Chapter 9.30 — DEDICATIONS AND INFRASTRUCTURE IMPROVEMENTS

This chapter regulates and controls dedications and the installation of infrastructure improvements. The regulations are intended to preserve the public health, safety, and general welfare; to promote orderly growth and development; and to ensure the provision of adequate traffic and pedestrian circulation, utilities, flood control, trails, bike lanes and related infrastructure improvements and services. (Ord. 254, 12-16-2014)

The requirements of this chapter shall apply to all subdivisions and single parcel commercial and industrial development. Single- family residential infill development is subject to dedication of necessary easements only. (Ord. 254, 12-16-2014)

A. Dedications Required To Comply With Approved Plans Or Ordinances: Prior to final inspection of structures, at the discretion of the director, the dedication of a road, street or highway right of way including roadway, trail or bike lane right of way, flood control or drainage, public utilities or easement for other infrastructure may be required to comply with the general plan, an adopted specific plan, master infrastructure plan, or the provisions of any specific ordinance that has established a future right of way line.

B. Dedications Required In Absence Of Approved Plans Or Ordinances: Where approved plans or ordinances do not exist, the required dedications may be required for specific plans and planned development projects and shall be as follows:

1. Proposed development adjacent to trail and bike lane systems may be required to dedicate land for trail and bike access points, as determined by the director.

2. The dedication or offers of dedication of trail and bike lane easements where appropriate may be required for establishing a planned trails system alignment or where an established trail is jeopardized by impending development. (Ord. 254, 12-16-2014)

A. Installation Of Street And Infrastructure Improvements: Prior to final inspection of any building, structure or improvement resulting in an increase or change of vehicular traffic, increases in runoff, or increases in demand on infrastructure systems such that the construction of street or infrastructure improvements are necessary for the purposes of protecting public safety and health, the installation of street improvements and infrastructure shall be required in accordance with the following and other current adopted standards, subject to the review of the director. "Street improvements" include any or all curb and gutter, sidewalks, streetlights, concrete driveway approaches, drainage structures, paving, backfilling and preparation of the road surface to rough grade for the placement of paving and other necessary improvements as determined by the director.

1. Proof Of Access: Proof of legal and physical access is required.

a. Physical access is a route which is traversable in a standard (2-wheel drive) sedan. Proof of physical access shall be determined by the director.

• b. Legal access is:

• (1) A dedicated right of way;

(2) A dedication to the town of Yucca Valley and to the public in general, an easement for public road, highway and public utility purposes of a width as established by the circulation element of the general plan. The easement or road constructed on the dedicated land shall not become a town roadway until and unless the council, by appropriate resolution, has caused the road to be accepted into the town maintained road system.

• (3) An existing traveled way that is substantially in compliance with town road standards, where a prescriptive right by the user has been established for the public use by court decree.

• (4) Private road easement.

c. When all feasible efforts to establish legal access in accordance with subsection A1b of this section have been exhausted, the lot is an existing legally created parcel, and the property owner has physical access, the director may waive the requirement for legal access on the condition that the property owner enters into an agreement in the form required by the town which includes the property owner's: 1) representation that the owner has a right to physical access; 2) acknowledgment that proof of legal access has not been provided to the town's satisfaction; and 3) agreement to disclose to any subsequent owners that legal access has not been established to the satisfaction of the town. Notation of said agreement and conditions of waiver shall also be included on the building permit.

2. Water:

• a. Water Purveyor: Required when in the service area of a water purveyor and the purveyor can supply the water.

b. Substantiated Well Water: If the subject parcel is not within the service area of a water purveyor, well water may be allowed if all required setbacks are met.

3. Sanitation:

• a. Sewer: Project shall connect as required by the ordinances and policies of the Hi-Desert water district.

• b. Septic systems: Allowed in compliance with the local regional water quality control board regulations.

4. Fire Flow: Adequate fire flow and fire safety measures in compliance with the most current regulations adopted by San Bernardino County fire department.

5. Street And Infrastructure Improvements: Street and infrastructure improvements shall be required for all residential and nonresidential subdivisions (parcel maps and tract maps) and commercial and industrial projects in accordance with table 3-1 of this section.

TABLE 3-1

STREET AND INFRASTRUCTURE IMPROVEMENTS

Notes:

1. Residential parcel maps (4 lots or less) with resultant parcels greater than 1 acre and more than 500 feet from the nearest paved road may be exempted from this requirement.

2. Sidewalks are required both sides of the road, except sidewalks are only required on 1 side of the roadway for local residential and industrial roads, not including roads shown on the general plan circulation plan, where the resultant parcels after subdivision are 1 acre or larger.

3. Lot sizes are the size of the resultant parcels after the subdivision.

(Ord. 254, 12-16-2014)

Such dedications and installation of street and infrastructure improvements shall be required prior to the occupancy of the premises or commencement of the above referenced uses. Where it is impractical to install the required improvements at the time of the proposed development, an agreement in writing shall be entered into with the town to make such improvements, and a cash deposit, a surety bond or such other form of surety as may be acceptable to the town in an amount equal to the estimated cost of the improvements as determined by the director, shall be posted with the town in lieu thereof, to guarantee the installation of such improvements. In the latter event, the actual installation of street improvements may be delayed until written demand therefor is made by the town. If surety bonds are submitted, they shall be furnished by a surety company authorized to write such bonds in the state of California. (Ord. 254, 12-16-2014)

A. Requirements for all improvements in the public right of way will be specified by the town. Request for a waiver of any of these requirements may be made to the commission who shall have the authority to approve modifications or reject any of the requirements.

1. Required Findings: Prior to waiving or modifying any improvement requirement, the commission shall find as follows:

a. That the waiver or modification of the required improvement would not adversely affect the public health and safety.

b. That neither the improvements being waived nor the modifications authorized delete improvements which are a necessary prerequisite to the orderly development of the surrounding area.

2. Written Agreement: Prior to waiving any improvement requirement, the commission may require a written agreement from the applicant, agreeing to participate in any street improvement program for the area in which the property is located, whether privately or publicly initiated. This agreement shall be recorded with the county recorder.

3. Appeal Of Action: Any decision by the commission pertaining to a request to waive or modify required improvements may be appealed to the council. (Ord. 254, 12-16-2014)

Prior to final inspection of any such building or structure, the department shall determine the following:

A. That all of the required dedications have been provided.

B. That all of the required street improvements have either been installed or that a cash deposit, surety bond or other form of acceptable surety in an amount equal to the estimated cost of the street improvements has been posted with the town to assure the installation of said street improvements. (Ord. 254, 12-16-2014)

See title 8, chapter 8.90, "Underground Utility Districts", of this code. (Ord. 254, 12-16-2014)