Chapter 9.80 — ADMINISTRATION; GENERAL

This chapter establishes general administrative provisions for implementation and administration of this development code and the permits which are approved pursuant to this development code. (Ord. 251, 11-18-2014)

A conditional use permit, land use compliance review, site plan and design review permit, variance, planned development permit, specific plan, special use permit, and other permits issued and approved under this development code that are granted in compliance with article 4 of this title shall be deemed to run with the land through any change of ownership of the subject site, from the effective date of the permit, except in any case where a permit expires and becomes void. All applicable conditions of approval shall continue to apply after a change in property ownership. (Ord. 251, 11-18-2014)

A. Deposit Of Security:

1. As a condition of approval of a conditional use permit, land use compliance review, site plan and design review permit, specific plan, variance, planned development permit, special use permit, temporary special event permit, temporary use permit, or upon a finding that the public health, safety, and welfare warrant, the review authority may require a deposit of security in a reasonable amount to ensure the faithful performance of one or more of the conditions of approval in the event that the applicant/owner fails to perform.

2. The applicant/owner may elect to provide adequate security for the faithful performance of a condition(s) of approval imposed as part of the approval process if the director or planning commission determines that the condition(s) may be implemented at a later specified date (e.g., inability to install required landscaping due to poor weather conditions).

3. The security shall, as required by law or otherwise at the option of the town, be in the form of cash, a certified or cashier's check, letter of credit, a performance bond or other form of surety executed by the applicant and a corporate surety authorized to do business in California and approved by the town attorney.

4. The security shall remain in effect until all of the secured conditions have been performed.

5. Any security required in compliance with this section shall be payable to the town.

B. Release Of Security: Upon satisfactory compliance with all applicable provisions of this section, the security deposit shall be released. (Ord. 251, 11-18-2014)

A. Implementation: The town may require offers of dedication, the granting of easements, or the recordation of deed notices to assist the town in the implementation of the general plan and/or adopted master plans, including, but not limited to, the town's master plan of drainage, parks and trails master plans, and airport comprehensive land use plan.

B. Requirements For Easements And Deed Notices: A grant of easement or deed notice may be required by the town as a condition of issuing a building permit for any residential or nonresidential project that includes additional

square footage for a new or existing structure and/or any other entitlement. Recordation of all grants of easement and deed notices on forms to be provided by the town shall occur prior to the issuance of a building permit or as otherwise approved by the town.

1. Avigation And Noise Easements Or Deed Notices:

a. An avigation and noise easement shall be granted to the Yucca Valley airport district and shall be recorded against those parcels of property within the avigation easement area as identified on the avigation easement and deed notice map on file with the town. A copy of the recorded easement shall be forwarded to the town and the Yucca Valley airport district.

b. A deed notice shall be recorded against those parcels of property outside of the avigation easement area but within the airport influence area as identified on the airport influence map on file with the town clerk. A copy of the recorded deed notice shall be forwarded to the town and the Yucca Valley airport district.

2. Drainage Easements: A grant of easement may be required by the town as a condition of issuing a building permit for any residential or nonresidential project that includes additional square footage for a new or existing structure and/or any other entitlement. Parcels that are affected by the Yucca Valley master plan of drainage and as deemed necessary by the town engineer shall offer a drainage easement to the town and/or county of San Bernardino.

3. Public Rights Of Way: A grant of easement may be required by the town as a condition of issuing a building permit for any residential or nonresidential project that includes additional square footage for a new or existing structure and/or any other entitlement. Owners/applicants shall offer easements or dedication of rights of way for streets, roads, alley, sidewalks, utilities or trails as deemed necessary by the director to implement the town's roadway and trails networks. (Ord. 251, 11-18-2014)

A. Applicant's Agreement To Indemnify And Hold Harmless: The applicant shall agree to defend, indemnify and hold harmless the town of Yucca Valley, its agents, officers and employees, at his sole expense, against any action, claim or proceedings brought against the town or its agents, officers or employees, to attack, set aside, void, or annul this approval or because of the issuance of such approval, or in the alternative, to relinquish such approval, in compliance with this development code. The applicant shall reimburse the town, its agents, officers, or employees for any court costs, and attorney fees which the town, its agents, officers or employees may be required by a court to pay as a result of such action. The town may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. The town shall promptly notify the applicant of any claim, action or proceedings arising from the town's approval of this project, and the town shall cooperate in the defense. (Ord. 251, 11-18-2014)