Chapter 7.12

IMPROVEMENTS, MONUMENTATION AND SECURITY

Any reference to the "City Engineer" in Chapter 7.12 shall be to the Director of Public Works, City Engineer, or the designee thereof.

(Ord. 171 § 1, 2007)

• 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 7.10.010. This shall be accomplished 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 traffic and drainage needs as a condition precedent to the approval and acceptance of the final tract or parcel map. All elevations shall be based on current Orange County Surveyor vertical datum. The grading plans and improvement plans shall make reference to the bench mark and elevation used for the design and engineering.

• 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.

• (Ord. 171 § 1, 2007)

• A. Required improvements shall be noticed by certificate on the final parcel map or the instrument evidencing waiver of the parcel map. Except as otherwise specified in Section 7.12.015(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 7.12.030 shall be entered into prior to the Director's approval of the parcel map for recordation or prior to granting a waiver of the parcel map. Except as otherwise specified in Section 7.12.015(C), the agreement shall provide for installation of the improvements 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 improvements 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.

• (Ord. 171 § 1, 2007)

Improvements shall be designed and constructed in accordance with the standards of design contained in Chapter 7.08 of this Code, the standard plans, and any other applicable standards adopted by the City Council.

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City of Lake Forest, CA § 7.12.020

LAKE FOREST CODE

§ 7.12.045

(Ord. 171 § 1, 2007)

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.

(Ord. 171 § 1, 2007)

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 City whereby, in consideration of the approval by the City 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 Sections 7.12.040 and 7.12.050. (Ord. 171 § 1, 2007)

Subdivider(s) submitting detailed plans and specifications for approval required by Section 7.12.025 shall pay plan checking, engineering, and inspection fees as established by resolution of the City Council:

• A. Engineering fee prior to approval of Director; and,

• B. Inspection fee prior to starting construction of bonded improvement at then applicable rates.

• (Ord. 171 § 1, 2007)

Security in the form specified by the Subdivision Map Act shall be furnished with every improvement agreement.

• A. If bonds are furnished by one of the authorized corporate sureties, the amount of security shall be:

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

  2. A payment bond in the amount of 100% of the estimated cost of the improvement.

• B. If money, instrument of credit, or negotiable bonds are furnished, the amount of the security shall be 100% 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.

• (Ord. 171 § 1, 2007)

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City of Lake Forest, CA

SUBDIVISIONS

§ 7.12.045

§ 7.12.060

• A. The Director is authorized to release security in accordance with the provisions of the Subdivision Map Act.

• B. If the performance security furnished by the subdivider is a letter of credit, the City Council shall release the letter of credit by returning the original letter of credit to the issuer of the letter of credit upon performance of the act or final completion and acceptance by the City Council of the required work. In the event that the City Council is unable to return the original letter of credit to the issuer of the letter of credit, the security shall be released by written notice sent by certified mail to the subdivider and issuer of the letter of credit within 30 days of the acceptance of the work by the City Council. The written notice shall contain a statement that the work for which the security was furnished has been performed or completed and accepted by the City Council, a description of the project subject to the letter of credit and the signature of the authorized representative of the City Council. The release shall not apply to any required guarantee and warranty period required by Government Code Section 66499.9 for the guarantee or warranty nor to the amount of the security deemed necessary by the City for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. The City Council shall not release the letter of credit unless and until the subdivider furnishes to the City a warranty security of no less than 10% of the total contract price in a form acceptable to the City.

• C. Security securing the payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, after passage of the time within which claims of lien are required to be recorded pursuant to Civil Code Section 8410 et seq., and after acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the City Council, and if no claims have been recorded, the security shall be released in full.

• (Ord. 171 § 1, 2007; Ord. 247 § 53, 2013)

• A. Monuments shall be set for each tract and parcel map in accordance with the provisions of the Subdivision Map Act and in accordance with the rules and procedures approved by the Director.

• B. The agreement referred to in Section 7.12.030 shall be accompanied by security in a sum not less than the cost of setting such monuments.

• (Ord. 171 § 1, 2007)

The Director is authorized to grant an extension of time to the agreement as specified in Section 7.12.030 if, in the Director's opinion, a delay in the completion of the improvements is justified and the delay will not cause substantial inconvenience to the general public. (Ord. 171 § 1, 2007)

• A. Definitions. For purposes of this section, the following words and phrases shall have the meaning set forth below:

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City of Lake Forest, CA § 7.12.060

LAKE FOREST CODE

§ 7.12.065

"City Council" means the City Council of the City of Lake Forest and shall also include the Orange County Board of Supervisors for any improvement agreement executed prior to the incorporation of the City and which improvement agreement covers territory within the City limits.

"Improvement agreement" means any agreement between the City, or Orange County prior to the incorporation of the City, and a subdivider pursuant to Government Code Section 66411.1 or 66462 providing for the construction of public improvements.

"Subdivider" means the subdivider and includes any successor thereto.

• B. Extension of Subdivision Improvement Agreements. Whenever the City Council has approved a subdivision improvement agreement in accordance with Government Code Section 66411.1 or 66462, the City Council authorizes and delegates to the City Engineer the authority to extend the expiration date of such improvement agreement if all the following circumstances are met:

  1. The subdivider files a written application with the City requesting such extension.

  2. The subdivider submits acceptable written evidence to the City Engineer demonstrating to the City Engineer's satisfaction that both the faithful performance and labor and materials payment subdivision bonds are current and valid and will remain so throughout any extension granted by the City Engineer, inducing any substitution of securities therefor.

  3. The subdivider submits evidence to the City Engineer demonstrating diligent pursuit of the agreed upon improvements.

  4. The subdivider executes a written amendment to the improvement agreement authorizing such extension and stating the length/term of such extension.

  5. Any extension is not longer than a 12 month interval.

  6. The City Engineer finds that such extension is in the best interests of the City.

• C. Delegation to City Engineer Authority for Reduction of Performance Securities. Whenever a subdivider is required to deposit with the City securities for faithful performance under an Improvement Agreement, the subdivider may request a partial reduction of such security when a segregable and usable portion of such work or facility is complete. The City Council authorizes and delegates to the City Engineer the authority to approve such partial reductions under the following conditions:

  1. Any single reduction shall not exceed 25% of the total original security given for faithful performance.

  2. The sum total of all security reductions does not reduce the remaining performance security below that required to guarantee the completion of the work.

  3. A partial reduction of performance security does not constitute acceptance of such partially completed improvement until final release of the performance security and acceptance by the City Council of the entire improvement.

• (Ord. 171 § 1, 2007)

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City of Lake Forest, CA

SUBDIVISIONS

§ 7.12.065

§ 7.12.065

The necessity for improvement security and the related requirements shall be governed by the following regulations:

• A. Requirement for Improvement Security. If all required improvements, engineering, and inspection are not satisfactorily completed before the final map is approved, the owner or owners of the subdivision shall, prior to the approval of the final map, enter as contractor into an agreement with the City whereby, in consideration of the acceptance by the City of the streets, easements, and any other land offered for dedication, the contractor agrees to furnish the equipment, labor, and material necessary to complete the work within the time specified in the agreement.

• (Ord. 171 § 1, 2007)

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City of Lake Forest, CA

SUBDIVISIONS

§ 7.14.010

§ 7.14.020