This Chapter establishes the general requirements for infrastructure improvements. It is intended to ensure the provision of adequate infrastructure for new development, expansion of existing uses, and replacement of previous uses of property, consistent with the General Plan.

The following requirements shall apply to all development, including all projects for which a building permit is required, unless otherwise exempted by this Title.

(a)

Obligation to Provide Public Improvements. All subdividers and developers shall grade and improve, or agree to grade and improve, all land dedicated or to be dedicated for public improvements. All improvements shall be designed and constructed to County specifications and standards for public works and shall conform to the approved Tentative Map or approved development project. The County may require the developer or subdivider to pay an in-lieu fee for the cost for off-site public improvements as part of a County construction contract. Unless otherwise specified, all public improvements must be dedicated to the public agency responsible for their maintenance and operation.

(b)

Minimum Requirements. The provisions of this Chapter are minimum requirements; the Director of Public Works shall determine whether the proposed improvements are adequate and appropriate for the site on which the project is, or is proposed to be, located and may condition approval on changes to them to conform to the standards of this Series.

(c)

Geographical Areas. The specific geographical area in which a development project is located shall provide the basis for determining the types of infrastructure that will be required. These geographical areas shall be those identified in the General Plan. In cases where boundary interpretations are required, the Zoning Administrator shall make these interpretations.

(d)

Infrastructure Service Provided by Non-County Agency or Special Districts.

(1)

Development Project Application Requirements. All applications for development projects or projects where services are required (e.g., Zoning Compliance Reviews, use permits, major and minor subdivisions, and other permits) shall include a written statement from each agency or special district stating that the agency or special district will serve the proposed development project and has, or will have, the capacity to provide such service at the time of development.

(2)

Building Permits. Building permits shall be issued only if the developer provides written confirmation from each agency or special district providing service that the agency or special district has authorized service to the project.

(e)

Completion of Improvements.

(1)

Major and Minor Subdivisions.

(A)

Improvements Prior to Approval of Map. The following improvements required by this Series shall be completed prior to approval of a Final Map or Parcel Map:

(i)

Where the subdivision requires a water system including new wells, the wells and water system shall be designed and included on the improvement plans submitted for review and approval. The new wells shall be constructed and tested for quality and quantity in a manner satisfactory to the Environmental Health Department and the Department of Public Works prior to acceptance by the maintaining agency or special district. The public water system shall comply with the requirements of Title 22 of the California Code of Regulations and the California Fire Code; and,

(ii)

The public water system shall comply with Chapters 9-602 and 9-603.

(iii)

All other improvements required by this Chapter, or as a condition of approval, shall be completed to the satisfaction of the responsible department or agency, or be included in a subdivision improvement agreement, per Subsection (i), prior to approval of a Final Map or a Parcel Map.

(B)

Improvements Prior to Issuance of a Building Permit. The following improvements shall be completed to the satisfaction of the responsible department, agency, or special district prior to the issuance of a building permit unless a deferred completion is allowed pursuant to a subdivision improvement agreement and a deferred participation agreement pursuant to paragraph (i), below:

(i)

Where served by a public water system, that system shall be operational and provide adequate water quantity and pressure for fire protection and shall comply with the requirements of Title 22 of the California Code of Regulations;

(i)

Roads and driveways shall be constructed to meet the minimum requirements of the California Fire Code, as adopted by the County, or County Improvement Standards, as applicable; and

(ii)

Drainage facilities shall be approved by the Department of Public Works.

(C)

Improvements Prior to Final Inspection. All other improvements required by this Chapter, or as a condition of approval, shall be completed to the satisfaction of the responsible department, agency, or special district prior to the issuance of a Certificate of Occupancy or approval of a final building inspection. Adjacent sidewalks and roadways also are subject to inspection for possible damage during construction and whether repairs have been made to County's standards.

(2)

Other Development Projects Requiring Building Permits or Public Improvement Plans.

(A)

Improvements Prior to Issuance of a Building Permit. Unless otherwise specified, the following improvements shall be completed to the satisfaction of the responsible department, agency, or special district prior to the issuance of a building permit unless a deferred completion is allowed pursuant to a subdivision improvement agreement and a deferred participation agreement pursuant to paragraph (i), below:

(i)

Where served by a public water system, that system shall be operational and provide adequate water quantity and pressure for fire protection and shall comply with the requirements of Title 22 of the California Code of Regulations;

(i)

Roads and driveways shall be constructed to meet the minimum requirements of the California Fire Code and the Department of Public Works, as applicable; and

(ii)

Drainage facilities shall be approved by the Department of Public Works.

(B)

Improvement Prior to Final Inspection. Unless otherwise specified, all improvements required by this Chapter, or as a condition of approval, shall be completed to the satisfaction of the responsible department, agency, or special district prior to the issuance of a Certificate of Occupancy or approval of a final building inspection.

(f)

Irrevocable Offer of Dedication for Access and Other Off-site Improvements. Applications for development projects shall be accepted only if the applicant provides, at applicant's cost for processing by the County, a dedication or an irrevocable offer of dedication from an adjacent or other property owner(s), if such a dedication or offer is deemed necessary by the Department of Public Works for access and for off-site improvements.

(g)

Public Improvement Plan Requirement for Wastewater Disposal, Water, or Drainage System. A Public Improvement Plan is required as part of an application for a development project that requires establishment of a new public wastewater disposal, water, or drainage system for the geographical areas to be ultimately served by such a system. The cost to prepare such an improvement plan may be included in an area of benefit if one is established for that system. If the development project is included in an existing Specific Plan, Special Purpose Plan, or Master Plan, the County may require that the Plan be updated or amended if the development project is proposing a significant change in the plan.

(h)

Expansion of System Improvements. The Planning Commission, the Director of Public Works, or the Zoning Administrator, whoever has permit approval authority, may require system improvements beyond those necessary for the proposed development project for the benefit of property not included in the development project when such improvements are deemed necessary for future development of an area, consistent with the General Plan. Upon completion and written acceptance of such improvements, they shall be deemed dedicated to the agency responsible for their maintenance and operation. The requirement for expanded system improvements shall be imposed in accordance with the provisions of Sections 66485 through 66489 of the Government Code. The criteria to be applied in determining whether expanded system improvements are to be required shall include, but are not limited to, the following:

(1)

Size, type, or location of the proposed development project;

(2)

Capacity of the existing system;

(3)

Undeveloped acreage within the service area of the County, the non-County agency, or special district;

(4)

Projected service demand within the service area of the County, the non-County agency, or special district; and

(5)

Future land uses within the service area of the agency as established by the General Plan.

An Area of Benefit, or other financing mechanism, may be established by the Board of Supervisors to reimburse the cost of the system improvements beyond those necessary for the proposed development.

(i)

Improvement Plans for Public Improvements. Public Improvement Plans prepared by a California-registered professional engineer are required for construction of any required public improvements. These plans shall consist of drawings, details, and specifications sufficient to describe the construction of the improvements and to bid the project for construction. Public Improvement Plans shall be submitted for review and approved by the agency providing the service prior to approval by the Department of Public Works. All Public Improvement Plans must be approved by the Director of Public Works prior to submitting any Final Map for acceptance by the County and prior to construction of any subdivision improvements or prior to issuance of any building permit for development on the site.

(j)

Guarantees Provided by Developers Relative to Improvements.

(1)

Subdivision Improvement Agreement. If any public or private improvements are required as a condition to the approval of a Final Map or Parcel Map, a subdivision improvement agreement shall be executed between the developer and the County guaranteeing construction of the improvements within a specified period.

(2)

Deferred Improvement Participation Agreement. If the Director of Public Works allows any required infrastructure improvements to be deferred, a deferred improvement participation agreement shall be executed between the developer and the County providing a guarantee or warranty of construction of these improvements.

(3)

Agreement Security. Any agreements to install public or private reflecting the approved improvement plans improvements shall be secured in accordance with the provisions of Section 66499 of the Subdivision Map Act. The amount of the security shall be based on a construction cost estimate prepared by the developer's engineer reflecting the approved improvement plans and approved by the Department of Public Works. Securities are intended to guarantee construction of approved improvements and not design of future improvements. Unit costs shall be determined by the Department of Public Works, based on costs for similar work on County Public Works projects. Security for improvements shall be provided as follows:

(A)

Faithful Performance Bonds. Where public and private improvements are required by the provisions of this Division, the subdivider shall provide a faithful performance bond guaranteeing the faithful performance of all work, excluding work to be performed by public utilities, in a sum equal to 100 percent of the estimated cost of such work as provided in Sections 66499 and 66499.1 of the Subdivision Map Act. The subdivider shall also guarantee labor and materials in an amount equal to 50 percent of the faithful performance bond as provided in Section 66499.3 of the Subdivision Map Act. This sum shall include any other fees that may be required by the Department of Public Works.

(B)

Bonds by Surety Companies. All tax bonds for special assessments as required by California Government Code Section 66493 and all faithful performance bonds referred to in this Section shall be furnished by a surety company authorized to write the same in the State of California and shall be subject to the approval and acceptance of the Board of Supervisors. The form and contents of the bond shall comply with the applicable provisions of Government Code Sections 66499.1 through 66499.5

(C)

Money or Securities. In lieu of any faithful performance bond or tax bond required by this Section, the subdivider may furnish security as defined in Government Code Section 66499, subject to approval of the Board of Supervisors.

(D)

Forfeiture or Failure to Complete. Upon the failure of a subdivider to complete any improvement within the time specified in an agreement or extension thereof, the Board of Supervisors may, as specified within the agreement, upon notice in writing of not less than 20 days served by registered mail, addressed to the last known address of the person, firm, or corporation signing such contract, determine that said improvement work or any part thereof is uncompleted and may cause to be forfeited to the County, the Flood Control District, or any other public agency or special district with ultimate responsibility for the improvements such portion of said sum of money or bonds given for the faithful performance of this work as may be necessary to complete such work.

(k)

Payment for Fees Related to Areas of Benefit. In the event that the Board of Supervisors has established an Area of Benefit, the subdivider or developer within the Area of Benefit shall pay to the County the proportionate share of the costs established under the Area of Benefit and an administrative fee as set forth in the Ordinance creating the Area of Benefit prior to the approval of any Final Map or Parcel Map, if applicable, or upon issuance of a certificate of occupancy or a final inspection, whichever occurs last, for any development project on the site.

Whenever the County requires a proposed development project to be served by an existing agency and the proposed development project lies outside of the service area of the agency and the agency requires the proposed development project be annexed before providing the required service, the annexation shall be completed prior to issuance of a building permit or approval of any Final Map or Parcel Map, whichever occurs first.

When the County has determined that a new district is needed to provide service or an existing district is to be expanded, the developer shall file an application or request the County to file, as applicable, for district formation with the Local Agency Formation Commission. The County shall not approve any development that requires the formation of additional districts where an existing Agency is already providing the service. In this context, new districts may include community facilities districts formed under the Mello-Roos Community Facilities Act and maintenance districts (assessment districts) formed under the 1911 Improvement Act by the Board of Supervisors.

(a)

County Service Area. The new district shall be formed prior to the approval of the Final Map or Parcel Map, or prior to the issuance of any building permit for a development project on the site.

(b)

Infrastructure Maintenance and Operation. The new district or the district expansion shall provide for the maintenance and operation of the infrastructure and shall include all the area proposed for the development project.

(c)

Expansion of Special Districts. When the County has determined that a district is to be expanded to provide service, the developer shall file an application or request the County to file, as applicable, for expansion of district powers with the Local Agency Formation Commission. The County shall not approve any development that requires the expansion of additional districts where an existing Agency is already providing the service.

(1)

The district expansion shall be completed prior to the approval of the Final Map or Parcel Map, or prior to the issuance of any building permit for other development projects.

(2)

The district expansion shall provide for the maintenance and operation of the infrastructure and shall include the entire development project.

The Board of Supervisors may establish an Area of Benefit and collect fees for:

(a)

The construction of water, sewer, or drainage facilities pursuant to Section 66483 of the Government Code;

(b)

The construction of bridges or major thoroughfares pursuant to Section 66484 of the Government Code; and

(c)

The construction of other improvements, including water facilities, deemed necessary by the County in accordance with the procedures specified in Section 66483 of the Government Code.

The fees shall include the cost of engineering and the cost of establishing the Area of Benefit in addition to the actual cost of facilities.

(a)

For those public facilities to be operated and maintained by a County agency or a County- administered special district, the County will not accept the responsibility of maintenance of public improvements until final completion and written acceptance of all items by the Director of Public Works.

(b)

For those public facilities to be operated and maintained by other public agencies, each respective agency must approve and accept the improvements it will operate and maintain.

Easements for facilities outside of public rights-of-way must be granted to the County when the County deems it necessary for proper operation and maintenance of the public facilities. The easements are to be deeded for the purpose of access, operation, repair, replacement, alteration, and maintenance and shall not interfere or conflict with other existing easements. All development projects that have publicly-owned easements must provide covenants running with the land stating that no buildings, fills, excavations, structures, fences, or other alterations will be constructed within the publicly-owned easement without the express written consent of the Director of Public Works.

Where it is necessary, as determined by the County, to extend improvements beyond the boundaries of the development project for adequate traffic, drainage, flood control, or water and sewer service needs, the developer shall be required to acquire and dedicate, or submit verification of the ability to acquire and dedicate, the necessary easement or right-of-way to accommodate such improvements prior to the approval of a development project application.

Fees for inspections or permits issued pursuant to this Chapter shall be set by resolution of the Board of Supervisors. Development impact fees and exactions established by this Title are due upon issuance of a certificate of occupancy or the final inspection, whichever occurs last. All fees and fines collected under the provisions of this Chapter shall be paid into the County Treasury, to the credit of the Environmental Health Department or the Department of Public Works, as appropriate.

The Director of the Community Development Department, or their designee shall be responsible for enforcement of this Chapter. Any violation of this Chapter shall constitute a public nuisance subject to enforcement under the provisions of Chapter 9-815, Enforcement, and Title 8, Division 5 of this Code, also known as the Housing and Nuisance Abatement Code.

Any appeal of a notice of violation shall first be filed with the issuing department within 30 days of notification of the violation. The procedure shall be as follows:

(a)

Upon receipt of a written appeal, the Director of Environmental Health or the Director of Public Works, as the case may be, shall schedule a hearing to attempt to resolve the matter within not less than days and not more than two days from the date of receipt of a written appeal.

(b)

Notice of the office hearing shall be sent to the appellant by registered or certified mail and to the property owner if different from the appellant, and anyone else who has requested in writing to receive such notice.

(c)

If the matter is resolved with a determination that a violation did occur or continues to occur, the cost of the hearing shall be added to the expenses incurred by the County in abating the nuisance and shall be billed to the owner as part of the Statement of Expense.

(d)

If the matter is not resolved at the hearing, the appellant may file a written appeal with the Clerk of the Board of Supervisors within 30 days of receipt of the written decision of the hearing official.

(e)

If the matter is appealed to the Board of Supervisors and the appeal results in a finding of a violation, the cost of the hearing before the Board of Supervisors will be added to the cost of abatement and included on the Statement of Expense.

(f)

If the property is not brought into compliance and no appeal to the Board of Supervisors has been filed within the time specified, the Environmental Health Department or Public Works Department shall submit a resolution to be placed on the consent calendar of the Board of Supervisors approving the Statement of Expense, which must then be paid by the owner.

This Chapter specifies the minimum regulations for the use of water wells.

(a)

Where Not Allowed. Private, on-site domestic water wells shall not be approved where public water systems are available.

(b)

Well Permit Required. A Well Permit is required and must be approved by the Director of the Environmental Health prior to digging, drilling, boring, driving, repairing, or destroying any well; or repairing, replacing, installing, or sealing a pump for use on any well. The permit is required whether the well is to be used for domestic, irrigation, testing, geophysical, seismic, subsurface boring, monitoring, injection, extraction, vapor probe, cathodic protection, or other purposes. A permit is not necessary to replace or repair equipment if the sanitary seal is not broken.

(1)

Requirements for Application. Applications for Well Permits must be initiated by a well driller licensed by the State of California. Applications shall be filed with the Environmental Health Department. A request for a Well Permit shall include a site plan which clearly delineates the location and characteristics of the proposed use.

(A)

Review Procedures. Well Permit applications shall be reviewed by the Director of the Environmental Health Department. A pre-application Conferences is not required, and the time limit for approval shall be one year

(2)

Filing Deadline. The application shall be filed and accepted as complete at least 48 hours prior to commencing on-site work.

(3)

Conditions for Development. A Well Permit shall be approved by the Director of the Environmental Health only if the following conditions are met:

(A)

The proposed well shall not be offensive, dangerous, or injurious to health, or create a nuisance;

(B)

The proposed well complies in all respects to the standards of the Environmental Health Department for the construction of wells; and

(C)

Upon completion of the well, the applicant or the Well Contractor shall file a copy of a Well Drillers Report with the Environmental Health Department.

(c)

Inspection of Permitted Work. The well site, location, material, and methods used may be inspected by the Director of Environmental Health at any time prior to or during construction or destruction of any well. The Director of Environmental Health shall be informed when the work is completed and, thereafter shall make a final inspection. Work done under a water well permit shall not be covered, concealed, or put into use until it has been inspected and approved by the Director of Environmental Health.

(d)

Changes May Be Ordered. The Director of Environmental Health may order changes in the location of water wells and in the methods, means, and manner of constructing water wells to eliminate a risk to the health of human beings or animals or a detriment to groundwater sources. The Director of Environmental Health shall designate the time within which such changes are to be made.

(e)

Special Permits. The Director of Environmental Health may approve Special Permits for a specific time when the requirements of this Chapter are found to be impracticable or unnecessary. In approving an Special Permit, the Director of Environmental Health shall prescribe all conditions necessary to protect the public health.

(f)

Emergency Repairs. In the event of an emergency, as evidenced by lack of water, repairs may proceed without a permit. Emergency repairs include the construction of a new well, or the repair, deepening, or replacement of a well or pump. All work done under emergency conditions shall comply with the standards adopted pursuant to this Chapter. In all such cases, the owner or contractor must file a statement that this was an emergency repair and the reason for the repair. Application for emergency repairs must be made within 48 hours after such repairs are begun, excluding weekends and holidays.

All wells are subject to the following regulations:

(a)

Sanitary Seal. All wells shall have a sanitary seal.

(b)

Concrete Platform or Slab. All wells, except cathodic protection wells, shall have a concrete platform or slab constructed to prevent the entrance of surface water from any source into the well or the underground water source.

(c)

Disinfection. After the construction or repair of all water wells and prior to the use of the well, the well and all appurtenances thereto shall be adequately disinfected.

(d)

Grout Seal. All water wells shall have a grout seal in the annular space.

(e)

Abandonment of Wells. Upon determination that any well is abandoned as provided in the rules and regulations adopted pursuant to this Chapter, that well must be destroyed in the manner prescribed so that entrance of degraded or contaminated water into usable aquifers, or creation of a safety hazard, are minimized.

(f)

Destruction of Wells. The Director of Environmental Health is authorized, after reasonable efforts to eliminate pollution, contamination, or a safety hazard, to enforce the permanent abandonment by destruction of any well that is polluted, contaminated, or is so located as to become polluted or contaminated or is a safety hazard. The Director of Environmental Health also is authorized to destroy any such well and to recover the cost of the destruction from the owner of the property on which the well is located.

(g)

Out-of-Service Wells. If the owner intends to cease use of a well for six months or more, the owner shall inform the Director of Environmental Health. Such a well shall be protected from any source of contamination while the well is temporarily out of service. The owner shall continue to maintain such a well as required by this Chapter.

(h)

Required Notice for Dewatering Wells. The Director of Environmental Health shall be notified prior to installing dewatering wells in areas of known contamination. The Director of Environmental Health shall be notified immediately of areas where contamination is encountered and cease operation until clearance from the Director of Environmental Health is obtained.

(i)

Compliance with Standards. The Board of Supervisors shall adopt uniform standards for the construction, installation, alteration, and modification of the facilities subject to this Chapter based on investigation, inspection, and tests and accepted standards. These standards may be amended as necessary by the Board of Supervisors. The standards shall not conflict with the requirements of this Title or the laws of the State of California. All well facilities shall be constructed or modified only if they comply with the adopted standards.

(j)

Areas of Poor Water Quality. In all areas of the County where poor quality water could infiltrate good quality groundwater due to well construction, special requirements will be set to protect the good quality water. These areas of water quality problems shall be identified by the Director of Environmental Health based on the best available information and adopted pursuant to Section 9-603.020.

(k)

Prohibitions. The following uses are hereby prohibited.

(1)

Well Pits. The construction, use, or installation of well pits.

(2)

Separate Wells. The provision of water to a residence from an off-site private, domestic water well located on a separate recorded parcel.

It shall be unlawful to maintain or use any residence, place of business, or other building or place where persons reside, congregate, or are employed which is not provided with a means for the disposal of wastewater that complies with the requirements of this Chapter and the standards relating to wastewater disposal established by the Director of Environmental Health.

This Chapter specifies the requirements for water systems in both new and existing development. The following requirements apply to all development requiring facilities and services for water supply, unless otherwise specified in this Title.

(a)

Compliance with Environmental Health Department and Agency Requirements. When connection to a public water system is not required by the County, the water system shall comply with the requirements of the Environmental Health Department.

(b)

Approval by Other Agencies for Public Water Systems. For development projects requiring a public water system, the water system shall meet the requirements of the County Fire Warden, the Environmental Health Department, the Public Works Department, and the public agency or district providing the service.

(a)

Standards. The standards for water systems are as follows:

(1)

Minimum Requirements. Any development project shall, at a minimum, provide a water system meeting the requirements of Title 22 of the California Code of Regulations and the well standards in Chapter 9-601, Water Well and Well Drilling Regulations, if applicable, or the standards of the agency that will operate and maintain the public water system.

(2)

Quantity of Water Required. Sufficient water shall be always available from the water sources and distribution reservoirs to supply adequately, dependably, and safely the total requirements of all users under maximum demand conditions, including water for domestic and fire protection purposes. The water system must be able to maintain a minimum pressure of 20 pounds per square inch (psi) at all water service connections in the system under all conditions and at all times.

(3)

Individual Wells. For development where individual wells are an acceptable water system, at least one test well shall be developed and tested for quality and quantity prior to issuance of a building permit.

(A)

Where topography, geological conditions, site specific conditions, or information from existing wells is unavailable, the Environmental Health Department may require additional test wells. The Environmental Health Department also may require a test well on each lot.

(B)

Test wells shall be pumped in a manner satisfactory to the Environmental Health Department and shall produce for a single-family residence a minimum of five gallons per minute if tested during the period from January 1 through June 30 or a minimum of three gallons per minute if tested during the period from July 1 through December 31. Wells to serve other uses shall produce a minimum of the design source capacity.

(C)

The requirements for test wells may be waived by the Environmental Health Department if sufficient well information has been developed for the site or the surrounding area to assure adequate potable water.

(4)

Wells as part of a Public Water System. Where a public water system for a subdivision is proposed to include new wells, results from test wells shall be submitted to the Public Works and the Environmental Health Departments. The new wells and water system shall be designed and included on the improvement plans. The improvement plans containing the public water system are required to be approved prior to approval of the Final or Parcel Map. The new wells shall be constructed and tested for quality and quantity in a manner satisfactory to the Environmental Health and Public Works Departments prior to acceptance by the maintaining agency or special district. Water quality shall meet drinking water standards of the State of California and be acceptable to the Environmental Health and Public Works Departments. If necessary to meet the water quality standards, additional treatment facilities shall be constructed and be operational prior to putting the well into service.

(b)

Areas Not Served by Public Water System. In areas not served by a public water system, any commercial or industrial development proposed on an existing lot shall require an Administrative Use Permit or, if required by the zone for a specific use, a Conditional Use Permit.

(c)

Existing Private Water Wells. Upon connection to a public water system, any existing on-site water well(s) shall be destroyed, or an approved backflow prevention device shall be installed at the service connection, in accordance with the regulations of the Environmental Health and Public Works Departments.

(d)

Extension of Water Main. When the Director of Public Works or the serving agency determines that extension of a water main through a project or along a project parcel frontage is necessary for the orderly provision of water service to an area, the developer shall extend the water main in accordance with agency design standards.

(e)

Capacity of Existing Water System. If an existing water system is required to serve the development project but does not have capacity to serve a development project, the developer shall provide for additional capacity either by constructing off-site water system facilities or contributing funds to the serving agency for system expansion. The serving agency shall determine which option is appropriate.

(f)

Development Projects Using Existing Structures. Development projects using existing structures and adding no new structures shall be served by a public water system if there is an existing water main within 200 feet of the nearest property line. Otherwise, an existing on-site water system may be used, subject to the approval of the Environmental Health Department.

Within urban communities identified in the General Plan, required public water systems shall be provided by an existing public agency or district or, where there is no public agency or district providing water in the community, by a new agency or district. For Rural Residential uses within urban communities, individual private wells may be permitted, subject to the approval of the Environmental Health Department, provided the lots are two acres or larger; no public water system exists; and groundwater is of a sufficient quantity and quality, as determined by the Environmental Health Department.

(a)

Subdivisions With Parcels Less Than Two Acres. Subdivisions with parcels less than two acres shall be served by a public water system.

(b)

Subdivisions With Parcels Two Acres or Larger. Subdivisions with parcels two acres or larger shall be served by a public water system, except for Rural Residential subdivisions if there is no public water system within 700 feet, the Rural Residential subdivision may be approved with an on-site well system, subject to the approval of the Environmental Health Department.

(c)

Development Projects on Existing Parcels. Development projects on existing parcels shall be served by a public water system. Exceptions for parcels over two acres in size may be granted, subject to the approval of the Environmental Health Department. No reduction in size shall be allowed for parcels served by public drainage or sewer systems.

Unless otherwise provided in Sections 9-602.050 through 9-604.080, within rural communities water supply shall be provided as follows:

(a)

Development Projects and Subdivisions. Development projects shall be served by a public water system with the following exceptions:

(1)

Lots Two Acres or Larger. If there is no public water system within 200 feet, an on-site well system may be used subject to the provisions of Section 9-602.020.

(2)

Lots Less Than Two Acres. If the Director of Public Works determines that the existing system has no capacity, the parcel cannot be annexed to an existing water district, or an existing water main is not within 200 feet, the development project may use an on-site well subject to the provisions of Section 9-602.020.

(a)

I-L, I-P, and I-G Industrial Zones Development within the Limited Industrial (I-L), Industrial Park (I-P), and General Industrial (I-G) zones outside of urban communities shall be served by a public water system planned to serve the entire industrial area unless the Environmental Health Department approves use of an existing on-site water system pursuant to Section 9-602.010.

(b)

Warehouse and Truck Terminal Zones. Development within the Warehouse (I-W) and Truck Terminal (I-T) zones may utilize an on-site well system.

(c)

Freeway Service Commercial Zone. Development projects within a Freeway Service Commercial (C-FS) zone shall be served by a public water system planned to serve at least each side of the freeway service area.

(d)

Commercial Recreation Zone. Development projects within a Commercial Recreation (C-R) zone outside of urban communities shall be served by a public water system.

Development projects within agricultural zones may use an on-site well system subject to the provisions of Section 9-601.020.

(a)

Existing buildings. Subdivision of parcels with existing primary buildings on each new lot shall not be required to meet the water supply requirements specified in this Chapter.

(b)

Remainder Parcels. Undeveloped, designated remainder parcels created under the provisions of this section shall meet the requirements of this Chapter prior to any grant of approval for a development project or issuance of a building permit on the remainder parcel.

For existing lots in antiquated subdivisions, service by a public water system is required for issuance of a building permit for new residences on parcels less than two acres in size. An on-site water system may be acceptable for lots two acres and larger, subject to the general requirements of Section 9-602.020.

This Chapter prohibits the discharge of wastes into the surface and ground waters of the County, consistent with water quality objectives, to reduce the adverse cumulative effect or possible adverse cumulative effect which may result from the discharge of wastes and ensure that no nuisances are created. These regulations are enacted pursuant to the Porter-Cologne Water Quality Control Act, Division 7, Chapter 1, Section 13002 (a) and (b) and include conditions, restrictions, or limitations for the disposal of waste or any other activity that might degrade the quality of the waters of the State. This is done for the following reasons:

(a)

Public Interest. It is in the best public interest of the citizens of the County to provide and be provided with the best quality of water possible;

(b)

Environmental Quality. The quality of water affects the quality of the environment as well as its economic value;

(c)

Beneficial Uses. The surface waters and ground waters of the County provide beneficial uses that include, but are not necessarily limited to, domestic, municipal, agricultural, and industrial supply; power generation; recreation; aesthetic enjoyment; navigation; and preservation and enhancement of fish, wildlife, and other aquatic resources or preserves; and

(d)

Welfare. It is the responsibility of the Environmental Health Department to preserve and protect water quality for the health and welfare of the citizens of the County.

(a)

Discharge Adjacent to Waterway. It shall be unlawful to dump or discharge any treated or untreated waste within 150 feet of the high-water mark of any watercourse or impoundment for either natural or unnatural surface water or at any other location where the discharge may be detrimental to the surface or ground waters of the County. All wastewater discharges shall meet the discharge standards set by the State Regional Water Quality Control Board (RWQCB) and the requirements contained in this Chapter.

(b)

Compliance with Standards Required. The Board of Supervisors shall adopt and may from time to time amend standards for implementation of this Chapter. Such standards shall not conflict with this Title or with the laws of the State of California. The standards shall be adopted only after the Board has considered the matter at a public hearing at which all interested persons have been afforded the opportunity to urge or oppose adoption of the proposed standards. This Chapter and these standards shall not be a limitation on the power of any city or political subdivision to develop and/or enforce laws and/or standards that are equal to, or more restrictive than, the County's standards.

(a)

Violation of the provisions of this Chapter shall constitute a public nuisance and, if not made to conform, shall be subject to the enforcement procedures outlined in Chapter 9-805, except that the Director of Environmental Health shall be responsible for enforcement.

(b)

The Director of Environmental Health shall have authority to review discharge requirements set by the State Regional Water Quality Control Board (RWQCB) and impose more restrictive discharge requirements not in conflict with RWQCB regulations.

(c)

When determined to be necessary, the Director of Environmental Health shall notify owners of wells on properties adjacent to property containing a well on an adjacent property has been identified as containing contaminants above the maximums set in California drinking water standards.

This Chapter specifies the requirements for wastewater treatment and disposal for development projects. The following requirements for wastewater disposal apply to development, unless otherwise specified in this Title:

(a)

Compliance with Environmental Health Department and Agency Requirements. Public wastewater treatment and disposal systems shall comply with the requirements of the Public Works and Environmental Health Departments and the agency or district providing wastewater treatment and disposal services. Private on-site wastewater disposal shall comply with the requirements in Chapter 9-605, Private On-Site Wastewater Disposal Facilities.

(b)

Wastewater Service by District or Agency. Development projects requiring wastewater service by a public agency or district shall be served by a public wastewater treatment and disposal system.

(c)

Written Confirmation for Building Permits. Applications for building permits shall include written confirmation that the development project meets the requirements of this Chapter. For public systems, this confirmation shall be given by the agency or district providing the services to the Environmental Health Department

(d)

Suitability of an Area for Septic Tank Usage. The suitability of an area proposed for septic tank usage shall be determined prior to submission of a General Plan Amendment or Zone Reclassification application, the approval of a Parcel Map or Final Map, or the issuance of a building permit for development on the site. The suitability shall be determined by the Environmental Health Department based on the following criteria:

(1)

The intensity and extent of the existing and the proposed development project's use of septic tanks on the site, identified in a Nitrate Loading Study or other documentation;

(2)

The suitability of the soil for utilizing septic systems, including percolation rates and soil profiles;

(3)

The depth and gradient of the water table;

(4)

The history of past uses in the project area to assess potential problems;

(5)

Other information as required by the Environmental Health Department to determine the cumulative effect of the existing and the proposed development project on groundwater contamination; and

In non-agricultural zones, septic systems will only be considered for lots two acres or more in size, except in areas zoned Rural Residential, where lots one acre or more in size will be considered if served by a public water system and public storm drainage system.

(e)

Mandatory Connection within Two Hundred Feet. Any expansion of an existing use on an existing lot shall require the project to be served by a public wastewater disposal system if:

(1)

The expanded use generates additional wastewater; and

(2)

The sewer main is within 200 feet of the nearest building.

(3)

Exceptions may be granted if the project site meets the requirement for on-site wastewater disposal and:

(A)

The Director of Public Works determines that the existing public wastewater disposal system has no capacity to accommodate additional sewage; or

(B)

The site cannot be annexed to the existing sewer district at a reasonable cost and no health hazard would be posed by allowing on-site disposal in an area judged by the Director of Environmental Health to be suitable for septic tank use.

(f)

Extension of Sewer Main. When the Director of Public Works determines that extension of the sewer main through a project or along a project parcel frontage is necessary for the orderly provision of wastewater disposal service to an area, the developer shall extend the sewer main in accordance with the serving agency's design standards.

(g)

Capacity of Existing Wastewater Disposal System. If the existing wastewater treatment and disposal system is required to serve a development project but does not have capacity to serve a development project, the developer shall provide for additional capacity either by constructing off-site wastewater treatment and disposal system facilities or contributing funds to the serving agency for system expansion. The serving agency shall determine which option is appropriate. The existing wastewater treatment and disposal system shall have the capacity to serve the development project prior to the certificate of occupancy or final permitting, as determined by the agency or special district providing the service.

(h)

Development Projects Using Existing Structures. Development projects using existing structures only and adding no new structures shall be served by a public wastewater disposal system if there is an existing sewer main within 200 feet of the nearest property line unless the Director of Public Works grants an exception pursuant to Section 9-604.010 (e) above. Otherwise, on-site wastewater disposal may be utilized subject to the provisions of this section.

(i)

Community Sewage Treatment Systems. For community sewage treatment systems, the average dry weather daily sewage flow quantity for residential developments, which is used to design the system, shall be based on the maximum number of allowable dwelling units per the General Plan designation, including accessory dwelling units, and additions. This number may be reduced subject to recorded deed restrictions.

Within urban communities identified in the General Plan, required public wastewater disposal systems shall be provided by an existing public agency or district or, where there is no public agency providing wastewater disposal services in the community, by a new agency or district.

(a)

Development Projects. Development projects within urban communities shall be served by a public wastewater disposal system, except within the following General Plan map designations on-site wastewater treatment and disposal may be used subject to the provisions of Section 9-601.020: Rural Residential (R-R), Commercial (C-N, C-C, C-O, and C-G) adjacent to Rural Residential (R-R), and Warehouse Industrial (I-W) zones.

(b)

Development Projects on Existing Vacant Parcels. Development projects on existing vacant parcels shall be served by a public wastewater disposal system. Exceptions for parcels over two acres in size and parcels less than two acres in size, where the waste discharge will be limited to domestic waste only, may be granted subject to the general requirements of Section 9-604.010.

Within rural communities identified in the General Plan, wastewater treatment and disposal may be provided on-site, subject to the general requirements of Section 9-604.010. Otherwise, the development project must be served by a public wastewater disposal system.

(a)

I-L, I-P, and I-G Industrial Zones. All development must comply with Section 9-604.010. In addition, as required by the General Plan, development projects in the Limited Industrial (I-L), Industrial Park (I-P), and General Industrial (I-G) zones outside of urban communities or on land rezoned to these zones on or after December 29, 2022, the effective date of the ordinance codified in this Title, shall be served by a public wastewater disposal system planned to serve the entire industrial area. The Environmental Health Department may authorize use of on-site wastewater disposal subject to the general requirements of Section 9-604.010 upon finding that an on-site wastewater treatment and disposal system would meet the State Water Resources Control Board On-site Wastewater Treatment System Policy and the Board-approved Local Agency Management Plan.

(b)

Warehouse and Truck Terminal Zones. Development projects within Warehouse (I-W) and Truck Terminal (I-T) zones may utilize on-site wastewater disposal subject to the general requirements of Section 9-604.010. Otherwise, the development project shall be served by a public wastewater disposal system.

(c)

Freeway Service Commercial Zone. Development projects within a Freeway Service Commercial (C-FS) Zone shall be served by a public wastewater disposal system planned to serve at least each side of the freeway service area.

(d)

Commercial Recreation Zone. Development projects within a Commercial Recreation (C-R) zone that is outside of urban communities shall be served by a public wastewater disposal system planned to serve the entire C-R zone.

Development projects within the General Agriculture (AG), Limited Agriculture (AL), and Agriculture-Urban Reserve (AU) zones may be served by on-site wastewater treatment and disposal systems subject to the general requirements of Section 9-604.010.

(a)

Existing Buildings. Subdivision of parcels with existing County-approved buildings on each new lot are required to meet the general requirements in Section 9-604.010.

(b)

Remainder Parcels. Undeveloped, designated remainder parcels shall meet the requirements of this Chapter prior to any grant of approval for a development project or issuance of a building permit on the remainder parcel.

For existing lots in antiquated subdivisions, service by a public wastewater disposal system shall be required for new residences, except that on-site wastewater disposal may be utilized, subject to the general requirements of Section 9-604.010, for lots of two acres or more or for lots of one acre or more when served by a public water system.

When a new district is formed or services within an existing district are expanded to include wastewater treatment and a wastewater treatment plant is required, the plant shall be capable of expanding to serve the entire urban or rural community; the entire freeway service area on at least one side of the freeway; or the entire commercial recreation area as designated on the General Plan.

This Chapter specifies the requirements for use of private, on-site wastewater disposal facilities.

(a)

Where Not Allowed. Private, on-site wastewater disposal facilities shall not be approved where public wastewater collection and disposal are required; see Chapter 9-604.

(b)

Sanitation Permit Required. No person shall construct, add to, modify, or alter any vaulted privy, septic tank, wastewater disposal system, other pipe or conduit, or other means for the disposal, treatment, or discharge of wastewater without first securing a Sanitation Permit from the Director of Environmental Health.

(c)

Procedure to Obtain a Sanitation Permits.

(1)

Filing an Application. Applications for Sanitation Permits may be initiated by filing a request for a permit with the Environmental Health Department, accompanied by a site plan that clearly delineates the location and characteristics of the proposed use and the required fee.

(2)

Review Procedures. Sanitation Permit applications shall be reviewed by the Director of Environmental Health. No pre-application conference is required. The time limit for approvals is one year.

(3)

Development Requirements. The Director of Environmental Health shall approve a Sanitation Permit upon finding that the proposed on-site disposal facility:

(A)

Will not permit the escape of any unpleasant or noxious odors, vapors, or gases;

(B)

Will not permit the ingress and egress of flies, other insects, rodents, or animals;

(C)

Will not permit the discharge of wastewater or the discharge or drainage of effluent from the wastewater disposal system to empty, flow, seep, drain, condense into, or otherwise pollute any watercourse, or other waters used, or which may be used or suitable for use for domestic, recreational, or agricultural purposes;

(D)

Will not be offensive, dangerous, or injurious to health, or create a nuisance; and

(E)

Will conform in all respects to the standards of the Environmental Health Department for the disposal, treatment, or discharge of sewage.

(d)

Inspection of Permitted Work. Work done under a Sanitation Permit shall not be covered, concealed, or put into use until it has been inspected and approved by the Director of Environmental Health.

(e)

Changes May Be Ordered. The Director of Environmental Health may order changes to any existing system, method, means, manner, or place for the disposal, treatment, or discharge of sewage to eliminate a risk to the health of human beings or animals. The Director shall designate the time within which such changes are to be made.

(f)

Special Permits. The Director of Environmental Health may approve a SpecialPermit for a specific time when the requirements of this Chapter are found to be impracticable or unnecessary. In approving an Interim Permit, the Director of Environmental Health may prescribe conditions necessary to protect the public health.

(a)

Compliance with Standards Required. The Board of Supervisors shall adopt uniform standards for the construction, installation, alteration, modification, and dimensions of private on-site wastewater disposal facilities based on investigation, inspection, and tests or accepted sanitation standards. These standards may be amended as necessary by the Board. They shall not conflict with the requirements of this Title or the laws of the State of California. All private, on-site wastewater disposal facilities, including septic tanks, wastewater treatment plants, and vaulted privies, may be constructed or modified only if they comply with the adopted standards.

(b)

Operators of Plants. Operators of wastewater treatment plants must possess a current State wastewater treatment plant operator's certificate or license.

(a)

Prohibited Uses. The drilling, constructing, using, maintaining, or operating of sewer wells, pit privies, and cesspools are hereby declared to be public nuisances and are prohibited.

(b)

Prohibited Discharges. Owners or those who maintain private on-site wastewater disposal facilities shall prohibit any of the following to flow or enter a disposal system:

(1)

Automobile and Garage Waste. Wastewater from automobile washing or garage floors;

(2)

Storm Drainage. Roof drainage or drainage waste resulting from natural runoff or irrigation;

(3)

Solvents and Toxics. Gasoline, cleaning solvents, paints, thinners, oils, or greases other than normal residential kitchen wastes;

(4)

Solids. Cloth, rope, metals, and solids of any kind;

(5)

Garbage. Garbage and similar waste material except when processed by approved garbage disposal units;

(6)

Kitchen Wastewater. Wastewater from any restaurant, bar, or other kitchen where food is prepared for public consumption unless first directed through an approved grease trap, as required by the Uniform Plumbing Code;

(7)

Air Conditioners. Waste drainage from water cooled refrigeration air conditioning;

(8)

Hazardous Wastes. Waste from hazardous materials;

(9)

Backwash. Backwash from water softeners, iron filters, and swimming pools; and

(10)

Truck Terminal Wastes. Oil, grease, grit, and miscellaneous waste from operation of truck terminal, including wash-water from trucks and garage floors.

Septic tanks, chemical toilets, cesspools, or sewage seepage pits shall be pumped only by licensed septic tank pumpers as specified in the Health and Safety Code. All septic pumpers shall file with the health officer, or his/her duly authorized representative, by the 12th day of the following month a report on forms approved by the Environmental Health Department showing each premises where septic tanks, chemical toilets, cesspools, or sewage seepage pits are pumped, the gallonage pumped, and the location where cleanings are disposed. All effluent pumped from septic tanks shall be disposed of only at disposal sites approved by the Director of Environmental Health.

It shall be unlawful to maintain or use any residence, place of business, or other building or place where persons reside, congregate, or are employed that is not provided with a means for the disposal of wastewater which complies with the requirements of this Chapter and the standards relating to wastewater disposal established by the Director of Environmental Health.

The Director of the Environmental Health Department shall be responsible for enforcement of this chapter. Any violation of this Chapter shall constitute a public nuisance subject to enforcement under the provisions of Title 8, Division 5 of this Code, also known as the Housing and Nuisance Abatement Code.

Any appeal of a notice of violation shall first be filed with the Environmental Health Department within 30 days of notification of the violation. Upon receipt of a written appeal, the Director of Environmental Health shall designate a hearing official, which official shall schedule an office hearing to attempt to resolve the matter. The matter will be set for hearing not less than seven days and not more than 21 days from the date of receipt of a written appeal.

(a)

Notice of the office hearing shall be sent to the appellant by registered or certified mail. Notice shall be sent to the appellant, the owner if different from the appellant, and anyone else who has requested in writing to receive such notice.

(b)

If the matter is resolved with a determination that a violation did occur or continues to occur, the cost of the office hearing shall be added to the expenses incurred by the County in abating the nuisance and shall be billed to the owner as part of the Statement of Expense.

(c)

If the matter is not resolved at the office hearing, the appellant may file a written appeal to the Board of Supervisors. The written appeal must be filed with the Clerk of the Board of Supervisors within 30 days of receipt of the written decision of the hearing official.

(d)

The written decision shall advise that the owner has 30 days to bring the subject property into compliance or file a written appeal with the Board of Supervisors.

(e)

If the property is not brought into compliance and no appeal to the Board of Supervisors has been filed within the time specified, the Environmental Health Department shall submit a resolution to be placed on the consent calendar of the Board of Supervisors approving the Statement of Expense.

(f)

If the matter is appealed to the Board of Supervisors and the appeal results in a finding of a violation, the cost of the hearing before the Board of Supervisors will be added to the cost of abatement and included on the Statement of Expense.

This Chapter specifies requirements and standards for storm drainage in development projects. The following general requirements apply to all development, unless otherwise specified in this Title:

(a)

Drainage Facilities. All development shall provide drainage facilities within and downstream from the project site to carry storm water runoff both tributary to and originating within the development site. The tributary area upstream from the development shall be considered as being developed in accordance with the General Plan or applicable Specific Plan, even if undeveloped. Storm water runoff shall be conveyed into a terminal drain or may be retained in a retention basin on-site as provided by this Chapter.

(b)

Approval of Drainage Facilities by Public Works. The design of drainage facilities required by this Chapter shall be approved by the Director of Public Works prior to issuance of a building permit or approval of the Final Map or Parcel Map, whichever occurs first. Submission of the drainage plans for approval shall be the responsibility of the owner or developer of the site on which the development is proposed. All plans and drainage reports shall be prepared and signed by a California-registered civil engineer.

(c)

Drainage Facilities for Increased Runoff. Where a development will cause an increase in the storm water runoff, the developer shall provide drainage facilities to attenuate the flow rate and concentration of storm water discharged onto other properties to the pre-project condition. The design may consist of off-site drainage facilities to convey runoff to terminal drainage, or, if provided for in this Chapter, retention of runoff in ponds within the development site, or the use of detention basins to control the flowrate and areal concentration. The allowable discharge may be increased by the Director of Public Works when the developer can demonstrate in a drainage report that:

(1)

The increased discharge will not exceed the capacity of the downstream drainage facilities (all undeveloped land in the tributary watershed must be considered as being developed when determining the capacity of downstream drainage facilities); and

(2)

The proposed discharge will not increase the water surface elevation in upstream properties.

(d)

Design. Storm Drainage Facilities shall be designed in conformance with any Master Drainage Plan, Specific Plan, Special Purpose Plan, Master Plan, or area drainage plan adopted by the Board of Supervisors or approved by the Director of Public Works.

(e)

Discharge to Sanitary Sewer Prohibited. Disposal of surface and storm waters into sanitary sewer lines, leach lines, or seepage pits of individual sanitary sewage disposal systems is prohibited.

(f)

Watercourses and Flood Control Channels. If a development is affected by watercourses, channels, streams, or creeks for which the 100-year flood plain has not been established, the developer shall determine the 100-year flood plain limits and shall dedicate drainage easements conforming substantially with the flood plain limits plus such additional rights-of-way as shall be required by the Director of Public Works for access, structures, or channel changes.

(g)

Detention Basins and Retention Basins. If orderly and reasonable development of an area consistent with the General Plan or applicable Specific Plan requires detention of storm water, the developer shall provide facilities for detaining runoff in accordance with the County's Improvement Standards. Retention ponds not maintained by a public agency may only be used where allowed by this Chapter and shall be designed in accordance with the County's Improvement Standards.

(1)

Private retention storm drainage facilities shall be inspected on a complaint basis only to ensure that the drainage basin is being maintained as designed and approved. The property owner shall reimburse the County for all time, services, and materials needed to abate the violation, if it is determined from the inspection that the retention basin is out of compliance.

(2)

Private detention or retention basins that are found to be out of compliance shall be brought into conformance within 90 days. Failure to bring the on-site drainage improvements into compliance may result in revocation of any underlying use permit(s).

(h)

Drainage Report. Developers shall submit a drainage report for all development projects. This report must be submitted at the same time as the grading/drainage plan or subdivision improvements plans are submitted for plan check, whichever occurs first. Drainage reports shall be prepared by a California-registered civil engineer in accordance with the County's Improvement Standards.

(i)

Development Projects Using Existing Buildings. Development projects using existing buildings and not increasing runoff may be served by the existing drainage system except where modifications are needed to comply with the National Pollutant Discharge Elimination System requirements.

(j)

Capacity of Existing Drainage System. If an existing drainage system is required to serve a development project but does not have capacity to serve the development project, the developer shall provide for additional capacity either by constructing off-site drainage facilities or contributing funds to the serving agency or district for drainage system expansion. The serving agency or district shall determine which option is appropriate.

(k)

Drainage Flood Control Improvements. Where a development project or subdivision is subject to a flood hazard, the developer or subdivider shall provide such flood control works, drainage facilities, or other improvements sufficient to provide all structures or building sites, both existing and proposed within the subdivision, with 100-year flood protection.

(l)

Easements for Drainage and Flood Control. The developer or subdivider shall provide easements for all flood control and drainage facilities sufficient to encompass such facilities and to provide for their maintenance, operation, and improvement.

Within an urban community, development projects shall be served by an existing public agency or district providing drainage services as follows:

(a)

Subdivisions. Subdivision drainage facilities shall discharge into a terminal drain, except that an agency retention basin may be an acceptable alternative where permitted by a Master Plan, a Special Purpose Plan, or Specific Plan, or a private on-site retention basin may be allowed in Rural Residential zones if parcels are two acres or greater and:

(1)

There are no terminal drainage facilities on-site or within 200 feet; and

(2)

The site conditions of soil permeability and groundwater level allow a retention basin design to meet the County's Improvement Standards.

(3)

Subdividers shall provide a deposit to finance their proportionate share of the estimated cost of the storm drainage system.

(b)

Development Projects on Existing Lots. Development projects on existing lots shall discharge into a public terminal drain if one is within 200 feet of the nearest property line. If the existing parcel is not within 200 feet of such drain, a private on-site retention basin may be an allowed if parcels are two acres or greater, the site conditions of soil permeability and ground water level allow a retention basin to meet the County's Improvement Standards, and the tributary watershed area to the retention basin is less than 20 acres.

Subdivisions and development projects on existing vacant parcels in rural communities shall be served by a public drainage system or a private on-site retention basin as follows:

(a)

Subdivisions with Parcels Less than Two Acres. For subdivisions with any lots less than two acres in size, the subdivision shall be served by public drainage facilities that discharge into a terminal drain, except that a public agency retention basin may be allowed where there are no terminal drainage facilities within 1,000 feet.

(b)

Subdivisions with Parcels Two Acres and Larger. For subdivisions with all lots two acres or larger in size, the subdivision shall be served by an agency retention basin. Private on-site retention basins may be allowed where there are no terminal drainage facilities within 200 feet, and the site conditions of soil permeability and groundwater level allow a private retention basin design to meet the County's Improvement Standards.

(c)

Development Projects on Existing Vacant Lots. For development projects on existing vacant lots, the development project shall be served by a public drainage system that discharges into a terminal drain, except that a private on-site retention basin may be allowed on lots two acres or larger in size where:

(1)

There are no terminal drainage facilities within 200 feet, and;

(2)

The site conditions of soil permeability and groundwater level allow a retention basin design to meet the County's Improvement Standards.

(a)

I-L, I-P, and I-G Industrial Zones Development within the Limited Industrial (I-L), Industrial Park (I-P), and General Industrial (I-G) zones outside of urban communities shall be served by a public drainage system planned for the entire industrial area which discharges into a terminal drain.

(b)

Warehouse and Truck Terminal Zones. Development within Warehouse (I-W) and Truck Terminal (I-T) zones may be served by a private on-site retention basin if the following exist:

(1)

There are no terminal drainage facilities within 1,000 feet; and

(2)

The site conditions of soil permeability and groundwater level allow a retention basin design to meet the County's Improvement Standards. Otherwise, projects must meet the requirements of Section 9-606.040(a).

(c)

Freeway Service Commercial Zone. Development within Freeway Service Commercial (C-FS) zones outside of an urban community shall be served by a public drainage system planned for at least each side of the freeway that discharges into a terminal drain.

(d)

Commercial Recreation Zone. Development within a Commercial Recreation (C-R) Zone that are outside of urban communities shall be served by a public drainage system planned to serve the entire commercial recreation area.

Development projects within the General Agriculture (AG), Limited Agriculture (AL) and Agriculture-Urban Reserve (AU) zones may be served by private on-site retention basins.

(a)

Existing Buildings. A subdivision of lots with existing buildings on each proposed new parcel shall not be required to meet the drainage facility requirements specified in this Chapter.

(b)

Remainder Parcels. Undeveloped, designated remainder parcels created under the provisions of this Section shall meet the requirements of this Chapter prior to any grant of approval for a development project or issuance of a building permit on the remainder parcel.

For existing lots in antiquated subdivisions, drainage facilities may consist of a private on-site retention basin if there are no public drainage facilities within 200 feet of the lot and the site conditions of soil permeability and groundwater level allow a retention basin to meet the County's Improvement Standards.

Where a subdivision or development is required to discharge into a terminal drain and no terminal drainage facilities are available, the Director of Public Works may approve Deferred Storm Drainage Facility Agreements to ensure that subdividers and developers finance their proportionate share of the cost of the future storm system improvements.

This Chapter specifies the requirements for encroaching into County rights-of-way in order to do excavation, grading, and development-related construction.

No person shall dig holes, trenches, or ditches, make openings or excavations of any kind for any purpose, or perform grading of earth soil or other material on any street, highway, road, or other public place unless an encroachment permit has been granted by the Director of Public Works.

(a)

Director's Authority. The Director of Public Works has the sole authority to prescribe how much work shall be done, how the holes, trenches, ditches, and openings shall be filled or backfilled, when the work may be commenced, and when it may be finished.

(b)

Condition of Approval. Every permit granted pursuant to this Chapter shall be made on the condition that if the grantee fails, refuses, or neglects, within a reasonable time after written demand of the Director of Public Works, to complete the work or to restore the street, highway, road, or other public place to a condition equal to or better than its condition before the opening or excavation was made and to maintain the same in that condition, the Director of Public Works may do the work and furnish the material necessary, and all sums reasonably expended for these purposes shall be repaid to the County by the grantee.

(c)

Bond or Cash Deposit. If required by the Director of Public Works, no application shall be granted until the applicant has filed with the Department of Public Works a bond or cash deposit in a sum satisfactory to the Director guaranteeing that the street, highway, road, or other public place shall be restored to a condition equal to or better than its condition before the opening was made and shall be maintained in that condition during the period of construction. An applicant may file one bond or cash deposit to cover all work during a year, if desired, in an amount that the Director shall deem necessary to mitigate all potential damage.

(d)

Liability of County. Nothing in this Chapter shall be construed to enlarge the liability of the County for any excavation or work or for damages to the public or otherwise resulting therefrom, and every permit and bond issued under this Chapter shall provide that the County and its officers and employees shall be held harmless on account of any damage or injury to the public or otherwise resulting from the excavation or other work.

(e)

Permit Administration. Encroachment permits are required for the erection or construction of any public facility or structure or for alterations or moving of any existing public facilities or structures within the County right-of-way. They shall be applied for and secured from the Director of Public Works or at other offices that may be designated by the Director of Public Works for these purposes where employees or representatives of the Director of Public Works may be authorized to issue these permits. The Director of Public Works shall have the following powers and duties in administering and enforcing encroachment permits issued under this Chapter:

(1)

The issuance of permits for encroachments, including into driveways, watercourses, public rights-of-way, and other transportation facilities.

(2)

Enforcement of related State laws as well as this Chapter.

(3)

Keeping of accurate records.

(4)

The preparation and adoption of the forms, rules, and regulations that may be reasonably necessary for the proper enforcement of this Chapter, including requirements for the submission by applicants for permits of plans and specifications, informal or formal, that may be deemed necessary for the proper location and construction of the various types of drainage facilities.

(5)

The inspection of construction and operation of drainage facilities. For this purpose, the Director of Public Works shall have the power of a police officer, including the right of entry on private property, the right to stop construction operations, and the right to clear out or open the stoppage of any drainage facility if the stoppage is deemed contrary to this chapter and does or may endanger public health, safety, and the general welfare.

(6)

Other powers and duties, related to the foregoing, that may be reasonably necessary for the proper administration and enforcement of the provisions of this Chapter.

(f)

Notice to Remove Encroachment. If any encroachment exists in, under, or over any County highway, road, or land, the Director of Public Works may require the removal of the encroachment. Notice shall be given to the owner, occupant, person in possession of the encroachment, or any other person causing or allowing the encroachment to exist by serving on him/her a notice containing a demand for the immediate removal of the encroachment from within the highway. The notice shall describe the character and location of the encroachment with reasonable certainty. In lieu of service on the person, service of the notice may also be made by registered mail or by posting, for a period of five days, a copy of the notice to remove the encroachment in a manner that will not interfere with the use of the highway. In case the owner, occupant or person in possession is not present in the County, notice may be given to his/her agent in lieu of service by mailing or posting.

(g)

Removal of Encroachment. After providing notice to remove an encroachment, the Director of Public Works may immediately remove from any County highway or road any encroachment that:

(1)

Is not removed, or the removal of which is not commenced and thereafter diligently pursued, within five days after the service of the notice to remove the encroachment;

(2)

Obstructs or prevents the use of the highway or road by the public;

(3)

Consists of refuse; or

(4)

Is an advertising sign of any description unless the advertisement is a notice posted as required by law.

(h)

Recovery of Costs and Penalties for Encroachments Not Removed. The Director of Public Works may remove any encroachment on the failure of the owner to comply with the notice of demand of the Director of Public Works under the foregoing section and shall initiate an action to recover the expenses of the removal and the costs and expenses of the legal action per the Streets and Highways Code Section 1484 et. seq.

(i)

Abatement Action: Recovery of Penalty. If the owner, occupant, person in possession of the encroachment, the person causing or suffering the encroachment to exist, or the agent of any of them, disputes or denies the existence of the encroachment or refuses to remove or permit the removal of the encroachment, the Director of Public Works, in the name of the County, may commence, in any court of competent jurisdiction, an action to abate the encroachment as a public nuisance. If judgement is recovered by the Director of Public Works, the Director of Public Works may, in addition to having the encroachment adjudged a nuisance and abated, recover costs per the Streets and Highways Code Section 1484 et. seq. This remedy is cumulative and does not exclude punishment for the violation of this Chapter or as otherwise provided in this Title.

(j)

Disposition of Recovered Money. All money recovered under the provisions of this Chapter shall be paid into the Road Fund and shall be available to the Director of Public Works for highway purposes.

(k)

Procedures not Exclusive. Procedure provided in this section are not exclusive and shall not prohibit the Director of Public Works or other County officers and departments from exercising any other remedy provided by law to prevent damage to or protect any County highway or road or to collect the financial damages therefrom.

(l)

Violation: Penalties. In case of violations, the County make take appropriate action for the abatement, removal and restraint of any actions taken in violation of these provisions. Penalties shall be as specified in Chapter 9-814, with the correction period reduced to five days.

(m)

Liability of County. This Chapter shall not be construed to impose on the County any liability or responsibility for damage resulting from drainage obstruction related to an encroachment, nor shall the County or any County official or employee be held to assume any such liability or responsibility by reason of any inspection authorized under this section, by reason of any failure to make the inspection, or by the granting or denial of any encroachment permit.

(a)

Irrigation Drainage. Drainage of irrigation water onto any County highway or road by any means is prohibited.

(b)

Watercourse Modification. No person shall modify any natural watercourse to:

(1)

Prevent, impede, or restrict the natural flow of waters from any County highway or road into and through the watercourse, unless other adequate and proper drainage is provided;

(2)

Cause waters to be impounded within any County highway or road;

(3)

Cause an increase upstream and/or downstream water surface elevation; or

(4)

Cause interference with, or damage or hazard to, public travel.

(c)

Watercourse Creation. No person shall create or establish new watercourses adjacent to or across County highways or roads.

(d)

Water Storage. No person shall store or distribute water for any purpose to permit it to overflow onto, to saturate by seepage, or to obstruct any County highway or road.

(e)

Acts Requiring Permit. No person shall cause or permit the following without a permit issued by the Director of Public Works:

(1)

Maintain or, if already existing, continue to maintain any obstruction of any drainage facility lying partly or wholly within, across, under, or above any County highway or road.

(2)

Permit to be deposited in any drainage facility in any County highway or road any material or substance, including dirt, soil, weeds, trash, rocks, or any other substance that would alter or impede the drainage of water.

(3)

Alter, construct, obstruct, constrict, or enlarge any drainage facility within any County highway or road right-of-way by increasing or decreasing the amount, extent, nature, or direction of flow of water along any drainage facility.

(4)

Decrease or increase, enlarge or construct, heighten or deepen, or in any other fashion change the drainage facilities on private property or public property facilities on private property or public property adjacent to any drainage facility along or across any County highway or road to prevent the natural or ordinary drainage of waters along the highway or road or to place an extraordinary burden on the capacity of any drainage facilities along any County highway or road.

(a)

Driveway Encroachment Permit Required. It is unlawful to build or thereafter maintain any private or public driveway of ingress to or egress from land adjacent to a County highway or road without first having secured a driveway encroachment permit from the Director of Public Works.

(b)

Drainage Flow to be Maintained. In no case shall a permit for construction authorize the drainage facility along any County highway or road to be obstructed so as to impede the proper flow of drainage waters.

(c)

Standards for Driveway Construction. Unless otherwise specified in a driveway encroachment permit, driveways shall be constructed in accordance with the County's Improvement Standards. At a minimum, driveways shall be paved with asphalt concrete from the existing edge of pavement to the property line.

(d)

Gated Entries. Development project driveways with gated entries shall be designed such that the gate is setback a sufficient distance, as determined by the Director of Public Works, to allow at least one vehicle (passenger car, delivery truck, etc.) to queue on-site in front of the gate without extending into the right-of-way.

This Chapter specifies regulations and standards for roadway improvements for all development, including projects where no discretionary permits are required.

(a)

Design and Dedication. All roads shall be designed and constructed in accordance with the County's Improvement Standards and shall be offered for dedication as public roads unless the Director of Public Works approves or conditionally approves private roads serving or contained within the project. Private roads shall be designed and constructed to the County's Improvement Standards or the County's Fire Road Standards and the standards of this Chapter.

(b)

Access Required. All projects involving new non-agricultural structures or the expansion of existing non-agricultural structures by 25 percent or more shall have, at a minimum, legal access to a publicly-maintained road, by one of the following methods:

(1)

Direct frontage on a County, City, or State maintained road.

(2)

Access to a County, City, or State maintained road by way of a private right-of-way;

(3)

Access to a County, City, or State maintained road by means of a private right-of-way or easement approved as part of a major or minor subdivision and improved to the specifications of Sections 9-608.140 and 9-608.150; or

(4)

Frontage on a public or private road in an antiquated subdivision improved to the standards of Section 9-608.160.

(c)

Improvements Required. The project frontage shall meet the following requirements:

(1)

Frontage. The developer shall improve all existing and proposed roads that are a part of the development project or are required to serve the development project in accordance with the requirements of this Chapter. Projects estimated to generate 50 or more vehicles per day will be required to improve the frontage.

(2)

Extension of Frontage Improvements. Projects shall be required to extend frontage improvements on the project side of the County-maintained road that provides primary access to the site in accordance with the criteria of the Department of Public Works for such improvements.

(3)

Antiquated Subdivisions. For new, non-agricultural structures or projects that increase the floor area of existing non-agricultural structures by 25 percent or more all roads shall be improved as specified in Section 9-608.140.

(4)

Other Projects. Where the land to be subdivided is in an area designated in the General Plan as an urban or rural community or designated for commercial, industrial, or residential development by the General Plan, or is zoned AL-5, frontage improvements shall be required as specified in this Chapter or as recommended in a County-approved traffic analysis.

(5)

Payment Instead of Improvements. If any improvement to be performed is located on a portion of highway of which the County is planning to improve, the Director of Public Works may elect to improve the portion thereof otherwise required to be improved by the subdivider. In such event, the subdivider shall pay to the County, in full discharge of the subdivider's obligations for these improvements, a sum equal to the estimated cost to the County of undertaking and completing the improvement required. These improvements shall be done at the time the County improves the highway.

(d)

Alternative Design and Improvement Standards.

(1)

To enable subdivision designs that attempt to reduce the reliance of the residents on automobiles for daily errands and commuting and, as a result, have a beneficial effect on air quality and energy consumption and the overall quality of life of the residents in a particular development, the County may approve Tentative Maps that have a land use plan that facilitates non-vehicular trips and are planned for residents to use transit or other alternate modes to locations outside of the subdivision:

(A)

In order to reduce the speed of automobile traffic, streets widths may be narrowed, and centerline radii and curb radii at intersections may be reduced, when compared to the County's Improvement Standards and other provisions of this Title if traffic studies confirm to the satisfaction of the Director of Public Works that safety will not be compromised;

(B)

Trees shall be planted in such a manner as to buffer the pedestrians from the automobile traffic and to provide a "tree canopy" that will shade the pedestrians from the County's extreme summer climate;

(C)

The subdivision may incorporate privately-owned alleys in certain locations and locate garages behind houses where appropriate to improve the streetscape aesthetics, reduce vehicle speeds and traffic, and maximize the front yard areas;

(D)

Parks shall be located throughout the subdivision and shall be interconnected by a system of tree lined streets and bike and pedestrian paths;

(E)

The street system shall incorporate bike/pedestrian routes and paths; and

(F)

The street grid shall be designed in a manner that will provide pedestrians with quick, easy, and pleasant access to adjacent commercial land uses, parks, public transportation, day care centers, an elementary school, and public buildings.

(2)

If the Director of Public Works finds that a Tentative Map complies with paragraph (a) above and that maintenance of the proposed facilities can be ensured, then the Director may recommend that that the Planning Commission approve the Tentative Map, and any Final Map than shall be approved as being consistent with it.

(3)

Any request to deviate from the improvement standards in this Chapter or the County's Improvement Standards shall be processed as a waiver under Chapter 9-806. No waiver shall be required if the Director of Public Works determines that a particular street or landscaping design or improvement feature proposed on a Tentative Map or Final Map is in substantial compliance with the County's Improvement Standards and this Section.

(e)

Improvements that May be Waived or Deferred. The required improvements may be waived or deferred by the Director of Public Works where it is determined, based upon the General Plan land use designations, existing land uses in the vicinity, existing and projected needs for drainage and traffic control, or existing physical limitations, that such improvements are not necessary or may be deferred. When the Director of Public Works determines that the improvements may be deferred, the developer must execute a secured or non-secured Deferred Frontage and Roadway Improvement Agreement acceptable to the County. The option to require a secured agreement shall be at the sole discretion of the Director of Public Works.

The following roadway functional classifications and characteristics are to be used in conjunction with the Circulation Element of the General Plan and the County's Improvement Standards. The Director of Public Works may modify the required right-of-way width and lane configuration of a roadway as local conditions and planned land use warrant.

(a)

Freeways.

(1)

Description: Freeways are multi-lane divided highways with no direct access to abutting properties and which have grade separations at intersections. Interchanges are with freeways, expressways, arterials, or rural roads only. They serve as the primary type of intercity or community highway carrying traffic between communities.

(2)

Minimum right-of-way: 225 feet or as specified in a Specific Plan or Master Plan.

(3)

Design capacity: 74,000 to 148,000 vehicles per day.

(4)

Parking: On-street parking is prohibited.

(b)

Expressways.

1.

Description: Expressways are designed for high-speed intercommunity traffic with minimum interference to adjacent development. They may be a two lanes undivided roadway in a rural area, or a multi-lane divided roadway in an urban area Intersections are limited to freeways, expressway, major and minor arterials, and rural roads only.

(1)

Minimum right-of-way: 84 feet wide in rural areas and 110 to 202 feet wide in urban areas.

(2)

Design capacity: 74,000 to 148,000 vehicles per day.

(3)

Parking: On-street parking is prohibited.

(c)

Principal Arterials.

(1)

Description:Principal arterials are four to six lane divided roads with intersections at grade, and partial control of access. They serve as the highest type of facility carrying local traffic within urban communities and as a principal carrier of traffic between communities. Within urban communities, these roads provide access to shopping areas, places of employment, community centers, recreational areas, other places of assembly, and freeways. Between communities, they serve as principal access routes to places of employment, recreation areas, and freeways.

(2)

Minimum right-of-way: 110 feet.

(3)

Design capacity: 50,000 vehicles per day for a six-lane facility and 35,000 vehicles per day for a four-lane facility.

(4)

Access: Direct access to abutting principal arterials is prohibited from residentially zone land and may be allowed from commercially or industrially zoned land with approval of the Director of Public Works. The Director also may allow direct access from existing development for parcels with no other means of legal access to a public road.

(5)

Parking: On-street parking is prohibited.

(d)

Minor Arterials.

(1)

Description: Minor arterials are undivided two or four lane roads with intersections at grade, and partial control of access. They serve as a secondary facility carrying local through traffic within urban communities and providing access to shopping areas, employment centers, recreational areas, and places of assembly.

(2)

Minimum right-of-way: 84 feet.

(3)

Design capacity: 31,000 vehicles per day.

(4)

Access: Access from abutting commercial, industrial, and residentially-zoned land may be allowed with approval by the Director of Public Works if no alternative access from a local road is available.

(5)

Parking: On-street parking is allowed.

(e)

Collectors.

(1)

Description: Two lane undivided roads with intersections at grade. They provide principal access to local residential, commercial, and industrial roads and direct traffic to arterial and minor arterial roads.

(2)

Minimum right-of-way: 60 feet.

(3)

Design capacity: 14,000 vehicles per day with lower traffic volumes in residential neighborhoods.

(4)

Access: Collectors provide driveway access to adjacent parcels.

(5)

Parking: On-street parking is allowed.

(f)

Local Residential Road.

(1)

Description: Two lane undivided roads with intersections at grade and with frequent driveway access. They provide access to adjacent residential lots and feed traffic to collectors. Local residential roads in Urban Communities include curb, gutter, and sidewalks.

(2)

Minimum right-of-way: 50 feet.

(3)

Design capacity: 5,000 vehicles per day.

(4)

Parking: On-street parking is allowed.

(g)

Local Commercial and Industrial Roads.

(1)

Description: Two lane undivided roads with intersections at grade and controlled driveway access. They provide direct access to adjacent commercial and industrial properties and feed traffic to arterials. Local commercial roads in Urban Communities include curb, gutter, and sidewalks.

(2)

Minimum right-of-way: 60 feet.

(3)

Design capacity: 10,000 vehicles per day.

(4)

Parking: On-street parking is prohibited near intersections and driveways and may be limited elsewhere.

(h)

Rural Residential Roads.

(1)

Description: Two lane undivided roads with intersections at grade and with driveway access to abutting residential lots. They provide access to land in Rural Residential and Agricultural zones. They are not required to include curb, gutter, and sidewalks.

(2)

Minimum right-of-way: 50 feet. Rural Residential roads may be designed as a Cul-De-Sac, Continuous Loop, Private Right-of-Way, or Connector with different rights-of-way.

(3)

Design capacity: 5,000 vehicles per day.

(4)

Parking: On-street parking may be limited in certain areas for safety reasons.

(i)

Rural Roads.

(1)

Description: Two lane undivided roads with intersections at grade. They provide local access to agricultural land outside of the urban centers. They also may provide access to freeways and act as a primary route between urban and rural centers. They are not required to include urb, gutter, and sidewalks.

(2)

Minimum right-of-way: 50 foot wide.

(3)

Design capacity: 7,000 vehicles per day.

(4)

Parking: On-street parking may be limited in certain areas for safety reasons.

Sidewalks shall be required on both sides all roadways in non-agricultural zones within Urban and Rural Communities, where feasible, but not in Agricultural, Rural Residential, and Industrial zones.

(a)

The Director of Public Works may waive or defer this requirement in non-residential areas upon finding that there is no pedestrian traffic.

(b)

When the Director of Public Works determines that sidewalk improvements may be deferred, the developer must execute a secured or non-secured Deferred Sidewalk Improvement Agreement acceptable to the County. The option to require a secured agreement shall be at the sole discretion of the Director of Public Works.

Intersections shall be designed and constructed in accordance with the intersection templates contained in the County's Improvement Standards. Improvements required shall be based upon the Roadway Functional Classification above and the County's improvement Standards.

Traffic studies, traffic technical memoranda, operational analyses, and supplemental studies may be required by the Director of Public Works, the Zoning Administrator, or the Environmental Review Officer to adequately assess the impacts of a development project on the existing and/or planned street system.

(a)

When Required.

(1)

Traffic Study. Unless waived by the Director of Public Works, the Zoning Administrator shall require a Traffic Study for a development project when traffic caused by the development project is expected to exceed 50 vehicles during any hour, based on the current edition of the ITE Trip Generation Manual or other sources, or violate a Level of Service (LOS) standard established in the General Plan.

(2)

Traffic Technical Memorandum. A Traffic Technical Memorandum may be required in lieu of a Traffic Study when the development project exceeds the 50 vehicles per hour threshold, and the Director of Public Works deems that the existing roadway capacity and traffic operations are not expected to be significantly impacted as a result of the additional traffic generated by the project.

(3)

Operational Analysis. An Operational Analysis shall be required when a project does not meet the threshold requirement for a Traffic Study and the Director of Public Works deems specific conditions related to a development project require a separate traffic engineering analysis.

(4)

Supplemental Traffic Study. The County may require a supplemental Traffic Study if, after preparing a Traffic Study, the proposed development is modified so that total trip generation is expected to increase by more than 15 percent.

(b)

Contents of Traffic Studies, Traffic Technical Memoranda, and Operational Analyses. To provide consistency and to facilitate review of Traffic Studies and Traffic Technical Memoranda the format for these studies outlined in the County's Improvement Standards must be followed. For Operational Analyses, the County will provide the applicant a list of the items to be studied.

(c)

Responsibility for Traffic Studies, Technical Memoranda, and Operational Analyses. The applicant shall prepare or contract for the preparation of a Traffic Study, Technical Memorandum, or Operational Analysis with any engineering firm or California-licensed traffic engineer approved by the Department of Public Works. The applicant also must secure approval of the scope of work for any Traffic Study, Technical Memorandum, or Operational Analysis from the Director of Public Works prior to authorizing any work on that study. All Traffic Technical Memoranda must bear the stamp of an engineer currently licensed for traffic in the State of California. The Operational Analysis must include all items identified by the County supplied scope of work.

(d)

Payment of Review Fee. The applicant shall pay the required review fee for Traffic Studies, Traffic Technical Memoranda, and Operational Analyses contained within the current fee schedule at the time these studies are submitted for review.

Dedication and offers of dedication of public rights-of-way across the project frontages shall be required at the discretion of the Director of Public Works as follows:

(a)

When Required.

(1)

Use Permits, Zoning Compliance Reviews, and Building Permits. For new non-agricultural buildings or an increase to the existing floor area by either:

(A)

25 percent or more that generates an additional 20 or more vehicles per day; or

(B)

500 square feet or more.

(2)

Subdivisions. Where any subdivision creates a lot or parcel of land.

(3)

New Rights-of-Way. Developers shall dedicate rights-of-way for new public roads within a development project.

(4)

Off-site Rights-of-Way. Developers shall obtain off-site rights-of-way where required for the project and then dedicate these to the County.

(b)

Dedication Width. Right-of-way widths shall be dedicated as follows:

(1)

In conformity with the General Plan, a Master Plan, a Specific Plan, a Special Purpose Plan, or a Master Plan, the width shall be as specified in this Chapter and the County's Improvement Standards for a roadway of that functional classification.

(2)

For roads not indicated in the General Plan, Specific Plan, a Special Purpose Plan, or a Master Plan, widths shall conform to the requirements of Section 9-608.020, with the functional classification determined by the Director of Public Works.

(3)

If the existing right-of-way is equally divided by the original property line or section line, then the required dedication shall be no more than one-half of the amount needed to achieve the total required road width.

(4)

Applicant shall dedicate, or offer for dedication, expanded intersection rights-of-way in accordance with the County's Improvement Standards or otherwise specified in a Traffic Analysis, Technical Memorandum, or Operational Analysis.

(5)

Where topography or existing improvements, such as a railroad right-of-way, make it impractical to comply with the above sections, the Director of Public Works shall establish criteria for right-of-way dedication and roadway widening.

(c)

Access Rights. When any development project or improvement plan abuts an arterial or expressway, access shall be restricted to the roadway, except where access is delineated on a Specific Plan, Special Purpose Plan, or Master Plan. Where new parcels are created abutting two public roads, access shall be restricted along the non-primary parcel frontage. The developer shall dedicate to the County access rights in restricted access. When access to a roadway is restricted, vehicular access to the property must be provided by another public roadway.

New roads within development projects shall be dedicated and improved to their full width except as follows:

(a)

Expressways, Principal Arterials, and Minor Arterials. The Director of Public Works may allow less than full width improvement on expressways and major and minor arterials within or fronting development projects when improvements to the expressways and arterials are not required to meet existing and projected traffic demands, except that the roads shall be improved to a minimum of one-half street on the project side including one half median, plus one 12-foot-wide lane and shoulder on the opposite side.

(b)

Local and Collector Roads. The Director of Public Works may allow less than full width improvements on local and collector roads along the boundary of a development project except that the roads shall be improved to a minimum of one-half street on the project side, plus one 12-foot-wide lane and shoulder on the opposite side.

Public alleys are prohibited in new development projects. For development projects along existing alleys, improvements to the alleys may be required at the discretion of the Director of Public Works.

Where a development project adjoins a planned Class I bikeway, also known as a Bike Path, as shown on the General Plan, Special Purpose Plan, Specific Plan, Master Plan, or the County's Bicycle Master Plan, that will serve the residents of the subdivision, the developer shall dedicate and improve the Bike Path to the standards set forth in the California Highway Design Manual, Chapter 1000: Bike Transportation Design and Topic 1002: Bike Facilities ² and the County's Improvement Standards. The overall width of the bike path shall be determined by the Director of Public Works but shall be no less than 8 feet for the paved path itself with additional land as needed for required shoulders, signage, and landscaping. In some areas, road widening for on-street Class II bikeways, also known as Bike Lanes, or Class III bikeways, also known as Bike Routes, may be required in lieu of separated Bike Paths. Right-of-way widths as shown in this Chapter shall be adjusted to accommodate bikeways when required, consistent with the County's Bicycle Master Plan. The developer may be required to dedicate additional land for bikeways for the use and safety of the residents of a subdivision in accordance with Section 66475.1 of the Subdivision Map Act.

When required by the Director of Public Works, pedestrian ways for access to schools, recreation areas, or other public areas shall be improved with sidewalk, landscaping, and fencing. They shall have a minimum hard surface, as approved by the Director of Public Works with a minimum width of five feet and a minimum right-of-way width of 10 feet. Sidewalks in the public right-of-way may be eliminated if other pedestrian ways are approved by the Director to provide access to each parcel. The design shall be determined at time of approval of a development project and, if applicable, must meet the standards for access for disabled persons required by the California Building Code, as adopted by the County, and the Americans with Disabilities Act.

In all residential zones, the developer shall provide a fence, wall, or landscaped buffer outside of the right-of-way along any public roadway to which access is restricted and ensure a means of ongoing maintenance and repair, which may be the responsibility of the adjacent homeowner or of a homeowners' association. In all zones but the Rural Residential Zone, the wall shall be a minimum of six feet high, of uniform design and constructed of masonry. For infill or small-scale projects, these requirements may be waived by the Zoning Administrator.

Where noise barriers are required for a development project, they shall be included in the improvement plans and any applicable Specific Plan. Where feasible, walls and noise barriers shall be maintained by community facilities districts or other non-county agency or special district.

Roadway lighting systems are required for all development projects that require public roads or private roads built to public roadway standards in all urban and rural communities, Commercial Freeway Service zones, Commercial Recreation zones, and isolated industrial areas. Roadway lighting is not required in Agricultural zones. Developments on existing parcels in Commercial or Industrial zones shall meet the roadway lighting requirements of this Section.

(a)

General Standard. Roadway lighting shall be designed in accordance with the County's Improvement Standards. New development projects that require roadway lighting shall be required to annex to an existing Lighting Assessment District or County Service Area or form a new special district. The Director of Public Works may waive the requirement for a new district for small projects in rural communities and in isolated areas.

(b)

Rural Intersection Lighting. Rural intersection lighting is required for all development projects that require public roads or private roads built to public roadway standards in rural communities and other areas of non-agricultural development. Rural intersection lighting shall be designed in accordance with the County's Improvement Standards. New development projects that require rural intersection lighting shall annex to an existing special district. The Director of Public Works may waive the annexation requirement for small projects in isolated areas.

The road system within a proposed subdivision shall be designed in accordance with the following criteria:

(a)

Alternate Access. Any lot within the subdivision shall be reached by alternative routes except for stub streets and cul-de-sacs.

(b)

Stub Streets. Where a subdivision abuts an undeveloped area designated in the General Plan for similar development, stub streets shall be designed to serve the adjacent area unless the Director of Public Works determines that the area is adequately served by existing roads or due to existing physical constraints access to the area from the proposed subdivision is infeasible. The Director shall require temporary improved turnarounds per fire road standards at the end of stub streets.

(c)

No Intersection Offsets. Streets located on opposite sides of an intersecting street shall have their center lines directly opposite each other; otherwise, the centerlines shall be separated by a distance not less than that specified in the County's Improvement Standards. In all cases, the improvements shall be aligned as required by the Director of Public Works.

(d)

Number of Lots. In a new development or a phase of a development, the number of lots served by a single street or point of connection shall not exceed 40 lots, unless a greater number is approved by the Fire Marshall.

Cul-de-sac streets may be allowed as follows:

(a)

Residential, Rural Residential, Industrial and Commercial Zones. Cul-de-sac streets shall have a length not exceeding 1,000 feet, and shall serve no more than 12 lots, except where existing physical conditions make such limitations of length impractical.

(b)

Turnaround. Cul-de-sac streets shall be terminated by an improved turnaround in conformance with the County's Improvement Standards.

Private rights-of-way improvements for existing lots shall be processed with a Zoning Compliance Review subject to the following requirements:

(a)

Private rights-of-way approved by the County to provide access to more than six existing lots not within an antiquated subdivision, shall be designed to the same standards as public streets.

(b)

In agricultural areas, as designated in the General Plan, any private right-of-way that exceeds one-half mile in length or serves more than 16 lots shall have a secondary method of access, unless this requirement is waived by the Zoning Administrator.

(c)

In non-agricultural areas, as designated in the General Plan, any private right-of-way that exceeds 1,000 feet shall have a secondary method of access unless this requirement is waived by the Zoning Administrator.

(d)

Island parcels served by a navigable waterway, where such waterway provides the only surface access to the parcel, are deemed to have adequate access.

Private rights-of-way improvements for new lots shall be depicted on the applicable map subject to the following requirements:

(a)

The entire length of the private right-of-way shall be constructed and maintained to the standards required by the California Fire Code and the County's Improvement Standards for a rural residential road. Private streets serving up to six existing or proposed residential lots shall be improved to Fire Road standards. Private streets serving seven or more existing or proposed residential lots shall be designed and constructed per the County's Improvement Standards for a rural residential road.

(b)

In agricultural areas, as designated in the General Plan, any private right-of-way that exceeds one-half mile in length or serves more than 16 lots shall have a secondary method of access, unless this requirement is waived by the Zoning Administrator.

(c)

In non-agricultural areas, as designated in the General Plan, any private right-of-way that exceeds 1,000 feet or serves more than 20 lots shall have a secondary method of access unless this requirement is waived by the Zoning Administrator.

(d)

If it is determined during the project review that it is necessary to include the private right-of-way in the County's road system in the future, the applicant shall make an irrevocable offer of dedication of such rights-of-way to the County.

Roads providing access to lots in antiquated subdivisions shall be subject to the following requirements, unless otherwise approved by the Director of Public Works:

(a)

Public Roads. Shall be improved to rural residential road standards, and include an irrevocable offer of dedication to the County.

(b)

Private Roads. If access is to be provided by a private right-of-way, individual lots may be developed if:

(1)

The road is improved, at a minimum, to the requirements of the California Fire Code; and

(2)

A secondary method of access per the County's Improvement Standards for a rural residential road shall be provided with an irrevocable offer of dedication to the County if the road exceeds one-half mile in length or serves more than 16 lots.

Whenever a subdivision adjoins a public waterway and public access is unavailable within a reasonable distance as determined by the Zoning Administrator, the developer shall provide access to the waterway by means of a public roadway, pedestrian way, or bikeway. In accordance with Section 66478.1 et. seq. of the Government Code, such access shall include an easement along a portion of the bank of the waterway. For the purposes of this section, a public waterway shall be as defined in Section 66478.4 of the Government Code. The Zoning Administrator shall determine the design and location of the access based on the following considerations:

(a)

Means of Access. Access may be by vehicle, foot, or other means;

(b)

Development Size. The number of dwelling units or square feet of non-residential space in the development;

(c)

Public Access. The proximity of public access to the waterway;

(d)

Riverbank Type. The type of riverbank and its appropriate recreational, educational, and scientific uses;

(e)

Trespass. The likelihood of trespass on private property and reasonable means of avoiding such trespass; and

(f)

Levees. The existence of levees and their primary purpose.

The following procedures shall be used in the naming of public or private roads:

(a)

Application Requirements.

(1)

Tentative Map Review. Where the new road is proposed as part of a Tentative Map, the applicant shall submit the proposed names for new roads with the Tentative Map subject to Chapter 9-501 Administration and Common Procedures.

(2)

Other New Roads. Where a new road is proposed that is not part of a Tentative Map, a Zoning Compliance Review is required, subject to Chapter 9-802 Common Procedures. Such new road names can be designated:

(A)

When the Zoning Administrator officially names the new road at the time the road is accepted as a public highway, or

(B)

When it is determined to be necessary for wayfinding.

(3)

Road Name Changes. Requests for the renaming of existing roads may be filed by any interested person through the Zoning Compliance Review process subject to Chapter 9-802 Common Procedures.

(b)

Additional Notification. All occupants and owners of property fronting on or with direct access to a road proposed for a road name change or new road name that is not part of a Tentative Map shall be notified by:

(1)

United States postal mail to, and

(2)

Posting of a notice in a minimum of three locations along the road.

(c)

Road Naming Standards. All proposed names shall be reviewed for consistency with the Community Development Department's road naming standards. Those names not consistent with the standards shall be identified, and the applicant shall submit alternate name(s). The review of the alternate name(s) shall be the same process described above.

This Chapter specifies requirements and standards for underground and overhead utilities.

Utility distribution facilities shall comply with the following requirements:

(a)

Underground Distribution and Transmission. All utility distribution and transmission facilities supplying electric, communication, or similar service within, or passing through, any development project shall be placed underground. In this context, the word "facilities" excludes facilities used for street lighting, traffic signals, pedestals for police and fire system communications and alarms, pad-mounted transformers, pedestals, pedestal-mounted terminal boxes and meter cabinets, concealed ducts, substations, and facilities carrying over 35,000 volts.

(b)

Location for Underground Facilities. Underground distribution facilities for public utilities shall be in a public right-of-way or public utility easement. No public utility distribution facilities shall be located outside a public right-of-way or public utility easement except in providing service to the lot on which they are located.

(c)

Rural Residential Subdivision. In rural residential subdivisions, the Zoning Administrator may waive the requirement for underground facilities upon finding that such undergrounding is economically infeasible, incompatible with the surrounding area, or impossible due to physical constraints.

(d)

Location of Overhead Utilities. Overhead utility lines, when permitted in a development, shall be in a public right-of-way or public utility easement. The Director of Public Works shall approve the precise location of poles supporting such overhead lines.

(e)

Timing of Installation. Any underground utility improvements, installed or to be installed in a subdivision by the subdivider, that cross underneath the right-of-way of any roadway shall be installed prior to the improvement of any such roadway in the subdivision.

In order to implement General Plan policies for adequate public facilities and to mitigate the impact of new development on existing public facilities and services, this Chapter establishes development impact fees and infrastructure reimbursement charges to finance off-site public improvements needed for development and ensure that applicants pay for their development's fair share of the costs of these improvements. In establishing these fees, the Board of Supervisors has found the fee to be consistent with the General Plan and the Mitigation Fee Act in Government Code Sections 66000 through 66008 and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the County's housing needs as established in the Housing Element of the General Plan.

This section establishes common procedures, consistent with the Mitigation Fee Act, to be followed for each of the individual fee programs.

(a)

Establishment of Development Impact Fees for Infrastructure Financing. The Board of Supervisors shall periodically establish and update development impact fees for infrastructure financing for specific public facilities, including road improvements and traffic mitigation, water supply and wastewater collection and disposal facilities, stormwater drainage, fire protection and other County capital facilities. This shall be done after a duly-noticed public hearing, by a Resolution that:

(1)

Sets forth the purpose of the fee;

(2)

Identifies the specific use(s) or facilities to be financed, the existing level of service for each use or facility, any proposed changes in these levels of services, and the reasons for such change(s);

(3)

Establishes a fee proportionate to the square footage of proposed units for housing developments and other metrics, as appropriate, for non-residential development;

(4)

Determines how there is a reasonable relationship between a fee's use and the type of development on which the fee is imposed;

(5)

Determines that there is a reasonable relationship between the use of the fee for a specific category of public facilities and type(s) of development project(s) for which the fee is imposed;

(6)

Determines whether any adjustments in fees for housing development are necessary, pursuant to Government Code Sections 66005.1 and 66016.5, for project with specified characteristics (e.g., reduced number of parking spaces) or in specific locations (e.g., within one-half mile of a transit station or convenience retail uses);

(7)

Establishes an administrative cost for the fee program to be added into the fee; and

(8)

Establishes a separate capital facilities account for each identified facility into which the fees shall be placed, provides for appropriation of the fees, and references the proposed construction schedule or improvement plan adopted by the Department of Public Works for the public facilities.

An Impact Fee Nexus Report prepared for the County may be used to substantiate the required findings by providing factual details and methodologies on how the reasonable relationship between the use of the fee for a specific category of public facilities and the type of development project on which the fee is imposed was determined.

(b)

Annual Increase. Any fee established pursuant to a resolution under this Chapter shall be automatically increased each year by an amount equal to the Engineering Construction Cost Index as published by the Engineering News Record for the prior time period.

(c)

Interest. All fees and charges collected pursuant to this Chapter shall be credited with interest on such fees while in the possession of the County. The interest earned shall be credited to the account in which the fee or charge was deposited and shall be used solely to pay for the public facilities authorized under this Chapter and the appropriate adopting resolution for the fee schedule.

(d)

Payment of Fees. The fees and charges to be collected under this Chapter are due shall be paid upon the issuance of a certificate of occupancy or the final inspection, whichever occurs last, or approval of any discretionary permit if no building permit is required unless the applicant qualifies for the Deferred Fee Payment Program and has executed a Deferred Fee Payment Agreement with the County or, in the case of residential development, payment of the fees prior to issuance of a certificate of occupancy is allowed by Government Code Section 66006.5.

(1)

If a development has multiple types of uses, the fee shall be collected proportionately on each use based in square footage of space or number of dwelling units.

(2)

When application is made for a new building permit following the expiration of a previously issued building permit for which the fee was paid, the fee payment shall not be required, unless the fee schedule has been amended during the interim, in this event, the appropriate increase or decrease shall be imposed.

(3)

If subsequent development occurs with respect to property for which the fee has been paid, an additional fee shall be required only for additional square footage of development that was not included in computing the prior fee.

(4)

If a development is converted to a more intense use, a fee shall be required which shall be the difference between the current fee for the original use and the current fee for the more intense use.

(e)

Report on Fees or Refunds. The Director of Public Works shall prepare a report each fiscal year identifying the purpose to which each fee is to be put, documenting use of the fees and charges collected and the account balances, excluding letters of credit or other security instruments, in its various facilities accounts five or more years after deposit of the fee, and demonstrating a reasonable relationship between the fees collected and disbursed and the purpose for which they were charged.

(1)

There shall be refunded to the then current record owner or owners of the lots or units of the development project or projects on a prorated basis the unexpended or uncommitted portion of the fee, and any interest accrued thereon, for which need cannot be demonstrated pursuant to this section.

(2)

The refund shall be made from the unexpended or uncommitted revenues by direct payment, by providing a temporary suspension of fees, or by any other means consistent with the intent of this Section.

(3)

If the administrative costs of refunding unexpended or uncommitted revenues pursuant to this subdivision exceed the amount to be refunded, the Board of Supervisors, after a public hearing, may determine that the revenues shall be allocated for some other purpose for which the fees are collected, and which serves the project on which the fee was originally imposed.

(f)

Deferral Fee Payment Program. A Deferred Fee Payment Program shall be initiated when the Board of Supervisors, in a Board Resolution, sets forth the following:

(1)

The purpose of the Program;

(2)

The conditions of eligibility for participation in the Program;

(3)

The securities of applicants to the Program that will be required; and

(4)

The penalty assessment for noncompliance with provisions of the Program.

(5)

Participants in this program shall be obligated to enter into a Deferred Fee Payment Agreement prior to the issuance of a building permit.

(g)

Use of Fees. The fees and charges paid pursuant to this Chapter shall be placed in separate capital facilities accounts to avoid co-mingling of the fees and charges with other funds of the County. The fees and charges may be temporarily invested. Such fees and charges, along with any interest earnings, shall be used solely to pay for those use(s) and public facilities for which the fee or charge was established and may include:

(1)

Paying for the design and construction of designated public facilities and reasonable costs of outside consultant studies related thereto;

(2)

Reimbursing the County for designated public facilities constructed by the County with funds, other than grants or gifts, from other sources;

(3)

Reimbursing developers who have been required or permitted to design and construct public roads or other facilities that are oversized with supplemental size, length, or capacity; and

(4)

Paying for and/or reimbursing County costs of program development and ongoing administration of the Development Impact Fees program.

(h)

Developer Construction of Facilities. Whenever a developer is required, as a condition of approval of a development permit, to design and/or construct a public facility that exceeds the size, length, or capacity needed for the impacts of that development, and when such construction or equipment is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged to the development project, may be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burden created by the development.

(i)

Fee Adjustments or Waivers. A developer of any project subject to any of the fees or charges established by this Chapter may apply to the Board of Supervisors for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus, or a different relationship, between the impacts of the development and either the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the Clerk of the Board of Supervisors ten days prior to the public hearing on the development permit application for the project or if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment.

(1)

County staff shall prepare a report and recommendation for the Board of Supervisors consideration.

(2)

The Board of Supervisors shall consider the application at a public hearing held within 60 days after the filing of the fee adjustment application.

(3)

The decision of the Board of Supervisors shall be final.

(4)

If a reduction, adjustment, or waiver is granted, any change in use or within the project or change in the size of the project shall invalidate the waiver, adjustment, or reduction of the fee.

(j)

Exemptions.

(1)

No fee or charge established by this Chapter shall be applied to the reconstruction of any residential, commercial, or industrial development project that is damaged or destroyed because of a natural disaster as declared by the Governor.

(2)

No fee or charge established by this Chapter shall be applied to the construction of any agricultural building as defined by the California Building Code.

(k)

Protests. Any protest as to the imposition of a fee, dedication, reservation, or exaction may be filed with the Board of Supervisors, in accordance with law.

(1)

Such protest must be in writing and accompanied by payment in full or satisfactory evidence of arrangements to ensure performance of the conditions necessary to meet the requirements of the development approval. The protest shall include a statement that payment is tendered or that all conditions have been provided for and a statement setting forth the factual elements and legal theories on which the protest is based.

(2)

A protest must be filed at the time of approval or upon conditional approval of the development or within 90 days after the date of imposition of fees, dedications, reservations, or exactions on the development. A legal action may be filed within 180 days of filing a protest under this section to attack, review, set aside, void, or annul the imposition of fees, dedications, reservations, or exactions. Approval or conditional approval occurs when a Tentative Map or a Parcel Map is approved or when a Parcel Map is recorded if a Tentative Map or Parcel Map is not required.

Authority for a Development Impact Fee Program for Traffic Mitigation is hereby established for new development in the unincorporated area of the County to pay for transportation facilities to mitigate the impact related to the new developments, including but not limited to traffic signalization, roadway improvements, and bridge construction or reconstruction. The fee for this program shall be collected as adopted and annually updated by the Board of Supervisors.

(a)

Establishment of Infrastructure Reimbursement Charge. Authority for an Infrastructure Reimbursement Charge for facilities identified in an Area Facilities Plan is hereby established in the unincorporated area of the County to provide reimbursement for construction of storm drainage, water supply, or sanitary sewer facilities. The charge shall be set by Resolution of the Board of Supervisors after County approval of a developer commitment to build infrastructure under an approved Area Facilities Plan.

(1)

The specific Infrastructure Reimbursement Charge for a development project shall be based on the total cost of constructing the work shown on the Area Facilities Plan, as determined by the Director of Public Works, and a reasonable apportionment of such estimated cost to the properties that will benefit from the construction of the work.

(2)

The Infrastructure Reimbursement Charges collected shall be placed in an interest-bearing Designated Fund based on the type of facilities and area.

(b)

Credit. Whenever an Area Facilities Plan facility, or a portion of an Area Facilities Plan facility, is required to be built by a developer, the developer will be credited the cost of those improvements built to reduce his Infrastructure Reimbursement Charge. In the event the credit exceeds the developer's obligation, a reimbursement will be made to the developer.

(c)

Payment of Charge. The Infrastructure Reimbursement Charge shall be paid by all projects with the Area Facilities Plan service area, prior, to issuance of a building permit, approval of a discretionary permit or when the Director of Public Works determines that a direct benefit has been received.

(d)

Deferred Charge Payment. Whenever there is no direct benefit to a property for which an Infrastructure Reimbursement Charge has been set, the payment of the Infrastructure Reimbursement Charge will be deferred until a direct benefit has been established, as determined by the Director of Public Works and execution of a Deferred Infrastructure Charge Agreement. At the option of the developer, a deposit in the amount of the Infrastructure Reimbursement Charge can be placed into a trust account to avoid placing an encumbrance on the property.

(e)

Use of Collected Funds. No more than 90 percent of the money collected under provisions of this Chapter is to be used solely for reimbursements or refunds, as established below, to allow up to 10 percent of the money collected to be used for administration of the Infrastructure Reimbursement Charge program.

(f)

Reimbursements. As collected Infrastructure Reimbursement Charge money is available within a Designated Fund, the County may reimburse reasonable developers' costs of the built facilities as follows:

(1)

The Director of Public Works shall annually determine the availability of such funds and may authorize their disbursement.

(2)

For individual projects, the Director of Public Works shall determine the amount and reasonableness of developers' costs including planning, designing, and constructing facilities identified in an Area Facilities Plan that may be reimbursed.

(3)

All reimbursement authorized by the Director of Public Works will be processed such that the developer who constructed the first improvements will be fully reimbursed prior to reimbursement to other developers who will be subsequently reimbursed in which the Area Facilities Plan facilities are constructed and accepted as complete by the County.

(g)

Refunds. The Director of Public Works shall refund Infrastructure Reimbursement Charge money paid upon cancellation or withdrawal of a building permit or discretionary permit by the applicant as provided below:

(1)

A refund processing fee, set by Resolution, will be withheld from the amount refunded.

(2)

In the event a Designated Fund within a specific service area has been used for construction or reimbursement for construction of facilities for which it was collected, refunds will be approved only when adequate funds are available in the Designated Fund.

Authority for a water facilities impact fees for new development in the unincorporated area of the County is hereby established to pay for water facilities to mitigate the impact related to the new developments, including but not limited to projects to convey and treat an additional supply of and to allow for the conjunctive use of, the groundwater and surface waters. The fee for this program shall not be collected until the Board of Supervisors adopts a specific development impact fee for water facilities through a Board Resolution addressing the requirements in Section 9-611.020 (a), Establishment of Development Impact Fees for Infrastructure Financing.

(a)

Establishment of Fire Protection Facilities Improvement Fee Program. Authority for a Fire Protection Facilities Improvement Fee is hereby established for development in the unincorporated area of the County to pay for the improvement of fire protection facilities due to the impacts of development. This fee shall not be collected until the Board of Supervisors, in a Board resolution, establishes a fire protection facilities improvement fee addressing the requirements in Section 9-611.020 (a), Establishment of Development Impact Fees for Infrastructure Financing.

(1)

Fire districts requesting that this fee be imposed shall submit information to the County upon which the Board of Supervisors may make the findings required by this subsection.

(2)

The fire districts shall adhere to guidelines developed by the County regarding the sufficiency of the materials submitted and the procedures to be followed for the submission.

(b)

Staff. The County Fire Warden shall act as staff to the Board of Supervisors and shall be responsible for implementation of this fee program. The Community Development Department shall assist the County Fire Warden.

(a)

Establishment of County Capital Facilities Development Impact Fee Program. Authority for a County Capital Facilities Fee Program is hereby established; this program is needed to finance region-serving Capital Facilities located throughout the County that are used by the residents and businesses within each city as well as the unincorporated area and are impacted by development and to ensure that new development pays its proportional share for these improvements. The fee for this program shall not be collected until the Board of Supervisors identifies specific region-serving capital facilities to be funded by the County's Capital Facilities Development Impact Fee Program and then adopts a specific Capital Facilities impact fee through a Board Resolution following the requirements in Section 9-611.020 (a), Establishment of Development Impact Fees for Infrastructure Financing.

(b)

County Capital Facilities Development Impact Fees Accounts. The County shall hold County Capital Facility Development Impact Fee revenues collected in a separate County Capital Facility Fee account for each Capital Facility. Fee revenues accruing in these accounts shall be expended for the purpose for which they were collected. The County shall account for all fee revenues, including interest accrued, and allocate them for the purposes for which the original fee was imposed.

No application for residential development(s), including Tentative Maps and Tentative Parcel Maps, or a Zone Reclassification(s) for residential development shall be approved unless the school district provides documentation to the Planning Commission demonstrating that adequate school facilities will be available concurrently with the need for such facilities and including the following:

(a)

Evidence that the school district has imposed all school mitigation fees pursuant to the Mitigation Fee Act or equivalent mitigation measures not otherwise prohibited by statute;

(b)

A current copy of the district's School Facilities Plan that documents its existing facilities, provides future school facilities projections, both short and long term, and demonstrates the use of the current and projected revenues which are anticipated to meet those needs; and

(c)

Documentation of the district's efforts to seek all available funding and the prospects for seeking and/or obtaining funds in the reasonably foreseeable future.

(d)

The Zoning Administrator may waive submission of the detailed information required in paragraphs (b) and (c) if similar information has been provided to the County by the affected school district within the prior year.