Chapter 7.12

IMPROVEMENTS, MONUMENTATION AND SECURITY

• (a) The subdivider shall grade and improve or agree to grade and improve all land shown on the final tract or parcel map for those dedications listed in Section 7.10.010. This shall be accomplished in compliance with the requirements of the approved tentative map in such a manner and with such improvements as are necessary for the general use of the lot or parcel owners in the subdivision and local traffic and drainage needs as a condition precedent to the approval and acceptance of the final tract or parcel map. All elevations shall be based on current Orange County Surveyor Vertical Datum. The grading plans and improvement plans shall make reference to the bench mark and elevation used for the design and engineering.

• (b) The subdivider may be required to improve or agree to improve those dedications which are necessary or convenient to ensure conformity to or implementation of the General Plan.

• (Added by Ord. 95-03, 2/14/95)

• (a) Required improvements shall be noticed by certificate on the final parcel map or the instrument evidencing waiver of the parcel map. Except as otherwise specified in Subsection (c) of this Section, the certificate shall include a requirement for fulfillment of such improvements prior to issuance of any building permit or other grant of approval for development of the parcel, or for installation of the improvements at such earlier time as provided in the agreement.

• (b) The agreement required by Section 7.12.030 shall be entered into prior to the Director's approval of the parcel map for recordation, or prior to granting a waiver of the parcel map. Except as otherwise specified in Subsection (c) of this Section, the agreement shall provide for installation of the improvements prior to the granting of any building permit or other grant of approval for development of the parcel, or for the installation of the improvements at such earlier time as provided in the agreement.

• (c) The requirements for installation of the improvements prior to issuance of building permits may be omitted from a parcel map when such a requirement is not a condition of approval of the parcel map or waiver of parcel map.

• (Added by Ord. 95-03, 2/14/95)

Improvements shall be designed and constructed in accordance with the standards of design contained in Chapter 7.08 of this Code, the Standard Plans, and any other applicable standards adopted by the City Council.

(Added by Ord. 95-03, 2/14/95)

All improvement plans for the improvements proposed to be installed within or supplemental to the final tract or parcel map must be approved by the appropriate agency prior to approval of the

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City of Dana Point, CA

DANA POINT CODE

§ 7.12.025

§ 7.12.050

final tract or parcel map. (Added by Ord. 95-03, 2/14/95)

If any improvements are not completed satisfactorily or any monuments not set before the final tract or parcel map is approved, the subdivider shall enter into an agreement with the City whereby, in consideration of the approval by the City of the final tract or parcel map, the subdivider agrees to perform and to furnish the equipment and material necessary to complete the required work within the time specified in the agreement. Such agreement shall be accompanied by security as provided in Sections 7.12.040 and 7.12.050. (Added by Ord. 95-03, 2/14/95)

Subdivider(s) submitting detailed plans and specifications for approval required by Section 7.12.025 shall pay plan checking, engineering and inspection fees as established by resolution of the City Council:

• (a) Engineering fee prior to approval of the plan check by the City Engineer; and

• (b) Inspection fee prior to starting construction of bonded improvement at then applicable rates.

(Added by Ord. 95-03, 2/14/95)

Security in the form specified by the Subdivision Map Act shall be furnished with every improvement agreement.

• (a) If bonds are furnished by one of the authorized corporate sureties:

  • (1) A performance bond in the amount of 100% of the estimated cost of the improvement.

  • (2) A payment bond in the amount of 100% of the estimated cost of the improvement.

• (b) If money, instrument of credit or negotiable bonds are furnished, the amount of the security shall be 100% of the estimated cost of the improvement. Said money, instrument of credit or negotiable bonds shall apply to both faithful performance and payment to the contractor, subcontractor, laborers, materialmen and other persons employed in the performance of the agreement.

(Added by Ord. 95-03, 2/14/95)

The Director is authorized to release security in accordance with the provisions of the Subdivision Map Act and the Dana Point Municipal Code herein. (Added by Ord. 95-03, 2/14/95)

• (a) Monuments shall be set for each tract and parcel map in accordance with the provisions of

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City of Dana Point, CA § 7.12.050

SUBDIVISIONS

• (b) The agreement referred to in Section 7.12.030 shall be accompanied by security in a sum not less than the cost of setting such monuments.

(Added by Ord. 95-03, 2/14/95)

The Director is authorized to grant an extension of time to the agreement as specified in Section 7.12.030 if, in the Director's opinion, a delay in the completion of the improvements is justified and the delay will not cause substantial inconvenience to the general public. (Added by Ord. 95-03, 2/14/95)

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City of Dana Point, CA

SUBDIVISIONS

§ 7.14.010

§ 7.14.015