§ 20.10

As a requirement of approval of a subdivision map, a subdivider shall make provisions for dedication of necessary public rights-of-way and necessary easements within or adjacent to the subdivision as required by the Planning Commission or the Zoning Administrator in accordance with the design standards of this part. The dedication requirements shall not be waived unless the Planning Commission or the Zoning Administrator finds that such dedication will not be necessary for present or future usage.

(ORD-23-0051 § 1(Exh. A), 2023)

Where it is in the interest of public safety or welfare to limit the access to any street or highway, the City may waive direct access rights to such street or highway. In these cases, access restrictions shall be shown on the final map. Access rights to certain street classifications can be abandoned with the final map, or separate instrument except at locations as approved by the Planning Commission in accordance with Title 14 of the Municipal Code.

(ORD-23-0051 § 1(Exh. A), 2023)

20.10.030 - Public access to public resources.

A.

In the event that a proposed subdivision is fronting upon the coastline or is traversed by any minor watercourse, channel, stream, or creek, the subdivider shall dedicate or make an irrevocable offer to dedicate a public access to such resources in accordance with the provisions of the current Subdivision Map Act. Such tentative subdivision map shall not be approved unless the Planning Commission or the Zoning Administrator finds that there is a public access by fee or by easement from a public right-of-way to land below the ordinary high tide level on any ocean coastline or bay shoreline or the bank of the water within or at a reasonable distance from the subdivision.

B.

In making the determination of what shall be reasonable public access, the Planning Commission or the Zoning Administrator shall consider:

1.

That access may be by highway, walking trail, bikeway, or any other means of travel;

2.

The size of the subdivision;

3.

The type of coastline or shoreline and the various appropriate recreational, educational, and scientific uses, including, but not limited to, diving, sunbathing, surfing, walking, swimming, fishing, beachcombing, taking of shellfish, and scientific exploration; and

4.

The likelihood of trespassing on private property and reasonable means of avoiding such trespasses.

(ORD-23-0051 § 1(Exh. A), 2023)

A.

As a condition of approval of a subdivision map, the subdivider shall improve or agree to improve public and private rights-of-way and perform land development works as required in these regulations. Improvements shall be installed or provided to the satisfaction of the Director of Public Works in accordance with the standard specifications prepared by the Director of Public Works. Such specifications shall be furnished to the subdivider. As a general rule, public and private rights-of-way improvements shall be performed after the installation of underground utilities to minimize disruption to area circulation.

B.

The subdivider may be relieved from up grading existing improvements to current standards if such improvements are in good condition and failure to perform such upgrading would not be detrimental to public health, safety, or welfare, as determined by the Planning Commission or the Zoning Administrator.

C.

No improvements shall be required beyond those required in the approval of the tentative map.

(ORD-23-0051 § 1(Exh. A), 2023)

Through the submittal of public improvement plans that are reviewed in conjunction with the final map, the following types of improvements and facilities are verified to be sufficiently detailed to determine consistency with City Engineering Standards and other applicable requirements.

A.

Drainage. Grading, drainage, and drainage structures that are necessary for public safety and the proper use of properties and public rights-of-way.

B.

Public Rights-of-Way. The subdivider shall improve all rights-of-way within or abutting the subdivision, including any existing public rights-of-way and any required modification to existing improvements.

C.

Sanitary Sewers. Each lot shall be provided with a separate sewer line connection to the public sewer. Any necessary sewer facilities shall be constructed as required by the Planning Commission or the Zoning Administrator.

D.

Subsoil Stability. All improvements and actions recommended in the approved soil report (if required) shall be provided to the satisfaction of the Superintendent of Building and Safety.

E.

Fire hydrants and other fire prevention facilities are required.

F.

Utilities. All public utilities, including transmission or distribution lines serving a new subdivision shall be placed underground, except as waived by the Planning Commission or the Zoning Administrator. Support equipment for underground transmission or distribution lines such as, but not limited to, risers and meter assemblies, may be located above ground.

G.

Monuments. Durable survey monuments shall be set in accordance with criteria established by the Director of Public Works and Section 20.08.165.

H.

Street lighting, traffic control devices, name signs, and other street furniture such as benches, bike racks, and bus shelters.

(ORD-23-0051 § 1(Exh. A), 2023)

A.

The subdivider shall furnish all plans necessary to construct the required improvements to the Director of Public Works and Community Development Director or designees prior to approval of the final subdivision map or the certificate of compliance.

B.

Improvement plans shall be prepared by or under the direction of a California registered professional engineer working within the area of expertise.

(ORD-23-0051 § 1(Exh. A), 2023)

20.10.070 - Improvement security—Required.

A.

Any improvements, contract, or act required or authorized under any approval granted, subject to the provisions of this part, not in place prior to approval of the final map shall be secured by one of the following ways to the satisfaction of the Director of Public Works:

1.

Bond or bonds by one (1) or more duly authorized corporate sureties;

2.

To the satisfaction of the Director of Public Works, an instrument of credit from one (1) 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; or

3.

A lien upon the property to be divided, created by contract between the owner and the City, if the City finds that it would not be in the public interest to require the installation of the required improvement sooner than two (2) years after the recordation of the map.

B.

Any written contract of security interest in real property entered into a security for performance pursuant to Subsection A shall be recorded with the County Recorder. From the time of recordation of the written contract or document creating a security interest, a lien shall attach to the real property particularly described therein and shall have the priority of a judgment lien in an amount necessary to complete the agreed to improvements. The recorded contract or security document shall be indexed in the grantor index to the names of all record owners of the real property as specified on the map and in the grantee index to the City which approved the map. The advisory agency may at any time release all or any portion of the property subject to any lien or security interest created herein or subordinate the lien or security interest to other liens or encumbrances, if it determines that security for performance is sufficiently secured by a lien on other property or that the release or subordination of the lien will not jeopardize the completion of agreed upon improvements.

Any such security agreement shall be in substantially the form described in Section 66499 of the Subdivision Map Act.

C.

Final/Tract Map. Subdivision security agreements for final tract maps shall be authorized by the City Council and executed by the City Manager.

D.

Parcel Map. The Director of Public Works is authorized to enter into, and the Director of Public Works shall execute, security agreements for improvements as required in the tentative map.

(ORD-23-0051 § 1(Exh. A), 2023)

20.10.080 - Improvement security—Amount.

Security to guarantee the performance of any act or agreement shall be in the following amounts:

A.

An amount determined by the Director of Public Works, not less than one hundred percent (100%) of the total estimated cost of the improvement or of the act to be performed, conditioned upon the faithful performance of the act or agreement; and

An additional amount determined by the Director of Public Works not less than fifty percent (50%) of the total estimated cost of the improvement or the performance of the required act, securing payment to the contractor, his subcontractors, and to persons furnishing labor, materials, or equipment to them for the improvement or the performance of the required act.

B.

An amount determined by the Director of Public Works necessary for the guarantee and warranty of the work for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done or defective materials furnished.

(ORD-23-0051 § 1(Exh. A), 2023)

The improvement security hereunder shall be released in the following manner:

A.

Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of Subsection B hereof.

B.

The City Council or the Director of Public Works may release a portion of the security in conjunction with the acceptance of the performance of the act or work as it progresses, upon application therefor, by the subdivider; provided, however, that no such release shall be for an amount less than thirty percent (30%) of the total improvement security given for faithful performance of the act or work, and that the security shall not be reduced to an amount less than ten percent (10%) of the total improvement security given for faithful performance until final completion and acceptance of the act or work. In no event shall the City Council or the Director of Public Works authorize a release of the improvement security which would reduce such

security to an amount below that required to guarantee the completion of the act or work and any other obligation imposed by this part, the Subdivision Map Act, or the improvement agreement.

C.

Security securing the payment to the contractor, subcontractors, and 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 legislative body, and if no such claims have been recorded, the security may be released in full.

D.

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

(ORD-23-0051 § 1(Exh. A), 2023)

20.10.100 - Supplemental improvements for drainage, sewerage, bridges, and major thoroughfares.

A.

If the City or the Water Department has adopted a local drainage plan or map as required for the imposition of fees therefor or has established an area of benefit for bridges or major thoroughfares as provided in this Title, the City or the Water Department may impose a reasonable charge on property within the area benefitted and may provide for the collection of said charge as stated herein. The City or the Water Department may enter into reimbursement agreements with a subdivider who constructs said bridges or thoroughfares and the charges collected therefore may be utilized to reimburse the subdivider as herein stated.

B.

Reimbursement Agreements. If the subdivider has installed any supplemental improvements as required by the City, the subdivider shall be reimbursed 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 pursuant to this part.

(ORD-23-0051 § 1(Exh. A), 2023)

CHAPTER 20.12 - TENTATIVE MAPS[[4]]

Footnotes:

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State Law reference— Provisions on maps generally, Gov. Code § 66425 et seq.; provisions on tentative maps, Gov. Code § 66452 et seq.