San Diego County Municipal Code Ch. 3 Road Right of Way Requirements, Street Improvement Standards and Setback…

The purpose of this chapter is to insure that adequate road rights of way are preserved for future public roads before a person constructs, erects or alters a structure on property zoned for commercial, manufacturing or multi-family use. This chapter also requires compliance with improvement standards and provides improvement security requirements for construction in these zones. This chapter also establishes street setbacks on property in all zones to bar the construction, erection or alteration of a structure that will interfere with current or future use of a road right of way.

(Added by Ord. No. 9974 (N.S.), effective 4-3-09)

The following definitions shall apply to this chapter:

(a) "Agricultural building" means a building located on property that allows an agricultural use and the building is used to store items used in a farming operation, including farm products, livestock, machinery or equipment, but is not used for residential purposes or open to the public.

(b) "Centerline" means an imaginary line on a street designated on an official survey, filed map or other document the County has approved that shows the center of a future or existing street.

(c) "Commercial zone" means property on which the Zoning Ordinance allows a commercial use.

(d) "Corner cut-off setback area" means any of the four triangular corner areas that begin 20 feet back from the setback lines of two intersecting streets that are established pursuant to section 51.307 of this chapter.

(e) "County Public Road Standards" (CPRS) means those standards for public roads approved by the Board of Supervisors and on file with the Clerk of the Board of Supervisors.

(f) "Director PDS" means the Director of the County Department of Planning and Development Services or anyone to whom the Director has delegated the authority to perform the Director's duties in this chapter.

(g) "Director DPW" means the Director of the Department of Public Works or anyone to whom the Director has delegated the authority to perform the Director's duties in this chapter.

(h) "Dwelling" means a building or portion of a building used exclusively as a residence. A "dwelling" includes a single-family, two-family, multi-family unit or any other family residential use recognized by the Zoning Ordinance, but does not include a hotel, boarding house or other group residential use identified in the Zoning Ordinance.

(i) "General Plan highway" means a street identified on the Circulation Element of the County General Plan with an established centerline.

(j) "Improvement" means work a person installs or agrees to install as a condition of a permit issued pursuant to this chapter.

(k) "Manufacturing zone" means property on which the Zoning Ordinance allows a manufacturing or industrial use.

(l) "Multiple residential zone" means property on which the Zoning Ordinance allows one of the following building types: "Attached, Three-to-Eight Dwelling Units" or "Multi-Dwelling."

(m) "Road right of way" means the area designated for use as a street, including the travel portion of the street, the shoulders, curbs, gutters, sidewalks, utilities, drainage facilities, traffic signs and any other improvements required by the CPRS.

(n) "Setback line" means an imaginary line on property that is parallel to the centerline of an abutting street that indicates the area on property beyond which erection, construction or placement of a structure is prohibited.

(o) "Street" means a County highway, State highway, other public road or alley, or a private thoroughfare at least ten feet wide that connects with a County highway, State highway, other public road or an alley which affords primary access to an abutting lot.

(p) "Street setback line" is a setback determined by measuring the distance from the centerline.

(q) "Structure" has the same meaning as the term "structure" in the County Building Code and includes a building.

(r) "Zoning setback line" is a setback established by the County Zoning Ordinance.

(Added by Ord. No. 9974 (N.S.), effective 4-3-09; amended by Ord. No. 10224 (N.S.), effective 10-25-12)

(a) Unless an exception under section 51.305 applies, no person shall construct, erect or alter a structure for which a building permit is required, on any property zoned for commercial, manufacturing or multi-family use, unless adequate road rights of way abutting the property that comply with the CPRS and the Circulation Element, have been dedicated or offered to the County through an irrevocable offer of dedication.

(b) In addition to meeting the requirements in subsection (a) above, the dedicated or offered road rights of way shall connect to: (1) a street in the County maintained road system, (2) a dedicated and improved State highway, (3) a dedicated and improved city street or (4) when approved by the Director, a proposed street or highway in subsections (1)-(3) above for which road rights of way have been dedicated or offered to the applicable jurisdiction through an irrevocable offer of dedication.

(Added by Ord. No. 9974 (N.S.), effective 4-3-09)

The Director, DPW may modify a requirement of this chapter if the application of the requirement may result in the property owner being deprived of all reasonable economic use of the property in violation of Federal or State Constitutional prohibitions against taking property without just compensation.

(Added by Ord. No. 9974 (N.S.), effective 4-3-09)

Section 51.303 shall not apply to the following:

(a) A one-family or two-family dwelling unit and any structure accessory to the dwelling unit.

(b) The alteration of an existing building or accessory structure or the construction or erection of one or more buildings or accessory structures on the same property where the total value of the work to be completed within any one-year period will not exceed one-half of the current market value of all existing structures on that property and the alteration of any existing building on the property will not result in a "change of use" or "change of occupancy" as those terms are used in the County Building Code.

(c) An outdoor sign or other advertising display.

(d) An agricultural building.

(e) An oil well.

(Added by Ord. No. 9974 (N.S.), effective 4-3-09)

(a) Each property boundary that is adjacent to a street shall be subject to a street setback line. The line shall be established depending on the classification of the street that the property is adjacent to and the zone in which the property is located. The distance in feet from the centerline of a street to the street setback line shall be based on the road right of way requirements in the CPRS and the additional footage as determined by the use of the property and the type of corridor classification for the street, as provided in Table 51.306.

TABLE 51.306 STREET SETBACK LINES BASED ON ZONING AND CORRIDOR TYPE

(b) No person shall erect, construct or alter a structure on any property abutting a general plan highway, without regard to how the property is zoned or on any property in a commercial, manufacturing or multiple residential zone if any portion of the structure protrudes or will protrude into the area between the street setback line and the centerline.

(c) No person shall change the use or occupancy of a building, within the meaning of County Building Code section 3406, if the building protrudes or will protrude into the area between the street setback line and the centerline.

(d) Whenever the Zoning Ordinance requires a greater zoning setback line for a front yard than the street setback line established by this chapter the front yard zoning setback line shall apply.

(Added by Ord. No. 9974 (N.S.), effective 4-3-09; amended by Ord. No. 9986 (N.S.), effective 5-13-09)

(a) In order to preserve an area for sight distance, future road right of way or other traffic safety or improvement needs, this section establishes a corner cut-off setback area that is in addition to the setback line established by section 51.306. A corner cut-off set back area is established at the four corners formed where a general plan highway intersects with any other street, when the abutting property is zoned for commercial, manufacturing or multi-family use. The corner cut-off setback areas shall be determined by measuring 20 feet from the intersection of each of the street setback lines parallel to the intersecting streets and connecting the points by an imaginary line. If no street setback line has been established, the front yard zoning setback line established by the Zoning Ordinance for the zone in which the property is located shall apply. The triangle formed by the measured 20 foot portions of the street setback lines and the imaginary line shall be the corner cut-off area. The corner cut-off area established by this section is illustrated in Figure 51.307A below. ("row" in figure 51.307A means "right of way")

FIGURE 51.307A

[Figure]

(b) No person shall construct, erect or alter a structure, whether or not it requires a building permit, or change the use or occupancy of a building, as those terms are used in the County Building Code, in a corner cut-off area established pursuant to subsection (a) above.

(Added by Ord. No. 9974 (N.S.), effective 4-3-09)

(a) For purposes of this chapter, adequate road right of way means the owner or the owner's predecessor in title has dedicated or made an irrevocable offer to dedicate the amount of land for road right of way purposes that the CPRS requires, based on the classification of the future road in the Circulation Element, or if the road is not a Circulation Element Road, on the Director DPW's determination of the classification for the road.

(b) If the road right of way is on the Bicycle Element of the County General Plan, an additional five feet of road right of way shall be dedicated for the construction of a bicycle lane. No additional dedication will be required, however, if the Director DPW determines that a "no-parking" restriction is more appropriate and the owner executes a covenant not to oppose a "no parking" restriction.

(c) If the Director DPW determines that the anticipated volume of traffic warrants a separate turn lane, acceleration or deceleration lane or any other additional area for right of way, an additional dedication of road right of way shall be required.

(d) If a property owner is required to dedicate one or more road rights of way pursuant to this chapter, the property owner shall furnish all information the Director DPW requires concerning the title to the property, property liens and encumbrances.

(Added by Ord. No. 9974 (N.S.), effective 4-3-09)

(a) A street improvement shall satisfy the County improvement standards if it complies with CPRS.

(b) When the Director DPW determines that the construction, erection or alteration of a structure that is subject to section 51.303 requires completion of road right of way improvements, the improvements shall be completed before the County issues a building permit, subject to section 51.315.

(Added by Ord. No. 9974 (N.S.), effective 4-3-09)

Unless an exception under section 51.304 applies, a person submitting an application for a building permit on any property zoned for commercial, manufacturing or multi-family use shall also request annexation of the property, without notice and hearing, into the San Diego County Street Light District. The person submitting the annexation request shall pay the cost of the annexation.

(Added by Ord. No. 9974 (N.S.), effective 4-3-09)

(a) A property owner constructing, erecting or altering a structure subject to section 51.303 shall submit plans and specifications to the Director DPW to install a street lighting system that provides the level of illumination specified in the current County Road Standards. The street light installation shall comply with the plans and specifications that the Director DPW approves.

(b) A property owner required to install street lights pursuant to this section shall deposit with the Director DPW fees sufficient to:

(1) Operate and maintain the street lights until the County accepts the street lights into the County street light system.

(2) Energize, maintain and operate the street lights after the County's acceptance, until benefit assessment revenues begin accruing from the property that are sufficient to pay the total cost to energize, maintain and operate the street lights.

(3) Comply with all other street light fees approved by the Board of Supervisors.

(Added by Ord. No. 9974 (N.S.), effective 4-3-09)

(a) A property owner subject to section 51.303 shall make arrangements with the serving utility companies for all existing utility distribution facilities, including cable television lines, to place the facilities underground along the frontage of the property. This section shall not apply to the installation and maintenance of overhead electric transmission lines in excess of 34,500 volts and long distance and trunk communications facilities.

(b) The Director DPW may require the property owner to execute a lien contract to have the utility distribution facilities placed underground within 10 years from the date of the agreement if in the Director's opinion the immediate placement of the facilities underground would not be in the public interest.

(c) The Director DPW may waive the requirement of this section when authorized by this code or by a resolution of the Board of Supervisors.

(Added by Ord. No. 9974 (N.S.), effective 4-3-09)

(a) If a property owner is required to dedicate road right of way or install street improvements pursuant to this code or as a condition of approval of any permit or project, the owner shall obtain a construction permit from the Director DPW, who shall accept the dedication subject to the property owner installing the improvements that comply with this chapter.

(b) The construction permit application shall be in a form required by the Director DPW and include a street improvement plan prepared by a civil engineer registered in the State of California and all required deposits.

(Added by Ord. No. 9974 (N.S.), effective 4-3-09)

(a) A property owner subject to section 51.303 shall pay the County the full costs the County incurs to process the improvement plans including: reviewing the site in the field, preparing and processing documents, checking improvement plans, determining street light requirements, performing inspections and laboratory testing.

(b) The property owner shall deposit with the Department of Public Works an amount the Director DPW determines is sufficient to cover the department's costs to process the improvement plans.

(c) If the department's costs are less than the amount deposited, the Director DPW shall refund the excess deposit. If the deposit is insufficient to pay the department's costs the owner shall pay, when requested by the Director DPW, the amount of the deficiency or the amount the Director DPW estimates is necessary to complete processing the improvement plans. No person shall be entitled to a certificate of occupancy until the person pays all the department's costs.

(Added by Ord. No. 9974 (N.S.), effective 4-3-09)

(a) The Director DPW may, with the concurrence of the Director PDS, allow a property owner to enter into one or more of the following agreements in lieu of requiring the property owner to install improvements before the County issues a building permit:

(1) An agreement secured by (A) a bond or bonds by one or more authorized corporate sureties, (B) an irrevocable letter of credit from a banking institution approved by the County or (C) a deposit of funds, negotiable securities or a combination of funds and securities. The Director may reject any security offered to secure an agreement if the Director determines that the security is not adequate to secure completion of the required improvements.

(2) A lien agreement for improvements required by this chapter which enters a lien in favor of the County in an amount that the Director DPW determines will be sufficient to complete the improvements. The lien amount shall be based upon the Director DPW's estimate of the future cost of completing the improvements at the time the County will require the improvements to be constructed. The lien shall be recorded against the property on which construction is proposed and shall not be subordinate to any other lien or encumbrance on the property.

(b) In lieu of an agreement under subsection (a)(1) above, the Director DPW, with the concurrence, may accept an agreement for which adequate security has been furnished, filed with the Clerk of the Board pursuant to Government Code sections 66410 et seq. (Subdivision Map Act) or County Code sections 81.101 et seq.

(c) An agreement under subsection (a) above shall require the improvements to be completed before any person shall occupy any building constructed, erected or altered that is subject to this chapter or within two years from the date of the agreement, whichever comes first. If completion of the improvements secured by a lien in subsection (a)(2) above is not needed to comply with a requirement of the California Environmental Quality Act and the Director DPW determines that it would not be in the public interest to require completion of the improvements within two years, the Director DPW may allow a longer period for the duration of the lien agreement or may allow the agreement to provide that the improvements shall be completed after notice by the County.

(Added by Ord. No. 9974 (N.S.), effective 4-3-09; amended by Ord. No. 10224 (N.S.), effective 10-25-12)

The effective date of this chapter is January 1, 1972. It applies to a building permit issued on or after that date even if the building permit application was made prior to the effective date of the chapter.

(Added by Ord. No. 9974 (N.S.), effective 4-3-09)