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Chapter 154 — SUBDIVISION REGULATIONS

§ 154.146 IMPROVEMENT SECURITY.

Eureka Zoning Code · 2026-06 edition · updated 2026-07-25 · Eureka

(A) Conformance required; prerequisite to approval of maps.

(1) Any agreement, or act required or authorized by the Subdivision Map Act, for which security is required, shall be secured in accordance with Section 66499 of the State Subdivision Map Act and as provided herein.

(2) No final map or parcel map shall be signed by the City Engineer or recorded until all improvement securities required by this section have been received and approved.

(B) Form of security.

(1) The form of security shall be one or the combination of the following at the option and subject to the approval of the City Engineer.

  • (a) Bond or bonds by one or more duly authorized corporate sureties.

(b) A deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the city, or money or negotiable bonds of the kind approved for securing deposits of public monies.

(c) An instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.

(d) A lien upon the property to be divided, created by contract between the owner and the city, if the local agency expressly finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map.

(e) A lien in the form of deed of trust upon the real property if approved by the City Engineer.

(2) The provisions of the bond or bonds shall be in accordance with Sections 66499.1 and 66499.2 of the State Subdivision Map Act.

(C) Real property liens.

(1) The City Engineer shall have the discretion to accept or reject liens upon real property offered as good and sufficient subdivision security.

(2) In considering offered liens, the City Engineer may consider any factor he finds relevant and may require the subdivider to submit such information as he deems necessary.

  • (3) An application to the City Engineer shall contain the following:

  • (a) Two current appraisals prepared by an independent appraiser commonly accepted by financial institutions.

  • (b) A current preliminary title report.

  • (c) A current credit report.

(d) A contract for the installation of the subdivision improvements unless the subdivider is licensed to perform such work.

  • (e) A loan commitment or other source of funding the construction.

  • (f) Two copies of the tentative map and letter of approval.

  • (g) An application fee in the amount set by resolution.

(4) Subdivision real property liens shall be senior to all other liens and in the case of subdivision of four or fewer parcels shall not exceed 50% and in the case of subdivision of five or more lots shall not exceed 30% of the appraised unsubdivided value of the property.

(5) Upon approval, an escrow shall be opened providing for the preparation of the deed of trust, issuance of a standard form title policy in favor of the city in the amount of the lien, closure of escrow within 45 days and payment of all escrow cost fees and expenses by the subdivider.

(D) Amount of security.

(1) A performance bond or security in the amount of 100% of the estimated construction cost to guarantee the construction or installation of all improvements shall be required of all subdivisions. An additional amount of 50% of the estimated construction cost shall be required to guarantee the payment to the subdivider's contractor, subcontractors, and to persons furnishing labor, materials or equipment for the construction or installation of improvements.

  • (2) The estimate of improvement costs shall be as approved by the City Engineer and shall provide for:

  • (a) No less than 5% nor more than 10% of the total construction cost for contingencies.

  • (b) Increase for projected inflation computed to the estimated midpoint of construction.

  • (c) All utility installation costs or a certification acceptable to the City Engineer from the utility company that adequate security has been deposited to insure installation.

(d) In addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorney's fees, incurred in enforcing the obligation secured.

(E) Warranty security. Upon acceptance of the subdivision improvements by the City Council, the subdivider shall provide security in the amount as required by the City Engineer to guarantee the improvements throughout the warranty period. The amount of the warranty security shall be not less than 10% of the cost of the construction of the improvements for the one-year warranty period.

(F) Reduction in performance security. The City Engineer may authorize in writing the release of a portion of the security in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work progresses upon application by the subdivider. The amount of reduction of the security shall be as determined by the City Engineer; however, 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 improvements and any other obligation imposed by this chapter, the Subdivision Map Act, or the improvement agreement.

  • (G) Release of improvement securities.

(1) Performance security. The performance security shall be released only upon acceptance of the improvements by the city and when an approved warranty security has been filed with the City Engineer.

(2) Material and labor security. Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment may, six months after the completion and acceptance of the improvements by the City Council, be reduced to an amount equal to the amount of all claims therefore filed and of which notice has been given to the City Council. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

(3) Warranty security. The warranty security shall be released upon satisfactory completion of the warranty period provided:

  • (a) All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected.

  • (b) Not less than 12 months have elapsed since the acceptance of the improvements by the City Council.

('63 Code, § 10-4.808) (Ord. 416-C.S., passed 12-6-84; Am. Ord. 440-C.S., passed 1-16-86; Am. Ord. 444-C.S., passed 4-17-86; Am. Ord. 710-C.S., passed 3-20-07)

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▸ Contents — Eureka Zoning Code
Eureka Zoning Code
  1. Article I — NAME AND SEAL; FORM OF GOVERNMENT; BOUNDARIES; MUN…
  2. Article II — ELECTIONS
  3. Article III — CITY COUNCIL
  4. Article IV — MAYOR
  5. Article V — ORDINANCES
  6. Article VI — ADMINISTRATION
  7. Article VII — FISCAL ADMINISTRATION
  8. Article VIII — OFFICERS AND EMPLOYEES
  9. Article IX — FRANCHISES
  10. Article X — INITIATIVE, REFERENDUM AND RECALL
  11. Article XI — MISCELLANEOUS PROVISIONS
  12. Chapter 10 — GENERAL PROVISIONS
  13. Chapter 30 — CITY COUNCIL
  14. Chapter 31 — CITY OFFICIALS
  15. Chapter 32 — CITY DEPARTMENTS
  16. Chapter 33 — BOARDS, COMMISSIONS, AND COMMITTEES
  17. Chapter 34 — PERSONNEL POLICIES
  18. Chapter 35 — FINANCE, REVENUE AND TAXATION
  19. Chapter 36 — HEALTH FACILITY REVENUE BONDS
  20. Chapter 37 — ELECTIONS
  21. Chapter 38 — CIVIL EMERGENCIES
  22. Chapter 39 — CITY POLICY
  23. Chapter 40 — TRANSFERS OF CITY-OWNED REAL PROPERTY
  24. Chapter 50 — SEWERS
  25. Chapter 51 — SOLID WASTE
  26. Chapter 52 — UNDERGROUND UTILITY DISTRICTS
  27. Chapter 53 — WATER
  28. Chapter 54 — STORM WATER QUALITY MANAGEMENT AND DISCHARGE CONT…
  29. Chapter 55 — ENERGY
  30. Chapter 56 — STREETS
  31. Chapter 70 — GENERAL PROVISIONS
  32. Chapter 71 — TRAFFIC RULES
  33. Chapter 72 — STOPPING, STANDING AND PARKING
  34. Chapter 73 — BICYCLES
  35. Chapter 75 — MOBILE VENDORS OPERATING UPON A STREET
  36. Chapter 90 — ABANDONED VEHICLES
  37. Chapter 91 — ANIMALS
  38. Chapter 92 — FIRE PREVENTION
  39. Chapter 93 — PARKS AND RECREATION
  40. Chapter 94 — HEALTH AND SANITATION
  41. Chapter 95 — MUNICIPAL AIRPORT
  42. Chapter 96 — PARADES AND ASSEMBLIES
  43. Chapter 97 — SMOKING
  44. Chapter 98 — STREETS AND SIDEWALKS
  45. Chapter 99 — TRAINS AND RAILROADS
  46. Chapter 100 — HARBOR REGULATIONS
  47. Chapter 101 — FILMING
  48. Chapter 102 — BEEKEEPING
  49. Chapter 103 — PRIVATE SECURITY AND FIRE ALARM SYSTEMS
  50. Chapter 104 — MILITARY EQUIPMENT USE
  51. Chapter 110 — BUSINESS LICENSES
  52. Chapter 112 — AMBULANCES
  53. Chapter 113 — AMUSEMENTS
  54. Chapter 114 — CABLE TELEVISION SYSTEMS
  55. Chapter 115 — FOOD ESTABLISHMENTS AND OUTDOOR DINING AREAS
  56. Chapter 117 — MASSAGE PARLORS
  57. Chapter 118 — SOLICITORS, CANVASSERS, AND SIDEWALK VENDORS
  58. Chapter 119 — SECOND-HAND DEALERS
  59. Chapter 120 — TAXICABS AND LIMOUSINES
  60. Chapter 121 — OTHER VEHICLES FOR HIRE
  61. Chapter 122 — FOREIGN-TRADE ZONE
  62. Chapter 130 — OFFENSES AGAINST PUBLIC PEACE AND SAFETY
  63. Chapter 131 — PROPERTY OFFENSES
  64. Chapter 132 — DRUG OFFENSES
  65. Chapter 133 — WEAPONS OFFENSES
  66. Chapter 134 — ABATEMENT OF CHRONIC NUISANCE PROPERTIES
  67. Chapter 150 — BUILDING REGULATIONS
  68. Chapter 151 — AIRPORT ZONING
  69. Chapter 152 — PLANNING AND ZONING ADMINISTRATION
  70. Chapter 153 — FLOOD HAZARD AREA REGULATIONS
  71. ▸ Chapter 154 — SUBDIVISION REGULATIONS
    Overview
    1. § 154.001 CITATION AND AUTHORITY.
    2. § 154.002 PURPOSE.
    3. § 154.003 CONFORMITY TO GENERAL PLAN, LOCAL COASTAL PROGRAM, S…
    4. § 154.004 APPLICATION.
    5. § 154.005 MODIFICATION OF REQUIREMENTS.
    6. § 154.006 DEFINITIONS.
    7. § 154.007 RESPONSIBILITIES OF OFFICIALS AND ADMINISTRATIVE BOD…
    8. § 154.020 NECESSITY FOR MAPS.
    9. § 154.021 MAPS REQUIRED FOR DIVISION OF LAND.
    10. § 154.022 FEES AND DEPOSITS.
    11. § 154.035 PRELIMINARY MAPS.
    12. § 154.036 TENTATIVE SUBDIVISION MAPS; GOVERNING PROVISIONS.
    13. § 154.037 FORM AND CONTENTS.
    14. § 154.038 ACCOMPANYING DATA AND REPORTS.
    15. § 154.039 SUBMITTAL TO DEPARTMENT OF COMMUNITY DEVELOPMENT; RE…
    16. § 154.040 PLANNING COMMISSION AND CITY COUNCIL ACTION.
    17. § 154.041 APPEALS OF PLANNING COMMISSION ACTION.
    18. § 154.042 EXPIRATION AND EXTENSIONS.
    19. § 154.043 AMENDMENTS TO APPROVED TENTATIVE MAP.
    20. § 154.044 CONSTRUCTION AGREEMENT.
    21. § 154.045 FINAL MAPS; CONFORMANCE TO PROVISIONS; PREPARATION.
    22. § 154.046 SURVEY REQUIRED.
    23. § 154.047 FORM AND CONTENTS.
    24. § 154.048 SUBMITTAL FOR CITY APPROVAL.
    25. § 154.060 PRELIMINARY AND TENTATIVE PARCEL MAPS.
    26. § 154.061 FORM AND CONTENTS.
    27. § 154.062 SUBMITTAL TO DEPARTMENT OF COMMUNITY DEVELOPMENT.
    28. § 154.063 REVIEW AND NOTICE.
    29. § 154.064 ACTION BY DIRECTOR OF COMMUNITY DEVELOPMENT.
    30. § 154.065 APPROVAL AND/OR DENIAL; CONDITIONS OF APPROVAL.
    31. § 154.066 REQUEST FOR REVIEW OF DIRECTOR OF COMMUNITY DEVELOPM…
    32. § 154.067 EXPIRATION AND EXTENSIONS.
    33. § 154.068 AMENDMENTS TO THE APPROVED TENTATIVE PARCEL MAP.
    34. § 154.069 PARCEL MAPS; CONFORMANCE REQUIRED.
    35. § 154.070 SURVEYS REQUIRED.
    36. § 154.071 FORM AND CONTENTS.
    37. § 154.072 SUBMITTAL AND APPROVAL PROCEDURES.
    38. § 154.073 WAIVER OF PARCEL MAP REQUIREMENTS.
    39. § 154.085 AUTHORITY AND PURPOSE.
    40. § 154.086 CONSISTENCY WITH GENERAL PLAN OR SPECIFIC PLANS; CIT…
    41. § 154.087 APPLICATION; WHEN VESTING TENTATIVE MAP SHALL BE FIL…
    42. § 154.088 FILING AND PROCESSING; PAYMENT OF DEVELOPMENT FEES.
    43. § 154.089 EXPIRATION.
    44. § 154.090 RIGHTS OF A VESTING TENTATIVE MAP.
    45. § 154.091 AMENDMENT TO APPROVED VESTING TENTATIVE MAP.
    46. § 154.092 DEVELOPMENT INCONSISTENT WITH ZONING; CONDITIONAL AP…
    47. § 154.093 APPLICATIONS INCONSISTENT WITH CURRENT POLICIES.
    48. § 154.105 DEDICATION OF STREETS, ALLEYS, AND OTHER PUBLIC RIGH…
    49. § 154.106 PARK LAND DEDICATION.
    50. § 154.107 SCHOOL SITE DEDICATION.
    51. § 154.108 RESERVATION OF LAND.
    52. § 154.109 WAIVER OF DIRECT STREET ACCESS.
    53. § 154.120 PURPOSE.
    54. § 154.121 REQUIREMENTS AND PROCEDURES.
    55. § 154.122 PHYSICAL ELEMENTS REPORT.
    56. § 154.123 CONFORMANCE TO EXISTING BUILDING REGULATIONS, ZONING…
    57. § 154.124 REFURBISHING AND RESTORATION.
    58. § 154.125 NOTICE TO TENANTS.
    59. § 154.126 TENANTS’ RIGHT TO PURCHASE.
    60. § 154.127 VACATION OF UNITS.
    61. § 154.140 CONSTRUCTION ACCORDING TO STANDARDS; PREREQUISITE TO…
    62. § 154.141 IMPROVEMENTS REQUIRED.
    63. § 154.142 DESIGN OF IMPROVEMENTS.
    64. § 154.143 ACCESS.
    65. § 154.144 IMPROVEMENT PLANS.
    66. § 154.145 IMPROVEMENT AND CONSTRUCTION AGREEMENTS.
    67. § 154.146 IMPROVEMENT SECURITY.
    68. § 154.147 CONSTRUCTION.
    69. § 154.148 COMPLETION OF IMPROVEMENTS.
    70. § 154.149 ACCEPTANCE OF IMPROVEMENTS.
    71. § 154.160 CONFORMANCE TO PROVISIONS REQUIRED; COASTAL DEVELOPM…
    72. § 154.161 INITIATION OF PROCEEDINGS.
    73. § 154.162 CONTENTS OF PETITION.
    74. § 154.163 SUBMITTAL OF PETITION TO THE DIRECTOR OF COMMUNITY D…
    75. § 154.164 PUBLIC HEARING; CITY COUNCIL APPROVAL.
    76. § 154.165 FILING WITH COUNTY RECORDER.
    77. § 154.175 AMENDMENT BY CERTIFICATE OF CORRECTION OR AMENDING M…
    78. § 154.176 FORM AND CONTENTS.
    79. § 154.177 SUBMITTAL AND APPROVAL BY THE CITY ENGINEER.
    80. § 154.178 FILING WITH THE COUNTY RECORDER.
    81. § 154.179 FEE.
    82. § 154.190 MERGERS NOT REQUIRED.
    83. § 154.191 MERGERS REQUIRED.
    84. § 154.192 NOTICE OF MERGER.
    85. § 154.193 REQUEST BY PROPERTY OWNER; APPROVAL OF MERGER.
    86. § 154.205 PROHIBITIONS.
    87. § 154.206 REMEDIES.
    88. § 154.207 CERTIFICATE OF COMPLIANCE.
    89. § 154.208 CERTIFICATE OF NONCOMPLIANCE.
  72. Chapter 155 — ZONING REGULATIONS
  73. Chapter 155 — ZONING REGULATIONS (old)
  74. Chapter 156 — COASTAL ZONING REGULATIONS
  75. Chapter 157 — HISTORIC PRESERVATION
  76. Chapter 158 — CANNABIS
  77. Chapter 159 — WIRELESS TELECOMMUNICATIONS FACILITIES

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