Chapter 83.05 — DEDICATIONS AND INSTALLATIONS OF STREET AND TRAIL IMPROVEMENTS

This Chapter regulates and controls dedications and the installation of street improvements and trails. The regulations are intended to preserve the public health, safety, and general welfare; to promote orderly growth and development; and to ensure the provision of adequate traffic circulation, utilities, and services. (Ord. 4011, passed - -2007)

The requirements of this Chapter shall apply to all subdivision and single-parcel developments. The road dedication and street improvement standards provided in this Chapter do not apply to: (1) the alteration or enlargement of an existing building or structure on a lot or parcel of land if the total square footage of such alteration or enlargement, and all other alterations or enlargements completed three years prior to the date of the application for a permit for such alteration or enlargement, does not exceed one-half of the original square footage of all buildings and structures on such lot or parcel of land, or (2) the erection of one or more accessory structures (not including accessory dwellings) as defined in § 810.01.030(g) of the County Code. For purposes of this section, “original square footage” means the square footage of all buildings and structures that existed on such lot or parcel of land three years prior to the date of the application for such permit.

(Ord. 4011, passed - -2007; Am. Ord. 4181, passed - -2012)

(a) Dedications Required by Approved Plans or Ordinances. Before final inspection of structures, the dedication of additional street and/or highway right-of-way may, at the discretion of the Director of Public Works, be required to comply with the General Plan, an adopted specific plan, a Local Area Transportation Facilities Plan, or the provisions of any specific ordinance which has established a future right-of-way line.

(b) Dedications Required in Absence of Approved Plans or Ordinances. Where approved plans or ordinances do not exist, the required dedications shall be as follows:

(1) Desert Region. In the Desert Region, a 44-foot half width on section lines and quarter section lines and a 30foot half width on sixteenth section lines shall be required.

(2) Mountain Region. In the Mountain Region, a 20-foot half width from centerline shall be required; however, whenever the Director of Public Works waives this dedication requirement, a ten- foot half width shall be the absolute minimum required.

(3) Valley Region. In the Valley Region, additional right-of-way shall be required in compliance with road widths established by the General Plan after review by the Director of Public Works. (Ord. 4011, passed - -2007)

(a) Dedications Required by Approved Plans or Ordinances. Before final inspection of structures, the dedication of a trail right-of-way may, at the discretion of the Director, be required to comply with the General Plan, an adopted

specific plan, or the provisions of any specific ordinance that has established a future right-of-way line.

(b) Dedications Required in Absence of Approved Plans or Ordinances. Where approved plans or ordinances do not exist, the required dedications may be required for specific plans and planned development projects and shall be as follows:

(1) Proposed development adjacent to trail systems may be required to dedicate land for trail access points, as determined by the Director.

(2) The dedication or offers of dedication of trail easements where appropriate may be required for establishing a planned trails system alignment or where an established trail is jeopardized by impending development.

(c) Development Standards.

(1) To ensure application of uniform design standards and to promote the safety of trail users and their enjoyment of the trails system, the Director shall apply the County Trail Use and Design Guidelines. These standards are intended to serve as a general guide, and may at times be superseded by standards of managing agencies other than San Bernardino County (e.g., U.S. Forest Service standards). Standards may vary depending on the proposed use and operation of the trail; more detailed standards for specific trails may be developed at the time specific siting and planning for a trail link is completed.

(2) The scenic corridor on either side of a proposed trail route, measured from the outside edge of the right-ofway, trail, or path shall be identified. Development along the scenic corridor shall be compatible with existing scenic qualities.

(3) Signage shall indicate approved off-highway vehicle (OHV) trails or access areas and shall notify where OHV use is prohibited.

(d) Delayed Improvements. Delayed improvements may be allowed in compliance with § 83.05.060 (Delayed Improvements).

(e) Waiver of Public Works Requirements. A waiver of the Public Works Department requirements may be allowed in compliance with § 83.05.070 (Waiver or Modification of Dedication and/or Street Improvement Requirements).

• (Ord. 4011, passed - -2007)

(a) When Installation of Street Improvements Required. Before final inspection of a structure or improvement resulting in an increase or change of vehicular traffic that necessitates the construction of street improvements for the purposes of protecting public safety and health, the installation of street improvements may, at the discretion of the Director of Public Works, be required in compliance with the current adopted County standards.

• (b) Street Improvements Described. Street improvements shall include any or all of the following:

• (1) Curb and gutter.

• (2) Sidewalks.

• (3) Concrete driveway approaches.

• (4) Drainage structures.

• (5) Back filling and preparation of the road surface to rough grade for the placement of paving.

• (6) Paving.

• (7) Other necessary improvements as determined by the Director of Public Works.

• (Ord. 4011, passed - -2007)

(a) Dedication and Installation Required First. The right-of-way dedication and installation of street improvements shall be required before the occupancy of the premises or commencement of uses.

(b) Delayed Improvements Allowed with Written Agreement. Where it is impractical to install the required improvements at the time of the proposed development, a delayed improvement agreement in writing shall be entered into with the County Department of Public Works to make the improvements along with the posting of a form of surety described in Subdivision (c), herein. If the United States, the State of California, the County of San Bernardino, any other county, any municipal corporation, school district, other public district or public body includes in the delayed improvement agreement a written guarantee of payment of all costs for which the public district or public body may become liable to the County, then the posting of a form of surety described in subsection (c), herein, is not required from such public district or public body. The foregoing exemption to the surety requirement does not apply to subdivisions under the California Subdivision Map Act, Government Code §§ 66410 et seq .

(c) Surety Required . A cash deposit, a surety bond, a developer lien agreement, or other form of surety acceptable to the County Department of Public Works in an amount equal to the estimated cost of the improvements as determined by the County Engineer, shall be posted with the County Department of Public Works to guarantee the installation of the improvements. The actual installation of street improvements may be delayed until the County makes a written demand for the installment. If surety bonds are submitted, they shall be furnished by a surety company authorized to write the bonds in the State of California. If a developer lien agreement is used, it shall be used only for residential subdivisions (as defined in § 87.07.040(d)(1)), and commercial or industrial development and shall be prepared and processed in compliance with County policy.

(Ord. 4011, passed - -2007; Am. Ord. 4180, passed - -2012)

(a) Request for Waiver or Modification of Dedication and/or Street Improvement Requirements . The Director and the Director of the Department of Public Works shall have the authority to approve a request for a waiver or modification, in whole or in part, of the dedication and/or street improvement requirements as defined in § 83.05.050(b). Requests for a waiver or modification may be made by the applicant on the form made available by the Land Use Services Department or may be initiated by the Director or the Director of the Department of Public Works. Waivers or modifications initiated by the Director or the Director of the Department of Public Works may be made at any time during the development approval process. The waiver or modification must be approved by both the Director and the Director of the Department of Public Works.

(1) Findings Required . Prior to granting any waiver or modification to the required dedication and/or street improvement requirements, the Director and the Director of the Department of Public Works shall make all of the following findings:

(A) The waiver or modification would not adversely affect the environment, public health or safety.

(B) The waiver or modification would not create a financial impact to the County of San Bernardino or the San Bernardino County Flood Control District within ten years from the date of the waiver or modification.

(C) The request for a waiver or modification is not based solely on the financial hardship to the applicant.

(D) The waiver or modification would not conflict with other County departments’ or notified agencies’ dedication and/or improvement requirements, or any foreseeable future needs for access or

infrastructure.

(E) There is good cause shown for the waiver or modification and such waiver or modification would serve a public purpose.

(2) No Findings Required Under Certain Circumstances . Notwithstanding § 83.05.070(a)(1), a waiver or modification may be granted and no findings are required when the dedication and/or street improvement requirements of this Code, as applied to a particular project, would violate Federal or State law or the United States Constitution or the State of California Constitution.

• (b) Appeal of Action Taken by the Director and the Director of the Department of Public Works.

(1) A decision by the Director and the Director of the Department of Public Works pertaining to a request to waive or modify required dedications and/or street improvements may be appealed to the review authority of the subdivision or the development project’s land use decision within ten calendar days of receipt of the decision made by the Director and the Director of the Department of Public Works.

A decision by the Director and the Director of the Department of Public Works pertaining to a request to waive or modify required dedications and/or street improvements may be appealed to the review authority of the subdivision or the development project’s land use decision within ten calendar days of receipt of the decision made by the Director and the Director of the Department of Public Works.

(2) In the event the development project is not subject to any discretionary land use decision, an appeal of the decision made by the Director and the Director of the Department of Public Works pertaining to a request to waive or modify required dedications and/or street improvements may be made to the County’s Chief Executive Officer or designee within ten calendar days of receipt of the decision made by the Director and the Director of the Department of Public Works.

(3) Any appeal of the decision of the Director and the Director of the Department of Public Works under this Subdivision (b) may be appealed by the applicant or other affected party in compliance with the following provisions:

• (A) Appropriate Forms . Applications for an appeal shall be made on forms supplied by the Land Use Services Department.

• (B) Appeal Submittals. Applications for appeals shall be addressed and submitted to:

• (I) For appeals described in § 83.05.070(b)(1), to the review authority of the subdivision or the development project’s land use decision.

• (II) For appeals described in § 83.05.070(b)(2), to the County’s Chief Executive Officer.

• (C) Grounds for Appeal . Applications for an appeal shall include a written statement of the grounds upon which the appeal is based.

• (D) Contents of Appeal Application . The appeal application shall identify:

• (I) The subject development project;

• (II) The specific decision being appealed;

• (III) The date of the appeal;

• (IV) The justification for the appeal; and

• (V) Any remedy or solution for which the appellant petitions.

• (E) Appeal Shall Stay All Proceedings . A properly filed application for appeal shall stay the proceedings in the matter appealed until a decision is rendered on the appeal.

• (F) Notice of Appeal Required .

(I) For appeals described in § 83.05.070(b)(1), the review authority shall consider the appeal at the time it considers the subdivision or development project’s land use decision. Within 30 calendar days of the acceptance of an application for an appeal, the review authority shall set the matter for hearing and shall give notice of the date, time, and place of the hearing to the appellant, the applicant, and to any other party who has requested in writing to be so notified. In addition, notice shall also be given in the same manner and to the same entities as notice was given for the land use decision.

acceptance of an application for an appeal, the review authority shall set the matter for hearing and shall give notice of the date, time, and place of the hearing to the appellant, the applicant, and to any other party who has requested in writing to be so notified. In addition, notice shall also be given in the same manner and to the same entities as notice was given for the land use decision.

(II) For appeals described in § 83.05.070(b)(2), within 30 calendar days of the acceptance of an application for an appeal, the County Administrative Office, on behalf of the Chief Executive Officer, shall set the matter for hearing and shall give notice of the date, time, and place of the hearing to the appellant, the applicant, and to any other party who has requested in writing to be so notified.

(G) Action on Appeal .

(I) For appeals described in § 83.05.070(b)(1), upon hearing the appeal, the review authority shall consider the record and any additional evidence that may be offered, and may affirm, reverse, or modify, in whole or in part, the decision appealed.

(II) For appeals described in § 83.05.070(b)(2), upon hearing the appeal, the County’s Chief Executive Officer shall consider the record and any additional evidence that may be offered, and may affirm, reverse, or modify, in whole or in part, the decision appealed.

(H) Applicable Criteria, Findings, and Requirements . The review authority and the County's Chief Executive Officer are subject to all of the criteria, findings, and requirements imposed by this Code upon the original decision maker.

(I) Withdrawal of Appeal . An appeal may be withdrawn before the time that the review authority or the County’s Chief Executive Officer issues a decision. The appellant or the appellant’s representative shall notify the Land Use Services Department, and in the event of appeals under § 83.05.070(b)(2) to the Chief Executive Officer, in writing that they wish to withdraw the appeal.

(J) Appeal of the Land Use Decision . If there is a land use decision for the development project, any appeal of the decision of the review authority, other than a decision by the Board of Supervisors which is final, regarding the waiver or modification may be further appealed by the applicant or other affected party along with the land use decision in compliance with Chapter 86.08 (Appeals).

(K) Judicial Review . No person shall seek judicial review of a County decision on the waiver or modification decision until all appeals have been first exhausted in compliance with the County Code. (Ord. 4011, passed - -2007; Am. Ord. 4098, passed - -2010; Am. Ord. 4242, passed - -2014)

Before final inspection of a structure, the Building Official shall determine that all of the following have been accomplished:

(a) Dedications have been provided.

(b) Street improvements have either been installed or that a cash deposit, surety bond or other form of acceptable surety in an amount equal to the estimated cost of the street improvements has been posted with the County Department of Public Works to ensure the installation of the street improvements.

(Ord. 4011, passed - -2007)