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(a) A subdivider shall install sewer improvements for the benefit of the subdivision that contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and dedicate the supplemental improvements to the public if: (1) the property to be subdivided has or will have sewer improvements that will be dedicated to the public use and become part of the publicly maintained sewer system, (2) other properties in the sewer basin when developed will need to connect to the subdivider's improvements in order to connect to a County sanitation district or County sewer maintenance district's sewer facilities and (3) requiring the subdivider to install supplemental sewer improvements will facilitate future connections from other properties in the sewer basin to the appropriate County sanitation district or County sewer maintenance district's facilities, and will benefit the public.
(b) In determining the supplemental sewer improvements a subdivider shall install, the County shall estimate the supplemental amount needed for future developments based on available projections for the full build out of the applicable sewer basin. The County may rely on: (1) any approved sewer master plan for the County sanitation district or County sewer maintenance district the property to be subdivided is eligible to connect with, (2) the County General Plan, (3) any approved Specific Plans or tentative maps or (4) any available environmental impact reports or any other public or private projections the County deems reliable that forecast probable developments for the full build out of the applicable sewer basin.
(c) A subdivider shall install flood control improvements for the benefit of the subdivision that contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and dedicate the supplemental improvements to the public under any of the following circumstances:
(1) The property to be subdivided is located within an area served by the County Flood Control District Special Drainage Area (SDA) and: (A) the approved drainage facility master plan for that SDA identifies one or more properties in the vicinity of the proposed subdivision, that when developed, will be required to connect with the district's facilities, and (B) requiring the subdivider to install supplemental improvements will facilitate future connections from other properties identified in the drainage facility master plan to the district's flood control facilities and benefit the public.
(2) The property to be subdivided is located within an area served by the San Diego County Flood Control District and: (A) there are no flood control facilities to accommodate the project within the drainage basin where the property is located and (B) requiring the subdivider to install supplemental improvements will facilitate future connections from other properties in the drainage basin to the district's flood control facilities and benefit the public.
(3) The property to be subdivided has or will have on-site drainage improvements that will be dedicated to the public use and become part of the publicly maintained flood control system and: (A) other properties in the vicinity when developed will need to connect to the subdivider's improvements in order to connect to the San Diego County Flood Control District facilities and (B) requiring the subdivider to install supplemental drainage improvements will facilitate future connections from the other properties in the vicinity to the district's facilities and will benefit the public.
(d) In determining the supplemental flood control improvements a subdivider shall install, the County shall estimate the supplemental amount needed for future developments based on available projections for the full build out of the applicable drainage basin. The County may rely on any approved drainage facility master plan for the applicable SDA, the County General Plan, any approved Specific Plans or tentative maps or any available environmental impact reports or any other public or private projections the County deems reliable that forecast probable developments for the full build out of the SDA basin.
(e) When a subdivider is required to install supplemental improvements as provided in subsections (a) or (c) the County shall enter into a reimbursement agreement with the subdivider to reimburse the subdivider for that portion of the cost of those improvements, including an amount attributable to interest, in excess of the construction required for the subdivision. The County may pay for the costs required by the reimbursement agreement by any method allowed under Government Code section 66487.
(Added by Ord. No. 4992 (N.S.), effective 11-10-77; repealed and reenacted by Ord. No. 5899 (N.S.), effective 11-6-80; amended by Ord. No. 8690 (N.S.), effective 7-5-96; amended by Ord. No. 10037 (N.S.), effective 3-26-10)
(a) Before a final map, or where allowed, a parcel map for a major subdivision, is approved, the subdivider shall complete or enter into a written agreement with the County with the appropriate security as provided in section 81.408 to complete the following improvements:
(1) Grade and improve all land dedicated or to be dedicated for roads or easements, bicycle routes and all private roads and private easements laid out on a final map or parcel map in the manner and with the improvements that are necessary for the use of the lot owners in the subdivision, local neighborhood traffic and drainage needs in accordance with County Standards.
(2) Install all on-site and off-site drainage and flood control facilities required by the Director DPW, in conformance with San Diego County Standards and applicable floodplain overlay zoning and drainage and flood control policies of the County General Plan. When the Board determines, however, that completing construction of the off-site facilities to San Diego County Standards before the final map or parcel map is approved is impracticable, the subdivider may be allowed to complete the construction in stages when the Board also determines there is a substantial public benefit to staged construction. In that case, the subdivider shall:
(A) Construct required drainage and flood control facilities that are outside the boundaries of the subdivision in stages in conformance with San Diego County Standards and in a manner that will not result in an increase in existing or potential flood hazards to downstream properties.
(B) Construct the facilities to provide for increases in flood flows attributable to a proposed development and the cumulative effect of future developments in the watershed pursuant to current County policy regarding staged construction.
(C) Design the staged facilities to include provisions for minimum maintenance requirements including, but not limited to, vehicular access, erosion and sedimentation control, structural low flow channels and service roads and where appropriate landscaping and irrigation.
(3) Extend public water supply facilities adequate to serve the subdivision to the property to be subdivided when the project is located within a water district or a district's adopted sphere of influence and: (A) the main lines of the existing public potable water supply are located within 500 feet of the subdivision boundary or (B) the subdivider has proposed the use of a public water supply to serve the subdivision.
(4) Provide proof satisfactory to the Director that the serving water district has certified that adequate potable public water supply is available to each lot or parcel or to the Director DEHQ that there is an adequate potable well water supply available to each lot or parcel. The subdivider shall also install minimum water supply pipe as determined by the Director DPW and recommended by the water district serving the proposed subdivision.
(5) Install fire hydrants and connections as approved by the chief of the local fire district or the County Fire Official.
(6) Install a public system for sewers or sewage disposal serving all proposed lots or parcels where it is determined that the system is required to preserve the public health due to the size and shape of the proposed lots, the terrain and soil condition of the land to be subdivided and the existing development in the vicinity of the proposed subdivision. Each public system shall be approved by the serving sanitation district according to its standards and policies.
(7) Install underground all new and existing utility distribution facilities, including cable television lines and other video service facilities, within the boundaries of any new subdivision or within any half road abutting a new subdivision. The subdivider is responsible for complying with the requirements of this subsection and shall make the necessary arrangements with each of the serving utilities, including licensed cable television operators and other video service providers, for the installation of these facilities. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities necessarily appurtenant to these underground utilities and street lighting systems may be placed above ground. This subsection shall not apply to the installation and maintenance of overhead electric transmission lines in excess of 34,500 volts and long distance and trunk communication facilities. When the installation of cable television lines or video service facilities is required, the subdivider shall provide the Director DPW with either documentation from a licensed or franchised cable television operator or other franchised video service operator, stating arrangements for the underground installation of cable television lines or other video service facilities have been made or documentation that the Cable Television Review Commission has reported that no licensed cable television operator is willing and able to install cable television lines in the subdivision. Any modification or waiver of the requirements of this subsection shall be governed by sections 81.308 and 81.309 and reviewed in accordance with the Board Policy on installing utilities underground.
(8) Construct a street lighting system as required by the Director DPW in conformance with San Diego County Standards.
(9) Grade and improve all land dedicated or to be dedicated for trails or pathways including land previously dedicated for a road which includes sufficient right-of-way for a pathway. Trail improvements shall be made in accordance with the trail standards specified in section 7, "Design and Construction Guidelines," of the CTMP for the type of trail to be developed. Pathway improvements shall be made in accordance with the standards for pathways in the San Diego County Public Road Standards.
(b) Where each parcel on a parcel map for a major subdivision contains a gross area of 20 acres or more, the subdivider shall complete the following improvements:
(1) Grade and improve private roads to grades and widths required in accordance with San Diego County Standards for Private Roads.
(2) Install all drainage structures and facilities required by the Director DPW in conformance with San Diego County Standards.
(3) Install water supply pipelines, fire hydrants and connections as may be required by the Planning Commission or the Board.
(4) Grade and improve all land dedicated or to be dedicated for trails or pathways including land previously dedicated for a road which includes sufficient right-of-way for a pathway. Trail improvements shall be made in accordance with the trail standards specified in section 7, "Design and Development Guidelines," in the Community Trails Master Plan for the type of trail to be developed. Pathway improvements shall be made in accordance with the standards for pathways in the San Diego County Public Road Standards.
(c) If improvements are not completed at the time the final or parcel map is approved and are instead secured by a subdivision improvement agreement, subdivider shall, when the area where improvements are to be made is not accessible by public easements, grant a right of entry or temporary easement to the County in a form acceptable to the Director DPW to allow the County access to the area where the improvements are to be made. The right of entry or temporary easement shall continue for so long as the improvements remain incomplete and for one year following the acceptance of the improvements. Subdivider shall record the right of entry or temporary easement so that subsequent purchasers of interests in the subdivision will have notice of the County's access rights.
(d) Unless determined by the Director DPW to be unnecessary because improvements will be constructed before the lots served by the improvements will be developed, all projects except those for which a traffic study has not been required to be prepared shall have an approved Construction Phasing Plan for all on-site and off-site improvements that identifies when the required improvements will be constructed in relation to the rough and final grade releases and issuance of building permits. All approved Construction Phasing Plans shall be made a part of the project's improvement agreement.
(e) No rough grading approval or building permits will be issued on a lot until all essential off-site road improvements, all on-site road improvements whether essential or not, and all utility, drainage and other improvements needed to serve the lot are completed to the satisfaction of the Director DPW. For the purposes of this section, essential off-site road improvements shall mean those improvements determined by the Director DPW to be needed to serve a lot to mitigate project environmental, traffic safety or operational impacts. Final pavement cap, driveway, and sidewalk improvements may be constructed after rough grade approval and building permit issuance; except, the Director DPW may require earlier completion where determined by the Director DPW to be necessary to protect public safety and welfare. No final grading approval or occupancy will be issued for a lot until final pavement cap, driveway, and sidewalk improvements serving the lot are completed to the satisfaction of the Director DPW. Notwithstanding the foregoing and unless earlier completion of off-site improvements is determined by the Director DPW to be necessary to mitigate project impacts or address a traffic safety or operational deficiency, subdivisions for which a Construction Phasing Plan is not required may defer the construction of off-site improvements until after rough grade releases and/or building permits have been issued for seventy-five percent of the buildable lots in the subdivision.
(f) Sections (d) and (e) shall not apply to any subdivisions with tentative map or parcel map applications that have been deemed completed pursuant to the requirements of the Subdivision Map Act, Government Code section 66410 et seq. on or before October 28, 2011.
(Amended by Ord. No. 4931 (N.S.), effective 7-7-77; amended by Ord. No. 4992 (N.S.), effective 11-10-77; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 5736 (N.S.), effective 5-29-80; amended by Ord. No. 5890 (N.S.), effective 10-30-80; amended by Ord. No. 5949 (N.S.), effective 1-8-81; amended by Ord. No. 5963 (N.S.), effective 2-5-81; amended by Ord. No. 6256 (N.S.), effective 4-15-82; amended by Ord. No. 6276 (N.S.), effective 5-27-82; amended by Ord. No. 6508 (N.S.), effective 3-1-83; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9063 (N.S.), effective 8-13-99; amended by Ord. No. 9675 (N.S.), effective 10-22-04; amended by Ord. No. 9701 (N.S.), effective 3-4-05; amended by Ord. No. 9719 (N.S.), effective 6-17-05; amended by Ord. No. 9841 (N.S.), effective 4-20-07; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10179 (N.S.), effective 11-11-11; amended by Ord. No. 10709 (N.S.), effective 1-15-21)
(a) Where the subdivider agrees to install improvements pursuant to section 81.404, the agreement shall provide that the subdivider shall complete the improvements within two years after recording the map.
(b) In those instances consistent with subsection (c) below where a subdivider has obtained all permits to construct improvements required by the agreement and has begun installation of the improvements, the Director DPW may extend the time for the subdivider to complete improvements once for up to two years provided the Director DPW is satisfied the security the subdivider has provided is adequate. In all other instances and except as provided in subdivision (c), the Director may extend the time for a subdivider to complete improvements once, for up to two additional years provided the Director is satisfied that the security provided by the subdivider is adequate. The Director may require the subdivider to provide additional or modified security as a condition of the extension.
(c) The Director and Director DPW may extend the time for a subdivider to complete improvements once, for up to two additional years and shall not grant an extension for completion of the improvements if the subdivider has previously been granted a time extension or the subdivider has substituted security for the security originally furnished under section 81.408. The Board, however, may grant additional time extensions.
(Added by Ord. No. 8343 (N.S.), effective 2-5-94; amended by Ord. No. 8393 (N.S.), effective 6-10-94; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10179 (N.S.), effective 11-11-11; amended by Ord. No. 10529 (N.S.), effective 5-18-18)
(a) The subdivider of a major subdivision shall have a licensed surveyor or registered civil engineer set the following monuments at the time of making the survey for the final map or parcel map and before the subdivider records the final map or parcel map:
(1) Permanent monuments at the exterior boundary of the subdivision using iron pipes at least two inches in diameter and twenty-four inches long set at each corner, at intermediate points along the boundary not more than 1,000 feet apart and at the beginning and end points of all curves. If an existing record and identified monument already exists at any corner or point where a monument is required the Director DPW may allow the existing monument to be used in lieu of a new monument.
(2) Permanent monuments at all corners for each lot, except where an exterior boundary corner has already been set, pursuant to subsection (a)(1), that meet one of the following minimum requirements: (A) Three-fourth inch diameter iron pipe at least eighteen inches long, (B) One-half inch diameter steel rod at least eighteen inches long, (C) Lead plug and brass identification disks set in concrete structures, curbs, on fences, block walls or in boulders or (D) When the location where the monument should be set is inaccessible, on an appropriate offset determined by a licensed surveyor or registered civil engineer and approved by the Director DPW.
(3) Additional monuments the Director DPW requires that the subdivider set to mark the limiting lines of streets, easements or section lines.
(4) All other monuments the subdivider is required to set as a condition of the tentative map.
(b) All monuments and their installation shall conform to the San Diego County Standards.
(c) Interior permanent lot or parcel monuments may be deferred in accordance with Government Code section 66496 if the subdivider provides adequate security that satisfies the Director DPW. If the subdivider defers setting these interior monuments the engineer or surveyor shall certify on the map that the monuments will be set on or before a specified date, however, the monuments shall be set no later than 30 days after completion of required improvements.
(d) All monuments set along and within the public right-of-way of the subdivision shall be inspected and be satisfactory to the Director DPW before the Board accepts the improvements. The engineer or surveyor may request that the County inspect additional monuments.
(e) Every final map or parcel map which is proposed to revert the subject land to acreage pursuant to Government Code section 66499.11 et seq. shall show at least one exterior boundary line with monuments installed in the manner specified in subsection (a)(1) above.
(f) Except as provided in subsection (e), all monuments required by subsection (a) shall be shown on the final map or parcel map.
(Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 6016 (N.S.), effective 5-7-81; amended by Ord. No. 6552 (N.S.), effective 4-15-83; amended by Ord. No. 8393 (N.S.), effective 6-10-94; amended by Ord. No. 9623 (N.S.), effective 2-8-04; amended by Ord. No. 10037 (N.S.), effective 3-26-10)
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