Chapter 18.14 — SUBDIVISION IMPROVEMENTS AND IMPROVEMENT SECURITY

The subdivider shall construct all required improvements both on site and off site according to approved standards. No final maps shall be presented to the council or parcel map to the city engineer for approval until the subdivider either completes the required improvements or enters into an agreement with the city agreeing to do such work and providing safeguards for the city in the completion and warranty of such work.

(Code 1969, § 18.14.010; Ord. No. 559, § 1(part), 1986)

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. Completion of the improvements shall be in accordance with section 18.14.071.

(2)

Off-site utility extensions or oversizing beyond the normal requirements of the subdivision may be required for orderly development and long-range planning purposes of the city. This may include acquisition of right- of-way necessary for such improvements. Insofar as this may benefit other property owners, the city may enter into an agreement with the subdivider to reimburse for that portion of the cost of these improvements in excess of that needed by the subdivision.

(Code 1969, § 18.14.020; Ord. No. 559, § 1(part), 1986)

(a)

For single-family residential subdivisions of up to four parcels plus a remainder parcel, the requirements as outlined in section 12.04.020 shall be enforced with regard to requirements related to the construction of public off-site street improvements. Alternatively, the property owner may, upon approval by the city

engineer, pay a fee-in-lieu for public off-site improvements per section 12.04.021 of this Code. The city will hold these funds until sufficient monies are available to construct the required public improvements in the neighborhood surrounding the subject property.

(b)

Commercial and industrial subdivisions shall be subject to section 12.04020(d)this Code.

(Code 1969, § 18.14.031; Ord. No. 559, § l(part), 1986; Ord. No. 880-2011, § 2(exh. B), 6-6-2011; Ord. No. 910-2013, § 3, 7-15-2013)

(a)

Where remainders are made part of a final or parcel map, the subdivider may enter into an agreement with the city at the option of 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 engineer shall 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.

(b)

A certificate of compliance may be required for remainder parcels.

(c)

The intent of allowing remainder parcels is not to create abnormally shaped parcels which are undevelopable or to circumvent city regulations requiring public improvements.

(Code 1969, § 18.14.032; Ord. No. 559, § 1(part), 1986)

The design and layout of all required improvements both on-site and off-site, private and public, shall conform to generally acceptable engineering standards and to such standards as approved by the city engineer.

(Code 1969, § 18.14.041; Ord. No. 559, § 1(part), 1986)

(a)

The design of a subdivision for which a tentative map is required shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

(b)

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.

(c)

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.

(d)

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.

(e)

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

(f)

For the purposes of this section, the term "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.

(Code 1969, § 18.14.042; Ord. No. 559, § 1(part), 1986)

(a)

The subdivision shall abut upon or have an approved access to a public street. 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 nonaccess at the end of streets or at the boundaries of subdivisions, shall be dedicated or deeded to the city as required by the city engineer.

(Code 1969, § 18.14.050; Ord. No. 559, § 1(part), 1986)

(a)

The construction methods and materials for all improvements shall conform to the standard plans and specifications of the city. The general provisions of the city's standard specifications shall apply to the subdivider, where applicable.

(b)

Construction shall not commence until required improvement plans have been approved by the city engineer.

(Code 1969, § 18.14.060; Ord. No. 559, § 1(part), 1986)

(a)

The subdivision improvements shall be completed by the subdivider prior to approval of the final map, or as specified in the subdivision improvement agreement.

(b)

Should the subdivider fail to complete the improvements and conditions within the specified time, the city may, by resolution of council and at its option, cause any or all uncompleted improvements to be completed and the parties executing the sureties shall be firmly bound for the payment of all necessary costs.

(Code 1969, § 18.14.071; Ord. No. 559, § 1(part), 1986)

Completion of improvements may not be required until such time as a permit or other grant of approval for the development of any parcel within the subdivision is applied for. The completion of the improvements may be required by a specified date by the city when the completion of such improvements are found to be necessary for public health or safety or for the orderly development of the surrounding area. This finding shall be made by the city engineer or authorized representative. The specified date, when required, shall be stated in the subdivision improvement agreement. Improvements shall be completed prior to final building inspection or occupancy of any unit within the subdivision.

(Code 1969, § 18.14.072; Ord. No. 559, § 1(part), 1986)

(a)

The completion date may be extended by the city council for subdivisions of five or more parcels and by the city engineer for subdivisions of four or less parcels upon written request by the developer and the

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.

(b)

The subdivider shall enter into a subdivision improvement agreement extension with the city. For subdivisions of five or more parcels, the agreement shall be prepared and signed 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 their consideration. If approved by the city council, the mayor shall execute the agreement on behalf of the city.

(c)

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

(1)

Revision of improvement plans to provide for current design and construction standards when required by the city engineer.

(2)

Revised improvement construction estimates to reflect current improvement costs as approved by the city engineer.

(3)

Increase of improvement securities in accordance with revised construction estimates.

(4)

Inspection fees may be increased to reflect current construction costs but shall not be subject to any decrease or refund.

(d)

The city council may impose additional requirements as recommended by the city engineer or as it deems necessary as a condition to approving any time extension for the completion of improvements. The costs incurred by the city in processing the agreement shall be borne by the subdivider.

(Code 1969, § 18.14.073; Ord. No. 559, § 1(part), 1986)

(a)

When all improvement deficiencies have been corrected and as-built improvement plans filed, the subdivision improvements shall be considered by the city for acceptance. The city engineer shall have the authority to review and inspect all improvements and, upon approval of all such improvements, a notice of completion shall be issued by the city engineer.

(b)

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

(Code 1969, § 18.14.081; Ord. No. 559, § 1(part), 1986)

If the subdivision improvements have been accepted by the city, the city clerk shall cause to be filed with the county recorder a notice of completion.

(Code 1969, § 18.14.082; Ord. No. 559, § 1(part), 1986)

When requested by the subdivider in writing, the city may consider acceptance of a portion of the improvements as recommended by the city engineer. All fees for inspection of the subdivision improvements shall be paid by the subdivider prior to recordation of the final map.

(Code 1969, § 18.14.083; Ord. No. 559, § 1(part), 1986)

(a)

The subdivider shall warranty all public improvements against defects in materials or workmanship for a period of one year after acceptance by the city council.

(b)

The improvements will be accepted by the city only if it finds that it is in the public interest and such improvements are for the use of the general public.

(c)

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

(Code 1969, § 18.14.084; Ord. No. 559, § 1(part), 1986)