§ 16.46

As a condition of approval of a tentative map, the subdivider must dedicate or make an irrevocable offer of dedication of all land within the subdivision that is needed for public streets, alleys, including access rights and abutter's rights, drainage, drainage basins, public utility easements and other public easements.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

The advisory agency may impose a requirement that any dedication or offer of dedication of a street or approval of a map abutting a previously dedicated street must include a waiver of direct access rights to such street from any property shown on a final map or parcel map as abutting thereon. If such dedication is accepted, or if no dedication is otherwise required, such waiver will become effective in accordance with its provisions. Such provisions must specify that a portion of the street as to which access is waived may, at the request of the property owner, be revised or relocated to another portion or portions of the same street frontage or of any adjoining street as to which direct access has been waived by recording a certificate therefor signed by the property owner and the city engineer.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

A.

Dedications of or offers to dedicate interests in real property for specified public purposes must be made by a certificate on the final map, signed and acknowledged by those parties having any record title interest in the real property being subdivided, subject to the provisions of Section 66436 of the Subdivision Map Act.

B.

In the event any street shown on such map is not offered for dedication the certificate must contain a statement to this effect. If such statement appears on the map and if the map is approved by the city council, the use of any such street or streets by the public will be permissive only.

C.

An offer of dedication of real property for street or public utility easement purposes will be deemed not to include any public utility facilities located on or under such real property, unless and only to the extent and intent to dedicate such facilities is expressly stated in the certificate.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

A.

If dedications or offers of dedication are required by the advisory agency for subdivisions requiring a parcel map, they may be made either by a certificate on the parcel map, or by separate instrument to be recorded concurrently with, or prior to, the parcel map being filed for record.

B.

Such dedication or offers of dedication must be signed by the same parties and in the same manner as set forth in Section 66439 of the Subdivision Map Act for dedications by a final tract map.

C.

An offer of dedication must be in such terms as to be binding on the owner, his heirs or successors in interest and must continue until abandoned as specified in Section 66477.2 of the Subdivision Map Act.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)