§ 9-600

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