§ 17.28.090. Termination of dedications and offers to dedicate—Abandonment.

A.

Except as otherwise provided in subsection (B), (C) or (D) of this section, dedications or offers of dedication pertaining to streets, highways and rights-of-way which are required by this chapter may be terminated and abandoned only in the manner prescribed for the abandonment or vacation of streets by Part 3 (commencing with Section 8300) of Division 9 of, or by Chapter 2 (commencing with Section 940) of Division 2 of the Streets and Highways Code, whichever is applicable.

B.

Offers of dedication relating to waterfront access which are not accepted within the time limits specified in subsection (A) or (B) of Section 17.28.050 shall be deemed abandoned.

C.

At any time after acceptance of a dedication in fee to the county required pursuant to this chapter other than for open space, parks or schools, the subdivider or the successor in interest of the subdivider may apply to the director of public works for a determination whether the same public purpose for which the dedication was required still exists. Such determination shall be made only after payment by the subdivider or successor in interest of the application fee prescribed by resolution of the board of supervisors. The determination may be made by reference to a capital improvement plan as specified in Government Code Section 65403 or 66002, an applicable general or specific plan requirement, the subdivision map, or other public documents that identify the need for the dedication. If the director of public works determines that the same public purpose for which the dedication was required does not exist, the county shall reconvey the property to the subdivider or successor in interest, except for all or any portion of the property that continues to be required for the same public purpose or for public utilities. Such reconveyance shall indicate that the property being reconveyed had been dedicated in connection with the approval of a final map or parcel map and shall indicate where and when the certificate evidencing the dedication is recorded.

D.

If the county to whom a dedication in fee was made pursuant to this chapter for other than open space, parks or schools, decides in the absence of a request for a determination pursuant to subsection (C) of this section, to vacate, lease, sell or otherwise dispose of the dedicated property for other than the same public purpose for which it was dedicated, the director of public works shall give at least sixty days' notice to the subdivider whose name appears on the certificate recorded pursuant to Section 17.08.100(H) before vacating, leasing, selling or otherwise disposing of the dedicated property.

(Ord. 981 § 32, 1991: Ord. 854 § 2 (part), 1987: prior code § 11654)