Atascadero Municipal Code Ch. 8 Subdivision Improvement Requirements

All improvements shall conform to these regulations, City Engineering Standard Specifications and drawings, and the subdivision standards. Improvement plans shall be competed by the subdivider's engineer prior to the acceptance of the final map for filing. Improvements not completed shall be guaranteed or bonded for, at the option of the City, prior to filing the final map.

(Ord. 370 § 2, 2000)

(a) Improvement plans shall be prepared by a registered civil engineer and shall show full details of all improvements required to be installed by the provisions of these regulations, and of all other improvements proposed to be installed by the subdivider within any street, alley, pedestrian way, easement or other public area or right-of-way. Full details shall include cross sections, plans, profiles, estimated costs and specifications. Preliminary plans may be submitted prior to the final plans to allow time for checking and correction.

(b) The form, layout, scale and other particulars of the plans, and the number of copies to be provided, shall be in accordance with the requirements of the City Engineer.

(Ord. 370 § 2, 2000)

A grading plan and specifications prepared substantially in accordance with the preliminary grading plan approved as part of the approved or conditionally approved tentative map shall be submitted as part of the improvement plans. A permit must be obtained in accordance with the provisions of the City's grading regulations.

(Ord. 370 § 2, 2000)

At the time of the submission of the final improvement plans, the subdivider shall pay a fee for plan checking, in an amount established by resolution of the Council.

(Ord. 370 § 2, 2000)

Prior to the commencement of construction or installation of any improvements within any street, alley, path, easement or other public area or right-of-way, improvement plans shall have been approved by the City Engineer and encroachment permits issued.

(Ord. 370 § 2, 2000)

All improvements shall be constructed under the inspection of the City Engineer and the subdivider shall cause all such improvement work to be inspected at all times as the City Engineer may establish. The subdivider shall obtain an encroachment permit, pay an inspection fee, and enter into an inspection agreement, prior to the commencement of construction of the improvements.

(Ord. 370 § 2, 2000)

All work and improvements contemplated by and performed under the provisions of these regulations shall be accomplished so as to coordinate and minimize interference with other private or public development and to minimize its threat to public safety.

(Ord. 370 § 2, 2000)

The Council may defer or waive all or a portion of the improvements which would otherwise be required if the subdivision map is for the purpose of consolidating existing lots and unsubdivided parcels, eliminating abandoned streets or alleys, or adjusting boundaries, when there is not public need for such improvements, or such improvements are not immediately necessary.

(Ord. 370 § 2, 2000)

As a condition of approval of a tentative map, it may be required that improvements installed by the subdivider for the benefit of the subdivision be of a supplemental size, capacity or number for the benefit of property not within the subdivision, and that the improvement be dedicated to the public. If such condition is imposed, provision for reimbursement to the subdivider, in the manner provided by the Subdivision Map Act, shall be contained in the subdivision improvement agreement entered into pursuant to these regulations, prior to any work being undertaken.

(Ord. 370 § 2, 2000)

If the required improvements are not satisfactorily completed before a final map is filed, the subdivider shall enter into an agreement with the City to make all improvements as may be required upon approval of such map.

(Ord. 370 § 2, 2000)

(a) The improvement agreement shall be in writing, shall be approved as to form by the City Attorney, and shall be secured and conditioned as provided in this chapter. The agreement shall be recorded prior to or simultaneously with the final map.

(b) The improvement agreement shall be complete, subject to Council approval, and on file with the City Engineer before the final map is filed for recording. The term of each improvement agreement filed pursuant to the provisions of this section shall begin on the date of recording and end upon the date of completion of fulfillment of all terms and conditions contained therein, to the satisfaction of the Council.

(Ord. 370 § 2, 2000)

The agreement shall include the following provisions as minimum terms and conditions:

(a) Mutually agreeable terms to complete all required improvements at the subdivider's expense;

(b) A provision that the subdivider shall comply with all requirements of these regulations, of this Code, and of other applicable laws, and with all terms and conditions of required improvement permits;

(c) A statement indicating a period of time within which the subdivider shall complete all improvement work;

(d) A provision that, if the subdivider fails to complete the work within the specified period of time, or any extended period of time that may have lawfully been granted to the subdivider, the City may, at its option, complete the required improvement work and the subdivider and his or her surety shall be firmly bound, under a continuing obligation, for payment of the full cost and expense incurred or expended by the City in completing such work;

(e) Provision for the repair and replacement of defective material and workmanship of the improvements by the subdivider for a period of 12 months after the improvements have been accepted by the Council;

(f) A provision guaranteeing payment to the City for all engineering and inspection costs and fees not previously paid and all other incidental costs incurred by the City in enforcing the agreement.

(Ord. 370 § 2, 2000)

The improvement agreement may also include the following provisions and such other additional terms and conditions as may be required upon approval of the tentative map, or as are determined necessary by the Council to carry out the intent and purposes of these regulations:

(a) Provision for the repair, at the subdivider's expense, of any damage to public streets which may reasonably be expected to result from hauling operations necessary for subdivision improvements required by these regulations, including the importing or exporting of earth for grading purposes;

(b) Mutually agreeable terms to acquire public easements which are outside the boundaries of the subdivision, at the subdivider's expense;

(c) Mutually agreeable terms to improve, at some undetermined future date, easements offered and reserved for future public use at the subdivider's expense; and providing that such improvements shall be secured by separate security in the manner prescribed in Section 11-8.14 of this chapter, and further providing that the requirements of this provision shall not delay the release of any other improvement security provided pursuant to Section 11-8.14 of this chapter;

(d) Provisions for reimbursement to be paid to the subdivider shall be as provided in the Subdivision Map Act;

(e) A provision that the subdivider shall provide to the City, prior to the filing of the final map, letters from each utility company indicating that such companies have agreed to install, and will so install, the public utilities necessary to serve the subdivision.

(Ord. 370 § 2, 2000)

The subdivider shall secure the foregoing improvement agreement in an amount determined by the City Engineer to be 100% of the total estimated cost of the improvements and any additional act to be performed by the subdivider under the agreement, and such additional amounts as the Council may determine necessary to cover the costs, reasonable expenses and fees, including reasonable attorney's fees, which may be incurred by the City in successfully enforcing the agreement. The requirement of the improvement security shall not be waived under any circumstances.

(Ord. 370 § 2, 2000)

(a) The improvement security shall be conditioned upon the faithful performance of the improvement agreement and shall be in one of the forms provided in the Subdivision Map Act. The form shall be the choice of the City in each improvement agreement. (Improvement security for public utility improvements may be in the form of a letter of assurance from the utility.)

(b) Improvement security shall be filed with the City Engineer, together with the improvement agreement, before the City accepts the final map for filing. The form of the improvement security shall be subject to the approval of the City Attorney.

(c) The term of the improvement security, filed pursuant to the provisions of this section to secure the faithful performance of the agreement, shall begin on the date of filing and end upon the date of completion or fulfillment of all terms and conditions of the improvement agreement, to the satisfaction of the Council.

(Ord. 370 § 2, 2000)

When the improvement security provided pursuant to Section 11-8.14 of this chapter is a surety bond, it shall be accompanied by a bond for the security of laborers and materialmen in an amount not less than 50% of the estimated cost of the improvements. When the improvement security is a cash deposit or instrument of credit, such security shall include an additional amount necessary for the protection of laborers and materialmen, but in no event less than 50% of the estimated cost of the improvements. Security for 100% of the estimated costs, including a factor for inflationary cost increases, may be required.

(Ord. 370 § 2, 2000)

The liability upon the security given for the faithful performance of the agreement shall include the performance of any changes or alterations in the work; provided, however, that all such changes or alterations do not exceed 10% of the original estimated cost of the improvement.

(Ord. 370 § 2, 2000)

If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, upon the furnishing of the contractor of the faithful performance and payment bond required by the special assessment act being used, the improvement security to the subdivider may be reduced by the Council by an amount corresponding to the amount of such bonds furnished by the contractor.

(Ord. 370 § 2, 2000)

(a) Improvement security may be released upon the final completion and acceptance of the work; provided, however, such release shall not apply to the amount of security deemed necessary by the City Engineer for the guarantee and warranty period, nor to costs and reasonable expense fees, including reasonable attorney's fees, incurred by the City in enforcing the improvement agreement.

(b) The Council shall, upon report by the City Engineer, accept and certify the satisfactory completion of improvement work prior to any release of improvement security covering such work.

(Ord. 370 § 2, 2000)

No building permit or similar entitlement of use shall be issued for the development of any lot within a subdivision until all required improvements are substantially completed or bonded for at the discretion of and to the satisfaction of the City Engineer and Community Development Director; provided, however, building permits and entitlements may be issued for the development of a lot designated as a model home site not to be used for residential occupancy until the final map has been recorded, when the Community Development Director determines:

(a) The construction of all required improvements has progressed to the extent that completion of and acceptance of the work seems assured to occur within a reasonable period of time; and

(b) The development of the model home sites will not conflict with work in progress on the construction of the required improvements.

(Ord. 370 § 2, 2000)

After the parcel map or final map has been recorded, all subdivision improvements properly installed in accordance with previously approved plans and specifications shall be accepted by the Council and the subdivider and any other person having an interest in such completion shall be notified in writing by the City Clerk of acceptance by the Council. At the time of acceptance, the City shall assume maintenance of the improvements except as otherwise provided in this chapter. Parcel map and final map improvements will be accepted by the Council.

(Ord. 370 § 2, 2000)

Improvements required for parcel maps may be deferred until a building permit or other entitlement for development of the parcel(s) is granted by the City, unless the City Engineer and Community Development Director find that completion improvements is necessary to protect the public health and safety or is a necessary prerequisite to the orderly development of the surrounding area. If these findings are made, the City may require completion of the improvement requirements within a reasonable time following approval of the parcel map and prior to the issuance of permits for development.

(Ord. 370 § 2, 2000)