Chapter 17.60 — IMPROVEMENT PLANS AND AGREEMENTS

This chapter establishes procedures and requirements for the review and approval of improvement plans, the installation of improvements, agreements and guarantees for their installation, and dedications.

(Ord. No. 1869, § 2, 2-20-2013)

After the approval of a tentative map, the subdivider shall diligently proceed to complete any improvements necessary to fulfill the conditions of approval. Improvement shall be defined as any infrastructure including streets, storm drains, sewers and the like. Before the construction of any improvements, the subdivider shall submit plans to the city as follows:

A.

Preparation and Content. Improvement plans shall be prepared by a California registered civil engineer. Improvement plan submittals shall include all items in compliance with the city's design standards and construction specifications.

B.

Submittal of Plans. Improvement plans shall be submitted to the public works director for review and approval. Upon the approval of improvement plans in compliance with subsection C following, the subdivider shall also submit to the public works director a detailed cost estimate of all improvements, based on guidelines provided by the city.

C.

Review and Approval. Improvement plans shall be reviewed and approved by the public works director, within the time limits provided by Map Act Section 66456.2.

D.

Effect of Approval. The final approval of improvement plans shall generally be required before approval of a final map. The approval of improvement plans shall not bind the city to accept the improvements nor waive any defects in the improvements as installed.

(Ord. No. 1869, § 2, 2-20-2013)

Required improvements shall be constructed or otherwise installed:

A.

After the approval of improvement plans in compliance with Section 17.60.020; and

B.

Before the approval of a parcel or final map in compliance with sections 17.54.060 (Parcel Map Approval) or 17.54.100 (Final Map Approval), except where improvements are deferred in compliance with Section 17.60.040 (Improvement Agreements and Security).

(Ord. No. 1869, § 2, 2-20-2013)

Any improvement agreement, contract or act required or authorized by the Map Act, for which security is required, shall be secured in one of the manners provided for in Section 66499 et seq. of the Subdivision Map Act.

A.

Amount of Security.

1.

The improvement security shall be in the amount of one hundred percent of the total estimated cost of the improvements or of the act to be performed, conditioned upon the faithful performance of the act or agreement and an additional security for the security of laborers and material in an amount not less than

fifty percent of the total estimated cost of the improvement or the performance of the required act securing payment to the contractor, subcontractors and the persons furnishing labor and materials or equipment to them for the improvement or the performance of the required act.

2.

If the improvement security is other than a bond or bonds furnished by duly authorized corporate surety, an additional amount shall be included as determined by the city council as necessary to cover the cost and reasonable expenses and fees, including reasonable attorneys' fees, which may be incurred by the city in successfully enforcing the obligation secured.

3.

The improvement security shall also secure faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed ten percent of the original estimated cost of the improvement.

B.

Release of Security. The improvement security required by this section shall be released as follows:

1.

Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work; provided, however, that the public works director may release a portion of the security in conjunction with the acceptance of the performance of the work as it progresses upon application therefore by the subdivider; provided, however, that no more than ninety percent of the value of the work and/or materials actually furnished and installed may be released until final completion and compliance of the act or work.

2.

Security securing the payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment may, after passage of the time within which claims of lien are required to be recorded pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division 3 of the Civil Code and after acceptance of the work, be reduced to an amount not less than the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the council, and if no claims have been recorded, the security may be released in full.

3.

No security given for the guarantee or warranty of work shall be released until the expiration of the period thereof.

(Ord. No. 1869, § 2, 2-20-2013)

A.

A preliminary soils report, prepared by a California-registered civil engineer and based upon adequate test borings, shall be submitted to the public works director for every subdivision.

B.

A preliminary soils report may be waived by the public works director provided that the public works director finds that due to the knowledge the city has as to the soils qualities of the soils in the subdivision, no preliminary analysis is necessary.

C.

If the city has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the community development director. The soils investigation shall be done by a California-registered civil engineer, who shall recommend the corrective action that is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists.

D.

The review authority may approve the subdivision or portion thereof where soils problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed; and a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.

(Ord. No. 1869, § 2, 2-20-2013)

Chapter 17.62 - REIMBURSEMENTS FOR CONSTRUCTION

The council hereby finds and declares as follows:

A.

The construction of new streets and water, sewer, and storm drains often benefits other properties. Benefits may occur through the provision of supplemental capacity (oversize lines) or installations across or opposite unserved property that would be required to make such improvements upon development or service connection.

B.

The state of California, in Government Code Sections 66485 through 66489, requires that the city either pay for or enter into an agreement to reimburse the installing party, including an amount attributable to interest for such installations. To pay the costs as required by the reimbursement agreement, the city may collect funds from the other properties which benefit from such installations.

C.

The city has adopted a development impact mitigation fee ordinance (Municipal Code Chapter 15.64), which provides for reimbursement and collection of funds from benefitting parcels under only a portion of the circumstances described in subsection A.

D.

The purpose of Chapter 15.64 is to identify the improvements which are reimbursable under the development impact mitigation fee program and to provide a uniform reimbursement procedure for the cost of improvements which are to be reimbursed from other properties. For purposes of this article, "applicant" means the owner of the property for which the improvements are being installed or are required to be installed per the municipal code.

(Ord. No. 1883, § 2, 9-4-2013)

Editor's note— Ord. No. 1883, § 2, adopted September 4, 2013, repealed the former § 17.62.010, and enacted a new § 17.62.010 as set out herein. The former § 17.62.010 pertained to similar subject matter and derived from Ord. No. 1869, adopted February 20, 2013.

A.

The cost of the following improvements shall be reimbursed from the appropriate benefitting parcels. The terms of the reimbursement shall comply with Chapter 15.64.

1.

Oversize water mains and major crossings required per Chapter 13.08;

2.

Oversize sewers and storm drains required per Chapter 13.12;

3.

Excess width street construction and right-of-way required per Chapter 15.44 and 17.50.030;

B.

The cost of other improvements which benefit other property or would be required of that property upon development shall be reimbursed in compliance with this article.

(Ord. No. 1883, § 2, 9-4-2013)

Editor's note— Ord. No. 1883, § 2, adopted September 4, 2013, repealed the former § 17.62.020, and enacted a new § 17.62.020 as set out herein. The former § 17.62.020 pertained to similar subject matter and derived from Ord. No. 1869, adopted February 20, 2013.

Whenever the city constructs improvements meeting the requirements of this article, the city shall be eligible for reimbursement in a like manner as other applicants.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Whenever an applicant constructs improvements eligible for reimbursement under this article, the applicant shall file a request with the public works director. The request shall include:

1.

A description of the improvements and the additional properties receiving the benefit, including drawings showing the items for reimbursements;

2.

Engineering calculations and data as described in the city's public improvement design standards;

3.

An itemized record of cost for the improvements; and

4.

Application fees as determined by the city's fee resolution.

B.

All applications for reimbursement shall be filed no later than one year after the acceptance of the improvements by the city. The city will make no effort to delay project approval or otherwise condition payment of reimbursements from other properties benefitting from the improvements prior to completion of a reimbursement agreement.

(Ord. No. 1869, § 2, 2-20-2013)

17.62.050 - Reimbursement agreement.

A.

Within sixty days of receipt of a completed application, the public works director shall prepare a reimbursement agreement containing the following provisions:

1.

The amount of reimbursable costs shall include construction costs less any applicable credits plus ten percent for administrative and engineering costs. Applicable public works fees shall also be added. Costs of financing, bonds or other applicant costs shall not be included.

2.

The total reimbursable cost shall be apportioned to the benefiting properties as appropriate. Costs of transitions, utility stubs or other minor work shall not be apportioned to adjacent property.

3.

The reimbursable amount shall be recalculated annually to include an amount attributable to interest, using the Engineering News Record 20 Cities Construction Cost Index as of the end of the year. The reimbursable amount for subsequent years shall be the prior year reimbursable amount less any reimbursements made during the year, all multiplied by the percentage change in the Index over the year.

4.

The agreement shall provide that the city will collect the appropriate charge from the properties identified in the agreement and reimburse the applicant or the applicant's heirs, successors or assigns, for a period of fifteen years from the date of the agreement only. Reimbursement agreements to recover funds advanced by city for projects shall expire after fifteen years; reimbursement charges will not be collected after that time.

5.

Prior to approval of the reimbursement agreement, the council shall conduct a public hearing. The hearing shall be conducted within ninety days of receipt of the completed application. The applicant and property owner of each parcel identified in the reimbursement agreement shall be notified of the hearing by registered mail at least ten calendar days prior to the hearing.

B.

The reimbursement agreement shall be numbered and filed by the public works director.

(Ord. No. 1869, § 2, 2-20-2013)

A.

For any property on which the council has approved a public improvement reimbursement agreement, the appropriate charge shall be collected by the city upon development. Development shall mean any of the following:

1.

Service connection to the utility covered by the reimbursement agreement;

2.

Filing of a final map;

Filing of a parcel map unless the city requirement for installation of public improvements is waived or deferred; or

4.

Issuance of a building permit.

B.

In the event the activity described in subsection A only occurs on a portion of the area covered by the reimbursement agreement, the reimbursement charge shall be apportioned by the public works director and the appropriate charge made upon the developing portion.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Upon collection of reimbursement charges, the public works director shall prepare a letter of entitlement stating the amount of the charge collected, reference the agreement number and administrative charge to be retained by the city. The letter shall be forwarded to the finance director for actual reimbursement.

B.

The administrative fee for collecting the charge and mailing the reimbursement shall be determined by the council.

C.

The finance director shall mail the reimbursement amount to the last address of the applicant on file with the finance director.

D.

Any reimbursement amount returned or unclaimed after two years from the date of mailing shall be deposited in the appropriate development impact mitigation fee fund.

(Ord. No. 1869, § 2, 2-20-2013)

Chapter 17.64 - SURVEYS AND MONUMENTS

This chapter provides requirements for subdivision survey work and the placement of subdivision monuments.

(Ord. No. 1869, § 2, 2-20-2013)

The procedure and practice of all survey work done on any subdivision, whether for preparation of a final map or parcel map shall conform to the standard practices and principles of land surveying, the California Land Surveyor's Act, and the provisions of this article. All related documents shall be executed by a registered civil engineer licensed to practice land surveying in California, or a California-licensed land surveyor.

A.

Traverse. The traverse of the exterior boundaries of the subdivision computed from field measurements of the ground must close within a limit of error of one foot to ten thousand feet of perimeter before balancing the survey.

B.

Field Notes. When required by the public works director, the engineer or surveyor making the survey shall prepare complete field notes, in a form satisfactory to the public works director, showing references, ties, locations, elevations and other necessary data relating to monuments, set in compliance with these regulations, and shall submit the notes to the public works director to be indexed and retained as a part of the permanent public record of his office.

C.

Geodetic Monuments. Whenever the public works director has established a system of coordinates which is within a reasonable distance of the subdivision boundary, as determined by the public works director, the field survey shall be tied into the city's monument system.

(Ord. No. 1869, § 2, 2-20-2013)

In surveying a subdivision, the engineer or surveyor shall set sufficient permanent monuments so that any part of the survey may be readily retraced. Survey monuments shall be set by the engineer or surveyor for all new subdivisions requiring a parcel map or final map (Division 16-122, Subdivision Map Approval Requirements), unless waived by the Public Works Director, in compliance with this section.

A.

Boundary Monuments.

1.

Boundary monuments shall be set on the exterior boundary of the subdivision at all corners, angle points, beginnings and ends of curves and at intermediate points approximately one thousand feet apart. The locations of inaccessible points may be established by ties and shall be so noted on the final map or parcel map.

2.

All exterior boundary monuments shall be set prior to recordation of the final map or parcel map or as certified on the final map or parcel map.

B.

Interior Monuments. Whenever interior monuments are required, the monuments shall be set in compliance with the city of Lodi public works department public improvement design standards, or as otherwise required by the public works director.

C.

Monument Type and Positioning. All monuments set in the course of the survey shall be as specified by the public works director and shall be set to the depth and in the manner prescribed by the public works director in the public improvement design standards.

D.

Identification Marks. All monuments shall be permanently and visibly marked or tagged with the registration or license number of the engineer or surveyor who signs the engineer's or surveyor's certificate and under whose supervision the survey is made.

E.

Replacement of Destroyed Monuments. Any monument which is disturbed or destroyed before acceptance of all improvements by the city shall be replaced by the developer.

F.

Timing of Monument Installation. The timing of the installation of a monument shall be in compliance with the Map Act (Section 66496).

G.

Notice of Completion. Within five days after all monuments have been set, the engineer or surveyor shall give written notice to the developer and the public works director that the final monuments have been set. Verification of payment to the engineer or surveyor shall be filed as required by the Map Act (Article 9, Chapter 4). The cost of setting monuments shall be included in the engineer's estimate for improvements in compliance with Section 17.60.040 (Improvements Agreements and Security).

H.

Inspection and Approval. All monuments shall be subject to the inspection and approval of the public works director.

(Ord. No. 1869, § 2, 2-20-2013)

The following survey information shall be shown on each final map or parcel map for which a field survey was made in compliance with this article:

A.

Stakes, monuments (together with their precise position and description) or other evidence found on the ground, to determine the boundaries of the subdivision;

B.

Corners of all adjoining properties identified by lot and block numbers, subdivision names, numbers and pages of record, or by section, township and range, or other proper designation;

C.

The location and description of any required monuments to be set after recordation of the final map, and the statement that they are "to be set";

D.

Bearing and length of each lot line, block line and boundary line and each required bearing and distance;

E.

Length, radius, and angle of each curve and the bearing of each radial line to each lot corner on each curve;

F.

The centerlines of any street or alley in or adjoining the subdivision which have been established by the public works director, together with reference to a field book or map showing the centerline and the monuments which determine its position. If determined by ties, that fact shall be so stated; and

G.

Any other survey data or information as may be required to be shown by the public works director or by the provisions of this article.

(Ord. No. 1869, § 2, 2-20-2013)

ARTICLE 6. - DEVELOPMENT CODE ADMINISTRATION Chapter 17.66 - ADMINISTRATIVE RESPONSIBILITY

This chapter describes the authority and responsibilities of city staff and official bodies in the administration of this development code, in addition to the council.

(Ord. No. 1869, § 2, 2-20-2013)

The functions of a Planning Agency shall be performed by the Lodi city council, planning commission, site plan and architectural review committee, community development director, and community development

department, in compliance with state law (Government Code Sections 65100, et seq.)

(Ord. No. 1869, § 2, 2-20-2013)

The Lodi city council, in matters related to the city's planning process, shall perform the duties and functions identified in this development code and shall be referred to as the "council."

(Ord. No. 1869, § 2, 2-20-2013)

17.66.040 - Planning commission.

A.

Establishment. The seven-member Lodi planning commission is established by Section 2.16.010 (Establishment) of this code and shall be referred to in this development code as the "commission."

B.

Appointment. The members of the commission are appointed by the mayor with the consent of the council in compliance with Section 2.16.020 (Appointment) of the municipal code.

C.

Rules. The commission shall adopt rules of order and procedure in compliance with Section 2.16.030 (Officers, Rules, Powers and Duties) of the municipal code.

D.

Terms of Office. The terms of office of the members of the commission shall be for four years from their respective dates of appointment in compliance with Section 2.16.040 (Terms of Office) of the municipal code.

E.

Authority and Duties. The commission shall have the authority to perform the duties and functions established by Section 2.16.030 (Officers, Rules, Powers and Duties) of the municipal code and shall perform the duties and functions identified in this development code.

(Ord. No. 1869, § 2, 2-20-2013)

17.66.050 - Site plan and architectural approval committee (SPARC).

A.

Establishment. The Lodi Site plan and architectural approval committee is hereby established and shall be referred to in this development code as the "SPARC."

B.

Appointment. The SPARC members shall be appointed by the mayor with the consent of the council.

C.

Membership. The SPARC shall consist of four members, appointed as identified above, and one member appointed by the commission from among its membership. Each shall be appointed to a four-year term. Commission member is vice-chairman on a rotating basis.

D.

Authority and Duties. The SPARC shall have the authority to assist the commission in reviewing site plans and architectural drawings and shall perform the duties and functions identified in this development code.

(Ord. No. 1869, § 2, 2-20-2013)

17.66.060 - Community development director.

A.

Appointment. The community development director shall be appointed by the city manager and shall be referred to in this development code as the "director." Whenever the term director is used in this development code, it shall be understood to include the phrase "or designee."

B.

Duties and Authority. The director shall:

1.

Have the responsibility to perform all of the functions designated by state law (Government Code Section 65103 (Planning Agency Functions));

2.

Have the responsibility and authority to take action on applications for all administrative permits and approvals issued by the department;

3.

Perform other responsibilities assigned by the city manager; and

4.

Perform the duties and functions identified in this development code, including the initial review of land use applications, in compliance with state law (Government Code Sections 65901 et seq.), Section 17.38.020 (Authority for Land Use and Zoning Decisions), Table 4-1 (Review Authority), the California Environmental Quality Act (CEQA), and the Lodi Environmental Review Guidelines.

C.

Delegation and Supervision. The director may delegate the responsibilities of the director to assigned department staff under the supervision of the director. When the director designates a department staff person, the staff person shall perform the duties assigned by the director in addition to those listed in subsection B above, as appropriate to the personnel title of the designee.

(Ord. No. 1869, § 2, 2-20-2013)