Article VII — Subdivision Improvements

The subdivider shall construct all required improvements both on and off site according to standards as approved by the City.

(Ord. 1780 § 3, 4-8-2003)

• (a) General. All improvements as may be required as conditions of approval of the tentative map or City ordinance, together with, but not limited to, the following, shall be required of all subdivisions:

  • (1) Requirements for construction of on-site and off-site improvements for subdivisions of four or less parcels shall be noted on the parcel map, or waiver of parcel map or the subdivision improvement agreement recorded prior to or concurrent with the parcel map.

  • (2) As a condition of approval of a tentative map, there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public, subject to the provisions of Sections 66485 through 66489 of the Subdivision Map Act.

  • (3) Notwithstanding subsections (a)(1) and (a)(2) of this section, for lot splits authorized by SCCC § 18.13.050 and § 17.05.430 , required improvements shall be limited to on-site improvements.

• (b) Frontage Improvements. The frontage of each lot shall be improved to its ultimate adopted geometric section, including street structural section, curbs, sidewalks, driveway approaches and transitions.

• (c) Storm Drainage. Storm water runoff from the subdivision shall be collected and conveyed by an approved storm drain system. The storm drain system shall be designed for ultimate development of the watershed. The storm drain system shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in runoff attributed to the development. Off-site storm drain improvements may be required to satisfy this requirement.

• (d) Sanitary Sewers. Each unit or lot within the subdivision shall be served by a community sewer collection system as required by Chapter 13.10 SCCC, unless an individual system is permitted thereunder.

• (e) Water Supply. Each unit or lot within the subdivision shall be served by an approved domestic water system.

• (f) Utilities. Each unit or lot within the subdivision shall be served by gas (if required), electric, telephone and cable television facilities.

  • (1) Underground Utilities. All existing and proposed utilities within the subdivision and along either side of peripheral streets shall be placed underground except those facilities exempted by the Public Utilities Commission Regulations and as otherwise provided below.

    • (A) If the subdivision is in the Underground District, as designated in the General Plan, all utility lines along peripheral streets shall be undergrounded or an in lieu of undergrounding fee shall be paid. Undergrounding shall be required for overhead lines on either side of the peripheral street.

• (B) If the subdivision is outside the Underground District, undergrounding overhead utilities on peripheral streets shall not be required unless the City Engineer finds that undergrounding of such utilities is likely to occur within the ten-year period following approval of the tentative map.

• (Ord. 1780 § 3, 4-8-2003; Ord. 2049 § 5, 8-16-2022)

• (a) Subdivisions. The frontage improvements along existing peripheral streets may be deferred when deemed necessary by the City Engineer. Deferral will be allowed when the City Engineer finds that construction is impractical due to physical constraints, or the surrounding neighborhood is absent of similar improvements. When improvements are deferred, the subdivider and/or owner of the real property shall enter into an agreement with the City in a form acceptable to the City Attorney for the installation of all frontage improvements at such time in the future as required by the City. The agreement shall provide:

  • (1) Construction of improvements shall commence within ninety (90) days of the receipt of the notice to proceed from the City;

  • (2) That in event of default by the subdivider and/or owner, the City is hereby authorized to cause said construction to be done and charge the entire cost and expense to the subdivider and/or owner, including interest from the date of notice of said cost and expense until paid;

  • (3) That this agreement shall be recorded in the office of the County Recorder of Santa Clara County, California, at the expense of the subdivider and/or owner, and shall constitute notice to all successors and assigns of the title to such real property of the obligation set forth, and also a lien in an amount to fully reimburse the City, including interest as above, subject to foreclosure in event of default in payment;

  • (4) That in event of litigation occasioned by any default of the subdivider and/or owner, the subdivider and/or owner, agree to pay all costs involved, including reasonable attorney's fees, and that the same shall become a part of the lien against the real property;

  • (5) That the terms "subdivider" and "owner" shall include, respectively, not only the subdivider and the present owner but also heirs, successors, executors, administrators and assigns, it being the intent of the parties hereto that the obligations undertaken shall run with the real property and constitute a lien against it;

  • (6) Any other provisions required by the City Engineer as reasonably necessary to effectuate this code and the Subdivision Map Act;

  • (7) The agreement shall not relieve the owner from any other specific requirements. The construction of deferred improvements shall conform to the provisions of this chapter and all applicable articles of the municipal code in effect at the time of construction.

• (b) Remainders. Where a remainder is made part of a final or parcel map, the subdivider may enter into an agreement with the City to construct improvements within the remainder at some future date and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel. The improvements shall be at the subdivider's expense. In the absence of an agreement, the City may require fulfillment of the construction requirements within a reasonable time following approval of the map, upon a finding that fulfillment of the construction requirements is necessary for reasons of:

  • (1) The public health and safety; or

• (2) The required construction is a necessary prerequisite to the orderly development of the surrounding area.

• (Ord. 1780 § 3, 4-8-2003)

General. The design and layout of all required improvements both on and off site, private and public, shall conform to generally acceptable engineering standards, to the City's Standard Design Criteria, Details and Standard Plans and Specifications, and to such standards as approved by the City Engineer.

• (a) Energy Conservation. The design of a subdivision for which a tentative map is required, pursuant to Article III of this chapter, shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

  • (1) Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure.

  • (2) Examples of passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

  • (3) In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and such provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed.

  • (4) The requirements of this section do not apply to condominium projects that consist of the subdivision of airspace in an existing building when no new structures are added.

  • (5) For the purposes of this section, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

• (b) Cable Television Service. The design of a subdivision for which a tentative map or parcel map is required shall provide appropriate cable television systems an opportunity to construct, install and maintain, on land identified on the map as dedicated or to be dedicated to public utility use, any equipment necessary to extend cable television services to each residential parcel in the subdivision. For the purposes of this section, "appropriate cable television systems" means those systems franchised or licensed to serve the geographical area in which the subdivision is located.

This section shall not apply to the conversion of existing dwelling units to condominiums, community apartments, or stock cooperatives.

(Ord. 1780 § 3, 4-8-2003)

• (a) The subdivision shall abut upon or have an approved access to a public street as required by law. Each unit or lot within the subdivision shall have an approved access to a public or private street.

• (b) Street layout shall be designed to provide for future access to, and not impose undue hardship upon, property adjoining the subdivision. Reserve strips, or non-access at the end of streets or at the boundaries of subdivisions, shall be dedicated unconditionally to the City when required.

• (Ord. 1780 § 3, 4-8-2003)

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

• (a) Construction of all improvements according to the approved plans and specifications on file with the City Engineer;

• (b) Specified times for completion of improvements;

• (c) Right by City to modify plans and specifications and to require the subdivider to pay for modifications;

• (d) Warranty by subdivider that construction will not adversely affect any portion of adjacent properties;

• (e) Payment of fees in accordance with any City Council resolution establishing fees and charges;

• (f) Improvement security as required by this article;

• (g) Maintenance and repair of any defects or failures and causes thereof;

• (h) Release and indemnification of the City from all liability incurred by the development and payment of all reasonable attorney's fees that the City may incur because of any legal action arising from the development;

• (i) Any other deposits, fees or conditions as required by City ordinance or resolution and as may be required by the City Engineer;

• (j) Any other provisions required by the City as reasonably necessary to effectuate the purpose of this code.

• (Ord. 1780 § 3, 4-8-2003)

General. Any improvement agreement, contract or act required or authorized by the Subdivision Map Act or this chapter, for which security is required, shall be secured in accordance with Sections 66499 et seq. of the Subdivision Map Act and as provided below.

• (a) No final map or parcel map shall be signed by the City Engineer or recorded until all improvement securities required by this section have been received and approved.

• (b) Form of Security. The form of security shall be one or the combination of the following at the option and subject to the approval of the City.

  • (1) Bond or bonds by one or more duly authorized corporate sureties. The provisions of the bond or bonds shall be in accordance with Sections 66499.1 and 66499.2 of the Subdivision Map Act.

  • (2) An instrument of credit or certificate of deposit from one or more financial institutions subject to regulation by the State or Federal government with an office located in the nine Bay Area counties and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.

  • (3) A deposit, either with the City or a responsible escrow agent or trust company, at the option of the City, of money or negotiable bonds of the kind approved for securing deposits of public money.

• (c) Amount of Security. A performance bond or security in the amount of one hundred percent (100%) of the estimated construction cost to guarantee the construction or installation of all improvements shall be required of all subdivisions. An additional amount of one hundred percent (100%) of the estimated construction cost shall be required to guarantee the payment to the subdivider's contractor, subcontractors and to persons furnishing labor, materials or equipment for the construction or installation of improvements. The foregoing shall not apply to a California nonprofit corporation that is funded by a government agency if the corporation complies with Section 66499.3(c) of the Subdivision Map Act.

• (d) The estimate of improvement costs shall be as approved by the City Engineer and shall provide for:

  • (1) Ten percent of the total construction cost for contingencies;

  • (2) All utility installation costs or a statement acceptable to the City Engineer from the utility company that adequate security has been deposited to ensure installation;

  • (3) In addition to the full amount of the security, there shall be included estimated costs and reasonable expenses and fees, including attorney's fees, which may be incurred in enforcing the obligation secured.

• (e) Warranty Security. Upon acceptance of the subdivision improvements by the City, the subdivider shall provide security in the amount as required by the City Engineer to guarantee the improvements throughout the warranty period of one year following completion and acceptance of the improvements. The amount of the warranty security shall be not less than ten percent of the cost of the construction of the improvements, including the cash bond, which shall be retained for the one year warranty period.

• (f) Release of Improvement Securities.

• (1) Performance Security. The performance security shall be released only upon acceptance of the improvements by the City Council and when an approved warranty security has been filed with the City Engineer. If warranty security is not submitted, performance security shall be released twelve (12) months after acceptance of improvements and correction of all warranty deficiencies.

  • (2) Labor and Materials Security. Security given to secure payment to the contractor, subcontractors, and to persons furnishing labor, materials or equipment may, thirty (30) days after the completion and acceptance of the improvements by the City Council or City Engineer, be reduced to an amount equal to the amount of claims therefore filed and of which notice has been given to the City Council. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

  • (3) Warranty Security. The warranty security shall be released upon satisfactory completion of the warranty period provided:

    • (A) All deficiencies appearing on the final deficiency list for the subdivision have been corrected;

    • (B) Not less than twelve (12) months have elapsed since the acceptance of the improvements by the City Council.

• (Ord. 1780 § 3, 4-8-2003)