Chapter 17.42


17.42.010    Acceptance of deed of trust.

17.42.020    Work and fees to which chapter applies.

17.42.030    Conditions.

17.42.040    All costs to be paid by subdivider.

17.42.050    Review by county counsel’s office.

17.42.060    Time for payment or completion of work.

17.42.010 Acceptance of deed of trust.

Subject in all cases to the approval of the board of supervisors and satisfaction of all conditions referenced in this chapter within the time limits set forth in this chapter, in lieu of payment of cash or obtaining a bond as security for off-site road improvement work or mitigation fees to cover the cost of improvement work on roads located outside the subdivision but contiguous to it, in a minor subdivision (four or fewer parcels being created), the subdivider may execute, acknowledge, and deliver a promissory note secured by a deed of trust on the property to be subdivided, the deed of trust on the property to be subdivided, the principal amount of which note shall be the sum of all off-site improvement mitigation fees plus an amount equal to the engineer’s estimate by the department of public works of the cost of required off-site road improvements for the subdivision.  (Ord. 1177 §1(part), 1988).

17.42.020 Work and fees to which chapter applies.

The provisions of this chapter apply only to off-site road improvement work and/or mitigation fees to be used toward such road improvement work, for roads which are not included in or created by the subdivision, but are contiguous to it.  (Ord. 1177 §1(part), 1988).

17.42.030 Conditions.

A deed of trust may be used as security for the payment of required road mitigation fees or completion of off-site road improvements only upon the following conditions, in addition to any others which may be imposed by the board of supervisors:

A.    The deed of trust shall be a first deed of trust upon the entire property to be subdivided, with the priority of such deed of trust to be established by a preliminary title report and subsequent policy of title insurance in not less than the total amount of the promissory note secured by the deed of trust issued by a local title company acceptable to the county.

B.    The total amount of the promissory note secured by the deed of trust shall not exceed fifty percent of the value of the unsubdivided land sought to be subdivided, as deter mined by an impartial appraisal by an appraiser acceptable by the county.

C.    The subdivider and the county shall enter into a subdivision improvement agreement prior to recording the parcel map.  (Ord. 1177 §1(part), 1988).

17.42.040 All costs to be paid by subdivider.

Subdivider shall pay all costs incurred in connection with the procedure set forth in this chapter, including, but not limited to title insurance fees, appraisal fees, recording fees, reasonable fees of county counsel’s office in reviewing documents, public works department processing fee for such applications, if any.  (Ord. 1177 §1(part), 1988).

17.42.050 Review by county counsel’s office.

All proposed promissory notes, deeds of trust, and subdivision improvement agreements described in this chapter shall be subject to the review and approval of the county counsel’s office.  (Ord. 1177 §1(part), 1988).

17.42.060 Time for payment or completion of work.

The promissory notes and/or deeds of trust securing promissory notes as referenced in this chapter shall provide that all road mitigation fees shall be paid and all off-site road improvement work shall be completed not later than the date that the tentative parcel map for the property being subdivided would expire, or upon such earlier date as may be specified by the board of supervisors.  (Ord. 1177 §1(part), 1988).