Carpinteria Municipal Code Ch. 16.28 Improvements

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For statutory provisions on improvement security see Gov. Code § 66499 et seq.

The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map, and thereafter to dedicate such improvements to the public. However, the subdivider shall be reimbursed for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements pursuant to the provisions of the Subdivision Map Act.

(Prior code § 10500)

A. No charge, area of benefit or local benefit district shall be established unless and until a public hearing in accordance with the provisions of Section 16.08.100 of this title is held thereon by the city council, and the city council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and actual ultimate beneficiaries thereof.

B. In addition to the notice required by Section 16.08.100, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment roll, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the city clerk at least ten days prior to the date established for hearing.

(Prior code § 10501)

If the city has adopted a local drainage or sanitary sewer plan or map as required for the imposition of fees therefore, or has established an area of benefit for bridges or major thoroughfares as provided in this title, the city may impose a reasonable charge on property within the area benefited and may provide for the collection of such charge as set forth in this title. The city may enter into reimbursement agreements with a subdivider who constructs such facilities, bridges or thoroughfares and the charges collected by the city therefore may be utilized to reimburse the subdivider as set forth herein.

(Prior code § 10502)

Any improvement agreement, contract or act required or authorized by the Subdivision Map Act, for which security is required, shall be secured in the manner provided for in Section 66499 of the Subdivision Map Act. The improvement security posted for the improvements required for the proposed subdivision shall be for the full amount of the estimated costs of the improvements as determined by the city engineer. In addition, security in the same amount shall be posted to secure payment by the subdivider to the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials to them for the improvement of the proposed subdivision (in the full amount of the estimated costs of the improvements). The improvement security may be of any type set forth in Section 66499 of the Government Code and, before acceptance by the city, shall be approved by the city attorney as to form and legal sufficiency. Bonds and other security shall be in the form required under the Subdivision Map Act (see Government Code Section 66499.1 et seq.) and as set forth in Chapter 2.17 of this code.

(Ord. 297 § 14, 1981: prior code § 10503)

A. The improvement security shall be in the amounts set forth or authorized in Section 66499.3 of the Subdivision Map Act. If the improvement security is other than a bond or bonds furnished by duly authorized corporate surety, an additional amount shall be included as determined by the city council as necessary to cover the cost and reasonable expenses and fees, including reasonable attorneys' fees, which may be incurred by the city in successfully enforcing the obligation secured.

B. The improvement security shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed ten percent of the original estimated cost of the improvement.

(Prior code § 10504)

If any monuments are to be set following the submission of the final map to the city engineer for his certificate, a cash deposit in a sum determined by the city engineer shall be submitted to the city as security to guarantee the payment of the cost of setting such monuments (see Government Code Section 66496). In determining the amount of the cash deposit, the city engineer shall make the estimate of the cost to set monuments not already existing. This procedure may only be followed if the engineer or surveyor certifies on the map that the monuments will be set on or before a specified date (see Government Code Section 66496). The disposition of the cash deposit submitted to the city shall be in accordance with Government Code Sections 66497 and 66498.

(Prior code § 10505)

Improvement security shall be released only in the following manner:

A. Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work and the posting, if required, of any guarantee security, subject, however, to the provisions of subsection B of this section.

B. The city engineer may release a portion of the security in conjunction with the acceptance of the performance of the act or work as it progresses upon application therefore by the subdivider; provided, however, that no such release shall be for an amount less than twenty-five percent of the total improvement security given for faithful performance of the act or work and that the security shall not be reduced to an amount less than twenty-five percent of the total improvement security given for faithful performance until final completion and acceptance of the act or work. In no event shall the city engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the act on work and any other obligation imposed by this title, the Subdivision Map Act or the improvement agreement.

C. Security given to secure payment to the contractor, his subcontractors and persons furnishing labor, materials or equipment, may, six months after the completion and acceptance of the act or work, be reduced to an amount equal to the amount of all claims filed therefore and of which notice has been given to the city council, plus an amount reasonably determined by the city engineer to be required to assure the performance of any other obligations secured thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given. (See Government Code Section 66499.7 (b)).

D. No security given for the guaranty or warranty of work shall be released until the expiration of the period thereof.

E. No release of security shall be made other than as permitted by the Subdivision Map Act (see Government Code Sections 66499.7 and 66499.8) in any case where the performance of the obligation for which the security is required is subject to the approval of another agency, the security shall not be released until the obligation is performed to the satisfaction of such other agency. Such agency shall have two months after completion of the performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the performance of the obligation was done to its satisfaction. (See Government Code Section 66499.8).

(Prior code § 10506)

At the time of the completion of the improvements required by this title and as a condition precedent to the exoneration of the improvement security, the subdivider shall submit two sets of prints and the original tracings of improvement plans which have been modified to reflect the improvements as built and shall certify that all improvement work has been constructed in accordance with the requirements of this title.

(Prior code § 10507)