Streets required to be dedicated by the subdivider shall be in accord with the following:
A. 
The subdivider shall offer to dedicate rights-of-way for streets within the subdivision in accordance with the City Standards as adopted by Resolution 91-39 of the City Council on August 21, 1991.
B. 
No final or parcel map shall be approved unless the street or streets providing primary access to the subdivision are offered as dedication to the City, County of San Diego or the state and the street or the streets meet City standards.
C. 
Where it is necessary to extend a street beyond the boundaries of a subdivision to provide adequate circulation for residents of the subdivision, the subdivider shall cause the required easements or dedications in accordance with City standards.
D. 
The City Engineer may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on the final or parcel map as abutting thereon, and that if the dedication is accepted, such waiver shall become effective in accordance with the provisions of the waiver of direct access.
(Ord. 92-39)
All lands to be subdivided shall provide access in the following manner:
A. 
Major Subdivisions. Streets dedicated and improved in accordance with City street standards with right-of-way widths as adopted by Resolution 91-39, for on-site streets, and with not less than 40 feet right-of-way for off-site streets.
B. 
Planned Residential Developments. Internal access with private streets may be provided if no reasonable possibility for access through the proposed development exists.
C. 
Parcel Maps. Streets adjacent to the project shall be dedicated and improved in accordance with City Street Standards as adopted in Resolution 91-39. Off site access may be by legally existing private road access provided health and safety standards for access can be met to the satisfaction of the City Engineer and Fire Marshal.
D. 
Private Streets, Limitation. Private streets may only be established where the development creates a cul-de-sac street serving 10 or less lots. In any location where any possibility exists for access needs beyond the proposed development, the dedication of right-of-way shall be required through the development. Unless otherwise noted in this chapter, private road access shall not otherwise be allowed.
(Ord. 92-39)
A. 
Private streets will be maintained either through private road maintenance agreements or through a special district, as approved by the City Engineer.
B. 
In the case where standards of an existing special district to which a subdivision is to be annexed are different from those specified, the standards of the existing special district shall prevail.
C. 
Improvement standards for private roads shall be consistent with private road standards adopted by the City Council of the City of Encinitas.
(Ord. 92-39)
Where land to be subdivided is located in the specific planning area designation as defined by the Land Use Element of the City of Encinitas General Plan, streets providing on site and off site access shall be designed and improved to those standards necessary to implement the development density design and objectives of an adopted specific plan as determined by the authorized agency following recommendation by the City Engineer.
(Ord. 92-39)
Where land to be subdivided is located in any commercial or industrial designation defined by the Land Use Element of the City General Plan, streets providing on-site and off-site access shall be dedicated and improved in accordance with City standards. Creation of new streets of access for commercial and industrial uses shall avoid access through residential areas unless the Circulation Element of the General Plan has otherwise provided for the access.
(Ord. 92-39)
All dedicated streets which are proposed on the boundaries of a subdivision shall be not less than one half the standard width, plus 10 feet in width together with a strip of land one foot wide on its outer edge which shall be offered to the City for street purposes and over which access rights are relinquished.
(Ord. 92-39)
All dedicated streets proposed to be terminated at the subdivision boundary shall include a strip of land one foot wide extending across the street at its point of termination at the boundary which shall be portions of the adjacent lots, offered for street purposes and over which access rights are relinquished.
(Ord. 92-39; Ord. 2017-03)
Where it is necessary to extend a street beyond the boundaries of a subdivision to provide adequate circulation and fire protection for residents of the subdivision, the subdivider shall obtain the necessary easements therefor, which easements shall be dedicated or offered for dedication to the City when required by other provisions of this section and shall improve the easements in accordance with City standards of City-maintained roads.
(Ord. 92-39; Ord. 2017-03)
Where off site access will not serve as access to on site streets to be maintained by the City or a Special District, no dedication or offer of dedication shall be required for residential streets providing off-site access to the land to be subdivided when the authorized agency has determined that a practical difficulty in obtaining public rights over intervening land makes dedication or an offer of dedication impossible or circumstances such as location make such dedication or offer of dedication unwarranted.
A. 
When such determination has been made, a private road easement not less than 40 feet in width shall be approved in lieu of such dedication or offer of dedication.
B. 
Where such private road easement is approved, the subdivider shall obtain documentation from a title company that the owner and his/her successors have the right to use such private road easement for the lots to be created prior to the approval of the final map.
(Ord. 92-39)
In non-urban development areas, offers of dedication may be required when the City Engineer determines that a high probability exists that a proposed private street may need to be brought into the City maintained system at some future date.
(Ord. 92-39)
All utility easements which are acquired after the issuance of the resolution of approval (notice of approval) shall be subordinated to any public dedications which are required as a condition of the approval with the exceptions of major transmission facilities, mains and lines as determined by the City Engineer.
(Ord. 92-39; Ord. 2017-03)