The purpose of this chapter is to provide for the orderly development of the county of Merced through the adoption of improvement standards and to establish policies for when, which, and how improvements will be required for applicable permit or subdivision approvals within the unincorporated areas of the county of Merced.
(Ord. 1257, 1988; Ord. 1321, 1990)
Accessory agricultural structures.
Agricultural buildings with the following uses: storage; livestock and poultry; shade structures; horticultural structures (greenhouses and crop protection).
ASC.
Agricultural Service Center.
Clear zone.
On roadways without curb and gutter or asphalt dikes, the clear zone is an area within the road right-of-way to remain free from fixed objects such as utility poles. On local and minor collector roadways, the clear zone is that area which is within 15 feet of the edge of the traveled way. On roadways with higher classifications, the clear zone is that area which is within 25 feet of the edge of the traveled way.
Department of public works.
The board of supervisors of the county of Merced working through the director of public works and his assigned representatives.
Developer.
Any person, firm, corporation, partnership, or agent thereof who has applied for a permit or subdivision within the county of Merced.
Developer project.
Any project involving either a building permit, conditional use permit, location and development permit, minor or major subdivision application, PAID application, or PUD application.
Fixed object.
Items defined as fixed objects include, but is not limited to: utility poles, headwalls, standpipes, irrigation boxes, trees, and large mail box structures. Items that are excluded from being defined as fixed objects because of their breakaway or accident absorbing design include, but is not limited to: street lights, fire hydrants, street signs, guard rail, and approved mail boxes.
HIC:
Highway Interchange Center (See Chapter 18.096).
Improvement manuals.
The two improvement Manuals consist of "The Merced County Improvement Standards and Specifications" and "The Merced County Storm Drainage Design Manual".
Improvement project.
Any project, other than a development project, involving improvements that will be maintained by the county.
Planned agricultural industrial development
(See Chapter 18.112).
PUD.
Planned Unit Development (See Chapter 18.120).
RRC.
Rural Residential Center.
SUDP.
Specific Urban Development Plan.
Traveled way.
The portion of the roadway for the movement of vehicles, exclusive of shoulders. More specifically, the edge of the traveled way is equivalent to the edge of the outermost travel lane as shown in the improvement standards and specifications.
(Ord. 1257, 1988; Ord. 1321, 1990; Ord. 1519, 1995)
A. 
Improvement Manuals. The improvement manuals defined in Section 16.08.020 shall be adopted by the board of supervisors by resolution. Copies of the improvement manuals are to be available for purchase at the department of public works. Persons purchasing one or both of these manuals will become registered holders of the manuals they purchase.
B. 
Changes to Improvement Manuals. All registered holders of the improvement manuals shall be notified, in writing, of any proposed changes. The director of public works is authorized to make changes to the improvement manuals that are of a minor technical nature. Changes to the improvement manuals that are not of a minor technical nature shall be brought before the board of supervisors for adoption by resolution.
C. 
Improvement Requirements. Improvements that are required as a result of this chapter may be satisfied by either construction, posting security, or by qualifying for and obtaining a deferment of construction or waiver as specified in Section 16.08.050. All improvements to be constructed as a result of this chapter shall be designed and constructed in accordance with the improvement manuals.
1. 
Mandatory Improvement Requirements. The improvements specified in Section 16.08.040 are mandatory requirements for permit or subdivision approvals within the unincorporated areas of the county of Merced.
2. 
Recommended Improvement Requirements. The department of public works is authorized to recommend any Improvements and/or dedication deemed necessary which fall outside the scope of Section 16.08.040. Recommended improvements are subject to the adoption or rejection of either the planning commission or the board of supervisors, whichever is the final approving authority for the type of permit or subdivision being requested.
D. 
Fees. The department of public works shall be reimbursed, through the collection of fees, for the services listed in this subsection. The fee amounts shall be established by the board of supervisors as required by law and may be revised a maximum of once every fiscal year.
1. 
Land Development Applications. The department of public works shall be reimbursed for reviewing permit applications associated with proposed land development. More specifically, the department of public works shall be reimbursed for reviewing applications for administrative permits, conditional use permits, general plan amendments, PD/PAID zone overall plans and precise plans, zone changes, flood level variances, land excavation permits, public facility (road right-of-way) vacations, major subdivisions, minor subdivisions, and road name changes.
2. 
Environmental Impact Reports. The department of public works shall be reimbursed for reviewing documents associated with environmental impact reports.
3. 
Improvement Plan Review and Construction Inspection. The department of public works shall be reimbursed for reviewing improvements plans and associated submittals, meeting with developers or their assigned agents, preparing improvement agreements, providing construction inspection for those areas under the jurisdiction of the county, and coordinating acceptance of improvements.
a. 
Fee Amount Determination. The fee amount to be collected by the Merced County department of public works for improvement plan review and construction inspection for minor and major subdivisions shall be $523 per lot.
b. 
Payment of Fee. The developer shall pay the required fee in two increments. Half of the fee shall be paid when improvement plans are first submitted to the department of public works for review. The remaining half of the fee shall be paid either prior to the recordation of the final map or parcel map associated with the project or prior to construction of the project, whichever is earliest.
4. 
Miscellaneous Document Review and Processing. The department of public works shall be reimbursed for reviewing and processing subordination requests, soils report waiver requests, deferments of construction, improvement waivers, and other miscellaneous documents. The fee for processing a subordination request is $79. The fee for processing a soils report waiver is $79. The fee for processing a deferment of construction is $228.
(Ord. 1257, 1988; Ord. 1321, 1990; Ord. 1439, 1992; Ord. 1519, 1995; Ord. 1699 § 1, 2003; Ord. 1728 § 1, 2004; Ord. 1760 § 1, 2005; Ord. 1794 § 1, 2006; Ord. 1816 § 1, 2007; Ord. 1840 § 1, 2008; Ord. 1857 § 1, 2009)
The following improvement requirements are mandatory as stipulated in Section 16.08.030(C)(1).
A. 
Improvement Levels. The three improvement levels listed below are required to be satisfied for the various types of permits or subdivisions as specified in Section 16.08.040(B):
1. 
Improvement Level 1. Full improvements are required including:
a. 
Dedicated right-of-way or easements, including but not limited to public utility easements, necessary to contain the Improvements that are to be constructed or relocated and are proposed to be maintained by either the county or another entity.
b. 
Proposed roadways shall be constructed with, at a minimum, an asphalt concrete structural section, shoulders, and roadside drainage ditches. However, proposed roadways within an ASC, SUDP or HIC shall be constructed with curbs, gutters, and sidewalks in lieu of shoulders and roadside drainage ditches with the following two exceptions:
i. 
Proposed roadways abutting property being developed with an A-R zoning are exempt from constructing curbs, gutters, and sidewalks.
ii. 
Proposed roadways abutting property being developed with an industrial or manufacturing zoning are exempt from constructing sidewalk.
c. 
The abutting half of all existing roadways shall be widened, as measured from the center of the ultimate right-of-way, to be in conformance with the requirements for proposed roadways as stipulated in Section 16.08.040(A)(1)(b).
d. 
Install Street Lighting. Form, annex to, or include into a lighting maintenance zone of benefit.
e. 
Design and construct a storm drainage system. Developments proposing to establish a new storm water discharge into a facility not under the direct jurisdiction of Merced County or modify the environmental characteristics of storm water currently discharging into a facility not under the direct jurisdiction of Merced County shall provide written approval from the agency with jurisdiction, where jurisdiction is clearly defined. Form, annex to, or include into a drainage maintenance zone of benefit.
f. 
Provide two original copies of a soils report in conformance with Section 16.08.040(C).
g. 
Utilities.
i. 
All new extensions of electric, telephone or cable-television facilities shall be installed underground.
ii. 
Existing overhead electric, telephone or cable television facilities that will cross any newly created lot line shall be replaced with underground facilities. This requirement excludes those high-voltage electric transmission facilities that, in the opinion of the director of public works, cannot be feasibly placed underground.
iii. 
Existing overhead electric, telephone or cable television facilities located along existing peripheral roadways that may either interfere with proposed improvements or obstruct traffic visibility requirements or are within the clear zone shall be either relocated or replaced with underground facilities at the developer's option.
h. 
Existing irrigation facilities located within a development or along existing peripheral roadways that may either interfere with proposed improvements or obstruct traffic visibility requirements or are above ground level and within the clear zone shall be either modified, relocated or removed.
2. 
Improvement Level 2. The following improvements are required:
a. 
Dedicated right-of-way or easements, including but not limited to public utility easements, necessary to contain the Improvements that are to be constructed or relocated and are proposed to be maintained by either the county or another entity.
b. 
The abutting half of all existing roadways shall be widened to be in conformance with the requirements for proposed roadways as stipulated in Section 16.08.040(A)(1)(b).
c. 
Existing overhead electric, telephone or cable television facilities located along existing peripheral roadways that may either interfere with proposed improvements or obstruct traffic visibility requirements or are within the clear zone shall be either relocated or replaced with underground facilities at the developer's option.
d. 
Existing irrigation facilities located within a development or along existing peripheral roadways that may either interfere with proposed improvements or obstruct traffic visibility requirements or are above ground level and within the clear zone shall be either modified, relocated or removed.
3. 
Improvement Level 3. The following improvements shall be installed:
a. 
Construct new driveway approaches or improve existing driveway approaches.
B. 
Specific Requirements for Permit and Subdivision Approvals.
1. 
Building Permits. Any building permit for the construction of a new commercial, manufacturing, or industrial structure or for remodeling an existing structure for a new commercial, manufacturing or industrial use may be subject to offsite road improvements over and above those required below if, in the opinion of the director of public works, said use substantially impacts the road system.
a. 
All building permits within an ASC, SUDP, RRC or HIC, including those for moving in a prefabricated structure, shall satisfy Improvement Level 2 requirements for the subject parcel.
b. 
All other building permits shall satisfy Improvement Level 3 requirements for the subject parcel.
c. 
EXEMPTIONS:
i. 
Building Permits for remodeling an existing residential dwelling or for the construction of an addition comprising less than 750 square feet to an existing residential dwelling are exempt from § 16.08.040.
ii. 
Building permits for the construction of an addition comprising less than 500 square feet to an existing commercial, manufacturing, or industrial building are exempt from § 16.08.040. However, the square footage of such building permits issued over a period of five years on any individual parcel shall be cumulatively considered toward the square footage threshold value.
2. 
Conditional Use Permits: Conditional Use Permits will not be directly subject to the improvement requirements of this section. However, if a building permit will be required for the project proposed in a Conditional Use Permit, the approved use will, at the Building Permit State, be subject to the improvement requirements of § 16.08.040.
3. 
Minor and Major Subdivisions:
a. 
Major Subdivisions shall satisfy Improvement Level 1 requirements for the subject parcels.
b. 
Minor Subdivisions involving the acceptance of a new road into the County of Merced maintained system shall satisfy Improvement Level 1 requirements for the subject parcels.
c. 
Minor subdivisions involving the creation of a designated remainder parcel shall satisfy Improvement Level 1 requirements for all newly created non-remainder parcels. Improvements will be required on the designated remainder parcel when it is further developed.
d. 
Minor subdivision shall satisfy Improvement Level 1 requirements for all parcels being created where:
i. 
pursuant to the effective zoning, one or more of the proposed parcels being created may be further subdivided; and,
ii. 
the total number of parcels being created plus the number of potential additional parcels exceeds four.
e. 
All other minor subdivisions shall satisfy Improvement Level 2 requirements for the subject parcels.
f. 
At the discretion of the Department of Public Works, the requirements of this section may be superseded by the requirements of the incorporated city of major and minor subdivisions within the SUDP boundaries of an incorporated city.
g. 
EXEMPTIONS:
i. 
Minor subdivisions on property zoned A-1 or A-2 are exempt from § 16.08.040.
ii. 
Minor subdivisions that are required as a result of § 17.04.074 of this code are exempt from § 16.08.040.
iii. 
Minor subdivisions that will not create a new building site are exempt from this section.
4. 
PAID Applications: All PAID applications shall satisfy improvement Level 1 requirements for the subject parcel.
5. 
PUD Applications: All PUD applications shall satisfy Improvement Level 1 requirements for the subject parcel.
C. 
Soils Report. Whenever a soils report is required by this Chapter, it shall be of the following format:
1. 
The soils report shall be prepared by a Civil Engineer registered in the State of California.
2. 
The soils report shall be based on adequate test borings and shall recommend appropriate construction techniques and/or constraints which are likely to prevent structural damage to the types of structures proposed to be constructed.
3. 
If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, the Director of Public Works may require a soils investigation of each lot in the project.
4. 
The soils report shall contain the required information as stated in § 2.03.A of The Merced County Improvement Standards and Specifications and § 1.05.A of The Merced County Storm Drainage Design Manual.
5. 
A soils report waiver for all or parts of the required soils report may be granted by the Director of Public Works if any one of the following is satisfied:
a. 
The Design Engineer shall submit a letter requesting a soils report waiver and shall state that the soils on the project site is similar to that shown in a soils report that is currently on file at the Department of Public Works. The existing soils report shall have been conducted for a project within the general vicinity of the proposed project and shall have similar surface soil conditions as determined by a field inspection of the site by an approved representative of the Department of Public Works. If any critical soil types are indicated in the existing soils report that may require special construction, a soils report waiver shall not be granted.
b. 
The Design Engineer shall submit a letter requesting a soils report waiver and shall state that due to his personal knowledge of the soils on the project site, a soils report waiver should be granted. The Design Engineer shall recommend, in the same letter, the types of construction that will be required as a result of the soils on the project site. The Developer of the project shall arrange for a backhoe inspection of the project site with the Designing Engineer and an approved representative of the Department of Public Works in attendance. If any critical soil types are encountered during the backhoe inspection that may require special construction, a soils report waiver shall not be granted.
(Ord. 1257, 1988; Ord. 1321, 1990; Ord. 1519, 1995)
This section is based on provisions contained within Sections 66485 through 66487 of the California Government Code (Subdivision Map Act).
A. 
A developer may be required to install improvements that contain supplemental size, capacity, number, or length for the benefit of property not within the subdivision.
B. 
The county shall enter into an agreement with the developer to reimburse the developer for that portion of the cost of those improvements, including an amount attributable to interest, in excess of the construction required for the subdivision.
C. 
In order to pay the costs as required by the reimbursement agreement, the county may elect to use one of the following methods:
1. 
Collect from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision, a reasonable charge for such use; or
2. 
Contribute to the developer that part of the cost of the improvements that is attributable to the benefit to real property outside the subdivision and levy a charge upon the real property benefited to reimburse itself for such costs, together with interest thereon, if any, paid to the developer; or
3. 
Establish and maintain local benefit districts for the levy and collection of such charge or costs from the property benefited.
D. 
If the reimbursement agreement is prepared to cover improvements under the jurisdiction of an agency other than Merced County, the cost for preparing a reimbursement agreement shall be $200.
(Ord. 1774, 2006)
Improvements that are required as a result of this Chapter shall be satisfied by either construction or by posting Improvement Security. However, if the findings listed in §§ 16.08.050.B or C can be made, then a Deferment of Construction or Waiver may be obtained to satisfy the improvement requirements.
Whenever improvement requirements are to be satisfied by either construction or by posting Improvement Security, the Developer shall enter in to a Development Agreement with the Department of Public Works.
A. 
Improvement Security. If a Developer wishes to receive the permit or record the subdivision map prior to the improvements being constructed and accepted for maintenance, the Developer shall provide security to guarantee the satisfactory completion of the improvements. The types and amounts of improvement security that are acceptable to the Department of Public Works are as follows:
1. 
Security for Minor and Major Subdivision Improvements: Improvement security for minor subdivisions shall be in conformance with § 17.12.130 of this Code. Improvement security for major subdivisions shall be in conformance with § 17.08.140 of this Code.
2. 
Security for other permits: Improvement security shall be one of the following:
a. 
A cashier's check in the amount of 100% of the total estimated construction cost shall be deposited at the Department of Public Works; or,
b. 
A certified copy of a fully executed contract between the Developer and a qualified Contractor providing for the construction of the required improvements shall be submitted to the Department of Public Works. The contract shall state that the Contractor has been prepaid for the work to be done and shall state that the improvements are to be constructed within the time frame established in the Development Agreement; or,
c. 
Security provided may be in conformance with § 17.12.130 or § 17.08.140 of this Code.
B. 
Deferment of Construction. In certain circumstances, a Deferment of Construction for all or portions of the required improvements may be granted by the Director of Public Works. Deferments of Construction do not eliminate the responsibility for constructing improvements, but allow for the improvements to be constructed at some future date. Deferments of Construction cannot be granted for officially adopted mitigation measures. One of the following findings should be satisfied before a Deferment of Construction is granted:
1. 
A deferment may be granted where the Department of Public Works determines that it is impractical to install the required improvements due to the existence of a physical constraint or the potential creation or inten-sification of a storm drainage problem which can only be mitigated through construction coordination with the development of an abutting parcel or the construction of an area-wide improvement project.
2. 
A deferment may be granted when the Department of Public Works determines that construction of the required improvements would be more practical to be coordinated with the development of an abutting parcel or the construction of an area wide improvement project.
Whenever a Deferment of Construction is entered into, a lien is created on the property being developed. The Director of Public Works is authorized to endorse subordination agreements for liens that were created as a result of a recorded deferment of construction. However, liens may be subordinated only if the Director of Public Works is assured that the installation of the required improvements will not be jeopardized. The burden will be upon the applicant to prove to the Director of Public Works that the lien will not be jeopardized.
C. 
Waivers: Under extraordinary circum-stances, improvements required by§ 16.08.040 may be waived by the Director of Public Works where all of the following findings can be made:
1. 
The improvements required are not necessary to mitigate potential drainage or traffic problems that will be either created or increased as a direct result of the proposed Development Project; and,
2. 
It is not appropriate that the construction of the required improvements be deferred to some future date; and,
3. 
As a result of extraordinary circumstances stemming from the physical configuration of the property being developed, the required improvements are clearly excessive.
(Ord. 1257, 1988; Ord. 1321, 1990)
A. 
Appeal of Improvement Requirements:
1. 
The improvements specified in § 16.08.040 are mandatory requirements and no deviation may be granted by appeal or at any hearing level. Satisfaction of Improvements that are required as a result of this Chapter shall be pursuant to § 16.08.050.
2. 
The improvements required under § 16.08.030.C.2 are discretionary and may be appealed pursuant to the provisions of Chapter 17.04 of this Code.
B. 
Appeal of deferments of construction: Any person, firm, or corporation affected or aggrieved with the action of the Department of Public Works concerning whether or not a Deferment of Construction is granted or denied under the authority in § 16.08.050.B may appeal to the Board of Supervisors. Appeals shall be in writing and shall be submitted to the County Clerk within 5 working days after the determination concerning the granting or denial of a Deferment of Construction has been made by the Director of Public Works.
C. 
Appeal of Subordination of Liens: Any person, firm, or corporation affected or aggrieved with the action of the Department of Public Works concerning whether or not a Subordination is granted or denied under the authority in § 16.08.050.B may appeal to the Board of Supervisors. Appeals shall be in writing and shall be submitted to the County Clerk within 5 working days after the determination concerning the granting or denial of a subordination has been made by the Director of Public Works.
D. 
Appeal of Waivers: Any person, firm, or corporation affected or aggrieved with the action of the Department of Public Works concerning whether or not a waiver is granted or denied under the authority in § 16.08.050.C may appeal to the Board of Supervisors. Appeals shall be submitted in writing to the County Clerk within a working days after the determination concerning the granting or denial of a waiver has been made by the Director of Public Works.
(Ord. 1257, 1988; Ord. 1321, 1990)
The Roads Division of the Department of Public Works is established as the lead division in connection with the enforcement of this Chapter.
The Buildings Division of the Department of Public Works is directed to obtain written confirmation from the Roads Division that improvements required in connection with this Chapter have been secured prior to the issuance of any permit.
(Ord. 1257, 1988; Ord. 1321, 1990)