§ 19.78

A.

Requirements for the design and layout. This Chapter establishes standards for the design and layout of subdivisions, and the design, construction, and installation of public improvements within subdivisions. Additional standards for hillside properties, as defined in Section 19.46.020, may apply and are provided in Chapter 19.46 (Hillside Development Standards). Also, other design and layout standards that support sustainability and conservation are provided in Chapter 19.52 (Sustainable Development Standards) and should be incorporated to the extent feasible.

B.

Creation of new usable parcels. The purpose of these standards is to ensure, through careful site evaluation and design, the creation of new usable parcels that are consistent with the General Plan and any applicable specific plan.

19.78.020 - Applicability of design and improvement standards.

The requirements of this Chapter apply as follows:

A.

Extent of required improvements. Each subdivision of four or fewer parcels, and each subdivision of five or more parcels, shall provide the improvements required by this Chapter, and any additional improvements required by conditions of approval.

B.

Applicable design standards, timing of installation.

1.

The subdivider shall construct all on- and off-site improvements according to standards approved by the City Engineer.

2.

No parcel or final map shall be presented to the Council for approval and no parcel map shall be presented to the City Engineer for approval until the subdivider either completes the required improvements, or enters

into a subdivision improvement agreement with the City for the work in compliance with Section 19.78.040 (Subdivision Improvement Requirements), below.

C.

Subdivision improvement standards—Conditions of approval.

1.

The applicable subdivision improvement and dedication requirements of this Chapter and any other improvements and dedications required by the review authority shall be described in conditions of approval adopted for each approved tentative map in compliance with Section 19.72.070 (Conditions of Approval).

2.

The design, construction, or installation of all subdivision improvements shall comply with the requirements of the City Engineer.

D.

Oversizing of improvements.

1.

At the discretion of the review authority, improvements required to be installed by the subdivider for the benefit of the subdivision may also be required to provide supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and may be required to be dedicated to the City, in compliance with Government Code Chapter 4, Article 6.

2.

In the event that oversizing is required, the City shall comply with all applicable provisions of Government Code Sections 66485 et seq., including the reimbursement provisions of Government Code Section 66486.

3.

If a parcel proposed for subdivision is subject to an existing reimbursement agreement, the subdivider shall pay the required reimbursement before the recordation of the parcel or final map, or the issuance of a Building Permit for construction on the parcel, whichever occurs first.

E.

Exceptions. Exceptions to the requirements of this Chapter may be requested and considered in compliance with Section 19.70.110 (Exceptions to Subdivision Standards).

A.

Purpose. This Section establishes standards for the design and layout of subdivisions.

B.

Applicability. Each subdivision shall be designed in compliance with the standards of this Section, except where an exception is granted in compliance with Section 19.70.110 (Exceptions to Subdivision Standards).

C.

Roads and streets. The layout, design, and construction of proposed roads and streets shall comply with the General Plan, and adopted City street standards.

1.

Street alignment plan.

a.

If the General Plan (or any applicable specific plan) designates a general location of a proposed street and any portion of the street may be wholly or partially located within a proposed subdivision or may be affected by a proposed subdivision before the approval of the subdivision, a specific alignment plan shall be prepared and adopted.

b.

Each street shall conform in width and alignment with that shown or indicated on the General Plan or any standards adopted in compliance with the General Plan.

c.

As a condition of approval of the subdivision, the subdivider shall be required to make dedications and construct reasonable improvements as required by the specific alignment plan.

d.

These requirements may be waived by the Director upon recommendation of the City Engineer, if the proposed street is located upon a section line or its precise alignment can be otherwise determined.

2.

Circulation standards.

a.

Streets and street layout. The layout, design, and construction of proposed streets shall comply with the General Plan, this Development Code, and/or other requirements that may be deemed appropriate by the City Engineer and/or Director.

b.

Subdivision access.

(1)

Depending on the size of the subdivision and the length of the streets, the subdivision and each of its phases shall have a minimum of two points of vehicular ingress and egress from existing and surrounding streets.

(2)

Where providing this access is physically impossible or a cul-de-sac is proposed, this requirement may be waived or modified by the City Engineer, after receiving a recommendation from the County Fire Department.

D.

Additional standards.

1.

Applicable standards. The following additional standards shall apply:

a.

Freeways, limited access, and unlimited access State highways shall conform to the standards of the California Department of Transportation and where the same are involved in any subdivision, they shall receive special attention. The standards of the California Department of Transportation shall be deemed to be the minimum standards acceptable.

b.

Minor street intersections located within subdivisions, as defined in Subparagraph 2. (Street and Highway Standards), above, shall generally be designed as "T" intersections.

c.

Special local streets where freeways, grade separations, parkways, railroads, or other dominant factors are involved shall receive special consideration.

d.

Suitable tangents, when possible, shall be used between all curves.

e.

In areas where no official plans exist, the layout of all improvements, including curbs, gutters, parkways, planting strips, sewer lines, sidewalks, streets, street lights, trees, and private water mains located within the public rights-of-way, shall be in compliance with adopted City standards, and where no standards have been adopted, the arrangements shall be subject to review and approval by the City Engineer.

2.

Interconnected streets. Streets proposed within a new subdivision shall be interconnected and shall connect with adjacent streets external to the subdivision, to provide multiple routes for pedestrian and vehicle trips from, to, and within the subdivision, as determined by the review authority to be appropriate.

3.

Street extensions and stub streets.

a.

Street extensions. Where the subdivision adjoins unsubdivided land, streets in the subdivision shall be extended to the adjacent unsubdivided land, as prescribed by the review authority, to provide access to the unsubdivided land in the event of its future subdivision.

b.

Stub street improvements.

(1)

In the case of stub end streets extending to the boundary of the property, a barricade, the design to be approved by the City Engineer, shall be constructed at the end of the stub end street, pending the extension of the street into adjacent property.

(2)

Where required by the review authority, a temporary connection to another street, or a temporary turnaround, shall be provided by the subdivider.

4.

Intersection design. All streets shall normally intersect as nearly as possible at right angles, except when it can be shown that any other street pattern will improve the design of the subdivision without hindering traffic safety.

5.

Pedestrian walkways away from street frontages.

a.

As part of subdivision approval, the City may require dedicated and improved pedestrian walkways in locations away from street frontages where necessary to provide safe and convenient pedestrian access to a public facility or to otherwise provide convenient connections between existing pedestrian routes.

b.

Where walkways are required, the City Engineer shall specify the standards for their design and construction.

Street dedications.

a.

A street that is not constructed to City standards will not be accepted by the City for dedication as a public street.

b.

Even a street that complies with all applicable City standards may not be accepted for dedication.

c.

Acceptance of street dedication is at the discretion of the City Engineer.

E.

Block lengths. Blocks less than 330 feet in length, or more than 990 feet in length, may be cause for denial.

F.

Parcel design. The arrangement, shape, and size of proposed parcels shall comply with this Section, and with any General Plan policy, specific plan requirement, or other Municipal Code provisions that apply to proposed subdivisions.

1.

General parcel design standards.

a.

Each proposed parcel shall be determined by the review authority to be "buildable" because it contains at least one building site that can accommodate a structure in compliance with all applicable provisions of this Development Code.

b.

No parcel shall be created that divides a City, County, school district, or other taxing district boundary line.

c.

No subdivision shall be approved which leaves unsubdivided islands, strips or parcels, or property unsuitable for subdividing, which is not either accepted by the City or other appropriate entity for public use, or maintained as common area, within the development.

2.

Parcel area.

a.

Compliance with Article 2. The minimum area for new parcels shall be as required by Article 2 (Zones, Allowable Uses, and Development Standards) for the applicable zone, except as otherwise provided by this Section.

b.

Minimum parcel area requirements for common interest projects. The minimum parcel area requirements of Article 2 (Zones, Allowable Uses, and Development Standards) shall not apply to condominiums, condominium conversions, and townhouses, but shall apply to the creation of the original parcel(s) that are the location of the condominium or townhouse.

3.

Dimensions. The dimensions of new parcels shall comply with the applicable provisions of Article 2 (Zones, Allowable Uses, and Development Standards), or as otherwise required by the review authority.

4.

Lot Line orientation. Side lot lines shall be at right angles to the street on straight streets and shall be approximately radial on curved streets.

5.

Parcel configuration. The layout of proposed parcels and streets shall be designed to use land efficiently and minimize site disturbance in terms of cuts and fills and the removal of vegetation. See also the parcel design provisions regarding energy conservation in Subsection H. (Energy Conservation), below.

a.

Street frontage required. Each proposed parcel shall have frontage on a public street. The frontage width shall be at least the minimum parcel width required by the applicable zone, except where a flag lot is approved in compliance with Subparagraph F. 5. c. (Flag lots), below.

b.

Double-frontage parcels prohibited.

(1)

Parcels with streets along both the front and rear parcel lines shall be discouraged. (An alley is not considered a street for the purposes of this Subparagraph.)

(2)

For through parcels as described in Subparagraph (1), above, the Director shall determine which frontage(s) shall be considered as the "parcel front" or "parcel frontages" for the purposes of compliance with the minimum setback requirements specified in Article 2 (Zones, Allowable Uses, and Development Standards).

c.

Flag lots.

(1)

Flag lots may be approved only where the review authority first determines that unusual depth or other characteristic of a parcel to be subdivided prevents one or more proposed parcels from having a frontage width equal to the minimum parcel width required by the applicable zone.

(2)

Where allowed, the "flag pole" portion of a flag lot shall have a minimum width of 20 feet; provided, the review authority may require additional width depending upon the length of the flag pole and traffic safety sight distance considerations.

G.

Energy conservation. Each proposed subdivision shall be designed to provide maximum opportunities for energy conservation, including opportunities for passive or natural heating or cooling opportunities, in compliance with Government Code Section 66473.1 and Chapter 19.52 (Sustainability Development Practices) and as follows.

1.

Street layout. The streets proposed in a subdivision shall be planned in a primarily east-west orientation where feasible.

2.

Parcel and building site design. Proposed parcels shall be designed, where feasible, to provide building sites that allow the orientation of structures in an east-west alignment for southern exposure, and to take advantage of existing shade or prevailing breezes.

H.

Environmental health. Lands to be subdivided for residential, park, playground, or land recreation purposes may be subject to environmental quality standards as established by ordinances and regulations of the different departments and agencies within the City.

I.

Fire protection.

1.

Subdivision design shall provide for safe and ready access for fire and other emergency equipment and for routes of escape to safely handle evacuations.

2.

The subdivision shall be served by water supplies for community fire protection in compliance with the standards established by the County Fire Department.

3.

In hazardous fire areas, all flammable or combustible vegetation shall be removed from around all structures, in compliance with County Fire Department requirements. Where erosion is probable, the slopes shall be planted with fire resistive ground cover.

J.

Exceptions.

1.

Conditional exceptions to the regulations specified in this Section may be authorized by the review authority if exceptional or special circumstances apply to the subject property.

2.

The special circumstances may include extreme topography, limited size, dominating drainage problems, unusual shape, or the impracticability of employing a comprehensive plan or layout by reason of prior existing recorded subdivision of contiguous properties.

A.

General improvement installation. All culverts, curbs, drainage structures, fire hydrants, gutters, pavements, sanitary sewer lines, sidewalks, street lights, street name signs, and water mains shall be installed by and at the cost of the subdivider when not prohibited by the Act, and shall conform to grades and specifications established and approved by the City.

B.

Bicycle/walking paths and hiking/equestrian trails. The subdivider shall construct bicycle paths, multiple use trails, and/or access to multiple use trails within an approved subdivision in compliance with the Circulation, and open Space, and Conservation Elements of the General Plan and any applicable specific plan.

C.

Bridges and major thoroughfares. The City may assess and collect fees as a condition of issuing a Building Permit for the purpose of defraying the actual or estimated costs of constructing bridges or major thoroughfares in compliance with Government Code Section 66484, after the City has established a master plan for bridge crossings and major thoroughfares.

D.

Fire hydrants. The subdivider shall install fire hydrants, with their associated underground water pipes, of sizes and locations as required and approved by the County Fire Department.

E.

Monuments. The subdivider shall install monuments in compliance with the requirements of the City Engineer, Government Code Chapter 4, Article 9, and Section 19.78.100 (Monuments), below.

F.

Private facilities—Maintenance. A subdivision with common area or private streets shall have conditions, covenants, and restrictions (CC&Rs) approved by the City to provide for the proper maintenance of the common areas and/or private streets, and establish standards for maintenance.

G.

Public utilities. Each approved parcel shall be provided connections to public utilities, including electricity, gas, sewer, telecommunications, and water services, which shall be installed as part of the subdivision improvements as provided by this Section.

1.

Underground utilities required.

a.

Utility lines, including communications, electric, telephone, and street lighting, located within or directly serving each subdivision, shall be placed underground.

b.

The subdivider is responsible for complying with the requirements of this Subsection without expense to the City, and shall make necessary arrangements with the appropriate utility company for the installation of the facilities. Appurtenances and associated equipment (e.g., boxes and meter cabinets) and concealed ducts in an underground system may be placed above ground.

c.

This Subsection shall also apply to existing utility or common carrier routes in use at the time the subdivision is completed which do not provide service to the area being subdivided, except for high voltage transmission lines or other utilities with good cause as excepted on a case-by-case basis by the City Engineer.

2.

Cable television systems. If a local cable television system (or comparable technology system provider) is available to serve the project, any subdivision for which a tentative map is required, or a parcel map for which a tentative map was not required, shall be designed to provide the appropriate cable television system an opportunity to construct, install, and maintain on land reserved for cable television service or by

separate instrument, any equipment necessary to extend cable television services to each residential parcel in the subdivision.

a.

"Appropriate cable television system," as used in this Subparagraph, means those franchised or licensed to serve the geographical area in which the subdivision is located.

b.

This Subparagraph shall not apply to the conversion of existing dwelling units to condominiums, community apartments, or stock cooperatives.

3.

Reimbursement for relocation or replacement.

a.

Whenever the City imposes as a condition of its approval of a tentative parcel or tract map a requirement that necessitates replacing, undergrounding, or permanently or temporarily relocating existing facilities of a telephone corporation or cable television system, common carrier, or other public utility, the developer or subdivider shall reimburse the appropriate facility provider for all costs for the replacement, undergrounding, or relocation.

b.

All costs shall be paid as required by the responsible cable television system, common carrier, or other public utility.

c.

Under no circumstances shall the telephone corporation or cable television system be reimbursed for costs incurred in excess of the cost to replace the facilities with substantially similar facilities.

H.

Sewage disposal.

1.

Each parcel within an approved subdivision shall be provided a connection to the City's (and/or Sanitation District's sewage collection, treatment, and disposal system, in compliance with the City's adopted improvement standards and specifications.

2.

The subdivider shall also pay the City's and/or Sanitation District's required connection fee.

3.

When sanitary sewer mains are existing the subdivider shall pay for these improvements in cash, in compliance with the provisions of Municipal Code for the developed parcels.

4.

All sanitary sewer mains, appurtenances, and service connections shall be constructed or laid to the line and grade established by the City Engineer and shall be of a design and size as designated.

5.

Sewers shall not be installed in utility easements, except in special cases and circumstances, subject to the approval of the City Engineer.

I.

Street lighting.

1.

All proposed subdivisions shall provide street lighting facilities designed and constructed in compliance with the City's adopted improvement standards and specifications.

2.

The subdivider shall pay the energy fee for lighting of public streets.

3.

The subdivider shall pay for street light maintenance on decorative fixture lighting as required by the City.

J.

Street signs and street names.

1.

Street names.

a.

All public and private streets located within a proposed subdivision shall have names in compliance with the procedures established by the City Engineer.

b.

The duplication of an existing street name within the same area shall not be allowed in a new subdivision unless the street is an obvious extension of and contiguous to an existing street.

2.

Street name signs.

a.

The subdivider shall be responsible for the cost of materials, manufacturing, and installation of street name signs.

b.

One set of signs shall be installed at each intersecting street identifying each street name at a location(s) determined by the City Engineer.

c.

All street name signs shall be designed, ordered, and installed by the City Engineering Department.

K.

Storm drainage. Storm water runoff from the subdivision shall be collected and conveyed by an approved storm drain system.

1.

A subdivision that lies in the path of existing watercourses or overflows from existing watercourses, or natural drainage from upstream properties, shall not be approved unless adequate dedicated right(s)-ofway and improvements are provided as deemed satisfactory by the City Engineer.

2.

When the City Engineer determines that a subdivision may cause an unnatural increase or concentration of surface waters onto downstream property, the subdivision shall not be approved unless drainage outlets are provided that will be adequate to render the City and/or Los Angeles County Flood Control District harmless from any damages caused by the increase or concentration of water.

3.

The location, size, and type of watercourses or drainage works, and all drainage of streets and other drainage works between streets, shall comply with City standards or as required by the City Engineer.

4.

When the City Engineer determines that drainage right(s)-of-way are necessary, the subdivider shall offer to dedicate upon the tentative, parcel, or final map of the subdivision the necessary right(s)-of-way for the drainage facilities.

5.

Where dedication is offered or granted for Los Angeles County Flood Control District right(s)-of-way, the right(s)-of-way shall be shown as parcels lettered alphabetically on the tentative, parcel, or final map. The offer of dedication or grant shall be made by an appropriate statement on the title sheet of the final map.

L.

Water supply. Water shall be provided from a common source(s), and water mains shall be constructed to serve each parcel within the subdivided area and shall be of a size and design as designated by the City Engineer or current water provider.

M.

Special facilities. Special facilities as required by the General Plan, any applicable specific plan, or as a special condition of the subject zone shall be provided.

19.78.050 - Site preparation and grading for subdivision construction.

A.

Grading. Before the issuance of a Building Permit, a grading plan prepared and signed by a registered civil engineer shall be submitted to and approved by the City Engineer. Grading plans shall show the elevations of the natural ground at all parcel corners, the finished grade at corners, the finished pad elevation, finished floor elevations, rates and directions of all drainage swales, elevation height of all retaining or perimeter walls and finished sidewalk elevations at all front lot lines, and existing topographic elevations and drainage direction a minimum of 100 feet outside the boundary of proposed project area and/or map or as required by the City Engineer.

1.

Hillside development standards. Specific standards regulating hillside development are located in Chapter 19.46 (Hillside Development Standards).

2.

Minimum slopes. The minimum grade of all drainage swales on parcels shall be one-half of one percent unless approved differently by the City Engineer.

3.

Pad elevation. All building pad elevations shall be established in compliance with Municipal Code Title 16 (Buildings and Construction).

4.

Drainage plan.

a.

No inter-parcel or "cross drainage" shall be allowed.

b.

Each parcel shall drain its own water to a public street, approved public or private drainage facility, or natural drainage course without passing through or across an adjacent parcel, except where a legal right exists (e.g., a drainage easement), and is authorized by the City Engineer.

c.

No parcel shall drain water over the bank of a flood control channel.

5.

Grading practices.

a.

All grading within the City shall employ the best available management practices, as determined by the City Engineer, to minimize airborne dust, erosion, sedimentation, and unnecessary grading.

b.

Each building site on sloping parcels shall be individually prepared.

6.

Grading exceptions. Specific exceptions to the above grading requirements may be authorized at the discretion of the City Engineer.

7.

Bonding.

a.

The City may require, as a condition of approval, that a bond be secured before any grading.

b.

This bond would be used to install landscaping and appropriate erosion control measures as needed if the subdivider abandons the project after grading occurs.

c.

All bonding shall be in compliance with Sections 19.78.070 (Improvement Agreement Required) and 19.78.080 (Improvement Security).

8.

As-built grading plan. Upon completion of grading operations the subdivider or individual parcel owner shall furnish to the City Engineer two prints of an as-built grading plan prepared by the subdivider's or owner's engineer.

9.

Compliance with Uniform Building Code required. Every map approved in compliance with the provisions of this Article shall be conditioned on compliance with the requirements for grading and erosion control,

including the prevention of sedimentation or damages to off-site property, in compliance with Uniform Building Code Appendix Chapter 70, as adopted and amended from time to time by the City.

10.

Retaining walls.

a.

Retaining walls shall be required at grade differences of twenty-four inches or more, unless a recorded slope easement is obtained.

b.

Retaining walls shall be constructed in compliance with Chapter 19.36 (Fences, Walls, and Hedges) and any other adopted City standards.

c.

Retaining walls three feet or more in height shall be constructed of masonry or concrete, and shall be engineered to City standards.

B.

Erosion and sediment control. A proposed subdivision shall be designed so that all grading incorporates appropriate erosion and sediment control measures.

After the approval of a tentative map and before the construction of any improvements or recording of the final map, the subdivider shall submit plans to the City in the following manner.

A.

Preparation and content. Improvement plans shall be prepared by a California registered professional engineer and shall include all of the following information:

1.

All calculations, design reports, drawings, specifications, and other information required by the City Engineer;

2.

Grading, drainage, erosion and sediment control, and a storm water pollution prevention plan (SWPPP) for the entire subdivision; and

3.

The improvement plan/specification checking and construction inspection fees required by the Planning Fee Schedule.

B.

Submittal of plans. Improvement plans shall be submitted to the City Engineer and other appropriate reviewing agencies for review and approval. Upon the approval of improvement plans in compliance with Subsection C. (Review and Approval), below, the subdivider shall also submit to the City Engineer a detailed cost estimate of all improvements, based on guidelines provided by the City.

1.

Street and drainage plans and profiles. Plans, profiles, and specifications of proposed street and drainage improvements shall be submitted to the City Engineer, checked and approved before presentation of the final map to the Council for acceptance. These plans and profiles shall show full details of the proposed improvements in compliance with City standards.

2.

Water systems plans. Plans, specifications, and all necessary details of the proposed water system shall be submitted to the City Engineer for review; provided, the water purveyor has certified that it has reviewed and approved all of the plans, specifications, and all necessary details of the proposed water system and is willing and able to supply water upon request.

a.

Connections. The subdivider shall install an approved water connection to the property line of each parcel within the subdivided area and pay the applicable water connection fees as established by City resolution or ordinance.

b.

Mains. Water mains and house services shall be constructed to serve each parcel within the subdivided area and shall be of a size and design as designated by the City Engineer or the private water company.

3.

Sanitary sewer plans. Plans, profiles, specifications, and all necessary details of the sanitary sewers to be installed shall be submitted to the City Engineer for review; provided, that before submitting the plans, they shall have been approved by the entity that will serve the subdivision, or if a private sewage disposal company is to provide service, the plans shall have been approved by the City Engineer.

C.

Review and approval. Improvement plans shall be reviewed and approved by the applicable agency within the time limits specified by Government Code Section 66456.2.

D.

Effect of approval.

The final approval of improvement plans shall be required before approval of a parcel or final map.

2.

The approval of improvement plans shall not bind the City to accept the improvements nor waive any defects in the improvements as installed.

If all required improvements, engineering, and inspections are not satisfactorily completed before a parcel or final map is approved, the subdivider shall, before the approval of the parcel or final map, enter into an improvement agreement with the City whereby in consideration of the acceptance by the Council of the streets, easements, and any other land offered for dedication, the subdivider and the subdivider's contractor agrees to furnish the equipment, labor, and material necessary to complete the work within the time specified in the agreement in compliance with Government Code Section 66499.3.

A.

Security required. To ensure that the work covered by the improvement agreement specified in Section 19.78.070 (Improvement Agreement Required), above, will be completed, improvement security shall be furnished, in an amount, form and manner consistent with the Act and/or as approved by the Council based on a recommendation(s) of the City Engineer, to guarantee the performance of any act or agreement.

B.

Forfeiture on failure to complete. Upon the failure of a subdivider to complete any improvements and work within two years from the date the agreement is executed, the Council may, upon notice in writing served by registered mail addressed to the last known address of the person, firm, or corporation signing the contract, determine that the improvement work or any part of the work is uncompleted and may cause to be forfeited to the City, the sum of money or bond(s) given for the faithful performance of the work as may be necessary to complete the work.

C.

Exoneration of improvement security.

1.

With the exception of flood control or drainage works inspected by the Los Angeles County Department of Public Works or water facilities under the control of entities other than the City, it shall be the duty of the City Engineer to inspect or receive certificates of completion of all improvements installed as to their compliance with this Chapter and City standards.

2.

The security furnished by the subdivider may be released in the following manner.

a.

Security given for faithful performance of any act or agreement shall be released upon the performance of the act subject to a 10 percent withholding until final completion and acceptance of the required work.

b.

Security guaranteeing the payment to the contractor, subcontractors, and to persons furnishing labor, materials, or equipment shall, after passage of the time within which claims of lien are required to be recorded in compliance with Civil Code Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division 3 and other acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom claims of lien have been recorded and notice of the claims given in writing to the Council, and if no claims have been recorded, the security shall be released in full.

c.

The release shall not apply to any required guarantee and warranty period, nor to the amount of the security deemed necessary by the City for the guarantee and warranty period, nor to cost and reasonable expenses and fees, including reasonable attorney's fees.

d.

Maintenance security necessary for guarantee and warranty of the work for a period of 12 months following completion and acceptance of the work against any defective work or labor completed, or defective materials furnished, as specified in Subparagraph A.4., above, shall be released if no claims of defective work have been filed with the Council.

e.

In the event of defective work, the security shall be held until all work is considered satisfactory and acceptable by the City.

Subdivision improvements required as conditions of approval of a tentative map approved in compliance with this Article (see Chapter 19.72) shall be installed as specified in this Section.

A.

Timing of improvements. Required improvements shall be constructed or otherwise installed only after the approval of improvement plans in compliance with Section 19.78.040, above, and before the approval of a parcel or final map in compliance with Chapter 19.74, except where:

1.

Improvements are deferred in compliance with Section 19.78.070 (Improvement Agreement Required); or

2.

To avoid breaking up street paving, underground utility or service lines required to be installed as part of a subdivision and which are planned to run across or underneath a street or alley right-of-way shall be installed before the preparation of subgrade and before the surfacing of any streets or alleys.

3.

In the event that the development of the subdivision requires the utility company to perform utility construction work, the subdivider shall pay a deposit satisfactory to the utility company within sufficient time to allow construction work to be performed before subgrade preparation.

4.

In no event shall subgrade preparation commence before installation of all necessary utilities and laterals.

B.

Inspection of improvements. The inspection of the construction and installation of required subdivision improvements shall occur in the following manner.

1.

Supervision.

a.

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.

b.

The designated representative shall be present at the work site at all times while work is in progress.

c.

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.

(1)

The agency that has required a specific action shall make any inspections as it deems necessary to ensure that all construction complies with the approved improvement plans.

(2)

Where required by the agency, the subdivider shall enter into an agreement with the City to pay the full cost of any contract inspection services determined to be necessary by that agency.

b.

Access to site and materials. The agency that has required a specific action 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 compliance with the approved improvement plans.

c.

Authority for approval.

(1)

The work done and all materials furnished shall be subject to the inspection and approval of the agency that has required a specific action.

(2)

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.

(1)

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 agency that has required a specific action.

(2)

In the event that the agency determines that subdivision improvements are not being constructed as required by the approved plans and specifications, it shall order the work stopped and shall inform the contractor of the reasons for stopping work and the corrective measures necessary to resume the work.

(3)

Any work done after issuance of a stop work order shall be a violation of this Chapter.

3.

Notification.

a.

The subdivider shall notify the City Engineer as part of condition compliance upon the completion of each stage of construction before recordation as specified in this Chapter.

b.

Further construction may only be completed if all required actions included in the conditions of approval have been accomplished and signed off by the agency that has required the action(s).

The location, number, and type of monuments shall be as specified in the Government Code Chapter 4, Article 9 in compliance with the standards prescribed in the California Business & Professions Code Section 8771.

A.

Purpose. This Section provides standards for the preparation and review of soils reports, in compliance with Government Code Chapter 4, Article 7.

B.

Preliminary soils report. A preliminary soils report based upon adequate test borings and prepared by a registered civil engineer shall be required for every subdivision for which a final map is required or when required as a condition of development when soils conditions warrant the investigation and report. The preliminary soils report shall be submitted with the tentative map application.

1.

Form of preliminary soils report. A preliminary soils report may be divided into two parts (i.e., soils reconnaissance and soils investigation and report) in the following manner:

a.

Soils reconnaissance.

(1)

The soil reconnaissance shall include a complete description of the site based on a field investigation of soils matters.

(2)

The soils matters reviewed shall include erosion, settlement, stability, feasibility of construction of the proposed improvements, description of soils related hazards and problems, and proposed methods of eliminating or reducing these hazards and problems.

b.

Soils investigation and report. This investigation and report shall include field investigation and laboratory tests with detailed information and recommendations relative to all aspects of grading, filling, and other earthwork, foundation design, pavement design, and subsurface drainage.

(1)

The report shall also recommend any required corrective action for the purpose of preventing structural damage to subdivision improvements and the structures to be constructed on the parcels.

(2)

The report shall also recommend any special precautions required for erosion control, and the prevention of sedimentation or damage to off-site property.

(3)

If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects or environmental impacts, a subsequent soils investigation of each parcel in the subdivision may be required and shall be submitted to and approved by the Building Inspection Department and the City Engineer before approval of a parcel or final map.

2.

Preliminary soils report waiver. The preliminary soils report may be waived if the City Engineer determines that existing available information on the qualities of the soils of the subdivision makes no preliminary analysis necessary.

C.

Final soils report. A final soils report prepared by a registered civil engineer shall be required where a preliminary soils report was required, unless the final report is waived by the City Engineer.

1.

Filing of report. The final soils investigation and report shall be filed with the improvement plans.

2.

Content of report.

a.

The report shall contain sufficient information to ensure compliance with all recommendations of the preliminary soils report and the specifications for the project.

b.

The report shall also contain information relative to soils conditions encountered which differed from that described in the preliminary soils reports, along with any corrections, additions, or modifications not shown on the approved plans.

D.

Geologic investigation and report. If the City Engineer determines that conditions warrant, a geologic investigation and report may also be required.

Chapter 19.80 - DEDICATIONS, RESERVATIONS, AND EXACTIONS

Sections: