Camarillo Municipal Code Ch. 18.65 Improvement Plans

The provisions of this chapter relating to improvement plans shall apply to all types of development, regardless of whether a subdivision is involved; for purposes of this chapter, the term "subdivider" shall mean "developer."

(Ord. 810 § 44, 1994.)

Improvement plans shall be prepared under the direction of and signed by a registered civil engineer licensed by the State of California. Improvement plans shall include, but not be limited to, grading, storm drains, landscaping, streets, water, sewer, public utilities, and related facilities. Landscaping plans shall be prepared by a registered architect or by a registered landscape architect.

(Ord. 685 § 1, 1989: Ord. 678 § 31, 1989: Ord. 570 § 3 (part), 1984.)

A. An improvement plan shall be acted on within sixty working days of its submittal, except that at least fifteen working days shall be provided for processing any resubmitted improvement plan. The sixty working day period shall not include any days during which the improvement plan has been returned to the applicant for correction, has been subject to review by other than the city or, following that review, has been returned to the applicant for correction.

B. The time limits specified in this section for acting on improvement plans may be extended by mutual consent of the subdivider and the advisory agency or legislative body required to act. However, no advisory agency or legislative body may require a routine waiver of time limits as a condition of accepting the improvement plan. A routine waiver may be obtained for the purpose of permitting concurrent processing of other requirements related to the improvement plan or map.

C. If, at the time of submittal or resubmittal, the city or designee determines it is unable to meet the time limits of this section, the city or designee shall, upon request of the subdivider and for purposes of meeting the time limits, contract or employ a private entity or persons on a temporary basis to perform services necessary to permit the agency or designee to meet the time limits. However, a city or designee need not enter into a contract or employ those persons if it determines either of the following:

1. No entities or persons are available or qualified to perform the services;

2. The city or designee would be able to perform services in a more rapid fashion by modifying its own work schedule than would any available and qualified persons or entities.

The city may charge the subdivider fees in an amount necessary to defray costs directly attributable to employing or contracting with entities or persons performing services pursuant to this section.

D. "Improvement plan" means the plan for public improvement as described in Sections 66418 and 66419 of the Government Code.

(Ord. 810 § 45, 1994; Ord. 678 § 32, 1989.)

A. Plans, profiles and details shall be legibly drawn, printed or reproduced on twenty-four-inch by thirty-six-inch sheets. A border shall be made on each sheet providing one-half inch at top, bottom and right side and one and one-half inch on the left side.

B. A suitable title block shall be placed in the lower right corner or along the right edge and provide adequate space for approval by the city engineer and for approval of plan revisions.

C. Plan and profiles shall be drawn to the scale of one inch equals forty feet or larger unless approved by the city engineer. Details shall be drawn to such scale that clearly shows the facility being constructed. The scales for various portions of the plans shall be shown on each sheet.

D. A vicinity map shall be shown on the first sheet of all sets of plans.

E. A north arrow shall be shown on each sheet when applicable.

F. Plans shall be laid out to orient north to the top or right edge of the sheet unless approved otherwise by the city engineer.

G. All lettering shall be one-eighth inch minimum if handwritten and one-tenth inch minimum if computer drawn (CAD).

H. If the plans include three or more sheets, a cover sheet showing the streets, lots, easements, storm drains, index and vicinity map shall be included.

I. The form of all plans shall conform to such additional requirements as may be established by the city engineer. The final form of all plans shall be as approved by the City engineer.

(Ord. 810 § 46, 1994; Ord. 570 § 3 (part), 1984.)

The improvement plans shall show complete plans, profiles and details for all required improvements to be constructed, both public and private (including common areas). References may be made to the city of Camarillo, Ventura County or state standard plans in lieu of duplicating the drawings thereon.

(Ord. 570 § 3 (part), 1984.)

Hydrology, hydraulic plans and calculations, bond estimates and any structural calculations as may be required, shall be submitted with the improvement plans to the city engineer. All calculations shall be legible, systematic and signed and dated by a registered civil engineer licensed by the state and in a form as approved by the city engineer.

(Ord. 570 § 3 (part), 1984.)

The subdivider shall submit four sets of improvement plans and two copies of all computations to the city engineer for review. Upon completion of his review, one set of the preliminary plans, with the required revisions indicated thereon, will be returned to the subdivider's engineer.

(Ord. 570 § 3 (part), 1984.)

A. After completing all required revisions, the subdivider's engineer shall transmit the originals of the improvement plans to the city engineer for his signature.

B. Upon finding that all required revisions have been made and that the plans conform to all applicable city ordinances, design review requirements and conditions of approval of the tentative map, the city engineer shall sign and date the plans. The originals will be returned to the subdivider's engineer for preparation of distribution prints.

C. Approval by the city engineer shall in no way relieve the subdivider or his engineer from responsibility for the design of the improvements and for any deficiencies resulting from the design thereof or from any required conditions of approval for the tentative map.

(Ord. 810 §§ 47, 48, 1994; Ord. 570 § 3 (part), 1984.)

Requests by the subdivider or the engineer for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the city engineer or his appointee and shall be accompanied by two sets of revised drawings showing the proposed revisions. If the revision is acceptable. the originals shall be submitted to the city engineer's office for initialing. The originals shall be returned to the subdivider's engineer and two sets of the revised plans shall be immediately transmitted to the city engineer. Construction of any proposed revision will not be permitted to commence until revised plans have been received and forwarded to the city's engineering inspection division.

(Ord. 570 § 3 (part), 1984.)

A. 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 his engineer. The subdivider's engineer shall revise the plans and transmit the originals to the city engineer for initialing within such time as specified by the city engineer. Upon receipt of the initialed originals, the subdivider's engineer shall immediately transmit two sets of revised drawings to the city engineer. Construction of all or any portion of the improvements may be stopped by the city engineer until revised drawings have been submitted.

B. The subdivider may appeal revisions required by the city engineer to the city council by filing an appeal with the city clerk within two working days following receipt of the request to revise the plans. The appeal shall be heard by the city council within thirty days.

(Ord. 570 § 3 (part), 1984.)

Costs incurred by the city for the checking of plans or calculations or inspection as a result of revisions to the approved plans shall be borne by the subdivider at actual cost. A deposit, when required, shall be submitted with the revised prints; such deposit shall be applied toward the actual costs.

(Ord. 570 § 3 (part), 1984.)

A. If, at the time of approval of the final map, any public improvements required by the city or other local agency pursuant to the State Subdivision Map Act or this title have not been completed and accepted in accordance with standards established by ordinance applicable at the time of the approval or conditional approval of the tentative map, then the city council or city engineer in the case of a parcel map, as a condition precedent to the approval of the final map, shall require the subdivider to enter into one of the following agreements specified by the city:

1. An agreement with the city to complete the improvements at the subdivider's expense; or

2. An agreement with the city to initiate and consummate proceedings under an appropriate special assessment act or the Mello-Roos Community Facilities Act of 1982, (commencing with Government Code Section 53311) for the financing and completion of all of the improvements. This agreement shall provide that if the improvements are not completed under a special assessment act or the Mello-Roos Community Facilities Act of 1982, the subdivider shall complete the improvements at the subdivider's expense.

B. The agreement shall be in a form acceptable to the city attorney and may be required to be recorded.

C. The city shall require that performance of an agreement entered into pursuant to this section be guaranteed by the security specified in Section 18.65.110.

(Ord. 810 § 49, 1994: Ord. 570 § 3 (part), 1984.)

A. Any improvement agreement, contract or act required or authorized by the Subdivision Map Act, for which security is required, shall be secured in accordance with Section 66499 of the Government Code and as provided herein.

B. No final map or parcel map shall be signed by the city engineer or recorded until all improvement securities required by this section have been received and approved.

C. The form of security shall be one or the combination of the following at the option and subject to the approval of the city:

1. Bond or bonds by one or more corporate sureties duly authorized to do business in the state of California and with a minimum rating as determined necessary by the director of finance, in a form acceptable to the city attorney.

2. A deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the city, or money or negotiable bonds of the kind approved for securing deposits of public moneys, other than a cash deposit. In the case of a passbook, certificate of deposit or like instrument which is in the name of the subdivider, the subdivider shall provide the city with an assignment agreement, assigning subdivider's interest in the security to the city.

3. An instrument or letter of credit, or a set-aside letter 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.

(Ord. 810 § 50, 1994: Ord. 570 § 3 (part), 1984.)

A. A performance bond or security in the amount of one hundred percent of the estimated construction cost to guarantee the construction or installation of all improvements shall be required of all subdivisions. An additional amount of one hundred percent of the estimated construction cost of improvements shall be required to guarantee the payment to the subdivider's contractor, subcontractors and to persons furnishing labor, materials or equipment for the construction or installation of improvements.

B. If a set-aside letter is used as security, an additional twenty percent of the estimated construction cost will be required in addition to the percentage as stated above.

C. The estimate of improvement costs shall be as approved by the city engineer and shall provide for:

1. Not less than ten percent of the total construction cost for contingencies;

2. Increase for projected inflation computed to the estimated midpoint of construction;

3. All utility installation costs or a certification acceptable to the city engineer from the utility company that adequate security has been deposited to insure installation;

4. In addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorneys' fees, incurred in enforcing the obligation secured.

(Ord. 570 § 3 (part), 1984.)

Upon acceptance of the subdivision improvements by the city council, or by the city engineer for parcel maps, the subdivider shall provide security in the amount as required by the city engineer to guarantee the improvements throughout the warranty period. The amount of the warranty security shall be not less than twenty-five percent of the cost of the construction of the improvements, shall be retained for the one-year warranty period, and shall be in a form acceptable to the city attorney.

(Ord. 810 § 52, 1994: Ord. 570 § 3 (part), 1984.)

The performance security shall be released only upon acceptance of the improvements by the city and when an approved warranty security has been filed with the city engineer.

(Ord. 570 § 3 (part), 1984.)

Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment may, six months after the completion and acceptance of the improvements by the city council, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the city council. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

(Ord. 570 § 3 (part), 1984.)

The warranty security shall be released upon satisfactory completion of the warranty period provided:

A. All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected;

B. Not less than twelve months have elapsed since the acceptance of the improvements by the city council or by the city engineer for parcel maps.

(Ord. 810 § 53, 1994: Ord. 570 § 3 (part), 1984.)

A. The construction methods and materials for all improvements shall conform to the standards specifications of the city as adopted by council resolution. The general provisions of the city's standard specifications shall apply to the developer where applicable.

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

C. All improvements are subject to inspection by the city engineer or authorized personnel in accordance with the city's standard specifications.

(Ord. 570 § 3 (part), 1984.)

Prior to commencing any construction, the developer shall arrange for a preconstruction conference with the department of engineering services.

(Ord. 570, § 3 (part), 1984.)

A. Upon completion of the subdivision improvements, the developer shall apply in writing to the city engineer for a preliminary final inspection. The city engineer or authorized representative shall schedule a preliminary final inspection.

B. A deficiency list shall be compiled during the inspection, noting all corrections or any additional work required. If the number of items are excessive or the subdivision appears incomplete, the preliminary final inspection may be halted and rescheduled on a date as determined by the city engineer or authorized representative.

C. When the preliminary final inspection has been completed, a copy of the deficiency list shall be transmitted to the developer for correction.

D. Upon having completed all corrections or additional work as outlined by the deficiency list, the developer shall certify in writing that all corrections have been completed satisfactorily and request a final inspection. The city engineer or authorized representative shall then make a final inspection.

E. Upon finding that all items on the deficiency list have been corrected and receipt of as-built improvement plans, the subdivision shall be placed on the council agenda for acceptance, or acceptance by the city engineer for parcel maps.

F. The completion of corrections indicated by the deficiency list shall not relieve the developer from the responsibility of correcting any deficiency not shown on the list that may be subsequently discovered during the warranty period.

(Ord. 570 § 3 (part), 1984.)

A. Improvements for subdivisions of five or more parcels shall be completed by the developer within such time as approved by the city engineer, not to exceed a period of twenty-four months, from the recording of the final map, unless an extension is granted by the city engineer upon written request of the developer setting forth good cause.

B. Should the subdivider fail to complete the improvements within the specified time, the city engineer may cause any or all uncompleted improvements to be completed and the parties executing the surety or sureties shall be firmly bound for the payment of all necessary costs therefor.

(Ord. 810 § 54, 1994: Ord. 570 § 3 (part), 1984.)

A. Completion of improvements for subdivisions of four or less parcels will not be required until such time as a permit or other grant of approval for the development of a specified parcel is issued. Improvements shall be completed prior to final building inspection or occupancy of any unit within the development, unless otherwise approved by the city engineer.

B. The completion of the improvements for subdivisions of four or less parcels may be required by a specified date prior to development of a parcel 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.

(Ord. 810 § 55, 1994: Ord. 678 § 34, 1989; Ord. 570 § 3 (part), 1984.)

A. The completion date may be extended by the city engineer upon written request by the developer and the submittal of adequate evidence showing good cause to justify the extension. The request should be made not less than thirty days prior to expiration of the improvement agreement.

B. The subdivider shall enter into an extension agreement with the city. The agreement shall be signed by the city engineer, in a form acceptable to the city attorney.

C. In consideration of an extension agreement, 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;

5. Such other additional requirements which the city engineer deems necessary as a condition to approving any time extension for the completion of improvements.

D. The costs incurred by the city in processing the extension agreement, including attorney's fees shall be borne by the developer at actual cost.

(Ord. 810 § 56, 1994: Ord. 570 § 3 (part), 1984.)

When all improvement deficiencies have been corrected and "as built" improvement plans filed, the subdivision improvements shall be considered by the city for acceptance. Subdivisions of five (5) or more parcels must be accepted by the city council. The city engineer or authorized representative shall be responsible for the acceptance of subdivisions of four (4) or less parcels.

(Ord. 570 § 3 (part), 1984.)

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

(Ord. 570 § 3 (part), 1984.)

A. When requested by the subdivider in writing, the city may consider acceptance of a portion of the improvements as recommended by the city engineer. 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.

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

(Ord. 570 § 3 (part), 1984.)