Chapter 9-509 — Parcel Mergers

The purpose of this Chapter is to provide procedures and standards for the merger of two or more existing, contiguous parcels or units of land under the same ownership in order to achieve orderly development, protect new development, and implement the General Plan as provided by the Subdivision Map Act.

Pursuant to the Subdivision Map Act and this Title, the County may initiate the merger of two or more parcels are under the same ownership if one of the parcels or units has less area than the minimum parcel area or lot area required for new parcels or lots by this Title for the regulating zone where the parcel(s) are located and if the requirements of Subsection (a) and (b) are satisfied.

(a)

Status of Development. At least one of the affected parcels: 1) is undeveloped by any structure for which a building permit was issued, or for which a building permit was not required at the time of construction; 2) is developed only with an accessory structure or structures; or 3) is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.

(b)

Substandard Conditions. With respect to any affected parcel, one or more of the following conditions exists:

(1)

The parcel comprises less than 5,000 square feet in area at the proposed time of merger;

(2)

The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

(3)

The parcel does not meet current standards for sewage disposal and domestic water supply;

(4)

The parcel has no legal access that is adequate for vehicular and safety equipment and their maneuverability;

(5)

Development of the parcel would create health or safety hazards; or

(6)

The parcel does not have a viable building site because of slope stability standards.

(c)

Ownership. For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that the Notice of Intention to Determine Status is recorded pursuant to this Chapter.

(d)

Exceptions. This section shall not apply if any of the conditions stated in Sections 66451.11(b)(A), (B), (C), or (D) of the Subdivision Map Act exist.

Mergers may be initiated by the Board of Supervisors, the Planning Commission, or the Zoning Administrator. The process for County-Initiated mergers shall be managed by the Zoning Administrator using the Common Procedures in Chapter 9-802, with the following modifications:

(a)

Notice of Intention to Determine Status. Prior to recording a Notice of Merger, the Zoning Administrator shall mail, by certified mail, a Notice of Intention to Determine Status to the current recorded owner of the property.

(1)

The Notice of Intention to Determine Status shall state that the affected parcels may be merged pursuant to this Chapter and that the owner may request a hearing before the Zoning Administrator to present evidence that the property does not meet the criteria for merger.

(2)

The Notice of Intention to Determine Status shall be filed for record with the County Recorder on the date the notice is mailed to the property owner.

(b)

Hearing on Determination of Status. The owner of the affected parcels may submit a written request to the Zoning Administrator at any time within 30 days after the recording of the Notice of Intention to Determine Status for a public hearing to determine whether his parcels should or should not be merged. When a public hearing is requested, the following procedures shall be followed:

(1)

Scheduling of Hearing. Upon receipt of the written request for a hearing, the Zoning Administrator shall set a time, date, and place for the hearing and notify the property owner of this information by certified mail. The hearing shall be conducted not more than 60 days following the filing of the property owner's request for a hearing, or the hearing may be postponed or continued by mutual consent of the Zoning Administrator and the property owner.

(2)

Presentation of Evidence. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements for merger specified in Section 9- 508.020, Subsection (a) and (b).

(3)

Decision. At the conclusion of the hearing, the Zoning Administrator shall make a determination that the parcels are to be merged or are not to be merged, based on the standards for merger specified in Section 9-508.020, Subsection (a) and (b). The owner shall be notified of the Zoning Administrator's determination.

(4)

Appeal. The owner of the property may appeal the Zoning Administrator's determination to the Planning Commission pursuant to the procedures set forth in Chapter 9-802, Common Procedures.

(c)

Notice of Merger. If it is decided that the parcels are to be merged, the Zoning Administrator shall file a Notice of Merger with the County Recorder within the following time limits:

(1)

Within 30 days after the conclusion of the hearing specified by Subsection (b);

(2)

Within 30 days after the conclusion of any appeal hearing; or

(3)

Within 90 days after the mailing of the Notice of Intention to Determine Status specified in Subsection (a) if the owner of the affected parcels has not filed a Request for Hearing within the time period specified in Subsection (b).

(d)

Release of Notice of Intention to Determine Status. If it is decided that the parcels are not to be merged, the Zoning Administrator shall file a Release of Notice of Intention to Determine Status with the County Recorder and shall mail a clearance letter to the recorded owner of the affected parcels.

(a)

Voluntary Merger Applications. Request for a voluntary merger of contiguous parcels under common ownership may be initiated by the property owners or the property owner's authorized agent by submitting a Merger of Parcels application and all required documents to the Community Development Department. A fee, as specified by resolution of the Board of Supervisors, shall be required.

(b)

Permit Review Procedure. Merger of Parcels applications shall be reviewed ministerially by the Zoning Administrator pursuant to the procedures in Chapter 9-803, Zoning Compliance Review.

(c)

Development Standards. Mergers approved under the provisions of this Section shall be subject only to those conditions which ensure that the proposal meets the minimum area and width requirements of the regulating zone. All mergers shall be recorded with an instrument evidencing the merger, known as a Notice of Merger.

A property owner may apply to the County for a determination that any parcels or units of land for which a Notice of Merger had not been recorded on or before January 1, 1984, are deemed not to have been merged under Section 66451.30 of the Subdivision Map Act. If the Zoning Administrator determines that the parcels meet the standards specified in Section 66451.30, the County shall issue the owner, and record with the County Recorder, a Notice of the Status of the parcels and a Declaration that the parcels are not merged.

Chapter 9-510 - Reversion to Acreage

The purpose of this Chapter is to establish procedures under which subdivided property may be reverted to acreage. Applications for Reversion to Acreage may be initiated by petition of all of the owners of record of the parcels or by the owners of record authorized agent, or by the Board of Supervisors in a resolution initiating such proceedings. The application shall include a Tentative Map, evidence of title to the real property, and such other information as may be required by the Zoning Administrator.

The owners' petition for a reversion to acreage shall contain all of the following:

(a)

Evidence of title to the real property within the subdivision;

(b)

Evidence of the consent of all of the owners with an interest in the property;

(c)

Evidence that none of the improvements required to be made have been made within two years from the date the final or Parcel Map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later;

(d)

Evidence that no lots shown on the final or Parcel Map have been sold within five years from the date such final or Parcel Map was filed for record;

(e)

A Tentative Map in the form required by this Series, and, if applicable, a final or Parcel Map in the form required by this Series, that delineates dedications that will not be vacated and dedications required as a condition to reversion. Final or Parcel Maps shall be conspicuously designated with the title, "The Purpose of this Map is a Reversion to Acreage";

(f)

The required fees; and

(g)

Any other information the Zoning Administrator may require.

A Reversion to Acreage Application shall be reviewed using the Common Procedures for discretionary review by the Planning Commission specified in Chapter 9-802, with modifications as follows:

(a)

Staff Review and Recommendation. The final or Parcel Map for the reversion together with all other data as required by this Chapter shall be submitted to the Zoning Administrator for review. Upon finding that the petition meets all the requirements of this Series and the Subdivision Map Act, the Director of Public Works shall submit the final or Parcel Map, together with a report and recommendations of approval or conditional approval of the reversion to acreage, to the Board of Supervisors for its consideration. If County staff denies the Reversion to Acreage application, the action is final unless appealed.

(b)

Board of Supervisors. The Board of Supervisors shall hold a Public Hearing to take final action if County staff has recommended approval or if the County Staff's denial was appealed.

The Board of Supervisors may approve a Reversion to Acreage Application only if it finds that any outstanding dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes, based on the General Plan, and that:

(a)

Consent. All owners of an interest in the real property within the subdivision have consented to reversion; and

(b)

Lack of Improvements. None of the improvements required to be made have been made within two years from the date the final or Parcel Map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or

(c)

Lack of Lot Sales. No lots shown on the final or Parcel Map have been sold within five years from the date such map was filed for record.

The Board of Supervisors shall require as conditions of the reversion:

(a)

Dedications. Dedications or offer to dedicate any needed streets or easements; and

(b)

Retentions. The retention of all or a portion of previously paid subdivision fees, deposits, or improvements securities if they are necessary to accomplish any of the provisions of this Title. All other fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the Board following approval of a reversion to acreage

Except as provided in Section 9-510.050, upon filing of a Final Map for Reversion of Acreage with the County Recorder, all fees and deposits shall be returned to the subdivider, and all improvement securities shall be released by the Board of Supervisors.

Reversion shall be effective upon the filing of the Final Map for record with the County Recorder. Upon filing, all dedications and offers of dedication not shown on the Final Map for reversion shall be of no further force and effect and shall be shown as such on the assessment roll.

If there are four or fewer parcels under the same ownership to be reverted to acreage, the recording of a Parcel Map shall constitute a legal reversion to acreage of the land, abandonment of all streets and easements not shown on the Parcel Map, and a merger of the separate parcels into one parcel, and these shall be shown as such on the assessment roll.

Chapter 9-511 - Lot Line Adjustments

The purpose of this Chapter is to provide a method for approving lot line adjustments that meet the standards set forth of this Chapter and this Title.

(a)

Type of Decision. The tentative approval of lot line adjustments and subsequent review and approval of deeds are ministerial acts and not subject to CEQA; except when the lot line adjustment is processed concurrently with an application requiring discretionary approval. Under such circumstances, the lot line adjustment application must be considered a reasonably foreseeable project under CEQA and the potential impacts resulting from approval of the lot line adjustment shall be evaluated as part of the cumulative analysis conducted on the underlying use permit or other discretionary approval. Evaluation of the environmental effects of the lot line adjustment application because it is a reasonably foreseeable project shall not, however, result in the approval of the lot line adjustment application becoming a discretionary act; it remains ministerial.

(a)

Initial Filing. An application for a lot line adjustment shall be filed with the Community Development Department.

(b)

Contents of Application. Each application for a lot line adjustment shall be accompanied by all of the following and the required fee on the application:

(1)

Copies of the document(s) that establish each of the parcels involved in the lot line adjustment as a legal lot of record.

(2)

As required by the lot line adjustment application the required copies of a tentative lot line adjustment site plan 18" x 26", and 8 ½ "x 11" accurately drawn to scale shall be submitted. Measurements shall be identified by feet, square feet or acres to the nearest tenth. The site plan shall contain and specifically conform to all of the following:

(A)

All exterior and interior lines of the involved parcels shall be shown and shall be identified by course and bearing description, based on survey data, calculated data, or information of record;

(B)

Proposed new lines and lines to be eliminated shall be so identified in written notation or by legend. Lines to be eliminated shall be dashed or otherwise drawn and shown to be merged so as to be clearly distinguished from and subordinate to the proposed new lines;

(C)

All existing structures shall be accurately located on the map identifying the original parcels, together with their current existing uses;

(D)

The distance from each existing structure to the nearest boundary line of the resulting parcel on which that structure will be located following the lot line adjustment shall be noted;

(E)

The distance from existing wells, septic tanks, leach fields, and special sewage disposal systems to the nearest proposed boundary line of the resulting parcels shall be noted;

(F)

The locations, purpose and width of all existing and proposed easements, streets and utilities shall be noted;

(G)

The approximate location of all watercourses and existing drainage structures, including the location of any floodway and the top of the bank, if discernible, shall be noted;

(H)

The recording information for any existing Williamson Act contract affecting any of the parcels involved in the lot line adjustment shall be noted on the site plan, and a copy of the contract shall be provided with the application; and

(I)

All assessor's parcel numbers currently assigned to each parcel involved in the application shall be noted. In the case of newly recognized parcels, a copy of the vesting instrument, deed, or certificate reference shall be provided;

(3)

The signed consent and mailing addresses of all owners of recorded fee title interests and of all lienholders of record of each parcel involved in the lot line adjustment. For Corporations, LLCs, LPs, Companies, NonProfits, Associations, and Partnerships, consent shall be evidenced by a copy of a resolution of the Corporation's Board of Directors designating which corporate officer(s) shall have the power to execute on behalf of the corporation, or documentation showing which individual(s) in an LLC, LP, Company, NonProfit, Association or Partnership has authority to make decisions affecting real estate. If such owners and/or lienholders change after the application has been filed and before the lot line adjustment has been

consummated by recordation of deeds, the signed consent of such new owners and/or lienholders shall also be filed with the Zoning Administrator or the application shall be deemed withdrawn; and

(4)

An indemnification agreement together with a signed statement that the application is complete and accurate to the best of applicant's knowledge.

(5)

An acknowledgment, signed by the applicant, stating that the applicant understands that the lot line adjustment is not an entitlement to build and that the requirements of this Title for water systems, wastewater treatment and disposal, and private on-site wastewater disposal facilities in Chapters 9-602, 9- 604, and 9-605 must be met before a building permit can be issued.

(c)

When an Application is Incomplete. If an application for a lot line adjustment fails to contain any of the foregoing information, or if it is determined not to be in compliance with the Subdivision Map Act (Government Code Section 66410 et seq., Section 66412(d)), the Zoning Administrator shall determine it to be incomplete and the applicant shall be notified within 30 days of the date the application was received.

9-511.030 - INITIAL REVIEW AND APPROVAL STANDARDS

(a)

Referral for Comment. Upon determining that an application is complete, the Community Development Department shall refer the application for comments to other public agencies as deemed necessary.

(b)

Standards for Review. The Zoning Administrator shall approve the lot line adjustment if it meets the following standards at the time the filed application is deemed complete.

(1)

The lot line adjustment will result in the transfer of property between at least two, but no more than four, existing adjoining legal parcels. Parcels are adjoining only if each of the parcels proposed for adjustment abuts at least one of the other parcels involved;

(2)

The lot line adjustment will not create a greater number of parcels than originally existed.

(3)

The lot line adjustment should not increase the number of parcels that do not meet the minimum parcel size for their zone. Parcels that equal or exceed the minimum parcel size established by the applicable zone shall not be reduced by the lot line adjustment to below the minimum parcel size unless an equal number of parcels involved in the lot line adjustment that are (a) located within the same zone and (b) are smaller than such minimum parcel size prior to the lot line adjustment will be increased by the lot line adjustment to exceed the minimum parcel size;

(4)

No public utility easement shown on a Final Map or Parcel Map will be adversely affected by the lot line adjustment;

(5)

All parcels shall conform to the zone minimum of the parcel area before and after adjustment or at least not increase the number of existing, nonconforming parcels, unless compliance with such requirements is waived by variance in conjunction with the approval of the lot line adjustment. Nonconforming parcels shall not be transferred from one zone classification to another zone classification.

(6)

If the parcel(s) or a portion of the parcel(s) to be adjusted are under a Williamson Act Contract or Farmland Security Zone Contract, the property owner shall apply to rescind the current contracts and enter into new contracts prior to recording the Notice of Lot Line Adjustment. Lot line adjustments involving parcels that are all wholly under the same Williamson Act Contract or Farmland Security Zone Contract are exempt from this requirement.

(A)

The Notice of Lot Line Adjustment shall not be recorded until the Williamson Act Contract or Farmland Security Contract has been deemed complete for processing. Filing fees are required for this application. This requirement is pursuant to Government Code Section 51257.

(Ord. No. 4632, § 23, 9-26-2023; Ord. No. 4683, § 24, 12-9-2025)

(a)

Right to Withdraw. An applicant may withdraw the application for lot line adjustment at any time prior to recordation of the deeds by filing a written request for withdrawal with the Community Development Department or Designated Agent.

(b)

Failure to File and Record Deeds. Failure by the applicant to record the deeds consummating the lot line adjustment within one-year of the date of the recordation of the Notice of Lot Line Adjustment shall void all such approvals and be deemed a withdrawal of the application for the lot line adjustment.

(c)

Extension of Time. The Zoning Administrator may grant a one-year extension of time for recording the Notice of Lot Line Adjustment after approval of the lot line adjustment application. The request for the oneyear time extension must be in writing to the Community Development Department prior to the expiration date of the approval and must state the reason for requesting the extension. A processing fee for this request shall be required.

(a)

Submission of Lot Line Adjustment and Legal Description(s). When a Lot Line Adjustment application has received approval from the Zoning Administrator, the applicant shall within 36 months from the date of approval provide the County Surveyor with legal description(s) and exhibit maps, wet stamped and signed by a California-licensed land surveyor or California-licensed civil engineer, consistent with the approval and demonstrating compliance with all approval standards for lot line adjustments in this Chapter. The legal description(s) shall clearly describe each of the resultant parcels and shall contain the express statement of intent by the grantor to eliminate any underlying boundary lines consistent with the requirements of Civil Code Section 1093. No record of survey has to be submitted unless required by Business and Professions Code Section 8762.

(b)

Notice of Lot Line Adjustment and Recording of Legal Descriptions. Upon receipt of the legal descriptions required by Subsection (a), the County Surveyor shall review them and authorize the deeds to be recorded if the County Surveyor finds that the legal descriptions are consistent with the tentative approval of the lot line adjustment, including compliance with all of the approval standards for lot line adjustments in this Chapter. The County Surveyor will forward the legal descriptions to the Community Development

Department to record with a Notice of Lot Line Adjustment. The Notice of Lot Line Adjustment shall then be recorded by the Community Development Department at the expense of the applicant. The Notice of Lot Line Adjustment shall be deemed final only when the consummating deed(s) to perfect the lot line adjustment have been recorded by the County Recorder.

(c)

Legal Descriptions Inconsistent with Tentative Approval. If the County Surveyor determines that the final legal description(s) of the lot line adjustment submitted as required by Subsection (c) are not consistent with the tentative approval, including compliance with the approval standards of the tentative approval, the County Surveyor will provide corrections for the legal descriptions and notify the applicant of such corrections in writing. Upon receipt of notice of corrections of the legal descriptions, the applicant shall have the right to resubmit revised legal descriptions to the County Surveyor as long as such resubmission occurs before expiration of the period specified in Subsection (a), exclusive of any time between submission of the legal description(s) to the County Surveyor and notification of the applicant that the legal description(s), as submitted, has been rejected.

(d)

Required Statement on Legal Descriptions for Transfer. Each legal description for transfer required by Subsection (c) shall include the following language in the express written statement of intent immediately following the legal description: "This parcel was involved in a lot line adjustment pursuant to which the boundaries of [insert number of parcels adjusted] parcels comprising [insert total acreage of parcels] acres were adjusted and is therefore subject to the applicable provisions of the Development Title of the County of San Joaquin Code of Ordinances."

(Ord. No. 4632, § 24, 9-26-2023

The approval or denial by the Zoning Administrator of a lot line adjustment is a final act and not subject to appeal.

Chapter 9-512 - Certificates of Compliance

The purpose of this Chapter is to provide a method of reviewing requests to determine the compliance of land with the Subdivision Map Act and this Title. A Certificate of Compliance shall be issued for any "real property which has been approved for development," as defined in Government Code Section 66499.34, upon request by the owner(s) of the real property or vendees of such owner(s) pursuant to a contract of sale of the property.

(a)

Who May Request a Certificate. An Application for a Certificate of Compliance may be made by any person owning real property subject to the provisions of this Title or a vendee of such person pursuant to a contract of sale of such property.

(b)

Information and Fee Required. Applications for Certificates of Compliance shall include a site plan and any other maps or documents required by the Zoning Administrator. A fee, as specified by resolution of the

Board of Supervisors, shall be required.

If the application is complete, the Zoning Administrator, in consultation with the County Surveyor, shall review the application for a Certificate of Compliance and make one of the following determinations based on that review:

(a)

Issuance. If the parcel is found to comply with the Subdivision Map Act and this Title, a Certificate of Compliance shall be issued; or

(b)

Conditional Issuance. If the parcel does not comply with regulations in effect at the time of its creation or does not comply with this Title, the parcel shall be found not to comply with the Subdivision Map Act and these Subdivision Regulations, and a Conditional Certificate of Compliance stating the conditions required to bring the parcel into compliance shall be issued, pursuant to Section 66499.35(b) of the Government Code.

(1)

Only conditions that would have been applicable at the time the applicant acquired his or her interest in the property may be imposed.

(2)

Conditions may not exceed the requirements at the time the parcel was created. However, if an applicant was the owner of record at the time of the initial violation of the Subdivision Map Act or of local ordinances enacted pursuant to the Act, conditions may be imposed which are applicable to a current division of property.

(3)

Fulfillment of all conditions shall be required prior to issuance of any permit or grant of approval for development of the property.

A recorded Final Map or Parcel Map shall constitute a Certificate of Compliance declaring all parcels described therein to be in compliance with the Subdivision Map Act and these regulations.

A Certificate of Compliance shall be issued for any "real property which has been approved for development," as defined in Government Code Section 66499.34, upon request by the owner(s) or the real property or vendees of such owner9s) pursuant to a contract of sale of the property.

The granting of a Certificate of Compliance does not constitute a guarantee that the property may be built upon or developed.

Chapter 9-513 - Revisions of Approved Actions

The purpose of this Chapter is to provide a method for allowing amendments to recorded maps as provided for in Section 66472.1 of the Government Code and to conditions of approved applications.

(a)

Limitations on Procedure. This procedure shall not be used for amendments to the face of a Tentative Map or a Vesting Tentative Map of an approved Major or Minor Subdivision Application. For such changes, a new Major or Minor Subdivision Application shall be filed.

(b)

Initiation. Applications for Revisions of Approved Actions may be initiated by the property owner or by the property owner's authorized agent. The application shall include such documents and other information required by the Zoning Administrator. A fee, as specified by resolution of the Board of Supervisors, shall be required.

Applications shall be reviewed and acted upon using the procedure specified below.

(a)

Minor Subdivision Applications. For amendments to conditions of a Tentative Parcel Map or a Vesting Tentative Parcel Map of an approved Minor Subdivision Application, the Zoning Administrator shall be the reviewing authority using the notice and hearing procedures for discretionary review in Chapter 9-802, Common Procedures.

(b)

Major Subdivision Applications. For amendments to conditions of a Tentative Map or a Vesting Tentative Map of an approved Major Subdivision Application, the Planning Commission shall be the reviewing authority using the notice and hearing procedures for discretionary review in Chapter 9-802, Common Procedures.

(c)

Other Discretionary Applications. For amendments to conditions of all other approved discretionary applications, the Review Authority for the original application shall be the reviewing authority using the notice and hearing procedures for discretionary review in Chapter 9-802, Common Procedures. Exceptions apply to projects that are normally reviewed by the Planning Commission, but were reviewed by the Board of Supervisors on appeal. In such cases, the Review Authority shall be the Planning Commission.

(d)

Parcel Maps or Final Maps. For amendments to a Parcel Map or a Final Map, the Planning Commission shall be the reviewing authority, using the notice and hearing procedures for discretionary review in Chapter 9-802, Common Procedures. The Commission shall confine its review to consideration of and action on the proposed amendment.

Prior to approving an application for Revisions of Approved Actions, the Zoning Administrator, Planning Commission, or Board of Supervisors, as the case may be, shall make the following findings:

(a)

Major or Minor Subdivisions. For amendments to conditions of a Tentative Map, Tentative Parcel Map, or a Vesting Tentative Map of an approved Major or Minor Subdivision Application:

(1)

There are changes in circumstances that make any or all of the conditions of the Tentative Map, Tentative Parcel Map, or the Vesting Tentative Map no longer appropriate or necessary; and

(2)

The revised conditions of the Tentative Map, Tentative Parcel Map, or the Vesting Tentative Map conform to the provisions of Chapters 9-503 and 9-504.

(b)

Other Discretionary Applications. For amendments to conditions of all other approved discretionary applications, the Review Authority shall find that all the findings required for the discretionary application under consideration shall continue to be true.

(c)

Parcel Maps or Final Maps. For amendments to a Parcel Map or a Final Map, the Planning Commission shall find that all of the following are true:

(1)

There are changes in circumstances that make any or all of the conditions of such map no longer appropriate or necessary;

(2)

The amendments do not impose any additional burden on the present fee owner of the property; and

(3)

The amendments do not alter any right, title, or interest in the real property reflected on the recorded map.

Chapter 9-514 - Time Extension

The purpose of this Chapter is to provide a method for allowing time extensions for approved applications. Applications for Time Extensions may be initiated by the property owner or the property owner's authorized agent. The application shall include such documents and other information as required by the Zoning Administrator and shall be submitted prior to the expiration date of the original development application. A fee, as specified by resolution of the Board of Supervisors, shall be required.

Applications for Time Extensions shall be reviewed and acted upon by the Review Authority that approved the original development application. Time Extension Applications shall be reviewed using the review procedure required for the original development application, except for the modifications specified below:

(a)

Major or Minor Subdivisions. If an application for an extension of the expiration date of an approved Major or Minor Subdivision Application is denied, the applicant may appeal the decision within 10 days of the denial.

(b)

Vested Rights. If an application for an extension of the expiration date of the vested rights in effect after the filing of a Parcel Map or Final Map is denied, the applicant may appeal the decision within 10 days of the denial.

(a)

Automatic Time Extension. Upon receipt of an application for Time Extension from the landowner (or the landowner's successor in interest) submitted prior to the expiration of the landowner's approved development application, the Zoning Administrator shall grant an automatic extension of the expiration date for a period of not to exceed 60 days, or until the application for Time Extension is approved, conditionally approved, or denied, whichever occurs first. The period of this automatic time extension shall be deducted from the time period for the Time Extension application that is subsequently submitted by the landowner for the development application.

(b)

Time Extensions for Major or Minor Subdivisions. Time Extensions for Major or Minor Subdivision Applications may be granted as follows:

(1)

An extension of the expiration of an approved Major or Minor Subdivision Application may be granted for a period or periods not to exceed six years. Upon receipt of an application for Time Extension, the approved

Major or Minor Subdivision Application shall be automatically extended for 60 days, or until the application for Time Extension is approved, conditionally approved, or denied, whichever occurs first.

(2)

An extension of the expiration date of the vested rights in effect after the filing of a Parcel Map or a Final Map may be granted for a period or periods not to exceed one year.

(3)

An extension of the expiration date of an approved Major or Minor Subdivision application may be granted by the Zoning Administrator for period of time during which a lawsuit, involving the approval or conditional approval of the Tentative Map, is or was pending in a court of competent jurisdiction. The application for such an extension shall include documentation of the dates from when the lawsuit was filed with the court and when the case was dismissed, or a final judgment rendered by the court.

(c)

Time Extensions for Other Development Applications. Time Extensions for approved development applications may be granted by the Review Authority for a period or periods not to exceed two years.

Chapter 9-515 - Notice Of Violation

The intent of this Chapter is to provide for notice of violations of provisions of this Series.

Pursuant to the Subdivision Map Act, whenever the Zoning Administrator finds that any real property has been divided, or any boundary line of any parcel relocated, in violation of this Series, he or she shall cause to be mailed, by certified mail to the then current owner of record of the property, a notice of intent to record a Notice of Violation. This tentative Notice of Violation shall contain the following:

(a)

Property Description. A description of the real property;

(b)

Record Owner. The name(s) and address(es) of the owner(s) of record;

(c)

Violations. A description of the violation(s) alleged;

(d)

Explanation. An explanation as to why the subject parcel is not lawful under the relevant provisions of this Series and the Subdivision Map Act; and

(e)

Notice of Meeting. A time, date, and place where the Zoning Administrator will conduct a meeting to consider said violation(s) of this Series.

Within 15 mailing days of receipt of the tentative Notice of Violation described in Section 9-515.020, the property owner of record shall inform the Zoning Administrator in writing of their objection to the recordation of a Notice of Violation and may request a meeting to present evidence as to why a Notice of Violation should not be recorded. Failure to so inform the Zoning Administrator within the 15 mailing days shall result in a Notice of Violation being recorded with the County Recorder pursuant to Section 9-515.050.

A meeting, as required pursuant to Section 9-515.020, shall be conducted no less than 30 days and no more than 60 days after the mailing of the tentative Notice of Violation. At the meeting, the owners of the property shall be given the opportunity to present to the Zoning Administrator any evidence relevant to show why a Notice of Violation should not be recorded.

After the owner has had the opportunity to present evidence at the meeting, the Zoning Administrator shall take either of the following actions:

(a)

Clearance Letter. Determine that there has been no violation and mail a clearance letter to the then current owner of record; or

(b)

Notice of Violation. Determine that the property has in fact been illegally divided and record a Notice of Violation with the County Recorder.

Series 600: - Infrastructure Standards and Service Financing Chapter 9-600 - Infrastructure Standards: General Provisions

This Chapter establishes the general requirements for infrastructure improvements. It is intended to ensure the provision of adequate infrastructure for new development, expansion of existing uses, and replacement of previous uses of property, consistent with the General Plan.

The following requirements shall apply to all development, including all projects for which a building permit is required, unless otherwise exempted by this Title.

(a)

Obligation to Provide Public Improvements. All subdividers and developers shall grade and improve, or agree to grade and improve, all land dedicated or to be dedicated for public improvements. All improvements shall be designed and constructed to County specifications and standards for public works and shall conform to the approved Tentative Map or approved development project. The County may require the developer or subdivider to pay an in-lieu fee for the cost for off-site public improvements as part of a County construction contract. Unless otherwise specified, all public improvements must be dedicated to the public agency responsible for their maintenance and operation.

(b)

Minimum Requirements. The provisions of this Chapter are minimum requirements; the Director of Public Works shall determine whether the proposed improvements are adequate and appropriate for the site on which the project is, or is proposed to be, located and may condition approval on changes to them to conform to the standards of this Series.

(c)

Geographical Areas. The specific geographical area in which a development project is located shall provide the basis for determining the types of infrastructure that will be required. These geographical areas shall be those identified in the General Plan. In cases where boundary interpretations are required, the Zoning Administrator shall make these interpretations.

(d)

Infrastructure Service Provided by Non-County Agency or Special Districts.

(1)

Development Project Application Requirements. All applications for development projects or projects where services are required (e.g., Zoning Compliance Reviews, use permits, major and minor subdivisions, and other permits) shall include a written statement from each agency or special district stating that the agency or special district will serve the proposed development project and has, or will have, the capacity to provide such service at the time of development.

(2)

Building Permits. Building permits shall be issued only if the developer provides written confirmation from each agency or special district providing service that the agency or special district has authorized service to the project.

(e)

Completion of Improvements.

(1)

Major and Minor Subdivisions.

(A)

Improvements Prior to Approval of Map. The following improvements required by this Series shall be completed prior to approval of a Final Map or Parcel Map:

(i)

Where the subdivision requires a water system including new wells, the wells and water system shall be designed and included on the improvement plans submitted for review and approval. The new wells shall be constructed and tested for quality and quantity in a manner satisfactory to the Environmental Health Department and the Department of Public Works prior to acceptance by the maintaining agency or special district. The public water system shall comply with the requirements of Title 22 of the California Code of Regulations and the California Fire Code; and,

(ii)

The public water system shall comply with Chapters 9-602 and 9-603.

(iii)

All other improvements required by this Chapter, or as a condition of approval, shall be completed to the satisfaction of the responsible department or agency, or be included in a subdivision improvement agreement, per Subsection (i), prior to approval of a Final Map or a Parcel Map.

(B)

Improvements Prior to Issuance of a Building Permit. The following improvements shall be completed to the satisfaction of the responsible department, agency, or special district prior to the issuance of a building permit unless a deferred completion is allowed pursuant to a subdivision improvement agreement and a deferred participation agreement pursuant to paragraph (i), below:

(i)

Where served by a public water system, that system shall be operational and provide adequate water quantity and pressure for fire protection and shall comply with the requirements of Title 22 of the California Code of Regulations;

(i)

Roads and driveways shall be constructed to meet the minimum requirements of the California Fire Code, as adopted by the County, or County Improvement Standards, as applicable; and

(ii)

Drainage facilities shall be approved by the Department of Public Works.

(C)

Improvements Prior to Final Inspection. All other improvements required by this Chapter, or as a condition of approval, shall be completed to the satisfaction of the responsible department, agency, or special district prior to the issuance of a Certificate of Occupancy or approval of a final building inspection. Adjacent

sidewalks and roadways also are subject to inspection for possible damage during construction and whether repairs have been made to County's standards.

(2)

Other Development Projects Requiring Building Permits or Public Improvement Plans.

(A)

Improvements Prior to Issuance of a Building Permit. Unless otherwise specified, the following improvements shall be completed to the satisfaction of the responsible department, agency, or special district prior to the issuance of a building permit unless a deferred completion is allowed pursuant to a subdivision improvement agreement and a deferred participation agreement pursuant to paragraph (i), below:

(i)

Where served by a public water system, that system shall be operational and provide adequate water quantity and pressure for fire protection and shall comply with the requirements of Title 22 of the California Code of Regulations;

(i)

Roads and driveways shall be constructed to meet the minimum requirements of the California Fire Code and the Department of Public Works, as applicable; and

(ii)

Drainage facilities shall be approved by the Department of Public Works.

(B)

Improvement Prior to Final Inspection. Unless otherwise specified, all improvements required by this Chapter, or as a condition of approval, shall be completed to the satisfaction of the responsible department, agency, or special district prior to the issuance of a Certificate of Occupancy or approval of a final building inspection.

(f)

Irrevocable Offer of Dedication for Access and Other Off-site Improvements. Applications for development projects shall be accepted only if the applicant provides, at applicant's cost for processing by the County, a dedication or an irrevocable offer of dedication from an adjacent or other property owner(s), if such a dedication or offer is deemed necessary by the Department of Public Works for access and for off-site improvements.

(g)

Public Improvement Plan Requirement for Wastewater Disposal, Water, or Drainage System. A Public Improvement Plan is required as part of an application for a development project that requires establishment of a new public wastewater disposal, water, or drainage system for the geographical areas to

be ultimately served by such a system. The cost to prepare such an improvement plan may be included in an area of benefit if one is established for that system. If the development project is included in an existing Specific Plan, Special Purpose Plan, or Master Plan, the County may require that the Plan be updated or amended if the development project is proposing a significant change in the plan.

(h)

Expansion of System Improvements. The Planning Commission, the Director of Public Works, or the Zoning Administrator, whoever has permit approval authority, may require system improvements beyond those necessary for the proposed development project for the benefit of property not included in the development project when such improvements are deemed necessary for future development of an area, consistent with the General Plan. Upon completion and written acceptance of such improvements, they shall be deemed dedicated to the agency responsible for their maintenance and operation. The requirement for expanded system improvements shall be imposed in accordance with the provisions of Sections 66485 through 66489 of the Government Code. The criteria to be applied in determining whether expanded system improvements are to be required shall include, but are not limited to, the following:

(1)

Size, type, or location of the proposed development project;

(2)

Capacity of the existing system;

(3)

Undeveloped acreage within the service area of the County, the non-County agency, or special district;

(4)

Projected service demand within the service area of the County, the non-County agency, or special district; and

(5)

Future land uses within the service area of the agency as established by the General Plan.

An Area of Benefit, or other financing mechanism, may be established by the Board of Supervisors to reimburse the cost of the system improvements beyond those necessary for the proposed development.

(i)

Improvement Plans for Public Improvements. Public Improvement Plans prepared by a California-registered professional engineer are required for construction of any required public improvements. These plans shall consist of drawings, details, and specifications sufficient to describe the construction of the improvements and to bid the project for construction. Public Improvement Plans shall be submitted for review and approved by the agency providing the service prior to approval by the Department of Public Works. All Public Improvement Plans must be approved by the Director of Public Works prior to submitting any Final

Map for acceptance by the County and prior to construction of any subdivision improvements or prior to issuance of any building permit for development on the site.

(j)

Guarantees Provided by Developers Relative to Improvements.

(1)

Subdivision Improvement Agreement. If any public or private improvements are required as a condition to the approval of a Final Map or Parcel Map, a subdivision improvement agreement shall be executed between the developer and the County guaranteeing construction of the improvements within a specified period.

(2)

Deferred Improvement Participation Agreement. If the Director of Public Works allows any required infrastructure improvements to be deferred, a deferred improvement participation agreement shall be executed between the developer and the County providing a guarantee or warranty of construction of these improvements.

(3)

Agreement Security. Any agreements to install public or private reflecting the approved improvement plans improvements shall be secured in accordance with the provisions of Section 66499 of the Subdivision Map Act. The amount of the security shall be based on a construction cost estimate prepared by the developer's engineer reflecting the approved improvement plans and approved by the Department of Public Works. Securities are intended to guarantee construction of approved improvements and not design of future improvements. Unit costs shall be determined by the Department of Public Works, based on costs for similar work on County Public Works projects. Security for improvements shall be provided as follows:

(A)

Faithful Performance Bonds. Where public and private improvements are required by the provisions of this Division, the subdivider shall provide a faithful performance bond guaranteeing the faithful performance of all work, excluding work to be performed by public utilities, in a sum equal to 100 percent of the estimated cost of such work as provided in Sections 66499 and 66499.1 of the Subdivision Map Act. The subdivider shall also guarantee labor and materials in an amount equal to 50 percent of the faithful performance bond as provided in Section 66499.3 of the Subdivision Map Act. This sum shall include any other fees that may be required by the Department of Public Works.

(B)

Bonds by Surety Companies. All tax bonds for special assessments as required by California Government Code Section 66493 and all faithful performance bonds referred to in this Section shall be furnished by a surety company authorized to write the same in the State of California and shall be subject to the approval and acceptance of the Board of Supervisors. The form and contents of the bond shall comply with the applicable provisions of Government Code Sections 66499.1 through 66499.5

(C)

Money or Securities. In lieu of any faithful performance bond or tax bond required by this Section, the subdivider may furnish security as defined in Government Code Section 66499, subject to approval of the Board of Supervisors.

(D)

Forfeiture or Failure to Complete. Upon the failure of a subdivider to complete any improvement within the time specified in an agreement or extension thereof, the Board of Supervisors may, as specified within the agreement, upon notice in writing of not less than 20 days served by registered mail, addressed to the last known address of the person, firm, or corporation signing such contract, determine that said improvement work or any part thereof is uncompleted and may cause to be forfeited to the County, the Flood Control District, or any other public agency or special district with ultimate responsibility for the improvements such portion of said sum of money or bonds given for the faithful performance of this work as may be necessary to complete such work.

(k)

Payment for Fees Related to Areas of Benefit. In the event that the Board of Supervisors has established an Area of Benefit, the subdivider or developer within the Area of Benefit shall pay to the County the proportionate share of the costs established under the Area of Benefit and an administrative fee as set forth in the Ordinance creating the Area of Benefit prior to the approval of any Final Map or Parcel Map, if applicable, or upon issuance of a certificate of occupancy or a final inspection, whichever occurs last, for any development project on the site.

Whenever the County requires a proposed development project to be served by an existing agency and the proposed development project lies outside of the service area of the agency and the agency requires the proposed development project be annexed before providing the required service, the annexation shall be completed prior to issuance of a building permit or approval of any Final Map or Parcel Map, whichever occurs first.

When the County has determined that a new district is needed to provide service or an existing district is to be expanded, the developer shall file an application or request the County to file, as applicable, for district formation with the Local Agency Formation Commission. The County shall not approve any development that requires the formation of additional districts where an existing Agency is already providing the service. In this context, new districts may include community facilities districts formed under the Mello-Roos Community Facilities Act and maintenance districts (assessment districts) formed under the 1911 Improvement Act by the Board of Supervisors.

(a)

County Service Area. The new district shall be formed prior to the approval of the Final Map or Parcel Map, or prior to the issuance of any building permit for a development project on the site.

(b)

Infrastructure Maintenance and Operation. The new district or the district expansion shall provide for the maintenance and operation of the infrastructure and shall include all the area proposed for the development project.

(c)

Expansion of Special Districts. When the County has determined that a district is to be expanded to provide service, the developer shall file an application or request the County to file, as applicable, for expansion of district powers with the Local Agency Formation Commission. The County shall not approve any development that requires the expansion of additional districts where an existing Agency is already providing the service.

(1)

The district expansion shall be completed prior to the approval of the Final Map or Parcel Map, or prior to the issuance of any building permit for other development projects.

(2)

The district expansion shall provide for the maintenance and operation of the infrastructure and shall include the entire development project.

The Board of Supervisors may establish an Area of Benefit and collect fees for:

(a)

The construction of water, sewer, or drainage facilities pursuant to Section 66483 of the Government Code;

(b)

The construction of bridges or major thoroughfares pursuant to Section 66484 of the Government Code; and

(c)

The construction of other improvements, including water facilities, deemed necessary by the County in accordance with the procedures specified in Section 66483 of the Government Code.

The fees shall include the cost of engineering and the cost of establishing the Area of Benefit in addition to the actual cost of facilities.

(a)

For those public facilities to be operated and maintained by a County agency or a County- administered special district, the County will not accept the responsibility of maintenance of public improvements until

final completion and written acceptance of all items by the Director of Public Works.

(b)

For those public facilities to be operated and maintained by other public agencies, each respective agency must approve and accept the improvements it will operate and maintain.

Easements for facilities outside of public rights-of-way must be granted to the County when the County deems it necessary for proper operation and maintenance of the public facilities. The easements are to be deeded for the purpose of access, operation, repair, replacement, alteration, and maintenance and shall not interfere or conflict with other existing easements. All development projects that have publicly-owned easements must provide covenants running with the land stating that no buildings, fills, excavations, structures, fences, or other alterations will be constructed within the publicly-owned easement without the express written consent of the Director of Public Works.

Where it is necessary, as determined by the County, to extend improvements beyond the boundaries of the development project for adequate traffic, drainage, flood control, or water and sewer service needs, the developer shall be required to acquire and dedicate, or submit verification of the ability to acquire and dedicate, the necessary easement or right-of-way to accommodate such improvements prior to the approval of a development project application.

Fees for inspections or permits issued pursuant to this Chapter shall be set by resolution of the Board of Supervisors. Development impact fees and exactions established by this Title are due upon issuance of a certificate of occupancy or the final inspection, whichever occurs last. All fees and fines collected under the provisions of this Chapter shall be paid into the County Treasury, to the credit of the Environmental Health Department or the Department of Public Works, as appropriate.

The Director of the Community Development Department, or their designee shall be responsible for enforcement of this Chapter. Any violation of this Chapter shall constitute a public nuisance subject to enforcement under the provisions of Chapter 9-815, Enforcement, and Title 8, Division 5 of this Code, also known as the Housing and Nuisance Abatement Code.

Any appeal of a notice of violation shall first be filed with the issuing department within 30 days of notification of the violation. The procedure shall be as follows:

(a)

Upon receipt of a written appeal, the Director of Environmental Health or the Director of Public Works, as the case may be, shall schedule a hearing to attempt to resolve the matter within not less than days and

not more than two days from the date of receipt of a written appeal.

(b)

Notice of the office hearing shall be sent to the appellant by registered or certified mail and to the property owner if different from the appellant, and anyone else who has requested in writing to receive such notice.

(c)

If the matter is resolved with a determination that a violation did occur or continues to occur, the cost of the hearing shall be added to the expenses incurred by the County in abating the nuisance and shall be billed to the owner as part of the Statement of Expense.

(d)

If the matter is not resolved at the hearing, the appellant may file a written appeal with the Clerk of the Board of Supervisors within 30 days of receipt of the written decision of the hearing official.

(e)

If the matter is appealed to the Board of Supervisors and the appeal results in a finding of a violation, the cost of the hearing before the Board of Supervisors will be added to the cost of abatement and included on the Statement of Expense.

(f)

If the property is not brought into compliance and no appeal to the Board of Supervisors has been filed within the time specified, the Environmental Health Department or Public Works Department shall submit a resolution to be placed on the consent calendar of the Board of Supervisors approving the Statement of Expense, which must then be paid by the owner.

Chapter 9-601 - Water Well and Well Drilling Regulations

This Chapter specifies the minimum regulations for the use of water wells.

(a)

Where Not Allowed. Private, on-site domestic water wells shall not be approved where public water systems are available.

(b)

Well Permit Required. A Well Permit is required and must be approved by the Director of the Environmental Health prior to digging, drilling, boring, driving, repairing, or destroying any well; or repairing, replacing, installing, or sealing a pump for use on any well. The permit is required whether the well is to be used for domestic, irrigation, testing, geophysical, seismic, subsurface boring, monitoring, injection, extraction, vapor probe, cathodic protection, or other purposes. A permit is not necessary to replace or repair equipment if the sanitary seal is not broken.

(1)

Requirements for Application. Applications for Well Permits must be initiated by a well driller licensed by the State of California. Applications shall be filed with the Environmental Health Department. A request for a Well Permit shall include a site plan which clearly delineates the location and characteristics of the proposed use.

(A)

Review Procedures. Well Permit applications shall be reviewed by the Director of the Environmental Health Department. A pre-application Conferences is not required, and the time limit for approval shall be one year

(2)

Filing Deadline. The application shall be filed and accepted as complete at least 48 hours prior to commencing on-site work.

(3)

Conditions for Development. A Well Permit shall be approved by the Director of the Environmental Health only if the following conditions are met:

(A)

The proposed well shall not be offensive, dangerous, or injurious to health, or create a nuisance;

(B)

The proposed well complies in all respects to the standards of the Environmental Health Department for the construction of wells; and

(C)

Upon completion of the well, the applicant or the Well Contractor shall file a copy of a Well Drillers Report with the Environmental Health Department.

(c)

Inspection of Permitted Work. The well site, location, material, and methods used may be inspected by the Director of Environmental Health at any time prior to or during construction or destruction of any well. The Director of Environmental Health shall be informed when the work is completed and, thereafter shall make a final inspection. Work done under a water well permit shall not be covered, concealed, or put into use until it has been inspected and approved by the Director of Environmental Health.

(d)

Changes May Be Ordered. The Director of Environmental Health may order changes in the location of water wells and in the methods, means, and manner of constructing water wells to eliminate a risk to the health of human beings or animals or a detriment to groundwater sources. The Director of Environmental Health shall designate the time within which such changes are to be made.

(e)

Special Permits. The Director of Environmental Health may approve Special Permits for a specific time when the requirements of this Chapter are found to be impracticable or unnecessary. In approving an Special Permit, the Director of Environmental Health shall prescribe all conditions necessary to protect the public health.

(f)

Emergency Repairs. In the event of an emergency, as evidenced by lack of water, repairs may proceed without a permit. Emergency repairs include the construction of a new well, or the repair, deepening, or replacement of a well or pump. All work done under emergency conditions shall comply with the standards adopted pursuant to this Chapter. In all such cases, the owner or contractor must file a statement that this was an emergency repair and the reason for the repair. Application for emergency repairs must be made within 48 hours after such repairs are begun, excluding weekends and holidays.

All wells are subject to the following regulations:

(a)

Sanitary Seal. All wells shall have a sanitary seal.

(b)

Concrete Platform or Slab. All wells, except cathodic protection wells, shall have a concrete platform or slab constructed to prevent the entrance of surface water from any source into the well or the underground water source.

(c)

Disinfection. After the construction or repair of all water wells and prior to the use of the well, the well and all appurtenances thereto shall be adequately disinfected.

(d)

Grout Seal. All water wells shall have a grout seal in the annular space.

(e)

Abandonment of Wells. Upon determination that any well is abandoned as provided in the rules and regulations adopted pursuant to this Chapter, that well must be destroyed in the manner prescribed so that entrance of degraded or contaminated water into usable aquifers, or creation of a safety hazard, are minimized.

(f)

Destruction of Wells. The Director of Environmental Health is authorized, after reasonable efforts to eliminate pollution, contamination, or a safety hazard, to enforce the permanent abandonment by

destruction of any well that is polluted, contaminated, or is so located as to become polluted or contaminated or is a safety hazard. The Director of Environmental Health also is authorized to destroy any such well and to recover the cost of the destruction from the owner of the property on which the well is located.

(g)

Out-of-Service Wells. If the owner intends to cease use of a well for six months or more, the owner shall inform the Director of Environmental Health. Such a well shall be protected from any source of contamination while the well is temporarily out of service. The owner shall continue to maintain such a well as required by this Chapter.

(h)

Required Notice for Dewatering Wells. The Director of Environmental Health shall be notified prior to installing dewatering wells in areas of known contamination. The Director of Environmental Health shall be notified immediately of areas where contamination is encountered and cease operation until clearance from the Director of Environmental Health is obtained.

(i)

Compliance with Standards. The Board of Supervisors shall adopt uniform standards for the construction, installation, alteration, and modification of the facilities subject to this Chapter based on investigation, inspection, and tests and accepted standards. These standards may be amended as necessary by the Board of Supervisors. The standards shall not conflict with the requirements of this Title or the laws of the State of California. All well facilities shall be constructed or modified only if they comply with the adopted standards.

(j)

Areas of Poor Water Quality. In all areas of the County where poor quality water could infiltrate good quality groundwater due to well construction, special requirements will be set to protect the good quality water. These areas of water quality problems shall be identified by the Director of Environmental Health based on the best available information and adopted pursuant to Section 9-603.020.

(k)

Prohibitions. The following uses are hereby prohibited.

(1)

Well Pits. The construction, use, or installation of well pits.

(2)

Separate Wells. The provision of water to a residence from an off-site private, domestic water well located on a separate recorded parcel.

It shall be unlawful to maintain or use any residence, place of business, or other building or place where persons reside, congregate, or are employed which is not provided with a means for the water that complies with the requirements of this Chapter and the standards relating to water wells established by the Director of Environmental Health.

Chapter 9-602 - Water Systems

This Chapter specifies the requirements for water systems in both new and existing development. The following requirements apply to all development requiring facilities and services for water supply, unless otherwise specified in this Title.

(a)

Compliance with Environmental Health Department and Agency Requirements. When connection to a public water system is not required by the County, the water system shall comply with the requirements of the Environmental Health Department.

(b)

Approval by Other Agencies for Public Water Systems. For development projects requiring a public water system, the water system shall meet the requirements of the County Fire Warden, the Environmental Health Department, the Public Works Department, and the public agency or district providing the service.

(a)

Standards. The standards for water systems are as follows:

(1)

Minimum Requirements. Any development project shall, at a minimum, provide a water system meeting the requirements of Title 22 of the California Code of Regulations and the well standards in Chapter 9-601, Water Well and Well Drilling Regulations, if applicable, or the standards of the agency that will operate and maintain the public water system.

(2)

Quantity of Water Required. Sufficient water shall be always available from the water sources and distribution reservoirs to supply adequately, dependably, and safely the total requirements of all users under maximum demand conditions, including water for domestic and fire protection purposes. The water system must be able to maintain a minimum pressure of 20 pounds per square inch (psi) at all water service connections in the system under all conditions and at all times.

(3)

Individual Wells. For development where individual wells are an acceptable water system, at least one test well shall be developed and tested for quality and quantity prior to issuance of a building permit.

(A)

Where topography, geological conditions, site specific conditions, or information from existing wells is unavailable, the Environmental Health Department may require additional test wells. The Environmental Health Department also may require a test well on each lot.

(B)

Test wells shall be pumped in a manner satisfactory to the Environmental Health Department and shall produce for a single-family residence a minimum of five gallons per minute if tested during the period from January 1 through June 30 or a minimum of three gallons per minute if tested during the period from July 1 through December 31. Wells to serve other uses shall produce a minimum of the design source capacity.

(C)

The requirements for test wells may be waived by the Environmental Health Department if sufficient well information has been developed for the site or the surrounding area to assure adequate potable water.

(4)

Wells as part of a Public Water System. Where a public water system for a subdivision is proposed to include new wells, results from test wells shall be submitted to the Public Works and the Environmental Health Departments. The new wells and water system shall be designed and included on the improvement plans. The improvement plans containing the public water system are required to be approved prior to approval of the Final or Parcel Map. The new wells shall be constructed and tested for quality and quantity in a manner satisfactory to the Environmental Health and Public Works Departments prior to acceptance by the maintaining agency or special district. Water quality shall meet drinking water standards of the State of California and be acceptable to the Environmental Health and Public Works Departments. If necessary to meet the water quality standards, additional treatment facilities shall be constructed and be operational prior to putting the well into service.

(b)

Areas Not Served by Public Water System. In areas not served by a public water system, any commercial or industrial development proposed on an existing lot shall require an Administrative Use Permit or, if required by the zone for a specific use, a Conditional Use Permit.

(c)

Existing Private Water Wells. Upon connection to a public water system, any existing on-site water well(s) shall be destroyed, or an approved backflow prevention device shall be installed at the service connection, in accordance with the regulations of the Environmental Health and Public Works Departments.

(d)

Extension of Water Main. When the Director of Public Works or the serving agency determines that extension of a water main through a project or along a project parcel frontage is necessary for the orderly provision of water service to an area, the developer shall extend the water main in accordance with agency design standards.

(e)

Capacity of Existing Water System. If an existing water system is required to serve the development project but does not have capacity to serve a development project, the developer shall provide for additional capacity either by constructing off-site water system facilities or contributing funds to the serving agency for system expansion. The serving agency shall determine which option is appropriate.

(f)

Development Projects Using Existing Structures. Development projects using existing structures and adding no new structures shall be served by a public water system if there is an existing water main within 200 feet of the nearest property line. Otherwise, an existing on-site water system may be used, subject to the approval of the Environmental Health Department.

Within urban communities identified in the General Plan, required public water systems shall be provided by an existing public agency or district or, where there is no public agency or district providing water in the community, by a new agency or district. For Rural Residential uses within urban communities, individual private wells may be permitted, subject to the approval of the Environmental Health Department, provided the lots are two acres or larger; no public water system exists; and groundwater is of a sufficient quantity and quality, as determined by the Environmental Health Department.

(a)

Subdivisions With Parcels Less Than Two Acres. Subdivisions with parcels less than two acres shall be served by a public water system.

(b)

Subdivisions With Parcels Two Acres or Larger. Subdivisions with parcels two acres or larger shall be served by a public water system, except for Rural Residential subdivisions if there is no public water system within 700 feet, the Rural Residential subdivision may be approved with an on-site well system, subject to the approval of the Environmental Health Department.

(c)

Development Projects on Existing Parcels. Development projects on existing parcels shall be served by a public water system. If there is no public water system within 700 feet, exceptions may be granted, subject to the general requirements of the General Plan and Development Title and the approval of the Environmental Health Department.

(Ord. No. 4683, § 25, 12-9-2025)

Unless otherwise provided in Sections 9-602.050 through 9-604.080, within rural communities water supply shall be provided as follows:

(a)

Development Projects and Subdivisions. Development projects shall be served by a public water system with the following exceptions:

(1)

Lots Two Acres or Larger. If there is no public water system within 200 feet, an on-site well system may be used subject to the provisions of Section 9-602.020.

(2)

Lots Less Than Two Acres. If the Director of Public Works determines that the existing system has no capacity, the parcel cannot be annexed to an existing water district, or an existing water main is not within 200 feet, the development project may use an on-site well subject to the provisions of Section 9-602.020.

9-602.050 - WATER SYSTEMS IN AREAS OUTSIDE OF URBAN COMMUNITIES

(a)

I-L, I-P, and I-G Industrial Zones Development within the Limited Industrial (I-L), Industrial Park (I-P), and General Industrial (I-G) zones outside of urban communities shall be served by a public water system planned to serve the entire industrial area unless the Environmental Health Department approves use of an existing on-site water system pursuant to Section 9-602.010.

(b)

Warehouse and Truck Terminal Zones. Development within the Warehouse (I-W) and Truck Terminal (I-T) zones may utilize an on-site well system.

(c)

Freeway Service Commercial Zone. Development projects within a Freeway Service Commercial (C-FS) zone shall be served by a public water system planned to serve at least each side of the freeway service area.

(d)

Commercial Recreation Zone. Development projects within a Commercial Recreation (C-R) zone outside of urban communities shall be served by a public water system.

Development projects within agricultural zones may use an on-site well system subject to the provisions of Section 9-601.020.

(a)

Existing buildings. Subdivision of parcels with existing primary buildings on each new lot shall not be required to meet the water supply requirements specified in this Chapter.

(b)

Remainder Parcels. Undeveloped, designated remainder parcels created under the provisions of this section shall meet the requirements of this Chapter prior to any grant of approval for a development project or issuance of a building permit on the remainder parcel.

For existing lots in antiquated subdivisions, service by a public water system is required for issuance of a building permit for new residences on parcels less than two acres in size. An on-site water system may be acceptable for lots two acres and larger, subject to the general requirements of Section 9-602.020.

Chapter 9-603 - Water Quality Regulations

This Chapter prohibits the discharge of wastes into the surface and ground waters of the County, consistent with water quality objectives, to reduce the adverse cumulative effect or possible adverse cumulative effect which may result from the discharge of wastes and ensure that no nuisances are created. These regulations are enacted pursuant to the Porter-Cologne Water Quality Control Act, Division 7, Chapter 1, Section 13002 (a) and (b) and include conditions, restrictions, or limitations for the disposal of waste or any other activity that might degrade the quality of the waters of the State. This is done for the following reasons:

(a)

Public Interest. It is in the best public interest of the citizens of the County to provide and be provided with the best quality of water possible;

(b)

Environmental Quality. The quality of water affects the quality of the environment as well as its economic value;

(c)

Beneficial Uses. The surface waters and ground waters of the County provide beneficial uses that include, but are not necessarily limited to, domestic, municipal, agricultural, and industrial supply; power generation; recreation; aesthetic enjoyment; navigation; and preservation and enhancement of fish, wildlife, and other aquatic resources or preserves; and

(d)

Welfare. It is the responsibility of the Environmental Health Department to preserve and protect water quality for the health and welfare of the citizens of the County.

(a)

Discharge Adjacent to Waterway. It shall be unlawful to dump or discharge any treated or untreated waste within 150 feet of the high-water mark of any watercourse or impoundment for either natural or unnatural surface water or at any other location where the discharge may be detrimental to the surface or ground waters of the County. All wastewater discharges shall meet the discharge standards set by the State Regional Water Quality Control Board (RWQCB) and the requirements contained in this Chapter.

(b)

Compliance with Standards Required. The Board of Supervisors shall adopt and may from time to time amend standards for implementation of this Chapter. Such standards shall not conflict with this Title or with the laws of the State of California. The standards shall be adopted only after the Board has considered the matter at a public hearing at which all interested persons have been afforded the opportunity to urge or oppose adoption of the proposed standards. This Chapter and these standards shall not be a limitation on the power of any city or political subdivision to develop and/or enforce laws and/or standards that are equal to, or more restrictive than, the County's standards.

(a)

Violation of the provisions of this Chapter shall constitute a public nuisance and, if not made to conform, shall be subject to the enforcement procedures outlined in Chapter 9-805, except that the Director of Environmental Health shall be responsible for enforcement.

(b)

The Director of Environmental Health shall have authority to review discharge requirements set by the State Regional Water Quality Control Board (RWQCB) and impose more restrictive discharge requirements not in conflict with RWQCB regulations.

(c)

When determined to be necessary, the Director of Environmental Health shall notify owners of wells on properties adjacent to property containing a well on an adjacent property has been identified as containing contaminants above the maximums set in California drinking water standards.

Chapter 9-604 - Wastewater Treatment and Disposal

This Chapter specifies the requirements for wastewater treatment and disposal for development projects. The following requirements for wastewater disposal apply to development, unless otherwise specified in

this Title:

(a)

Compliance with Environmental Health Department and Agency Requirements. Public wastewater treatment and disposal systems shall comply with the requirements of the Public Works and Environmental Health Departments and the agency or district providing wastewater treatment and disposal services. Private on-site wastewater disposal shall comply with the requirements in Chapter 9-605, Private On-Site Wastewater Disposal Facilities.

(b)

Wastewater Service by District or Agency. Development projects requiring wastewater service by a public agency or district shall be served by a public wastewater treatment and disposal system.

(c)

Written Confirmation for Building Permits. Applications for building permits shall include written confirmation that the development project meets the requirements of this Chapter. For public systems, this confirmation shall be given by the agency or district providing the services to the Environmental Health Department

(d)

Suitability of an Area for Septic Tank Usage. The suitability of an area proposed for septic tank usage shall be determined prior to submission of a General Plan Amendment or Zone Reclassification application, the approval of a Parcel Map or Final Map, or the issuance of a building permit for development on the site. The suitability shall be determined by the Environmental Health Department based on the following criteria:

(1)

The intensity and extent of the existing and the proposed development project's use of septic tanks on the site, identified in a Nitrate Loading Study or other documentation;

(2)

The suitability of the soil for utilizing septic systems, including percolation rates and soil profiles;

(3)

The depth and gradient of the water table;

(4)

The history of past uses in the project area to assess potential problems;

(5)

Other information as required by the Environmental Health Department to determine the cumulative effect of the existing and the proposed development project on groundwater contamination; and

In non-agricultural zones, septic systems will only be considered for lots two acres or more in size, except in areas zoned Rural Residential, where lots one acre or more in size will be considered if served by a public water system and public storm drainage system.

(e)

Mandatory Connection within Two Hundred Feet. Any expansion of an existing use on an existing lot shall require the project to be served by a public wastewater disposal system if:

(1)

The expanded use generates additional wastewater; and

(2)

The sewer main is within 200 feet of the nearest building.

(3)

Exceptions may be granted if the project site meets the requirement for on-site wastewater disposal and:

(A)

The Director of Public Works determines that the existing public wastewater disposal system has no capacity to accommodate additional sewage; or

(B)

The site cannot be annexed to the existing sewer district at a reasonable cost and no health hazard would be posed by allowing on-site disposal in an area judged by the Director of Environmental Health to be suitable for septic tank use.

(f)

Extension of Sewer Main. When the Director of Public Works determines that extension of the sewer main through a project or along a project parcel frontage is necessary for the orderly provision of wastewater disposal service to an area, the developer shall extend the sewer main in accordance with the serving agency's design standards.

(g)

Capacity of Existing Wastewater Disposal System. If the existing wastewater treatment and disposal system is required to serve a development project but does not have capacity to serve a development project, the developer shall provide for additional capacity either by constructing off-site wastewater treatment and disposal system facilities or contributing funds to the serving agency for system expansion. The serving agency shall determine which option is appropriate. The existing wastewater treatment and disposal system shall have the capacity to serve the development project prior to the certificate of occupancy or final permitting, as determined by the agency or special district providing the service.

(h)

Development Projects Using Existing Structures. Development projects using existing structures only and adding no new structures shall be served by a public wastewater disposal system if there is an existing sewer main within 200 feet of the nearest property line unless the Director of Public Works grants an exception pursuant to Section 9-604.010 (e) above. Otherwise, on-site wastewater disposal may be utilized subject to the provisions of this section.

(i)

Community Sewage Treatment Systems. For community sewage treatment systems, the average dry weather daily sewage flow quantity for residential developments, which is used to design the system, shall be based on the maximum number of allowable dwelling units per the General Plan designation, including accessory dwelling units, and additions. This number may be reduced subject to recorded deed restrictions.

Within urban communities identified in the General Plan, required public wastewater disposal systems shall be provided by an existing public agency or district or, where there is no public agency providing wastewater disposal services in the community, by a new agency or district.

(a)

Development Projects. Development projects within urban communities shall be served by a public wastewater disposal system, except within the following General Plan map designations on-site wastewater treatment and disposal may be used subject to the provisions of Section 9-601.020: Rural Residential (R-R), Commercial (C-N, C-C, C-O, and C-G) adjacent to Rural Residential (R-R), and Warehouse Industrial (I-W) zones.

(b)

Development Projects on Existing Vacant Parcels. Development projects on existing vacant parcels shall be served by a public wastewater disposal system. IF there is no wastewater disposal system within 200 feet, exceptions may be granted subject to the general requirements of the General Plan and Development Title and the approval of the Environmental Health Department.

(Ord. No. 4683, § 26, 12-9-2025)

Within rural communities identified in the General Plan, wastewater treatment and disposal may be provided on-site, subject to the general requirements of Section 9-604.010. Otherwise, the development project must be served by a public wastewater disposal system.

(a)

I-L, I-P, and I-G Industrial Zones. All development must comply with Section 9-604.010. In addition, as required by the General Plan, development projects in the Limited Industrial (I-L), Industrial Park (I-P), and

General Industrial (I-G) zones outside of urban communities or on land rezoned to these zones on or after December 29, 2022, the effective date of the ordinance codified in this Title, shall be served by a public wastewater disposal system planned to serve the entire industrial area. The Environmental Health Department may authorize use of on-site wastewater disposal subject to the general requirements of Section 9-604.010 upon finding that an on-site wastewater treatment and disposal system would meet the State Water Resources Control Board On-site Wastewater Treatment System Policy and the Boardapproved Local Agency Management Plan.

(b)

Warehouse and Truck Terminal Zones. Development projects within Warehouse (I-W) and Truck Terminal (IT) zones may utilize on-site wastewater disposal subject to the general requirements of Section 9-604.010. Otherwise, the development project shall be served by a public wastewater disposal system.

(c)

Freeway Service Commercial Zone. Development projects within a Freeway Service Commercial (C-FS) Zone shall be served by a public wastewater disposal system planned to serve at least each side of the freeway service area.

(d)

Commercial Recreation Zone. Development projects within a Commercial Recreation (C-R) zone that is outside of urban communities shall be served by a public wastewater disposal system planned to serve the entire C-R zone.

Development projects within the General Agriculture (AG), Limited Agriculture (AL), and Agriculture-Urban Reserve (AU) zones may be served by on-site wastewater treatment and disposal systems subject to the general requirements of Section 9-604.010.

(a)

Existing Buildings. Subdivision of parcels with existing County-approved buildings on each new lot are required to meet the general requirements in Section 9-604.010.

(b)

Remainder Parcels. Undeveloped, designated remainder parcels shall meet the requirements of this Chapter prior to any grant of approval for a development project or issuance of a building permit on the remainder parcel.

For existing lots in antiquated subdivisions, service by a public wastewater disposal system shall be required for new residences, except that on-site wastewater disposal may be utilized, subject to the

general requirements of Section 9-604.010, for lots of two acres or more or for lots of one acre or more when served by a public water system.

When a new district is formed or services within an existing district are expanded to include wastewater treatment and a wastewater treatment plant is required, the plant shall be capable of expanding to serve the entire urban or rural community; the entire freeway service area on at least one side of the freeway; or the entire commercial recreation area as designated on the General Plan.

Chapter 9-605 - Private On-Site Wastewater Disposal Facilities

This Chapter specifies the requirements for use of private, on-site wastewater disposal facilities.

(a)

Where Not Allowed. Private, on-site wastewater disposal facilities shall not be approved where public wastewater collection and disposal are required; see Chapter 9-604.

(b)

Sanitation Permit Required. No person shall construct, add to, modify, or alter any vaulted privy, septic tank, wastewater disposal system, other pipe or conduit, or other means for the disposal, treatment, or discharge of wastewater without first securing a Sanitation Permit from the Director of Environmental Health.

(c)

Procedure to Obtain a Sanitation Permits.

(1)

Filing an Application. Applications for Sanitation Permits may be initiated by filing a request for a permit with the Environmental Health Department, accompanied by a site plan that clearly delineates the location and characteristics of the proposed use and the required fee.

(2)

Review Procedures. Sanitation Permit applications shall be reviewed by the Director of Environmental Health. No pre-application conference is required. The time limit for approvals is one year.

(3)

Development Requirements. The Director of Environmental Health shall approve a Sanitation Permit upon finding that the proposed on-site disposal facility:

(A)

Will not permit the escape of any unpleasant or noxious odors, vapors, or gases;

(B)

Will not permit the ingress and egress of flies, other insects, rodents, or animals;

(C)

Will not permit the discharge of wastewater or the discharge or drainage of effluent from the wastewater disposal system to empty, flow, seep, drain, condense into, or otherwise pollute any watercourse, or other waters used, or which may be used or suitable for use for domestic, recreational, or agricultural purposes;

(D)

Will not be offensive, dangerous, or injurious to health, or create a nuisance; and

(E)

Will conform in all respects to the standards of the Environmental Health Department for the disposal, treatment, or discharge of sewage.

(d)

Inspection of Permitted Work. Work done under a Sanitation Permit shall not be covered, concealed, or put into use until it has been inspected and approved by the Director of Environmental Health.

(e)

Changes May Be Ordered. The Director of Environmental Health may order changes to any existing system, method, means, manner, or place for the disposal, treatment, or discharge of sewage to eliminate a risk to the health of human beings or animals. The Director shall designate the time within which such changes are to be made.

(f)

Special Permits. The Director of Environmental Health may approve a SpecialPermit for a specific time when the requirements of this Chapter are found to be impracticable or unnecessary. In approving an Interim Permit, the Director of Environmental Health may prescribe conditions necessary to protect the public health.

(a)

Compliance with Standards Required. The Board of Supervisors shall adopt uniform standards for the construction, installation, alteration, modification, and dimensions of private on-site wastewater disposal facilities based on investigation, inspection, and tests or accepted sanitation standards. These standards may be amended as necessary by the Board. They shall not conflict with the requirements of this Title or the laws of the State of California. All private, on-site wastewater disposal facilities, including septic tanks,

wastewater treatment plants, and vaulted privies, may be constructed or modified only if they comply with the adopted standards.

(b)

Operators of Plants. Operators of wastewater treatment plants must possess a current State wastewater treatment plant operator's certificate or license.

(a)

Prohibited Uses. The drilling, constructing, using, maintaining, or operating of sewer wells, pit privies, and cesspools are hereby declared to be public nuisances and are prohibited.

(b)

Prohibited Discharges. Owners or those who maintain private on-site wastewater disposal facilities shall prohibit any of the following to flow or enter a disposal system:

(1)

Automobile and Garage Waste. Wastewater from automobile washing or garage floors;

(2)

Storm Drainage. Roof drainage or drainage waste resulting from natural runoff or irrigation;

(3)

Solvents and Toxics. Gasoline, cleaning solvents, paints, thinners, oils, or greases other than normal residential kitchen wastes;

(4)

Solids. Cloth, rope, metals, and solids of any kind;

(5)

Garbage. Garbage and similar waste material except when processed by approved garbage disposal units;

(6)

Kitchen Wastewater. Wastewater from any restaurant, bar, or other kitchen where food is prepared for public consumption unless first directed through an approved grease trap, as required by the Uniform Plumbing Code;

(7)

Air Conditioners. Waste drainage from water cooled refrigeration air conditioning;

(8)

Hazardous Wastes. Waste from hazardous materials;

(9)

Backwash. Backwash from water softeners, iron filters, and swimming pools; and

(10)

Truck Terminal Wastes. Oil, grease, grit, and miscellaneous waste from operation of truck terminal, including wash-water from trucks and garage floors.

Septic tanks, chemical toilets, cesspools, or sewage seepage pits shall be pumped only by licensed septic tank pumpers as specified in the Health and Safety Code. All septic pumpers shall file with the health officer, or his/her duly authorized representative, by the 12th day of the following month a report on forms approved by the Environmental Health Department showing each premises where septic tanks, chemical toilets, cesspools, or sewage seepage pits are pumped, the gallonage pumped, and the location where cleanings are disposed. All effluent pumped from septic tanks shall be disposed of only at disposal sites approved by the Director of Environmental Health.

It shall be unlawful to maintain or use any residence, place of business, or other building or place where persons reside, congregate, or are employed that is not provided with a means for the disposal of wastewater which complies with the requirements of this Chapter and the standards relating to wastewater disposal established by the Director of Environmental Health.

The Director of the Environmental Health Department shall be responsible for enforcement of this chapter. Any violation of this Chapter shall constitute a public nuisance subject to enforcement under the provisions of Title 8, Division 5 of this Code, also known as the Housing and Nuisance Abatement Code.

Any appeal of a notice of violation shall first be filed with the Environmental Health Department within 30 days of notification of the violation. Upon receipt of a written appeal, the Director of Environmental Health shall designate a hearing official, which official shall schedule an office hearing to attempt to resolve the matter. The matter will be set for hearing not less than seven days and not more than 21 days from the date of receipt of a written appeal.

(a)

Notice of the office hearing shall be sent to the appellant by registered or certified mail. Notice shall be sent to the appellant, the owner if different from the appellant, and anyone else who has requested in writing to receive such notice.

(b)

If the matter is resolved with a determination that a violation did occur or continues to occur, the cost of the office hearing shall be added to the expenses incurred by the County in abating the nuisance and shall be billed to the owner as part of the Statement of Expense.

(c)

If the matter is not resolved at the office hearing, the appellant may file a written appeal to the Board of Supervisors. The written appeal must be filed with the Clerk of the Board of Supervisors within 30 days of receipt of the written decision of the hearing official.

(d)

The written decision shall advise that the owner has 30 days to bring the subject property into compliance or file a written appeal with the Board of Supervisors.

(e)

If the property is not brought into compliance and no appeal to the Board of Supervisors has been filed within the time specified, the Environmental Health Department shall submit a resolution to be placed on the consent calendar of the Board of Supervisors approving the Statement of Expense.

(f)

If the matter is appealed to the Board of Supervisors and the appeal results in a finding of a violation, the cost of the hearing before the Board of Supervisors will be added to the cost of abatement and included on the Statement of Expense.

Chapter 9-606 - Storm Drainage

This Chapter specifies requirements and standards for storm drainage in development projects. The following general requirements apply to all development, unless otherwise specified in this Title:

(a)

Drainage Facilities. All development shall provide drainage facilities within and downstream from the project site to carry storm water runoff both tributary to and originating within the development site. The tributary area upstream from the development shall be considered as being developed in accordance with the General Plan or applicable Specific Plan, even if undeveloped. Storm water runoff shall be conveyed into a terminal drain or may be retained in a retention basin on-site as provided by this Chapter.

(b)

Approval of Drainage Facilities by Public Works. The design of drainage facilities required by this Chapter shall be approved by the Director of Public Works prior to issuance of a building permit or approval of the Final Map or Parcel Map, whichever occurs first. Submission of the drainage plans for approval shall be the

responsibility of the owner or developer of the site on which the development is proposed. All plans and drainage reports shall be prepared and signed by a California-registered civil engineer.

(c)

Drainage Facilities for Increased Runoff. Where a development will cause an increase in the storm water runoff, the developer shall provide drainage facilities to attenuate the flow rate and concentration of storm water discharged onto other properties to the pre-project condition. The design may consist of off-site drainage facilities to convey runoff to terminal drainage, or, if provided for in this Chapter, retention of runoff in ponds within the development site, or the use of detention basins to control the flowrate and areal concentration. The allowable discharge may be increased by the Director of Public Works when the developer can demonstrate in a drainage report that:

(1)

The increased discharge will not exceed the capacity of the downstream drainage facilities (all undeveloped land in the tributary watershed must be considered as being developed when determining the capacity of downstream drainage facilities); and

(2)

The proposed discharge will not increase the water surface elevation in upstream properties.

(d)

Design. Storm Drainage Facilities shall be designed in conformance with any Master Drainage Plan, Specific Plan, Special Purpose Plan, Master Plan, or area drainage plan adopted by the Board of Supervisors or approved by the Director of Public Works.

(e)

Discharge to Sanitary Sewer Prohibited. Disposal of surface and storm waters into sanitary sewer lines, leach lines, or seepage pits of individual sanitary sewage disposal systems is prohibited.

(f)

Watercourses and Flood Control Channels. If a development is affected by watercourses, channels, streams, or creeks for which the 100-year flood plain has not been established, the developer shall determine the 100-year flood plain limits and shall dedicate drainage easements conforming substantially with the flood plain limits plus such additional rights-of-way as shall be required by the Director of Public Works for access, structures, or channel changes.

(g)

Detention Basins and Retention Basins. If orderly and reasonable development of an area consistent with the General Plan or applicable Specific Plan requires detention of storm water, the developer shall provide facilities for detaining runoff in accordance with the County's Improvement Standards. Retention ponds not maintained by a public agency may only be used where allowed by this Chapter and shall be designed in accordance with the County's Improvement Standards.

(1)

Private retention storm drainage facilities shall be inspected on a complaint basis only to ensure that the drainage basin is being maintained as designed and approved. The property owner shall reimburse the County for all time, services, and materials needed to abate the violation, if it is determined from the inspection that the retention basin is out of compliance.

(2)

Private detention or retention basins that are found to be out of compliance shall be brought into conformance within 90 days. Failure to bring the on-site drainage improvements into compliance may result in revocation of any underlying use permit(s).

(h)

Drainage Report. Developers shall submit a drainage report for all development projects. This report must be submitted at the same time as the grading/drainage plan or subdivision improvements plans are submitted for plan check, whichever occurs first. Drainage reports shall be prepared by a Californiaregistered civil engineer in accordance with the County's Improvement Standards.

(i)

Development Projects Using Existing Buildings. Development projects using existing buildings and not increasing runoff may be served by the existing drainage system except where modifications are needed to comply with the National Pollutant Discharge Elimination System requirements.

(j)

Capacity of Existing Drainage System. If an existing drainage system is required to serve a development project but does not have capacity to serve the development project, the developer shall provide for additional capacity either by constructing off-site drainage facilities or contributing funds to the serving agency or district for drainage system expansion. The serving agency or district shall determine which option is appropriate.

(k)

Drainage Flood Control Improvements. Where a development project or subdivision is subject to a flood hazard, the developer or subdivider shall provide such flood control works, drainage facilities, or other improvements sufficient to provide all structures or building sites, both existing and proposed within the subdivision, with 100-year flood protection.

(l)

Easements for Drainage and Flood Control. The developer or subdivider shall provide easements for all flood control and drainage facilities sufficient to encompass such facilities and to provide for their maintenance, operation, and improvement.

Within an urban community, development projects shall be served by an existing public agency or district providing drainage services as follows:

(a)

Subdivisions. Subdivision drainage facilities shall discharge into a terminal drain, except that an agency retention basin may be an acceptable alternative where permitted by a Master Plan, a Special Purpose Plan, or Specific Plan, or a private on-site retention basin may be allowed in Rural Residential zones if parcels are two acres or greater and:

(1)

There are no terminal drainage facilities on-site or within 200 feet; and

(2)

The site conditions of soil permeability and groundwater level allow a retention basin design to meet the County's Improvement Standards.

(3)

Subdividers shall provide a deposit to finance their proportionate share of the estimated cost of the storm drainage system.

(b)

Development Projects on Existing Lots. Development projects on existing lots shall discharge into a public terminal drain if one is within 200 feet of the nearest property line. A private on-site retention basin may be an acceptable alternative for non-residential parcels or residential parcels that are two acres or greater, in size where:

(1)

There are no terminal drainage facilities within 200 feet,

(2)

The site conditions of soil permeability and ground water level allow a retention basin to meet the County's Improvement Standards, and

(3)

The tributary watershed area to the retention basin is less than 20 acres.

(Ord. No. 4683, § 27, 12-9-2025)

Subdivisions and development projects on existing vacant parcels in rural communities shall be served by a public drainage system or a private on-site retention basin as follows:

(a)

Subdivisions with Parcels Less than Two Acres. For subdivisions with any lots less than two acres in size, the subdivision shall be served by public drainage facilities that discharge into a terminal drain, except that a public agency retention basin may be allowed where there are no terminal drainage facilities within 1,000 feet.

(b)

Subdivisions with Parcels Two Acres and Larger. For subdivisions with all lots two acres or larger in size, the subdivision shall be served by an agency retention basin. Private on-site retention basins may be allowed where there are no terminal drainage facilities within 200 feet, and the site conditions of soil permeability and groundwater level allow a private retention basin design to meet the County's Improvement Standards.

(c)

Development Projects on Existing Vacant Lots. For development projects on existing vacant lots, the development project shall be served by a public drainage system that discharges into a public drainage system, except that a private on-site retention basin may be allowed for non-residential parcels or residential parcels that are two acres or greater in size where:

(1)

There are no terminal drainage facilities within 200 feet, and

(2)

The site conditions of soil permeability and groundwater level allow a retention basin design to meet the County's Improvement Standards.

(Ord. No. 4683, § 28, 12-9-2025)

(a)

I-L, I-P, and I-G Industrial Zones Development within the Limited Industrial (I-L), Industrial Park (I-P), and General Industrial (I-G) zones outside of urban communities shall be served by a public drainage system planned for the entire industrial area which discharges into a terminal drain. An alternative drainage system may be considered in conjunction with a Master Drainage/Special Purpose Plan that demonstrates that the drainage facilities:

(1)

Can manage multiple large storms,

(2)

Cause no drainage impact to neighboring properties,

(3)

Meet stormwater quality standards,

(4)

Include aesthetic features,

(5)

Manage vector control, and

(6)

Are designed to meet County Improvement Standards.

(b)

Warehouse and Truck Terminal Zones. Development within Warehouse (I-W) and Truck Terminal (I-T) zones may be served by a private on-site retention basin if the following exist:

(1)

There are no terminal drainage facilities within 1,000 feet; and

(2)

The site conditions of soil permeability and groundwater level allow a retention basin design to meet the County's Improvement Standards. Otherwise, projects must meet the requirements of Section 9- 606.040(a).

(c)

Freeway Service Commercial Zone. Development within Freeway Service Commercial (C-FS) zones outside of an urban community shall be served by a public drainage system planned for at least each side of the freeway that discharges into a terminal drain.

(d)

Commercial Recreation Zone. Development within a Commercial Recreation (C-R) Zone that are outside of urban communities shall be served by a public drainage system planned to serve the entire commercial recreation area.

(Ord. No. 4683, § 29, 12-9-2025)

Development projects within the General Agriculture (AG), Limited Agriculture (AL) and Agriculture-Urban Reserve (AU) zones may be served by private on-site retention basins.

(a)

Existing Buildings. A subdivision of lots with existing buildings on each proposed new parcel shall not be required to meet the drainage facility requirements specified in this Chapter.

(b)

Remainder Parcels. Undeveloped, designated remainder parcels created under the provisions of this Section shall meet the requirements of this Chapter prior to any grant of approval for a development project or issuance of a building permit on the remainder parcel.

For existing lots in antiquated subdivisions, drainage facilities may consist of a private on-site retention basin if there are no public drainage facilities within 200 feet of the lot and the site conditions of soil permeability and groundwater level allow a retention basin to meet the County's Improvement Standards.

9-606.080 - DEFERRED STORM DRAINAGE FACILITY AGREEMENT FOR FUTURE STORM DRAINAGE SYSTEM IMPROVEMENTS

Where a subdivision or development is required to discharge into a terminal drain and no terminal drainage facilities are available, the Director of Public Works may approve Deferred Storm Drainage Facility Agreements to ensure that subdividers and developers finance their proportionate share of the cost of the future storm system improvements.

Chapter 9-607 - Encroachments into County Rights-of-Way

This Chapter specifies the requirements for encroaching into County rights-of-way in order to do excavation, grading, and development-related construction.

No person shall dig holes, trenches, or ditches, make openings or excavations of any kind for any purpose, or perform grading of earth soil or other material on any street, highway, road, or other public place unless an encroachment permit has been granted by the Director of Public Works.

(a)

Director's Authority. The Director of Public Works has the sole authority to prescribe how much work shall be done, how the holes, trenches, ditches, and openings shall be filled or backfilled, when the work may be commenced, and when it may be finished.

(b)

Condition of Approval. Every permit granted pursuant to this Chapter shall be made on the condition that if the grantee fails, refuses, or neglects, within a reasonable time after written demand of the Director of Public Works, to complete the work or to restore the street, highway, road, or other public place to a

condition equal to or better than its condition before the opening or excavation was made and to maintain the same in that condition, the Director of Public Works may do the work and furnish the material necessary, and all sums reasonably expended for these purposes shall be repaid to the County by the grantee.

(c)

Bond or Cash Deposit. If required by the Director of Public Works, no application shall be granted until the applicant has filed with the Department of Public Works a bond or cash deposit in a sum satisfactory to the Director guaranteeing that the street, highway, road, or other public place shall be restored to a condition equal to or better than its condition before the opening was made and shall be maintained in that condition during the period of construction. An applicant may file one bond or cash deposit to cover all work during a year, if desired, in an amount that the Director shall deem necessary to mitigate all potential damage.

(d)

Liability of County. Nothing in this Chapter shall be construed to enlarge the liability of the County for any excavation or work or for damages to the public or otherwise resulting therefrom, and every permit and bond issued under this Chapter shall provide that the County and its officers and employees shall be held harmless on account of any damage or injury to the public or otherwise resulting from the excavation or other work.

(e)

Permit Administration. Encroachment permits are required for the erection or construction of any public facility or structure or for alterations or moving of any existing public facilities or structures within the County right-of-way. They shall be applied for and secured from the Director of Public Works or at other offices that may be designated by the Director of Public Works for these purposes where employees or representatives of the Director of Public Works may be authorized to issue these permits. The Director of Public Works shall have the following powers and duties in administering and enforcing encroachment permits issued under this Chapter:

(1)

The issuance of permits for encroachments, including into driveways, watercourses, public rights-of-way, and other transportation facilities.

(2)

Enforcement of related State laws as well as this Chapter.

(3)

Keeping of accurate records.

(4)

The preparation and adoption of the forms, rules, and regulations that may be reasonably necessary for the proper enforcement of this Chapter, including requirements for the submission by applicants for permits of

plans and specifications, informal or formal, that may be deemed necessary for the proper location and construction of the various types of drainage facilities.

(5)

The inspection of construction and operation of drainage facilities. For this purpose, the Director of Public Works shall have the power of a police officer, including the right of entry on private property, the right to stop construction operations, and the right to clear out or open the stoppage of any drainage facility if the stoppage is deemed contrary to this chapter and does or may endanger public health, safety, and the general welfare.

(6)

Other powers and duties, related to the foregoing, that may be reasonably necessary for the proper administration and enforcement of the provisions of this Chapter.

(f)

Notice to Remove Encroachment. If any encroachment exists in, under, or over any County highway, road, or land, the Director of Public Works may require the removal of the encroachment. Notice shall be given to the owner, occupant, person in possession of the encroachment, or any other person causing or allowing the encroachment to exist by serving on him/her a notice containing a demand for the immediate removal of the encroachment from within the highway. The notice shall describe the character and location of the encroachment with reasonable certainty. In lieu of service on the person, service of the notice may also be made by registered mail or by posting, for a period of five days, a copy of the notice to remove the encroachment in a manner that will not interfere with the use of the highway. In case the owner, occupant or person in possession is not present in the County, notice may be given to his/her agent in lieu of service by mailing or posting.

(g)

Removal of Encroachment. After providing notice to remove an encroachment, the Director of Public Works may immediately remove from any County highway or road any encroachment that:

(1)

Is not removed, or the removal of which is not commenced and thereafter diligently pursued, within five days after the service of the notice to remove the encroachment;

(2)

Obstructs or prevents the use of the highway or road by the public;

(3)

Consists of refuse; or

(4)

Is an advertising sign of any description unless the advertisement is a notice posted as required by law.

(h)

Recovery of Costs and Penalties for Encroachments Not Removed. The Director of Public Works may remove any encroachment on the failure of the owner to comply with the notice of demand of the Director of Public Works under the foregoing section and shall initiate an action to recover the expenses of the removal and the costs and expenses of the legal action per the Streets and Highways Code Section 1484 et. seq.

(i)

Abatement Action: Recovery of Penalty. If the owner, occupant, person in possession of the encroachment, the person causing or suffering the encroachment to exist, or the agent of any of them, disputes or denies the existence of the encroachment or refuses to remove or permit the removal of the encroachment, the Director of Public Works, in the name of the County, may commence, in any court of competent jurisdiction, an action to abate the encroachment as a public nuisance. If judgement is recovered by the Director of Public Works, the Director of Public Works may, in addition to having the encroachment adjudged a nuisance and abated, recover costs per the Streets and Highways Code Section 1484 et. seq. This remedy is cumulative and does not exclude punishment for the violation of this Chapter or as otherwise provided in this Title.

(j)

Disposition of Recovered Money. All money recovered under the provisions of this Chapter shall be paid into the Road Fund and shall be available to the Director of Public Works for highway purposes.

(k)

Procedures not Exclusive. Procedure provided in this section are not exclusive and shall not prohibit the Director of Public Works or other County officers and departments from exercising any other remedy provided by law to prevent damage to or protect any County highway or road or to collect the financial damages therefrom.

(l)

Violation: Penalties. In case of violations, the County make take appropriate action for the abatement, removal and restraint of any actions taken in violation of these provisions. Penalties shall be as specified in Chapter 9-814, with the correction period reduced to five days.

(m)

Liability of County. This Chapter shall not be construed to impose on the County any liability or responsibility for damage resulting from drainage obstruction related to an encroachment, nor shall the County or any County official or employee be held to assume any such liability or responsibility by reason of any inspection authorized under this section, by reason of any failure to make the inspection, or by the granting or denial of any encroachment permit.

(a)

Irrigation Drainage. Drainage of irrigation water onto any County highway or road by any means is prohibited.

(b)

Watercourse Modification. No person shall modify any natural watercourse to:

(1)

Prevent, impede, or restrict the natural flow of waters from any County highway or road into and through the watercourse, unless other adequate and proper drainage is provided;

(2)

Cause waters to be impounded within any County highway or road;

(3)

Cause an increase upstream and/or downstream water surface elevation; or

(4)

Cause interference with, or damage or hazard to, public travel.

(c)

Watercourse Creation. No person shall create or establish new watercourses adjacent to or across County highways or roads.

(d)

Water Storage. No person shall store or distribute water for any purpose to permit it to overflow onto, to saturate by seepage, or to obstruct any County highway or road.

(e)

Acts Requiring Permit. No person shall cause or permit the following without a permit issued by the Director of Public Works:

(1)

Maintain or, if already existing, continue to maintain any obstruction of any drainage facility lying partly or wholly within, across, under, or above any County highway or road.

(2)

Permit to be deposited in any drainage facility in any County highway or road any material or substance, including dirt, soil, weeds, trash, rocks, or any other substance that would alter or impede the drainage of water.

(3)

Alter, construct, obstruct, constrict, or enlarge any drainage facility within any County highway or road right-of-way by increasing or decreasing the amount, extent, nature, or direction of flow of water along any drainage facility.

(4)

Decrease or increase, enlarge or construct, heighten or deepen, or in any other fashion change the drainage facilities on private property or public property facilities on private property or public property adjacent to any drainage facility along or across any County highway or road to prevent the natural or ordinary drainage of waters along the highway or road or to place an extraordinary burden on the capacity of any drainage facilities along any County highway or road.

(a)

Driveway Encroachment Permit Required. It is unlawful to build or thereafter maintain any private or public driveway of ingress to or egress from land adjacent to a County highway or road without first having secured a driveway encroachment permit from the Director of Public Works.

(b)

Drainage Flow to be Maintained. In no case shall a permit for construction authorize the drainage facility along any County highway or road to be obstructed so as to impede the proper flow of drainage waters.

(c)

Standards for Driveway Construction. Unless otherwise specified in a driveway encroachment permit, driveways shall be constructed in accordance with the County's Improvement Standards. At a minimum, driveways shall be paved with asphalt concrete from the existing edge of pavement to the property line.

(d)

Gated Entries. Development project driveways with gated entries shall be designed such that the gate is setback a sufficient distance, as determined by the Director of Public Works, to allow at least one vehicle (passenger car, delivery truck, etc.) to queue on-site in front of the gate without extending into the right-ofway.