§ 16.16

Improvements required as a condition of approval shall be completed at the subdivider's expense prior to filing a parcel map or final map with the county recorder, unless a completion agreement on terms mutually agreeable to the council and the subdivider has been entered into, and improvement security has been posted as provided in this chapter.

(Ord. 122 §6.00, 1976).

16.16.020 - Completion agreement—Security.

The co-completion requirement referred to in Section 16.16.010 shall be secured by one (l) of the following:

A.

A bond or bonds by one (1) or more duly authorized corporate sureties;

B.

A deposit, either with the city or a responsible escrow agent or trust company selected by the city, or cash or negotiable bonds of the kind approved for securing deposits of public moneys;

C.

An irrevocable instrument of credit from one or more responsible financial institutions regulated by state or Federal government and pledging that the funds are on deposit and guaranteed for payment on demand by the city.

(Ord. 122 §6,05, 1976).

16.16.030 - Faithful performance bond—Form.

A.

The form of the bond to secure the faithful performance of the completion agreement shall be in substantially the same form as provided for in Section 66499.1 of the Government Code of the state, except the city may add other provisions if it so desires.

B.

The form of bond for the security of laborers and materialmen shall be in substantially the same form as provided for in Section 66499.2 of the Government Code of the state, except the city may add other provisions if it so desires.

C.

Appropriate modifications shall be made in such form if the bond is being furnished for the performance of an act not provided for by agreement.

(Ord. 122 §6.10, 1976).

16.16.040 - Improvement security—Amount.

The improvement security shall be provided in the amount of

A.

one hundred percent (100%) of the total estimated cost of the improvement or act to be performed conditioned upon the faithful performance of the act or agreement;

B.

one-hundred percent (100%) of the total estimated cost of the improvement or act to be performed securing payment to the contractor, the subcontractors and to person furnishing labor, materials or equipment to them for the improvement or the performance of the required act;

C.

The amount determined by the council necessary to guarantee or warranty the work for a period of one (1) year following completion or acceptance thereof against any defective work or labor done, or defective materials furnished;

D.

If the improvement security is other than a bond or bonds furnished by duly authorized corporate surety, an additional amount shall be included as determined by the council as necessary to cover the cost and reasonable expenses and fees, including reasonable attorney's fees, which may be incurred by the city in successfully enforcing the obligation secured. The improvement security shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed ten percent (10%) of the original estimated cost of the improvement.

(Ord. 122 §6.15, 1976).

16.16.050 - Improvement security—Release.

A.

Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work by the council subject to the provisions of subsection B of this section.

B.

The city council may release a portion of the security in conjunction with the acceptance of the performance of the act or work as it progresses upon application thereof by the subdivider; provided, however, that no such release shall be for an amount more than ninety percent (90%) of the total improvement security given for faithful performance of the act or work, and the security shall not be reduced to an amount less than ten percent (10%) of the total improvement security given for faithful performance until final completion and acceptance of the act or work by the council, In no event shall the city council authorize a release of improvement security which would reduce such security to an amount below that required to guarantee the completion of the act or work and any other obligation imposed by this title, the Map Act, or the improvement agreement.

C.

Security given to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment, shall, six (6) months after the completion of and acceptance of the act or work by the council, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the council, plus an amount reasonably determined by the city council to be required to

assure the performance of any other obligations secured thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given,

D.

No security given for the guarantee or warranty of work shall be released until the expiration of the period thereof.

(Ord. 122 §6,20, 1976).

(Ord. No. 480, § 2, 4-26-2022)

Upon the failure of the subdivider to complete any improvement, acts or obligations within the time specified, the council may, upon notice in writing of not less than ten (10) days served upon the person responsible for the performance thereof or upon notice in writing of not less than twenty (20) days, served by certified mail addressed to the last known address of such person, determine that the subdivider is in default and may cause the improvements security or such portion thereof as is necessary to complete the work or act or any other obligations of the subdivider secured thereby to be forfeited to the city.

(Ord. 122 §6,25, 1976).

(Ord. No. 480, § 2, 4-26-2022)

16.16.70 - Decision maker consideration—Required improvements.

A.

In determining whether to require or not require improvements, the city planner, in consultation with the city engineer, as related to parcel maps, or the council, as related to Tract Maps, shall consider the following factors:

1.

Whether the installation of any such improvements would be premature in relation to the public needs of the present and the immediate future;

2.

Whether the omission of all or any part of such improvements would be materially detrimental to the public welfare, safety, health or convenience;

3.

Whether the omission of all or any part of such improvements would be injurious to property or improvements in the area;

The extent to which the improvements are desirable to fulfill public needs emanating from the subdivider's proposed use or possible use;

5.

The extent to which the community may need protection against potentially bad effects of the proposed use or possible use.

B.

Improvements required in a subdivision for which a final or parcel map is required shall be installed to permanent line and grade to the satisfaction of the city engineer in accordance with the requirements of the council, in accordance with the city improvement standards and in accordance with all applicable provisions of Chapter 16.12, entitled Standards and Design.

C.

The following improvements or any of them may be required by the city planner or city council and if so required, shall be furnished at the subdivider's expense:

1.

Grading, curbs and gutters, drainage and drainage structures necessary to the proper use and drainage of streets, highways, alleys and ways and to the public safety;

2.

Installation and surfacing of streets, highways, alleys and ways;

3.

Sidewalks;

4.

Sanitary sewer facilities and connections for each parcel or lot created;

5.

Water system with mains of sufficient number of outlets to furnish adequate domestic water supply for each parcel or lot created and to provide adequate fire protection to meet local neighborhood needs;

6.

Street trees of a type, size, spacing and planting at the time specified by the city engineer;

7.

Street name signs;

A chain-link fence six (6) feet in height between any subdivision and the right-of-way line of any irrigation canal;

9.

Street lighting where and as required by the city engineer.

(Ord. 122 §6.30, 1976).

(Ord. No. 480, § 2, 4-26-2022)

16.16.080 - Minimum improvements—Sewer and drainage facility fees.

A.

The minimum improvements which the subdivider shall make or agree to make prior to acceptance and approval of the final map by the council shall be as provided in Section 16.16.070(C)(1) through (C)(9). A final soil report shall have been completed and approved by the city engineer prior to the beginning of construction of any building or structures.

B.

Prior to filing any final map or parcel map, the subdivider shall pay or cause to be paid any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal or surface and storm waters from local or neighborhood drainage areas or sanitary sewer facilities for local sanitary sewer areas established pursuant to Section 64483 of the Map Act

(Ord. 122 §6.35, 1976).

Plans, specifications and profiles of all improvements required under the provisions of this title, as well as other improvements proposed to be installed and constructed by the subdivider in, over or under any street or right-of-way, easement, lot or parcel of land where improvements are required or proposed shall be filed with the city engineer. All detailed plans, specifications and profiles of improvements required must be submitted at the time of the filing of the parcel map, certificate of compliance or final map.

(Ord. 122 §6.40, 1976).

Prior to the time of filing of the notice of completion and acceptance of sewers within the subdivision, the subdivider shall file with the city engineer an as-built map drawn to scale of one (1) inch equals one hundred (100) feet showing the location of all wye branches or house lateral sewers constructed or to be constructed in the subdivision. The map shall be drawn on sheets measuring fourteen and one-half (14½) inches by nineteen (19) inches, having a one (1) inch border and one (1) inch binding margin on the left side. The subdivider shall furnish to the city the original tracing or a reproducible copy and two (2) prints of each sheet of the map. The original drawing shall be on the tracing cloth or polyester base film and drafted in black opaque ink.

(Ord. 122 §6.45, 1976).

A.

In all cases where a parcel map is required, such map shall be based either upon a field survey made in conformity with the Land Surveyors Act or be compiled from recorded or filed data when sufficient survey information exists on field maps to locate and retrace the exterior boundary lines of the parcel map if the location of at least one (1) of these boundary lines can be established from an existing monumented line.

B.

In all cases where a final subdivision map is required, such map shall be based upon a survey. All survey and mathematical information and data necessary to locate and retrace and all interior and exterior boundary lines appearing thereon shall be shown, including bearings and distances of straight lines and radii and are length or chord bearings and length for all curves, and such information as may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries.

C.

At the time of making the survey for the final subdivision map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8764 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey.

D.

Such engineer or surveyor shall set the following monuments as follows:

1.

Set city standard monuments where practical at all angle and curve points on the exterior boundary and all intersections of street centerlines, the beginning and ending of all curves on street centerlines within the tract being subdivided or surveyed for record, except the exterior boundary of parcel maps compiled from recorded data;

2.

Such monuments will be so set as to ensure an unobstructed sight between adjacent monuments, whenever feasible, and in no case shall the distance between such monuments exceed one thousand (1,000) feet, unless prior approval is obtained from the city engineer;

3.

All such monuments are to be permanently marked with the certificate number of the engineer or surveyor setting it, preceded by the letters "R.E." or "L.S." respectively, as the case may be;

4.

Precast concrete monuments shall be set on all new streets, alleys or public ways which are to have a permanent type of pavement, or any existing street, alley or public way which is paved with a permanent type of pavement. The precast concrete monuments shall be set in a city standard monument encasement with frame and cover. All other monuments may be two (2) inch iron pipe;

5.

Precast concrete monuments shall be set not less than eight (8) inches or more than twelve (12) inches below finished grade and iron pipe monuments shall be set not less than six (6) inches or more than eighteen (18) inches below finished grade.

6.

When any of the above-described boundary points fall in a concrete sidewalk, curb, wall, coping, etc., such points shall be marked with a lead plug, copper or brass nail and a metal tag marked with the certificate number as described above for concrete monuments;

7.

On all curved streets a sufficient number of monuments shall be set forth so that the connecting chords shall be wholly within the street roadway between the curb lines;

8.

The character, type and position of all monuments and covers shall be noted on the final map. If any shortage or excess of distance is found on the ground between existing monuments, compared with the original record, any division of the total must bear its proportion of such shortage or excess.

9.

A traverse of the boundaries of the tract, and of all lots and blocks must close within a limit of error not in excess of one (1) foot in ten thousand (10,000) feet;

10.

All distances must be expressed on the map to the nearest one-hundredth ( 1/100 ) of a foot, except that when the sum of a series must equal an overall distance, each distance in the series must be expressed to the third decimal place.

11.

The engineer or surveyor making the survey for any subdivision for which a final map is required shall set a durable monument at each angle and curve point on the boundary of each lot, which angle and curve point is not covered above. Such monument shall consist of three-fourths (¾) inch iron pipe, eighteen (18) inches in length, centered with copper or brass nail and metal tag properly marked as previously described; provided, that whenever a point marking any of the above-described lot locations occurs in improved areas such as concrete sidewalk, curb, wall, coping, etc., such points shall be marked with lead plug, copper or brass nail and the metal tag properly marked as previously described.

12.

If, in the opinion of the city engineer, any of those points which are mentioned in subsection 11 of this section are inaccessible, then reference point shall be set in a manner which will comply with subsection 11 of this section.

13.

After all surface improvements have been completed, the engineer or surveyor shall arrange with the city engineer for an inspection of the work as provided for. The engineer or surveyor, or a representative of the engineer or surveyor doing such work shall be present during the time of the inspection. All monuments and stakes as required by this section shall be exposed and plainly visible at the time of inspection, or if not exposed, the engineer or surveyor shall file a certification with the city engineer that all monuments and stakes have been installed as required by this section.

14.

Any monuments or stakes disturbed by the improvements shall be reset. Where no streets are to be improved, the subdivider shall post a faithful performance bond to guarantee the setting of all the stakes and monuments enumerated in this section.

15.

Vertical datum for all improvements within a subdivision shall be based on U.S. Coast and Geodetic Survey data, and at least two (2) permanent bench marks shall be established within the boundaries of a subdivision and within a public right-of-way.

(Ord. 292, 1996; Ord. 122 §6.50, 1976).

Chapter 16.20 - OPTIONAL DESIGN AND IMPROVEMENT STANDARDS

Sections: