Division 1 — Generally›Chapter 32›Article 2 — TENTATIVE MAPS
32.205 Agreement to Construct Improvements
Escondido Zoning Code · 2026-05 edition · updated 2026-07-25 · Escondido
§ 32.205.01. Subdivision improvement agreements—Final Maps. ¶
A. As a condition precedent to the approval of a Final Map, and as permitted by Section 66462 of the Map Act, a subdivider may:
Enter into a subdivision improvement agreement with the City for the construction of improvements; or
Contract to a special assessment district if authorized by the City Council.
B. The City Engineer is authorized to enter into subdivision improvement agreements on the City's behalf. The City Engineer's action pursuant to this section may be appealed to the City Council for conformance with the Map Act and this chapter. The City Council shall periodically review the delegation of authority to the City Engineer.
C. The subdivider shall prepare and deposit with the City Engineer detailed plans and specifications of the improvements to be constructed and such plans and specifications shall be made a part of any such subdivision improvement agreement pursuant to this section and of the improvement security.
D. A subdivider who enters into a subdivision improvement agreement pursuant to this section shall be required to furnish security for performance of the improvement agreement to the satisfaction of the City Engineer, and in conformance with this chapter and Chapter 5 (beginning with Section 66499) of the Map Act.
E. All agreements and securities pursuant to this section shall be approved as to form by the City Attorney.
(Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)
§ 32.205.02. Improvement agreements—Parcel Maps. ¶
A. Prior to approval of a Parcel Map, if improvements are to be located in public easements or rights-of-way, the City Engineer may require that the subdivider enter into an improvement agreement with the City to defer the construction of the improvements until some time in the future.
B. Any improvement agreement executed pursuant to this section may be used to secure future improvements in easements, rights-of-way, or irrevocable offers of dedication; and may be used when the streets serving adjacent properties, or the area in general, or both, are below City standards to a degree that public action, such as assessment district proceedings, would be required in the future in order to improve such streets to City standards.
C. The City Engineer is authorized to enter into improvement agreements made pursuant to this section on the City's behalf. The City Engineer's action pursuant to this section may be appealed to the City Council for conformance with the Map Act and this chapter. The City Council shall periodically review the delegation of authority to the City Engineer.
D. The subdivider shall prepare and deposit with the City Engineer detailed plans and specifications of the improvements to be constructed and such plans and specifications shall be made a part of any such improvement agreement pursuant to this section and of the
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City of Escondido, CA § 32.205.02
SUBDIVISIONS
§ 32.205.03 improvement security. ¶
E. A subdivider who enters into an improvement agreement pursuant to this section shall be required to furnish security for performance of the improvement agreement to the satisfaction of the City Engineer, and in conformance with this chapter and Chapter 5 (beginning with Section 66499) of the Map Act.
F. All agreements and securities pursuant to this section shall be approved as to form by the City Attorney.
(Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)
§ 32.205.03. Improvement security. ¶
Any improvement agreement, contract or act for which security is required or authorized by the Map Act, this chapter, or any other local ordinances or regulations, shall be secured in accordance with the provisions of Chapter 5 (beginning with Section 66499) of the Map Act generally as listed below. The amount of security may be modified by the City Engineer as the City Engineer deems appropriate consistent with the Map Act.
A. Security Requirements. When public or private improvements are required to be constructed by the City, an agreement to improve and improvement security, in a form acceptable to the City Attorney, shall be posted by the applicant with the City for said improvements. This security shall be posted prior to filing of the Final Map or Parcel Map in the following amounts:
Faithful Performance Bond in an amount not less than 100% of the approved engineer's estimate of the cost of public improvements.
Labor and Materials Bond in an amount not less than 50% of the approved engineer's estimate of the cost of public improvements.
Guarantee and Warranty Bond in an amount not less than 10% of the approved engineer's estimate of the cost of public improvements.
Grading Bond in an amount not less than 100% of the approved engineer's estimate of the cost of grading, drainage, landscaping, water quality and private improvements. Ten percent of the Grading Bond shall be in the form of cash not exceeding $50,000.
Monumentation Bond in an amount not less than 100% of the approved engineer's estimate of the cost of setting monuments.
Additional improvement security may be required for the faithful performance for any changes or alterations in the work to the extent that those changes or alterations exceed 10% of the original estimated cost of the improvement.
B. Special Assessment Proceedings. In the event that the required subdivision improvements are financed and installed pursuant to special assessment proceedings, the subdivider may apply to City Council for a reduction in the amount of the improvement security.
C. Release of Security. The improvement security required by this chapter may be released by City Engineer upon approval and acceptance of the secured improvements. A partial release of security for partial performance may be authorized by the City Engineer.
(Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)
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City of Escondido, CA
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▸ Chapter 32
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