Chapter 18.11 — SUBDIVISION IMPROVEMENT REQUIREMENTS

The design of subdivision improvements, including the lots themselves and all infrastructure, shall comply with the following:

A. The size, design, character, grade, location and orientation and configuration of lots within a proposed subdivision and improvements required in connection therewith shall be consistent with the density and uses authorized for the area by the general plan or the applicable specific plan, whichever is more restrictive.

B. The density, timing or sequence of development may be restricted by considerations of safety, traffic access or circulation, the slope of the natural terrain, the physical suitability of the site (including soil conditions), the nature or extent of existing development, the availability of public utilities, the availability of public facilities and public services, or other provisions of these regulations.

C. No subdivision shall create lots which are impractical for improvement or use due to steepness of terrain, location of watercourses, size, shape, inadequate frontage, or access or building area or other physical condition, or which do not meet minimum size requirements of the zone in which the property to be subdivided is located. (Ord. 2591 (part))

A. The subdivider shall construct or install all improvements required by the "Design Criteria and Improvement Standards" as adopted pursuant to section 18.10.020A. and B.

B. Improvement plans shall be completed by the subdivider prior to the acceptance of the final map or parcel map for filing by the director.

C. Improvement plans shall be prepared by a registered civil engineer and shall show full details of all

improvements required to be installed by the provisions of these regulations, and of all other improvements proposed to be installed by the subdivider within any street, alley, pedestrian way, easement or other public area or right-of-way. Full details shall include cross sections, profiles, estimated costs and specifications.

D. The form, layout, scale and other particulars of the plans, and the number of copies to be provided, shall be in accordance with the requirements of the public works director.

E. The subdivider shall pay a review fee in an amount established by resolution of the city council, or through establishment of a real-time billing account.

(Ord. 2591 (part))

Prior to the commencement of construction or installation of any improvements within any street, alley, pedestrian way, easement or other public area or right-of-way, improvement plans shall have been approved by the public works director.

(Ord. 2591 (part))

A. All improvements shall be constructed under the inspection of the public works director, and the subdivider shall cause all such improvement work to be inspected at all times as the public works director may establish. The subdivider shall pay an inspection fee in an amount specified by resolution of the council.

B. All work and improvements contemplated by and performed under the provisions of these regulations shall be accomplished so as to coordinate and minimize interference with other private or public development. (Ord. 2591 (part))

Upon recommendation of the public works director, the city council may waive all or a portion of the improvements which would otherwise be required if the subdivision map is for the purpose of consolidating existing lots and unsubdivided parcels, eliminating abandoned streets or alleys, or adjusting boundaries, when there is no public need for such improvements.

(Ord. 2591 (part))

As a condition of approval of a tentative map, it may be required that improvements installed by the subdivider for the benefit of the subdivision be of a supplemental size, capacity or number for the benefit of property not within the subdivision, and that said improvement be dedicated to the public. If such condition is imposed, provision for reimbursement to the subdivider shall be provided in accordance with the city council adopted development impact fee program and other sections of this code.

(Ord. 2591 (part))

If the required improvements are not satisfactorily completed before a final map or parcel map is filed with the director, the subdivider shall enter into an agreement with the city to make all improvements as may be required upon approval of such map.

(Ord. 2591 (part))

A. The improvement agreement shall be in writing, shall be approved as to form by the city attorney, and shall be secured and conditioned as provided in this chapter.

B. The improvement agreement, and acknowledged abstractthereof, shall be complete, and on file with the public works director before the final map or parcel map is accepted for filing. The term of each improvement agreement, filed pursuant to the provisions of this section, shall begin on the date of filing and end upon the date of completion or fulfillment of all terms and conditions therein, to the satisfaction of the public works director.

C. The agreement shall include the following provisions as minimum terms and conditions of the agreement:

1. Mutually agreeable terms to complete all required improvements at the subdivider's expense;

2. A provision that the subdivider shall comply with all requirements of these regulations, of the city code, and of other applicable laws, and with all terms and conditions of required improvement permits;

3. A statement indicating a period of time, satisfactory to the Public Works Director, within which the subdivider shall complete all improvement work;

4. A provision that, if the subdivider fails to complete the work within the specified period of time, or any extended period of time that may have lawfully been granted to the subdivider, the city may, at its option, complete the required improvement work and the subdivider and the subdivider's surety shall be firmly bound, under a continuing obligation, for payment of the full cost and expense incurred or expended by the city in completing such work;

5. Provision for the repair and replacement of defective material and workmanship of the improvements by the subdivider for a period of twelve (12) months after the improvements have been accepted by the public works director;

6. Provision for the inspection of all improvements of the subdivision by the public works director for a period of twelve (12) months after said improvement acceptance date;

7. A provision guaranteeing payment to the city for all engineering and inspection costs and fees not previously paid and all other incidental costs incurred by the city in enforcing the agreement;

8. A description of all lands within the exterior boundaries of the subdivision.

D. Additional agreement provisions. The improvement agreement may also include the following provisions and such other additional terms and conditions as may be required upon approval of the tentative map, or as are determined necessary by the director to carry out the intent and purposes of these regulations.

1. Provision for the repair, at the subdivider's expense, of any damage to public streets which may reasonably be expected to result from hauling operations necessary for subdivision improvements required by these regulations, including the importing or exporting of earth for grading purposes;

2. Mutually agreeable terms to acquire public easements which are outside the boundaries of the subdivision, at the subdivider's expense;

3. Mutually agreeable terms to improve, at some undetermined future date, easements offered and reserved for future public use at the subdivider's expense; and providing that such improvements shall be secured by separate security in the manner prescribed by this title, and further providing that the requirements of this provision shall not delay the release of any other improvement security provided pursuant to this title;

4. Provision for reimbursement to be paid the subdivider under the provisions of the Subdivision Map Act;

5. A provision that the subdivider shall provide to the city, prior to the filing of the final map, letters from each utility company guaranteeing to install the public utilities necessary to serve the subdivision. (Ord. 2591 (part))

The subdivider shall secure the foregoing improvement agreement in an amount determined by the public works director to be one hundred percent (100%) of the total estimated cost of the improvements and any additional act to be performed by the subdivider under the agreement, and such additional amount as the city council may determine necessary to cover the costs, reasonable expenses and fees including reasonable attorney's fees which may be incurred by the city in successfully enforcing said agreement. The requirement of said improvement security shall not be waived under any circumstances.

A. The improvement security shall be conditioned upon the faithful performance of the improvement agreement and shall be in one of the forms provided in the Subdivision Map Act.

B. Improvement security shall be filed with the public works director, together with the improvement agreement, before the planning director accepts the final map or parcel map for filing. The form of the improvement security shall be subject to the approval of the city attorney.

C. The term of the improvement security, filed pursuant to the provisions of this section to secure the faithful performance of the agreement, shall begin on the date of filing and end upon the date of completion or fulfillment of all terms and conditions of the improvement agreement, to the satisfaction of the public works director.

D. When the improvement security provided pursuant to section 18.11.090 (A-C) is a surety bond, it shall be accompanied by a bond for the security of laborers and material men in an amount not less than fifty percent of the estimated cost of the improvements. When the improvement is a cash deposit or letter of credit, such security shall include the amount necessary for the protection of laborers and materialmen.

E. The liability upon the security given for the faithful performance of the agreement shall include the performance of the agreement shall include the performance of any changes or alterations in the work; and guarantee and warranty the work, for a period of one year following completion and acceptance thereof, against and defective work or labor done or defective materials furnished, in the performance of the agreement with the city; provided, however, that all such changes or alterations do not exceed ten percent of the original estimated cost of the improvement.

F. If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, upon the furnishing by the contractor of the faithful performance and payment bond required by the special assessment act being used, the improvement security of the subdivider may be reduced by the city council by an amount corresponding to the amount of such bonds furnished by the contractor.

equired subdivision improvements are financed and installed pursuant to special assessment proceedings, upon the furnishing by the contractor of the faithful performance and payment bond required by the special assessment act being used, the improvement security of the subdivider may be reduced by the city council by an amount corresponding to the amount of such bonds furnished by the contractor.

G. Improvement security may be released upon the final completion and acceptance of the work; provided, however, such release shall not apply to the amount of security deemed necessary by the public works director for the guaranty and warranty period, nor to costs and reasonable expense fees, including reasonable attorney's fees, incurred by the city in enforcing the improvement agreement.

H. The public works director shall accept and certify to the satisfactory completion of improvement work prior to any release of improvement security covering such work.

(Ord. 2591 (part))