Fresno Municipal Code Art. 38 Improvements and Security

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).

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).

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).

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.

J. 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 right-of-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.

T. 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).

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).

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).

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).

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.

3. 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).