Article 36 — FINAL MAPS — Fresno Zoning Code

Sec. 15-3601. - FINAL MAPS.

A Final Map shall be filed and approved to complete the subdivision process for a subdivision of five or more parcels.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-3602. - TIMING OF FILING OF A FINAL MAP. ¶

Upon the approval of the Tentative Map, the subdivider may file a Final Map which substantially conforms to the approved Tentative Map and which is in the form required by the Map Act.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-3603. - SUBMITTAL BY UNITS. ¶

A.

Multiple Final Maps relating to an approved or conditionally approved Tentative Map may be filed prior to the expiration of the Tentative Map if the subdivider, at the time the Tentative Map is filed, informs the City Engineer in writing of the subdivider's intention to file multiple Final Maps on the Tentative Map, or after the filing of the Tentative Map the subdivider and City Engineer concur in the filing of multiple Final Maps.

B.

The Commission or Council, acting on an appeal, shall approve the sequence of map approvals. The filing of a Final Map on a portion of an approved or conditionally approved Tentative Map shall not invalidate any part of the Tentative Map. Each Final Map that constitutes a part, or unit, or the approved or conditionally

approved Tentative Map shall have a separate subdivision number. The public improvement agreement executed by the subdivider shall provide for the construction of improvements as required to constitute a logical and orderly development of the whole subdivision.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-3604. - PREPARATION. ¶

A Final Map shall be prepared by or under the direction of a person authorized to do so under the Map Act. Final Map submittal shall include all information and other materials as required by City policies, adopted standards, and the Map Act.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-3605. - FORM AND CONTENT. ¶

A.

Final map submittals shall include information and other material prepared as required by the City Engineer, City policies, adopted standards, and the Map Act. This includes, but is not limited to, sheet sizes, scope of area depicted on the map, scale of the map, border size, affidavits, certificates, mathematical information and data necessary to locate monuments, interior and exterior boundary lines, titles, title sheet, and other information deemed necessary by the City Engineer.

B.

The Final Map shall be based upon a field survey.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-3606. - FILING WITH THE CITY ENGINEER. ¶

After receipt of the action of the Review Authority approving or conditionally approving the Tentative Map, the subdivider may cause the real property included within the map, or any part thereof, to be surveyed and a Final Map prepared in compliance with the approved or conditionally approved Tentative Map application. All documents necessary for adequate review of the Final Map shall be submitted to the City Engineer. Documents required for review include the following:

A.

Dedications. All dedications or offers of dedication shall have been accomplished or shall be made by notation and a certificate on the map. Dedications or offers of dedication made on the map may be accepted, accepted subject to improvement, or rejected at the time the map is approved. The City Clerk shall certify the City Engineer's action with regard to such dedications or offers of dedication.

B.

Improvements. All required improvements shall have been made, or an agreement providing for the construction of such improvements shall have been entered into with the City.

C.

Additional Documents. The subdivider shall file the following documents with the City Engineer:

1.

A statement from the County Officer computing redemptions, that according to the records of their office there are no liens for unpaid municipal taxes or special assessments collected as taxes, except taxes or special assessments not yet payable, against said subdivision or any part thereof, and as to the latter, an estimate of taxes and assessments which are a lien, but not yet payable.

2.

In the event of any proposed dedication for public use, a certificate of title, a subdivision guarantee, or a dedication letter in the name of the owner of the land, issued to or for the benefit and protection of the City by a title company authorized by the laws of the State to write the same, showing all parties whose consent is necessary to pass clear title to the land being subdivided, together with the nature of their interests therein except where the land contained in such subdivision is registered under the Land Registration Act (i.e., Torrens Act) in which latter case a certified copy of the certificate of title shall be furnished.

3.

Whenever property is subdivided with the intention that it shall have a use other than designated on the then existing zoning map, such use shall be stated, and the building setback lines and other regulations affecting such other use shall be shown and noted on the plot.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-3607. - PROCESSING OF THE FINAL MAP. ¶

A.

Review of Final Map. The City Engineer shall be the primary coordinator in seeing that conditions of approval of the Tentative Map have been fulfilled.

B.

Review of Final Map for Condition and Government Code Compliance. The City Engineer shall be responsible for seeing that the conditions of approval and applicable provisions of the Government Code have been fulfilled. The City Engineer shall transmit maps to and request written reports from the City departments which have submitted conditions on the approved Tentative Map.

C.

Examination by the City Engineer. Upon receipt of the Final Map, the City Engineer shall examine it as to sufficiency of affidavits and acknowledgements, correctness of survey data, mathematical data and computations, and other matters which may require checking to ensure compliance with the provisions of the Map Act, this Division, and applicable City standards. If the Final Map is found to be in substantial compliance with the Tentative Map and is to form, the matters shown on the map are sufficient, and the

City Engineer is satisfied that all of the conditions of approval have been met, the City Engineer shall endorse approval of the Final Map.

D.

Filing of Official Copy of Final Map. If the Final Map and the accompanying documents have been found satisfactory by the City Engineer, the subdivider shall cause the Final Map to be officially filed with the City Engineer at least 20 days before the expiration of the approved or conditionally approved Tentative Map or any approved extension of time granted. The Final Map shall not be officially filed until the engineer or surveyor has received notification from the City Engineer that all provisions of the Tentative Map approval, the Map Act, this Development Code, the Municipal Code, and applicable City standards have been complied with. The filing of the official copy of the Final Map with the City Engineer shall constitute the timely filing of the Final Map.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-3608. - ACTION ON FINAL MAPS. ¶

The City Engineer shall submit the final map to the Council per the Map Act (Section 66474.1) for action as follows:

A.

Referral to the Council. Upon receipt of the Final Map, the City Engineer shall check it as to correctness of surveying data, plans, profiles, and specifications of improvements, certificates of dedication, acceptance of dedication, and acknowledgments, and such other matters as require checking to ensure compliance with the provisions of law and of this article.

B.

Criteria for Approval. If the map conforms to all of the requirements of the Map Act and this Code, the Council shall approve the map. If the map does not conform, the Council shall disapprove the map.

C.

Timing of Council's Review. The Council shall take action not more than 10 days after the filing of the Final Map, or at the next available hearing date.

D.

City Engineer's Certificate. Following approval by the Council, the City Engineer shall execute the City Engineer's certificate.

E.

Map with Dedications. If a dedication or offer of dedication is required on the Final Map, the Council shall accept, accept subject to improvements, or reject any or all offers of dedication, at the same time as it takes action to approve the Final Map. If the Council rejects the offer of dedication, the offer shall remain open and may be accepted by the Council at a later date in compliance with the Map Act (Section

66477.2). Any termination of an offer of dedication shall be processed in compliance with the Map Act (Section 66477.2) and the street vacation procedures in the Streets and Highways Code (Sections 8300 et seq.).

F.

Improvement Agreements and Security Requirements. If improvements required by this Development Code, conditions of approval, or by law have not been completed at the time of approval of the Final Map, the Council shall require the developer to enter into an agreement with the City as specified in the Map Act (Section 66462), and Article 37, Dedications and Reservations, as a condition precedent to the approval of the Final Map.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-3609. - RECORDING OF FINAL MAP.

A.

Transmittal to Recorder. After approval of the Final Map by the Council, and after the required signatures and seals have been affixed, the City Engineer shall transmit the Final Map to County Recorder for filing, in compliance with Section 15-3609-B, Recordation of Maps.

B.

Recordation of Maps. At the time of filing of a Parcel or Final Map with the County Recorder, the subdivider shall present to the County Recorder evidence that, at the time of filing the map, the parties consenting to the filing are all parties having vested fee interest in the property being subdivided and are parties required to sign the certificate described in the Map Act (Section 66445(e)).

(Added Ord. 2015-39, § 1, eff. 1-9-16).

ARTICLE 37 - DEDICATIONS AND RESERVATIONS

Limitations. For limitations and exclusions from this article, refer to the Map Act (Section 66477).

7.

Amount of Land to Be Dedicated. The amount of land to be dedicated or fees to be paid in lieu thereof shall bear a reasonable relationship to the use of the park and recreation facilities by the future inhabitants of the subdivision (Map Act Section 66477).

8.

Formula for Calculating Amount of Land. In accordance with the Map Act (Section 66477(a)(2)), the amount of land to be dedicated shall be calculated according to the following formula:

A × B = Land to be dedicated

a.

"A" means the park and recreation area required per dwelling unit, based on the type of dwelling units of the proposed subdivision and the park area per 1,000 city residents, which is calculated as follows:

i.

The park area of the city is determined to be three acres per 1,000 people, or .003 acres per person.

ii.

The park and recreation area required per dwelling unit is established as follows:

(1)

Single-Unit Development. For dwelling units to be constructed on property zoned RS each unit is assigned 3.11 people. Therefore, A = 3.11 x .003 = 0.00933 acres per unit.

(2)

Multi-Unit Development. For dwelling units to be constructed on property zoned other than RS, each unit is assigned 2.53 people. Therefore, A = 2.53 x .003 = 0.00759 acres per unit.

iii.

"B" means the number of dwelling units in the proposed subdivision. For the purpose of this section, the number of dwelling units in the proposed subdivision shall be determined as follows:

(1)

Single-Unit Development. The number of dwelling units shall equal the number of parcels indicated on the Final Map.

(2)

Multi-Unit Development. The number of dwelling units shall equal the maximum number of dwelling units allowed under that zone.

(3)

Condominium Developments. The number of dwelling units shall equal the number of condominium units indicated on the Final Map, or the maximum number of dwelling units allowed under that zone if the Final Map does not indicate the number of units.

9.

In-Lieu Fees. If fees are paid in lieu of land dedication, such fees shall be equal to the then-current Parkland Dedication In-Lieu Fee.

10.

Credits.

a.

Per the Map Act (Section 66477(a)(9)), if a subdivider provides park and recreational improvements, the value of the park and recreational improvements, together with any equipment located thereon, shall be a credit against the payment of fees or dedication of land otherwise required by this section.

b.

To be authorized and approved by the City, park and recreational improvements and equipment provided by subdividers pursuant to this section shall be generally consistent with applicable principles and standards for local and neighborhood parks contained in the General Plan, as determined by the City.

Condominiums. In accordance with the Map Act (Section 66477(e)), common interest developments such as community apartments, condominiums, and stock cooperatives, shall be eligible to receive a credit not to exceed 25 percent, as determined by the City, against the land required to be dedicated, or the amount of the fee imposed pursuant to this section, for the value of private open space within the development which is usable for active recreational uses. For the purposes of this section, private open space usable for active recreational uses means private open space that is:

i.

At least ¾ of an acre in area with the smallest dimension being at least 100 feet clear, excluding front and street side yards normally required by zoning provisions;

ii.

Owned and maintained by a homeowners' association, available to all residents of the subdivision without restriction, and designated for park and recreational purposes by recorded covenants which run with the land and cannot be defeated or eliminated without consent of the Council;

iii.

Suitable for active park and recreation purposes taking into consideration such factors as shape, topography, access, and improvements proposed; and

iv.

Generally consistent, as determined by the City, with applicable principles and standards for parks contained in the General Plan.

11.

Procedures.

a.

Prior to approval of a subdivision, the Review Authority shall consider:

i.

The amount of land required for open space purposes;

ii.

That a fee be charged in lieu of land;

iii.

That a combination of land and fee be required; and

iv.

The location of the park land and, where appropriate, the siting and conceptual design of the park facilities appurtenant thereto, to be dedicated or used in lieu of fees.

b.

At the time of approval, the Review Authority shall determine whether land, in-lieu fees, or a combination of land and fees shall be dedicated and/or paid by the subdivider.

c.

The Review Authority may approve, modify, or disapprove the recommendations of City staff; provided, however, that any modification of the recommendation not previously considered shall first be referred back to City staff for further report and recommendation.

12.

Off-Site Dedication. Dedication of land outside of the subdivision may be authorized by the City, by action on the Tentative Map and be credited toward the developer's park land dedication requirement pursuant to this section.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2025-024, § 69, eff. 7-27-25).

Sec. 15-3702. - ACCEPTANCE OF DEDICATIONS.

A.

At the time of approval by the Council, the Council shall accept, accept subject to improvement, or reject dedications and offers of dedications that are made by a statement on the map, and the City Clerk shall certify or state on the map the action taken by the Council.

B.

Acceptance of offers of dedication on a Final Map and the transfer of title to the property so accepted shall not be effective until the Final Map is duly recorded under the provisions of the Map Act (Section 66439) and this Subdivision Ordinance.

C.

As a condition precedent to the acceptance of any streets or easements, the City Engineer or the Council may require that the subdivider, at subdivider's option, to either improve or agree to improve said streets or easements in accordance with Article 38, Improvements and Security. Upon the execution by the subdivider of such an agreement and the posting of improvement security required by Section 15-3806,

Improvement Agreements and Security, the map may be approved as set forth in this section and recorded in the office of the County Recorder.

D.

If at the time the Final Map is approved, any streets, paths, alleys, public utility easements, rights-of-way for local transit facilities such as bus turnouts, benches, shelters, landing pads, and similar items, which directly benefit the residents of a subdivision, or storm drainage easements are rejected, subject to Section

771.010 of the Code of Civil Procedure as may be amended, the offer of dedication shall remain open and the Council may by resolution at any later date, and without further action by the subdivider, rescind the action by the City Engineer or Council and accept and open the streets, paths, alleys, public utility easements, rights-of-way for local transit facilities such as bus turnouts, benches, shelters, landing pads, and similar items, which directly benefit the residents of a subdivision, or storm drainage easements for public use, which acceptance shall be recorded in the office of the County Recorder.

E.

If a map showing a reversion to acreage of the tract is subsequently filed for approval, any offer of dedication previously rejected shall be deemed to be terminated upon the approval of the map by the Council subject to the reversion to acreage procedures of Article 1, Chapter 6 of the Map Act. If a map showing a resubdivision is subsequently filed for approval, any offer of dedication previously rejected shall be deemed to be terminated upon approval of the map by the City Engineer pursuant to this section. The map showing a reversion to acreage or resubdivision shall contain a notation identifying the offer or offers of dedication terminated by this subsection.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-3703. - RESERVATIONS. ¶

A.

General. As a condition of approval of a Tentative Map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries, water wells, sewer lift stations, etc. according to the standards contained in this section.

B.

Standards for Reservation. Where a park, recreational facility, fire station, library, or other public use is shown on the General Plan, the subdivider may be required by the City to reserve sites determined by the City to be in accordance with the policies and standards of the Plan and the following:

1.

The reserved area must be of such size and shape as to permit the balance of the property to develop in an orderly and efficient manner;

2.

The amount of land reserved shall not make development of the remaining land held by the subdivider economically unfeasible; and

3.

The reserved area shall conform to the General Plan, and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.

C.

Procedure. Pursuant to the Map Act (Section 66480), the public agency for whose benefit an area has been reserved shall, at the time of approval of the final, enter into a binding agreement to acquire the reserved area within two years after the completion and acceptance of all improvements, unless the period of time is extended by mutual agreement.

D.

Payment. The purchase price shall be the market value of the reserved land at the time of the filing of the Tentative Map, plus the taxes against the reserved land from the date of the reservation and any maintenance costs incurred by the subdivider including interest costs incurred on any loan covering the reserved area.

E.

Termination. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement, as provided for in the Map Act (Section 66480), the reservation of the area shall automatically terminate.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

ARTICLE 38 - IMPROVEMENTS AND SECURITY

Sec. 15-3801. - PURPOSE. ¶

This Division provides standards for the preparation and review of improvement plans, the installation of improvements, and for security to guarantee installation of the improvements.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-3802. - IMPROVEMENTS REQUIRED. ¶

The subdivider shall construct or cause to be constructed all on-site and off-site improvements required as a condition of approval of any Tentative Map, Parcel Map, or other division of land subject to the provisions of this Subdivision Ordinance or the Map Act according to standards approved by the City.

A.

Preparation and Content. After the approval of a Tentative Map and before the construction of any improvements, the subdivider shall submit plans to the City as follows:

1.

Improvement plans shall be prepared by a California registered professional engineer;

2.

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

3.

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

4.

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

B.

Requirements. All improvements as may be required as conditions of approval of a Tentative Map, Tentative Parcel Map, or City ordinance, together with, but not limited to, the following shall be required of all subdivisions.

1.

As a condition of approval of a Tentative Map or Tentative Parcel Map, there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public, subject to the provisions of the Map Act (Sections 66485-66489).

2.

All improvements shall be constructed to meet City standards and specifications.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-3803. - SUBMITTAL AND REVIEW OF PLANS. ¶

A.

Submittal. Improvement plans shall be submitted to the City Engineer and other appropriate reviewing agencies for review and approval. Upon the approval of improvement plans, the subdivider shall also submit to the City Engineer a detailed cost estimate of all improvements, based on guidelines provided by the City.

B.

Review and Approval. Improvement plans shall be reviewed and approved by the applicable agency within the time limits specified by Map Act (Section 66456.2).

C.

Effect of Approval. The final approval of improvement plans shall be required before approval of a Parcel or Final Map. The approval of improvement plans shall not bind the City to accept the improvements nor waive any defects in the improvements as installed.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-3804. - INSTALLATION OF IMPROVEMENTS. ¶

The subdivider shall improve, or execute a secured written agreement to improve, all streets, highways, and public ways in the subdivision. Improvements shall be installed to permanent line and grade to the satisfaction of the City Engineer in accordance with the Standard Specifications. The minimum improvements which the subdivider shall make or agree to make, prior to acceptance and approval of a Parcel Map or a Final Map, shall consist of:

A.

Grading. Grading of streets and alleys, installation of street lighting, drainage pipes or lines, and drainage structures.

B.

Curbs, Gutters, and Sidewalks. Installation of sidewalks, curbs, gutters, and driveway approaches, unless the Standard Specifications for the Street Section do not require the improvements.

C.

Surfacing. Surfacing of a width and quality suitable for the particular type of street or alley as established in specifications adopted therefore.

D.

Pedestrian Ways. Pedestrian ways, including paving, landscaping, and fences and walls as may be required.

E.

Bikeways. Bikeways as may be required.

F.

Trails, Greenways, or Parks. As may be required.

G.

Water System. A water system of sufficient design and capacity to furnish an adequate water supply for each lot in the subdivision and for adequate fire protection to the area, as determined by the City Engineer.

H.

Sewer Facilities. Sanitary sewer facilities and connections for each lot.

I.

Utilities. Services from all utilities for each lot, made in such manner that will avoid or minimize disturbance of completed street improvements.

Median Island Landscaping. The installation and planting of median islands, as may be required.

K.

Street Trees. The planting of street trees in planting strips and landscaping in frontage road islands and in all required landscape areas, as may be required.

L.

Street Signs. The installation of street signs as may be required.

M.

Street Lighting. The installation of an underground street lighting system approved by the City Engineer, provided that undergrounding shall not be required for that portion of the system located in a public rightof-way, where the Council makes the following findings:

1.

The frontage of any lot upon which the underground street lighting system would be installed is within an area in which there currently exists an adequate overhead serviced street lighting system; and

2.

The underground lighting system is not required based upon the nature of the neighborhood, the amount and type of existing development, and the existing or potential traffic in the area.

N.

Irrigation and Drainage Canals. All irrigation or drainage canals of a capacity which can be accommodated by a pipeline having an inside diameter of 54 inches or less shall be piped and trash racks shall be installed at all newly constructed headwalls or pipe inlets.

O.

Railroads. If in any subdivision there is a railroad grade crossing, adequate right-of-way, as determined by the City, shall be reserved for grade separation as determined by the City Engineer.

P.

Drainage. The subdivider either shall pay drainage fees at the time of the approval of the Final Map, or shall agree in the subdivision agreement to pay such sum within 30 days after the approval of the Final Map. Whenever, in the opinion of the City Engineer, the subdivision and improvements will cause a flooding or drainage problem which will not be solved within a reasonable time by the Fresno Metropolitan Flood Control District (FMFCD) or other public agency, the subdivider shall be required to dedicate or allocate sufficient land and provide temporary facilities to alleviate the flooding or drainage problem, and to provide a single payment of funds for the maintenance thereof (by depositing sufficient money with the City to reasonably cover said costs). In addition, said land and facilities shall be required to remain in such use until the water can be handled or disposed of by facilities constructed by the FMFCD or other public agency.

Q.

Exemption from Improvements. The following described exemptions apply only to improvements and payments required by this section at the time of the division of land described in this article and are not exemptions from any other requirement.

1.

When property is divided solely because of acquisition of lands by governmental agencies for public projects, purposes or improvements, only the parcel or parcels so acquired need be provided with the improvements or be the basis for payments required by Subsection B.

2.

The improvements and payments required by this shall not be required on or in front of any undeveloped portion of a net acreage of 10 acres or more which exists after the division of land.

3.

The improvements and payments required by Subsection B are not required in whole or in part or in front of any parcel of more than four or less than 10 net acres which exists after the division of land, whenever the City Engineer in his or her discretion determines that the omission of all or part of the improvements will not be materially detrimental to the public welfare, safety, or convenience, will not adversely affect the rights of adjacent property owners or occupants, or be injurious to property or improvements in the area, and that the installation thereof would be premature in relation to the public needs of the present and immediate future.

R.

Deferment of Improvements. The City Engineer may permit postponement of any or all of the improvements required by Subsection B when plans have been formulated for a federally assisted neighborhood improvement program which will accomplish or financially aid accomplishment of the installation of the improvements, and the owner enters into a recordable written agreement in a form approved by the Director waiving the parcel owner's right to protest the formation of an assessment district to construct the improvements and waiving their rights for time payment for the cost to construct improvements should the program not proceed within three years and the City Engineer causes the improvements to be installed at the owner's expense as provided for in Chapter 27 of Part 3 of Division 7 of the Streets and Highways Code.

S.

Improvement Plans and Profiles. The plans and profiles of all improvements to be installed by the subdivider in, over, or under any street or right-of-way, easement, or parcel of land where improvements are required or proposed, shall be approved by the City Engineer. If all plans and profiles are not filed at the time of filing the Final Map, the Improvement Security shall include a guarantee that the remaining plans and profiles will be prepared in accordance with the requirements of the City Engineer.

Agreement. An agreement to make the improvements required under this section shall be in such form and executed in such manner as may be required by the Director, as approved by the City Attorney, and shall be secured by a bond, cash deposit, or other security as may be approved by the Director and City Attorney. The agreement may provide for improvements to be installed in phases and reasonable time limits may be placed upon any and all construction.

U.

Deferral of Sidewalks to Occupancy. At the request of the Subdivider, the Director may determine that it is appropriate to allow the deferral of sidewalk construction, including driveway approaches and street trees, along the frontage of certain single-unit residential lots until after the acceptance of the subdivision by the City. The Director may only accept the subdivision and defer sidewalk construction, including driveway approaches and street trees, to occupancy of the homes provided that all of the following conditions have been satisfied:

1.

The construction of the sidewalk along said single-unit residential lots is made a condition upon the building permit for the particular home, with completion of the sidewalk, including the driveway approach and street trees, required prior to occupancy.

2.

All other conditions of approval have been satisfied by the subdivider and all other public improvements have been completed.

3.

All sidewalks along residential side yards, or any side of the lot that does not have a planned driveway approach, have been constructed.

4.

All sidewalks along the perimeter major streets have been constructed.

5.

All sidewalks along the entry streets to the subdivision have been constructed, from the major street to the first local residential street intersection within the subdivision.

6.

Either (a) All sidewalks have been constructed on the side of the street containing street lighting or underground street light conduit; or (b) all underground street light conduits have been protected by an alternative method to the satisfaction of the Director.

7.

All sidewalks have been constructed along the complete frontage of any temporary ponding basins and any outlots being dedicated to the City, including but not limited to park sites and well sites.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2024-003, § 1, eff. 4-1-24; Am. Ord. 2025-024, § 70, eff. 7- 27-25).

Sec. 15-3805. - INSPECTION OF IMPROVEMENTS.

All improvements shall be inspected by the City per adopted policies, procedures, ordinances, or under other circumstances as determined by the City Engineer.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-3806. - IMPROVEMENT AGREEMENTS AND SECURITY.

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 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 agrees to furnish the equipment, labor, and material necessary to complete the work within the time specified in the agreement in compliance with Map Act (Section 66499.3).

A.

Required Security. Improvement security must be furnished to guarantee that the improvement work or act specified in the agreement or contract identified will be completed and that all stakes and monuments will be set as may be required by the City.

B.

Performance Security. The improvement security for faithful performance shall be:

1.

One hundred percent of the total estimated cost of the improvement or act to be performed; and

2.

Five percent of such amount shall be cash or a certificate of deposit conditioned upon the faithful performance of the act or agreement.

C.

Payment Security. The improvement security for payment shall be in the amount of 50 percent (minimum) of the total estimated cost of the improvement or act to be performed securing payment to the contractor, the subcontractors, and to persons furnishing labor, materials, or equipment to them for the improvement or the performance of the required act.

D.

Warranty Security. Upon performance of the act or final completion and acceptance of the required work, the following amount, in the form of cash or a certificate of deposit, shall be retained by or furnished to the

City as security for guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished:

1.

Five percent of the first $50,000 of the total estimated cost of the improvement or act to be performed; plus,

2.

Three percent of the next $50,000; plus,

3.

One percent of the next $400,000; plus,

4.

Half of one percent of the total estimated cost of the improvement or act to be performed exceeding $500,000.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-3807. - FORM OF SECURITY.

Security required pursuant to this article shall be in such form as may be required by the City Engineer, and approved by the City Attorney, and may include bond, or bonds by one or more duly authorized corporate sureties, certificate of deposit, or cash deposit.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-3808. - COMPLETION OF IMPROVEMENTS.

A.

Parcel Maps.

1.

Requirements for the construction of improvements shall be noticed by certificate on the Parcel Map, on the instrument evidencing the waiver of such Parcel Map, or by separate instrument and shall be recorded on, concurrently with, or prior to the Parcel Map or instrument of waiver of a Parcel Map being filed for record.

2.

The construction of such improvements shall be required prior to subsequent issuance of a permit or other grant of approval by the City for the development of such parcel. Any agreement shall be subject to review and approval of the City Attorney.

The Director may require fulfillment of such construction requirements within a reasonable time following approval of the Parcel Map and prior to the issuance of a permit or other grant of approval for the development of a parcel upon a finding by the City Engineer that fulfillment of the construction requirements is necessary for reasons of public health and safety or as a prerequisite to the orderly development of the surrounding area.

B. Final Maps.

1.

If the required improvement work is not completed to the satisfaction of the City Engineer before the Final Map is filed, the owner or owners of the subdivision shall concurrently with the approval of such map enter into an agreement with the City agreeing to have the work completed within the time specified in said agreement. Said agreement may provide for the improvements to be installed in units for extensions of time under specified conditions, or for the termination of the agreement upon a reversion of the subdivision or a part thereof to acreage. The subdivider, in lieu of the agreement to construct improvements may enter into a contract with the City by which they agree within such time as may be provided in the contract to initiate

and to consummate proceedings under an appropriate special assessment act for the formation of a special assessment district covering the subdivision or part thereof for the financing and construction of designated improvements upon the streets or easements dedicated by the map.

2.

Any such agreement or contract shall by its terms provide for the acceptance of the work as it progresses and for partial withdrawal of any deposit in bonds or money upon certification of the City Engineer, in a manner similar to cash payments under cash contracts and under rules established by the City.

(Added Ord. 2015-39, § 1, eff. 1-9-16).