16.108 Improvements

The purpose of this chapter is to outline the requirements for implementing the improvements necessitated by the approval of a subdivision project(s), in compliance with state law (Government Code Sections 66411.1 and 66462.5). The subdivider, as a condition of approval of a final or parcel map, shall improve, or agree and guarantee to improve, all land either within or outside the subdivision to be used for public or private alleys, easements, pedestrian ways, streets, or other improvements, in compliance with the final or parcel map and this article. (Ord. 182 § 2 (part), 1997)

The design and layout of all required improvements. both on- and off-site, public and private, shall conform to generally accepted engineering standards, the subdivision map act, and applicable provisions of this development code.

(Ord. 182 § 2 (part), 1997)

The subdivider, as a condition of approval of a tentative map, shall provide and install all required streets and related improvements necessitated by the approval of the subdivision project(s), either within or outside the subdivision, in compliance with the circulation element of the general plan.

(Ord. 182 § 2 (part), 1997)

A. Compliance. Completion of improvements outlined within this chapter shall be in compliance with any agreement or conditions of approval entered into by the subdivider and the city as well as plans and standard specifications applicable at the time of issuance of grading or building permits.

B. Remainder Parcel. If improvements are required for a designated remainder parcel, the fulfillment of the requirements by the construction of improvements shall not be required until a building or grading permit for development of the parcel is issued by the city or until the construction of the improvements is required in compliance with an agreement between the subdivider and the city.

C. Orderly Development. In the absence of an agreement, the council may require fulfillment of some or all of the construction requirements within a reasonable time following approval of the final map and before the issuance of a building or grading permit for the development of a remainder parcel upon a finding that fulfillment of the

construction requirements is necessary for reasons of public health and safety or that the construction is a necessary prerequisite to the orderly development of the surrounding area.

D. Required Improvements. The council shall require, before a final map is approved by operation of law. the following:

1. Access, Bicycle Routes and Streets.

a. The subdivider shall grade and improve or agree to grade and improve all land dedicated or to be dedicated for streets or easements, bicycle routes, and all private streets and private easements laid out on a final map or parcel

map in the manner and with the improvements necessary for the use of the parcel owners in the subdivision and local neighborhood traffic and drainage needs, in compliance with city standards.

b. The subdivider shall provide all necessary easements and rights-of-way to accommodate all streets, drainage, flood-control structures and facilities, public utilities, and sewer systems extending beyond the boundaries of the subdivision.

• c. The subdivider shall pave all streets in compliance with city standards.

d. Surfacing shall not be required on any street, if the council rejects the offer of dedication of streets delineated on the map in compliance with state law (Subdivision Map Act Section 66477.1). Sur-facing shall not be required on any private street laid out on any parcel map where each parcel shown on the map contains a gross area of twenty (20) acres or more. These provisions shall not be construed as relieving the subdivider of the following:

• 1. Grading the rejected streets to grades and widths required by city standards;
• 2. Installing all drainage structures and facilities required by the city engineer, which shall con-form to city standards; and
• 3. Installing water-supply pipelines. fire hydrants. and connections as may be required by the city engineer and fire chief, which shall conform to city standards.

2. Cable Television Service. The design of a subdivision shall provide 1 or more appropriate cable television

systems an opportunity to construct, install, and maintain any necessary equipment, in compliance with state law (Government Code Section 66473.3). This section is not intended to require free access to a subdivision, but to allow a cable franchise the opportunity to negotiate to provide the service.

3. Drainage Facilities.

a. The subdivider shall install or agree to install all drainage and flood-control structures and facilities required by the city engineer, which shall conform to city standards, or the standards of other appropriate agencies as the city engineer adopts.

• b. Where the city has adopted a flood-control element or drainage element of the general plan, any improvements shall conform to the applicable element wherever possible.

c. Drainage across interior property lines shall not be allowed except in special circumstances approved by the city engineer, after establishment of approved easements.

4. Fire Hydrants. The subdivider shall provide and install or agree to install fire alarm systems, fire hydrants,

and connections, either within and/or outside of the subdivision, in compliance with the requirements of the fire code.

5. High Fire Hazard Areas. Subdivision projects located in a high fire hazard areas shall require special fire

mitigation measures consistent with fire code requirements.

6. Sanitary Sewers. The subdivider shall provide and install or agree to install adequate sanitary sewer facilities,

either within or outside of the subdivision, in compliance with the requirements of the applicable water district.

7. Septic Systems. An individual subsurface disposal system may be utilized on parcels greater than one-half acre in size provided that the subdivider has obtained proper clearance from the city engineer and meets the County Health Department and Regional Water Quality Control Board standards and requirements.

8. Street Lights. The subdivider shall construct, or cause to be constructed at the subdivider's cost, a street lighting system in compliance with city standards unless it is determined that street lights will compromise the character and rural nature of the area, except that street lights may be required at certain inter-sections for traffic safety purposes.

9. Street Names. Street names shall be in compliance with the council's street naming policy, subject to the

approval of the city engineer.

10. Street Trees.

a. The subdivider may be required to provide, install, and maintain approved street trees within the street rightof-way, dedicated planting easement, or within a combination of both.

b. The subdivider shall deposit funds, in the amount and manner established by the council, for all street trees not installed at the time of the city's acceptance of the public improvements.

11. Traffic Devices. The subdivider shall provide and install or agree to install traffic control, regulatory, warning and guide devices, and traffic signals, either within and/or outside of the subdivision, in compliance with the requirements of the city engineer;

12. Undergrounding Utilities. The subdivider shall provide for the undergrounding of all existing and proposed utility distribution or transmission facilities (e.g., cable television, electric, and telephone), within the subdivision boundaries and along peripheral streets, except for the following:

a. Concealed ducts, meter cabinets, pedestals, sectionalizing device cabinets, terminal cabinets, trans-formers, and other appurtenant facilities. Placement of these facilities is subject to the approval of the city engineer as to type and location;

b. The subdivider shall execute and record a covenant running with the land not to oppose a local improvement district for underground placement of utilities, where it is determined by the city engineer that it is not practicable to place the existing facilities underground within any single half-street section due to the existence of overhead utility services to properties on the opposite side of the half-street section. In developments where overhead utility distribution facilities are allowed to remain, all new services to existing parcels and parcels created in compliance with this development code shall be in-stalled underground from the nearest utility pole;

c. Poles or posts which support fire alarm devices, street lighting systems, or traffic control signal apparatus;

d. Power transmission lines having a capacity of thirty-three (33) kv or greater and long-distance and trunk communication facilities;

e. Severe soil or topographic constraints render installation costs prohibitive; and

f. The installation of cable television lines may be waived when, in the opinion of the council, no franchise cable television operator is found to be willing and able to install cable television lines in the subdivision. However, the installation of cable television conduits shall still be required. The subdivider shall be responsible for the associated costs and arrangements with each public utility.

g. If the proposed subdivision is located in the rural residential zone, the subdivider can request a waiver of the under-grounding of all existing utility distribution or transmission facilities from the planning commission at the time the tentative map is being considered where under-grounding is not practical because of cost or other factors.

13. Walls. The subdivider may be required to provide a wall adequate to prevent access between the subject subdivision and adjacent properties for each parcel located on the exterior boundary of the subdivision. The design of the wall shall be subject to the approval of the director and in compliance with Chapter 16.22 (Fences, Hedges, and Walls).

14. Water Areas.

a. Water areas within the proposed subdivision shall be reviewed by the commission as to proper de-sign and improvement, form and dimensions, and relationship to street and parcel design and pro-posed and existing land uses in the proposed subdivision and adjoining areas.

b. Improvement plans for water areas shall include the following, which shall be subject to county health department and city engineer approval:

1. Scaled plan(s) of the water areas, indicating proposed depths of water, normal water levels, slopes and types of bank retention, and the dimensions, grades, locations, and types of water conduits;

2. Data regarding storm drainage area and runoff volumes under normal and extreme conditions, water area capacity for storm drainage storage, details of water level controls and pumping, and methods of flushing and filling

the water areas;

• 3. Data regarding water quality, methods of controlling insects, water growth, and vegetation;
• 4. Proposed method of maintenance and operation of water areas, including control points and other features and methods of access;
• 5. Proposed restrictions and covenants governing the use of the water areas; and
• 6. Proposed easements of rights-of-way to be dedicated for storm drainage or other public purposes.

15. Water Systems.

a. The subdivider shall install or agree to install all required water systems necessary to serve the sub-division unless the property is located in the rural residential zone and this requirement is waived by the city. If this

requirement is recommended to be waived, the subdivider shall provide a statement from the water district that additional wells will not affect the availability of groundwater in the area and that adequate fire flow is available to meet fire department requirements; and

• b. The subdivider shall ensure that:

• 1. The subdivision will be connected to a domestic water system approved by the city;
• 2. All water mains shall be of a material(s) that complies with the requirements of the water company or agency serving the subdivision; and

3. All water lines, appurtenances, and service connections shall be constructed or laid before paving, or that provisions have been made to ensure the construction.

16. Wells.

a. The subdivider shall abandon all water wells in a manner approved by the city engineer and the State Department of Water Resources.

b. The location of any well(s) shall be delineated on the final or parcel map, and well logs, if available, shall be submitted to the Department.

• c. In the event that a new well is constructed, it shall meet all applicable city, county, and state standards and requirements.

17. Monument and Landscaping Lots.

a. Entry to residential subdivisions from General Plan secondary or larger roads shall be designed with monument lots on both sides of the entry street. This monument lot shall have a minimum twelve (12) foot depth, measured from the street right-of-way. The lot shall be landscaped and have a distinctive entry statement in the form of a monument sign or wall. Additional landscaped area for the monument lot may be required for larger subdivisions. b. Landscaping along secondary or larger roads for residential subdivisions shall provide an increase landscaped area in the parkway as shown on Table 5.12. Landscaped lots along the parkway shall be designated a lettered lot per Section 16.98.060.G.2 and maintained by a property owners association or other legal entity for maintenance in perpetuity. Lots shall have a minimum depth of ten (10) feet and may be part of the monument lot. Meandering sidewalks and enhanced landscaping shall be encouraged for secondary and major roads, and required for arterial or larger roads.

TABLE 5.12

REQUIRED RESIDENTIAL PARKWAYS

[(1)] Right-of-way, Curb to Curb and Median widths are given for reference only. Streets must comply with the General Plan Circulation Element and Circulation Plan.

• [(2)] Landscaping in subdivision lettered lots along the property line may be included in the Parkway.

• [(3)] Sidewalk measurement includes 0.5 ft. curb face.

• [(4)] Meandering sidewalks are encouraged. If sidewalks are not meandering they must be placed in the middle of

• the parkway.

• [(5)] Meandering sidewalks are required, unless waived by the Planning Director.

• (Ord. 536-18 § 2 (part), 2018; Ord. 367 § 2, 2006; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

The commission may require the subdivider, as a condition of approval of a tentative map, to grant easements not less than ten feet in width along each side of the rear lot line, and not less than five feet in width along each side of the side lot lines for drainage, public utility, and sanitary sewer purposes. Easements of lesser width(s) may be allowed when approved by the city engineer, after conferring with the affected public utility system(s). (Ord. 182 § 2 (part), 1997)

The design of a subdivision shall provide, to the maximum extent feasible, for future passive or natural heating or cooling opportunities, in compliance with state law (Government Code Section 66473.1). (Ord. 182 § 2 (part), 1997)

Construction grading and erosion control shall be conducted to prevent sedimentation or other damage to off-site properties, and shall be in compliance with the city standards for stormwater/urban runoff management and discharge control requirements and state law (Government Code Section 6641 1). Drainage, erosion, and sedimentation control measures shall be shown on the subdivider's improvement plans.

(Ord. 182 § 2 (part), 1997)

All subdivisions shall abut upon or have an approved means of access to a public street. In addition, the following standards shall apply:

• A. Approved Access. Each parcel or unit within the subdivision shall have approved direct access to a public or

• private street;

• B. Future Access. Street layout shall be designed to provide for future access to, and not impose undue hard-ship

• upon, property adjoining the subject subdivision; and

C. Maintenance of Private Streets. In the case of private streets, the subdivider shall provide an appropriate method for permanent maintenance, subject to the approval of the city engineer and city attorney.

(Ord. 182 § 2 (part), 1997)

The design, orientation, shape, and size of each parcel, which provides for a suitable building site, shall be appropriate to its location and type of development contemplated/proposed. The following standards shall apply:

A. Lot Lines at Right Angles. The lot lines of all parcels, so far as practical, shall be at approximately right angles to the fronting street, or approximately radial to the center of the curvature, if the street is curved. Side lines of each parcel shall be approximately radial to the center of the curvature of a cul-de-sac, where applicable;

B. Parcel Widths. The following minimum width requirements shall apply where no parcel width requirements are established by this development code:

1. Corner Parcels: Sixty (60) feet in width; and

2. Interior Parcels: Fifty (50) feet in width.

• C. Reverse Corner Parcels. Reverse corner parcels shall be avoided. (Refer to Chapter 16.110, Definitions of

• Specialized Terms and Phrases);

D. Double Frontage Parcels. Interior parcels having double frontage shall generally not be allowed unless the second frontage is an approved alley;

E. Parcel Remnants. Remnants of property, with the exception of one-foot control lots, and approved nonbuildable sites, which do not conform to parcel requirements or which are not required for public or private utility purposes shall not be created;

F. Top of Slope. Lot lines between adjacent parcels within a subdivision shall be located at the top of any graded slope;

G. Development Code Compliance. All parcels shall be in compliance with the requirements of this development code;

H. Landscaped Frontage. All lots shall have a minimum of fifteen (15) feet of frontage on a street available for landscaping, which may require a tapered driveway for lots with less than thirty-five (35) feet of lot frontage; and

I. Flag Lot Corridors. The access corridor for a flag lot shall not be counted as part of the required minimum lot area.

(Ord. 293 § I (part), 2004; Ord. 182 § 2 (part), 1997)

A. Supplemental Size and Capacity.

1. The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental capacity, number, or size for the benefit of property not within the subdivision as a condition precedent

to the approval of a subdivision or parcel map and thereafter to dedicate the improvements to the public.

2. When the supplemental capacity, number, or size is solely for the benefit of property not within the subdivision, the city shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of the improvements equal to the difference between the amount it would have cost the subdivider to install the improvements to serve the subdivision only and the actual cost of the improvements in compliance with the provisions of the Subdivision Map Act.

B. Method of Payment. The council shall determine the method for payment of the costs required by a reimbursement agreement which may include the establishment and maintenance of local benefit districts for the levy collection of the charge or costs from the property benefited.

(Ord. 182 § 2 (part), 1997)

A. Public Hearing Required. A charge, area of benefit, or local benefit district shall not be established unless and until a public hearing is held and the council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of the supplemental improvements and the actual ultimate beneficiaries.

B. Notice of Hearing. In addition to the notice required by state law (Government Code Section 66451.3), written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment roll, and the potential users of the supple-mental improvements insofar as they can be identified at the time. The notices shall be mailed by the city clerk at least ten days before the scheduled public hearing.

(Ord. 182 § 2 (part), 1997)

If the city has adopted a local drainage or sanitary sewer plan or map as required for the imposition of fees, or has established an area of benefit for bridges or major thoroughfares in compliance with Section 16.36.010, the city may impose a reasonable charge on property within the area benefited and may provide for the collection of the identified charge(s). The city may enter into reimbursement agreements with a subdivider who constructs the facilities, bridges, or thoroughfares and the fee(s) collected by the city may be utilized to reimburse the subdivider. Refer to Chapter 16.36 (Public Facilities/Infrastructure) for specific requirements.

(Ord. 182 § 2 (part), 1997)

The required frontage improvements may be deferred when deemed appropriate by the city engineer. Deferral shall be allowed when the city engineer finds that construction is impractical due to physical constraints. When improvements are deferred, the subdivider shall enter into an agreement with the city for the installation of all frontage improvements at a future date as determined by the city engineer. The agreement shall provide for the following:

• A. The agreement shall be acceptable to the city engineer and city attorney;

• B. Construction of required improvements shall begin within ninety (90) days of the receipt of notice to proceed from the city engineer;

C. in the event of default by the subdivider or successors, the city is authorized to cause the construction to be done and charge the entire cost and expense to the subdivider or successors. including interest from the date of notice of the cost and expense until paid;

• D. The agreement shall be recorded with the county recorder, at the expense of the subdivider, and shall constitute:

1. Notice to all successors of title to the real property of the obligation; and

2. A lien in an amount to fully reimburse the city, including interest as outlined above, subject to foreclosure in the event of default in payment.

E. In the event of litigation caused by a default of the subdivider or successors, the subdivider or successors agree to pay all costs involved, including reasonable attorneys fees, which shall become a part of the lien against the real property;

F. The term "subdivider" shall include not only the present owner but also heirs, successors, executors, administrators, and assigns, with the intent that the obligations undertaken shall run with the real property and constitute a lien against it: and

G. Other provisions deemed necessary by the city engineer. The agreement shall not relieve the subdivider from any other specific requirements of the subdivision map act or this article.

(Ord. 182 § 2 (part), 1997)

Improvement plans shall be prepared by a registered civil engineer licensed by the state, shall include all improvements required in this article, and shall be in compliance with applicable city standards.

• A. Form and Content. The form. content, specifications, and supporting data of an improvement plan shall

• conform to the requirements of the city engineer.

• B. Review and Approval by City Engineer.

1. The subdivider shall submit the improvement plans. plan check fees, and all supporting data to the city engineer for review.

2. The subdivider shall revise the improvement plans until acceptable by the city engineer. Upon completion of the improvement plans and satisfaction of all other requirements of this article, the subdivider shall transmit the original set of improvement plans to the city engineer for final review and signature. The originals shall be retained by the city engineer.

3. Approval by the city engineer shall in no way relieve the subdivider or the subdivider's engineer from responsibility for the design of the improvements and for any error, omission, or any deficiency resulting from the design, or from any required conditions of approval, of the tentative map.

C . Revisions to Approved Plans

1. By Subdivider. Requests by the subdivider for revisions to the approved plans, appearing necessary during construction, shall be submitted in writing by the engineer of record to the city engineer and shall be accompanied by revised drawings showing the proposed revision(s). If found acceptable and consistent with the approved tentative map. the amended originals shall be initialed by the city engineer. Construction of any proposed revision(s) shall not proceed until the revised plans have been initialed by the city engineer.

2. By City Engineer. When revisions are deemed necessary by the city engineer to protect the public health and

safety, or as field conditions may require. a request shall be made to the subdivider.

3. City Engineer's Review. The subdivider shall revise the plans and transmit the original(s) to the city engineer

for initialing within the time period specified by the city engineer.

4. City Engineer's Approval. Construction of all. or any portion of, the improvements may be stopped by the city engineer, in compliance with Chapter 16.84 (Enforcement Provisions), until the revised drawings have been submitted, approved, and initialed by the city engineer.

(Ord. 182 § 2 (part), 1997)

A. Compliance with Development Code. Unless the council requires the subdivider to construct improvements before final map approval, the subdivider may elect to construct improvements or to otherwise comply with the requirements of this development code and with the conditions in the resolution approving the tentative map or, if authorized by the council, may contract to initiate and consummate special assessment district proceedings in lieu of constructing improvements, in compliance with state law (Subdivision Map Act Section 66462).

B. Remainder Parcel. If the subdivider consents, or the council requires, the improvement agreement may provide for the improvements for a designated remainder parcel before issuance of a building or grading permit for the parcel.

C. Plans and Specifications. The subdivider shall prepare and deposit with the city clerk detailed plans and specifications of the improvements to be constructed or the conditions to be met, and the plans and specifications shall be made a part of any agreement or contract and of the required improvement security, in compliance with Section 16.108.160, below.

D. City Engineer. The city engineer is authorized to sign the improvement agreement(s) on behalf of the city. (Ord. 182 § 2 (part), 1997)

A. Required. Any improvement agreement. contract, or act required or authorized by the subdivision map act, for which security is required, shall be secured in compliance with state law (Government Code Section 66499).

B. General.

1. Improvement Agreement. The subdivider shall enter into a contract with the city, acceptable to the city attorney, to make, install, and complete within the time fixed, but in no case more than two years from the date of execution of the contract, all improvements and land alteration(s) in compliance with the plans approved by the city.

2. Security Arrangements.

a. The subdivider shall file security to guarantee completion of public and private improvements in compliance with the improvement agreement as follows:

1. One hundred (100) percent of the total estimated cost of all required improvements including bonding requirements for grading as outlined in Section 16.108.070 (Erosion Control and Grading) and preservation/replacement of mature trees as outlined in Chapter 16.42 (Tree Preservation), conditioned upon the faithful performance of the act or agreement:

2. Fifty (50) percent of the total estimated cost of all required improvements, to secure payment to the contractor, subcontractor(s), and others furnishing labor, materials, or equipment for grading and/or other improvements;

3. Ten percent of the total estimated cost of the improvement or act to be performed to guarantee or warranty the work for a period of one year following completion or acceptance thereof against any defective work or labor done or defective materials furnished;

4. A monumentation security in an amount proposed by the subdivider's engineer to cover the cost of placing lot corners and other related monuments;

5. If the required subdivision improvements are financed and installed in compliance with special assessment proceedings, upon the furnishing by the contractor of the faithful performance and labor and material security required by the special assessment act being used, the city engineer may reduce the improvement security of the subdivider by an amount corresponding to the amount of the security furnished by the contractor; and

6. The subdivider may satisfy the requirement for security of certain improvements by providing proof that the required security has been posted with another public agency subject to the approval of the city engineer.

b. Security may be of the following types subject to the approval of the city engineer and city attorney as to form:

1) Bonds. All bonds shall be executed by a surety company authorized to transact business as a surety, and have an agent for service in the state, together with an "A" policy holder's rating and a financial rating of at least "V" in compliance with the current "Best's" ratings:

2) Cash Deposits. in lieu of the faithful performance and labor and material bonds, the subdivider may submit cash deposits under the following conditions:

a) Disbursements from cash deposits shall be made in compliance with a separate agreement between the subdivider and the city:

b) A bookkeeping fee of one percent of the total amount deposited with the city for each cash deposit shall be submitted with each security; and

c) Disbursements from a cash deposit shall not be allowed unless and until authorized in writing by the city engineer.

3) Letter of Credit. In lieu of faithful performance and labor and material bonds or cash deposits, the subdivider may submit a letter of credit subject to the California Commercial Code. The let-ter of credit shall be issued by a financial institution organized and doing business in, and subject to regulation by, the state. The letter shall be in a form and content as approved by the city attorney, and shall pledge that the funds necessary to meet the performance are on deposit and guaranteed for payment and agree that the funds designated by the instrument shall become trust funds for the purposes identified in the instrument.

c. The city clerk shall not endorse or sign its certificate contained on the final map unless and until an appropriate improvement security, as specified above, has been posted with the city;

d. The requirements outlined above are also applicable to a parcel map for which the installation of public improvements or grading is a condition of approval: and

e. Final or parcel maps shall not be presented to the council for acceptance until the requirements of this

section have been met and until all charges and fees established by the council, and pertaining to the subject property, have been paid.

C. Improvement Agreement Not Required With Special Permit.

1. Special Permit . If the subdivider desires to do certain work before entering into an agreement with the city to install and complete all required subdivision improvements and alteration work, the subdivider may apply to the city engineer for a special permit to do so.

2. Application. The application shall be accompanied by detailed plans, clearly describing the work which is proposed for completion.

3. City Engineer's Action. The city engineer may issue a special permit to the subdivider upon submittal of an application, provided security has been posted in an amount which would ensure the rehabilitation of the land, including grading and planting. in the event the final subdivision map is not recorded.

4. Security. The security and contractor's qualifications shall be in compliance with this section.

5. Improvement Agreement Not Required . When the special permit is for all work required in connection with

the subdivision and the work has been completed, inspected, and approved by the city engineer, an improvement agreement shall not be required.

D. Security Administration.

1. Letter of Credit. In the case of a letter of credit, the issuing bank or association shall receive a copy of the notice of completion.

2. Progress Payments. Progress payments may be made to the subdivider from any deposit money or letter of credit which the subdivider may have made in-lieu of providing a security bond. Progress payment(s) shall not be made for more than ninety (90) percent of the value of any installment of work and the aggregate amount paid is not in excess of fifty (50) percent of the total amount posted as improvement security. Progress payment(s) from cash deposits shall not be made except upon certification by the city engineer, and the subdivider, that all required work has been completed.

3. Release, Retention, and Reduction of Security. The security may be released, in whole or in part, in the following manner:

a. Security given for faithful performance or any act or agreement shall be released upon the perfonnance of the act and final completion, and acceptance of the required work by the city engineer. A maximum of three partial releases of the security may be granted by written order of the city engineer upon determination by the city engineer that the work has been properly completed and that the remaining amount of security is adequate to guarantee the completion of the remaining improvements. Requests for partial releases, identifying in detail the amount of work completed, shall be made in writing to the city engineer.

b. Security guaranteeing the payment to the contractor, the 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 in compliance with state law (Civil Code Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division 3), 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 board. If no claims of lien have been recorded, the security may be released in full. Requests for release shall be made to the city engineer who may, before the release of any security under this subparagraph, require the subdivider to provide a title report or other form of evidence sufficient to show what claims of lien, if any, are of record on the subdivision.

c. The release of the security shall not apply to any required guarantee and warranty period, nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. In any case where the performance of the obligation for which the security is required is subject to the approval of another agency, the security shall not be released until the obligation is performed to the satisfaction of the other agency. The city shall notify the servicing agency in writing and the agency shall have two months after completion of the performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the performance of the obligation was done to its satisfaction.

he other agency. The city shall notify the servicing agency in writing and the agency shall have two months after completion of the performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the performance of the obligation was done to its satisfaction.

d. The liability upon the security given for the faithful performance of any act or agreement shall be limited to: 1) The performance of the work covered by the agreement between the subdivider and the city for the performance of the required act;

2. The performance of any changes or alterations in the work, provided that all changes or alterations do not exceed ten (10) percent of the original estimated cost of the improvement;

3. The guarantee and warranty of the work for a period of one year following completion and acceptance thereof against any defective work or labor done or defective materials furnished in the performance of the agreement or the performance of the act; and

4. Costs and reasonable expenses and fees, including reasonable attorneys' fees.

e. If the estimated cost of completing the street/drainage improvements, water system improvements, sewer system improvements, or the setting of the monuments is less than five thousand dollars ($5,000.00), a cash bond shall be required for that specific improvement.

f. The city engineer is authorized to release or reduce the security in compliance with this Section.

4. Forfeiture of Surety. In the event that the subdivider fails to complete all improvement work in compliance with the provisions of this section and the improvement agreement, and the city has to complete the work, the city

shall call on the security for funds necessary to complete the improvement work as reimbursement or shall appropriate from any cash deposit funds for reimbursement. If the amount of any surety is less than the cost and expense incurred by the city, the subdivider shall be liable to the city for the difference. Cash remaining in the possession of the city. after completion of the improvement work, shall be returned to the originator minus normal administrative costs.

E. Lien Contract for Improvement for Subdivisions of Four or Fewer Parcels.

1. In lieu of constructing or agreeing under Section 16.108.040 to construct any required improvements, the city engineer may require the subdivider to enter into an agreement with the city to construct the improvements in the future and require the subdivider to grant the city a lien on the land being divided, thereby securing completion of the future improvements.

2. The lien granted in compliance with subparagraph (E{'}'}(1) above may be used to secure future improvements in easements, rights-of-way, irrevocable offers of dedication, or any other improvements or conditions of the parcel map.

3. The city engineer is authorized to sign the agreement on behalf of the city. (Ord. 182 § 2 (part), 1997)

A. Compliance With Standards. The construction methods and materials for all subdivision improvements shall be in compliance with city standards.

• B. Issuance of permits. Construction shall not commence until all required improvement plans have been

• approved by the city engineer and all applicable city permits have been issued.

• C. Inspections. All subdivision improvements are subject to inspection and approval by the city engineer.

• (Ord. 182 § 2 (part), 1997)

A. Time Limits.

1. All of the required subdivision improvements shall be completed by the subdivider within eighteen (18) months from the date of final map recordation, unless an extension is granted by the city engineer. Extensions of time may be granted at any time by the city engineer, either at its own option. with or without notice to the subdivider and surety, or at the written request of the subdivider, with or without notice to the surety. Each extension shall be for a period not to exceed one year.

2. In addition to the above, and as a further condition to granting an extension of time, the city engineer may require that additional agreements or security be furnished to the city as necessary to guarantee the completion of the improvements.

B. Failure by Subdivider.

1. Upon the failure of the subdivider to complete any improvements, acts, or obligations within the time specified. the city clerk shall give notice in writing of not less than ten days served upon the person responsible for the performance thereof, or notice in writing of not less than twenty (20) days served by registered mail addressed to the last known address of the person.

2. If the council determines that the subdivider is in default. the council may cause the improvement security, or the portion thereof as is necessary to complete the work or act, and any other obligations of the subdivider secured thereby, to be forfeited to the city.

• (Ord. 182 § 2 (part), 1997)

A. General.

1. After all improvement deficiencies have been corrected and improvement plans filed, the completed subdivision improvements shall be considered by the council for acceptance, as recommended by the city engineer.

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

• B. Notice of Completion. When the subdivision has been accepted by the city engineer or the council. the sub-

• divider shall file a notice of completion with the county recorder.

• C. Acceptance of a Portion of the Improvements.

1. Upon written request of the subdivider, the city engineer may recommend that the council accept a portion of the subdivision improvements.

2. The improvements shall only be accepted by the council if it finds that it is in the public interest, and the improvements are for the use of the general public.

3. Acceptance of a portion of the improvements shall not relieve the subdivider from other requirements and provisions specified in this article.

• (Ord. 182 § 2 (part), 1997)