Chapter 4 — Urban Area Development

8400 - Urban area improvements. 8400-1 - Improvements required.

Except as otherwise provided herein, every owner, lessee, or other person, constructing or substantially modifying, or causing to be constructed or substantially modified, any building, structure, or off-street parking facility in the unincorporated parts of the County of Ventura, in any area designated by resolution of the Board of Supervisors to be an urban area (as hereinafter defined), shall also provide for the construction of curbs, gutters, sidewalks, drainage facilities, and street paving. The aforementioned improvements shall be made, in accordance with County of Ventura standard specifications and design, for all public street frontage adjoining the property upon which the construction is to be done, unless curbs, gutters, sidewalks and paving constructed and located in accordance with County standards and design already exist.

8400-1.1 - Exemptions.

As concerns residential dwellings containing three or fewer units, the requirements of Section 8400-1 shall apply to new construction only, and shall not apply to modifications of any kind.

8400-1.2 - Substantial defined.

For purposes of Section 8400-1 a modification shall be considered substantial where its total cost is in excess of $3,000.00 as established by the valuation set by the building inspector for building permit fee purposes.

8400-1.3 - Improvement plans.

Any required street or road improvement plans shall be referred to the Director of Public Works for approval of the County Surveyor and Road Commissioner. Such plans shall be accompanied by an estimate of cost of construction to be used as a basis for the amount of improvement security for an agreement to construct, or to be used as a basis for the amount of a cash deposit in lieu of construction, and shall be subject to approval of the Road Commissioner. Approval of the plans shall also be subject to plan check, permit and inspection fees imposed by the Department of Public Works.

8400-1.4 - Encroachments.

Any encroachment within the County rights-of-way shall be handled in accordance with Division 12 of the Ventura County Ordinance Code (Encroachment Ordinance).

8400-2 - Urban area property.

For purposes of Section 8400-1 property shall be considered to be in an urban area where:

The property is within five (5) miles of any incorporated city within the County of Ventura; or

A substantial number of parcels of improved real property within three thousand (3,000) feet of the property and abutting upon the same street already have curbs, sidewalks, or gutters. For purposes of this subsection twenty-five (25%) percent or more shall be considered a substantial number; or

Where it is reasonably contemplated that in the area of which the particular piece of property is a part, within five years from the date of application for the building permit it will become customary or necessary for public welfare and safety to have sidewalks, curbs, and gutters.

The Board of Supervisors may, from time to time by resolution declare which areas of the County are "urban areas" within the foregoing standards. Sections 8400-1 through 8400-6 and 8400-8 through 8400-9 of this Code shall, ten (10) days thereafter, apply to such urban areas.

8400-3 - Request for street line and grade.

Upon the written request of any person who must conform with the requirements of Section 8400-1 and within ninety (90) days of such request, the Director of Public Works shall establish a street line and grade for the public street frontage adjacent to the property upon which the construction is to take place.

8400-4 - Bond or deposit for improvements.

In lieu of construction of required curbs, gutters, sidewalks, paving, and drainage facilities, the owner, lessee, or other person, shall, if the Director of Public Works finds that deferring such improvement is in the public interest, post with the County of Ventura a sufficient bond, or cash deposit or other security, which bond, cash, or security are approved as to amount and form by the Director to guarantee installation of such improvements within such period as the Director shall specify. If the amount required is less than $500.00, a cash deposit will have to be made.

8400-5 - Improvement waiver.

Upon the application of any interested person, the Director of Public Works may waive the construction of sidewalks, curbs, gutters, paving or drainage facilities, hereunder where the public health, safety and welfare will not be adversely affected, 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, and convenience of the public.

8400-6 - Requirement of inspection.

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 curbs, gutters, sidewalks, paving, and drainage facilities, required by the foregoing Sections have been completed, or when permitted, a bond, cash deposit, or deposit of securities to guarantee such construction have been posted with the County and approved by the Director of Public Works, or unless such requirements have been waived in accordance with the appropriate foregoing provisions of this ordinance.

8400-7 - Dedication to county.

Prior to the issuance of any building permit or other permit for the improvement or use of property adjoining a public street, where it is reasonably contemplated by the Director of Public Works 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 Ventura 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 Ventura shall compensate the owner for the costs of removing and relocating the improvements or structures to the remaining property, or may permit such encroachment to remain.

8400-8 - Appeal.

Interested persons shall have the right to appeal to the Board of Supervisors from determinations made by the Director of Public Works and the Building Official under Sections 8400-1 to 8400-7. The Board of Supervisors shall establish reasonable procedure for

hearing such appeals.

8400-9 - Intent.

It is the intent of this ordinance 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.

(Am. 5/14/74—Ord. 2845)