Encinitas Municipal Code Ch. 24.20 Dedications—general

Subject to the other provisions of this title, the City may require, as a condition precedent to the approval of a final or parcel map, that the subdivider dedicate or irrevocably offer to dedicate real property within the subdivision for streets, alleys, access rights, abutter's rights, drainage, public utility easements and other public easements.

(Ord. 87-10)

A. All dedications or offers of dedication required by the provisions of this title shall be by certificate on the final or parcel map.

B. An offer of dedication shall be in such terms as to be binding on the owner, owner's heirs, assigns, or successors in interest, and except as provided in Section 66477.2 of the Act, shall continue until such dedication is accepted or the offer is abandoned or otherwise terminated. Any such dedication or offer of dedication shall be free of any burden or encumbrance which would interfere with the purposes of which the dedication or offer of dedication is required.

C. The subdivider shall provide a current preliminary title report or equivalent proof of title satisfactory to the City Engineer.

D. At the time the authorized agency approves the final or parcel map, it shall also accept, accept subject to improvement, or reject any offer of dedication. The City Clerk or secretary of the authorized agency shall certify on the map the action taken. The City Engineer is authorized to act on behalf of the City in rejecting or accepting dedications.

(Ord. 87-10; Ord. 92-39)

The City Council or authorized agency may require that areas of real property within the subdivision be reserved for parks, recreational facilities, fire stations, libraries, and recreational trails where indicated on the General Plan, or other public uses in accordance with Sections 66479 through 66482 of the Act.

(Ord. 87-10; Ord. 92-39)

In accordance with Section 66475.4 of the Act, at the time of the imposition of a dedication requirement, the subdivider may file a protest. An administrative review will be conducted by the next higher authority. If the dedication requirement is determined to be excessive, the City may require amendment of the tentative subdivision map, redesign of the subdivision, pay just compensation, or delete or modify the dedication found to be excessive.

(Ord. 87-10)