§ 22.64.040. Performance Guarantees.

When required by the provisions of this Title, or by condition of approval of a Minor Use Permit or Conditional Use Permit, appropriate security or guarantees shall be provided by the applicant as set forth in this Section. A bond is used to guarantee the proper completion of required improvements, drainage facilities, grading, revegetation, site restoration after use, reclamation and/or removal of structures, equipment or other materials, preservation of certain site features, or compliance with other provisions of this Title or conditions of approval. The guarantee shall be a bond or other secured contractual guarantee, unless otherwise provided in Article 4 (Standards for Specific Land Uses). The use of the terms bond, guarantee and security in this Section shall all mean guarantees of performance.

A.

Posting. The guarantee shall be posted with the Department, with the County of San Luis Obispo named as beneficiary.

B.

Form of bond. A surety bond or other guarantee shall be in a form approved by the County Counsel, including default provisions, and shall provide that in the event suit is brought upon the bond by the County and judgment is recovered, the surety shall pay all costs incurred by the County in the suit, including reasonable attorneys' fees to be fixed by the court.

C.

Amount of bond. The guarantee shall be of an amount established by the Director equal to the actual cost of completing the specified improvements, restoration, or satisfying conditions of approval. Provided, however, that where a guarantee is required by Conditional Use Permit condition of approval to preserve identified site features, the guarantee shall be in an amount the Commission deems necessary to assure compliance with the applicable condition.

D.

Release of bond. At the request of an applicant, or before the expiration of a bond or guarantee, the Director will review the project and issue a completion statement if all provisions of this Title and conditions of approval have been met. Upon issuance of the completion statement, the guarantee, bond or cash deposit will be released. If the Director determines the project does not meet the applicable requirements, the applicant shall be notified in writing of the deficiencies. A time period for their correction shall be mutually agreed upon by the applicant and the Director, with the security being held until all the requirements are satisfied. Where no agreement is reached following written notification by the Director, or where an agreed time period for completion is exceeded, the bond shall be called.

[Amended 1992, Ord. 2553] [22.02.060]