San Luis Obispo County Municipal Code Ch. 21.05 Improvements

As a condition of approval of maps, dividers may be required to dedicate, or to make irrevocable offers of dedication, or obtain offers of dedication of real property for streets, alleys, including access rights and abutter's rights, coastal public access, drainage facilities, public utility easements and other public easements.

(Ord. 2636 § 36, 1993; Ord. 2343 § 18, 1988: Ord. 1986 § 2 (part), 1979)

(a) When improvements are required to be made as a condition of approval of a tentative parcel map or tentative tract map, the standard of improvements required shall be reasonable for the parcels being created and shall not exceed those prescribed by the standard improvement specifications and drawings.

(b) All improvements mentioned herein shall conform to those required by the standard improvement specifications and drawings of the county as described in Section 21.01.020, recognizing that the adjustment procedure is available for unusual circumstances. Under the provisions for adjustments, road improvements in rural areas may be of a standard equal to that of the county road to which it connects.

(Ord. 2626 §§ 37, 38, 1993; Ord. 2581 § 23, 1992: Ord. 2070 § 8, 1981: Ord. 1986 § 2 (part), 1979)

After the approval of the tentative map, the divider shall furnish the following information to the county surveyor and shall receive his authorization prior to construction of any of the improvements or preparation of the parcel map or tract map:

(1) Complete improvement plans for utilities, roads, streets and drainage improvements prepared in accordance with the county standard improvement specifications and drawings;

(2) Elevations shall be referred to N.O.A.A., N.O.S. datum or local datum when N.O.A.A., N.O.S. datum is unavailable;

(3) Soils tests on which to base the design of the structural section of the roadway and soil tests as required or permitted pursuant to Government Code Sections 66490 through 66491.

(Ord. 2636 § 39, 1993; Ord. 1986 § 2 (part), 1979)

When improvements are required as a condition of approval of a tentative tract map, the divider shall have the option of:

(1) Completing all improvements prior to filing of the tract map; or

(2) Making a cash deposit or posting a certificate of deposit assigned to or made payable to the county for one hundred percent of the estimated cost of improvements, with fifty percent of that amount to be held for the laborer's and materialman's guarantee; or posting a good and sufficient improvement security in the form of a county counsel-approved performance bond or letter of credit with the county in an amount equal to one hundred percent of the cost of improvements, and a laborer's and materialman's bond or letter of credit equal to one-half of the performance bond or letter of credit. The sufficiency of the amounts of such security shall be established by the director of public works.

(Ord. 2943 § 6, 2001: Ord. 2636 § 40, 1993; Ord. 2581 § 25, 1992: Ord. 1986 § 2 (part), 1979)

(a) When improvements are required as a condition of approval of a tentative parcel map, construction of said improvements shall be completed within a reasonable time following approval of the parcel map if the subdivision review board finds that fulfillment of the construction requirements is necessary for reasons of:

(1) The public health or safety; or

(2) The required construction is a necessary prerequisite to the orderly development of the surrounding area.

(b) When improvements are required pursuant to subsection (a), the divider shall have the option of:

(1) Completing all improvements prior to filing of the parcel map; or

(2) Making a cash deposit or posting a certificate of deposit assigned to or made payable to the county for one hundred percent of the estimated cost of improvements, with fifty percent of that amount to be held for the laborer's and materialman's guarantee; or posting a good and sufficient improvement security in the form of a county counsel-approved performance bond or letter of credit with the county in an amount equal to one hundred percent of the cost of improvements, and a laborer's and materialman's bond or letter of credit equal to one-half of the performance bond or letter of credit. The sufficiency of the amounts of such security shall be established by the director of public works.

(c) If the subdivision review board does not make the findings specified in subsections (a)(1), construction of improvement requirements for the entire parcel map shall be completed prior to issuance of any permit or any other grant of approval for development of any parcel(s)

(d) Requirement for construction of improvements pursuant to subsection (c) shall be noticed by certificate on the parcel map. The form and content of the certificate shall be as prescribed by the county counsel, and shall impose upon the divider or the successors in interest of the property divided the obligation to complete construction of improvements pursuant to subsection (c) prior to issuance of any permit or other grant for development of any parcel. In addition, the divider shall provide, prior to filing the parcel map, security for the completion of improvements pursuant to subsection (c) by one of the methods specified in Government Code Section 66499, the choice of which type of security specified therein required shall be made by and is subject to approval of the county engineer. The amount of security shall be sufficient to cover the costs of improvements at the future time of construction.

(Ord. 2943 § 7, 2001; Ord. 2636 § 41, 1993; Ord. 2581 § 26, 1992: Ord. 1986 § 2 (part), 1979)

When the divider elects to post security for completion of the improvements prior to the filing of the parcel or tract map pursuant to Sections 21.05.040(2), 21.05.045(b)(2) or 21.05.045(d), the divider shall enter into an agreement with the county which provides that the improvements will be completed in accordance with the approved improvement plans. The agreement shall provide for payment by the divider to the county for the cost of the inspection of the improvements by the director of public works. The director of public works is authorized to execute said agreement on behalf of the county.

(Ord. 2943 § 8, 2001: Ord. 2636 §§ 42, 43, 1993: Ord. 1986 § 2 (part), 1979)

When a divider elects to complete the improvements prior to filing the parcel or tract map as per Sections 21.05.040(1) or 21.05.045(b)(1), the divider shall enter into an agreement for inspection of required improvements. This agreement shall provide for the payment by the divider to the county for the cost of the inspection of the improvements by the director of public works. The director of public works is authorized to execute such agreement on behalf of the county.

(Ord. 2943 § 9, 2001: Ord. 2636 §§ 44, 45, 1993: Ord. 1986 § 2 (part), 1979)