§ 16.08

Improvement plans shall be prepared by a registered civil engineer licensed by the State of California, and shall include, but not be limited to, all improvements required in this title. (Prior code § 159.30.210)

The form, content and supporting data of an improvement plan shall conform to the requirements of the City Engineer.

(Prior code § 159.30.210(1))

• A. The subdivider shall submit the preliminary improvement plans and all supporting data to the City Engineer for review. The subdivider shall revise the improvement plans until in final form as deemed by the City Engineer. Upon completion of the improvement plans and satisfaction of all other requirements of this Zoning Ordinance, the subdivider shall transmit the original set of improvement plans to the City Engineer for final review and signature. The originals shall be retained by the City.

• B. Approval by the City Engineer shall in no way relieve the subdivider or the subdivider’s engineer from responsibility for the design of the improvements and for any error, omission or any deficiency resulting from the design or from any required conditions or approval of the tentative map.

(Prior code § 159.30.210(2))

• A. By Subdivider. Requests by the subdivider for revisions to the approved plans, appearing necessary during construction, shall be submitted in writing to the City Engineer and shall be accompanied by revised drawings showing the proposed revision(s) and appropriate fees. If found acceptable and consistent with the approved tentative map, the amended originals shall be initialed by the City Engineer. Construction of any proposed revision(s) shall not proceed until the revised plans have been initialed by the City Engineer.

• B. By City Engineer.

  1. When revisions are deemed necessary by the City Engineer to protect the public health and safety, or as field conditions may require, a request shall be made to the subdivider. The subdivider shall revise the plans and transmit the original(s) to the City Engineer for initialing within the time specified by the Engineer.

  2. Construction of all, or any portion of, the improvements may be stopped by the City Engineer, in compliance with the municipal code, until the revised drawings have been submitted, approved and initialed.

(Prior code § 159.30.210(3))

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City of Desert Hot Springs, CA § 16.08.045 SUBDIVISIONS

§ 16.08.070

Subdivision improvement agreements, as referenced in this chapter, shall be recorded with the County of Riverside County Recorder’s Office within 15 days of the mutual execution thereof. After all improvements have been constructed and inspected to the City’s satisfaction, and approved by the City Council, the City shall record a document indicating that all such improvements have been completed and accepted. (Ord. 5386-18-13)

The improvement agreement shall be prepared and signed by the Mayor and approved as to form by the City Attorney. The agreement shall provide for the following:

• A. Construction of all improvements according to approved plans and specifications on file with the City Engineer;

• B. Completion of improvements within the time specified by Section 16.04.020 (Required Improvements);

• C. Right by City to modify plans and specifications;

• D. Warranty by subdivider that construction will not adversely affect any portion of adjacent properties;

• E. Payment of fees in compliance with the City’s “Schedule of Fees”;

• F. Payment of in-lieu fees for undergrounding of utilities on peripheral streets as well as payment of in-lieu fees for parkland dedication as may be required;

• G. Payment of area of benefit fees, if applicable;

• H. Improvement security as required by Section 16.04.020. Improvement security for subdivisions of 4 or less parcels shall be provided before performance of the work;

• I. Maintenance and repair of any defects of failures and causes thereof;

• J. Release of the City from all liability incurred by the subdivision and payment of all reasonable attorney’s fees that the City may incur because of any legal action resulting from the subdivision; and

• K. Any other deposits, fees, or conditions required by this Zoning Ordinance, and as may be required by the City Engineer.

(Prior code § 159.30.220)

Any improvement agreement, contract or act required or authorized by the Map Act, for which security is required, shall be secured pursuant to Map Act Section 66499. (Prior code § 159.30.230(1))

The subdivider shall enter into a contract with the City, acceptable to the City Attorney, to make,

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City of Desert Hot Springs, CA § 16.08.070

DESERT HOT SPRINGS CODE

§ 16.08.080

install and complete within the time fixed, but in no case more than 2 years from the date of execution of the contract, all improvements and land alteration(s) in compliance with approved plans.

(Prior code § 159.30.230(2)(A))

• A. The subdivider shall file security to guarantee completion of public and private improvements with the improvement agreement as follows:

  1. A faithful performance security in an amount deemed sufficient by the City Engineer to cover up to 100% of the total estimated cost of all required improvements, including bonding requirements for grading as outlined in the municipal code;

  2. A labor and material security to cover up to 50% of the total estimated cost of all required improvements;

  3. A grading security as required by the municipal code;

  4. A monumentation security in an amount stipulated by the City Engineer to cover the cost of placing lot corners and other related monuments;

  5. If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, upon the furnishing by the contractor of the faithful performance and labor and material security required by the special assessment act being used, the City may reduce the improvement security of the subdivider by an amount corresponding to the amount of the security furnished by the contractor; and

  6. Notwithstanding the above, the subdivider may satisfy the requirement for security of certain improvements by providing proof that same has been posted with another public agency subject to the approval of the City Engineer.

• B. Security may be 1 of the following types subject to the approval of the City Engineer and City Attorney as to form:

  1. Bonds. All bonds shall be executed by a surety company authorized to transact business as a surety, and have an agent for service in California, together with an “A” policy holder’s rating and a financial rating of at least “V” in compliance with the current “Best’s” ratings. The bond(s) shall contain the nearest street address of the institution providing the bond(s).

  2. Cash Deposits. In lieu of the faithful performance and labor and material bonds, the subdivider may submit cash deposits or negotiable bonds of a kind approved for securing deposits of public monies under the conditions hereinafter described.

Disbursements from cash deposits shall be made in compliance with a separate agreement between the subdivider and the City. A bookkeeping fee of 1% of the total amount deposited with the City for each cash deposit shall be submitted with each security. Disbursements from a cash deposit in any instance shall not be permitted unless and until authorized in writing by the Director.

3. Letter of Credit. In lieu of faithful performance and labor and material bonds or cash deposits, the subdivider may submit a letter of credit subject to the California

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City of Desert Hot Springs, CA § 16.08.080

SUBDIVISIONS

§ 16.08.110

Commercial Code and under the conditions hereinafter described. The letter of credit shall be issued by a financial institution organized and doing business in, and subject to regulation by, the State of California or Federal government, in a form, content, and duration as approved by the City Attorney, and shall pledge that the funds necessary to meet the performance are on deposit and guaranteed for payment and agree that the funds designated by the instrument shall become secured trust funds for the purposes set forth in the instrument. The letter of credit shall contain the nearest street address of the institution providing the instrument.

• C. The City Clerk shall not endorse or sign its certificate contained on the final map unless and until improvement security as herein above specified has been posted.

• D. The requirements stipulated above are applicable to any parcel map for which the installation of any public improvements or grading is a condition of approval.

• E. No final or parcel map shall be presented to the City Council for acceptance until the requirements of this section have been met and until all charges established by the City Council and pertaining to the property being subdivided have been paid.

• (Prior code § 159.30.230(2)(B))

Should the subdivider desire to do certain work prior to entering into an agreement with the City to install and complete all subdivision improvements and alteration work, the subdivider may make an application to do so under a special permit. This application shall be accompanied by detailed plans, describing the work which is proposed. The Director and City Engineer may issue a special permit to the subdivider upon submittal of an application, provided security has been posted in an amount which would insure the rehabilitation of the land, including grading and planting, in the event the subdivision map does not record. The security and contractor’s qualifications shall be in compliance with this section. When the special permit is for all work required in connection with the subdivision and the work has been completed and inspected prior to map recordation, an improvement agreement will not be required. (Prior code § 159.30.230(3))

An agreement between the Redevelopment Agency of the City and the City, approved by the City Attorney and unconditionally providing and guaranteeing that said Redevelopment Agency shall provide any or all required improvements and pay the costs thereof pursuant to the provisions of this chapter, and which pledges the full faith and credit of said Redevelopment Agency, may be filed with the City Engineer as security in lieu of bond, cash, or certificate of deposit whenever the project is located in a redevelopment project area or the project is covered by a disposition and joint development agreement of which the City or Redevelopment Agency is a party. The guarantee agreement shall recite that the improvements will be in compliance with the redevelopment plan, if any, for the area and in furtherance of the public interest in promoting public or private development.

(Prior code § 159.30.230(4))

Security provided may not be released. In the case of a letter of credit, the issuing bank or

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City of Desert Hot Springs, CA § 16.08.110

DESERT HOT SPRINGS CODE

• A. Progress Payments. Progress payments may be made to the subdivider from any deposit money or letter of credit which the subdivider may have made in lieu of providing a security bond; provided, however, that no progress payment shall be made for more than 90% of the value of any installment of work. No progress payments from cash deposits shall be made except upon certification by the City Engineer, and the subdivider that work covered thereby has been completed.

• B. Release of Security. Improvements bonds given for faithful performance of the agreement shall be released upon final inspection and acceptance by the City Engineer. The labor and material bond shall be retained to secure payment to the contractor, the subcontractors, and to persons renting equipment or furnishing labor or materials for 6 months after completion and acceptance of the work. Following the 6-month period, the labor and material security may be reduced to an amount not less than the total of all claims on which an action has been filed and notice given in writing to the City.

• C. Maintenance Guaranty. The subdivider shall guarantee all public improvements for a period of 1 year from the date of final acceptance and shall correct any and all defects of deficiencies arising during that period of limitation outlined in Code of Civil Procedure Sections 337 and 337.15, as a result of the acts or omissions of the subdivider, its agents, or employees. The subdivision guaranty shall be backed by a bond or cash deposit in the amount of 25% of the surety posted for improvements. The City shall provide written notice of the defect or deficiency. In any instance where the subdivider fails to take action within the specified time, or when immediate action is required to protect the public health, safety and/or welfare, the City may cause the work to be performed and call on the surety for reimbursement. The maintenance security shall be submitted prior to final acceptance of the public improvements by the City.

• D. Forfeiture of Surety. In the event that subdivider fails to complete all improvement work in compliance with the provisions of this section and the improvement agreement, and the City shall have to complete the same, the City shall call on the security for funds necessary to complete the improvement as reimbursement or shall appropriate from any cash deposit funds for reimbursement. If the amount of any security shall be less than the cost and expense incurred by the City, the subdivider shall be liable to the City for such difference. Any cash remaining in the possession of the City after completion of the improvement, shall be returned to the originator minus normal administrative costs.

• (Prior code § 159.30.230(5))

• A. The construction methods and materials for all subdivision improvements shall conform to City requirements.

• B. Construction shall not commence until all required improvement plans have been approved by the City Engineer and all applicable City permits have been issued. All subdivision improvements are subject to inspection by the City Engineer and shall comply with City requirements.

(Prior code § 159.30.240)

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City of Desert Hot Springs, CA § 16.08.130

SUBDIVISIONS

1. The subdivision improvements shall be completed by the subdivider within 12 months, or a later time as approved by the City Engineer, not to exceed a total of 24 months, from final map recordation, unless an extension is granted by the City Council.

   2. If the subdivider fails to complete the subdivision improvements within the specified time limits, the City Council may, by resolution, cause any or all uncompleted improvements to be completed and the parties executing the security or securities shall be firmly bound for the payment of all necessary and appropriate costs.

• B. Extensions.

  1. The completion date may be extended by the City Council upon written request by the subdivider and submittal of adequate evidence to justify the extension. The request shall be made not less than 30 days prior to expiration of the subdivision improvement agreement.

  2. The subdivider shall enter into a subdivision improvement agreement extension with the City. The agreement shall be prepared by the City Engineer, approved as to form by the City Attorney, executed by the subdivider and surety and transmitted to the City Council for consideration. If approved by the City Council, the City Clerk shall execute the agreement on behalf of the City.

  3. In consideration of a subdivision improvement agreement extension, the following adjustments may be required:

     • a. Revision of improvement plans to provide for current design and construction standards when required by the City Engineer;

     • b. Revised improvement construction estimates to reflect current improvement costs as approved by the City Engineer;

     • c. Increase of improvement securities in compliance with revised construction estimates;

     • d. Inspection fees may be increased to reflect current construction costs, but shall not be subject to any decrease or refund; and

     • e. Any fees then in effect.

4. The City Council may impose additional requirements as recommended by the City Engineer or as it may deem necessary as a condition to approving any time extension for the completion of subdivision improvements.

(Prior code § 159.30.250)

• A. General.

  1. After all improvement deficiencies have been corrected and drawings of record improvement plans filed, the completed subdivision improvements shall be considered by the City Engineer for acceptance. The developer shall be responsible

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City of Desert Hot Springs, CA § 16.08.140

DESERT HOT SPRINGS CODE

§ 16.08.140

for the cost of providing as-built revisions to the approved original drawings of record on file in the office of the City Engineer. Redlined drawings shall not be accepted for as-built revisions.

2. Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use.

• B. Acceptance of a Portion of Improvements.

  1. Upon written report of the subdivider, the City Engineer may accept a portion of the subdivision improvements. The improvements shall only be accepted if the City Engineer finds that it is in the public interest, and the improvements are for the use of the general public.

2. Acceptance of a portion of the improvements shall not relieve the subdivider from any other requirements imposed by this Zoning Ordinance.

(Prior code § 159.30.260)

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City of Desert Hot Springs, CA § 16.12.010

SUBDIVISIONS