the portion thereof for which the center line is to be established or changed and is not separated from such portion by an intersecting street.

(Added by Ord. No. 2685 (N.S.), effective 6-4-64; amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 10224 (N.S.), effective 10-25-12)

The notice of the hearing required by Section 75.102(b), 75.103 and 75.104 shall be given by mailing a written notice not less than ten days prior to the date of the hearing to the owners of real property referred to in Section 75.105 as said owners appear on the Master Property Record Books of the Assessor.

At the hearing conducted by the Director, Department of Public Works or by the Board of Supervisors the center line 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, Department of Public Works, or the Board, shall hear evidence presented by persons authorized to appeal by Section 75.105 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, Department of Public Works or the Board may publicly announce the time and place until and at which said hearing will be continued and no further notice shall be required.

(Added by Ord. No. 2685 (N.S.), effective 6-4-64; amended by Ord. No. 6453 (N.S.), effective 11-11-82)