La Habra Heights Municipal Code Ch. 9.8 Subdivision Improvements

The purpose of this Chapter is to establish the procedures for all required on and off-site subdivision improvements.

The subdivider shall construct all required improvements both on and off site according to standards approved by the City including, but not limited to, the Street Standards and Standard Specifications and Plans. No Final Map shall be presented to the Council or Parcel Map to the Community Development Director or Planning Commission for approval until the subdivider either completes the required improvements, or enters into an agreement with the City agreeing to do the work.

Required improvements may include:

A. Frontage Improvements. The frontage of each lot shall be improved to its ultimate
adopted geometric section, including street structural section, driveway approaches,
transitions and, if required, curbs and sidewalks.

B. Storm Drainage. Storm water runoff from the subdivision shall be collected and conveyed
by an approved storm drain system. The storm drain system shall be designed for ultimate
development of the watershed. The storm drain system shall provide for the protection of
abutting and off-site properties that would be adversely affected by any increase in runoff
attributed to the development. On- or off-site storm drain improvements or impoundments
may be required to satisfy this requirement.

C. Sanitary Sewers. Each unit or lot within the subdivision shall be served by a community
sewer collection system or an individual septic system.

D. Water Supply. Each unit or lot within the subdivision shall be served by an approved
domestic water system.

E. Utilities. Each unit or lot within the subdivision shall be served by gas (if required),
electric, telephone and cable television facilities. All existing and proposed utilities within
the subdivision and along either side of peripheral streets shall be placed underground
except those facilities exempted by the Public Utilities Commission Regulations.

F. Off-Site Improvements. If the subdivider is required to construct off-site improvements
on land in which neither the City or the subdivider have sufficient title or interest to allow
construction, the City shall, within 120 days of recording the Final Map acquire by
negotiation or commence condemnation of the land. If the City fails to meet the 120-day
time limit, the condition for the construction shall be waived. Prior to approval of the Final
Map, the City may require the subdivider to enter into an agreement to complete the off-site
improvements at the time the City acquires title or interest in the land. The subdivider shall
pay the cost of acquiring off-site land or an interest in the land required to construct the
off-site improvements.

The design and layout of all required improvements both on and off site, private and public, shall conform to generally acceptable engineering standards, to the City’s Street Standards and Standard Plans and Specifications, and to such standards as approved by the City Engineer. The following requirements will be applicable to the design of any required improvements:

A. Energy Conservation. The design of a subdivision for which a Tentative Map is required
pursuant to Chapter 9.3 shall provide, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision. For the purposes of this section,
"feasible" means capable of being accomplished in a successful manner within a reasonable
period of time, taking into account economic, environmental, social and technological
factors.

B. Cable Service. The design of a subdivision for which a Tentative Map or Parcel Map is
required shall provide appropriate cable systems an opportunity to construct, install and
maintain, on land identified on the map as dedicated or to be dedicated to public utility use,
any equipment necessary to extend cable services to each residential parcel in the
subdivision. For the purposes of this section, "appropriate cable systems" means those
systems franchised or licensed to serve the geographical area in which the subdivision is
located.

C. Access. The subdivision shall abut upon or have an approved access to a public street. Each
unit or lot within the subdivision shall have an approved access to a public or private street.
Street layout shall be designed to provide for future access to, and not impose undue
hardship upon, property adjoining the subdivision. Reserve strips, or non-access at the end
of streets or at the boundaries of subdivisions, shall be dedicated unconditionally to the
City when required.

The following requirement shall apply to the preparation of improvement plans.

A. General Requirements. Improvement plans shall be prepared under the direction of and
signed by a Registered Civil Engineer licensed by the State of California. Improvement
plans shall be processed according to the time limits set in the Subdivision Map Act.
Improvement plans shall include, but not be limited to, grading, storm drains, landscaping,
streets and related facilities.

B. Form and Content. Plans, profiles and details shall be legibly drawn, printed or
reproduced on 24" x 36" sheets. A border shall be made on each sheet providing 1/2" at
top, bottom and right side and 1-1/2" on the left side. A suitable title block shall be placed
in the lower right corner or along the right edge and provide adequate space for approval
by the City Engineer and for approval of plan revisions. Plan and profiles shall be drawn to
the scale of 1" = 40’ or larger unless approved by the City Engineer. Details shall be drawn
to such scale that clearly shows the facility being constructed. The scales for various
portions of the plans shall be shown on each sheet. Additional content and form
requirements include the following:

1. A vicinity map shall be shown on the first sheet of all sets of plans.

2. A north arrow shall be shown on each sheet when applicable.

3. Plans shall be laid out to orient north to the top or left edge of the sheet unless
approved otherwise by the City Engineer.

4. All lettering shall be 1/8" minimum or typed print of legible size.

5. If the plans include three or more sheets, a cover sheet showing the streets, lots,
easements, storm drains, index and vicinity map shall be included.

6. The form of all plans shall conform to additional requirements as may be established
by the City Engineer.

7. The final form of all plans shall be approved by the City Engineer.

C. Contents. The improvement plans shall show complete plans, profiles and details for all
required improvements to be constructed, both public and private, including common areas.
Reference may be made to City of La Habra Heights, Los Angeles County or State
Standard Plans in lieu of duplicating the drawings.

D. Supplementary Plans and Calculations. Hydrology, hydraulic plans and calculations, bond estimates, and any structural calculations as may be required, shall be submitted with the improvement plans to the City Engineer. All calculations shall be legible, systematic and signed and dated by a Registered Civil Engineer licensed by the State of California and in a form approved by the City Engineer.

E. Review by the City Engineer. The subdivider shall submit the improvement plans and all
computations to the City Engineer for review. Upon completion of the review, one set of
the preliminary plans, with the required revisions indicated, will be returned to the
subdivider’s engineer.

F. Approval by the City Engineer. After completing all required revisions, the subdivider’s
engineer shall transmit the originals of the improvement plans to the City Engineer for
signature. Upon finding that all required revisions have been made and that the plans
conform to all applicable City ordinances, design review requirements and conditions of
approval of the Tentative Map, the City Engineer shall sign and date the plans. The
originals will be returned to the subdivider’s engineer. Approval of the improvement plans
shall not be construed as approval of the sanitary waste system, water, or gas and electric
construction plans. Approval by the City Engineer shall in no way relieve the subdivider or
the subdivider’s engineer from responsibility for the design of the improvements and for
any deficiencies resulting from the design thereof or from any required conditions of
approval for the Tentative Map.

The following requirements are applicable to the revision of approved improvement plans.

A. By Subdivider. Requests by the subdivider or the engineer for revisions to the approved
plans appearing necessary or desirable during construction shall be submitted in writing to
the City Engineer and shall be accompanied by drawings showing the proposed revision. If
the revision is acceptable, the originals shall be submitted to the City Engineer’s office for
initialing. The originals shall be returned to the subdivider’s engineer and prints of the
revised plans shall be immediately transmitted to the City Engineer. Construction of any
proposed revision will not be permitted to commence until the revised plans are received by the Community Development Department.

B. By City Engineer. When revisions are deemed necessary by the City Engineer to protect
public health and safety, or as field conditions may require, a request in writing shall be
made to the subdivider and engineer. The subdivider’s engineer shall revise the plans and
transmit the originals to the City Engineer for initialing within the time specified by the
City Engineer. Upon receipt of the initialed originals, the subdivider’s engineer shall
immediately transmit prints of the revised drawings to the City Engineer. Construction of
all or any portion of the improvements may be halted by order of the City Engineer until
prints of the revised drawings have been submitted. The subdivider may appeal revisions
required by the City Engineer to the City Council by filing an appeal with the City Clerk
within two working days following receipt of the request to revise the plans.

C. Plan Checking and Inspection Costs for Revisions. Cost incurred by the City for the
checking of plans or calculations or inspection as a result of revisions to the approved plans
shall be borne by the subdivider at actual cost. A deposit, when required, shall be submitted
with the revised prints and applied toward the actual costs.

The Improvement Agreement shall be prepared and signed by the City Engineer and approved as to form by the City Attorney. The agreement shall provide for:

A. Construction of all improvements according to the approved plans and specifications on
file with the City Engineer;

B. Completion of improvements within the time specified by Section 9.8.100;

C. Right by City to modify plans and specifications and to require the subdivider to pay for
modifications;

D. Warranty by subdivider that construction will not adversely affect any portion of adjacent
properties;

E. Payment of inspection fees in accordance with the City’s resolution establishing fees and
charges;

F. Payment of in-lieu fees for the undergrounding of utilities where, in the determination of
the City, the undergrounding of utilities on the site is impossible or impracticable;

G. Payment of in-lieu fees for park land dedication;

H. Payment of drainage district or area fees;

I. Improvement security as required by this article;

J. Maintenance and repair of any defects or failures and causes thereof;

K. Release and indemnification of the City from all liability incurred by the development and
payment of all reasonable attorney’s fees that the City may incur because of any legal
action arising from the development;

L. Any other deposits, fees or conditions as required by City ordinance or resolution and as
may be required by the City Engineer; and

M. Any other provisions required by the City as reasonably necessary to effectuate the purpose
of this code.

This Section governs the requirements regarding Improvement Security Agreements.

A. General. Any improvement agreement, contract or act required or authorized by the
Subdivision Map Act or this chapter, for which security is required, shall be secured in
accordance with the Subdivision Map Act and as provided in this Section. No Final Map or
Parcel Map shall be signed by the City Engineer or recorded until all improvement
securities required by this section have been received and approved.

B. Form of Security. The form of security shall be one or the combination of the following at
the option and subject to the approval of the City.

1. Bond or bonds by one or more duly authorized corporate sureties. The provisions of
the bond or bonds shall be in accordance with the Subdivision Map Act.

2. An instrument of credit or certificate of deposit from one or more financial institutions
subject to regulation by the State or Federal government and pledging that the funds
necessary to carry out the act or agreement are on deposit and guaranteed for
payment.

3. A deposit, either with the City or a responsible escrow agent or trust Company, at the
option of the City, of money or negotiable bonds of the kind approved for securing
deposits of public money.

C. Amount of Security. A performance bond or security in the amount of one hundred
percent (100%) of the estimated construction cost to guarantee the construction or
installation of all improvements shall be required of all subdivisions. An additional amount
of fifty percent (50%) of the estimated construction cost shall be required to guarantee the
payment to the subdivider’s contractor, subcontractors and to persons furnishing labor,
materials or equipment for the construction or installation of improvements. The foregoing
shall not apply to a California nonprofit corporation when funded by a government agency
if the corporation complies with Section 66499.3(c) of the Subdivision Map Act. The
estimate of improvement costs shall be as approved by the City Engineer and shall provide
for:

1. Not less than five (5) percent nor more than ten (10) percent of the total construction
cost for contingencies;

2. Increase for projected inflation computed to the estimated midpoint of construction;

3. All utility installation costs or a statement acceptable to the City Engineer from the
utility company or companies that adequate security has been deposited to ensure
installation; and

4. In addition to the full amount of the security, there shall be included estimated costs
and reasonable expenses and fees, including attorney’s fees, which may be incurred
in enforcing the obligation secured.

D. Cash Bond. The subdivider shall deposit with the City not less than Three Thousand

Dollars ($3,000.00) cash for subdivisions of four or fewer parcels, and Five Thousand
Dollars ($5,000.00) for other subdivisions, or an additional amount as required by the City
Engineer, not to exceed one (1) percent of the construction cost.

E. Warranty Security. Upon agreement for the subdivision improvements by the City, the
subdivider shall provide security in the amount required by the City Engineer to guarantee
the improvements throughout the construction period until completion and acceptance of
the improvements pursuant to Government Code section 66499.7 and Civil Code
section3114 et seq. The amount of the warranty security shall be not less than ten (10)
percent of the cost of the construction of the improvements, including the cash bond that
shall be retained as permitted pursuant to applicable state law. In hillside areas, the
warranty security shall be not less than fifty (50) percent of the construction cost of
improvements.

F. Reduction in Performance Security. The City Engineer may authorize in writing the
release of a portion of the security in conjunction with the acceptance of the satisfactory
completion of a part of the improvements as the work progresses upon application by the
subdivider, but in no case shall the security be reduced to less than ten (10) percent of the
total improvement security given for faithful performance. The amount of reduction of the
security shall be determined by the City Engineer; however, in no event shall the City
Engineer authorize a release of the improvement security which would reduce security to
an amount below that required to guarantee the completion of the improvements and any
other obligation imposed by this ordinance, the Subdivision Map Act, or the Improvement
Agreement.

G. Release of Performance Security. Performance security shall be released after acceptance
of the improvement by the City Council or City Engineer and when an approved warranty
security has been filed with the City Engineer. If warranty security is not submitted,
performance security shall be released twelve (12) months after acceptance of
improvements and correction of all warranty deficiencies.

H. Release of Labor and Materials Security. Security given to secure payment to the
contractor, subcontractors, and to persons furnishing labor, materials or equipment may,
six (6) months after the completion and acceptance of the improvements by the City
Council or City Engineer, be reduced to an amount equal to the amount of claims therefor
filed and of which notice has been given to the City Council. The balance of the security
shall be released upon the settlement of all such claims and obligations for which the
security was given.

I. Release of Warranty Security. The warranty security shall be released upon satisfactory
completion of the warranty period provided that all deficiencies appearing on the final
deficiency list for the subdivision have been corrected and not less than twelve (12) months
have elapsed since the acceptance of the improvements by the City Council, or as otherwise
permitted by applicable state law.

The construction methods and materials for all improvements shall conform to the standard specifications of the City as adopted by Council Resolution. The general provisions of the City’s Standard Specifications shall apply to the developer where applicable. Construction shall not commence until approved by the City Engineer.

The following requirements apply to the inspection of improvements constructed as part of a subdivision.

A. General. All improvements are subject to inspection by the City Engineer or authorized
personnel in accordance with the City’s Standard Specifications.

B. Pre-construction Conference. Prior to commencing any construction, the developer shall
arrange for a pre-construction conference with the City Engineer.

C. Final Inspection and Deficiency List. Upon completion of the subdivision improvements,
the developer shall apply in writing to the City Engineer for final inspection. The City
Engineer shall schedule a preliminary final inspection. A deficiency list shall be compiled
during the inspection, noting all corrections or any additional work required. If the number
of items is excessive or the subdivision appears incomplete, the preliminary final inspection
may be halted and rescheduled to a date determined by the City Engineer. When the
preliminary final inspection has been completed, a copy of the deficiency list shall be
transmitted to the subdivider for correction. Upon having completed all corrections or
additional work as outlined in the deficiency list, the developer shall state in writing that
all corrections have been completed satisfactorily and request a final inspection. The City
Engineer shall then make a final inspection. Upon finding that all items on the deficiency
list have been corrected and receipt of as-built improvement plans, the subdivision
improvements shall be placed on the City Council agenda for acceptance or accepted by
the City Engineer in the manner provided by this Chapter. The completion of corrections
indicated by the deficiency list shall not relieve the developer from the responsibility of
correcting any deficiency not shown on the list that may be subsequently discovered.

This Section indicates the requirements that govern the completion of improvements.

A. Subdivisions of Five or More Parcels. Improvements shall be completed within twenty-
four (24) months, or such time as approved by the City Engineer, not to exceed a period of
thirty-six (36) months, from the date of approval of the Final Map, unless an extension is
granted by the City Council or City Engineer. Should the subdivider fail to complete the
improvements within the specified time, the City Council may, by resolution, cause any or
all uncompleted improvements to be completed and the parties executing the surety or
sureties shall be firmly bound for the payment of all necessary costs.

B. Subdivisions of Four (4) or Fewer Parcels. Completion of improvements will not be
required until such time as a permit or other grant approval for the development of any
parcel within the subdivision is applied for. The completion of the improvements may be
required prior to a specified date when the City Engineer finds completion of such
improvements to be necessary for public health or safety or for the orderly development of
the surrounding area. The specified date, when required, shall be stated in the Subdivision
Improvement Agreement and shall not exceed thirty-six (36) months after a permit or other
approval for the development of any parcel within the subdivision is approved. The City
Engineer shall determine if all improvements shall be completed prior to occupancy of any
specified unit within the subdivision.

C. Extensions. The completion date may be extended by the City Council for subdivision of five (5) or more parcels and by the Planning Commission for subdivision of four (4)
or fewer parcels, upon written request by the subdivider and the submittal of adequate
evidence to justify the extension. The request shall be made not less than thirty (30) days
prior to expiration of the Subdivision Improvement Agreement. The subdivider shall enter
into a Subdivision Improvement Agreement extension with the City. For subdivisions of
five (5) or more parcels, the agreement shall be prepared and signed by the City Engineer,
approved as to form by the City Attorney, executed by the subdivider and surety and
transmitted to the City Council for its consideration. If approved by the City Council, the
Mayor shall execute the agreement on behalf of the City. For subdivisions of four (4)
or fewer parcels, the agreement shall be prepared by the City Engineer, approved as to
form by the City Attorney, executed by the subdivider and the provider of the surety and
executed by the Community Development Director on behalf of the City. In consideration
of a Subdivision Improvement Agreement extension, the following may be required:

1. Revision of improvement plans to provide for current design and construction
standards when required by the City Engineer;

2. Revised improvement construction estimates to reflect current improvement costs as
approved by the City Engineer;

3. Increase of improvement securities in accordance with revised construction estimates;
and/or

4. Inspection fees may be increased to reflect current construction costs but shall not be
subject to any decrease or refund. The City Council, or the City Engineer for
subdivisions of four (4) or fewer parcels, may impose additional requirements as
recommended by the City Engineer or as it may deem necessary as a condition of
approving any time extension for the completion of improvements. The costs incurred
by the City in processing the agreement shall be borne by the subdivider at actual
cost.

This Section provides the requirements that govern the acceptance of construction improvements for a subdivision.

A. General. When all improvement deficiencies have been corrected and as-built
improvement plans submitted, the subdivision improvements shall be considered by the
City for acceptance Improvements for subdivisions of five (5) or more parcels may be
accepted by the City Council. The City Engineer shall be responsible for the acceptance of
improvements for subdivisions of four (4) or fewer parcels. Acceptance of the
improvements shall imply only that the improvements have been completed satisfactorily
and that public improvements have been accepted for public use. If there are no
improvements dedicated to the public, the City Engineer shall record a notice of completion
of subdivision improvements with the County Recorder.

B. Acceptance. After all improvements are accepted and public improvements dedicated on
the Final Map, the City Clerk shall record an acceptance of public improvements with the
County Recorder. The City Engineer shall file the acceptance of improvements dedicated
on Parcel Maps with the County Recorder.

C. Acceptance of a Portion of the Improvements. When requested by the subdivider in writing, the City may consider acceptance of a portion of the improvements. Acceptance
will only occur if the City finds that it is in the public interest and such improvements
are for the use of the general public. The City Engineer shall file the acceptance of
improvements dedicated on Parcel Maps with the County Recorder.

As a condition of approval of a Tentative 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. However, when such supplemental size, capacity, number or length is solely for the benefit of property not within the subdivision, the City shall, subject to the provisions of Sections 66486 and 66487 of the Subdivision Map Act, enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements. The City Council shall determine the method for payment of the costs required by a reimbursement agreement, which method may include, but shall not be limited to, the following:

A. The collection from other persons, including public agencies, using such improvements for
the benefit of real property not within the subdivision, a reasonable charge for such use.

B. The contribution to the subdivider of that part of the cost of the improvements that is
attributable to the benefit of real property outside the subdivision and the levy of a charge
upon the real property benefited to reimburse the City for such costs, together with interest
thereon, if any, paid to the subdivider.

C. The establishment and maintenance of local benefit districts for the levy and collection of
such charge or costs from the property benefited.

D. No charge, area of benefit or local benefit district shall be established unless and until a
public hearing is noticed and held thereon by the City Council in accordance with the
provisions of Section 9.4.30.H and the City Council finds that the charge, area of benefit or
local benefit district is reasonably related to the cost of such supplemental improvements
and the actual ultimate beneficiaries thereof.

E. In addition to the notice required by subsection D of this section, written notice of the
hearing shall be given to those who own property within the proposed area of benefit as
shown on the last equalized assessment roll, and the potential users of the supplemental
improvements insofar as they can be ascertained at the time. Notice shall be served by mail
by the City Clerk at least ten (10) days prior to the date established for the hearing.