§ 17.32

A.

The subdivider shall construct all required improvements both on- and off-site according to approved standards.

B.

No final map shall be presented to the council or parcel maps to the city engineer for approval until the subdivider either completes the required improvements, or enters into an agreement with the city agreeing to do such work.

(Ord. 635 N.S. § A (part), 1983)

A.

General Requirements.

1.

All improvements as may be required as conditions of approval of the tentative map or city ordinance, together with but not limited to, the following shall be required of all subdivisions.

2.

Requirements for construction of on-site and off-site improvements for subdivisions of four or less parcels shall be noted on the parcel map, or waiver of parcel map or the subdivision improvement agreement recorded prior to or concurrent with the parcel map.

3.

Completion of improvements shall be in accordance with Sections 17.32.260 and 17.32.270 of this chapter.

B.

Storm Drainage. Stormwater runoff from the subdivision shall be collected and conveyed by an approved storm drain system. The storm drain system shall be designed for ultimate development of the watershed. The storm drain system shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in runoff attributed to the development; off-site storm drain improvements may be required to satisfy this requirement.

C.

Sanitary Sewers. Each unit or lot within the subdivision shall be served by an approved sanitary sewer system.

D.

Water Supply. Each unit or lot within the subdivision shall be served by an approved domestic water system.

E.

Utilities.

1.

Each unit or lot within the subdivision shall be served by gas (if required), electric, telephone and cablevision facilities. All utilities within the subdivision and along peripheral streets shall be placed underground except those facilities exempted by the Public Utilities Commission regulations.

2.

For subdivision of five or more parcels, the developer may appeal the undergrounding requirement along peripheral streets to the city council. Such appeal shall be in accordance with Sections 17.20.130 through 17.20.160 of this title. The appeal shall be accompanied by an estimate from each utility company for the approximate cost per linear foot and total cost to underground its facilities along the peripheral street. The developer shall pay all fees as may be charged by each utility company to make the required estimate.

3.

The city council may, at its discretion, accept a fee in lieu of the undergrounding of existing facilities along peripheral streets. The amount of fee shall not be less than the amount established by the city engineer for

the normal cost of undergrounding of existing utilities along residential streets. In-lieu fees shall be deposited in a special undergrounding account to be used as approved by the city council for future under grounding of utilities through the city.

4.

For subdivisions where the ultimate development potential is four or fewer lots, undergrounding is not required for fully developed properties and for partially developed or undeveloped properties, the underground requirements may be waived or modified by the city engineer upon finding:

a.

The subdivision is within an area where existing utilities have not been undergrounded;

b.

Overhead utilities will have no significant visual impact.

5.

If the undergrounding requirement is waived as allowed by the findings set out in subsections (E)(4)(a) and (E)(4)(b) of this section, the in lieu fee as established by the city engineer shall be paid.

(Ord. 1323 N.S. § 2, 1997; Ord. 635 N.S. § A (part), 1983)

The design and layout of all required improvements both on- and off-site, private and public, shall conform to generally acceptable engineering standards and to such standards as are approved by the city engineer.

(Ord. 635 N.S. § A (part), 1983)

17.32.040 - Design—Energy conservation.

A.

The design of a subdivision for which a tentative map is required, pursuant to Chapter 17.16 of this title, shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

B.

Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure.

C.

Examples of passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

D.

In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be subdivided, and to other design and improvement requirements, and such provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed.

E.

The requirements for this chapter do not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added.

F.

For the purpose of this chapter, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

(Ord. 635 N.S. § A (part), 1983)

17.32.050 - Design—Access.

A.

The subdivision shall abut upon or have an approved access to a public street.

B.

Each unit or lot within the subdivision shall have an approved access to a public or private street.

C.

Street layout shall be designed to provide for future access to, and not impose undue hardship upon, property adjoining the subdivision.

D.

Reserve strips, or non-access at the end of streets or at the boundaries of subdivisions, shall be dedicated unconditionally to the city when required.

(Ord. 635 N.S. § A (part), 1983)

A.

Improvement plans shall be prepared under the direction of and signed by a registered civil engineer licensed by the state.

B.

Improvement plans shall include but not be limited to grading, storm drains, landscaping, streets and related facilities.

(Ord. 635 N.S. § A (part), 1983)

A.

Plans, profiles and details shall be legibly drawn, printed or reproduced on twenty-four-inch by thirty-sixinch sheets. The blank sheets shall be provided by the city.

B.

Plan and profiles shall be drawn to the scale of one inch equals forty feet or larger unless approved by the city engineer. Details shall be drawn to such scale that clearly shows the facility being constructed. The scales for various portions of the plans shall be shown on each sheet.

C.

A vicinity map shall be shown on the first sheet of all sets of plans.

D.

A north arrow shall be shown on each sheet when applicable.

E.

Plans shall be laid out to orient north to the top or right edge of the sheet unless approved otherwise by the city engineer.

F.

All lettering shall be one-eighth-inch minimum.

G.

If the plans include three or more sheets, a cover sheet showing the streets, lots, easements, storm drains, index and vicinity map shall be included.

H.

The form of all plans shall conform to such additional requirements as may be established by the city engineer. The final form of all plans shall be as approved by the city engineer.

(Ord. 635 N.S. § A (part), 1983)

A.

The improvement plans shall show complete plans, profiles and details for all required improvements to be constructed, both public and private (including common areas).

B.

Reference may be made to the city's or state's standard plans in lieu of duplicating the drawings thereon.

(Ord. 635 N.S. § A (part), 1983)

Hydrology, hydraulic plans and calculations, bond estimates and any structural calculations as may be required, shall be submitted with the improvement plans to the city engineer. All calculations shall be legible, systematic and signed and dated by a registered civil engineer licensed by the state and in a form as approved by the city engineer.

(Ord. 635 N.S. § A (part), 1983)

The subdivider shall submit two sets of improvement plans and two copies of all computations to the city engineer for review. Upon completion of his review, one set of the preliminary plans, with the required revisions indicated thereon, will be returned to the subdivider's engineer.

(Ord. 635 N.S. § A (part), 1983)

A.

After completing all required revisions, the subdivider's engineer shall transmit the originals of the improvement plans to the city engineer for his signature.

B.

Upon finding that all required revisions have been made and that the plans conform to all applicable city ordinances, and conditions of approval of the tentative map, the city engineer shall sign and date the plans. The originals shall be retained by the city and a reproducible copy sent to the subdivider's engineer.

C.

Approval by the city engineer shall in no way relieve the subdivider or his engineer from responsibility for the design of the improvements and for any deficiencies resulting from the design thereof or from any required conditions of approval for the tentative map.

(Ord. 635 N.S. § A (part), 1983)

Requests by the subdivider or the engineer for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the city engineer and shall be accompanied

by two sets of revised drawings showing the proposed revision. If the revision is acceptable, the reproducible copies shall be submitted to the city engineer's office for initialing. The copies shall be returned to the subdivider's engineer. Construction of any proposed revision will not be permitted to commence until revised plans have been signed by the city.

(Ord. 635 N.S. § A (part), 1983)

When revisions are deemed necessary by the city engineer to protect public health and safety, or as field conditions may require, a request in writing shall be made to the subdivider and his engineer. The subdivider's engineer shall revise the reproducible copies and transmit the copies to the city engineer for initialing within such time as specified by the city engineer. Construction of all or any portion of the improvements may be stopped by the city engineer until revised drawings have been signed by the city.

B.

The subdivider may appeal revisions required by the city engineer to the city council by filing an appeal with the city clerk within two working days following receipt of the request to revise the plans.

(Ord. 635 N.S. § A (part), 1983)

17.32.140 - Deferred improvement agreements—Subdivisions of four or less parcels.

A.

The frontage improvements along existing peripheral streets may be deferred when deemed necessary by the planning commission. Deferral may be allowed when the city engineer finds that construction is impractical due to physical constraints, or the surrounding neighborhood is absent of similar improvements. When improvements are deferred, the subdivider shall enter into an agreement with the city for the installation of all frontage improvements at such time in the future as required by the city. The agreement shall provide:

1.

Construction of such improvements shall commence within ninety days of the receipt of the notice to proceed from the city;

2.

In event of default by the owner, his successors or assigns, the city is authorized to cause such construction to be done and charge the entire cost and expense to the owner, his successors or assigns, including interest from the date of notice of such cost and expense until paid;

3.

This agreement shall be recorded in the office of the county recorder at the expense of the owner and shall constitute notice to all successors and assigns of the title to such real property of the obligation herein set

forth, and also a lien in such amount as will fully reimburse the city, including interest as herein above set forth, subject to foreclosure in event of default in payment.

4.

In the event of litigation occasioned by any default of the owner, his successors or assigns, the owner, his successors or assigns agree to pay all costs involved, including reasonable attorney's fees, and that the same shall become a part of the lien against such real property.

5.

The term "owner" includes not only the present owner but also his heirs, successors, executors, administrators and assigns, it being the intent of the parties hereto that the obligations herein undertaken shall run with the real property and constitute a lien there against.

B.

The agreement shall not relieve the owner from any other requirements specified herein. The construction of deferred improvements shall conform to the provisions of this title and all applicable sections of this code in effect at the time of construction.

(Ord. 635 N.S. § A (part), 1983)

For a designated remainder parcel described in this title, the fulfillment of construction requirements for improvements shall not be required until a permit or other grant of approval for development of the remainder parcel shall be issued by the city or until the construction of the improvements is required pursuant to an agreement between the subdivider and the city, or until a certificate of compliance is required. In the absence of that agreement, the city may require fulfillment of the construction requirements within a reasonable time following approval of the final map and prior to issuance of a permit or other grant of approval for the development of a remainder parcel upon the finding of the city that fulfillment of the construction requirements is necessary for reasons of:

A.

The public health and safety; or

B.

The required construction is a necessary prerequisite to the orderly development of the surrounding area.

A designated remainder may subsequently be sold without any further requirement for the filing of a parcel map or a final map, although the city may require a certificate of compliance or a conditional certificate of compliance with which improvements designated by the city engineer are mandatory.

(Ord. 1143 N.S. § 39, 1993)

17.32.160 - Improvement agreement—Preparation—Contents.

The agreement shall be prepared and signed by the city engineer and approved as to form by the city attorney. The agreement shall provide for:

A.

Construction of all improvements per the approved plans and specifications;

B.

Completion of improvements within the time specified by Section 17.32.260 of this chapter;

C.

Right by city to modify plans and specifications;

D.

Warranty by subdivider that construction will not adversely affect any portion of adjacent properties;

E.

Payment of inspection fees in accordance with the city's resolution establishing fees and charges.

F.

Payment of in-lieu fees for undergrounding of utilities on peripheral streets; payment of in-lieu fees for park dedication;

G.

Payment of drainage fees;

H.

Improvement security as required by this chapter;

I.

Maintenance and repair of any defects or failures and causes thereof;

J.

Release of the city from all liability incurred by the development and payment of all reasonable attorney's fees that the city may incur because of any legal action arising from the development;

K.

Any other deposits, fees or conditions as required by city ordinance or resolution and as may be required by the city engineer;

L.

Reimbursement of provisions, if applicable, as further addressed in Section 17.32.165 below.

(Ord. 1604 N.S. § 1, 2003; Ord. 635 N.S. § A (part), 1983)

Whenever an applicant is required, as a condition of approval for a development permit, to construct any facility or improvement (or a portion thereof) which facility or improvement is determined by the city to exceed the need directly attributable to and reasonably related to the given development project, a reimbursement provision shall be offered to the applicant. The provision shall govern reimbursements for actual construction costs, and shall be applied with respect to that portion of the improvement or facility which exceeds the need therefor caused by the development.

(Ord. 1604 N.S. § 2, 2003)

A.

Any improvement agreement, contract or act required or authorized by the Subdivision Map Act, for which security is required, shall be secured in accordance with Section 66499 of the Government Code of the state, and as provided herein. The form of performance bonds shall be as described in Section 66499.1 of the Subdivision Map Act or a substitute prescribed by the city engineer. The form of labor and material bond shall be as described in Section 66499.2 of the Subdivision Map Act or a substitute prescribed by the city engineer. The amounts of performance and labor and materials bonds shall be as described in Section 66493 of the Subdivision Map Act.

B.

No final map or parcel map shall be signed by the city engineer or recorded until all improvement securities required by this chapter have been received and approved.

(Ord. 1143 N.S. § 40, 1993; Ord. 635 N.S. § A (part), 1983)

A.

The form of security shall be one or the combination of the following at the option and subject to the approval of the city:

1.

Bond or bonds by one or more duly authorized corporate sureties;

2.

A deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the city, or money or negotiable bonds of the kind approved for securing deposits of public moneys;

3.

An instrument of credit or a set aside letter from one 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.

B.

The provisions of the bond or bonds shall be in accordance with Sections 66499.1 and 66499.2 of the State Subdivision Map Act.

(Ord. 635 N.S. § A (part), 1983)

A.

A performance bond or security in the amount of one hundred percent of the estimated construction cost to guarantee the construction or installation of all improvements shall be required of all subdivisions. An additional amount of one hundred percent of the estimated construction cost shall be required to guarantee the payment to the subdivider's contractor, subcontractors and to persons furnishing labor, materials or equipment for the construction or installation of improvements.

B.

If a set aside is used as security, an additional twenty percent of the estimated construction cost will be required in addition to the one hundred fifty percent as stated in subsection A of this section.

C.

The estimate of improvement costs shall be as approved by the city engineer and shall provide for:

1.

Not less than five percent nor more than ten percent of the total construction cost for contingencies;

2.

Increase for projected inflation computed to the estimated midpoint of construction;

3.

All utility installation costs or a certification acceptable to the city engineer from the utility company that adequate security has been deposited to insure installation;

4.

In addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorney's fees, incurred in enforcing the obligation secured.

(Ord. 1228 N.S. § 18, 1995; Ord. 635 N.S. § A (part), 1983)

The developer shall deposit with the city not less than one thousand dollars cash for subdivisions of four or less parcels, and three thousand dollars for other subdivisions, or such additional amount as required by the city engineer, not to exceed one percent of the construction cost. The deposit may be used at the discretion of the city to correct deficiencies and conditions caused by the subdivider or his contractor that may arise during or after the construction of the subdivision. Any unexpended amount will be returned to the developer at the time all bonds are released.

(Ord. 635 N.S. § A (part), 1983)

Upon acceptance of the subdivision improvements by the city council, the subdivider shall provide security in the amount as required by the city engineer to guarantee the improvements throughout the warranty period. The amount of the warranty security shall be not less than fifty percent of the cost of the construction of the improvements, including the cash bond which shall be retained for the one-year warranty period. In hillside areas, the warranty security shall be not less than one hundred percent of the construction cost of improvements.

(Ord. 635 N.S. § A (part), 1983)

The city engineer may authorize in writing the release of a portion of the security in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work progresses upon application by the subdivider, but in no case shall the security be reduced to less than fifty percent of the total improvement security given for faithful performance. The amount of reduction of the security shall be as determined by the city engineer; however, in no event shall the city engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by this title, the Subdivision Map Act, or the improvement agreement.

(Ord. 635 N.S. § A (part), 1983)

A.

The performance security shall be released only upon acceptance of the improvements by the city and when an approved warranty security has been filed with the city engineer.

B.

Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials and equipment shall, after passage of the time within which claims of lien are required to be recorded pursuant to Article III (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV, Division 3 of the Civil Code, 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 such claims have been recorded, the securities shall be released in full.

C.

The warranty security shall be released upon satisfactory completion of the warranty period provided:

1.

All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected;

2.

Not less than twelve months have elapsed since the acceptance of the improvements by the city council.

(Ord. 1143 N.S. § 41, 1993; Ord. 635 N.S. § A (part), 1983)

When the city imposes a condition of approval of a tentative map or a parcel map, a requirement that necessitates replacing, undergrounding or permanently or temporarily relocating existing facilities of a telephone corporation or cable television system, the developer or subdivider shall reimburse the telephone corporation or cable television system for all costs for the replacement, undergrounding or relocation. All these costs shall be billed after they are incurred and shall include a credit for any required advance payments and for the salvage value of any facilities replaced. In no event shall the telephone corporation or cable television system be reimbursed for costs incurred in excess of the cost to replace the facilities with substantially similar facilities.

(Ord. 1143 N.S. § 42, 1993)

A.

The construction methods and materials for all improvements shall conform to the standard specifications of the city as adopted by council resolution. The general provisions of the city's standard specifications shall apply to the developer where applicable.

B.

Construction shall not commence until required improvement plans have been approved by the city engineer.

(Ord. 635 N.S. § A (part), 1983)

A.

General Regulations. All improvements are subject to inspection by the city engineer or authorized personnel in accordance with the city's standard specifications.

B.

Preconstruction Conference. Prior to commencing any construction, the developer shall arrange for a preconstruction conference with the city engineer.

C.

Final Inspection and Deficiency List.

1.

Upon completion of the subdivision improvements, the developer shall apply in writing to the city engineer for a preliminary final inspection. The city engineer or authorized representative shall schedule a preliminary final inspection.

2.

A deficiency list shall be compiled during the inspection, noting all corrections or any additional work required. If the number of items are excessive or the subdivision appears incomplete, the preliminary final inspection may be halted and rescheduled on a date as determined by the city engineer or authorized representative.

3.

When the preliminary final inspection has been completed, a copy of the deficiency list shall be transmitted to the developer for correction.

4.

Upon having completed all corrections or additional work as outlined by the deficiency list, the developer shall certify in writing that all corrections have been completed satisfactorily and request a final inspection. The city engineer or authorized representative shall then make a final inspection.

5.

Upon finding that all items on the deficiency list have been corrected and receipt of as-built improvement plans, the subdivision shall be placed on the council agenda for acceptance.

6.

The completion of corrections indicated by the deficiency list shall not relieve the developer from the responsibility of correcting any deficiency not shown on the list that may be subsequently discovered.

(Ord. 635 N.S. § A (part), 1983)

A.

The subdivision improvements shall be completed by the developer within eighteen months, or such time as approved by the city engineer, not to exceed a period of twenty-four months, from the recording of the

final map, unless an extension is granted by the city council.

B.

Should the subdivider fail to complete the improvements within the specified time, the city may by resolution of the council and at its option, cause any or all uncompleted improvements to be completed and the parties executing the surety or sureties shall be firmly bound for the payment of all necessary costs therefor.

(Ord. 635 N.S. § A (part), 1983)

A.

The completion date may be extended by the city council upon written request by the developer and the submittal of adequate evidence to justify the extension. The request shall be made not less than thirty days prior to expiration of the subdivision improvement agreement.

B.

The subdivider shall enter into a subdivision improvement extension agreement with the city. If approved by the city council, the mayor shall execute the agreement on behalf of the city.

C.

In consideration of a subdivision improvement extension agreement, the following may be required:

1.

Revision of improvement plans to provide for current design and construction standards when required by the city engineer;

2.

Revised improvement construction estimates to reflect current improvement costs as approved by the city engineer;

3.

Increase of improvement securities in accordance with revised construction estimates;

4.

Inspection fees may be increased to reflect current construction costs, but shall not be subject to any decrease or refund.

B.

The city council may impose additional requirements as recommended by the city engineer or as it may deem necessary as a condition to approving any time extension for the completion of improvements.

(Ord. 635 N.S. § A (part), 1983)

A.

General Requirements.

1.

When all improvement deficiencies have been corrected and as-built improvement plans filed, the subdivision improvements shall be considered by the city council for acceptance.

2.

Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use.

B.

Notice of Completion. If the subdivision has been accepted by the city, the city clerk shall cause to be filed with the county recorder a notice of completion.

C.

Acceptance of a Portion of the Improvements.

1.

When requested by the subdivider in writing, the city may consider acceptance of a portion of the improvements as recommended by the city engineer. The improvements will be accepted by the city only if it finds that it is in the public interest and such improvements are for the use of the general public.

2.

Acceptance of a portion of the improvements shall not relieve the developer from any other requirements imposed by this chapter.

(Ord. 635 N.S. § A (part), 1983)

17.32.290 - Reconveyance of dedications.

A.

The city, when property is dedicated in fee for public purposes, or for making public improvements or constructing public facilities, other than for open space, parks or schools, shall record a certificate with the county recorder, attached to the map and which shall contain the information:

1.

The name and address of the subdivider dedicating the property;

2.

A legal description of the real property dedicated;

3.

A statement by the city that the city shall reconvey the property to the subdivider if the city makes the determination that the same public purpose for which the property was dedicated does not exist, or the property or any portion thereof is not needed for public utilities.

B.

The subdivider may request that the city make the determination that the same public purpose for which the dedication was required still exists, after payment of a fee which shall not exceed the amount reasonably required to make the determination. The determination may be made in reference to the city capital improvement program, the General Plan, a specific plan, the subdivision map or other public documents.

C.

If the city determines that the same public purpose for which the dedication was required does not exist, the city shall reconvey the property to the subdivider or a successor in interest except for any or all portions of the property which is required for that same purpose or for public utilities.

D.

If the city decides to vacate, lease, sell or otherwise dispose of the dedicated property, the city shall give at least sixty days notice to the subdivider whose name appears on the certificate before vacating, leasing, selling or otherwise disposing of the dedicated property. This notice is not required if the dedicated property will be used for the same public property for which it was dedicated.

E.

This section shall apply only to property required to be dedicated on or after January 1, 1990.

(Ord. 1143 N.S. § 43, 1993)

A.

An improvement plan being processed in conjunction with either an approved tentative parcel map or final map shall be prepared by a registered civil engineer and acted on with sixty working days of its submittal, except that at least fifteen working days shall be provided for processing any resubmitted improvement plan. The sixty working-day period shall not include any days during which the improvement plan has been returned to the applicant for correction, has been subject to review by other than the local agency or, following that review, has been returned to the applicant for correction.

B.

The time limits specified in this section for acting on improvement plans may be extended by mutual consent of the subdivider and the city council. The city council will not require routine waiver of time limits as a condition of accepting the improvement plan, except for the purpose of permitting concurrent processing of other requirements related to the improvement plan or map.

(Ord. 1143 N.S. § 44, 1993)

Compensation for excessive dedications shall be governed by the provisions of Section 66475.4 of the Subdivision Map Act.

(Ord. 1143 N.S. § 45, 1993)