§ 16.32

In all subdivisions, the streets, alleys, lots, and easements shall be laid out to provide for necessary water, sewer, and drainage facilities. All streets and alleys within and adjoining the subdivision, together with any necessary drainage and sanitary sewer easements, shall be graded and improved to a width and grade approved by the city engineer; it being understood that where the proposed subdivision abuts an existing dedicated unimproved street, improvements shall normally be required to be constructed only on the onehalf of said street adjoining the proposed subdivision.

(Ord. 575 § 2 (part), 1964: prior code § 8441)

In addition to permanent improvements, temporary improvements may be required prior to or concurrent with permanent improvements.

(Ord. 575 § 2 (part), 1964: prior code § 8442)

The advisory agency, upon the recommendation of the city engineer, may waive improvement requirements upon request of the subdivider in accordance with Chapter 16.44.

(Ord. 575 § 2 (part), 1964: prior code § 8443)

All street improvements, including drainage structures incidental thereto, shall be installed to grade, which grade shall be approved by the city engineer. Plans, profiles and specifications for such improvements shall

be furnished to the city engineer not later than the time of submitting the final map. Such plans, profiles and specifications shall show full details and shall be in accordance with the standards of the city.

(Ord. 575 § 2 (part), 1964: prior code § 8444)

A.

The subdivider shall make all necessary arrangements with each serving utility for the installation of its facilities.

B.

Utility facilities, with connections within the subdivision, adequate to supply communication, electricity, gas, sewer, and water service to the subdivision shall be constructed and installed therein for the purpose of supplying such services to the subdivider.

(Ord. 656 § 1 (part), 1971: prior code §§ 8444.1, 8444.2)

16.32.060 - Utilities—Underground requirements—Exceptions.

All communication and electrical distribution facilities installed in and for the purpose of supplying any communication or electrical service in the subdivision, and also all community antenna television distribution facilities, if any, installed in and for the purpose of supplying any community antenna television signal service to a subdivision, shall be placed underground, except as follows:

A.

Transformers, pedestals, terminal boxes, meter cabinets, concealed ducts and other facilities necessarily appurtenant may be situated aboveground if they are used solely for the purpose of providing service within the subdivision and are used solely in connection with the underground distribution lines.

B.

General transmission, subtransmission, long distance, trunk or feeder lines may be situated above the surface of the ground when such lines are not used as individual subdivision distribution lines. Location of such lines shall be approved by the serving utility and the city.

C.

Poles supporting street lights, and the electricity lines within said poles, may be situated above the surface of the ground.

(Ord. 656 § 1 (part), 1971: prior code §§ 8444.4—8444.6)

16.32.070 - Utilities—Underground requirements—Waiver.

A.

Conditions. After consideration of the report and recommendation of the planning commission, the city council may waive the underground requirements of Section 16.32,060, whole or in part, if it finds that topographical, soil or other conditions or circumstances make underground installation of said facilities unreasonable or impracticable.

B.

Industrial Subdivisions. After consideration of the report and recommendation of the planning commission, the city council may waive the requirements of underground utilities in part for industrial subdivisions.

C.

Easements for Overhead Pole Lines. In those cases where the requirement for underground utilities has been waived, then easements for overhead pole lines shall be provided at the rear of all lots, except where alleys are available, or where the requirement is waived by the city council.

D.

Effect. The waiver by the city council of the requirements of Section 16.32.060 for one portion of a subdivision shall not affect the requirements for the balance of that subdivision.

(Ord. 656 § 1 (part), 1971: prior code §§ 8444.7—8444.10)

If the approval of the tentative map required street lighting plans for a street lighting system, plans shall be submitted to and be approved by the city engineer.

(Ord. 575 § 2 (part), 1964: prior code § 8445)

Curbs and gutters shall be constructed on all streets within the subdivision, except where not required by the advisory agency, subject to approval of the city council.

(Ord. 575 § 2 (part), 1964: prior code § 8446)

Sidewalks shall be constructed on all highways within or adjacent to the subdivision and on local streets; except that in rural areas sidewalks may be omitted or may be provided on only one side of the street or highway, subject to the approval of the advisory agency and ratification by the city council.

(Ord. 575 § 2 (part), 1964: prior code § 8447)

The city may require the subdivider to provide adequate landscaping, and arrangements between the subdivider and the city may be made whereby the subdivider makes a cash payment to the city in an amount sufficient to ensure the city of adequate funds to plant street trees in subdivisions at the proper

time as determined by the city engineer. The city may plant street trees either by contract or by city forces. The amount of cash payment per tree shall be determined by the city council in accordance with prevailing nursery prices and labor costs, and shall be subject to annual revision.

(Ord. 575 § 2 (part), 1964: prior code § 8448)

In the event the approval of the tentative map requires agreement for improvement of streets, utilities, or other facilities in connection with the subdivision, and the improvements have not been installed and accepted by the city prior to the presentation of the final map to the city council, the subdivider shall:

A.

Bond. File with the city clerk a bond in such amount as the city engineer estimates and determines to be necessary to complete all of the improvements required to be installed. The bond shall be executed by the subdivider as principal, and a corporation authorized to act as surety under the laws of the state of California as surety. The bond shall be payable to the city and be conditioned upon the faithful performance of any and all work required to be done within a specified reasonable time; or

B.

Cash or Negotiable Bond. Deposit with the city clerk cash or negotiable bonds of the kind approved by law for securing deposits of public money in such amount as the city engineer estimates and determines to be necessary to complete all of the improvements required to be installed. Whenever the subdivider elects to deposit cash or approved negotiable bonds, the city shall be authorized in the event of any default on the part of the subdivider in the performance of any work or improvement for which the cash or negotiable bonds are filed to cause the work to be done and to pay all costs therefor from such deposit; or

C.

Instrument of Credit. Deposit with the city clerk, and subject to the approval of the finance director/city treasurer, an instrument or instruments of credit from one or more financial institutions, subject to regulation by the state or federal government, pledging that funds in such amount as the city engineer estimates and determines to be necessary to complete all of the improvements required to be installed are on deposit and guaranteed for payment; further agreeing that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument of credit. Whenever the subdivider elects to deposit an instrument or instruments of credit, the city shall be authorized in the event of any default on the part of the subdivider in the performance of any work or improvement for which the instrument or instruments of credit are filed to cause the work to be done and to pay all costs therefor from such funds which are on deposit pursuant to the aforementioned instrument or instruments of credit. "Instrument or instruments of credit" is defined to include the establishment of a construction loan disbursement account which requires the approval and the signature of the city by an appropriate city official as a condition precedent to any disbursement of funds contained in such construction loan disbursement account.

(Ord. 653 § 1 (part), 1970: Ord. 575 § 2 (part), 1964: prior code § 8449)

(Ord. No. 1145, § 1(KK), 10-2-2012)

Any contract for the future improvement of a subdivision shall contain, among other provisions, the following:

A.

Term of Bond. Subject to the conditions stated in this section, the term of each deposit of cash, negotiable bonds, or instrument or instruments of credit in lieu of bond or surety bond filed pursuant to the provisions of this title shall begin on the date of the deposit or filing of the survey bond and shall end upon the date of the completion to the satisfaction of the city engineer of all the improvements required to be done by the owner. The fact of such completion shall be evidenced by a statement thereof signed by the city engineer, a copy of which shall be returned to the owner or person legally entitled thereto, or the surety bond exonerated at any time after the city engineer has signed the statement.

B.

Amount of Guarantee. The amount of the guarantee shall be one hundred percent of the estimated cost of the work as determined by the city engineer.

C.

Provisions. Every surety bond furnished and every contract under which a deposit is made to secure and guarantee the construction and completion of the improvements required to be done by the subdivider shall further provide and be conditioned that the surety executing such bond, or such deposit, respectively, shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the city in causing any and all such required work to be done, and that surety or depositor, respectively, assents to any lawful extensions of time within which to construct and complete such improvements that may be granted to the subdivider.

(Ord. 734 § 9, 1978; Ord. 653 § 1 (part), 1970: Ord. 575 § 2 (part), 1964: prior code § 8449.1)

16.32.140 - Guarantee for construction of improvements—Acceptance of partial work.

A.

When a substantial portion of the required improvement in a tract has been completed to the satisfaction of the city engineer, and the completion of all remaining improvements in the tract is delayed due to conditions beyond the control of the subdivider, the city engineer may, in his discretion, accept the completed portion of the improvements and consent to a proportionate reduction of the surety bond to an amount estimated and determined by him to be adequate to assure the completion of the required improvements remaining to be done.

B.

Whenever the subdivider deposits cash, approved negotiable bonds or an instrument or instruments of credit, the deposit by its terms may provide for the acceptance of the work as it progresses and for partial withdrawal of the deposit of money or negotiable bonds upon certification of the city engineer that the

completed portion of the work is accepted by the city, and that sufficient money or bonds remain on deposit to assure the completion of all of the required improvements remaining to be done.

(Ord. 653 § 1 (part), 1970: Ord. 575 § 2 (part), 1964: prior code § 8449.2)

Chapter 16.36 - PRIVATE STREETS