San Luis Obispo County Municipal Code Ch. 13.20 Road Extension Agreements

In order to meet the requirements of the real property division ordinance, the land use ordinance, and the coastal zone land use ordinance, certain public road, utility or drainage facilities and improvements are required to be constructed as conditions of approval of subdivision applications. In some cases, road, utility or drainage facilities and improvements are required which extend beyond the limits of the subdivision site. The board of supervisors has determined that it is reasonable to establish a mechanism by which the party who constructs the public road, utility or drainage facilities and improvements may be reimbursed by the owners of other property which benefit from these facilities and improvements. Therefore, the following sections implement the provisions of Sections 66485 through 66487 of the California Government Code in the establishment of improvement reimbursement agreements.

(Ord. 3129 § 1 (part), 2007)

The planning commission or subdivision review board, as the advisory agency, may approve or conditionally approve a tentative tract map or tentative parcel map with the requirement that road, utility or drainage facility improvements contain supplemental size, capacity or length for the benefit of property not within the subdivision, and those road, utility or drainage facility improvements may be required to be dedicated to the public. The determination of what size, capacity or length is considered "supplemental" shall be made by the advisory agency at the time of action on the tentative tract map or tentative parcel map, upon recommendation from the department of public works, and enumerated in the conditions of approval.

(Ord. 3129 § 1 (part), 2007)

For any road, utility or drainage facility improvements required to be installed with supplemental size, capacity or length pursuant to Section 13.20.020, the county shall enter into an improvement reimbursement agreement (hereinafter referred to as "agreement") with the subdivider, to reimburse the subdivider for that supplemental portion of the cost of those facility improvements, including an amount attributable to interest. All agreements shall be in a form approved by county counsel, and shall be executed prior to recordation of a final map or parcel map.

(Ord. 3129 § 1 (part), 2007)

The requirement to install road, utility or drainage facility improvements with supplemental size, capacity or length, and to enter into an agreement for reimbursement, shall only apply within urban reserve lines or village reserve lines, as defined by the land use element of the general plan.

(Ord. 3129 § 1 (part), 2007)

In order to pay the costs of agreements entered into pursuant to Section 13.20.030, the county may collect from other persons, including public agencies, using such road, utility or drainage facility improvements for the benefit of real property not within the subdivision, a reasonable charge for such use. The determination of the area benefited by the road, utility or drainage facility improvements shall be made at the time the advisory agency acts to conditionally approve the subdivision, and shall be enumerated in the conditions of approval. All property owners within the area benefited shall be notified of the public hearing at which the advisory agency shall consider the subdivision application. The reasonable charge shall be established in conditions of approval for any tentative tract map or tentative parcel map applied for within the area benefited, following execution of the agreement. For those persons required to pay this charge, payment shall be made to the county prior to recordation of the final map or parcel map for their property.

(Ord. 3129 § 1 (part), 2007)

The reimbursement paid to the subdivider under an agreement entered into pursuant to Section 13.20.030, shall consist of those funds collected by the county pursuant to Section 13.20.050 over the fifteen-year period commencing with the execution of the agreement, less a fee established to cover the county's reasonable cost to administer the agreement. Notwithstanding any other provision of this chapter, the county's liability for reimbursement to the subdivider shall be limited to the amount actually collected by the county.

(Ord. 3129 § 1 (part), 2007)

The board of supervisors does hereby authorize the director of public works and transportation, or his or her designee, to enter into any improvement reimbursement agreements on behalf of the county.

(Ord. 3129 § 1 (part), 2007)