Chapter 17.48 — IMPROVEMENT PLANS AND AGREEMENTS

This chapter establishes procedures and requirements for the review and approval of improvement plans, the installation of improvements, agreements and guarantees for their installation, and dedications.

(Ord. No. 2010-265, § 3, 1-27-2010)

After the approval of a tentative map, the subdivider shall diligently proceed to complete any work necessary to fulfill the conditions of approval. A public works improvement application shall be required for all improvements proposed within new subdivisions. The application shall include any applicable forms on file with the city. Before the construction of any improvements, the subdivider shall submit plans to the city as follows:

A.

Preparation and Content. Improvement plans shall be prepared by a California registered civil engineer. Improvement plan submittals shall include the following information:

1.

Any drawings, specifications, calculations, design reports and other information required by the city engineer;

2.

Grading, drainage, erosion and sediment control, and any pollution control requirements for the entire subdivision; and

3.

Required fees, as approved by the council, including fees for improvement plan/specification checking and construction inspection.

B.

Submittal of Plans. Improvement plans shall be submitted to the city engineer for review and approval. Upon the approval of improvement plans in compliance with subsection (C) of this section, the subdivider shall also submit a detailed cost estimate of all improvements to the city engineer on a form approved by the city, which shall include a fifteen (15) percent contingency factor.

C.

Review and Approval. Improvement plans shall be reviewed and approved by the city engineer within the time limits provided by Map Act Section 66456.2.

D.

Effect of Approval. The approval of improvement plans shall be required before approval of a parcel or final map. The approval of improvement plans shall not bind the city to accept the improvements nor waive any defects in the improvements as installed.

(Ord. No. 2010-265, § 3, 1-27-2010)

Subdivision improvements required as conditions of approval of a tentative map in compliance with this chapter (See Section 17.46.010(B)) shall be installed as provided by this section.

A.

Timing of Improvements. Required improvements shall be constructed or otherwise installed only after the approval of improvement plans as provided by Section 17.48.020, and before the approval of a parcel or final map in compliance with Sections 17.42.140 or 17.42.230, except where:

1.

Improvements are deferred in compliance with Section 17.48.040; or

2.

Improvements are required as conditions on the approval of a subdivision of four or fewer lots, in which case construction of the improvements shall be required:

a.

Only when a permit for development of an affected parcel is issued by the department, or

b.

At the time the construction of the improvements is required in compliance with an agreement between the subdivider and the city, as set forth in Section 17.48.040, or

c.

At the time set forth in a condition of approval, when the review authority finds that fulfillment of the construction requirements by that time is necessary for public health and safety, or because the required construction is a necessary prerequisite to the orderly development of the surrounding area.

B.

Inspection of Improvements. The construction and installation of required subdivision improvements shall occur as follows.

1.

Supervision. Before starting any work, the contractor engaged by the subdivider shall designate in writing an authorized representative who shall have the authority to represent and act for the contractor in contacts with the city. The designated representative shall be present at the work site at all times while work is in progress. At times when work is suspended, arrangements acceptable to the city engineer shall be made for any emergency work that may be required.

2.

Inspection Procedures.

a.

Inspections Required. The city engineer shall make any inspections as he or she deems 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.

b.

Access to Site and Materials. The city engineer shall have access to the work site at all times during construction, and shall be furnished with every reasonable facility for verifying that the materials and workmanship are in accordance with the approved improvement plans.

c.

Authority for Approval. The work done and all materials furnished shall be subject to the inspection and approval of the city engineer. The inspection of the work or materials shall not relieve the contractor of any obligations to fulfill the work as prescribed.

d.

Improper Work or Materials. Work or materials not meeting the requirements of the approved plans and specifications may be rejected, regardless of whether the work or materials were previously inspected by the city engineer. In the event that the city engineer determines that subdivision improvements are not being constructed as required by the approved plans and specifications, he or she shall order the work stopped and shall inform the contractor of the reasons for stopping work and the corrective measures necessary to resume work. Any work done after issuance of a stop work order shall be a violation of this title.

3.

Notification. The subdivider shall notify the city engineer upon the completion of each stage of construction as outlined in this chapter, and shall not proceed with further construction until authorized by the city engineer.

(Ord. No. 2010-265, § 3, 1-27-2010)

A subdivider may file a parcel or final map before completion of all the improvements required by this article and conditions of approval of the tentative map, only when the subdivider first obtains council approval of a subdivision improvement agreement executed and submitted for council review by the subdivider, and provides the city performance security as required by this section. Improvement agreements and required security shall also comply with Chapter 5 of the Map Act.

A.

Contents of Improvement Agreement. A subdivision improvement agreement shall be submitted on a form provided by the city engineer and approved by city attorney and shall include the following provisions.

1.

Description of Improvements. A description of all improvements to be completed by the subdivider, with reference to the approved subdivision improvement plans;

2.

Time Limit for Construction. The period within which all required improvements will be completed to the satisfaction of the city engineer;

3.

Completion by City. Provide that if the subdivider fails to complete all required improvements within the specified time, the city may elect to complete the improvements and recover the full cost and expenses thereof from the subdivider or the surety, including any attorney and legal fees associated with enforcement of the agreement. The costs and expenses may be recorded as a lien against all parcels within the subdivision;

4.

Surety Requirement. Require the subdivider to secure the agreement by furnishing security to insure full and faithful performance, as specified in subsection (B) of this section. The amount of surety shall be based on an engineer's cost estimate submitted by the subdivider as provided by Section 17.48.020(B) and approved by the city engineer. The total cost of improvements to be guaranteed shall be as provided in the approved engineer's cost estimate;

Phased Construction. Provisions for the construction of improvements in units, at the option of the subdivider;

6.

Time Extensions. Provisions for an extension of time under conditions specified therein, at the option of the subdivider, consistent with the requirements of subsection (E) of this section;

7.

Progress Payments or Partial Release. Provide for progress payments from surety deposits or partial release of agreement surety, at the option of the subdivider, consistent with the requirements of subsection (D) of this section; provided that no progress payment or partial release shall be construed to be acceptance by the city of any portion of the required improvements or any defective work or improper materials.

B.

Security Required to Guarantee Improvements. A subdivision improvement agreement or a subdivision road maintenance and repair agreement shall be secured by adequate surety in a form approved as to form and sufficiency by the city attorney, as follows:

1.

Type of Security. Subdivision improvement agreements shall be secured by all of the following:

a.

A guarantee for faithful performance, in the amount of one hundred (100) percent of the engineer's cost estimate; and

b.

A guarantee for materials and labor, in the amount of one hundred (100) percent of the engineer's cost estimate.

2.

Form of Security. The required surety shall consist of a cash deposit of ten (10) percent of the amounts specified in subsection (B)(1) of this section, or other amount determined by the city engineer, or in one of the following forms for the full amounts specified in subsection (B)(1) of this section, as approved by the city engineer:

a.

A bond or bonds executed by one or more duly authorized corporate sureties;

b.

An instrument of credit or letter of credit from one or more financial institutions subject to regulation by the state or federal government pledging that funds necessary to carry out the act or agreement are on deposit and guaranteed for payment; or

c.

A lien upon the property to be divided, created by contract between the owner and the city.

C.

Release of Security. The security furnished by the subdivider shall be released as provided by Chapter 5 of the Map Act.

D.

Progress Payments or Partial Release. No progress payment or partial release of surety shall be made except when the city engineer has certified that the work required to qualify for payment or release has been satisfactorily completed and the

payment or release has also been approved by the council by at least four-fifths vote. No certificate given, progress payment made, or release of surety, except the final certificate of acceptance, shall be considered as any evidence of the performance of the agreement either wholly or in part. There shall be no partial acceptance of any improvements.

E.

Time Extensions. An extension of time for completion of improvements under a subdivision improvement agreement pursuant shall be granted by the council only as follows:

1.

Public Works Report. The city engineer notifies the council that the subdivider is proceeding to do the work required with reasonable diligence and has given satisfactory evidence of being able and willing to complete all required work within the time of the requested extension.

2.

Agreement by Sureties. The sureties agree in writing to extend for the additional period of time at the original amount of the bond or other surety, or if recommended by the city engineer, at an increased amount.

3.

Council Action. The council approves the extension by at least a four-fifths vote. As a condition of granting a time extension, the council may impose whatever additional requirements the council deems reasonable to protect the public interest.

F.

Acceptance of Improvements. Before acceptance for maintenance or final approval by the council of subdivision improvements, the city engineer shall verify that the improvement work has been completed in substantial compliance with the approved plans and specifications.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.50 - DEDICATIONS AND EXACTIONS