DATE:
December 6, 2023
05
TO:
Board of Supervisors
SUBJECT
Title
EXTENSION OF PERFORMANCE COMPLETION DATES ON VARIOUS SECURED IMPROVEMENT AGREEMENTS TO COMPLETE SUBDIVISION IMPROVEMENTS AND RELATED CEQA EXEMPTION (DISTRICTS: 2, 3 & 5)
Body
OVERVIEW
Within the existing legal boundaries of their property, private property owners may use the County of San Diego's (County) land development process to further subdivide their land, creating new internal legal lots and boundaries, which are recorded on subdivision maps. Subdivision developers, as conditions of their permits, are often required to construct specific improvements that benefit the public, such as roads and storm drainage systems. In many cases, these improvements are accepted by the County to be owned, operated, and maintained by the Department of Public Works (DPW) in perpetuity.
Subdivision improvement agreements and the requirement for developers to provide security (i.e., a bond or other financial instrument) are executed at the time of final map approval in order to ensure that any required improvements are constructed for approved subdivisions with a recorded map. The security amount is 100% of the total estimate of the improvements, conditioned on the developer's completion of the improvements listed in the agreement, and an additional amount of 50% securing payment for labor and materials in the event the developer does not complete the improvements as required. If a developer defaults without completing the improvements included in the subdivision improvement agreement, this security can be used to finance the completion of the required improvements.
The San Diego County Code of Regulatory Ordinances allows for and establishes the requirements for time extensions for the completion of these required improvements on private development subdivisions in order to grant the developer additional time to complete construction, while simultaneously preserving the County's rights to have t...
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