A. At the time the Board of Supervisors approves the final map, it shall also accept, accept subject to improvement, or reject any offer of dedication. The County Clerk shall certify on the final map the action by the Board of Supervisors. If at the time the final map is approved, any streets, paths, alleys, public utility easements, rights-of-way for local transit facilities which directly benefit the subdivision residents, or storm drainage easements are not accepted by the Board of Supervisors, the offer of dedication shall remain open and the Board of Supervisors may, by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys, rights-of-way for local transit facilities, or storm drainage easements, which acceptance shall be recorded in the office of the County Recorder.

B. In the case of any subdivision fronting upon the ocean coastline or bay shoreline, the offer of dedication of public access route or routes from public highways to land below the ordinary high watermark shall be accepted within three years after the approval of the final map; in the case of any subdivision fronting upon any public waterway, river, or stream, the offer of dedication of public access route or routes from public highways to the bank of the waterway, river, or stream and the public easement along a portion of the bank of the waterway, river, or stream shall be accepted within three years after the approval of the final map; in the case of any subdivision fronting upon any lake or reservoir which is owned in part or entirely by any public agency, including the state, the offer of dedication of public access route or routes from public highways to any water of the lake or reservoir shall be accepted within five years after the approval of the final map; all other offers of dedication may be accepted at any time.

C. Offers of dedication which are covered by subsection (B) of this section may be terminated and abandoned in the same manner as prescribed for the summary vacation of streets by California Streets and Highways Code, Division 9, Part 3 (commencing with Cal. Sts. & High. Code § 8300).

D. Offers of dedication which are not accepted within the time limits specified in subsection (B) of this section shall be deemed abandoned.

E. Except as provided in Cal. Gov’t. Code §§ 66499.16, 66499.17, and 66499.18, if a resubdivision or reversion to acreage of the tract is subsequently filed for approval, any offer of dedication previously rejected shall be deemed to be terminated upon the approval of the map by the legislative body. The map shall contain a notation identifying the offer or offers of dedication deemed terminated by this subdivision.

F. Acceptance of offers of dedication on a final map shall not be effective until the final map is filed in the office of the County Recorder or a resolution of acceptance by the legislative body is filed in such office.

G. The local agency to which property is dedicated in fee for public purposes, or for making public improvements or constructing public facilities, other than for open space, parks, or schools, shall record a certificate with the County Recorder in the county in which the property is located. The certificate shall be attached to the map and shall contain all of the following information:

H. The subdivider may request that the local agency make the determination that the same public purpose for which the dedication was required still exists, after payment of a fee which shall not exceed the amount reasonably required to make the determination. The determination may be made by reference to a capital improvement plan as specified in Cal. Gov’t. Code §§ 65403 or 66002, an applicable general or specific plan requirement, the subdivision map or other public documents that identify the need for the dedication.

I. If a local agency has determined that the same public purpose for which the dedication was required does not exist, it shall reconvey the property to the subdivider or the successor in interest, as specified in subsection (G) of this section, except for all or any portion of the property that is required for that same public purpose or for public utilities.

J. If a local agency decides to vacate, lease, sell, or otherwise dispose of the dedicated property, the local agency shall give at least 60 days notice to the subdivider whose name appears on the certificate before vacating, leasing, selling, or otherwise disposing of the dedicated property. This notice is not required if the dedicated property will be used for the same public purpose for which it was dedicated.

The county may accept any dedications lying outside the subdivision boundary which require a separate grant deed. The acceptance shall be recorded in the office of the County Recorder. (Formerly 23.07.013)