Avenal Municipal Code Ch. 10.36 Improvements

Sections:

• 10.36.010
• Purpose.
• 10.36.020
• Improvement Requirements and Plans.
• 10.36.030
• Oversizing Improvements.
• 10.36.040
• Improvement Deferral.

The purpose of this Chapter is to establish a review and permit process for the construction of physical improvements to land such as streets, sewers, and other utilities. The intent is also to establish a process for allowing a final map or parcel map to be recorded prior to the completion of required improvements upon execution of certain agreements and/or security.

A. Applicability: After the approval of the final map or parcel map, or a land use permit or building permit requiring the installation of improvements, the subdivider shall construct or install all improvements in streets, alleys, pedestrian ways, bike paths and trails, channels, easements, and other rights of way as are necessary for the general use of the subdivision, to meet local traffic and drainage needs in accordance with the provisions of this Chapter, and to satisfy the conditions of approval of the tentative map. B. Improvement Design: The construction of public improvements, including materials and methods, shall conform to the standard plans and specifications of the city as adopted by resolution of the city council. C. Review and Processing of Improvement Plans: Before the construction of any improvements, the subdivider or developer shall submit plans to the city as follows:

1. Preparation and Content: Improvement plans shall be prepared by a registered civil engineer licensed to practice in the State of California. Improvement plan submittals shall include the following information: a. Any drawings, specifications, calculations, design reports, and other information required by the city engineer in compliance with the city’s standard specifications and plans. b. Utility master plans (water, sewer, and storm drainage) as approved by the public works director. c. Grading, drainage, erosion and sediment control, and a stormwater pollution prevention plan (SWPPP) for the entire subdivision for review and approval by the public works director.

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June 2023 d. Soils report, if not previously submitted. e. A mylar copy of the approved landscape and irrigation plans for the city record for any landscaping installed along streets or in public areas. f. The improvement plan/specification checking and construction inspection fees as required by resolution of the city council. g. A detailed engineer’s cost estimate of all improvements upon: (1) The submittal of initial improvement plans. (2) The approval of improvement plans. 2. Submittal of Plans: Three (3) sets of improvement plans shall be submitted to the planning department, along with the application deposit as established by resolution of the city council. 3. Review and Approval: Improvement plans shall be reviewed and approved, conditionally approved, or denied by the planning director, public works director, and city engineer within the time limits provided by Section 66456.2 of the Subdivision Map Act. The city engineer will review the plans based on sound engineering practices, design standards, and applicable city policies. The public works director will review the plans to ensure conformance with the city’s public works standards. The planning director will review the plans to determine compliance with the approved tentative map, conditions of approval, and the city’s general plan and any applicable specific plans. Comments, if any, shall be forwarded to the subdivider in a timely manner. 4. Effect of Approval: The final approval of improvement plans shall generally be required before approval of a final map or parcel. The approval of improvement plans shall not bind the city to accept the improvements nor waive any defects in the improvements as installed. 5. Changes to Approved Plans: Any changes to approved plans shall be reviewed and acted upon consistent with subsection G of this Section. D. Timing of Improvements: Except as listed below, required improvements shall be constructed or otherwise installed after approval of the improvement plans and before the approval of the final map or parcel map, or before final building inspection or any certificate of occupancy.

1. Improvements are deferred in compliance with Section 10.36.040, “Improvement Deferral”.
2. Improvements are required as a condition of approval of a subdivision of four (4) or fewer lots, in which case improvements shall be as required under Section 66411.1 of the Subdivision Map Act. E. Inspection of Improvements: The city engineer shall make any inspections deemed necessary to ensure that all construction complies with the approved improvement plans. Where required by the city engineer, the developer shall enter into an agreement with the city to pay the full cost of any contract inspection services determined to be necessary by the city engineer. F. Correction of Deficiencies: The developer shall be responsible for correcting any deficiencies identified during the construction process.

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June 2023 G. Revisions to Approved Plans: Revisions to approved improvement plans may be proposed, and shall be reviewed and approved or disapproved by the city engineer as follows:

1. Requests by the subdivider or project engineer for revisions to the approved plans shall be submitted in writing to the city engineer and shall be accompanied by revised drawing(s) showing the proposed revision. If the revision is acceptable, the original shall be returned to the subdivider and project engineer for revising. The revised plans shall be immediately transmitted to the city engineer for initialing. Construction of any proposed revision will not be permitted to commence until revised plans have been initialed by the city engineer.
2. When revisions are deemed necessary by the city engineer to protect public health and safety, or as field conditions may require, a request in writing shall be made to the subdivider and project engineer. The subdivider’s engineer shall revise the plans and transmit the original to the city engineer for initialing within the time specified by the city engineer. H. Acceptance of Improvements:
3. Verification: Before acceptance for maintenance or final approval by the city council of development improvements, the city engineer shall verify that the improvement work has been completed in substantial compliance with the approved plans and specifications, and the developer shall provide deeds for dedication of easements or rights of way.
4. Acceptance: After all items are completed and all items on the deficiency list have been corrected and as-built improvement plans received, the city council shall accept the subdivision improvements.
5. Notice of Completion: If the subdivision is accepted by the city, the city clerk shall file a notice of completion with the county recorder.)

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 said improvement be dedicated to the public. If such a condition is imposed, provision for reimbursement to the subdivider in the manner provided by Section 66486 of the Subdivision Map Act will be contained in the subdivision improvement agreement or in a separate reimbursement agreement between the city and the subdivider.

A. Right to Defer Improvements and Requirement to Enter into Improvement Agreement: Prior to approval of the final map, all public improvements shall be completed in accordance with approved improvement plans to the satisfaction of the city engineer or, as a condition of the final map, the subdivider shall enter into a subdivision improvement agreement with the city, in the form prepared by and approved by the city, to ensure timely completion of the improvements at his expense. All public improvements required by the agreement shall be completed to the satisfaction of the city engineer prior to the occupancy of any structures in the subdivision.

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June 2023 B. Form, Filing, and Term of Improvement Agreement:

1. 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 Section. An acknowledged abstract of said agreement shall be recorded simultaneously with the final map or the parcel map.
2. The recorded improvement agreement shall be on file with the city clerk prior to recordation of the final map or parcel map.
3. The term of the improvement agreement shall begin on the date of filing of the final map or parcel map and end upon the date of completion or fulfillment of all terms and conditions contained therein to the satisfaction of the city engineer. C. Minimum Requirements For Improvement Agreement: The improvement agreement shall include all of the following provisions as minimum terms and conditions of the agreement:
4. Mutually agreeable terms to complete all required improvements at the subdivider’s expense.
5. A provision that the subdivider shall comply with all requirements of these regulations, of this ordinance, and of other applicable laws, and with all terms and conditions of required improvement permits.
6. A statement indicating a period of time, satisfactory to the city engineer, within which the subdivider shall complete all improvement work.
7. 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.
8. Provision for the repair and replacement of defective material and workmanship of said improvements by the subdivider for a period of 12 months after the improvements have been accepted by the city engineer.
9. Provision for the inspection of all improvements of the subdivision by the city engineer for a period of 12 months after said improvement acceptance date.
10. A provision guaranteeing payment to the city for all engineering and inspection costs and fees and all other incidental expenses incurred by the city.
11. A description of all lands within the exterior boundaries of the subdivision. D. Optional Components for Improvement Agreement: The improvement agreement may also include the following provisions and other additional items, terms, and conditions as may be determined necessary by the city to carry out the intent and purposes of these regulations:
12. Provision for the repair, at the subdivider’s expense, of any damage to public streets that 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.

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June 2023 2. Mutually agreeable terms to acquire public easements or dedications that are outside the boundaries of the subdivision at the subdivider’s expense. 3. Mutually agreeable terms to improve, at some undetermined future date, easements or dedications offered and reserved for future public use at the subdivider’s expense; providing that such improvements shall be secured by separate cash bond in the manner prescribed by subsection E of this Section, and further providing that only the requirements of this provision shall not delay the release of any other improvement security provided pursuant to this Chapter. 4. Provision for reimbursement to be paid to the subdivider under the provisions of Section 66486 of the Subdivision Map Act. 5. Provision for the setting of required monuments after the recordation of the final map or parcel map. 6. Provision for the method of payment of any fees imposed by this Chapter. E. Improvement Security: Where an improvement agreement is entered into prior to the recordation of a final map or parcel map, the improvements shall be secured by the subdivider as part of the improvement agreement. Improvement security shall be provided and released consistent with the requirements below.

1. Form of Security: Security shall be provided in one or more of the following forms, consistent with Section 66499 of the Subdivision Map Act and in a form satisfactory to the city: a. Bond or bonds by one or more duly authorized corporate sureties. b. A deposit, either with the city or a responsible escrow agent or trust company, at the opinion of the city, of money or negotiable bonds of the kind approved for securing deposits of public monies. c. An instrument of credit from an agency of the state, federal, or local government when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit issued by such a financial institution. d. Any form of security, including security interests in real property, which is acceptable to the city and specifically identified in this ordinance.
2. Amount of Security: Security shall be provided in the following amounts: a. Performance security (performance): An amount of 100% of the total city engineer- approved estimated cost of the construction or installation of the improvements or of the acts to be performed, securing the faithful performance and completion of the improvements or acts to be performed.

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June 2023 b. Payment security (labor and materials): An amount of 50% of the total city engineer- approved estimated cost of the improvement or required act, securing payment to the contractor, to the subcontractors, and to persons furnishing labor, materials, or equipment for the construction or installation of the improvements or the performance of the required acts. c. Warranty security: An amount of 10% of the total city engineer-approved estimated cost of the improvement to be necessary for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials or equipment furnished. 3. Changes in Approved Improvements: When the approved improvement plans are changed and are to be approved by the city after surety is provided, the approval of the changes shall be conditioned, and shall not be fully exercised, until the surety is modified consistently. No increase in surety shall be required if the changes do not exceed ten percent (10%) of the original estimated costs of the improvements. 4. Nonprofit California Corporations: Pursuant to Section 66499.3 of the Subdivision Map Act, entities that are California nonprofit corporations, funded by the United States of America or one of its agencies, or funded by the State of California or one of its agencies, are exempt from the requirements of subsections E1a and E1b of this Section, provided they meet and fulfill the alternative security requirements specified in Section 66499.3(c) of the Subdivision Map Act. 5. Release of Improvement Security Generally: Improvement security shall be released upon completion of the improvements as follows: a. Performance Security: The performance security shall be released only upon completion or fulfillment of all terms and conditions of the improvement agreement and acceptance by the city engineer. Such acceptance shall occur when the certificate of completion is signed by the city engineer. If a warranty security is not submitted, performance security shall be released 12 months after acceptance of improvements and correction of all warranty deficiencies. b. Payment Security: Security given to secure payment to the contractor, subcontractors, and persons furnishing labor, materials, or equipment may, six (6) months after the completion and acceptance of the improvements by the city, be reduced to an amount equal to the amount of all claims filed and of which notice has been given to the city. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. c. Warranty Security: The warranty security shall be released upon satisfactory completion of the warranty period, provided that all warranty deficiencies have been corrected. d. Release Not Applicable To: Pursuant to Sections 66499.7 and 66499.9 of the Subdivision Map Act, the release of improvement security as set forth above shall not apply to any costs, reasonable expenses, or fees, including reasonable attorney fees.

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June 2023 6. Release of Security Through Assessment District Proceedings: 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 payment bond required by the special assessment act being used, the improvement security of the subdivider may be reduced by the city by the amount corresponding to the amount of such bonds furnished by the contractor.

City of Avenal Municipal Code Title 10 - Subdivision Ordinance

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June 2023