§ 16.05

(A) The purpose of this chapter is to define, specify, regulate and control the design and improvement of public works facilities, dedications and offers of dedications and other requirements imposed as conditions of acceptance and approval of final tract maps, final parcel maps, the combination of lots, reversions to acreage, land development by use permit or building permit, other public works permits and all other procedures and processes wherein public improvements, improvement plans and dedications are required as a condition precedent to official city approval either by the City Engineer, the Director of Development Services, the Planning Commission or the City Council and to describe and regulate the preparation and execution of public improvement performance agreements, improvement securities, bonds and other instruments guaranteeing the completion of any required public improvements.

(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DESIGN. Street alignment, grade and width; drainage and sanitary facilities and utilities, including alignments and grades thereof, location and size of all required easements and rights-of-way; lot size and configuration; vehicular access and traffic safety; grading and erosion control; land to be dedicated for park or recreational purposes; bicycle, bridle, hiking and recreation trails; and any other specific requirements in the plan and configuration of the subdivision, tract, division of land, development for which a use permit or building permit is requested, lot consolidations, reversion to acreage or other process or act requiring city approval or permit as may be necessary or convenient to ensure conformity to or implementation of the city’s General Plan or any element thereof. IMPROVEMENT. Refers to such street improvements and work and utilities to be installed or agreed to be installed by the subdivider, owner, applicant, permittee or land developer on the land to be used for public, or private streets, highways, ways, alleys and easements as are necessary for the general use of the lot owners or residents in the subdivision or development, and traffic and drainage needs as a condition precedent to the approval and acceptance of the final tract map, parcel map, issuance of a use permit, building permit or other evidence of city approval for an act or development. Improvement shall also refer to such other specific improvements or types of improvements the installation of which is necessary or convenient to ensure conformity to or implementation of the city’s General Plan or any element thereof.

(Ord. 2722, passed - -1990)

(A) All public improvements, construction and dedications required and described in this title shall conform to the standards and specifications of the city as specified in this chapter and in the printed standards on file in the offices of the City Clerk and City Engineer and in the applicable portions of the latest editions of the State Department of Transportation “Standard Specifications” and the American Public Works Association “Standard Specifications for Public Works Construction,” copies of which are also on file in said offices.

(B) The printed standards and specifications are adopted and authority is vested in the City Engineer to amend and change such standards and specifications from time-to-time as he or she deems to be in the best public interest, provided such amendments and changes are filed with the City Clerk prior to implementation. (Ord. 2722, passed - -1990)

Minimum public improvements and dedications which shall be required to be made or guaranteed under the provisions of this title shall be as follows:

• (A) The improvement of public and private streets to provide suitable access and circulation;

• (B) A sewerage system to provide adequate collection of wastes from each lot, parcel, building or structure within the area being developed;

• (C) A water supply system capable of providing adequate water supply and fire protection for each lot, parcel, building or structure within the area of development;

• (D) Storm drainage systems to provide the area with suitable protection against inundation, erosion, sedimentation or damage to on- or off-site property;

• (E) A street lighting system;

• (F) Traffic control and warning signs, pavement striping and markings, all in conformance with the requirements of state law and the City Engineer;

• (G) Installation of landscaping and irrigation facilities adjacent to or appurtenant to other public improvements;

(H) Installation of underground utilities, including gas, telephone, electrical, water, sewer services and cable television;

• (I) Dedication of easements necessary to accommodate all of the improvements listed in this section; and

(J) Any other such requirements as needed to ensure conformity to or implementation of the city’s General Plan. (Ord. 2722, passed - -1990)

The following standards and criteria shall apply for the design and construction of all public improvements required under this title.

• (A) Streets and highways.

• (1) Right-of-way and roadway width.

(a) Streets shall substantially conform to the circulation element of the General Plan or an adopted specific plan. Requirements may exceed General Plan requirements at the request of the developer with concurrence of the City Engineer. In the absence of a General Plan or specific plan, the street system shall relate in location and width to the existing streets in the area adjoining the development or project. Additional right-of-way may be required for public facilities, including, but not limited to, bikeways, recreation trails, bus ways or bus lanes, parking lanes and treatment of intersections based on a traffic analysis which shows the need for added through lanes and/or turning lanes, dual left-turn lanes and/or separate right-turn lanes.

streets in the area adjoining the development or project. Additional right-of-way may be required for public facilities, including, but not limited to, bikeways, recreation trails, bus ways or bus lanes, parking lanes and treatment of intersections based on a traffic analysis which shows the need for added through lanes and/or turning lanes, dual left-turn lanes and/or separate right-turn lanes.

(b) Streets or highways not falling clearly into listed types or private streets with public service easements may have widths different than those listed as approved by the City Engineer. Roadway widths at intersections and places of other public facilities may be wider than listed above as determined by the City Engineer.

(c) Certain streets have been designated by specific plan as rural streets. The widths, public improvement requirements and maintenance obligations for these streets shall conform to this specific plan.

(2) Dead-end and cul-de-sac streets. Cul-de-sac streets shall not exceed 500 feet in length measured along the street centerline of the intersecting street to the radius point of the turn-around or bulb end of the cul-de-sac. The property line radius at the terminus of the cul-de-sac shall be designed so as to provide a uniform parkway width. The curb radius shall be a minimum of 39 feet. Dead-end streets, to be extended at some later date, shall not exceed 300 feet in length, measured along street centerline from the centerline of the intersecting

street to the terminus of the dead-end street. The ends of dead-end streets shall be improved with temporary turnarounds as required by the City Engineer.

(3) Frontage roadways. Along major highways, limited access highways or freeways, a frontage road separated from the main roadway by an acceptable divider strip may be required. All such dimensions, widths and curve radii on such multiple roadways shall be subject to determination by the City Engineer.

(4) Curved streets. The centerline radii of curves of streets or highways, except where physical conditions and other special circumstances make compliance impractical, shall be not less than:

• (a) One thousand feet on arterial highways;

• (b) Five hundred feet on local collector streets; and

• (c) Two hundred feet on all other streets.

(5) Grades. Street grades shall not be less than 0.2% for such distances as topographical conditions make a

greater grade impractical. Street grades shall not exceed 6% on arterial highways or 8% for all other streets. Steeper grades may be constructed for short distances only where topographical conditions make a lesser grade impractical as determined by the City Engineer.

(6) Intersections. Street intersections shall be as near to right angles as practicable. In no case shall the angle between centerlines (produced) be less than 50 degrees. Where new streets intersect existing “tee” intersections, the new centerline shall align as closely as possible with that of the opposite street.

(7) Continuation of existing streets. Streets which are a continuation of streets on contiguous property shall be aligned so as to assure that their centerlines shall coincide. In cases where straight continuations are not physically possible, such centerline shall be continued by curves.

(8) Curb return and property line radii. At the intersections of all streets, where one street has a right-of-way of 80 feet or greater, the radius of the curb return shall be no less than 35 feet. Curb return radii on all other intersecting streets, where both streets have right-of-way widths less than 80 feet, shall be 27 feet. The property line radius at the above intersections shall be equal to the curb return radius, less the width of the narrower parkway of the two intersecting streets with the minimum radius of 15 feet. In no case shall the parkway width around a curb return be less than six feet wide. At the intersection of a private street or a public service easement with a public street where the width of the private street or public service easement exceeds 25 feet in width, the curb return shall be no less than 27 feet in radius.

(B) Sidewalks and walkways. Concrete sidewalks shall be installed on both sides of all arterial highways and through streets, except where special conditions, such as hillside development, slopes, single-loaded streets or a rural neighborhood atmosphere makes such sidewalk construction impractical or undesirable. Widths shall be designated by the City Engineer, but shall not be less than four feet wide, clear of obstructions, in residential areas and five feet wide in multiple-residential zones. Sidewalks may be eliminated in parkways on streets fronting property zoned for industrial or manufacturing use, where approved by the City Engineer, provided the parkway is suitably landscaped and irrigated in lieu thereof. In residential zones of R-1-15,000 or greater, sidewalks may be eliminated from cul-desac and local streets where approved by the City Engineer. Full width sidewalks shall generally be provided on arterial highways and in commercial zones. Walkways between blocks or streets or at such other locations as required by the City Engineer, shall be dedicated and improved for the convenience of pedestrian traffic and shall be not less than five feet in width, clear of obstructions. Public walkways shall be improved in a manner and to the extent as required by the City Engineer. Sidewalks, improved to the standards and at the locations specified by the City Engineer, shall be provided and installed within common lot areas, between lots, and along private streets and easements in planned residential developments (PRD), and planned unit developments (PUD), and in condominium projects.

(C) Street lighting and common area lighting. Street lights shall be provided and installed on all streets. The lighting system shall be constructed to city standards and shall be city-owned and operated. Private streets and common areas within planned residential and planned unit developments and within condominium projects shall be improved by the construction of street and area lighting systems which shall be privately owned and operated systems designed to city standards or Edison-owned systems, as approved by the City Engineer.

nstructed to city standards and shall be city-owned and operated. Private streets and common areas within planned residential and planned unit developments and within condominium projects shall be improved by the construction of street and area lighting systems which shall be privately owned and operated systems designed to city standards or Edison-owned systems, as approved by the City Engineer.

(D) Street names and street name signs. All new streets shall be named and all private streets within planned unit and planned residential developments shall be named. The names shall be chosen by the city, or by the subdivider or developer, subject to the review and approval of the City Engineer. Street name signs, bearing block numbers shall be installed at intersections of all streets and highways and private named streets and at such other locations designated by the City Engineer. All street name signs shall conform to the standards as established by the City Engineer as to size, color, height, lettering and other details. Fees to pay for the furnishing and installation of street name signs by city forces shall be collected from the developer or subdivider, unless otherwise approved by the City Engineer.

(E) Parkway trees. Parkway trees shall be installed along all streets and highways. The trees shall be installed in the manner and shall conform to the size and species specified by the City Engineer. In full width sidewalks, tree wells shall be provided as required for the trees. On streets adjacent to industrial, manufacturing or planned residential zones, parkway trees may not be required, provided they are replaced by trees or other suitable landscaping planted on adjacent properties in conjunction with on-site landscaping.

(F) Median islands. Raised median islands shall be required where traffic conditions, property access, public safety or other reasons, as determined by the City Engineer, require same. Medians shall be constructed to the width, length and alignment as determined by the City Engineer and shall, when he or she requires, be provided with landscaping and a suitable irrigation system.

(G) Alleys and public service easements.

(1) Alleys may be required on all sites zoned for or to be used for commercial or multiple-family purposes when the lot layout, safety of access, provision of legal access or public service needs makes such public access necessary. Where the lot is large, under single ownership and the conditions applicable for public alleys are not present, a public service easement, improved to city standards, may be required in lieu of an alley. The purpose of the public service easement is to provide an easement for all public and private utilities, including cable television, and to provide an access easement for all public service vehicles, including, but not limited to, emergency vehicles, police patrol, fire inspection and refuse collection trucks. The property owner may otherwise control access and shall be responsible for maintenance of the roadway improvements within the public service easement. Alleys or public service easements

ies, including cable television, and to provide an access easement for all public service vehicles, including, but not limited to, emergency vehicles, police patrol, fire inspection and refuse collection trucks. The property owner may otherwise control access and shall be responsible for maintenance of the roadway improvements within the public service easement. Alleys or public service easements

may be required at the rear of all property fronting directly upon major highways and secondary streets and may be required at other locations where necessary to prevent undue interference with traffic. Where alleys or public service easements intersect, the corners shall be provided with cutoffs to provide a sight-distance and to facilitate turning. Cutoffs shall be triangular-shaped, having 15 feet (minimum) sides on each alley, or spandrel-shaped, having a 25-foot (minimum) radius. Alley and public service easement dedications shall include the cutoff areas.

(2) All alleys and public service easements shall be subject to determination by the City Engineer as to design, alignment, width and method of improvement, with the minimum width of any alley or public service easement being 20 feet. As a condition of tentative or final map approvals or the issuance of building or use permits, existing alleys in need of reconstruction or upgrading, where determined by the City Engineer, may be required to be reconstructed or upgraded, or in lieu thereof, a reasonable cash deposit in the amount of the estimated cost of improvement, shall be deposited with the City Engineer.

(H) Drainage and grading improvements.

(1) Drainage facilities shall be provided and installed as necessary to protect the lots, parcels, buildings or structures involved from flooding and to prevent excessive flooding of the public streets therein or abutting. The facilities shall be designed to prevent flooding of the first floor level, as defined by the Federal Insurance Administration from storm runoff emanating from a 100-year frequency storm. Public streets shall be protected from flooding from runoffs of a ten-year frequency storm, in accordance with policies and criteria determined by the City Engineer. Protection to higher levels may be required by the City Engineer, dependent upon the degree of flood risk involved, the topography, location, local drainage patterns and the requirements of the County Flood Control District. Hydrologic and hydraulic calculations and studies for all such facilities shall be subject to the review and approval of the City Engineer.

a determined by the City Engineer. Protection to higher levels may be required by the City Engineer, dependent upon the degree of flood risk involved, the topography, location, local drainage patterns and the requirements of the County Flood Control District. Hydrologic and hydraulic calculations and studies for all such facilities shall be subject to the review and approval of the City Engineer.

(2) All grading done in conjunction with the development of the tract or property concerned shall be performed in conformance with the city’s Building and Grading Code and with good engineering practices. On- and off-site storm drain facilities and the site grading shall be so designed and constructed to prevent undue erosion of the site or off-site properties and to prevent excessive deposits of mud, silt or debris upon any public street or easement or within any channel, storm drain facility, swale or water course. Fees may be required as a condition of the final approval of a subdivision map, parcel map or the issuance of a building or use permit, for the purpose of defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm drain waters from local or neighborhood drainage areas. The fee, if any, shall be set by the Council at the time of the approval of the development based upon the cost of the system required, the contributing drainage area and the flooding potential involved.

(I) Sewerage facilities. Sewer mains, manholes and appurtenances shall be constructed to serve the subdivision, lot, parcel, building or structure, and individual laterals shall be provided to each lot and parcel therein. All such facilities shall be installed prior to the paving of the streets and alleys or improvement of the easements within the development. Sanitary sewers shall be constructed to the sizes, lines, grades and design as approved by the City Engineer and as required by any Master Plan of Sewers or element of the General Plan in effect. Fees may be required as a condition of the final approval a subdivision map, parcel map or the approval of issuance of a building or use permit for the purpose of constructing planned sanitary sewer facilities for local sanitary sewers in accordance with the city’s Master Sewerage Plan or any applicable element of the city’s General Plan. The fee, if any, shall be set by the Council at the time of the approval of the development based upon the cost of the system required, the contributing area and the overloading potential involved.

(J) Water supply system. Water shall be provided from the city water utility. Water mains, services, meters, crossconnection control, valves, fire protection facilities and all other appurtenances of the water system shall be to the sizes, lines, grades and design as determined by the City Engineer and as specified in Title 12 and applicable state law.

All mains, services and appurtenances shall be installed prior to the paving of the streets or alleys or easements within the development. Connection charges, water main reimbursements, front footage charges and all other fees related to water systems shall be paid to the water utility in accordance with Title 12 of this code.

(K) Driveways and access. The location of driveway depressions and access points within a subdivision, planned residential or planned unit development project or other development shall be as shown on the approved tentative map, concept plan or site plan or, in their absence, as determined by the City Engineer. Driveways and access points shall be improved in the manner and to the extent as determined by the City Engineer, subject to the following general provisions.

• (1) Driveway depressions shall be a minimum of ten feet wide.

• (2) Driveway depressions on a single parcel or lot shall be separated by at least 20 feet of full curb height.

• (3) Maximum width of driveway de- pressions in R-1 zones:

• (a) Where lot has a one or two-car garage, 22 feet; and

• (b) Where lot has a three-car garage, 26 feet.

• (4) Maximum width of driveway de- pressions in other higher zones, 30 feet, except as otherwise approved by the City Engineer.

• (5) No part of a driveway depression or transition shall encroach onto adjoining property frontages.

(6) Driveways shall be constructed symmetrically and shall be at right angles to the centerline of the street or radial to the street or curved streets. Where alleys are available to provide access to a parcel or a property, or where other access is available to a local street, the approval of driveway access or the issuance of a permit for a driveway from said parcel or property to any street designated as major, primary or secondary street on the circulation element of the General Plan may be prohibited by the City Engineer. His or her decision in this regard may be appealed to the Transportation and Circulation Commission, whose decision in the matter shall be final. Where the construction or widening of any street, or the development of any parcel or property requires the striping or restriping of any pavement, the painting of turn pockets, medians, edge lines or other pavement markings, or the installation of warning or advisory signs, in order to provide safe traffic flow or access to or from the property, parcel or development, all such work shall be done at no cost to the city, in accordance with the standards of the City Engineer, the State Department of Transportation, Cal. Vehicle Code and other applicable codes.

(L) Landscaping. The open space and other areas owned in common in planned residential, planned unit developments and condominium projects shall be provided with landscaping and irrigation facilities in accordance with plans to be approved by the Director of Development Services. These improvements shall be included in the improvement securities posted for any subdivision or development requiring same.

dscaping._ The open space and other areas owned in common in planned residential, planned unit developments and condominium projects shall be provided with landscaping and irrigation facilities in accordance with plans to be approved by the Director of Development Services. These improvements shall be included in the improvement securities posted for any subdivision or development requiring same.

(M) Traffic signals. Construction, of modification or upgrading of traffic signals and appurtenances may be required as a condition of the approval of any subdivision, land division, use or building permit, if the additional traffic generated by the tract or development, the safety of the traveling public, the increased use of the streets or other unusual circumstances require the construction. Where the development of a subdivision or other project will be phased over a period of time and, in the opinion of the City Engineer, the full effect of the increased burden on the streets will not be felt for a period of time, the subdivider or developer may be required to deposit a cash amount in the estimated value of the traffic signal improvements ultimately to be made, which sum shall be used at such time as the construction of the signal and appurtenances is warranted. The exact amount, details and timing of the deposit and future construction shall be subject to an agreement between the city and the subdivider or developer.

(N) Walls. A masonry wall shall be constructed along the sides of all arterial, primary and secondary highways, where the abutting residential lots or parcels have alternate access to other streets, and where access rights to the arterial, primary or secondary highway from the abutting lots have been or are required to be dedicated to the city. The exact type of construction, design and height of the walls shall be determined by the City Engineer and by the Director

of Development Services, as each applies. At the bottoms of slopes along streets and highways improved or to be improved with sidewalks, a slough wall shall be required to be installed to prevent sloughing off of dirt, mud or other deposits from the hillside of slope onto the sidewalks. The exact type of construction, design and height shall be determined in the same manner as above. In lieu of the slough wall requirement, the bottoms or toes of the slopes shall be set back from the sidewalk area a reasonable distance as is determined by the City Engineer. (Ord. 2722, passed - -1990)

Improvements installed or required to be installed as a condition of a subdivision, tract, division of land or the approval of a use or building permit may be required by the City Engineer to contain supplemental size, capacity, number or amount for the benefit of adjoining or nearby properties not within the tract, lot division or development for which the use or building permit is requested. All such additional or supplemental facilities shall be dedicated to the city for public use in a manner approved by the City Engineer. When such additional or supplemental improvements or facilities are required, the city may enter into a reimbursement agreement with the subdivider or developer, in a form approved by the City Attorney, which shall provide for reimbursement to the subdivider or developer from all future parties or properties benefitted by the presence, use or availability of the additional improvements or facilities. The amount of the reimbursement shall be equal to the difference in cost between the total actual cost of the improvements, including the additional or supplemental facilities, and the cost of the improvements had not the additional or supplemental items been required.

(Ord. 2722, passed - -1990)

Pursuant to the requirements of this section, whenever:

(A) Any tentative tract or parcel map or map for the reversion of lots to acreage is filed;

(B) A use or building permit is requested for the development or redevelopment of new or relocated buildings or structures;

(C) The addition of floor area equal to or in excess of 25% of the existing floor space of an existing building or structure is proposed in any zone except R-1;

(D) The installation of a new electrical service for any existing building or structure is proposed in any zone except residential zones where a stubout is provided for future use; or

(E) The conversion of a residential building to a nonresidential use is proposed; then all new or proposed electrical, telephone, community antenna television and similar wires, cables, service and appurtenances which provide direct service to the property being subdivided, divided or developed, shall be installed underground, and all existing facilities providing direct service to the building, structure or development being added to or rebuilt shall be undergrounded as a condition precedent to the approval of such tentative or final parcel map, subdivision tract map, use or building permit by the Planning Commission, City Council, Director of Development Services, City Engineer or city staff, whichever is applicable. All new line extensions of existing electric power, telephone, communication and cable television lines, hereinafter constructed in the city shall be placed underground. All utility undergrounding shall be installed and performed at no expense to the city, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the State Public Utilities Commission.

(1) Exceptions. The provisions of this section shall not apply to:

(a) Any municipal equipment or facilities installed under the supervision of and to the satisfaction of the City Engineer;

(b) Poles, overhead wires and cables and associated overhead structures and appurtenances used for the transmission of electrical power at nominal voltages in excess of 34,500 volts;

(c) Antennas, receivers, associated equipment and supporting structures used by a utility for communication services;

(d) Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestals, terminal boxes, meter cabinets, vents and the like;

(e) Temporary poles, wires and overhead structures and associated equipment used or to be used in conjunction with construction projects, or installed and maintained for a period of ten days or less for emergency reasons; and

(f) Any equipment or facilities owned or operated by the state or the federal government.

(2) Existing facilities. The provisions of this section shall not prohibit the maintenance and operation of existing overhead utility facilities, nor prohibit the installation of overhead service lines to facilities already served overhead by the same utility when approved by the City Engineer, nor prohibit the connection of underground service lines to overhead existing distribution equipment. A utility may intersect additional poles or other supporting structures or increase the height of existing poles or other supporting structures if such work takes place within the existing easements and pole lines of existing overhead facilities, and may continue to maintain, repair, replace and reinforce any facility or structure existing on or before the effective date of the ordinance codified in this chapter.

(3) Appeal. Where the enforcement of the provisions of this section would result in undue hardship on the part of a utility, subdivider or developer, application for exception from the provisions herein may be made in the following manner. Conditions imposed by the Planning Commission or by the City Council are excluded from this appeal process.

(a) Written application shall be filed with the Department of Development Services, with a copy to the City Engineer.

(b) Such written application shall include all information, facts and figures necessary to properly advise and inform the Development Services Director and the City Engineer of the circumstances which require such appeal and create the hardship.

(c) The Director of Development Services shall consider the application and the facts thereon, and shall, within 20 days after its filing, grant or deny the appeal or modify the requirements which caused the appeal and shall notify the appealing party in writing of his or her decision. Any action or decision taken or made by the Director of Development Services may be appealed to the Planning Commission and thereafter to the City Council, if necessary, in the same manner as required for appeals from the requirements of a use or building permit. For subdivision, tracts and lot divisions, any exception and appeal shall also be approved by the State Public Utilities Commission, if so required by the Director of Development Services.

(Ord. 2722, passed - -1990)

Unless otherwise specified in this title, a preliminary soils report prepared by a civil engineer registered in the state shall be required for every division of land for which a tract map or a parcel map is required. The Director of Development Services may waive the requirement for such report if, due to reports on file or his or her knowledge of the existing soil conditions and qualities within the land to be divided, he or she finds that such a preliminary report is not necessary. If the number of lots or parcels involved in the division is small or if their development is to be deferred, the Director of Development Services may also defer the requirement for a soils report until such time as grading or building permits are requested on the lots or parcels. Unless specifically required otherwise, a preliminary soils report shall not be required for the approval of a map for the reversion of divided land to acreage. Any such preliminary soils report shall be based upon sufficient test borings and shall indicate the character and quality of the

land and soils within the area being divided. If the preliminary soil report indicates the presence of critically expansive soils or conditions indicating slippage, soil movement, lack of compaction, seismic activity or any other condition, which if not corrected could lead to possible structural damage or defects to structures or dwellings built upon the land, then the Director of Development Services may require a soils investigation on each lot or parcel in the proposed division. The report shall recommend corrective actions to be taken which are likely to prevent the defects or damage, and such recommendations shall be required to be implemented as conditions precedent to the issuance of building permits for dwellings or structures on the lots or parcels involved. When a soils report is required, it shall be completed and submitted to the Director of Development Services prior to the City Council approval of the final tract map and prior to the City Engineer’s approval of any final parcel map.

(Ord. 2722, passed - -1990)

All construction of improvements under this title shall be subject to inspection and testing by the City Engineer or his or her authorized representatives to ensure compliance with the standards and specifications specified and required by this title. All work and improvements must be found to conform to the standards and specifications as a condition of the city’s acceptance of them and the release of any improvement securities held therefor. No construction shall commence or continue without first having arrangements made with the City Engineer or his or her staff for inspection. The City Engineer and his or her authorized representative shall have the right to stop any work or refuse to inspect any work or reject any or all work and construction if it is found that the work is unauthorized, is unsafe in any way to the workers or the public, is inferior in materials or workmanship, was performed without inspection or does not meet or comply with city standards, specifications or city-approved construction plans. Reasonable access to the construction and work shall be provided at all times so that full knowledge of the progress, workmanship and character of the materials used in the work can be gained.

(Ord. 2722, passed - -1990)

All public or private improvement plans, profiles, descriptions, studies, calculations, notes, surveys and drawings required under the provisions of this title shall be provided at no expense to the city and shall be prepared in accordance with this section and as required by the City Engineer. Construction plans for street, alley, drainage, sewer and water improve- ments, and for any other improvements as required, shall be drawn on standard city Mylars in black opaque ink and shall be filed with the City Engineer for his or her checking and review prior to their approval. All maps, sketches, descriptions, estimates, plats and other drawings and items required to fulfill the requirements of this title shall also be provided in the form, content, number and detail as specified by the City Engineer. The plans and profiles of all required and proposed public and private improvements in a subdivision tract shall be furnished to the City Engineer, and shall be ready for his or her approval before a final tract map of the subdivision is presented to the City Council for approval or prior to the City Engineer signing the final parcel map. No construction or work shall commence on any of the improvements shown on any construction or improvement plans required in this chapter until the plans have been reviewed and approved and signed by the City Engineer. After approval and signature by the City Engineer, all original Mylars shall become the property of the city and may be released thereafter for reproduction or other purposes only to bonded blueprinting or reproduction agencies, firms or individuals as approved by the City Engineer.

(Ord. 2722, passed - -1990)

All public and private improvements constructed in the city shall be built, provided and worked on in a safe manner. Workers, pedestrians and vehicular traffic shall be protected as required by the regulations and provisions of the State Division of Industrial Safety, the Federal Occupational Safety and Health Act, 29 U.S.C. §§ 651 et seq., and by city codes. No person, firm, corporation, partnership, association, contractor or subcontractor shall conduct his or her work or operations in any way which presents a clear and present danger or hazard to life and property or which unreasonably interferes with the rights of the citizens of the city or the public. Any such person, firm and the like, found to be in violation of this section by any police officer, peace officer or by the City Engineer or his or her authorized representatives is guilty of a misdemeanor and shall be cited in accordance with law. (Ord. 2722, passed - -1990)

Real property within the boundaries of a final subdivision tract map or parcel map shall be reserved for parks, recreational facilities, fire stations, libraries or other public uses, subject to the following conditions.

(A) Standards for reservations. The requirement for a reservation of real property shall be based upon a duly adopted specific plan or an adopted General Plan containing a community facilities element, a recreation and parks element or a public building element and the required reservations shall be in accordance with definite principles and standards contained therein. The reserved area shall be of such size and shape to permit the balance of the property within which the reservation is located to develop in an efficient and orderly manner, and the amount of land reserved shall not make development of the remaining land held by the subdivider or developer economically unfeasible. The reserved area shall conform to the adopted specific or general plan and shall be in such multiples of streets, lots and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period; in such an event, the subdivider or developer shall make those changes as are necessary to permit the reserved area to be developed for the intended purpose, consistent with good subdividing practices.

(B) Procedure.

(1) The city or other public agency for whose benefit an area has been reserved shall at the time of approval of the final tract map or parcel map enter into a binding agreement, in a form approved by the City Attorney, to acquire such reserved area within two years after the completion and acceptance by the city of all improvements required as condition of the approval of the map, or, if no improvements were required, within two years from the date of recordation of the tract map or parcel map, unless such periods of time are extended by mutual agreement.

(2) The purchase price shall be the fair market value of the reserved land, determined at the time of the filing of the tentative map or parcel map, plus the taxes against the reserved area from the date of the reservation and any other costs incurred by the subdivider or developer in the maintenance of the reserved area, including interest costs incurred on any loan covering such reserved area.

(C) Termination of reservation. If the city or other public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate. (Ord. 2722, passed - -1990)

Any subdivider who develops or completes the development of one or more subdivisions in one or more elementary school districts shall be required to dedicate to the school district or districts within which the subdivisions are to be located such land as the City Council deems necessary for the purpose of constructing thereon such elementary schools as are necessary to assure the residents of the subdivision adequate public school service. The amount of land

to be dedicated shall not exceed that which would make the development of the remaining land held by the subdivider economically unfeasible or exceed the amount of land ordinarily allowed under the procedures of the State Allocation Board.

(A) This requirement shall not apply to a subdivider who has owned the land being divided for more than ten years prior to filing of the tentative tract map or maps in accordance with this title.

(B) The requirement of dedication shall be imposed at the time of approval of the tentative tract map by the City Council or tentative parcel map by the Planning Commission. If, within 30 days after the approval of the tentative map upon which the school site dedication requirement has been imposed, the elementary school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement for dedication shall be terminated automatically. The required dedication may be made any time before, concurrently with or up to 60 days after, the filing and recordation of the final map with the County Recorder.

(C) The school district shall, in the event it accepts the dedication, repay to the subdivider or his or her successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

(1) The cost of any improvements to the dedicated land since acquisition by the subdivider;

(2) The taxes assessed against the dedicated land from the date of the elementary school district’s offer to enter into the binding commitment to accept the dedication;

(3) Any costs incurred by the subdivider in the maintenance of such dedicated land, including interest costs incurred on any loan covering such land;

(D) If the dedicated land is not used by the school district as a school site within ten years after the dedication, the subdivider shall have the option to repurchase the property from the district for the amount paid therefor.

(E) (1) The elementary school district to which the property is dedicated shall record a certificate with the County Recorder, which certificate shall contain the following information:

• (a) The name, address, zip code and telephone number of the subdivider dedicating the property;

• (b) A legal description of the real property dedicated;

(c) A statement that the subdivider dedicating the property has an option to repurchase the property if it is not used by the school district as a school site within ten years after dedication; and

• (d) Proof of the acceptance of the dedication by the school district and the date of the acceptance.

(2) The certificate shall be recorded not more than ten days after the date of acceptance of the dedication. The subdivider shall have the right to compel the school district to record such certificate, but until such certificate is recorded, any rights acquired by any third party dealing in good faith with the school district shall not be impaired or otherwise affected by the option right of the subdivider.

(F) If any subdivider is aggrieved by, or fails to agree to the reasonableness of any requirement imposed pursuant to this section, he or she may bring a special proceeding in the superior court pursuant to Cal. Gov’t Code, Title 7, Division 2, Chapter 7, Article 3 (§ 66499.37).

(Ord. 2722, passed - -1990)

The purpose of this section is to describe the manner in which dedications to the city shall be required and processed and to describe and set standards for the various kinds of dedications and easements required.

(A) General. The public need, safety, increased traffic, orderly development of the surrounding area and general welfare requires that dedications, offers of dedication and irrevocable offers of dedication of real property for various public uses be made to the city as conditions precedent to the approval or conditional approval of subdivision tract maps, parcel maps, reversions to acreage and consolidations and combinations of lots and parcels and for the approval or issuance of use permits, building permits, public works permits or any other action or event requiring evidence of

official city approval. Dedications may be required for streets, highways, alleys, public service easements, ways, courts, walkways, bicycle trails, bridle trails, recreation trails, abutter’s rights, vehicular and pedestrian access rights, slopes, storm drains, watercourses, floodplains, sewers, waterlines, water rights, public utilities, traffic signal facilities, environmental enhancement, landscaping, parks, recreation areas and for all other public uses not specified, if found to be required to conform to or implement the city’s General Plan or any element thereof. Dedications may also be required by the city on behalf of any other public agency or district.

(B) Dedication requirements. Dedications for streets and highways shall be to the widths designated in § 16.05.040(A)(1) of this title and as designated on the circulation element of the city’s General Plan or as designated on an approved specific plan, government specific plan (GSP) or other official plan. Deviations may be allowed for streets and highway widths not shown on the circulation element or on any approved specific plan based upon the land use, traffic volumes and other factors as determined by the City Engineer. Additional rights-of-way may be required for public facilities, including, but not limited to, bikeways, recreational trails, bus ways or bus lanes, parking lanes and treatment of intersections based on a traffic analysis which shows the need for added through lanes, and/or turning lanes, dual left-turn lanes and/or separate right-turn lanes. Dedications for other public easements shall be based upon the need for service, accessibility, topography, clearances available and other circumstances and factors as determined by the City Engineer. Easements for sewers, drains and the waterlines shall generally not be less than ten feet wide.

(C) Method of dedication. All dedications shall be made to the city in conformance with the following.

(1) By final subdivision tract map or parcel map. All streets, highways, alleys, easements and parcels offered for dedication or to be dedicated shall be clearly indicated on the final map. They shall be clearly described in the appropriate certificate on the title sheet of the map. Access rights dedications shall likewise be shown and described on the final map. The certificate shall be signed and acknowledged by all those parties having any record title interest in the property being subdivided, as specified in § 66436 of the Subdivision Map Act.

(2) By separate instrument. Where dedications are made requirements of the final approval of a lot consolidation, or the approval and issuance of a use permit, building permit or any other permit, and no final tract or parcel map is required to be filed and recorded as a condition thereof, then the required dedications shall be made by separate instrument in a form approved by the City Attorney, which shall be signed, executed and acknowledged by all parties having title interest in the property or rights being dedicated. Preparation, execution and delivery of the fully executed instrument shall be made prior to the final approval by the city of the consolidation or permit being requested.

(D) Acceptance or rejection of dedications.

(1) By subdivision tract map. At the time of final map acceptance and approval by the City Council, the Council may accept, accept subject to improvement or reject any or all dedications or offers of dedication. The City Clerk shall certify on the map the action by the Council. If at the time the map is approved, any dedications for streets, paths, alleys or other purpose are rejected, the offer of dedication made by the owners shall remain open and the City Council may by resolution at any later date and without further action by or notice to the subdivider, rescind its action and accept and open the streets, paths, alleys or other dedications and easements for public use, which resolution of acceptance shall be recorded with the County Recorder.

(2) By parcel map or separate instrument. If dedications are offered on the title sheet of a parcel map or are made by separate instrument to the city, they shall be accepted or rejected by a city official(s) authorized by City Council resolution(s), and shall thereupon be delivered to the County Recorder for recordation. (Ord. 2722, passed - -1990)

(A) Agreements.

(1) The construction of all public improvements required as a condition of the approval of a subdivision tract map, a parcel map, a use permit or a building permit, or any other type of permit or required as the condition of approval of a reversion to acreage or a lot consolidation, shall be guaranteed by the execution of a suitable agreement in a form prescribed in this title and approved by the City Attorney. All such agreements shall contain the terms and conditions to be met by the subdivider, developer or permittee and shall specify a reasonable time in which to construct the improvements or perform the requirements and obligations of the agreement. The time allowed for the completion of the work shall be as specified by the City Engineer and shall depend upon the amount and complexity of the work involved, the type of development and any other factors he or she may deem important. All agreements shall be executed by the owner or developer or the subdivider of the property or land being divided or developed. The signatures shall be acknowledged before a notary public and the agreements shall be accompanied by evidence substantiating the signer’s position, title and authority to bind the person, company, partnership, corporation, joint venture or other entity to the actions and obligations contained in the agreement.

(2) Prior to the expiration of the time allowed by the agreement in which to perform or complete the obligations contained therein, the subdivider, owner or developer who executed the agreement may request, in writing, that the City Engineer extend the term of the agreement. The written request shall contain the reasons for the requested additional time, the length of the additional time requested and any other data deemed necessary or informative. Upon consideration of the written request and the evidence presented, the request shall be acted upon and shall be either approved, rejected or modified. The request for extension may be handled at the staff level with written approval of the action by the City Manager, or if the City Engineer feels the matter is of special interest or of unusual importance, he or she may place the request before the City Council for its consideration.

(B) Improvement securities.

(1) Improvement securities shall be required to be posted as a guarantee of the performance of any act or obligation required as a condition of the approval of any final tract map, parcel map, reversion to acreage, lot consolidation or any use or building permit. Unless otherwise provided in this title, all such improvement securities shall be one of the following:

(a) A cash deposit made with the city;

(b) A time certificate of deposit or a savings passbook, made out to or assigned to the city in a form approved by the City Attorney and City Treasurer;

(c) A bond or bonds from a duly authorized corporate surety; or

• (d) An irrevocable letter of credit.

(2) Cash bonds, certificates, surety bonds and irrevocable letters of credit shall be in a form prescribed by the City Engineer, subject to the approval of the City Attorney. Improvement securities shall be in the amount of the total estimated cost of all the required improvements and conditions, which amount shall include an amount equal to 10% of the total estimated cost for the purpose of securing payment to the city for construction, contingencies and its costs for overhead, administration and other costs and expenses pertaining to the subdivision, division or project.

(C) Improvement securities for land divisions. Improvement securities posted as a guarantee of the performance of an agreement or act made a condition of the approval of land division or reversion requiring a parcel map or tract map, shall be in the following amounts for the following purposes:

(1) An amount determined by the City Engineer, equal to 100% of the total estimated cost of all of the required public and private improvements within the land division or reversion conditioned upon the faithful performance of the agreement, act or contract; and

(2) An additional amount determined by the City Engineer, not less than 50% of the total estimated cost of all the required public and private improvements within the land division or reversion securing payment to the contractor, his

or her subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act.

(D) Improvement securities for use permits, building permits, lot consolidations and other permits.

(1) Improvement securities posted as a guarantee of the performance of any agreement, act or contract made a condition of the approval or issuance of a use permit, building permit or lot consolidation or other permit, shall be in an amount equal to 100% of the total estimated cost of all of the required public and private improvements.

(2) Surety bonds therefor shall be in the form as prescribed by the City Attorney and the City Engineer.

(E) Release and reduction of improvement securities.

(1) The securities posted in conformance with divisions (C) and (D) above may be released in whole or in part, as specified in Cal. Gov’t Code § 66499.7, upon receipt of a written request from the principal. The City Engineer shall determine the validity of the request, and if all of the work has been satisfactorily completed, and all of the requirements imposed have been met, and all cash fees, charges and assessments have been paid in full, and all required departmental releases have been granted, then the improvement securities may be released in the manner specified by law and the improvements and work accepted by filing of a written instrument with the City Clerk, signed by the city official so designated and empowered to do so by the City Council. If only a portion of the work has been completed, the City Engineer may recommend the reduction of the face amount of the security held for faithful performance to an amount equal to the estimated total cost of the improvements remaining. Such reduction shall be approved upon the filing of a written instrument with the City Clerk, signed by the city official so designated and empowered to do so by the City Council.

(2) No reduction in the amount of improvement securities held shall be authorized or approved for an amount less than 20% of the total estimated cost of the remaining improvements, and the total amount of securities held shall not be reduced to an amount less than 20% of the total securities until final completion and acceptance of the work. In no event shall a reduction or release of improvement security be approved which would reduce such security to an amount below that required to guarantee completion of the act or other obligation imposed by this title, the improvement agreement or the Subdivision Map Act. No reduction in the amount of any improvement security shall be construed as city acceptance of any or all of the improvements constructed at the time of the reduction. It shall only be construed as an acknowledgment of the completion of a portion of the required work:

(F) Additional amounts of security required. All improvement securities shall also secure the faithful performance of any changes or alterations in the work to the extent that the changes or alterations do not exceed 10% of the total estimated cost of the required improvements.

(G) Exceptions. Under special circumstances, as determined by the City Engineer, the requirement for improvement securities required for the guarantee of an act, obligation or agreement made a condition of a building or use permit, lot consolidation or other act or process not involving a subdivision tract map or parcel map may be waived, provided a suitable agreement guaranteeing completion of the required act or obligation is executed. Such circumstances may include or be related to the size of the proposed building, structure or addition, its permit valuation, the estimated value or cost of the required improvements, the condition and makeup of the surrounding or adjacent areas, the likelihood of other improvements in the area, the status of other public improvements in the area and the demonstrated financial responsibility of the developer or applicant involved.

(H) Additional provision. In the event a tentative map is filed over the same, or any portion of, property being conditionally developed pursuant to any other provision of this code, the improvement security provisions regarding subdivision by tract map or parcel map shall prevail. Upon posting the securities required as a condition of approval of the final tract map or final parcel map, the developer may request, and the City Engineer may approve, release of securities previously posted pursuant to any other provisions of this code.

(Ord. 2722, passed - -1990)

CHAPTER 16.06: PUBLIC IMPROVEMENT REQUIREMENTS FOR LAND DEVELOPMENT BY BUILDING AND USE PERMITS