Mountain House Municipal Code Ch. 1 Infrastructure Standards: Intent and Organization

Division 11 constitutes the Infrastructure Standards and Requirements. The intent of this Division is to ensure the provision of adequate infrastructure for new uses of property, expansion of existing uses, and replacement of previous uses of property, consistent with the General Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following General Requirements shall apply to all development projects and to all building projects for which a building permit is required unless otherwise exempted by this Title:

(a) Public Improvements. The developer or subdivider shall grade and improve, or agree to grade and improve, all land dedicated or to be dedicated for public improvements. Improvements and grading shall be designed and constructed to provide for the use of the properties affected and for the public safety and welfare. Design and construction of said grading and improvements shall conform to the approved tentative map or approved development project and the design standards of the agency providing service. The County may require the developer or subdivider to pay an in-lieu fee in the amount of the cost of improvements to construct the required improvements as part of a County construction contract. Unless otherwise specified, all public improvements must be dedicated to the public agency responsible for their maintenance and operation.

(b) Minimum Requirements. The provisions of this Division shall be considered minimum requirements. In all cases, the improvements must be determined to be adequate by the City and to be compatible with the site on which the project is, or is proposed to be, located.

(c) Reserved.

(d) Reserved.

(e) Completion of Improvements.

(1) Major and Minor Subdivisions.

(A) Improvements Prior to Approval of Map. Unless otherwise specified, the following improvements required by this Division shall be completed prior to approval of a final map or parcel map:

(i) Where the subdivision requires water service from a public water system requiring a new well, the results of the test well must be determined by the Department of Public Works and the Environmental Health Division to be adequate to comply with the requirements of Title 22 of the California Code of Regulations and the Uniform Fire Code;

(ii) Unless otherwise specified, all other improvements required by this Division, or as a condition of approval, shall be completed to the satisfaction of the responsible department or agency, or be included in a subdivision improvement agreement, per Subsection (j), prior to approval of a final map or a parcel map.

(B) Improvements Prior to Issuance of a Building Permit. Unless otherwise specified, the following improvements shall be completed to the satisfaction of the responsible department or agency prior to the issuance of a building permit:

(i) Where served by a public water system, that system shall be operational and provide adequate water quantity and pressure for fire protection;

(ii) Where served by a public water system, that system shall comply with the requirements of Title 22 of the Regulations; and

(iii) Roads and driveways shall be constructed to meet the minimum requirements of the Uniform Fire Code, and drainage facilities required to insure access shall be approved by Public Works.

(C) Improvements Prior to Final Inspection. Unless otherwise specified, all improvements required by this Division, or as a condition of approval, shall be completed to the satisfaction of the responsible department or agency prior to the issuance of a Certificate of Occupancy or approval of a final building inspection.

(2) Other development projects or building permits:

(A) Improvements Prior to Issuance of a Building Permit. Unless otherwise specified, the following improvements shall be completed to the satisfaction of the responsible department or agency prior to the issuance of a building permit:

(i) Where served by a public water system, that system shall be operational and provide adequate water quantity and pressure for fire protection;

(ii) Where served by a public water system, that system shall comply with the requirements of Title 22 of the California Code of Regulations;

(iii) Roads in antiquated subdivisions proposed to be improved to public road standards shall be completed to the satisfaction of the Department of Public Works, or be included in a deferred improvement agreement per Subsection (j); and

(iv) Roads and driveways shall be constructed to meet the minimum requirements of the Uniform Fire Code, and drainage facilities required to insure access shall be approved by Public Works.

(B) Improvement Prior to Final Inspection. Unless otherwise specified, all improvements required by this Division, or as a condition of approval, shall be completed to the satisfaction of the responsible department or agency prior to the issuance of a Certificate of Occupancy or approval of a final building inspection.

(f) Irrevocable Offer of Dedication. Applications for Major or Minor Subdivisions shall be accepted only if the applicant provides, at applicant's cost for processing by the City of Mountain House, an irrevocable offer of dedication from an adjacent or other property owner(s), if such irrevocable offer of dedication is deemed necessary by the Department of Public Works.

(g) Reserved.

(h) Reserved.

(i) Improvement Plans for Public Improvements. Improvement Plans are required for construction of any required public improvements. Plans shall consist of drawings, details, and specifications sufficient to describe the construction of the improvements. Plans must be prepared by a Registered Professional Engineer. Improvement Plans shall be submitted for review and approved by the agency providing the service prior to approval by the Department of Public Works and to construction of the improvement. All Public Improvement Plans shall be approved by the Director of Public Works prior to submitting any subdivision map for acceptance by the City Council. All Public Improvement Plans shall be approved by the Director of Public Works prior to construction of any subdivision improvements, or prior to issuance of any building permit for other development projects.

(j) Guarantees Provided by Developers Relative to Improvements.

(1) Subdivision Improvement Agreement. If any improvements are required as a condition to the approval of a final map or parcel map, unless the improvements are constructed and accepted prior to approval of the final map or parcel map, a subdivision improvement agreement shall be executed between the developer and the City guaranteeing construction of the improvements within a specified period of time.

(2) Improvement Participation Agreement. If the Director of Public Works allows any required infrastructure improvements to be deferred to a specific date, as determined by the Director, a deferred improvement participation agreement shall be executed between the developer and the City guaranteeing construction of said improvements. The agreement shall be secured in accordance with Section 9-1-301(j)(3) herein.

(3) Agreement Security. Any agreements to install improvements shall be secured in accordance with the provisions of Section 66499 of the Subdivision Map Act. The amount of the security shall be based on a construction cost estimate prepared by the developer's engineer and approved by the Director of Public Works. Unit costs shall be determined by the Director of Public Works, based on costs for similar work on County Public Works projects. Security for improvements required by this Division shall be provided as follows:

(A) Faithful Performance Bonds. Where improvements are required by the provisions of this Division, the subdivider shall provide a faithful performance bond guaranteeing the faithful performance of all work, excluding work to be performed by public utilities, in a sum equal to one hundred percent (100%) of the estimated cost of such work as provided in Sections 66499 and 66499.1 of the Subdivision Map Act. The subdivider shall also guarantee labor and materials in an amount equal to fifty percent (50%) of the faithful performance bond as provided in Section 66499.3 of the Subdivision Map Act. This sum shall include any other fees which may be required by the Department of Public Works.

(B) Bonds by Surety Companies. All tax bonds for special assessments as required by California Government Code Section 66493 and all faithful performance bonds referred to in this Section shall be furnished by a surety company authorized to write the same in the State of California and shall be subject to the approval and acceptance of the City Council. The form and contents of the bond shall comply with the applicable provisions of California Government Code Sections 66499.1 through 66499.5.

(C) Money or Securities. In lieu of any faithful performance bond or tax bond required by this Section, the subdivider may furnish the type of security as provided in California Government Code Section 66499, subject to approval of the City Council.

(D) Forfeiture or Failure to Complete. Upon the failure of a subdivider to complete any improvement within the time specified in an agreement or extension thereof, the City Council may, upon notice in writing of not less than twenty (20) days served by registered mail, addressed to the last known address of the person, firm, or corporation signing such contract, determine that said improvement work or any part thereof is uncompleted and may cause to be forfeited to the City or Flood Control District such portion of said sum of money or bonds given for the faithful performance of said work as may be necessary to complete such work.

(k) Payment for Fees Related to Areas of Benefit. In the event that the City Council has established an Area of Benefit, the subdivider or developer within said Area of Benefit shall pay to the City the proportionate share of the costs established under the Area of Benefit established by ordinance and an administrative fee as set forth in the adopting Ordinance prior to the approval of any final map or parcel map, or prior to the issuance of any building permit for any other development project.

(Ord. 2024-18, § 1(Exh. A), 2024)

The City Council may establish an Area of Benefit and collect fees for the construction of drainage and sewage disposal facilities pursuant to Section 66483 of the Subdivision Map Act; or establish an Area of Benefit and collect fees for the construction of bridges or major thoroughfares pursuant to Section 66484; or establish an Area of Benefit and collect fees for other improvements, including water facilities, deemed necessary by the City in accordance with the procedures specified in Section 66483. The fees shall include the cost of engineering and the cost of establishing the Area of Benefit in addition to the actual cost of facilities.

(Ord. 2024-18, § 1(Exh. A), 2024)

For those public facilities to be operated and maintained by a City agency, the City will not accept the responsibility of maintenance of public improvements until final completion and acceptance of all items. For those public facilities to be operated and maintained by other public agencies, those agencies must approve the improvements to be operated and maintained by them as required by Section 9-1-303(e). If a new Service Area or District is required to serve the development project, the new Service Area or District must be formed and accept the facilities for maintenance as required by Section 9-1-303(e). Acceptance by the City will be by the City Council upon recommendation from the Director of Public Works.

(Ord. 2024-18, § 1(Exh. A), 2024)

Easements for facilities outside of public rights-of-way must be granted to the City when the City deems it necessary for proper operation and maintenance of the public facilities. The easements are to be deeded for the purpose of access, operation, repair, replacement, alteration, and maintenance. All development projects which have publicly owned easements must provide covenants running with the land stating that no buildings, fills, excavations, structures, fences, or other alterations will be constructed within the publicly owned easement without the express written consent of the Director of Public Works.

(Ord. 2024-18, § 1(Exh. A), 2024)

Where it is necessary, as determined by the City, to extend improvements beyond the boundaries of the development project for adequate traffic, drainage, flood control, or water and sewer service needs, the developer shall be required to acquire and dedicate, or submit verification of the ability to acquire and dedicate, to the City the necessary easement or right-of-way to accommodate such improvements prior to the approval of a development project application.

(Ord. 2024-18, § 1(Exh. A), 2024)