San Luis Obispo County Municipal Code Ch. 13.16 Deposits for Improvements of Designated Noncounty and County Roads

Since residences and other types of buildings are being constructed on property fronting on certain roads or streets without consideration being given to the safety problems caused by increased traffic on such roads by reason of such construction and the use of the buildings after construction, and since continued construction of buildings on such property is resulting in a condition hazardous to the safety of the general public, and of the citizens of San Luis Obispo County in particular, it is the finding of the board of supervisors of the County of San Luis Obispo that the requirements of Sections 13.16.020 through 13.16.090 are necessary to insure the safety of the general public and of the citizens of San Luis Obispo County.

(Ord. 1277 § 1 (part), 1973)

Except as otherwise provided herein, every owner, lessee, or other person constructing, or causing to be constructed, any building, structure or off-street parking facility in the unincorporated area of the County of San Luis Obispo on property which fronts upon roads designated on maps approved by resolution of the board of supervisors and on file in the offices of the county engineer and the building official, shall deposit with the county engineer such sum as shall be determined by the board of supervisors by resolution to be sufficient to defray the cost of improvement of the roads fronting the property to a standard approved by the board of supervisors by resolution. This deposit shall be required for all construction on property fronting the designated roads after the effective date hereof.

(Ord. 1277 § l (part), 1973)

The county engineer shall advise any person, who must conform to the requirements of Section 13.16.020, the amount of the deposit required by the section within thirty days of the issuance of a building permit for construction on property fronting any roads designated pursuant to Section 13.16.020.

(Ord. 1277 § l (part), 1973)

Upon the application of any interested person, the county engineer may waive the deposit required by Section 13.16.020 there he finds that the public health, safety and welfare will not be adversely affected by reason of funds not being available to construct roads fronting the property at this time or in the foreseeable future, taking into consideration the contour of the ground, the relation of the adjacent property to the street elevation, the use made of the property in the area, convenience of the public and the standard of construction of the roads already fronting the property.

(Ord. 1277 § l (part), 1973)

The county building official shall not conduct a final inspection of any building, structure or other facility and shall withhold approval of public utility connections thereto unless the deposit required by this chapter, if any, has been made with the county engineer or unless the deposit has been waived in accordance with the provisions of this chapter.

(Ord. 1277 § l (part), 1973)

Prior to the issuance of any building permit or other permit for the improvement or use of property adjoining any public street, where it is reasonably contemplated by the county engineer that the proposed improvement or use of the property will cause an increase in vehicular or pedestrian traffic so as to make necessary a widening of the existing county right-of-way for the protection of the public safety and welfare, there shall be dedicated to the County of San Luis Obispo that part of such property sufficient to bring such public street up to the width line established therefor. In the event that existing buildings or other structures are located within the right-of-way to be dedicated, the County of San Luis Obispo shall compensate the owner for the costs of removing and relocating the improvements or structures to the remaining property, or may permit the encroachment to remain.

(Ord. 1277 § l (part) 1973)

The County of San Luis Obispo shall improve any road segment covered by the provisions of this chapter whenever a total of fifty percent of the cost thereof has been deposited with the county engineer pursuant to these provisions. For this purpose, a road segment shall be that portion of the road between intersections but not more than one-half mile in length.

(Ord. 1277 § l (part), 1973)

Interested persons shall have the right to appeal to the board of supervisors from determinations made by the county engineer and the county building 'official under Sections 13.16.020 through 13.16.070, by filing a written request stating the reasons for the appeal, with the clerk of the board of supervisors within ten days of the mailing of written notice of such determination by either official.

(Ord. 1277 § l (part), 1973)

It is the intent of this chapter not to conflict with or to have any effect whatsoever on street dedications and improvement obligations required of developers under the subdivision map act and county ordinances enacted pursuant thereto.

(Ord. 1277 § l (part), 1973)

The provisions of this chapter shall be applicable to designated roads that have not been accepted into the county road system, and to designated roads that have been improved pursuant to this chapter and subsequently accepted into the county road system.

(Ord. 2053 § 2, 1981)