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A subdivider's offer of dedication for a minor subdivision for each right-of-way for a street shown as prime arterial, major road, boulevard, community collector, light collector or minor collector on the County General Plan Mobility Element shall comply with the following requirements:
(a) The subdivider shall dedicate 30 feet of right-of-way from the centerline of a street governed by this section to the boundary line of each lot of the subdivision which abuts the street. The dedicated right-of-way shall be shown on the parcel map.
(b) The specific location of the centerline of every street governed by this section, as established by the Director DPW, shall be shown on the parcel map.
(c) The full width of every street regulated by this section shown on a parcel map shall be identified by a line drawn at the appropriate location and labeled "limit of proposed street widening." The distance in feet on each side of the centerline of a street shall be as provided in the County Public Road Standards, based on the type of street required.
(d) A street setback line as defined in section 51.302(p) is established on each side of and parallel to the centerline of every street shown on the County General Plan Mobility Element, except in multiple residence zones, commercial zones and manufacturing zones. The distance in feet from the centerline of the highway to the street setback line shall be 20 feet plus the distance in feet referenced in subsection (c), above.
(e) Whenever any street is shown on a parcel map, the street setback line shall be shown at the appropriate location and labeled "street setback line."
(Amended by Ord. No. 5758 (N.S.), effective 6-12-80; amended by Ord. No. 9063 (N.S.), effective 8-13-99; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10167 (N.S.), effective 10-14-11)
Pursuant to Government Code section 66447 all dedications or offers of dedication required by this division shall be made as follows:
(a) Except as provided in subsection (d) below, a subdivider shall make all dedications or offers of dedication lying within the boundary of the parcel map by a certificate on the map. This certificate shall be combined with the owner's certificate as described in section 81.811. Each dedication or offer of dedication shall be free of any liens or encumbrances that would interfere with the purpose for which the dedication or offer of dedication is required. The subdivider shall provide the Director with a parcel map report including an appropriate plat when the parcel map is submitted pursuant to section 81.707.
(b) A subdivider shall make all dedications or offers of dedication lying outside the boundary of the parcel map by a separate instrument and shall record the dedications or offers of dedication prior to filing the parcel map. An irrevocable offer of dedication shall provide that it is binding on each property owner, the property owner's heirs, assigns or successors in interest. Except as provided in Government Code section 66477.2(b), an irrevocable offer of dedication shall also provide that the offer shall continue until the Board accepts the offer or it is vacated pursuant to section 66477.2. Each dedication or offer of dedication shall be free of any liens or encumbrances that would interfere with the purpose for which the dedication or offer of dedication is required. The subdivider shall provide a current preliminary title report including an appropriate plat satisfactory to the Director.
(c) An easement for public utilities may be dedicated to and accepted by a public utility by certificate on the map.
(d) As an exception to subsection (a), if the Director determines that dedications or offers of dedication within the boundary of a parcel will not be needed immediately to serve the proposed subdivision the Director may require the dedication or offer of dedication to be made by separate instrument. In that case a dedication or offer of dedication shall be made as provided in subsection (b) above.
(e) When no parcel map is required, all dedications or offer of dedication shall be made as provided in subsection (b) above.
(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. 6167 (N.S.), effective 10-22-81; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10529 (N.S.), effective 5-18-18)
(a) A parcel map shall contain a certificate for execution by the Director DPW stating that the Director DPW acting on behalf of the Board has (1) accepted, (2) accepted subject to improvement or (3) rejected, any real property offered for dedication as right-of-way for road purposes for public use. The certificate may also include the Director DPW's (1) acceptance, (2) acceptance subject to improvement or (3) rejection of any offer of dedication of real property for any other public purposes, which the Board has authorized the Director DPW to (1) accept, (2) accept subject to improvement or (3) reject.
(b) Whenever (1) drainage easements, (2) flowage easements or (3) access to drainage facilities are dedicated to the County Flood Control District or to the County, the parcel map shall contain a certificate for execution by the Director DPW stating that the Director DPW acting on behalf of the Board of Directors of the County Flood Control District or on behalf of the Board has accepted the real property offered for dedication.
(Added by Ord. No. 6016 (N.S.), effective 5-7-81; amended by Ord. No. 9063 (N.S.), effective 8-13-99; amended by Ord. No. 10037 (N.S.), effective 3-26-10)
(a) When the subdivider submits the parcel map to the Director for approval the subdivider shall also provide a parcel map report from a qualified title insurance company. The report shall include a recorded map showing all easements that provide access to the property to be subdivided.
(b) After the Director determines that the boundary and survey procedure is technically correct as shown on the submitted parcel map, the subdivider shall provide the Director with a parcel map guarantee from a qualified title insurance company that includes a legal description of the property that conforms with the parcel map. The parcel map guarantee shall insure that the parties named in the guarantee are the only parties having any record title interest in the land subdivided and that all record easements upon the property are included therein. The easements shall be shown on the parcel map as required by the Director, with concurrence from the Director DPW, for any public street, drainage or other public easements.
(c) Each parcel map submitted to the Director shall bear the following statement to provide information about the title company issuing the guarantee to be affixed to the map:
PARCEL MAP GUARANTEE FOR THIS
SUBDIVISION FURNISHED
BY ________.
ORDER NO. ________.
(d) The Director shall notify the title company furnishing the parcel map guarantee of the date the parcel map will be transmitted to the County Recorder at least 48 hours before the date the Director will transmit the map. In accordance with Government Code section 66465, the subdivider shall have the title company present written evidence to the County Recorder that at the time of the filing of the parcel map with the County Recorder, the information in the original guarantee is correct.
(Added by Ord. No. 6016 (N.S.), effective 5-7-81; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10529 (N.S.), effective 5-18-18)
This section establishes requirements that a subdivider shall fulfill as a condition of approval of a parcel map. Whenever this section provides that a subdivider shall agree to improve or agree to install an improvement the subdivider shall be required to enter into a written agreement with the County to perform the improvement or installation. No parcel map for a minor subdivision shall be approved until the subdivider:
(a) Improves or agrees to improve all rights-of-way which the subdivider offered for dedication for road purposes which the County accepted. The improvements shall be completed in accordance with San Diego County Standards.
(b) Installs or agrees to install all other required improvements and facilities in accordance with the requirements in section 81.404 except that the subdivider:
(1) Shall install or agree to install fire hydrants as provided in subsection (c).
(2) Shall install or agree to install street lighting as provided in subsection (f).
(3) Shall not be required to convert existing overhead utilities to underground utilities where no public road improvements are required. If new utility service to an on-site building is required, however, utility service shall be installed underground.
(c) Installs or agrees to install fire hydrants with an adequate water supply.
(1) In commercial and industrial zones fire hydrants shall have two, two and one-half inch ports and one, four-inch port with a six-inch barrel.
(2) In all other zones, fire hydrants shall have one, two and one-half inch port and one, four-inch port.
(3) The hydrants shall be installed at intervals not to exceed distances provided in subsections (4) and (5) below. The distance between hydrants shall be measured along a road which is traversable by mechanized fire fighting apparatus. The decision making body may waive or modify these requirements upon recommendation by the chief of the local fire district, or if there is no local fire district, by recommendation by the County fire official.
(4) In zones other than industrial, commercial and multi-family, fire hydrants shall be installed at the following intervals:
(A) Parcels two and one-half acres and larger: every 1,000 feet.
(B) Parcels at least one-half acre but less than two and one-half acres: every 500 feet.
(C) Parcels less than one-half acre: every 350 feet.
(5) In multi-family, commercial and industrial zones, fire hydrants shall be installed every 300 feet regardless of parcel size.
(d) Provides proof that the serving public water district will serve each lot in the subdivision with potable public water or a certification from the Director DEHQ that there is an adequate potable well water supply available to each lot.
(e) Extends to the land to be subdivided, public water supply facilities adequate to serve the subdivision when the project is located within a water district or the district's adopted sphere of influence and either: (1) the main lines of the existing public potable water supply are located within 500 feet of the subdivision boundary or (2) the subdivider has proposed the use of a public water supply to serve the subdivision.
(f) Installs or agrees to install street lighting, pursuant to San Diego County Standards, except that street lighting shall only be required when the Director DPW determines it is necessary for traffic safety.
(g) Provides proof that the serving public sewer district will serve each lot or parcel with public sewer.
(h) Grades and improves or agrees to 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 the section 7, "Design and Construction Guidelines," in the Community Trails Master Plan for the type of trail to be constructed. Pathway improvements shall be made in accordance with standards for pathways in the San Diego County Public Road Standards.
(Amended by Ord. No. 4799 (N.S.), effective 1-13-77; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 5758 (N.S.), effective 6-12-80; amended by Ord. No. 5963 (N.S.), effective 2-5-81; amended by Ord. No. 6016 (N.S.), effective 5-7-81; amended by Ord. No. 6710 (N.S.), effective 2-3-84; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 8690 (N.S.), effective 7-5-96; amended by Ord. No. 9063 (N.S.), effective 8-13-99; amended by Ord. No. 9701 (N.S.), effective 3-4-05; 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. 10709 (N.S.), effective 1-15-21)
(a) Whenever the subdivider is required to construct or install improvements as a condition of approval of a parcel map for a minor subdivision, the requirements for the construction or installation of the improvements shall be noticed on the parcel map. The subdivider, if allowed, shall also execute a covenant of improvement requirements, which shall specify all improvements the subdivider is required to construct or install and shall be recorded with the County Recorder.
(b) The Director may require the subdivider to enter into a written agreement to construct all or part of the required improvements and require the subdivider to post security to guarantee performance. In that case, the subdivider shall provide security that complies with section 81.408, except that the subdivider shall not be allowed to post security under section 81.408(a)(1) unless the amount of security for performance exceeds $25,000. The subdivider shall complete construction or installation of the improvements before the County issues any permit or other grant of approval for the development of the parcels being created by the subdivision. In the alternative, the subdivider and the Director may enter into an agreement for the subdivider to construct or install all improvements by a specified date.
(c) An agreement entered into between the subdivider and the Director to defer the completion of improvements until after the Director issues a building permit shall only be for road improvements. An agreement to defer improvements shall be subject to the following requirements:
(1) The agreement shall provide that the subdivider shall complete all road improvements and obtain approval from the Director DPW before the Director issues approval for the final building inspection for any building to be constructed, placed or erected on the property to be subdivided.
(2) The subdivider shall provide security for the agreement that complies with section 81.408.
(3) The subdivider shall enter into a separate right of entry agreement with the County that gives the County the right to enter the property during normal business hours to inspect the improvements. The right of entry agreement shall also provide that if the subdivider fails to complete the improvement as required the County shall have the right to enter and complete the improvements at the subdivider's expense.
(Added by Ord. No. 5023 (N.S.), effective 1-5-78; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 6552 (N.S.), effective 4-15-83; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10224 (N.S.), effective 10-25-12; amended by Ord. No. 10529 (N.S.), effective 5-18-18)
Where the subdivider agrees to construct or install improvements required as a condition of approval of a parcel map pursuant to section 81.707 the agreement shall provide that the subdivider shall complete the improvements within two years after the map is recorded. The Director DPW may extend the time for the subdivider to complete the improvements once, for up to an additional two years. The Director DPW, however, may not grant the subdivider an extension to complete the improvements if the subdivider has previously received a time extension or if the subdivider has substituted security for the security originally furnished. 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)
If as a condition of approval of a parcel map for a minor subdivision, the subdivider is required to enter into a written agreement to construct or install improvements pursuant to sections 81.707 and 81.708 and provide security as required in section 81.708 to guarantee completion of the improvements, the subdivider shall deposit the security with the Clerk of the Board. The subdivider shall also prepare and deposit with the Clerk of the Board detailed plans and specifications of the improvements to be constructed. The plans and specifications shall be made a part of any written agreement between the subdivider and the County and the improvement security.
(Amended by Ord. No. 5023 (N.S.), effective 1-5-78; amended by Ord. No. 5342 (N.S.), effective 2-8-79; amended by Ord. No. 5675 (N.S.), effective 1-17-80; amended by Ord. No. 7353 (N.S.), effective 9-11-87; amended by Ord. No. 10037 (N.S.), effective 3-26-10)
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