Elk Grove Municipal Code Ch. 22.24 Improvements

The purpose of this chapter is to establish a review and permit process for the construction of physical improvements to land in furtherance of the design and conditions of approval for tentative maps. The intent is to also establish a process for allowing a final map or parcel map to be recorded prior to the completion of required improvements upon execution of certain agreements and/or security.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

A. Applicability. The subdivider shall cause to be constructed or installed all improvements in streets, alleys, pedestrian ways, bike paths and trails, channels, easements, and other rights-of-way as are necessary for the general use of the subdivision, to meet the requirements of the General Plan and any applicable utility or other master plan, and to satisfy the conditions of approval of the tentative map.

B. Improvement Design. The construction of public improvements, including materials and methods, shall conform to the standard plans and specifications of the City and any applicable utility agency.

C. Review and Processing of Improvement Plans.

1. Before the construction of any improvements, the subdivider or developer shall submit plans to the City, and any applicable public agency, for review and approval. The form and content of the improvement plans shall be as specified in the City’s Improvement Standards, and of that of any applicable public agency.

2. Improvement plans shall be reviewed and approved, conditionally approved, or denied by the City within the time limits provided by Section 66456.2 of the Subdivision Map Act. The City will review the plans based on sound engineering practices, design standards, and applicable City policies and standards. No improvement plans shall be approved unless they are in compliance with the approved tentative map, conditions of approval, the City’s General Plan and any applicable specific plans, area plans, and applicable utility master plans. Comments, if any, shall be forwarded to the subdivider in a timely manner.

3. The City’s review and processing of improvement plans may be concurrent to that of any applicable public agency or utility; however, in no instance shall the City approve any improvement plans without the prior or concurrent approval of all applicable public agencies or utilities.

4. Effect of Approval. The final approval of improvement plans shall generally be required before approval of a final map or parcel map. The approval of improvement plans shall not bind the City or any applicable public agency to accept the improvements nor waive any defects in the improvements as installed.

5. Changes to Approved Plans. Any changes to approved plans shall be reviewed and acted upon consistent with subsection (G) of this section.

D. Timing of Improvements. Required improvements shall be constructed or otherwise installed after approval of the improvement plans and before the approval of the final map or parcel map, except when:

1. Improvements are secured in compliance with EGMC Section 22.24.040 (Subdivision improvement agreements) or 22.24.050 (Public improvement agreements); or

2. Improvements required as part of a parcel map are deferred as provided in EGMC Section 22.24.060 (Deferral of improvements); or

3. The City accepts an in-lieu payment for the improvements as provided in EGMC Section 22.24.070 (In-lieu payments).

E. Inspection of Improvements. The City shall make any inspections deemed necessary to ensure that all construction complies with the approved improvement plans as provided in the City’s Improvement Standards, Standard Drawings, and Standard Construction Specifications.

F. Correction of Deficiencies. The developer shall be responsible for correcting any deficiencies identified during the construction process.

G. Revisions to Approved Plans. Revisions to approved improvement plans may be proposed and shall be reviewed and approved or disapproved by the City as provided in the City’s Improvement Standards.

H. Acceptance of Improvements.

1. Verification. Before acceptance by the City of required improvements into the warranty period, the City shall verify that the required improvements have been completed in substantial compliance with the approved plans and specifications; all necessary dedication of easements or rights-of-way have been submitted, reviewed, and recorded; and record drawings have been reviewed and approved by the Community Development Department.

2. City Acceptance. After all required improvements have been verified and completed to the satisfaction of the City, the City shall accept the subdivision improvements.

3. Record Drawings. Record drawings shall be provided to the City as required in the City’s Improvement Standards.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

A. 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 a condition is imposed, provision for reimbursement to the subdivider in the manner provided by Section 66486 of the Subdivision Map Act will be contained in the subdivision improvement agreement or in a separate reimbursement agreement between the City and the subdivider, or between any applicable public agency and the subdivider.

B. Oversized improvements are subject to the limitations imposed on parcel maps of four (4) or less lots as set forth in Section 66411.1 of the Subdivision Map Act.

C. The subdivider shall be reimbursed for that portion of the cost of such improvements equal to the difference between the total cost to deliver the improvements required by the conditions of approval of a tentative map and the amount it would have cost the subdivider to install such improvements to serve the subdivision only pursuant to the provisions of the Subdivision Map Act. The procedure for reimbursement may be provided through a development impact fee program. Unless approved otherwise, the subdivider will be reimbursed the lesser of: 1) the actual costs to deliver the eligible facilities within the program; and 2) the total estimated costs of the eligible facilities, including any escalations, stated in the program’s nexus study.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

The provisions of this section shall apply to tentative subdivision maps and final maps.

A. Requirement to Enter Into Subdivision Improvement Agreement. Except when the required improvements have been completed prior to recordation of the final map, or the City and the developer agree to an in-lieu payment for the improvements (as provided in EGMC Section 22.24.070), prior to approval and recordation of the final map the subdivider shall enter into a subdivision improvement agreement with the City, in the form prepared by and approved by the City, to ensure timely completion of the improvements at the subdivider’s expense. The agreement may provide for a list of improvements that shall be substantially completed to the satisfaction of the City prior to the occupancy of any structures in the subdivision.

B. Form, Filing, and Term of Subdivision Improvement Agreement.

1. The subdivision 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 section. The agreement, or a title form of the agreement, shall be recorded simultaneously with or in advance of the final map.

2. The complete subdivision improvement agreement, with record of its recordation with the County Recorder, shall be held on file with the City Clerk.

3. The term of the subdivision improvement agreement shall end upon the date of completion or fulfillment of all terms and conditions contained therein to the satisfaction of the City.

4. The City Engineer may execute the agreement on behalf of the City upon approval by the City Council and shall be the agent of the City for the performance, completion, or release of the agreement.

C. Improvement Security. Where a subdivision improvement agreement is entered into prior to the recordation of a final map, the improvements shall be secured by the subdivider as part of the subdivision improvement agreement. Improvement security shall be provided and released consistent with the requirements below.

1. Form of Security. Security shall be provided in one (1) or more forms acceptable to the City and consistent with Section 66499 of the Subdivision Map Act.

2. Amount of Security. Security shall be provided in the following amounts:

a. Performance Security (Performance). An amount of one hundred percent (100%) of the total City Engineer-approved estimated cost of the construction or installation of the improvements or of the acts to be performed, securing the faithful performance and completion of the improvements or acts to be performed; and

b. Payment Security (Labor and Materials). An amount of fifty percent (50%) of the total City-approved estimated cost of the improvement or required act, securing payment to the contractor, to the subcontractors, and to persons furnishing labor, materials or equipment for the construction or installation of the improvements or the performance of the required acts; and

c. Warranty Security. An amount of ten (10%) percent of the total City-approved estimated cost of the improvement to be necessary for the guarantee and warranty of the work for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done, or defective materials or equipment furnished; and

d. Monument Security. An amount of one (1%) percent of the total City-approved estimated total public improvement costs.

e. Reduced Security. Performance security required in this subsection may be reduced if a portion of the required improvements have been deemed substantially complete prior to approval of the final map, as determined by the City Engineer. The amount of the reduced security required shall be at the sole discretion of the City Engineer.

3. Release of Improvement Security Generally. Improvement security shall be released (in full or in part) upon completion of the improvements in accordance with Sections 66499.7 and 66499.8 of the California Government Code and the following:

a. Performance Security. The performance security shall be released in full only upon com-pletion or fulfillment of all terms and conditions of the subdivision improvement agreement and upon issuance of an acceptance letter by the City. The performance security may be partially released if a portion of the required improvements have been deemed substantially complete, as determined by the City Engineer. The amount of the partially released security shall be at the sole discretion of the City Engineer.

b. Payment Security. Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment may, following full or partial completion and acceptance of the improvements by the City, be reduced to an amount equal to the amount of all claims filed and of which notice has been given to the City. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given.

c. Warranty Security. The warranty security shall be released upon satisfactory completion of the warranty period, provided that all warranty deficiencies have been corrected.

d. Pursuant to Sections 66499.7 and 66499.9 of the Subdivision Map Act, the release of improvement security as set forth above shall not apply to any costs, reasonable expenses, or fees, including reasonable attorneys’ fees.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

The provisions of this section shall apply to tentative parcel maps and parcel maps.

A. Requirement to Enter Into Public Improvement Agreement. Except when the required improvements have been completed prior to approval and recordation of the parcel map, or the City and the developer agree to defer the improvements (as provided in EGMC Section 22.24.060) or an in-lieu payment for the improvements (as provided in EGMC § 22.24.070); prior to approval and recordation of the parcel map, the developer shall enter into a public improvement agreement with the City, in the form prepared by and approved by the City, to ensure timely completion of the improvements at the developer’s expense. All public improvements required by the agreement shall be substantially completed to the satisfaction of the City prior to the issuance of a permit or other grant of approval for the development of the first lot within the parcel map, or such other time as determined by the City Engineer in order to provide for the public health and safety and to ensure orderly development of the surrounding area.

B. Form, Filing, and Term of Public Improvement Agreement.

1. The public 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 section. The agreement, or a title form of the agreement, shall be recorded simultaneously with or in advance of the parcel map.

2. The complete public improvement agreement, with record of its recordation with the County Recorder, shall be held on file with the City Clerk.

3. The term of the public improvement agreement shall end upon the date of completion or fulfillment of all terms and conditions contained therein to the satisfaction of the City.

4. The City Engineer may execute the agreement on behalf of the City and shall be the agent of the City for the performance, completion, or release of the agreement.

C. Improvement Security. Improvement security shall be provided consistent with the provisions of EGMC Section 22.24.040(C).

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

A. The City may allow for the deferral of improvements required by a tentative parcel map upon the execution of a deferred improvement agreement as provided in this section. Deferral of the improvements shall only be allowed when the City Engineer determines that the improvements are not required in the foreseeable future and would not otherwise create a zipper street or unsafe condition and would not be required to ensure orderly development of the surrounding area.

B. Form, Filing, and Term of Deferred Improvement Agreement.

1. The deferred improvement agreement shall be in writing and shall be approved as to form by the City Attorney. The agreement, or a title form of the agreement, shall be recorded simultaneously with or in advance of the parcel map.

2. The complete deferred improvement agreement, with record of its recordation with the County Recorder, shall be held on file with the City Clerk.

3. The term of the deferred improvement agreement shall end upon the date of completion or fulfillment of all terms and conditions contained therein to the satisfaction of the City.

4. The City Engineer may execute the agreement on behalf of the City and shall be the agent of the City for the performance, completion, or release of the agreement.

C. The improvements covered in the deferred improvement agreement shall be installed at such time as the City Engineer determines, at their sole discretion, that the character of the surrounding neighborhood and the development thereof require the installation of the improvements. All costs for design, construction, and dedications of the improvements shall be borne by the owner, shall be paid immediately, and shall be a lien upon the property until paid.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

A. A developer may request, and the City Engineer may approve, acceptance of an in-lieu fee for the improvements required of a tentative subdivision map or tentative parcel map in lieu of construction, pursuant to the provisions of this section and applicable State law. The City Engineer may execute the agreement on behalf of the City and shall be the agent of the City for the performance, completion, or release of the agreement.

B. The City shall not accept cash payments in lieu of improvements from any developer or owner of property until the developer or owner enters into a payment agreement with the City. The City Engineer may execute the agreement on behalf of the City. The agreement shall be in a form approved by the City Attorney and shall include the following:

1. A statement of the basis for the amount of the payment; and

2. The consent of the owner to the amount of the payment.

C. The in-lieu payment agreement shall be executed and the payment deposited with and accepted by the City prior to the recordation of the final map or parcel map.

D. The City may utilize the in-lieu funds at its sole discretion to complete the corresponding improvements or may, at its sole discretion, assign the funds to another developer to complete the improvements.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)