Menifee Municipal Code Ch. 7.80 Improvements

(A) The subdivider shall construct all required improvements both on-site and off-site in accordance with the standards approved by City Council resolution and applicable city standards as provided by this title. Except as provided herein, the subdivider shall be required to install all improvements that are required as conditions of approval to the tentative map, and to install all improvements that are required by city ordinance or resolution.

(B) The applicant shall pay all impact fees, pursuant to the applicable impact fee ordinances, in the amount that is in effect at the time such fees are due, unless a different amount applies as follows:

(1) Projects subject to a vesting tentative map or vesting tentative parcel map.

(2) Projects subject to a development agreement.

(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)

(A) If the subdivider of a tentative map is required to construct off-site improvements on land in which neither the subdivider nor the city has sufficient title or interest to allow construction, one of the following shall apply:

(1) The subdivider shall acquire all off-site interests in property required and provide written evidence to the city of such acquisition.

(2) If the subdivider, after a good faith effort, is unable to acquire the property, the city shall, within 120 days of filing of the final map, acquire by negotiation or commence condemnation of the land, in substantial compliance with the procedures set forth in Cal. Gov’t Code § 7260, or the city shall waive the condition for the off-site construction.

(B) Notwithstanding division (A) of this section, should the City Engineer find, based on substantial evidence, that the subdivision design incorporates an alternative that would comply with city standards in the absence of the off-site improvement, the acquisition of off-site property shall not be required.

(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)

(A) The approving authority, at its discretion, may approve any request for deferred construction of onsite and off-site improvements for tentative maps at the time of approval of the tentative map. Any improvements that are deferred by the approving authority shall be noted on the final or parcel map, and a deferred improvement agreement shall be filed with the City Engineer prior to or concurrent with the filing of the final map or parcel map.

(B) The City Attorney shall approve the form and content of all deferred improvement agreements prior to the city accepting the document.

(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)

(A) Standards for design and construction of subdivision improvements shall be in accordance with the applicable city standards, the conditions of approval of the tentative map, and the requirements established by the City Engineer.

(B) Public improvement plans shall be acted on by the City Engineer within the time frame set forth in Cal. Gov’t Code § 66456.2, and the projects conditions of approval.

(C) Public improvement plans shall be prepared under the direction of a registered civil engineer and other professionals as required by the City Engineer, and shall be reviewed and approved by the City Engineer, if he or she can make the following findings:

(1) The plans are signed and stamped by a registered civil engineer and all other registered professionals trades as required by the improvement plans (e.g., Geotechnical Engineer, Electrical Engineer, Structural Engineer, Landscape Architect).

(2) The plan designs are consistent with the tentative map, the conditions of approval, and applicable city standards, with the exception of minor errors or incompleteness that do not materially affect the design or the plan constructability thereof.

(3) All reports and studies required to evaluate the facility design and the completeness of the plans have been prepared by a registered civil engineer and have been reviewed and approved by the City Engineer.

(4) All conditions of approval relative to public improvement requirements have been addressed to the satisfaction of the reviewing authority and the City Engineer.

(5) All title and interest has been obtained by the subdivider for off-site property interest, except as otherwise provided for in § 7.70.020(B).

(6) All cost estimates have been approved by the City Engineer, and payment of all applicable fees has been received.

(7) Approval of designs and plans have been obtained from all other applicable agencies.

(D) All improvement plans shall be prepared in accordance with the following city standards:

(1) Those ordinances, policies, and standards in effect at the time the final map is submitted.

(2) Those ordinances, policies, and standards in effect at the time the application for the vesting tentative map is deemed complete. However, the City Engineer may modify those city standards under the following conditions:

(a) When failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.

(b) When needed to comply with state or federal laws.

(c) When, in the opinion of the City Engineer, with the consent of the subdivider, a new standard or requirement is needed which will not materially affect the intent of the subdivider or the conditions of approval. This shall include the adoption of other agency standards for use by the City Engineer.

(E) Approval by the City Engineer of any public improvement plans, or any grading plans that are required as part of the approval of the final map or parcel map, shall expire upon the expiration of any applicable subdivision improvement agreement, or two years from the date the City Engineer approves the plans, whichever is later. Upon expiration of those plans, new approvals from the City Engineer, together with the payment of new plan review fees, shall be required for any portions of the subdivision for which grading and improvements have not been completed.

(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)

Pursuant to the Map Act, if any public improvement required as part of the approval of the subdivision will not be completed and accepted in accordance with § 7.80.060 (Completion of Improvements) prior to approval of the final map, the subdivider, at his or her expense, shall be required to enter into a subdivision improvement agreement with the city to complete such public improvements in accordance with § 7.80.060 (Completion of Improvements). Performance of the agreement shall be guaranteed by the security specified in this section.

(A) The form and content of subdivision improvement agreements shall be approved by the City Attorney. The agreement shall include, but not be limited to, the following minimum terms and conditions:

(1) Construction of all improvements as set forth in the approved plans and specifications.

(2) The maximum period within which all improvements shall be completed to the satisfaction of the City Engineer.

(3) Provisions for inspection of all improvements by the City Engineer and payment of fees by the subdivider for the cost of such inspection and all other incidental costs incurred by the city in enforcing the agreement.

(4) A provision that if the subdivider fails to complete the work within the specified period of time, or any extended period of time that may have lawfully been granted to the subdivider, the city may, at its option, complete the required improvement work and the subdivider and his or her surety shall be firmly bound, under a continuing obligation, for payment of the full cost and expense incurred or expended by the city in completing such work, including interest from the date of notice of the cost and expense until paid.

(5) A provision that, in the event of litigation occasioned by a default of the owner or subdivider, his or her successors or assignees, the owner or subdivider, his or her successors or assignees will pay all costs involved, including reasonable attorneys’ fees, and that the same may be recovered as part of a lien against the real property.

(6) Additional terms or provisions, as may be necessary, pertaining to the forfeiture, collection, and disposition of improvement security upon the failure of the contracting party to comply with the terms and provisions thereof or with the terms and provisions of this title.

(B) Subdivision improvement agreements shall be valid for a period specified in the agreement, but not to exceed two years from the effective date of the agreement. The City Engineer may, in his or her discretion, extend the term of the subdivision improvement agreement. The agreement shall not only bind the present subdivider, but also his or her heirs, successors, executors, administrators, and assignees, so that the obligation runs with the real property. All agreements shall be executed by all those parties executing the final map or parcel map, with all signatures acknowledged before a notary public, and shall be transmitted by the City Clerk to the Riverside County Recorder concurrently with the final map or parcel map. The agreement shall be recorded upon the title of said real property, in the Office of the County Recorder, at the expense of the subdivider.

(C) Improvement securities shall be required to be posted as a guarantee of the performance of any act, improvement, or obligation required as a condition of approval of any final tract map, parcel map waiver, lot line adjustment, or lot merger. The improvement securities required are:

(1) “Performance security” in the amount of 100% of the estimated cost of the improvements plus an additional 10% warranty which shall assure the faithful performance of the agreement including construction of the improvements for a period of one year.

(2) “Payment security" in the amount of 100% of the estimated cost of the improvements which shall assure the payment of the cost of labor, equipment and materials supplied to construct the improvements, and all other matters required by Cal. Civil Code § 9554 or successor provision.

(3) If the improvements include the placement, construction, or movement of survey monuments subject to Cal. Gov’t Code §§ 66495 et seq., "monument security" as required by § 7.40.030.

(D) Performance security shall conform with Subdivision Map Act § 66499 and may be one or more of the following subject to approval by the City Engineer and City Attorney.

(1) A cash deposit with the city or a responsible escrow agent or trust company at the city's option.

(2) Surety bonds, of the form specified in Subdivision Map Act § 66499.2, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version).

(3) FDIC-insured certificates of deposit in the city's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better from a reputable financial institution ranking system.

(4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of division (C)(3), pledging that the funds necessary to carry out the completion of the improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by a creditor of the depositor until released by the city. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of the city and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that the city authorizes its expiration.

(5) A lien upon the subdivided property, if the city finds that it would not be in the public interest to require the installation of the improvements sooner than two years after recordation of the map. The lien shall provide a collateral value of three times the estimated cost of the improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at the subdivider’s expense through an appraisal approved by the city.

(6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least 20% of the financing for the improvements.

(7) For non-profit organizations only, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with the city or in favor of the city, as specified in Cal. Gov’t Code § 16430, deposited, at the city's option, with the city or a responsible escrow agent or trust company.

(8) Any other form of security, including a lien or other security interest in real property, which the City Manager or designee may, in their discretion, allow, provided they determine that it is equivalent to the foregoing forms of security in terms of security and liquidity.

(D) Payment security shall be in the form of a bond executed by an admitted surety insurer and in a form approved by the city and not a deposit in lieu of a bond.

(E) Release of security is subject to the following:

(1) Performance security (excluding the warranty retention) shall be released within 30 days of the final completion and acceptance or approval, by the City Council of the improvements.

(2) The City Engineer may authorize a one-time 50% reduction of performance security (minus the warranty retention) as work progresses, upon application by the subdivider. In no event shall performance security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus 10%.

(3) If the city receives no notice of recorded claims of lien, payment security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the improvements. If the city receives notice of any recorded lien, the provisions of the Subdivision Map Act and other applicable California law shall apply.

(4) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. The warranty period shall not commence until final acceptance of all the work and improvements by the City Council pursuant to the agreement. Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all improvements upon application by the subdivider. However, if at the end of the one-year warranty period, there are one or more outstanding requests by the city for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until the subdivider has made other arrangements satisfactory to the City Engineer.

(5) The city may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees necessary to ensure the subdivider's compliance with the agreement, and all applicable entitlements and laws.

(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019; Am. Ord. 2026-432, passed 4-15-2026)

(A) Public improvements required as a condition of approval shall be completed in accordance with this title, unless they are deferred pursuant to § 7.80.030 (Deferred Improvements). The City Engineer shall review and approve any improvement agreement, conduct an inspection, and approve any constructed public improvement necessary to satisfy this provision, with the City Council providing final approval of any agreement or acceptance of any completed public improvement.

(B) Once begun, public improvements for a final map, or for a parcel map when required, shall be constructed to completion without interruption. The subdivider shall exercise due diligence to ensure that this provision is met to the satisfaction of the City Engineer. Construction and inspection of public improvements shall be governed by city standards and the requirements of any applicable permit.

(C) Notwithstanding any applicable agreement, the ownership of and responsibility for the construction and maintenance of any public improvement is held by the subdivider and shall remain so until such time as the City Council accepts the completed public improvements.

(D) Public park facilities shall be completed in accordance with the provisions of this title and to the satisfaction of the Director of Community Services. The City Council shall provide final approval and acceptance of public park facilities and other fee title interests.

(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019; Am. Ord. 2026-432, passed 4-15-2026)