Chapter 4 — REQUIREMENTS FOR MAJOR SUBDIVISIONS

All major subdivisions shall conform to the following design requirements:

(a) No lot shall include land in more than a single tax rate area.

(b) Every lot shall contain the minimum lot area specified in the Zoning Ordinance for the zone in which the lot is located at the time the final map is submitted to the Board of Supervisors (Board) for approval, but if the Zoning Ordinance does not establish a minimum lot area for a zone, every lot shall contain a lot area of at least 6,000 square feet.

(c) Every lot shall front on a dedicated road, a road offered for dedication or a private road easement, whichever is required by section 81.402 or the conditions of approval of the tentative map.

(d) A lot shall have at least 50 feet of frontage, exclusive of side yard setbacks required in the zone in which the lot is located, measured at the right-of-way line, but shall also have at least 60 feet of frontage measured at the right-ofway line.

(e) A lot that fronts on a cul-de-sac, whose side lines are approximately radial to the center of the cul-de-sac or a lot that fronts at the intersection of two dead end roads, shall have at least 33 feet of frontage measured at the right-ofway line.

(f) A panhandle-shaped lot shall have a minimum frontage of 24 feet on a dedicated road or private easement road, except where the panhandle portion of two panhandle-shaped lots are adjacent to one another, in which case each shall have a minimum frontage of 20 feet on a dedicated road or private easement road. Panhandles may not serve as access to any lot except the lot of which the panhandle is a part. The panhandle portion of a lot shall not be longer than twothirds of the distance from the road on which the panhandle fronts to the rear lot line.

(g) A through lot shall not be allowed unless the property owner relinquishes vehicular access rights to one of the abutting roads. To relinquish access rights to a private road, the property owner shall dedicate a one foot access restriction easement to the County that runs the entire width of the lot fronting the private road easement. For a relinquishment of access rights to a public road, the property owner shall provide a "relinquishment of access rights" on the final map.

(h) The side lines of each lot shall be at approximately right angles or radial to the road upon which the lot fronts with a maximum deviation of up to 10 degrees for a minimum distance of 1/3 of the lot depth.

(i) A lot shall be designed so the lot is at least 90 feet deep and the average lot depth, excluding any areas encumbered by any open space, drainage, flood control or right-of-way easement, shall not be greater than three times the average lot width.

(j) Whenever practicable, a major subdivision of property approved for residential use shall be designed so that the front of any lot in the subdivision shall not be facing a railroad right-of-way, a utility transmission line, an open flood control channel or a road shown on the Mobility Element of the County General Plan.

(k) Whenever practicable, the side and rear lot lines of a lot shall be located along the top of a man-made slope rather than at the toe or at an intermediate location on a slope.

(l) Bicycle routes shown on the County General Plan shall be included in the subdivision if the routes are reasonably related to the traffic caused by the subdivision. Whenever rights-of-way for roads are required to be dedicated in subdivisions containing 200 or more lots, the subdivider shall include bicycle routes, when necessary and feasible for the use and safety of the residents.

(m) A subdivider shall demonstrate that each lot within the subdivision has unobstructed access to sunlight to an area of not less than 100 square feet, falling in a horizontal plane 10 feet above the grade of the buildable area of the lot. The condition of unobstructed solar access shall be considered to be achieved when a specific area of not less than 100 square feet has an unobstructed sky view of the sun between azimuths of the sun at 45 degrees to the east and 45 degrees to the west of true south, when measured on the winter solstice.

• (n) The design of the subdivision shall reflect non-motorized vehicle trails required by section 81.402(v).

(o) If the Board approves a specific plan or the Board or the Planning Commission approves a major use permit for a planned development pursuant to Zoning Ordinance sections 6600 et seq., that provides subdivision design requirements contrary to the requirements in subsections (b), (d), (e), (h) or (i) above, the provisions of the approved specific plan or major use permit shall govern.

• (p) A subdivision shall be designed so that no lot shall be bisected by a road.

(q) A subdivision shall be designed so that a street or road easement providing access to a parcel located on a subdivision boundary, shall not terminate in a cul-de-sac when it is feasible for the street or road easement to serve as a through street connecting the subdivision to a street or road easement in an existing or proposed, adjacent subdivision. If there is no street or road easement on the adjacent property, the street or road easement shall be designed to allow a connection to an adjacent property, in case the adjacent property is developed in the future. If there is an irrevocable offer of dedication or rejected offer of dedication for a street on the adjacent property, the subdivision shall be designed so that a street that serves a lot located on a subdivision boundary shall be able to connect to a street on an adjacent property if the County accepts the irrevocable offer of dedication or rejected offer of dedication. As used in this subsection, "feasible" means that construction of a through street is not limited by any of the following:

• (1) Topographical or other physical constraints.

• (2) Conditions that would result in a significant impact on the environment.

• (3) Utility easements or other similar title constraints.

• (4) Existing or planned adjacent uses that are incompatible with a road connection.

• (r) In addition to the foregoing requirements, subdivisions located in SR-10 and Rural lands (RL-20 through RL-

• 80. designations shall be designed as conservation subdivisions (subdivisions in all other land use designations may be designed as conservation subdivisions) using the following criteria:

• (1) The development footprint shall be located in the areas of the land being subdivided so as to minimize impacts to environmental resources.

• (2) Development shall be consolidated to the maximum extent permitted by County regulations and the applicable Community Plans.

• (3) The development footprint shall be located and designed to maximize defensibility from wildland fires and to accommodate all necessary fuel modification on-site.

(4) Notwithstanding the requirements of the Slope Encroachment Regulations contained within Section 86.604(e) of the Resource Protection Ordinance, effective October 10, 1991, exceptions to the maximum permitted encroachment into steep slopes shall be allowed in order to avoid impacts to environmental resources that cannot be avoided by other means. The exceptions shall be limited to the minimum necessary to achieve the goals of the conservation subdivision program.

(5) Roads shall be designed to minimize impacts to environmental resources. Such design standards may include siting roads to reduce impacts from grading, consolidating development to reduce the length of roads and associated grading, using alternative permeable paving materials and methods, reduced paved road widths, and smaller curve radii, consistent with applicable public safety considerations.

• (6) Areas avoided from development shall be protected with open space or conservation easements and shall follow the design standards set forth below:

• i. The largest blocks of unfragmented and interconnected open space shall be conserved.

• ii. Surface open space area to perimeter ratios shall be maximized by avoiding the creation of slivers or fingers of open space that extend in and around development.

iii. Open space shall be located in areas with the maximum amount of connectivity with off-site open space. iv. Multiple habitat types, varying topography, agriculture, etc. shall be conserved to the maximum extent practicable.

v. Unique and/or sensitive resources shall be protected in the core of open space areas to the maximum extent practicable or suitable buffers shall be provided to protect these resources.

vi. Resources shall be avoided and placed in open space pursuant to the percentage indicated in Table 81.401.1. The avoided lands shall be protected with an easement dedicated to the County of San Diego or a conservancy approved by the Director. Land used for mitigation for project impacts may be used to satisfy the requirements of Table 81.401.1 below. The required open space shall be maintained as open space for as long as the lots created through this provision of the Ordinance remain, except in circumstances where a need to vacate is required for public health, safety or welfare.

Table 81.401.1

vii. As part of the processing of a conservation subdivision, the following uses may be allowed in the avoided area: passive recreation, trails for non-motorized uses, native landscaping, resource preservation, project mitigation and buffers, MSCP preservation/mitigation, agriculture, wells, water storage tanks, utilities, pump stations, water and sewer facilities, or infrastructure and access roads necessary for any of these uses. In addition to these uses, leach fields and brush clearing may be allowed in SR-10 and RL-20 designations only. All uses to be allowed in the avoided area shall be specified in the open space or conservation easement document and shall be evaluated as part of the conservation subdivision approval process.

(Amended by Ord. 5023 (N.S.), effective 1-5-78; amended by Ord. No. 5589 (N.S.), effective 9-20-79; amended by Ord. No. 5890 (N.S.), effective 10-30-80; amended by Ord. No. 6276 (N.S.), effective 5-27-82; amended by Ord. No. 6908 (N.S.), effective 2-8-85; amended by Ord. No. 8228 (N.S.), effective 5-7-93; amended by Ord. No. 8690 (N.S.), effective 7-5-96; amended by Ord. No. 9063 (N.S.), effective 8-13-99; amended by Ord. No. 9841 (N.S.), effective 4- 20-07; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10167 (N.S.), effective 10-14-11)

No tentative map filed pursuant to this division shall be approved unless the map and its proposed conditions satisfy the following requirements:

(a) Where the property to be subdivided is located in an area identified in the County General Plan Land Use Element as Village Residential 2.9, 4.3, 7.3, 10.9, 15, 20, 24 or 30, a major subdivision shall provide access by one of the following:

(1) Public roads dedicated in accordance with the San Diego County Standards.

(2) Private road easements at least 40 feet wide in accordance with the San Diego County Standards for Private Roads, if the Director determines the roads will ultimately serve no more than estimated 100 ADT or will not feasibly provide a current or future connection to another public road or another subdivision.

(b) Where the property to be subdivided is located in an area identified in the County General Plan Land Use Element as Village Residential 2, a Semi-Rural Residential designation, Rural Lands designation, a Public/SemiPublic designation, a Federal/State Lands designation or an Open Space-Recreation designation, a major subdivision shall provide access by one of the following:

(1) On-site roads and off site roads in areas designated for two du/acre or fewer by the County General Plan and which will ultimately serve an estimated 750 to 2500 ADT. The subdivider shall offer these roads for dedication or obtain offers for dedication, in accordance with San Diego County Standards. When the County has not accepted a dedication for the road prior to approval of the final map or parcel map, the County may instead accept a private road easement not less than 40 feet wide, centered within the offered right-of-way, in accordance with San Diego County Standards for Private Roads.

(2) On-site and off-site roads that will ultimately serve more than an estimated 2500 ADT. The subdivider shall dedicate these roads or obtain offers for dedication in accordance with San Diego County Standards.

(3) In cases where subsections (1) or (2) do not apply, on-site or off-site private road easements at least 40 feet wide in accordance with San Diego County Standards for Private Roads if the Director DPW determines the roads will ultimately serve no more than an estimated 100 ADT and will not feasibly provide a current or future connection to another public road or subdivision. If the Director DPW is unable to make this determination based on the evidence available, the subdivider shall provide access by public roads dedicated in accordance with San Diego County Standards.

ads if the Director DPW determines the roads will ultimately serve no more than an estimated 100 ADT and will not feasibly provide a current or future connection to another public road or subdivision. If the Director DPW is unable to make this determination based on the evidence available, the subdivider shall provide access by public roads dedicated in accordance with San Diego County Standards.

(c) For subdivision access roads, the property owner shall: (1) enter into a private road maintenance agreement with the County, on a form provided by the Director, that requires the property owner to perform maintenance in perpetuity for each private road that is a subdivision access road and provides that the obligation to repair and maintain the roads shall be a covenant that runs with the land and is enforceable against all subsequent property owners, or (2) when required by the Director, with concurrence from the Director DPW, dedicate for public use all subdivision access roads that meet San Diego County Standards for Private Roads. In that case, the roads shall be maintained by a permanent road division zone established pursuant to Streets and Highway Code section 1162.6.

(d) Where the property to be subdivided is located in an area subject to a major use permit or a specific plan, streets providing on-site and off-site access shall be designed to those standards necessary to implement the development density design and objectives of the applicable adopted major use permit or specific plan.

(e) Where the property to be subdivided is located in an area identified in the County General Plan Land Use Element as a commercial or industrial designation, streets providing on-site and off-site access shall be dedicated in accordance with San Diego County Standards.

(f) Notwithstanding subsections (a) through (e) above, where the property to be subdivided abuts property that could be further subdivided under the density allowed by the General Plan or could feasibly provide access to a property that could be further subdivided, the subdivider shall provide an analysis of the public road system within the proposed subdivision and that road system shall, where feasible and practicable, be public and be designed so as to extend roads to the boundaries of the property to provide through access from the subdivision to existing or future offsite roads, with the goal of improving circulation in the vicinity.

(g) Each dedicated road which a subdivider proposes on the subdivision boundary shall be at least 40 feet wide together with a strip of land one-foot wide on its outer edge which shall be offered to the County for road purposes and over which the property owner relinquishes access rights.

(h) Each dedicated road which a subdivider proposes to terminate at the subdivision boundary shall include a onefoot wide strip of land extending across the road at its point of termination at the subdivision boundary and shall extend across portions of the adjacent lots. The subdivider shall offer the one-foot strip to the County for road purposes and over which the property owner relinquishes access rights.

cated road which a subdivider proposes to terminate at the subdivision boundary shall include a onefoot wide strip of land extending across the road at its point of termination at the subdivision boundary and shall extend across portions of the adjacent lots. The subdivider shall offer the one-foot strip to the County for road purposes and over which the property owner relinquishes access rights.

(i) Each dead-end public road easement shall include a cul-de-sac that complies with San Diego County Public Road Standards. Each dead end private road easement shall include a cul-de-sac that complies with San Diego County Private Road Standards.

(j) Where it is necessary to extend a road beyond the boundaries of a subdivision to provide adequate circulation or fire protection for residents of the subdivision, the subdivider shall acquire the necessary easements at the subdivider's expense. The subdivider shall dedicate or offer these easements for dedication to the County when required by this section and shall improve the easements in accordance with San Diego County Standards for Public Roads or with San Diego County Standards for Private Roads, whichever is applicable.

(k) Where the property to be subdivided is bounded by any water body such as a lake, estuary, lagoon or river, the subdivider shall provide a street along the water body or other public access.

(l) Where the Director DPW determines a drainage facility or flood control facility is necessary for the use of lot owners or for the protection of lots, the subdivider shall provide adequate rights-of-way for these facilities and shall offer the rights-of-way for dedication to the County or other public entities. These facilities and rights-of-way shall be shown on the tentative map.

(m) Where the Director DPW determines it is necessary to extend a drainage facility or flood control facility beyond the boundaries of a subdivision for adequate drainage or flood control needs, the subdivider shall acquire the rights-of-way necessary to construct and install these facilities at the subdivider's expense and dedicate them to the County or the San Diego County Flood Control District. These rights-of-way shall provide for construction and installation of these facilities in accordance with San Diego County Standards.

(n) Where the Director DPW determines it is necessary to extend a sewer system beyond the boundaries of the subdivision, the subdivider shall acquire and provide all necessary easements and rights-of-way to accommodate the sewer system extension.

(o) The subdivider shall offer to dedicate land for park purposes, pay fees in lieu of dedication or do a combination of both, pursuant to sections 810.101 et seq.

(p) The subdivider shall offer to dedicate the necessary rights-of-way for bicycle routes in accordance with San Diego County Standards, under either of the following circumstances:

(1) When bicycle routes shown on the County General Plan pass through or abut the subdivision and the routes are reasonably related to the traffic caused by the subdivision.

(2) When a subdivider is required to dedicate rights-of-way for streets in subdivisions containing 200 or more lots and one or more bicycle routes are necessary and feasible for the use and safety of the residents.

(q) If a tentative map is subject to a condition that the subdivider dedicate an interest in real property outside the boundaries of the subdivision, the tentative map shall also be subject to the condition that the County shall not issue a grading permit pursuant to the tentative map unless one of the following occurs:

(1) Interests in real property have been acquired by the subdivider or the public agency concerned, in a form satisfactory to the Director DPW.

(2) The Board has agreed to acquire the interests in the real property.

(r) Where an off-site access road to a residential subdivision will not provide access to an on-site road to be maintained by the County or a permanent road division zone and the Planning Commission has determined that the cost to acquire the off-site access is unwarranted considering the location, traffic volume or use of the proposed subdivision, the subdivider may in lieu of dedication or an offer of dedication, obtain access via a private road

easement at least 40 feet wide. In that case, before map approval, the subdivider shall obtain a certificate from a Title Insurance Company acceptable to the County, certifying that the subdivider and the subdivider's successors have a permanent road easement for access to the subdivision.

(s) In an area referred to in subsection (b) above, the subdivider shall offer to dedicate to the County, any private off-site or on-site road proposed to be private when the Director DPW determines that a high probability exists that the private road may need to be brought into the County-maintained system at some future date.

(t) All utility easements which the subdivider acquires after the tentative map has been approved shall be subordinated to any dedications to the County that the subdivider is required to make as a condition of the tentative map approval, except for major transmission facilities, mains and lines, as determined by the Director DPW.

(u) If any part of a trail corridor, as that term is defined in the Community Trails Master Plan (CTMP) appendix H, is located on the property to be subdivided, the subdivider shall prepare a trail route study to determine the specific location of the trail or pathway within the trail corridor and the type of trail or pathway to be constructed. The trail route study shall be prepared to the satisfaction of the Director DPR. The route study shall apply the trail design and locational criteria and the design and construction guidelines in the CTMP. The subdivider shall offer to dedicate a trail or pathway easement on the alignment specified in the trail route study if: (1) the trail route study the County approves concludes that all or part of the trail or pathway should be located in the trail corridor or portion thereof that is on the property to be subdivided and (2) there is the necessary rough proportionality between the required dedication and the impacts of or benefits to the proposed subdivision as determined by the Director with concurrence from the Director DPR. The trail or pathway shall be for pedestrians, equestrians and bicycles.

(Amended by Ord. No. 4500 (N.S.), effective 5-29-75; amended by Ord. No. 4992 (N.S.), effective 11-10-77; amended by Ord. No. 5140 (N.S.), effective 5-25-78; amended by Ord. No. 5890 (N.S.), effective 10-30-80; amended by Ord. No. 6017 (N.S.), effective 5-7-81; amended by Ord. No. 6167 (N.S.), effective 10-22-81; amended by Ord. No. 6276 (N.S.), effective 5-27-82; amended by Ord. No. 6438 (N.S.), effective 10-15-82; amended by Ord. No. 6508 (N.S.), effective 3-1-83; amended by Ord. No. 6751 (N.S.), effective 5-4-84; amended by Ord. No. 8228 (N.S.), effective 5-7-93; amended by Ord. No. 9063 (N.S.), effective 8-13-99; amended by Ord. No. 9701 (N.S.), effective 3- 4-05; amended by Ord. No. 9719 (N.S.), effective 6-17-05; amended by Ord. No. 9841 (N.S.), effective 4-20-07; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10167 (N.S.), effective 10-14-11; amended by Ord. No. 10529 (N.S.), effective 5-18-18; amended by Ord. No. 10705 (N.S.), effective 1-8-21)

(a) A subdivider shall install sewer improvements for the benefit of the subdivision that contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and dedicate the supplemental improvements to the public if: (1) the property to be subdivided has or will have sewer improvements that will be dedicated to the public use and become part of the publicly maintained sewer system, (2) other properties in the sewer basin when developed will need to connect to the subdivider's improvements in order to connect to a County sanitation district or County sewer maintenance district's sewer facilities and (3) requiring the subdivider to install supplemental sewer improvements will facilitate future connections from other properties in the sewer basin to the appropriate County sanitation district or County sewer maintenance district's facilities, and will benefit the public.

(b) In determining the supplemental sewer improvements a subdivider shall install, the County shall estimate the supplemental amount needed for future developments based on available projections for the full build out of the applicable sewer basin. The County may rely on: (1) any approved sewer master plan for the County sanitation district or County sewer maintenance district the property to be subdivided is eligible to connect with, (2) the County General Plan, (3) any approved Specific Plans or tentative maps or (4) any available environmental impact reports or any other

public or private projections the County deems reliable that forecast probable developments for the full build out of the applicable sewer basin.

(c) A subdivider shall install flood control improvements for the benefit of the subdivision that contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and dedicate the supplemental improvements to the public under any of the following circumstances:

(1) The property to be subdivided is located within an area served by the County Flood Control District Special Drainage Area (SDA) and: (A) the approved drainage facility master plan for that SDA identifies one or more properties in the vicinity of the proposed subdivision, that when developed, will be required to connect with the district's facilities, and (B) requiring the subdivider to install supplemental improvements will facilitate future connections from other properties identified in the drainage facility master plan to the district's flood control facilities and benefit the public.

(2) The property to be subdivided is located within an area served by the San Diego County Flood Control District and: (A) there are no flood control facilities to accommodate the project within the drainage basin where the property is located and (B) requiring the subdivider to install supplemental improvements will facilitate future connections from other properties in the drainage basin to the district's flood control facilities and benefit the public.

served by the San Diego County Flood Control District and: (A) there are no flood control facilities to accommodate the project within the drainage basin where the property is located and (B) requiring the subdivider to install supplemental improvements will facilitate future connections from other properties in the drainage basin to the district's flood control facilities and benefit the public.

(3) The property to be subdivided has or will have on-site drainage improvements that will be dedicated to the public use and become part of the publicly maintained flood control system and: (A) other properties in the vicinity when developed will need to connect to the subdivider's improvements in order to connect to the San Diego County Flood Control District facilities and (B) requiring the subdivider to install supplemental drainage improvements will facilitate future connections from the other properties in the vicinity to the district's facilities and will benefit the public.

(d) In determining the supplemental flood control improvements a subdivider shall install, the County shall estimate the supplemental amount needed for future developments based on available projections for the full build out of the applicable drainage basin. The County may rely on any approved drainage facility master plan for the applicable SDA, the County General Plan, any approved Specific Plans or tentative maps or any available environmental impact reports or any other public or private projections the County deems reliable that forecast probable developments for the full build out of the SDA basin.

(e) When a subdivider is required to install supplemental improvements as provided in subsections (a) or (c) the County shall enter into a reimbursement agreement with the subdivider to reimburse the subdivider for that portion of the cost of those improvements, including an amount attributable to interest, in excess of the construction required for the subdivision. The County may pay for the costs required by the reimbursement agreement by any method allowed under Government Code section 66487.

(Added by Ord. No. 4992 (N.S.), effective 11-10-77; repealed and reenacted by Ord. No. 5899 (N.S.), effective 11-680; amended by Ord. No. 8690 (N.S.), effective 7-5-96; amended by Ord. No. 10037 (N.S.), effective 3-26-10)

(a) Before a final map, or where allowed, a parcel map for a major subdivision, is approved, the subdivider shall complete or enter into a written agreement with the County with the appropriate security as provided in section 81.408 to complete the following improvements:

(1) Grade and improve all land dedicated or to be dedicated for roads or easements, bicycle routes and all private roads and private easements laid out on a final map or parcel map in the manner and with the improvements that are necessary for the use of the lot owners in the subdivision, local neighborhood traffic and drainage needs in accordance with County Standards.

(2) Install all on-site and off-site drainage and flood control facilities required by the Director DPW, in conformance with San Diego County Standards and applicable floodplain overlay zoning and drainage and flood control policies of the County General Plan. When the Board determines, however, that completing construction of the off-site facilities to San Diego County Standards before the final map or parcel map is approved is impracticable, the subdivider may be allowed to complete the construction in stages when the Board also determines there is a substantial public benefit to staged construction. In that case, the subdivider shall:

(A) Construct required drainage and flood control facilities that are outside the boundaries of the subdivision in stages in conformance with San Diego County Standards and in a manner that will not result in an increase in existing or potential flood hazards to downstream properties.

(B) Construct the facilities to provide for increases in flood flows attributable to a proposed development and the cumulative effect of future developments in the watershed pursuant to current County policy regarding staged construction.

(C) Design the staged facilities to include provisions for minimum maintenance requirements including, but not limited to, vehicular access, erosion and sedimentation control, structural low flow channels and service roads and where appropriate landscaping and irrigation.

(3) Extend public water supply facilities adequate to serve the subdivision to the property to be subdivided when the project is located within a water district or a district's adopted sphere of influence and: (A) the main lines of the existing public potable water supply are located within 500 feet of the subdivision boundary or (B) the subdivider has proposed the use of a public water supply to serve the subdivision.

(4) Provide proof satisfactory to the Director that the serving water district has certified that adequate potable public water supply is available to each lot or parcel or to the Director DEHQ that there is an adequate potable well water supply available to each lot or parcel. The subdivider shall also install minimum water supply pipe as determined by the Director DPW and recommended by the water district serving the proposed subdivision.

(5) Install fire hydrants and connections as approved by the chief of the local fire district or the County Fire Official.

(6) Install a public system for sewers or sewage disposal serving all proposed lots or parcels where it is determined that the system is required to preserve the public health due to the size and shape of the proposed lots, the terrain and soil condition of the land to be subdivided and the existing development in the vicinity of the proposed subdivision. Each public system shall be approved by the serving sanitation district according to its standards and policies.

(7) Install underground all new and existing utility distribution facilities, including cable television lines and other video service facilities, within the boundaries of any new subdivision or within any half road abutting a new subdivision. The subdivider is responsible for complying with the requirements of this subsection and shall make the necessary arrangements with each of the serving utilities, including licensed cable television operators and other video service providers, for the installation of these facilities. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities necessarily appurtenant to these underground utilities and street lighting systems may be placed above ground. This subsection shall not apply to the installation and maintenance of overhead electric transmission lines in excess of 34,500 volts and long distance and trunk communication facilities. When the installation of cable television lines or video service facilities is required, the subdivider shall provide the Director DPW with either documentation from a licensed or franchised cable television operator or other franchised video service operator, stating arrangements for the underground installation of cable television lines or other video service facilities have been made or documentation that the Cable Television Review Commission has reported that no licensed cable television operator is willing and able to install cable television lines in the subdivision. Any

modification or waiver of the requirements of this subsection shall be governed by sections 81.308 and 81.309 and reviewed in accordance with the Board Policy on installing utilities underground.

(8) Construct a street lighting system as required by the Director DPW in conformance with San Diego County Standards.

(9) Grade and improve all land dedicated or to be dedicated for trails or pathways including land previously dedicated for a road which includes sufficient right-of-way for a pathway. Trail improvements shall be made in accordance with the trail standards specified in section 7, "Design and Construction Guidelines," of the CTMP for the type of trail to be developed. Pathway improvements shall be made in accordance with the standards for pathways in the San Diego County Public Road Standards.

(b) Where each parcel on a parcel map for a major subdivision contains a gross area of 20 acres or more, the subdivider shall complete the following improvements:

(1) Grade and improve private roads to grades and widths required in accordance with San Diego County Standards for Private Roads.

(2) Install all drainage structures and facilities required by the Director DPW in conformance with San Diego County Standards.

(3) Install water supply pipelines, fire hydrants and connections as may be required by the Planning Commission or the Board.

(4) Grade and improve all land dedicated or to be dedicated for trails or pathways including land previously dedicated for a road which includes sufficient right-of-way for a pathway. Trail improvements shall be made in accordance with the trail standards specified in section 7, "Design and Development Guidelines," in the Community Trails Master Plan for the type of trail to be developed. Pathway improvements shall be made in accordance with the standards for pathways in the San Diego County Public Road Standards.

(c) If improvements are not completed at the time the final or parcel map is approved and are instead secured by a subdivision improvement agreement, subdivider shall, when the area where improvements are to be made is not accessible by public easements, grant a right of entry or temporary easement to the County in a form acceptable to the Director DPW to allow the County access to the area where the improvements are to be made. The right of entry or temporary easement shall continue for so long as the improvements remain incomplete and for one year following the acceptance of the improvements. Subdivider shall record the right of entry or temporary easement so that subsequent purchasers of interests in the subdivision will have notice of the County's access rights.

(d) Unless determined by the Director DPW to be unnecessary because improvements will be constructed before the lots served by the improvements will be developed, all projects except those for which a traffic study has not been required to be prepared shall have an approved Construction Phasing Plan for all on-site and off-site improvements that identifies when the required improvements will be constructed in relation to the rough and final grade releases and issuance of building permits. All approved Construction Phasing Plans shall be made a part of the project's improvement agreement.

(e) No rough grading approval or building permits will be issued on a lot until all essential off-site road improvements, all on-site road improvements whether essential or not, and all utility, drainage and other improvements needed to serve the lot are completed to the satisfaction of the Director DPW. For the purposes of this section, essential off-site road improvements shall mean those improvements determined by the Director DPW to be needed to serve a lot to mitigate project environmental, traffic safety or operational impacts. Final pavement cap, driveway, and sidewalk improvements may be constructed after rough grade approval and building permit issuance; except, the Director DPW may require earlier completion where determined by the Director DPW to be necessary to protect public safety and welfare. No final grading approval or occupancy will be issued for a lot until final pavement cap, driveway, and sidewalk improvements serving the lot are completed to the satisfaction of the Director DPW.

fter rough grade approval and building permit issuance; except, the Director DPW may require earlier completion where determined by the Director DPW to be necessary to protect public safety and welfare. No final grading approval or occupancy will be issued for a lot until final pavement cap, driveway, and sidewalk improvements serving the lot are completed to the satisfaction of the Director DPW.

Notwithstanding the foregoing and unless earlier completion of off-site improvements is determined by the Director DPW to be necessary to mitigate project impacts or address a traffic safety or operational deficiency, subdivisions for which a Construction Phasing Plan is not required may defer the construction of off-site improvements until after rough grade releases and/or building permits have been issued for seventy-five percent of the buildable lots in the subdivision.

(f) Sections (d) and (e) shall not apply to any subdivisions with tentative map or parcel map applications that have been deemed completed pursuant to the requirements of the Subdivision Map Act, Government Code section 66410 et seq. on or before October 28, 2011.

(Amended by Ord. No. 4931 (N.S.), effective 7-7-77; amended by Ord. No. 4992 (N.S.), effective 11-10-77; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 5736 (N.S.), effective 5-29-80; amended by Ord. No. 5890 (N.S.), effective 10-30-80; amended by Ord. No. 5949 (N.S.), effective 1-8-81; amended by Ord. No. 5963 (N.S.), effective 2-5-81; amended by Ord. No. 6256 (N.S.), effective 4-15-82; amended by Ord. No. 6276 (N.S.), effective 5-27-82; amended by Ord. No. 6508 (N.S.), effective 3-1-83; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9063 (N.S.), effective 8-13-99; amended by Ord. No. 9675 (N.S.), effective 10-22-04; amended by Ord. No. 9701 (N.S.), effective 3-4-05; amended by Ord. No. 9719 (N.S.), effective 6-17-05; amended by Ord. No. 9841 (N.S.), effective 4-20-07; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10179 (N.S.), effective 11-11-11; amended by Ord. No. 10709 (N.S.), effective 1-1521)

(a) Where the subdivider agrees to install improvements pursuant to section 81.404, the agreement shall provide that the subdivider shall complete the improvements within two years after recording the map.

(b) In those instances consistent with subsection (c) below where a subdivider has obtained all permits to construct improvements required by the agreement and has begun installation of the improvements, the Director DPW may extend the time for the subdivider to complete improvements once for up to two years provided the Director DPW is satisfied the security the subdivider has provided is adequate. In all other instances and except as provided in subdivision (c), the Director may extend the time for a subdivider to complete improvements once, for up to two additional years provided the Director is satisfied that the security provided by the subdivider is adequate. The Director may require the subdivider to provide additional or modified security as a condition of the extension.

(c) The Director and Director DPW may extend the time for a subdivider to complete improvements once, for up to two additional years and shall not grant an extension for completion of the improvements if the subdivider has previously been granted a time extension or the subdivider has substituted security for the security originally furnished under section 81.408. The Board, however, may grant additional time extensions.

(Added by Ord. No. 8343 (N.S.), effective 2-5-94; amended by Ord. No. 8393 (N.S.), effective 6-10-94; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10179 (N.S.), effective 11-11-11; amended by Ord. No. 10529 (N.S.), effective 5-18-18)

(a) The subdivider of a major subdivision shall have a licensed surveyor or registered civil engineer set the following monuments at the time of making the survey for the final map or parcel map and before the subdivider records the final map or parcel map:

(1) Permanent monuments at the exterior boundary of the subdivision using iron pipes at least two inches in diameter and twenty-four inches long set at each corner, at intermediate points along the boundary not more than

1,000 feet apart and at the beginning and end points of all curves. If an existing record and identified monument already exists at any corner or point where a monument is required the Director DPW may allow the existing monument to be used in lieu of a new monument.

(2) Permanent monuments at all corners for each lot, except where an exterior boundary corner has already been set, pursuant to subsection (a)(1), that meet one of the following minimum requirements: (A) Three-fourth inch diameter iron pipe at least eighteen inches long, (B) One-half inch diameter steel rod at least eighteen inches long, (C) Lead plug and brass identification disks set in concrete structures, curbs, on fences, block walls or in boulders or (D) When the location where the monument should be set is inaccessible, on an appropriate offset determined by a licensed surveyor or registered civil engineer and approved by the Director DPW.

(3) Additional monuments the Director DPW requires that the subdivider set to mark the limiting lines of streets, easements or section lines.

(4) All other monuments the subdivider is required to set as a condition of the tentative map.

(b) All monuments and their installation shall conform to the San Diego County Standards.

(c) Interior permanent lot or parcel monuments may be deferred in accordance with Government Code section 66496 if the subdivider provides adequate security that satisfies the Director DPW. If the subdivider defers setting these interior monuments the engineer or surveyor shall certify on the map that the monuments will be set on or before a specified date, however, the monuments shall be set no later than 30 days after completion of required improvements.

(d) All monuments set along and within the public right-of-way of the subdivision shall be inspected and be satisfactory to the Director DPW before the Board accepts the improvements. The engineer or surveyor may request that the County inspect additional monuments.

(e) Every final map or parcel map which is proposed to revert the subject land to acreage pursuant to Government Code section 66499.11 et seq. shall show at least one exterior boundary line with monuments installed in the manner specified in subsection (a)(1) above.

(f) Except as provided in subsection (e), all monuments required by subsection (a) shall be shown on the final map or parcel map.

(Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 6016 (N.S.), effective 5-7-81; amended by Ord. No. 6552 (N.S.), effective 4-15-83; amended by Ord. No. 8393 (N.S.), effective 6-10-94; amended by Ord. No. 9623 (N.S.), effective 2-8-04; amended by Ord. No. 10037 (N.S.), effective 3-26-10)

Where the subdivider enters into a written agreement with the County pursuant to Government Code section 66462(a)(1) or (a)(2) the subdivider shall prepare and deposit detailed plans and specifications of the improvements to be constructed with the Clerk of the Board. The plans and specifications shall be made a part of the written agreement and the improvement security.

(Amended by Ord. No. 10037 (N.S.), effective 3-26-10)

(a) When a subdivider enters into an agreement to construct required improvements for a major subdivision, approved pursuant to this division, the subdivider shall deposit with the Clerk of the Board one of the following types of security, subject to the County's approval:

(1) A bond or bonds by one or more authorized corporate sureties, as prescribed in Government Code section 66499(a)(1).

(2) Cash or negotiable bonds of the kind approved for securing deposits of public money, as prescribed in Government Code section 66499(a)(2).

• (3) An instrument of credit as prescribed in Government Code section 66499(a)(3).

• (4) An irrevocable letter of credit issued by a banking institution approved by the County.

• (b) The security required by subsection (a) shall be in the following amounts:

• (1) An amount equal to 100% of the total estimated cost of the improvement, conditioned on the faithful performance of the agreement.

(2) An additional amount of 50% of the total estimated cost of the improvements securing payment to the contractor, subcontractors and the persons furnishing labor, materials or equipment to them for the improvements.

(c) The County shall release 95% of the security upon completion and acceptance of the work required under the agreement. The County shall retain the remaining 5% for one year from the date the County accepts the work. (Added by Ord. No. 5023 (N.S.), effective 1-5-78; amended by Ord. No. 5342 (N.S.), effective 2-8-79; amended by Ord. No. 5621 (N.S.), effective 11-22-79; amended by Ord. No. 8499 (N.S.), effective 3-3-95; amended by Ord. No. 8690 (N.S.), effective 7-5-96; amended by Ord. No. 10037 (N.S.), effective 3-26-10)

(a) Pursuant to Government Code section 66499(a)(4), when the County finds that it would not be in the public interest to require installation of required improvements sooner than two years after recording the map the County may allow the subdivider, in lieu of posting the security described in section 81.408, to enter into a lien contract with the County to construct the required improvements in the future, securing the subdivider's performance by granting the County a lien on the property to be subdivided.

(b) Where the County agrees to allow the subdivider to enter into a lien contract with the County, the subdivider shall execute the lien contract at the time the subdivider enters into an agreement with the County to construct required improvements pursuant to section 81.404. The County may at its sole option allow a subdivider to substitute a lien contract for existing security that the subdivider furnished under section 81.408. The County shall not accept a lien contract from any subdivider, however, either at the time the subdivider executes an agreement to construct subdivision improvements or as a substitute for existing security, if any lots have been sold, if permits have been issued on any of the property or if construction of any of the required improvements has begun.

• (c) Lien contracts shall:

• (1) Only be used to secure the completion of improvements.

(2) Contain an itemization of the required improvements and an estimate of cost approved by the Director and provide that the subdivider's or subsequent owner's obligation to complete the improvements extends to the actual cost of construction if the cost exceeds the estimate.

(3) Be recorded with the County Recorder and have the priority of a judgment lien as prescribed by Government Code section 66499(b).

(4) Be approved concurrently with the approval of the map with a note of the lien contract's existence placed on the map, except where the lien contract is being substituted after map approval for other security previously deposited with the Clerk of the Board pursuant to section 81.408. In that case, the lien contract shall be signed and acknowledged by all parties having any record title interest in the real property, as prescribed by Government Code section 66436, consenting to the subordination of their interests to the lien contract.

(d) The lien contract shall provide that the subdivider shall substitute security acceptable to the County for the lien contract and commence constructing the improvements required pursuant to section 81.404: (1) within two years after recording the map or (2) in the case of a lien contract which has been substituted for existing security pursuant to subsection (b), above, within two years after recording the lien contract.

provide that the subdivider shall substitute security acceptable to the County for the lien contract and commence constructing the improvements required pursuant to section 81.404: (1) within two years after recording the map or (2) in the case of a lien contract which has been substituted for existing security pursuant to subsection (b), above, within two years after recording the lien contract.

(e) For lien contracts executed at the time the map is recorded, the Director may extend the time for substituting acceptable security and commencing construction of the required improvements once, for no more than two additional years. The Director may not grant these extensions if the subdivider has substituted a lien contract for the security originally furnished under section 81.408. The Board, however, may grant additional time extensions, on a case-bycase basis, for substituting acceptable security and commencing construction of the required improvements pursuant to agreements secured either by: (1) lien contracts executed at the time the map is recorded or (2) lien contracts substituted for existing security furnished under section 81.408.

(f) During the term of the lien contract no individual lots subject to the lien shall be sold. Fee title to the entire property encumbered by the lien contract, however, or to all lots designated on any individual final map or parcel map that are encumbered by the lien contract, may be sold in the aggregate to a single purchaser, provided that the proposed purchaser of the property, prior to assuming title to the property, shall either: (1) execute a new lien contract in a form acceptable to the County which will encumber the property to be conveyed, specifying the respective obligations of the property owners subject to the original and the new lien contract or (2) replace the existing lien contract with alternative security acceptable to the County to guarantee completion of the required improvements. The alternative security shall meet the requirements of section 81.408. If the proposed purchaser is a holding company or a limited liability company, however, the property owner shall obtain approval from the Director before entering into the sales agreement. Any new lien contract shall require that the new property owner commence construction of the improvements secured by the lien contract by the same date provided in the lien contract with the original owner, unless the Board extends the date as provided in subsection (d), above. The new lien contract shall also provide that the new property owner shall deposit alternative security acceptable to the County that meets the requirements of section 81.408 at the time the property owner is required to commence construction of the improvements.

ame date provided in the lien contract with the original owner, unless the Board extends the date as provided in subsection (d), above. The new lien contract shall also provide that the new property owner shall deposit alternative security acceptable to the County that meets the requirements of section 81.408 at the time the property owner is required to commence construction of the improvements.

(g) At the time the Board approves a lien contract, the subdivider shall provide a cash deposit in the amount of $15,000 to the Clerk of the Board for the purpose of reverting the property to acreage or processing a replacement map merging the parcels subject to the lien contract into a single lot if the subdivider breaches the terms of the lien contract. In addition, at the time title to any property subject to a lien contract is conveyed, the transferee of the property, if the transferee executes a new lien contract to secure construction of the improvements imposed on the property as described in subsection (f), above, shall also provide a cash deposit in the amount of $15,000 to the Clerk of the Board for the purpose of reverting the property to acreage through reversion or merger of lots if the transferee breaches the terms of the lien contract. The purpose of these requirements is so that each owner of property which is encumbered by a lien contract shall at all times have a $15,000 deposit per lien contract with the County for the purpose described. Any unused portion of a deposit shall be refunded following completion of the reversion to the person who made the deposit. If the cost to revert the property to acreage exceeds $15,000 the property owner shall pay the additional costs to the County prior to recording the reversion to acreage or merger map. By electing to use a lien contract as security, the owner of the property subject to the lien contract consents to the reversion to acreage or merger of the subdivision lots subject to a lien to a single lot in the event of default, subject to the reservation of publicly dedicated land in accordance with applicable law, and agrees to process and sign, if necessary, upon the County's request any modifying or replacement map necessary to complete the reversion.

(h) When a lien contract is utilized as security upon approval of the map, notwithstanding the provisions of sections 81.402 and 81.404, the County shall not accept offers of dedication for street purposes until the lien contract is released following substitution of acceptable alternative security and the required street improvements are completed to the satisfaction of the Director DPW.

(i) The County shall release a lien contract after: (1) the subdivider or subsequent property owner substitutes security for the lien contract that complies with section 81.408, or (2) recording a reversion to acreage or modifying map merging the parcels subject to the lien contract into a single lot.

(j) The County may at any time release a portion of the property subject to a lien contract or subordinate the lien to other liens or encumbrances if it determines that security for performance is sufficiently secured by a lien on other property or other security that complies with section 81.408, or that the release or subordination of the lien will not jeopardize the completion of agreed upon improvements. Lots subject to a lien contract must be contiguous. Partial releases of lien contract authorized in conjunction with the provision of alternative security for the construction of a portion of the required improvements will only be allowed where the improvements released from the lien contract and lots that they serve can function as an independent unit, the improvements are separately delineated or readily identifiable on improvement plans, and, if deemed necessary by County, separate subdivision improvement agreements are entered into for the improvements secured by a lien and other acceptable security.

(Added by Ord. No. 8343 (N.S.), effective 2-5-94; amended by Ord. No. 8393 (N.S.), effective 6-10-94; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10529 (N.S.), effective 5-18-18; amended by Ord. No. 10695 (N.S.), effective 12-18-20)

(a) When the land to be subdivided is located within the boundaries of an Agricultural Preserve established by a resolution of the Board and the property owner has entered into a Land Conservation Contract with the County, the subdivision shall be known as an "agricultural subdivision." In addition to the limitations in Government Code section 66474.4 for land subject to a Land Conservation Contract no tentative map for an agricultural subdivision shall be approved if it proposes lots smaller than the minimum lot size specified in the contract.

(b) Notwithstanding any other provision of this division to the contrary, the dedication requirements for an agricultural subdivision shall be as follows:

(1) The road or roads providing access to an agricultural subdivision shall meet the same standards of easement width and improvements as required for access to a minor subdivision pursuant to section 81.702(b).

(2) Except as required by subsection (b)(1), an agricultural subdivision shall not be subject to the dedication requirements in subsections 81.402(a), (b), (f), (g), (h) and (m).

(c) Notwithstanding any other provision of this division to the contrary, a subdivider for an agricultural subdivision shall be required to complete the following improvements:

(1) Grade and improve roads in accordance with County Standards for Private Roads.

(2) Install all drainage and erosion control structures, surfacing and facilities required by the Director in accordance with County Standards.

(3) Install water supply pipelines, fire hydrants and connections as may be required by the Planning Commission or Board.

(d) For an agricultural subdivision where each parcel shown on a parcel map contains a gross area of 20 acres or more, the subdivider shall meet all improvement requirements as specified in subsection (c)(1) above.

(e) Except as required by subsection (c)(1) and (2) above, an agricultural subdivision shall not be subject to the improvement requirements in subsection 81.404(a)(6), (a)(7) and (b).

(Added by Ord. No. 5189 (N.S.), effective 7-20-78; amended by Ord. No. 5890 (N.S.), effective 10-30-80; amended by Ord. No. 6276 (N.S.), effective 5-27-82; amended by Ord. No. 6508 (N.S.), effective 3-1-83; amended by Ord. No. 9063 (N.S.), effective 8-13-99; amended by Ord. No. 9675 (N.S.), effective 10-22-04; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10529 (N.S.), effective 5-18-18)