Article 9 — Public Improvements

The purpose of this article is to describe the types of public improvements that are required for approved subdivisions shown on final maps and parcel maps, and the types of dedications and public improvements required in connection with the issuance of building permits.

(Ord. 1445, eff. August 14, 2014; as amended by § 2, Ord. 1466, eff. March 24, 2016)

The subdivider shall agree to make all required dedications and improvements in accordance with the County Improvement Standards and to the satisfaction of the County Engineer. Such improvements shall be delivered in good condition and shall include, but not be limited to, the following:

(a) Street grading, the installation of curbs and gutters where required, and barriers where required;

(b) Drainage facilities and appurtenances sufficient to protect the development from inundation, flooding, and ponding from storm waters, springs, underground waters, or other surface waters. All drainage installations shall be designed and constructed in accordance with the County Improvement Standards. Improvements shall not include

drainage facilities for the removal of surface and storm waters of local or neighborhood drainage areas for which a drainage fee is required of an applicant;

• (c) The paving of all streets, pedestrian ways, and alleys as required;

• (d) The installation of sidewalks as required;

• (e) Provisions for a domestic water system in accordance with the standards of the utility serving the area or the current County Improvement Standards;

• (f) Provisions for sufficient fire hydrants, gated connections, and appurtenances to provide adequate fire protection in accordance with the standards of the fire district serving utility and the provisions of this chapter;

• (g) Provisions for public sanitary sewerage facilities, appurtenances, and connections for each lot to the sewer

system as approved by the County Engineer and such other agencies as may have jurisdiction or individual sewage disposal systems as approved by the Public Health Director;

• (h) Provisions for the installation of underground utilities including electric, gas, and communication;

• (i) Provisions for the installation of street lights;

• (j) Street name signs at all street intersections;

• (k) Traffic control signs and safety devices as required by the County Engineer;

• (l) The planting of trees as required;

• (m) Fences or walls approved by the County Engineer constructed by the subdivider along all property lines where the Commission determines a condition hazardous to persons or property may exist; and

• (n) The installation of a system of survey monuments as required by the County Engineer.

• (Ord. 1445, eff. August 14, 2014; as amended by § 2, Ord. 1466, eff. March 24, 2016)

The following improvement plans, prepared under the direction of a registered civil engineer licensed by the State, shall be submitted by the subdivider to the County Engineer for approval at the time of submitting the final map or parcel map pursuant to the provisions of Article 5 of this chapter:

(a) The plans and specifications for all improvements required by this chapter or by the County Engineer, as well as for other improvements proposed to be installed by the subdivider in, over, or under any street or right-of-way, easement, or parcel of land where improvements are required or proposed;

• (b) A grading plan and soils report showing all earth cuts and/or fills of five (5) feet or more;

• (c) A certificate of approval of any of the proposed improvements of concern to a water and sanitary or sanitation district within which all or part of the subdivision may lie; and

(d) A report, including any data, profiles, contours, design calculations, and other information which the County Engineer shall require, stating that the drainage facilities to be installed to serve the proposed subdivision are in full compliance with the requirements of this chapter and will accomplish drainage in the manner stated.

(e) Plans and profiles and construction details shall be drawn on sheets twenty-four (24) inches by thirty-six (36) inches in size.

(Ord. 1445, eff. August 14, 2014; as amended by § 2, Ord. 1466, eff. March 24, 2016)

Concurrently with the acceptance of the final map or parcel map, the subdivider shall enter into an agreement with the Board, agreeing to have the public improvements completed within the time specified in the agreement. Such agreement shall provide a clause guaranteeing the workmanship and materials provided in all improvements for a twelve (12) months period after acceptance of the improvements by the Board. Such agreement may provide for an

extension of time under specified conditions. The agreement may also provide for the termination of the agreement upon a reversion to acreage or revocation of all or part of the subdivision.

(Ord. 1445, eff. August 14, 2014; as amended by § 2, Ord. 1466, eff. March 24, 2016)

(a) To assure that the improvements required by the provisions of this article are satisfactorily completed in accordance with the provisions of this chapter, adequate improvement security shall be furnished by the subdivider for the cost of the improvements according to the plans and specifications in a sum or amount equal to the estimate approved by the County Engineer. Such estimate shall include an allowance for the administrative and legal cost as provided in the Subdivision Map Act Section 66499.4. Partial release of such improvement security will not be considered.

(b) The improvement security shall be released by the Board of Supervisors upon the acceptance of the work or upon the revocation or reversion to acreage of the subdivision and the abandonment of all roads and easements; provided, however, such amount as may be determined by the County Engineer to guarantee workmanship and materials shall remain in full force and effect for one (1) year after the acceptance of the improvements. Such amount shall be not less than fifteen (15) percent of the estimated cost of the public improvements.

(Ord. 1445, eff. August 14, 2014; as amended by § 2, Ord. 1466, eff. March 24, 2016)

For parcel maps, the dedications and improvements required by this article shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements for the parcels being created. The scope of dedications and improvements required, and the timing of the construction of the improvements, shall be determined by the Director as required to protect public health and safety, and to provide for the orderly development of the surrounding area.

(§ 2, Ord. 1466, eff. March 24, 2016)

(a) No building, electrical, mechanical, or plumbing permit for any building or structure shall be issued unless the one-half (1/2) of the street which is located on the same side of the center of the street as such lot has been dedicated (via subdivision process in this chapter, or other instrument acceptable to the County Engineer) and improved for the full width of the lot so as to meet Yolo County Improvement Standards for such street or such dedication and improvement has been assured to the satisfaction of the County Engineer. As used in this section, the center of the street shall mean the center of the street as shown in County Records. The provisions of this subsection shall not apply to the issuance of permits under any of the following conditions:

(1) That the permit is issued for the purpose of performing alterations made necessary to protect the public health or safety upon the direction of the Chief Building Official, Health Officer, or other authorized County representative; or

(2) That the permit issued is not related to or does not cause or create a material change in the character, occupancy, or use of the land or building involved; or

(3) That the permit issued is not related to or does not cause or create a significant enlargement or expansion of the existing use of the land or the building involved; and

(4) That the permit is issued for the purpose of replacing structures destroyed or damaged by fire, flood, wind, or acts of God. This exemption shall be only to the extent that the replacement or restored building has the same or less

square footage as the original structure. If it is significantly larger, or if there is a material change in the character, occupancy, or use of the building, then this exemption shall not apply.

None of the exemptions set forth in subsections (2) or (3) of this section shall apply to permits for alterations, improvements, or construction costing five thousand ($5,000) dollars or more. The valuation of such alterations, improvements, or construction shall be based on the latest table of valuation used to determine building permit fees.

(b) The maximum area of land required to be so dedicated shall not exceed twenty-five (25%) percent of the area of any such lot which was of record on September 1, 1969, in the office of the County Clerk-Recorder. In no event shall such dedication reduce the lot below an area or dimension which would produce a nonconforming parcel for its specific zoning. Should such dedication create a substandard yard area or setback for an existing main building, no variance shall be required to permit additions to such structure provided such additions comply with all the other zoning regulations and provided further such additions do not further reduce such nonconforming yard area or setback. (c) No such dedication shall be required with respect to those portions of such a lot underlying a main building which was existing on September 1, 1969.

ilding, no variance shall be required to permit additions to such structure provided such additions comply with all the other zoning regulations and provided further such additions do not further reduce such nonconforming yard area or setback. (c) No such dedication shall be required with respect to those portions of such a lot underlying a main building which was existing on September 1, 1969.

(d) No additional improvements shall be required on such a lot where complete roadway, curb, gutter, and sidewalk improvements, in a serviceable condition and meeting all requirements of the Americans with Disabilities Act, exist within the present dedication contiguous thereto, as determined by the County Engineer.

(e) No building or structure shall be erected on any such lot after September 1, 1969, within the dedication required by the provisions of this section.

(f) Except as otherwise provided in this article, where property is to be developed by the construction of any structure or building, all such structures or buildings shall be set back as required by any applicable law of the County, such setback to be measured from the right-of-way line of the proposed widening or extension of any street adjacent to such property as shown in County records or, on any existing or proposed street not shown in County records, at the width adopted by the Board.

(g) The provisions of this article shall apply to all property used for commercial business purposes which use does not require permanent structures or buildings.

(h) Within thirty (30) days after the receipt of an application for a building permit, together with all required plans and information, the County Engineer shall either approve such application or return it to the owner or his or her agent with the requirements of the County Engineer appended thereto.

(i) Where the improvements required by this article have not been completed at the time an application is made for a building permit, except as hereinafter provided, no building permit shall be issued until the applicant shall submit to the County Engineer a layout plan for the property, showing all curbs, gutters, sidewalks, and drainage facilities, the location and grade, and all driveway sizes and locations, received the approval of such layout plan by the County Engineer, and agreed to the installation and construction of such improvements, in accordance with the approved layout plan, concurrently with the construction of the building for which the building permit is sought and before the issuance of an occupancy permit therefor. The agreement shall indemnify and hold harmless the County from any and all loss, damage, or liability resulting from the applicant’s performance or nonperformance of his or her liabilities under the agreement. The applicant shall obtain and file with the County a good and sufficient improvement security in a sum or amount equal to the estimate of the County Engineer of the cost of the required improvement. The security shall be conditioned upon the full and faithful performance by the applicant of the terms and conditions of the agreement.

r nonperformance of his or her liabilities under the agreement. The applicant shall obtain and file with the County a good and sufficient improvement security in a sum or amount equal to the estimate of the County Engineer of the cost of the required improvement. The security shall be conditioned upon the full and faithful performance by the applicant of the terms and conditions of the agreement.

(j) If the County Engineer determines that the character of the surrounding neighborhood, the present development thereof, and the nature of the proposed use does not require the immediate installation and construction of the improvements required by the provisions of this article at the time of the construction of the building or structures authorized by the building permit, the County Engineer may waive any or all such improvement requirements or may

enter into an agreement with the owner of the property under which the owner shall be required to install such improvements at his or her own cost and expense at such time as the County Engineer may determine that the character of the surrounding neighborhood and the development thereof require the installation of such improvements. Such agreement shall indemnify and hold harmless the County from any and all loss, damage, or liability resulting from the owner’s performance or nonperformance of his or her liabilities under the agreement. The agreement shall be binding upon the owner and his or her heirs, assigns, and successors in interest and shall contain the promise of the owner to sign a petition pursuant to the provisions of Division 7, Part 3, Chapter 27, of the Streets and Highways Code of the State upon the request of the County Engineer to do so. Such agreement shall be filed for record in the office of the County Clerk-Recorder.

(k) When the County Engineer requires the installation of such improvements, the owner, or his or her successor in interest, shall comply with the provisions of this section relating to the approval of the layout plan for such improvements. Under such determination, the County Engineer shall give thirty (30) days’ notice in writing to the owner of the property to install the required improvements. If the owner of the property refuses or neglects to install the required improvements after such notification, such improvements may be installed by the Department, and the cost thereof shall become a lien and charge upon the property.

(l) All public improvements shall be constructed in accordance with the provisions of this chapter and the County Standards. Once improvements have been constructed pursuant to the provisions of this article in accordance with the plans and grades approved by the County Engineer, the property owner shall not be liable for any future reconstruction of such improvements if such reconstruction is necessitated by a change in grade or street widening.

(m) When all the dedications and improvements required by the provisions of this article have been completed or have satisfied the requirements of the County Engineer, a building permit may be issued.

(n) If the property owner or applicant for a building permit is dissatisfied with any determination made by the County Engineer pursuant to the provisions of this article, the property owner or applicant may appeal in writing to the Board stating the reasons for his or her dissatisfaction with the determination of the County Engineer. Such appeal shall be made within ten (10) days after the action of the County Engineer. The appeal shall be filed with the Clerk of the Board, and the Board shall hear the appeal within thirty (30) days after the date of filing the appeal. Notice shall be given by the Clerk of the Board to the County Engineer and the appellant of the date and time of hearing the appeal. (o) The provisions of this article are enacted for the protection of the public health, safety, and welfare and shall be liberally construed to obtain the beneficial purposes thereof.

(§ 2, Ord. 1466, eff. March 24, 2016)