§ 12.16

(a)

The subdivider shall grade and improve or agree to grade and improve all land shown on the final tract or parcel map for those dedications listed in Section 12.14.010 in compliance with the requirements of the approved tentative map in such a manner and with such improvements as are necessary for the general use of the lot or parcel owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final tract or parcel map.

(b)

The subdivider may be required to improve or agree to improve those dedications which are necessary or convenient to ensure conformity to or implementation of the General Plan.

(OCC § 7-9-302)

(a)

Required improvements shall be noticed by a certificate on the final parcel map or the instrument evidencing waiver of the parcel map. Except as otherwise specified in Section 12.16.020(c), the certificate shall include a requirement for fulfillment of such improvements prior to issuance of any building permit or other grant of approval for development of the parcel, or for installation of the improvements at such earlier time as provided in the agreement.

(b)

The agreement required by Section 12.16.050 shall be entered into prior to the County Surveyor's approval of the parcel map for recordation, or prior to granting a waiver of the parcel map. Except as otherwise specified in Section 12.16.020(c), the agreement shall provide for installation of the improvement prior to the granting of any building permit or other grant of approval for development of the parcel, or for the installation of the improvements at such earlier time as provided in the agreement.

(c)

The requirements for installation of the improvement prior to issuance of building permits may be omitted from a parcel map when such a requirement is not a condition of approval of the parcel map or waiver of parcel map.

(OCC § 7-9-303)

Improvements shall be designed and constructed in accordance with the standards of design contained in Chapter 12.12 of this title, the Standard Plans generally accepted design standards, as identified by the City Manager or designee, and any other applicable standards adopted by the City Council.

(OCC § 7-9-304)

All improvement plans of improvements to be installed within or supplemental to the final tract or parcel map must be approved by the appropriate agency prior to approval of the final tract or parcel map.

(OCC § 7-9-305)

If any improvements are not completed satisfactorily or any monuments not set before the final tract or parcel map is approved, the subdivider shall enter into an agreement with the County whereby, in consideration of the approval by the County of the final tract or parcel map, the subdivider agrees to perform and to furnish the equipment and material necessary to complete the required work within the time specified in the agreement. Such agreement shall be accompanied by security as provided in section 12.16.070, improvement security and 12.16.090, monumentation.

(OCC § 7-9-306)

Subdividers submitting detailed plans and specifications for approval required by section 12.16.040 shall pay plan checking, engineering, and inspection fees as established by resolution of the City Council.

(OCC § 7-9-307)

Security in the form specified by Subdivision Map Act (Government Code § 66410 et seq.) shall be furnished with every improvement agreement. The amount of the security shall be as follows:

(1)

If bonds are furnished by one of the authorized corporate sureties:

a.

A performance bond in the amount of 100 percent of the estimated cost of the improvement.

b.

A labor and material bond in the amount of 100 percent of the estimated cost of the improvement.

(2)

If money, instrument of credit or negotiable bonds are furnished, 100 percent of the estimated cost of the improvement. Said money, instrument of credit or negotiable bonds shall apply to both faithful performance and payment to the contractor, subcontractors, laborers, materialmen and other persons employed in the performance of the agreement.

(OCC § 7-9-308)

State Law reference— Improvement security, Government Code § 66499 et seq.

The Director, Public Facilities and Resources Department, is authorized to release security in accordance with the provisions of the Subdivision Map Act (Government Code § 66410 et seq.).

(OCC § 7-9-309)

State Law reference— Release of security, Government Code § 66499.7

(a)

Monuments shall be set for each tract and parcel map in accordance with the provisions of the Subdivision Map Act (Government Code § 66410 et seq.) and in accordance with the rules and procedures approved by the County Surveyor.

(b)

The agreement referred to in Section 12.16.050 shall be accompanied by security in the sum not less than the cost of setting such monuments.

(OCC § 7-9-310)

State Law reference— Monuments, Government Code § 66495.

The Director, Public Facilities and Resources Department, is authorized to grant an extension of time to the agreement as specified in Section 12.16.050, if in his opinion a delay in the completion of the improvements is justified and the delay will not cause substantial inconvenience to the general public.

(OCC § 7-9-311)

CHAPTER 12.18. - FEES IN LIEU OF DEDICATION OR IMPROVEMENT