The purposes of this Article are as follows:
(a) 
To require dedications of right-of-way and construction of necessary improvements in connection with the issuance of building permits, and certain other permits and certificates, pursuant to the police power of the County. In accordance with Section 65909 of the Government Code of the State of California, the dedications and improvements required pursuant to this Article shall be reasonably related to the use of the property for which the permit or certificate is issued.
(b) 
To require construction of required improvements in connection with final maps and parcel maps when such construction was deferred at the time of approval of the final map or parcel map in accordance with Part 7 (Land Use Regulation and Planning), Article 11 (Revision of Tentative Map), Section 7-01-2075 (Deferring Construction of Improvements) or Article 15 (Parcel Maps), Section 7-01-2450 (Deferring Construction of Improvements) of this Ordinance Code.
(Amended by Ord. No. 3457, effective 4-17-14)
This Article applies to all permits and certificates which are issued for the following purposes:
(a) 
Permits for construction of new buildings and structures issued pursuant to this Chapter, except those which are accessory to the main use of the property and contain less than one thousand (1,000) square feet of covered floor space, and except those buildings and structures that come within a Group U Occupancy under the California Building Code as adopted by said Article 1.
(b) 
Permits for all additions to existing buildings and structures except the following:
(1) 
Additions to single family residences.
(2) 
Additions to buildings and structures which are accessory to the main use on the property if the total covered floor area of the accessory building will be less than one thousand (1,000) square feet after the addition.
(c) 
Permits for relocation of buildings and structures issued pursuant to Article 5 (Relocation of Buildings) commencing with Section 7-15-1210 (Definitions) of this Chapter.
(d) 
Certificates of occupancy of mobile homes and travel trailers issued pursuant to Article 13 (Supplemental Inspection of Mobile Home Facilities) commencing with Section 7-15-1650 (Application) of this Chapter.
(Amended by Ord. No. 3147, effective 1-19-96; amended by Ord. No. 3457, effective 4-17-14)
(a) 
If the property on which the proposed building or structure will be located is two and one-half (2 1/2) acres or less in area, and the permit or certificate applied for pertains only to a single-family residence or mobilehome or a building or structure accessory to such a residence or mobilehome, the applicant for the permit or certificate shall dedicate to the County the additional right-of-way required to widen any contiguous road in accordance with subsection (c) below.
(b) 
If the property on which the proposed building or structure will be located is ten (10) acres or less in area, and the permit or certificate applied for pertains to a building or structure which is not a single-family residence or mobilehome or a building or structure accessory to such a residence or mobilehome, the applicant for the permit or certificate shall dedicate to the County the additional right-of-way required to widen any contiguous road in accordance with subsection (c) below.
(c) 
Dedications under this section shall be to widen the contiguous road to the ultimate right-of-way for the road as specified for road classifications in the improvement standards which are referred to in Part 7 (Land Use Regulation and Planning), Article 13 (Final Map), Section 7-01-2025 (Same: Improvement Standards) of this Ordinance Code. If the property on which the building or structure will be located does not have any frontage on a County road, no dedication shall be required. The executed deed shall be submitted to the Resource Management Agency Director or authorized representative to the issuance of the permit or certificate.
(Amended by Ord. No. 3457, effective 4-17-14)
Regardless of the provisions of Section 7-15-1950 (Dedication of Right-of-Way) of this Article, no dedication of right-of-way shall exceed the dedication which would be required under the procedure for parcel maps as set forth in Article 15 (Parcel Maps), Section 7-01-2150 (Purpose) et seq. of this Ordinance Code. If no such dedication would be required if the property for which the permit or certificate is requested were a parcel being created under said parcel map procedure, then no dedication is required under this Article.
(Amended by Ord. No. 3457, effective 4-17-14)
Regardless of the provisions of Section 7-15-1950 (Dedication of Right-of-Way) of this Article, no dedication of right-of-way shall be required if the building, structure, mobilehome or travel trailer can only be used or occupied for a period of one (1) year or less because of a restriction imposed by a use permit, variance or any other type of permit granted by a County officer, board or commission. However, if such use permit, variance or other permit is thereafter extended or renewed for the same building, structure, mobilehome or travel trailer so as to allow such use or occupation to continue for an additional period of time, and the total period of time under the original and the subsequent use permit, variance or other permit will exceed one (1) year, the County officer, board or commission shall require the permittee to dedicate right-of-way in full compliance with the provisions of this Article when granting the use permit, variance or other permit.
(Amended by Ord. No. 3457, effective 4-17-14)
If the Resource Management Agency Director or authorized representative determines that the additional right-of-way to be dedicated under Section 7-15-1950 (Dedication of Right-of-Way) of this Article will not be beneficial to the County, or a city that might be the successor in interest to the County, or that the dedication will not be beneficial to the area served by the road, or that it will probably not be used for road widening even if it is dedicated, such right-of-way otherwise required to be dedicated may be waived.
(Amended by Ord. No. 3457, effective 4-17-14)
Deeds conveying to the County the right-of-way required under this Article shall be properly executed by the owner of the property and by all parties having an interest in the property including, but not limited to, beneficiaries and trustees of deeds of trust and persons holding mortgages and liens on the property being dedicated.
(Amended by Ord. No. 3457, effective 4-17-14)
(a) 
In addition to the dedications of right-of-way required under this Article, the person securing a permit or certificate shall also be required to construct certain improvements as a condition of issuance of the permit or certificate. The improvements which are to be constructed shall be curbs and gutters, road construction, and any other public improvements which will be located on the property for which the permit or certificate is issued and relate to a traffic or drainage problem arising from the property or the building, structure or mobilehome proposed to be constructed on or moved onto the property.
(b) 
Improvements are not required under this section on private roads, unless required for Fire and Sheriff protection.
(c) 
This section shall not apply to a person who is required to construct deferred final map or parcel map improvements pursuant to Section 7-15-1995 (Improvements: Deferred Subdivision and Parcel Map Improvements) of this Article.
(Amended by Ord. No. 3457, effective 4-17-14)
Regardless of the provisions of Section 7-15-1975 (Improvements Other Than Subdivisions) of this Article, no improvements shall be required that exceed the required improvements under the procedure for parcel maps as set forth in Part 7 (Land Use Regulation and Planning), Article 15 (Parcel Maps), Section 7-01-2150 (Purpose) et seq. of this Ordinance Code. If a particular improvement would not be required if the property for which the permit or certificate is requested were a parcel being created under such parcel map procedure, then such an improvement shall not be required under this Article.
(Amended by Ord. No. 3457, effective 4-17-14)
Regardless of the provisions of Section 7-15-1975 (Improvements Other Than Subdivisions) of this Article, no improvements shall be required if the building, structure, mobilehome or travel trailer can only be used or occupied for a period of one (1) year or less because of a restriction imposed by a use permit, variance or any other type of permit granted by a County officer, board or commission. However, if such use permit, variance or other permit is thereafter extended or renewed for the same building, structure, mobilehome or travel trailer so as to allow such use or occupation to continue for an additional period of time, and the total period of time under the original and the subsequent use permit, variance or other permit will exceed one (1) year, the County officer, board or commission shall include a condition requiring the permittee to construct all required improvements in full compliance with the provisions of this Article when granting the use permit, variance or other permit.
(Amended by Ord. No. 3457, effective 4-17-14)
(a) 
If the Resource Management Agency Director or authorized representative determines that the construction of any improvements that would ordinarily be required under Section 7-15-1975 (Improvements Other Than Subdivisions) of this Article will not be beneficial within the next twenty (20) years to either the County or the area served by the road or other improvement, the requirement that such improvements are to be constructed may be waived.
(b) 
If the improvements required under Section 7-15-1975 (Improvements Other Than Subdivisions) are in relation to a road that reasonably might be annexed to a city within the next twenty (20) years, the Resource Management Agency Director or authorized representative may waive the requirement that such improvements be constructed only if both the Resource Management Agency Director or authorized representative and the City Engineer of such city agree that the improvements will not be beneficial within the next twenty (20) years to either the County, the area served by the road, or the city. If the Resource Management Agency Director or authorized representative and the City Engineer do not agree on such waiver, the Resource Management Agency Director or authorized representative shall notify the Board of Supervisors of the disagreement and the Board, after hearing both positions, shall render the final decision at a regular public meeting.
(Amended by Ord. No. 3457, effective 4-17-14)
(a) 
When a final subdivision map has been approved, and construction of any improvements was deferred in accordance with Part 7 (Land Use Regulation and Planning), Article 13 (Final Map), Section 7-01-2075 (Deferring Construction of Improvements) of this Ordinance Code, such deferred improvements shall also be constructed in accordance with the requirements of Chapter 15 (Building Regulations). The person securing a permit or certificate shall be required to construct the deferred improvements which were required at the time of approval of the tentative subdivision map. Any agreement which has been entered into pursuant to Part 7 (Land Use Regulation and Planning), Article 9 (Tentative Map), Section 7-01-1775 (Remainder Parcel Off-site Improvements) of this Ordinance Code shall also govern construction of such deferred improvements.
(b) 
When a final parcel map has been approved, and construction of any improvements was deferred in accordance with Part 7 (Land Use Regulation and Planning), Article 15 (Parcel Maps), Section 7-01-2450 (Deferring Construction of Improvements) of this Ordinance Code, such deferred improvements shall also be constructed in accordance with the requirements of this Chapter. The person securing a permit or certificate shall be required to construct the deferred improvements which were required at the time of approval of the tentative parcel map. Any agreement which has been entered into pursuant to Part 7 (Land Use Regulation and Planning), Article 15 (Parcel Maps), Section 7-01-2335 (Same: Offsite Improvements) of this Ordinance Code shall also govern construction of such deferred improvements.
(Amended by Ord. No. 3457, effective 4-17-14)
The improvements required to be constructed pursuant to this Article shall be constructed in conformity with the improvement standards which are referred to in Part 7 (Land Use Regulation and Planning), Article 13 (Final Map), Section 7-01-2025 (Same: Improvement Standards) of this Ordinance Code.
(Amended by Ord. No. 3457, effective 4-17-14)
(a) 
Prior to the issuance of the permit or certificate, the applicant shall enter into an agreement with the County wherein the applicant will be required to construct the required improvements by the following dates:
(1) 
Prior to final inspection, or issuance of a certificate of occupancy for the work or project authorized by the permit or certificate, where the required security is provided pursuant to subsection (a) of section 7-15-2015 (Security for Improvements) of this Article.
(2) 
Within a period of six (6) months after the date of issuance of the permit or where the required security is provided pursuant to subsection (b) of Section 7-15-2015 (Security For Improvements) of this Article.
(b) 
The Board of Supervisors shall approve a form agreement pertaining to the construction of such improvements. The Resource Management Agency Director or authorized representative is authorized to execute, on behalf of the County of Tulare, such agreements in the approved form.
(Amended by Ord. No. 3457, effective 4-17-14)
(a) 
Under such an agreement between the County and the applicant, the Resource Management Agency Director or authorized representative shall be given the power to extend the time set forth in subsection (a)(2) of Section 7-15-2005 (Agreement To Construct Improvements) of this Article beyond the initial six (6) month period specified in the agreement. The Resource Management Agency Director or authorized representative may grant such an extension of time when it is found by the Resource Management Agency Director or authorized representative good cause to do so. However, when such an extension of time is granted, the security previously deposited shall be reviewed in accordance with Section 7-15-2015 (Security For Improvements) of this Article and if it is determined that the estimated cost to the County to construct the required improvements has increased, the time for completion of improvements shall not be extended until the applicant has deposited additional security so that the total security is one hundred twenty five percent (125%) of the new estimated cost.
(b) 
If an applicant is dissatisfied with the decision of the Resource Management Agency Director or authorized representative on a request for an extension of time or any additional security required by the Resource Management Agency Director or authorized representative, the applicant may appeal pursuant to Section 7-15-2030 (Appeal) with the appropriate appeal filing fee to the Board of Supervisors, and the Board of Supervisors upon receipt of the appeal and appeal filing fee shall hear and decide said appeal in accordance with the provisions of said Section 7-15-2030 (Appeal).
(Amended by Ord. No. 3457, effective 4-17-14)
The person requesting the permit or certificate shall provide the Resource Management Agency Director or authorized representative with security sufficient to assure that the requesting party will make the improvements required by this Article in accordance with said agreement. Such security shall be in one of the following forms:
(a) 
An agreement by the requesting party that no portion of the work or project authorized by the permit or certificate shall be eligible for any required final inspection or issuance of a certificate of occupancy until the improvements required by this Article have been completed to the satisfaction of the Resource Management Agency Director or authorized representative and written evidence of such satisfaction has been filed by the Resource Management Agency Director or authorized representative or with the Resource Management Agency Director or authorized representative. Such agreement may be executed by the Resource Management Agency Director or authorized representative, on behalf of the County of Tulare, on a form approved by the Board of Supervisors.
(b) 
A deposit of security with the Resource Management Agency Director or authorized representative in favor of the County of Tulare and in one of the following forms:
(1) 
A deposit of cash with the Resource Management Agency, or in escrow with a responsible escrow agent or trust company.
(2) 
An instrument of credit from one or more financial institutions subject to regulation by the California State or Federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.
(3) 
An assignment or transfer of rights in an account, deposit or certificate insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, in or with one or more financial institutions subject to regulation by the California State or Federal government, upon a form approved by the Board of Supervisors.
(4) 
A certificate of deposit issued by a financial institution regulated by the California State or Federal Government, issued in favor of the County of Tulare, and allowing the County to receive cash in exchange for the certificate at least once during each six (6) month period.
Such security shall be in the amount of one hundred twenty five percent (125%) of the estimated cost to the County to construct the required improvements through contract with a contractor should the requesting party fail to comply with his agreement to construct the improvements. Said estimated cost shall be determined by the Resource Management Agency Director or authorized representative.
(Amended by Ord. No. 3457, effective 4-17-14)
If the Resource Management Agency Director or authorized representative determines at any time that it is not feasible for the applicant or permittee, or in the best interests of the County, for the required improvements to be constructed within the periods of time set forth in Section 7-15-2005 (Agreement To Construct Improvements) of this Article, the applicant or permittee shall, in lieu of complying or continuing to comply with Section 7-15-2005 (Agreement To Construct Improvements) of this Article, do one of the following:
(a) 
Make a deposit of money with the Resource Management Agency Director or authorized representative in an amount calculated as set forth in subsection (b) of Section 7-15-2015 (Security for Improvements) of this Article. When such a deposit has been made, the applicant shall thereafter have no further duties or liabilities in connection with the construction of the improvements. The deposit shall be held by the County, pursuant to an agreement between the applicant and the County, in a trust account and shall be used by the County solely to pay for the required work and the costs of managing the trust account. If the work has not been completed within twenty (20) years after the date of the deposit, the County shall return the amount deposited to the applicant or his heirs or assigns, along with interest thereon at a rate equal to the average rate of return earned by the County on its investments during those full calendar quarters during which the deposit was held, less one (1) full percentage point to be retained by the County to cover the costs of administering the trust account. The trust account agreement shall be on a form approved by the Board of Supervisors. The Resource Management Agency Director or authorized representative is authorized to execute such agreements on behalf of the County on the approved form.
(b) 
Enter into, or, if the applicant is not the owner, have the owner enter into an agreement with the County to construct the required improvements within sixty (60) days of receipt of a written demand by the Resource Management Agency Director or authorized representative. The agreement shall provide that failure to perform in a timely fashion shall entitle the County to make its own arrangements for construction of the improvements, and the cost thereof, including the reasonable costs of the Resource Management Agency in causing the work to be done and supervising it, shall constitute both a personal obligation of the owner and a lien on the real property for which the permit or certificate was issued. The term of the agreement shall be twenty (20) years from the date of issuance of the permit or certificate. The agreement shall be on a form approved by the Board of Supervisors and shall be executed by the Resource Management Agency Director or authorized representative on behalf of the County. The agreement shall be recorded by the Resource Management Agency Director or authorized representative in the office of the County Clerk/Recorder/Assessor, and from the date of recordation shall be binding upon the heirs, successors, and assigns of the owner as a covenant running with the land. Making a deposit or entering into any agreements under the foregoing subsections shall not preclude the applicant or owner, if the applicant was not the owner, from requesting permission to complete the improvements at his own expense prior to the determination by the Resource Management Agency Director or authorized representative to require the construction. The Resource Management Agency Director or authorized representative may require, as a condition for granting such permission, that the owner or applicant take whatever measures the Director deems necessary to prevent such early construction from causing injury to the property of any public entity or private person other than the property owner. Upon completion of the improvements to the satisfaction of the Resource Management Agency Director or authorized representative, any deposit made hereunder shall be returned to the person who made the deposit or his heirs or assigns in the manner set forth in subsection (a) of Section 7-15-2020 (Deferred Improvements: Security By Deposit Or Lien) of this Article; any agreement made hereunder shall be canceled; and written notice of such cancellation shall be given and may be recorded in the manner set forth in subsection (a) of Section 7-15-2060 (Release Of Security) of this Article.
(Amended by Ord. No. 3457, effective 4-17-14)
When an application for a permit or certificate which comes within the provisions of this Article is filed with the Resource Management Agency Director or authorized representative, the Resource Management Agency Director or authorized representative shall advise the Assistant Director of Public Works of the filing of the application and necessary details concerning the property affected by the application. The Resource Management Agency Director or authorized representative shall determine the specific dedications and improvements which are required to be made under this Article, and shall advise the Assistant Director Planning and the applicant of the Director’s determination.
(Amended by Ord. No. 3457, effective 4-17-14)
When the applicant has been advised, pursuant to Section 7-15-2025 (Determination of Requirements) of this Article, of the dedications and improvements that the applicant will be required to make, the applicant may appeal in accordance with Section 165 (Administrative Appeals) to the Board of Supervisors from the determination by the Resource Management Agency Director or authorized representative; provided, however, that a person required to construct deferred improvements in connection with a final map or a parcel map, pursuant to Section 7-15-1995 (Improvements: Deferred Subdivision and Parcel Map Improvements) of this Article, is not entitled to appeal with regard to the nature or extent of deferred improvements which the applicant is required to construct. A notice of appeal shall be in writing, shall state specifically what requirement is being appealed from and shall be filed along with the appeal filing fee with the Clerk of the Board of Supervisors. The Clerk of the Board shall set the matter for hearing before the Board at a meeting to be held within twenty (20) days after the date of filing the appeal. The Clerk shall give notice of the time of the hearing to the person filing the appeal, the Resource Management Agency Director or authorized representative. The Board of Supervisors shall hear the matter de novo. The decision of the Board of Supervisors after such hearing shall be final and conclusive as to all things involved in the matter. The Clerk of the Board shall give written notice of the decision to the applicant, the Resource Management Agency Director or authorized representative.
(Amended by Ord. No. 3457, effective 4-17-14)
Judicial review of a decision of the Board of Supervisors made after a hearing pursuant to this Article, if the decision denies the permit, shall be made pursuant to Section 1094.6 of the Code of Civil Procedure of the State of California. The method of judicial review, the time limits for judicial review, and all of the other provisions of said Section 1094.6 shall govern such judicial review. When giving written notice to the applicant that the permit has been denied, the Board of Supervisors shall provide notice to the applicant that the time within which judicial review must be sought is governed by said Section 1094.6.
(Amended by Ord. No. 3457, effective 4-17-14)
When the property to be dedicated for right-of-way and the improvements to be constructed have been determined in accordance with the provisions of this Article, and when the applicant has delivered the required deeds and has entered into the agreement required by Section 7-15-2005 (Agreement to Construct Improvements) of this Article and provided the security for construction of the required improvements in accordance with Section 7-15-2015 (Security for Improvements) of this Article, or has made the deposit or entered into the lien agreement authorized by Section 7-15-2020 (Deferred Improvements: Security By Deposit or Lien) of this Article, the Resource Management Agency Director or authorized representative shall authorize the issuance of the permit or certificate.
(Amended by Ord. No. 3457, effective 4-17-14)
When a person has entered into an agreement with the County to construct required improvements, and the permit or certificate which the applicant was issued becomes null and void for any reason, without any work having been performed under the permit or certificate, and the improvements required by the agreement have not been constructed, the Resource Management Agency Director or authorized representative shall, at the request of said person, terminate the agreement by mutual consent of the parties and release the security.
(Amended by Ord. No. 3457, effective 4-17-14)
If the property on which the required improvements are to be constructed is annexed to a city prior to completion of the improvements, the County may assign to the City all of its rights and responsibilities in regard to said improvements conferred by this Article and transfer the security on deposit, if any, to the City Council of the City. The City Council, or the City official designated by the City Council, shall thereafter have the right to require and/or arrange completion of the improvements and, in this respect, the City Council or its designee shall be deemed to have all of the powers conferred upon the Resource Management Agency Director or authorized representative by this Article.
(Amended by Ord. No. 3457, effective 4-17-14)
Where security has been provided pursuant to Section 7-15-2015 (Security for Improvements) of this Article, failure to perform the work in the manner required by this Article within the time set forth in the agreement or upon expiration of any extension of time granted by the Resource Management Agency Director or authorized representative shall have the following consequences:
(a) 
If the security was provided pursuant to subsection (a) of Section 7-15-2015 (Security for Improvements) of this Article, the Resource Management Agency Director or authorized representative shall be notified in writing of any request for a final inspection or issuance of a certificate of occupancy. Upon receipt of such notice, the Resource Management Agency Director or authorized representative shall be notified as to whether the required improvements have been completed in a satisfactory manner. The Resource Management Agency Director or authorized representative shall refuse to conduct any final inspection of, or issue any certificate of occupancy for, the work or project for which the permit or certificate was issued until satisfactory completion of the work is documented.
(b) 
If the security was provided pursuant to subsection (b) of Section 7-15-2015 (Security of Improvements) of this Article, the Resource Management Agency Director or authorized representative shall mail a notice to the person who deposited the security at the address set forth in the agreement. The notice shall advise the person that if the required work is not completed in full compliance with the agreement within sixty (60) days after the date of mailing of the notice, the Resource Management Agency Director or authorized representative will cause the required work to be performed, and the security on deposit will be used to pay the costs of performing said work, including the reasonable costs of the Resource Management Agency in causing said work to be done and supervising it. The Resource Management Agency Director or authorized representative may have such work performed by contract or by any other means legally available. Upon completion of the work, the balance, if any, of such deposit, after deducting therefrom the cost of performing the work and the reasonable costs of the Resource Management Agency in causing the work to be done and supervising it, shall be returned to the person who made the deposit or the applicant heirs, successors or assigns. If the security was in the form of cash or a cashier’s check made payable to the County, said deposit shall, if invested, earn interest thereon and a portion of that interest shall be returned with the return of the deposit in the manner prescribed by subsection (b) of Section 53079 of the Government Code.
(Amended by Ord. No. 3457, effective 4-17-14)
(a) 
When the person receiving the permit or certificate has completed the construction of improvements pursuant to this Article, he shall give written notice to the Resource Management Agency Director or authorized representative. If the Resource Management Agency Director or authorized representative determines that such work has been completed in a satisfactory manner in compliance with the provisions of all applicable statutes, ordinances, encroachment and other permits, and improvement standards, he shall authorize the release of the security. Where the security was provided pursuant to subsection (a) of Section 7-15-2015 (Security for Improvements) of this Article, the security shall be released by filing written notice thereof with the Resource Management Agency Director or authorized representative. Where the security was provided pursuant to subsection (b) of Section 7-15-2015 (Security for Improvements), the security shall be released by mailing notice thereof to the owner and returning the cash deposit or security instrument to the depositor or surety. Where the security was provided pursuant to subsection (b) of Section 7-15-2020 (Deferred Improvements: Security by Deposit or Lien) of this Article, the security shall be released by mailing notice thereof in a recordable form to the owner. The owner shall have sole responsibility for recording this notice in the Office of the County Clerk/Recorder/Assessor.
(b) 
In those cases where more than one item or work is to be performed, the Resource Management Agency Director or authorized representative may, from time to time, authorize a partial release of such security, so long as sufficient security is retained to cover the uncompleted portion of the work.
(Amended by Ord. No. 3457, effective 4-17-14)