The purpose of this chapter is to provide for the irrevocable dedication of private property for public purposes within the unincorporated area of the county. Offers of dedication under this chapter may include but are not limited to streets, highways, paths, alleys, including access rights and abutter’s rights, drainage, open space, public utility or other public easements, parks, or other public places, where such dedications are not provided for, under the subdivision survey or parcel map procedures set forth under Articles I, II or III of Title 17 preceding. (Ord. 278N § 18(part), 2004: Ord. 449 § 1(part), 1980).

No offer of dedication of private real property for public purposes shall be filed for record with the recorder of the county without the prior written consent of the county. Consent of the county for the recording of such offers of dedication shall not constitute acceptance of the property offered for dedication. Applications for such consent shall conform to the requirements of this chapter. (Ord. 278N § 18(part), 2004: Ord. 449 § 1(part), 1986).

The application for consent of the county for the recording of an offer of dedication shall be made by the filing of the following documents with the planning department: (1) a record of survey map conforming to all requirements of the Land Surveyor’s Act set forth at Chapter 15, Division 3 of the Business and Professions Code and prepared by a registered civil engineer or licensed land surveyor licensed in the state of California, accurately portraying the location, dimensions and monumentation of the real property being offered as well as its relative location to the real property adjacent to and the property being offered; (2) a title report, current within thirty days, to the benefit of the county issued by a duly licensed title insurance company in the minimum amount of one thousand dollars covering the property to be offered and reflecting all record title interests therein; and (3) an offer of dedication by separate written instrument or other recordable document acceptable to the county road commissioner with a complete property description of the real property to be offered. The offer shall be signed with proper acknowledgment by all parties having record title interest in the property to be offered and shall be binding on their heirs, assigns or successors in interest to the property. (Ord. 449-B § 1, 2006: Ord. 278N § 18(part), 2004: Ord. 449 § 1(part), 1980).

A filing fee as established by resolution of the board of supervisors shall be paid to the planning department at the time of application. (Ord. 278N § 18(part), 2004: Ord. 449 § 1(part), 1980).

All offers of dedication for the purposes of local roads shall be of a minimum width of sixty feet on an alignment approved by the road department. (Ord. 278N § 18(part), 2004: Ord. 449 § 1(part), 1980).

All offers of dedication shall be monumented on the property in a manner and fashion which will allow an on-ground reproduction of all lines of survey without the necessity of conducting additional surveys on the property. All monumentation shall be reflected on the record of survey map submitted to the planning department pursuant to Section 17.76.030. (Ord. 278N § 18(part), 2004: Ord. 449 § 1(part), 1980).

The original and three legible prints of the record of survey map shall be filed with the application to the planning department. (Ord. 278N § 18(part), 2004: Ord. 449 § 1(part), 1980).

Provided the requirements of all state and county laws and regulations, including the requirements of this chapter are met, the application for consent to the recording of an offer of dedication may be approved by the planning, engineering and road departments. The approval process shall include:
A. The original record of survey map shall be endorsed by the county surveyor certifying that the record of survey map conforms to the requirements of the California Land Surveyor’s Act.
B. The planning department, upon receiving the above approvals of engineering and road departments, shall forward all documentation concerning the offer of dedication with a memorandum indicating its approval of the application to the county counsel.
C. The county counsel shall review the documentation to confirm that all holders of record title interest in the property offered have consented to the offer. Upon completing this review, the county counsel shall return the documentation to the planning department with a certification that all record title interest holders have consented to the offer of dedication.
D. The planning department shall then submit the offer of dedication instrument to the county recorder’s office for recording.
E. The record of survey map, along with the recording fee supplied by the applicant, shall then be submitted for recording to the county recorder’s office by the planning department. (Ord. 278N § 18(part), 2004: Ord. 449 § 1(part), 1980).

If any person is dissatisfied with the approval or denial of an application by the planning, engineering and road departments, that person may, within fifteen days of such approval or denial, appeal the decision to the board of supervisors. Such an appeal shall be accompanied by a fee established by resolution of the board of supervisors. (Ord. 278N § 18(part), 2004: Ord. 449 § 1(part), 1980).

Upon receipt of the written appeal and the appeals fee, the board of supervisors shall set a date for hearing the appeal. The board shall give such notice of the hearing. The board shall hear the appeal and shall render its decision within forty days of the filing of the appeal, unless said forty-day period is waived by the appellant. (Ord. 278N § 18(part), 2004: Ord. 449 § 1(part), 1980).

An offer of dedication, when recorded in the office of the county recorder as provided herein, shall be irrevocable and may be accepted at any time by the board of supervisors. Such offer of dedication may, however, be terminated and the right to accept such offer abandoned in the same manner as is prescribed for the abandonment or vacation of streets or highways by Part 3 of Division 9 or by Chapter 2 of Division 2 of the Streets and Highways Code, whichever is applicable. (Ord. 278N § 18(part), 2004: Ord. 449 § 1(part), 1980).