Chapter 16.36 — IMPROVEMENTS

The subdivider shall install improvements in accord with the general requirements set forth in this chapter; provided, however, the city engineer may require changes in typical sections and details if unusual conditions appertain to the subdivision or arise during the construction to warrant such change.

(Ord. 384 §9(A), 1978)

All improvements shall conform to the standard specifications adopted by the city of which three copies are on file for use and examination by the public in the office of the city clerk.

(Ord. 384 §9(B), 1978)

Improvement work shall not be commenced until plans and profiles for such work have been submitted to, and approved by, the city engineer. Such plans will be required before approval of the final map. All such plans and profiles shall be drawn on twenty-four-inch by thirty-six-inch tracing cloth or paper, in ink or pencil capable of producing a legible print and shall be filed with the city engineer. An estimate of the quantities of improvement work for purposes of determining security agreement requirements, shall accompany the plans.

(Ord. 384 §9(C), 1978)

Improvement work shall not be commenced until the city engineer or administrator/public works director has been notified in advance, and, if work has been discontinued for any reason, it shall not be begun until the city engineer or administrator/public works director has been notified.

(Ord. 384 §9(D), 1978)

All required improvements shall be constructed under the inspection of, and to the approval of, the city engineer and/or the administrator/public works director.

(Ord. 384 §9(E), 1978)

All underground utilities, sanitary sewers, and storm drains installed in streets, service roads, alleys, or highways shall be constructed prior to the surfacing of such street, service road, alley, or highway. Service connections for all underground utilities and sanitary sewers shall be placed to such lengths as will obviate the necessity for disturbing the street or alley improvements when connections thereto are made.

(Ord. 384 §9(F), 1978)

All streets and highways shall be graded and surfaced to cross sections and grades approved by the city engineer. The subdivider shall improve the extension of all subdivision streets, highways, or public ways to the intercepting paving line of any county road, city street, or state highway.

(Ord. 384 §9(G), 1978)

Structures shall be installed as required for drainage, access, and/or public safety. Such structures shall be placed to grades and shall be of a design approved by the city engineer.

(Ord. 384 §9(H), 1978)

Vertical curbs, gutters, and sidewalks shall be installed to grades and at locations approved by the city engineer prior to the issuance of an occupancy permit on building construction on any site within the subdivision. Sidewalks shall be required on all street frontages.

(Ord. 384 §9(I), 1978)

Sanitary sewer facilities connecting with the existing city sewer system shall be installed to serve each lot and to grades, locations, design, and size approved by the city engineer. No septic tanks or cesspools shall be permitted. Location of house sewer laterals shall be marked on curb or sidewalk with a letter "S."

(Ord. 384 §9(J), 1978)

Storm drains shall be installed as required by the city engineer.

(Ord. 384 §9(K), 1978)

Water mains and fire hydrants of design and layout and in locations approved by the city engineer and the administrator/public works director shall be installed by the subdivider. Location of water services shall be marked on curb or sidewalk with a letter "W." The water system shall be installed and in operation and all required fire hydrants connected thereto prior to the commencement of building construction on any site within the subdivision. Fire hydrants shall be installed in accord with the following:

A.

Hydrants shall be of a type approved by the administrator/public works director.

B.

One fire hydrant shall be installed for each one hundred eighty thousand square feet, including streets, of single-family residential development or major portion thereof. In areas of strip development, one hydrant shall be installed for each six hundred lineal feet of residential frontage. In isolated single-family residential areas, no development shall have less than two hydrants located not more than six hundred feet, one from the other.

C.

One fire hydrant shall be installed for each one hundred twenty thousand square feet, including streets, of multiple family or mobile home park residential development or major portion thereof. In areas of strip multiple family development, one hydrant shall be installed for each four hundred fifty lineal feet of residential areas. In isolated areas, no development shall have less than two hydrants located not more than four hundred fifty feet, one from the other.

D.

One fire hydrant shall be installed for each ninety thousand square feet, including streets, of commercial or industrial development or major portion thereof. In areas of strip development, one hydrant shall be installed for each three hundred lineal feet of commercial or industrial frontage. In isolated areas, no development shall have less than two hydrants located not more than three hundred feet, one from the other.

E.

Combined use areas shall have fire protection installed in accord with the criteria as approved by the city engineer and administrator/public works director.

F.

Areas of strip development shall be as defined by the planning commission.

G.

The exact location of fire hydrants within or adjacent to subdivisions and final decision as to the number of fire hydrants to be installed for adequate fire protection shall be determined by the city engineer.

H.

In areas where fire hydrant installation has taken place at the expense of the city, the developer shall pay a proportional share of hydrant installation.

(Ord. 384 §9(L), 1978)

Street signs of a type approved by the city shall be installed by the subdivider, in locations approved by the city engineer and administrator/public works director, or shall, at the subdivider's option, be installed by the city at the subdivider's expense. Two street name signs shall be installed at each four-way intersection within the subdivision and one street name sign shall be installed at each two-way or three-way intersection. Any required barricades to prevent traffic access at dead-end streets shall be provided by the subdivider.

(Ord. 384 §9(M), 1978)

Street lights shall be installed by the subdivider, at locations approved by the city engineer and administrator/public works director, at each four-way intersection, at each three-way intersection, at each two-way intersection, at the end of each cul-de-sac, and at such other locations as necessary to provide that no point along any street within the subdivision shall be more than two hundred fifty feet from a street light. Street lights shall be a minimum of seven thousand three hundred lumens and shall conform to city improvement standards. Residential and commercial street light poles shall be an ornamental type approved by the commission.

(Ord. 384 §9(N), 1978)

Provisions shall be made for any and all railroad crossings necessary to provide access to, or circulation with, the proposed subdivision, including the preparation of all documents necessary for application to the Public Utilities Commission of the state for the establishment and improvement shall be the responsibility of the subdivider.

(Ord. 384 §9(O), 1978)

Permanent monuments in accord with the standard specifications shall be set at all angle and curve points on the exterior boundaries of the subdivision, at all street intersections, at all angle points of street lines, and at all curve points, both simple and compound, of street lines. Monuments in street intersections and at angle and curve points of street lines shall be set on street centerlines unless otherwise directed by the city engineer; provided, however, such permanent monuments need not be set at angle and curve points

on the exterior boundaries of the subdivision when such points on the exterior boundaries of the subdivision have been previously monumented and accepted by the city.

(Ord. 384 §9(P), 1978)

The engineer or surveyor shall set at all corners a marker not less substantial and enduring than a one-half- inch iron pipe eighteen inches long with a noncorroding material registered engineer's or licensed land surveyor marker on the head thereof.

(Ord. 384 §9(Q), 1978)

Permanent elevation benchmarks of a type approved by the city engineer and referred to the city datum shall be set at locations approved by the city engineer.

(Ord. 384 §9(R), 1978)

Any monument or benchmark, as required by the provisions of this title, which is disturbed or destroyed before acceptance of all improvements shall be replaced by the subdivider.

(Ord. 384 §9(S), 1978)

Monuments and benchmarks shall be set before acceptance of the improvements by the council.

(Ord. 384 §9(T), 1978)

All improvements necessary to conform the proposed subdivision to the standards and policies of the city existing at the time of filing the tentative map shall be installed at the cost of the subdivider.

(Ord. 384 §9(U), 1978)

Prior to the approval of the council of the final map, the subdivider shall execute and file an agreement between himself and the city specifying a period (not to exceed twelve months), within which he, or his agent or contractor, shall complete all improvement work and providing that if he fails to complete such work within such period, the city may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall provide for the inspection of all improvements by the city engineer. Such agreement shall include such stipulations as may be required to assure completion of the subdivision in accord with the requirements of the city.

(Ord. 384 §8(V), 1978)

The subdivider shall file with the agreement required by the provisions of Section 16.36.220 of this chapter, to assure his full and faithful performance thereof, a bond or security for such sum as the city engineer deems sufficient to cover the cost of the improvements.

(Ord. 384 §9(W), 1978)

Such security shall be in the manner, form, and kind provided by the Subdivision Map Act. The security shall be in the amount of one hundred percent of the estimated cost of the improvements, conditioned upon the faithful performance of his agreement by the subdivider, and in the additional amount of fifty percent of such sum securing the payment by the subdivider to his contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials to them for improvements.

(Ord. 384 §9(X), 1978; Ord. 399 §1, 1979)

Pursuant to Section 66499.7 of the Government Code of the state, the city engineer shall have the power to release or reduce the improvement security deposited by the subdivider, pursuant to the following restrictions:

A.

Improvement security securing payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment may, six months after the completion and acceptance of the work, be reduced to an amount not less than the total of all claims on which an action has been filed and notice thereof given to the city council. If no notices of any actions have been filed with the city council within said six-month period, such improvement security may be released in full.

B.

Improvement security given for the faithful performance of the work required by the agreement may be reduced from time to time during the course of the work. The city engineer shall not at any time reduce such security below an amount which will adequately secure the performance of the remainder of the required work. For the period of one year after the completion and acceptance of the work, ten percent of the security for faithful performance shall be retained by the city engineer to cover the cost of correcting any defective work or labor done, or defective materials furnished, in constructing the improvements. At the end of the one-year period, the city engineer may release all of the improvement security except such amount as may then be required to insure the correction of any defects in the labor and materials furnished which have appeared within the one-year period.

(Ord. 384 §9.1, 1978; Ord. 399 §2, 1979)

In the event the subdivider fails to complete all improvement work in accordance with the provisions of this title and the city has completed the same, or if the subdivider fails to reimburse the city for the cost of incidental expenses or to cover the cost or replacement and the repair of existing streets or other improvements damaged in the development of the subdivision or requiring repair or replacement during the one-year guarantee period, the city shall demand performance of the agreement by the bonding company, or use the cash or other security deposit placed with the city by the subdivider to do such work and reimburse itself for the cost of work agreed to be performed by the subdivider. If the amount of the surety bond or cash deposit exceeds all costs and expenses incurred by the city, the city shall release the remainder of such bond or certification less the cost and expense incurred by the city. The subdivider shall be liable to the city for any costs additional to those secured, in an action to be brought therefore by the city.

(Ord. 384 §9(Y), 1978)

In addition to the required securities, the subdivider shall file with the agreement required by the provisions of Section 16.36.220 of this chapter a cash payment in an amount deemed sufficient by the city engineer to pay all city improvement costs, or city fees required by this title and/or other city ordinances and resulting from or required with the approval and/or construction of the subdivision.

(Ord. 384 §9(Z), 1978)

The city will require that the completion of all improvements be secured under the provisions of Sections 16.36.220 through 16.36.260 of this chapter and will not permit completion of such improvements by assessment act financing.

(Ord. 384 §9(AA), 1978)

All required improvements shall be constructed under the inspection of the administrator/finance director and city planner and/or the city engineer and city planner. The cost of inspection of work shall be paid by the subdivider in an amount, as determined by the city engineer, sufficient to pay for the inspection, and in no case less than two percent of the estimated cost of the improvements.

(Ord. 384 §9(BB), 1978; Ord. 487 §1(part), 1987)

No extension of time, progress payments from cash deposits, or releases of surety bond or cash deposit shall be made except upon the certification by the city engineer that work covered thereby has been satisfactorily completed, and upon approval of the city council.

(Ord. 384 §9(CC), 1978)

In the event the immediate construction of storm drains to serve the subdivision is not required by the city engineer, the subdivider shall execute and file an agreement between himself and the city providing that he shall contribute to the future construction of storm sewers which will be of benefit to the subdivision whether the construction is performed or required by the city or any other public district or body. The agreement shall specify the termination date of same and shall provide that the city may call for the contribution at any time during the period of the agreement; provided, however, that the city shall not have the right to call for the contribution unless plans have been made and a resolution passed to advertise for bids. The agreement shall also specify the amount of the contribution, which amount shall be determined by the city engineer. In event that the agreement described in this section is executed, the subdivider shall also file, to assure his full and faithful performance of the agreement, a bond sufficient to cover the amount of the contribution. The term of the bond shall cover the amount of the contribution. The term of the bond shall cover the full term of the agreement. Such bond shall be executed by a surety company authorized to transact a surety business in the state and must be approved by the city attorney as to form and by the city engineer as to sufficiency. In lieu of the bond, the subdivider may deposit cash or a certified check with the city clerk.

(Ord. 384 §9(DD), 1978)

A.

When it is not possible for the developer to provide for the ultimate disposal of storm drainage into a natural channel deemed adequate by the city engineer to carry the provided flow without artificial channel or bridge construction, and a connection is made to an existing storm drain line which has been previously installed by the city, county, or other governmental agency or by private parties regulated by such agency, a fee shall be paid in such amount as may be established by the city council.

B.

Permanent storm water retention facilities, as a method of storm water disposal, will not be permitted. If a storm drain system is not available to a subdivision, the subdivider shall pay all charges due as set forth in Chapter 13.32, and temporarily detain on site all stormwater runoff from the subdivision by means or methods approved by the city engineer in such a way as to not cause any damage to properties receiving stormwater overflow.

C.

The maximum distance permitted for surface drainage in developments within the city is one thousand three hundred feet. Storm drainage disposal fees shall be paid if surface drainage to other than an approved point of ultimate disposal is permitted.

(Ord. 384 §9(EE), 1978)

The subdivider of any proposed subdivision shall grade the entire area thereof so that all lots and alleys drain to street grades approved by the city.

(Ord. 384 §9(FF), 1978)

All irrigation ditches traversing, abutting, or adjoining property to be subdivided under this title, shall be permanently abandoned, permanently pipelined, fenced with chain link fencing of minimum six-feet height, or otherwise totally enclosed in a manner satisfactory to the city.

(Ord. 384 §9(GG), 1978)

The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity, or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map, and thereafter to dedicate such improvements to the public. Supplemental size, capacity or number shall mean that size, capacity, or number in excess of the minimum standard city requirements.

(Ord. 384 §9(HH), 1978)

The city shall enter into an agreement for reimbursement to the subdivider of the cost of the supplement capacity, size, or number. However, the subdivider shall be reimbursed only for that portion of the cost of such improvements equal to the difference between the amount it would cost the subdivider to install improvements to serve the subdivision only and the actual cost or oversized improvements.

(Ord. 384 §9(II), 1978)

A.

To pay the cost of such a reimbursement, the city council may at its discretion:

Immediately reimburse the subdivider for the entire cost of oversizing and thereafter levy a charge upon the real property benefited thereby; or

Collect a reasonable use charge for the account of the subdividers from persons not within the subdivision using the oversized improvements; or

Establish and maintain local benefit districts for the levy and collection of the charge attributable to the property benefited by the supplemental capacity.

B.

No such user charge, levy, or local benefit district shall be established unless and until a public hearing is held thereon by the city council, and the city council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.

C.

Written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment role and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the city clerk at least ten days prior to the date established for hearing.

(Ord. 384 §9(JJ), 1978)