Article VIII — Dedications. Reservations, and Development Fees

§ 31-54. Dedication of streets, alleys and other public riqhts-of-way or easements. [Ord. No. 1034, § 1.]

As a condition of approval of a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that area needed for streets and alleys, including access rights and abutters' rights, drainage, public greenways, bicycle paths, trails, scenic easements, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters' rights, drainage, public greenways, bicycle paths, trails, public utility easements, and other public easements.

Improvements shall be in accordance with Article X (Improvements) of this chapter.

The city may require as a condition of approval of a tentative map that dedications or offers of dedication of streets include a waiver of direct access rights to any such street from any property within or abutting the subdivision.

Upon acceptance of the dedication, such waiver shall become effective in accordance with its provisions.

§ 31-56. Dedications. [Ord. No. 1034, § 1.]

All dedications of property to the city for public purposes shall be made in fee title, except that, in the city's discretion, a grant of an easement may be taken for including but not limited to: open space easements, scenic easements or public utility easements. All dedications in fee and grants of easements shall be free of liens and encumbrances except from those which the city, in its discretion, determines would not conflict with the intended ownership and use. The city may elect to accept an irrevocable offer of dedication in lieu of dedication of fee title.

• (a) Purpose. This article is enacted pursuant to the authority granted by Section 66477 of the Government Code of the State of California. The park and recreational facilities for which dedication of land and/ or payment of a fee is required by this article are in accordance with the General Plan, the Parks and Recreation Commission's Master Plan, and any applicable specific plan.

• (b) Requirements. At the time of approval for a tentative subdivision map containing greater than fifty lots, the planning commission shall determine, the land area required for dedication and/or in-lieu fee payment. This determination shall be forwarded onto the city council in the form of a recommendation. Similarly the parks and recreation commission shall also provide a recommendation which shall be forwarded to the city council. The city council shall review both recommendations and render a final determination. This determination shall be incorporated as a condition of map approval.

At the time of approval of a tentative parcel map or a tentative subdivision map containing fifty lots or less, the subdivision committee in the case of parcel maps, or the planning commission in the case of tentative subdivision maps, shall require an in-lieu fee payment.

As a condition of approval of the final subdivision map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for neighborhood and community

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City of Oakdale, CA § 31-57

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park or recreational purposes at the time and according to the standards and formula contained in this article.

At such time that the park and recreational services are ever provided by a public agency other than the city, the amount and location of the land to be dedicated or fees to be paid shall be jointly determined by the city and such public agency.

• (c) General standard. The city council of the city of Oakdale does hereby find that the public interest, convenience, health, welfare, and safety of the people residing in the City of Oakdale require that five acres of property for each one thousand persons residing within this city be devoted to neighborhood and community park and recreational purposes.

• (d) Formula for dedication of land. Where a park or recreation facility has been designated in the Parks and Recreation Commission's Master Plan, the General Plan, or any applicable specific plan, and where this park or recreational facility is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following formulas:

Acreage to be dedicated shall be as follows:

Average Household Size x Park Acreage Standard = Acreage Per Dwelling Unit 1,000 population 3.1 x 5 = .0155 Example: Single family residence: 1,000

Example: Single family residence:

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Park Land Dedication Formula Table
Average HH Size
Types of Dwellings (1990 Census) Density Range Acreage per Dwelling Unit
Single family 3.1 2.8 and up .0155
Duplex, medium 2.4 2.2 to 2.8 .012
Multiple 2.2 2.0 to 2.2 1.01
Mobile home park 1.3 1.3 to 2.0 .0065
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Park Land Dedication Formula Table
Average HH Size
Types of Dwellings (1990 Census) Density Range Acreage per Dwelling Unit
Single family 3.1 2.8 and up .0155
Duplex, medium 2.4 2.2 to 2.8 .012
Multiple 2.2 2.0 to 2.2 1.01
Mobile home park 1.3 1.3 to 2.0 .0065
----- End of picture text -----

For the purposes of this section, one parcel shall equal one dwelling unit within the R-1 zone district. Within all other zone districts, density shall equal the maximum allowable density specified for each zone district.

In the case of a condominium project, the number of new dwelling units shall be the number of condominium units. The term "new dwelling unit" does not include dwelling units lawfully in place prior to the date on which the parcel or final map is filed.

The subdivider shall, without credit:

• (1) Provide full public improvements and utility expansions and connections including, but not limited to sidewalks, curbs, gutters, street paving, traffic control devices, and street trees to land which is dedicated pursuant to this section;

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City of Oakdale, CA § 31-57

OAKDALE CITY CODE

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• (2) Provide fencing along the property line of that portion of the subdivision contiguous to the dedicated land;

• (3) Provide improved drainage through the site;

• (4) Provide other improvements which the city council determines to be essential to the acceptance of the land for recreational purposes.

• (e) Review and determination. Applications relating to park and recreation, dedication and fees shall be reviewed by the parks and recreation commission and by the director of the parks and recreation. A recommendation from the commission, with a report and recommendation from the director of the parks and recreation will be forwarded to the city council for a determination. The determination of the city council shall be final and conclusive.

• (f) Formula for fees in lieu of land dedication. If there is no park or recreation facility designated in the General Plan, Parks and Recreation Commissions Master Plan, or any applicable specific plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of that land, plus twenty percent toward costs of off-site improvements, in accordance with the provisions of this article. Such fee shall be used for a local park or recreational facility able to serve the present and future residents of the area being subdivided.

For the purposes of this article, off-site improvements are defined as those which would have been required if land had been dedicated using the provisions of this chapter.

• (1) If the proposed subdivision contains fifty parcels or less, the subdivider shall pay a fee equal to the land value, plus twenty percent towards costs of off-site improvements, of the portion of the local park required to serve the needs of residents of the proposed subdivision.

• (2) Nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of fifty parcels or less, whether the subdivider proposes such dedication voluntarily and the land is acceptable to the city council as prescribed in this article.

• (3) The money collected hereunder shall be used only for the purpose of acquiring necessary land and developing new or rehabilitating existing park or recreational facilities reasonably related to serving the subdivision.

• (g) Formula for requiring both dedication and fee. In a subdivision of more than fifty parcels, the subdivider shall both dedicate land and pay a fee in-lieu thereof in accordance with the following formula:

  • (1) When only a portion of the land to be subdivided is proposed within the General Plan, Parks and Recreation Commission's Master Plan, or any applicable specific plan, as the site for a local park, such portion shall be dedicated for local park purposes and a fee shall be paid for the value of any additional land, plus twenty percent toward costs of offsite improvements.

• (2) When a major park or recreation site has already been acquired by the City of Oakdale, and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated. In addition, a fee shall be paid in an amount equal to the value of the land, plus twenty percent toward costs of off-site improvements, which would otherwise have been required to be dedicated. Such fees shall be used for the improvement of the existing park and recreation facility or for the improvement of other local parks and recreation facilities in the area serving the subdivision.

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City of Oakdale, CA § 31-57

SUBDIVISIONS

§ 31-57

• (h) Determination of amount of fee in-lieu of land dedication. When a fee is to be paid in-lieu of land dedication, value of the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required for dedication plus twenty percent toward costs of off-site improvements. The fee shall be determined by the following formula:

Total Dwelling Units x Acreage Per Dwelling Unit x Fair Market Value = In Lieu Fee

The acreage per dwelling unit shall be in accordance with the provisions of this article.

Fees to be collected pursuant to this article, shall be approved in the same manner as prescribed for land dedication.

• (i) Determination of fair market value. The fair market value shall be determined by the City of Oakdale from time to time, based upon a written appraisal report prepared and signed by an appraiser acceptable to the city. At such time as the fair market value is disputed, the city shall cause another appraisal to be prepared, with the cost thereof borne by the applicant.

The appraisal shall be based on a building acre, which is described as a typical acre of the subdivision, with a slope less than ten percent and located in other than an area on which building is excluded because of flooding, easements, or other restrictions.

For the purposes of this chapter, the determination of the fair market value of a buildable acre, shall consider, but not necessarily be limited to, the following:

• (1) Approval of and conditions of the tentative subdivision map;

• (2) The General Plan and any applicable specific plan;

• (3) Zoning;

• (4) Property location;

• (5) Off-site improvements facilitating use of the property;

• (6) Site characteristics of the property.

If the subdivider objects to the determined fair market value, subdivider may appeal to the city council. The city council shall hear the appeal under the same rules and obligations current for the local board of equalization hearings, except that the burden of proof shall lie with the subdivider.

• (j) Determination of land or fee. Whether the city council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined in consideration of the following:

  • (1) The natural features access, and location of land in the subdivision available for dedication.

• (2) The size and shape of the subdivision and land available for dedication;

  • (3) Feasibility of dedication;

  • (4) The compatibility of dedication with the City of Oakdale Parks and Recreation Commission's Master Plan; and,

  • (5) The location of existing and proposed park sites and trailways.

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City of Oakdale, CA § 31-57

OAKDALE CITY CODE

§ 31-57

The review and determination process shall be carried out in accordance with the provisions of this article.

• (k) Credit for private open space. No credit shall be given for private open space in the subdivision except as prescribed in this section.

Where private open space, usable for active recreational purposes, is provided in a proposed planned development or real estate development as defined in the Business and Professions Code, partial credit, not to exceed fifty percent, shall be given against the requirement of land dedications or payment of fees in-lieu thereof if the city council finds that it is in the public interest to do so and that all of the following standards are met:

• (1) Those open areas required by the Municipal Code such as side yards, rear yards, front yard setbacks, driveways shall not be included in the computation of the private open space.

• (2) Private park and recreation facilities shall be owned by a homeowners association. Said homeowners association shall be: composed of all property owners in the subdivision; incorporated as a nonprofit organization capable of dissolution only by a one hundred percent affirmative vote of the membership; operated under recorded land agreements through which each lot owner in the neighborhood is automatically a member; and each lot is subject to a charge for a proportionate share of expenses for maintaining facilities.

• (3) Use of the private open space is restricted for park and recreation purposes by recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the City of Oakdale or its successor.

• (4) The proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access, and location.

• (5) Facilities proposed for the open space are in substantial accordance with the provisions of the General Plan, any applicable specific plan, and the Parks and Recreation Commission's Long Range Goals and Master Plan.

• (6) The open space for which credit is given is generally a minimum of three acres and provide some of the following options:

  • a. All of the local park basic elements listed below;

    • (1) Children's play apparatus area - 1/4 to 1/2 acre

    • (2) Landscaped park area with quiet areas - 1/2 to 1 acre

    • (3) Family picnic area - 1/2 to 3/4 acre

    • (4) Game court area - 1/4 to 1/2 acre

    • (5) Turf playing field - 1 to 3 acres

    • (6) Swimming pool - 1/4 to 1/2 acre

    • (7) Recreation center building - 1/6 to 1/4 acre

• b. A combination of subsection (a)(1) above plus credit given for the inclusion of the other items at a rate of twenty percent of the allowable fifty percent credit for each of the

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City of Oakdale, CA § 31-57

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§ 31-57

subsection (a), (2) through (7) above; or

• c. A combination of the above mentioned items and other significant recreation improvements that will meet the specific recreation needs of future residents of the area.

Specific standards for these basic park elements are as follows:

"Game court areas" are generally defined as tennis courts, badminton courts, shuffleboard courts, or similar hard-surfaced areas especially designed and exclusively used for court games.

"Turf playing field" is generally defined as parks areas for active recreation pursuits such as soccer, golf, baseball, softball, and football, and have at least one acre of maintained turf with less than five percent slope.

"Recreational swimming areas" generally defined as fenced areas devoted primarily to swimming, diving or both. They must also include decks, lawn area, bathhouses, or other facilities developed and used exclusively for swimming and diving and consisting of no less then fifteen square feet of water surface area for each three percent of the population of the subdivision with a minimum of eight hundred square feet of water surface area per pool together with an adjacent deck and/or lawn area twice that of the pool.

"Recreation center building" is a facility designed and primarily used for the recreational needs of residents of the development.

The review and determination process shall be carried out in accordance with the provisions of this article.

• (l) Procedure. At the time of approval of the tentative subdivision map having greater than fifty lots, the city council shall determine, pursuant to this article, the land required for dedication. If the city council requires an in-lieu fee payment by the subdivider, the city council will set the amount of land upon which the in-lieu fee will be based at the time of final map approval.

At the time of the filing of the final subdivision map, the subdivider shall dedicate the land as required by the city council. The city council may determine that fees shall be paid in-lieu of, or in addition to the dedication of land, the city council shall set the in-lieu fees amount based on the land dedication requirements as established at the time of tentative map approval using fair market values. The subdivider shall pay said fees in accordance with the following schedule:

• (1) For any subdivision consisting of ten or more lots, fees shall be paid, in their entirety, prior to the issuance of any building permit for any building or structure to be located upon any lot in the subdivision.

• (2) For any subdivision consisting of nine or less lots, fees shall be paid prior to the issuance of any building permit for any building or structure on a lot-by-lot basis.

Open space covenants for private park or recreation facilities shall be submitted to the department prior to approval of the final subdivision map or parcel map and shall be recorded contemporaneously with the final subdivision or parcel map.

• (m) Disposition of fees. In-lieu fees shall be paid to the city treasurer and shall be deposited into a separate fund entitled subdivision park trust fund. Money in said fund, including accrued interest, shall be expended solely for acquisition or development of park land, or improvements related thereto.

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City of Oakdale, CA § 31-57

OAKDALE CITY CODE

§ 31-58

Collected fees shall be committed to projects to serve the residents of the subdivision on which the fees were paid within five years of the payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If such fees are not committed, these fees, less an administrative fee, shall be distributed and refunded to the current owners of record.

At least once a year the city treasurer shall report to the city council and to the parks and recreation department as to the status, income, and expenditures of the subdivision park trust fund.

• (n) Exemptions. The provisions of this article do not apply to commercial or industrial subdivisions; nor do they apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added.

Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this article. This exemption shall be placed as a condition on the approval of such parcel map that if a building permit is required for construction of a residential structure or structures on one or more of the parcels, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.

• (o) Subdivider provided park and recreation improvements. The value of park and recreation improvements provided by the subdivider shall be credited against the fees or dedication of land required by this article. However, all of the requirements found in other parts of this article must remain. The city council reserves the right to approve such improvements prior to accepting any dedication of land, and to require in-lieu fee payments should the land and improvements not be acceptable.

The review and determination process shall be carried out in accordance with the provisions of this article.

• (p) Agency to accept land and fees. Land or fees required under this article shall be conveyed or paid directly to the City of Oakdale. The city shall develop a schedule pursuant to Section 66477 of the Government Code specifying how, when, and where it will use the land or fees, or both to develop park and recreational facilities to serve residents of the subdivision.

• (q) Access. All land offered for dedication to local park or recreational purposes shall have access to at least one existing or proposed public street that will provide access to the park or recreational facility by the time that the facility is completed.

• (r) Sale of dedicated land. If during the ensuing time between dedication of land for park purposes and commencement of first-stage development, circumstances arise which indicate that another site would be more suitable for local park or recreational purposes serving the subdivision and the neighborhood (such as receipt of a gift of additional park land or a change in school location), the land may be sold upon the approval of the city council upon review of a recommendation from the parks and recreation department and commission, with the resultant funds being used for purchase of a more suitable site.

• (a) General. As a condition of approval of a tentative map, a subdivider who develops or completes the development of one or more subdivisions shall dedicate to the school district, within which such subdivisions are to be located, such lands as the city shall deem to be necessary for the purpose of constructing thereon elementary schools necessary to assure the residents of the subdivision adequate

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§ 31-59

public school service.

• (b) Procedure. The requirement of dedication shall be imposed at the time of approval of the tentative map. If within thirty days after the requirement of dedication is imposed by the city, the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to sixty days after the filing of the final map or parcel map on any portion of the subdivision.

• (c) Payments to subdivider for school site dedication. The school district shall, if it accepts the dedication, repay to the subdivider or his or her successors, upon transfer of ownership or an equally agreed upon time frame, the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

  • (1) The cost of any improvements to the dedicated land since acquisition by the subdivider;

  • (2) The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication;

  • (3) Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

• (d) Exemptions. The provisions of this section shall not be applicable to a subdivider who has owned the land being subdivided for more than ten years prior to the filing of the tentative map.

• (a) General. As a condition of approval of a tentative map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this section.

• (b) Standards for reservation of land. Where a park, recreational facility, fire station, library, or other public use is shown on the General Plan, an adopted master plan, or any applicable specific plan, the subdivider may be required by the city to reserve sites as so determined by the city in accordance with the policies and standards contained in the General Plan, any adopted master plan, or any applicable specific plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically infeasible. The reserved area shall be consistent with the General Plan, any adopted master plan, or any applicable specific plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.

• (c) Procedure. The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map or parcel map, enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless the period of time is extended by mutual agreement.

• (d) Payment to subdivider. The purchase price for the reserved area shall be the market value thereof at the time of the filing of the tentative map plus the taxes against the reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan covering the reserved area.

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City of Oakdale, CA § 31-59

OAKDALE CITY CODE

§ 31-61

• (e) Termination. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement in accordance with this section, the reservation of the area shall automatically terminate.

As a condition of tentative subdivision map or parcel map approval, the subdivider may be required to provide for local transit facilities, such as shelters, benches, bus turnouts, park-and-ride facilities, and similar items which directly benefit the subdivision.

The provisions of this section do not apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added.

• (a) Purpose. The purpose of this section is to make provision for assessing and collecting fees as a condition of approval of a final map or as a condition of issuing a building permit for the purpose of defraying the actual or estimated cost of constructing bridges or major thoroughfares pursuant to the Subdivision Map Act, and in order to implement the General Plan.

• (b) Payment of fees generally.

  • (1) Prior to filing a final map which includes land within an area of benefit established pursuant to this division, the subdivider shall pay or cause to be paid any fees established and apportioned to such property pursuant to this section for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons or constructing major thoroughfares.

  • (2) Prior to the issuance of a building permit for construction on any property within an area of benefit established pursuant to this section, the applicant for the permit shall pay or cause to have paid any fees established and apportioned pursuant to this section for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons or constructing major thoroughfares, unless such fees have been paid pursuant to this section.

  • (3) Notwithstanding the provisions of this section:

    • a. Payment of bridge fees shall not be required unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of adoption of the boundaries of the area of benefit. The fees shall not be expended to reimburse the cost of existing bridge facility construction.

    • b. Payment of major thoroughfare fees shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the area of benefit.

• (c) (Reserved)

• (d) Consideration in lieu of fees. Upon application by the subdivider, the city council may accept consideration in lieu of the payment of fees required pursuant to this section; provided that the city council first finds, upon recommendation of the public works director, that the substitute consideration has a value equal to or greater than the fee; and provided further that the substitute

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§ 31-61

consideration is in a form acceptable to the city council.

• (e) Public hearing. Prior to establishing an area of benefit, a public hearing shall be held by the city council at which time the boundaries for the area of benefit, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment, and the fee to be collected, shall be established. Notice of the public hearing shall include preliminary information related to the boundaries of the area of benefit, estimated cost and the method of fee apportionment.

• (f) Amount. The amount of the fees and the areas of benefit established pursuant to this section may be established by ordinance or resolution.

• (g) Exemptions. Notwithstanding, payment of such fees shall not be required for:

  • (1) The use, alteration or enlargement of an existing building or structure or the erection of one or more buildings or structures accessory thereto, or both, on the same lot or parcel of land; provided that the total value, as determined by the Building Official, of all such alteration, enlargement or construction completed within any one year period does not exceed one-half of the current market value, as determined by the building official, of all existing buildings on such lot or parcel of land, and the alteration or enlargement of the building is not such as to change its classification of occupancy as defined by the Uniform Building Code.

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City of Oakdale, CA § 31-62

SUBDIVISIONS

§ 31-65

ARTICLE IX Local Benefit Districts

Whenever the City of Oakdale requires an applicant to install sewer, water or storm drain mains, street and traffic control improvements, or other appurtenant features which benefit property not within the applicant's proposal for development, then upon the request of the applicant, and subject to the requirements of this chapter, the City shall establish a Local Benefit District to apportion the costs of such improvements among the properties benefited.

A Local Benefit District shall not be permitted for improvements consisting of the installation of curb, gutter and sidewalk across the street frontage of the applicant's property and the installation of other street improvements across the frontage of the applicant's property to the centerline of the street.

§ 31-64. Determinations. [Ord. No. 1034, § 1; Ord. No. 1212-12.]

The city manager or his/her appointee shall determine if a Local Benefit District is necessary for oversized utilities or improvements determined to benefit the local area. If he/she determines such district is required, he/she shall determine the properties to be in such District. The city manager or his/her appointee shall prepare a report on his/her determination of the proposed boundaries and file it with the city clerk. The city clerk shall appoint a time and place for hearing protests to the proposed District boundaries and shall give notice of the hearing at least twenty days before the date thereof by mail, postage prepaid, to all persons owning real property proposed to be included within the District, whose names and addresses appear on the last equalized assessment roll for City taxes, or who are known to the clerk.

The notice shall contain:

• (a) A statement of the time, place and purpose for the hearing on the report of the city manager or his her appointee.

• (b) A statement that any person interested may file a protest in writing or personally appear at the hearing to protest the Local Benefit District boundaries, fees or scope of improvements.

At the conclusion of the hearing, the City Council may conform, amend, alter, modify or correct the properties or portions thereof to be included in the Local Benefit District.

All of such properties, including applicant's property, shall be named a Local Benefit District. Thereafter, the applicant shall be entitled to be the recipient (the "Recipient") of District charges collected by the City pursuant to the provisions of this chapter.

• (a) When a Local Benefit District is required, the city manager or his/her appointee shall make a proposed apportionment of costs among the properties in the District as follows:

The city manager or his/her appointee shall determine the amount of costs to be apportioned. Costs shall be apportioned using a method deemed appropriate by the city manager or his/her appointee, and may include, but shall not be limited to, the approach utilized in the Oakdale Capital Facilities Fee Nexus Study, or total acreage within the proposed District, the lineal frontage of all properties

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City of Oakdale, CA § 31-65

SUBDIVISIONS

§ 31-67

within the proposed District, or some reasonable combination of those of other data (e.g. retail, office, mixed use, etc.), in the discretion of the city manager or his/her appointee. "District frontage" shall include planned, but not yet installed major thoroughfares, but shall exclude subdivision or planned development interior streets. Said costs shall be increased by the same percentage as any increase in the Consumer Price Index for San Francisco-Oakland- San Jose from the date the applicant's improvements are accepted by the City, until paid.

• (b) After actual costs have been determined and prior to acceptance of subdivision improvements by the City, the determination by the city manager or his/her appointee of costs and apportionment among the properties in the District shall be filed with the city clerk. The city clerk shall appoint a time and place for hearing protests to the apportionment and shall give notice of the hearing at least twenty days before the date thereof by mail, postage prepaid, to all persons owning the real property proposed to be included within the District, whose names and addresses appear on the last equalized assessment roll for city taxes, or who are known to the clerk.

The notice shall contain:

• (1) A statement of the time, place and purpose of the hearing on the report of the Director of Public Works.

• (2) A statement that any person interested may file a protest in writing or personally appear at the hearing to protest the amount and allocation costs within the District.

The director of finance shall determine the cost to the City in administering each Local Benefit District, and such costs shall be equitably prorated among the properties in the District exclusive of the property of the applicant.

§ 31-67. Imposition and payment of District charges. [Ord. No. 1034, § 1; Ord. No. 1212-12.]

District charges applicable to a given parcel within the District shall be imposed and paid as follows:

• (a) Timing of imposition of LBD charges. The requirement to pay all District charges, including City administrative charges, shall be imposed by the City as a condition of approval of the first "discretionary land use entitlement" on the subject property. The timing of payment of District charges shall be in accordance with subsection (b) of this section. For purposes of this section, "discretionary land use entitlement " includes the approval of any conditional use permit, tentative subdivision map or parcel map, development agreement, mixed use or planned unit development, General Plan amendment, rezoning, pre-zoning, or specific plan for the subject parcel.

• (b) Timing of payment of LBD charges. Notwithstanding the timing of imposition of District charges as set forth in subsection (a), District charges imposed upon residential projects shall be paid at the time of approval of the final map or parcel map, as applicable. In the case of a parcel zoned commercial, retail, office or mixed use which is created by parcel map, all District charges for said parcel shall be paid at the time of issuance of the first building permit on the parcel. Property having less than an even number of acres shall pay an acreage fee prorated in direct proportion to any fractional acreage.

• (c) Exceptions. "Development" shall not include any lot line adjustment, building permit issued by the City or by Stanislaus County for the remodeling of an existing residence, the construction or remodeling of any second unit dwelling, reconstruction of any wholly or partially damaged or demolished structure, or the construction of one single family residence on an existing single parcel

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City of Oakdale, CA § 31-67

OAKDALE CITY CODE

§ 31-67

of land.

• (d) Developed parcels. In the case of a developed parcel for which no discretionary land use entitlements are needed, District charges shall be imposed at the time of application for water or sewer service for said parcel.

• (e) City's discretion to defer payment. For good cause, the City Manager or his/her appointee shall have the discretion to defer payment of fees until the issuance of building permits upon the posting of bonds or other security in a form and amount acceptable to the City Attorney for guaranty of payment of District charges to the Recipient.

• (f) Alternative Payment Arrangements. Nothing in this chapter shall be construed to prohibit a property owner from paying District charges prior to development, as defined herein, or from negotiating directly with the Recipient for an alternative payment arrangement, provided that any such alternative arrangement shall not operate to increase the District charges attributable to any other parcel within the District. The Recipient of District charges pursuant to this chapter may elect to receive credits against development impact fees which would otherwise be due and payable in connection with any projects proposed by the Recipient.

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City of Oakdale, CA § 31-68

SUBDIVISIONS

§ 31-69

ARTICLE X Improvements

The subdivider shall construct all required improvements, both on- and off-site, in accordance with the standard engineering specifications and other approved standards as provided by this chapter and by the city council's resolution or resolutions establishing such standards.

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

• (a) General. All improvements as may be required as conditions of approval of the tentative map or by city ordinance or resolution, together with, but not limited to, the required improvements set forth below shall be required of all subdivisions.

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

Completions of improvements shall be in accordance with this article.

• (b) Frontage improvements. The frontage of each lot shall be improved to its ultimate adopted geometric section, including street structural section, curbs, sidewalks, driveway approaches and transitions.

• (c) Storm drainage. Storm water 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 and shall be capable of collecting and conveying runoff as required by the city's adopted public works department Standard Specifications. 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.

• (d) Sanitary sewers. Each unit or lot within the subdivision shall be served by an approved sanitary sewer system in accordance with the provisions of this Code.

• (e) Water supply. Each unit or lot within the subdivision shall be served by an approved domestic water system, in accordance with the provisions of this Code.

• (f) Utilities. Each unit or lot within the subdivision shall be served by gas, electric, telephone and cable facilities.

• (g) Fencing. Each parcel or lot within the subdivision that is adjacent to property containing a public facility shall have an approved fence adequate to prevent unauthorized access between the properties.

• (h) Railroad crossings. Provision shall be made for any and all railroad crossings necessary to provide access to, or circulation within, the proposed subdivision. This shall include the preparation of all documents necessary for application to the State Public Utilities Commission and other applicable agencies, for the establishment and improvement of such crossing. The cost of such railroad crossing shall be borne by the subdivider.

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City of Oakdale, CA § 31-69

OAKDALE CITY CODE

§ 31-70

• (i) Other improvements. Other improvements, including but not limited to, grading, street lights, fire hydrants, signs, street lines and markings, street trees and shrubs, landscaping, monuments, bicycle facilities, fences, and public transit facilities, or fees in lieu of any of the foregoing, shall also be required as determined by the public works director in accordance with this Code, the General Plan, any applicable specific plan, and city standards and specifications.

• (j) Off-site improvements. If the subdivider 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, the city shall, within one hundred twenty days of recording the final map, acquire by negotiation or commence condemnation of the land. If the city fails to meet the one hundred twenty day time limit, the condition for the construction shall be waived. Prior to approval of the final subdivision map or parcel map, the city may require the subdivider to enter into an agreement to complete the off-site improvements at the time the city acquires title or an interest in the land. The subdivider shall pay the cost of acquiring off-site land or an interest in the land required to construct the off-site improvements.

• (k) Underground utilities. All underground utilities shall be installed in conjunction with the construction of streets or alleys and shall be completed before such streets and alleys are paved. Such underground utilities shall be inspected by the appropriate utility or city representatives prior to covering.

• (a) Parcel map improvements may be deferred when deemed necessary by the public works director. When improvements are deferred, the subdivider and owner of the real property shall enter into an agreement with the city, in form acceptable to the public works director and city attorney, for the installation of all frontage improvements at a time in the future as specified by the city, and approved by the city council. The city clerk shall execute the agreement on behalf of the city. The agreement shall provide for the following:

  • (1) Construction of improvements shall commence within sixty days of the receipt of the notice to proceed from the city and shall be completed within the time specified.

  • (2) That in the event of a default by the subdivider and owner, the city is authorized to cause construction to be done and charge the entire cost and expense to the subdivider and owner, including interest from the date of notice of said cost and expense until paid.

  • (3) That the agreement shall be recorded with the county recorder at the expense of the subdivider and owner and shall constitute notice to all successors and assigns of title to the real property of the obligations set forth therein, and shall also constitute a lien in such amount necessary to fully reimburse the city, including interest as provided above, subject to foreclosure in the event of a default in payment.

  • (4) That in event of litigation occasioned by any default of the subdivider and/or owner, the subdivider and owner shall agree to pay all costs involved, including reasonable attorney's fees, and that the same shall become a part of the lien against the real property. Prevailing parties in any litigation shall be entitled to attorney's fees as set by a court of law.

  • (5) That the terms "subdivider" and "owner" shall include, respectively, not only the subdivider and the present owner of the real property but also heirs, successors, executors, administrators and assigns thereof, it being the intent of the parties that the obligations undertaken shall run with the real property and constitute a lien against it.

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City of Oakdale, CA § 31-70

SUBDIVISIONS

§ 31-72

• (6) Any other provisions required by the city as reasonably necessary to effectuate the purposes and provisions of the Subdivision Map Act and this Code.

The agreement shall not relieve the subdivider and/or owner from any other specific requirements of the Subdivision Map Act, this Code or law. The construction of deferred improvements shall conform to the provisions of this Code, this chapter, and all public works standards and specifications in effect at the time of construction.

Where a remainder is made part of a final subdivision map or parcel map, the subdivider may enter into an agreement with the city to construct improvements within the remainder at some future date and prior to the issuance of a permit or other grant of approval for the development of a remainder. The improvements shall be at the subdivider's expense. In the absence of such an agreement, the city may require fulfillment of the construction requirements within a reasonable time following approval of the final subdivision map or parcel map and prior to the issuance of a permit or other grant of approval for the development of the remainder, upon a finding that fulfillment of the construction requirements is necessary for reasons of:

• (1) The public health and safety, or

• (2) The required construction is a necessary prerequisite to the orderly development of the surrounding area.

• (a) General. The design and layout of all required improvements, both on and off-site, private and public, shall conform to generally accepted engineering standards, standard engineering specifications, the Subdivision Map Act, the General Plan, any applicable specific plan, and applicable provisions of this Code.

• (b) Streets and highways. The street and highway design shall conform both in width and alignment to any adopted streets and highways master plan, or any applicable specific plan and the right-of-way for any such street or highway indicated shall be dedicated.

  • (1) The street and highway design shall conform to any proceedings affecting the subdivision, which may have been initiated by the city council or approved by the council upon initiation by other legal constituted bodies of the city, county or state. If a parcel of land to be subdivided includes a portion of the right-of-way to be acquired for public freeway or parkway, and the council shall determine the boundaries of the right-of-way to be acquired, the subdivider shall either dedicate or withhold from subdivision all the area included in the right-of-way.

  • (2) The street system in the proposed subdivision shall relate functionally to the existing streets in the area adjoining the subdivision.

  • (3) The centerlines of all streets wherever practicable shall be the continuation of the centerline of existing streets, or shall be off-set at least one hundred fifty feet.

  • (4) Street intersections shall be required to be as near to a right angle as is practicable.

  • (5) Cul-de-sac or dead-end streets shall not be more than five hundred feet in length, measured from the centerline of the intersecting street. Where necessary to give access to or permit a satisfactory future subdivision of adjoining land, streets shall extend to the boundary of the property, and the resulting dead-end streets may be approved with a turnaround. In all other

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City of Oakdale, CA § 31-72

OAKDALE CITY CODE

§ 31-74

cases, a turnaround, having a minimum curb radius of forty-five feet, or a comparable area in another form shall be required, separated to a depth of one building lot from the exterior boundary line or other topographical feature of the subdivision.

• (6) The centerline curve radius of all streets and highways shall conform to accepted engineering standards of design and shall be subject to the approval of the public works director.

• (7) No street or highway shall have a grade of more than six percent, except when approved by the public works director.

• (8) All street names shall be reviewed by the community development department. Duplication of existing names within the city will not be allowed unless the streets are obviously in alignment with existing streets and likely to sometime be a continuation of the other street.

• (9) No part width streets will be allowed in any subdivision.

• (10) Streets and highways not shown on any master streets and highways plan, or applicable specific plan, or not affected by proceedings initiated by the Council, shall not be of less width than those set forth within public works standard specifications. Increased widths may be required when streets are to serve commercial property or when warranted by probable traffic conditions. Approval or determination of the required width, in the absence of an approved streets and highways master plan, or specific plan, shall be made by the public works director.

• (c) Alleys. Alleys of not less than twenty feet in width may be required at the rear of all lots fronting on major or secondary highways, except where service or frontage roads are provided abutting the highway for ingress and egress for such lots abutting the highway. Such alleys, may likewise be required at the rear of lots designed for business or multiple family purposes.

• (d) Blocks.

  • (1) Block lengths shall not exceed one thousand feet unless existing conditions warrant a variance. Long blocks along major thoroughfares and highways are desirable to reduce the number of intersections.

  • (2) Block width shall be of sufficient width to permit the platting of two tiers of lots, of normal depth.

Private streets shall not normally be permitted. However, if the planning commission, in the case of tentative subdivision maps, or the subdivision committee, in the case of tentative parcel maps, determines that the most logical development of the land requires that lots be created with access to private streets, such a development may be approved. The subdivider shall submit a development plan showing the alignment width, grade, and material specifications of any proposed private street, the topography and means of access to each lot, and the drainage, sewer and water service and fire protection for the lots served by such private street. The private street shall be constructed in accordance with standard engineering specifications and any other applicable plans and specifications of the city as approved by the public works director. Construction of the private street shall be completed prior to the completion of the construction and/or occupancy of the lots. The subdivider shall be required to provide a feasible method for the maintenance of such private streets, which method shall be subject to the prior approval of the public works director and city attorney.

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City of Oakdale, CA § 31-74

SUBDIVISIONS

§ 31-77

All lots or parcels created shall have access to an improved public street, unless otherwise provided in this article.

When a subdivision is developed adjacent to a major thoroughfare as designated in the General Plan, or any applicable specific plan, the approving body may require the subdivider to dedicate and improve a frontage road to provide controlled access points and limit curb cuts, or to create back-up lots with frontage upon interior local streets. In such cases, the approving body may require special landscaping of pedestrian areas, and wall designs which reduce traffic noise, enhance traffic safety, and improve neighborhood aesthetic conditions. The specifications, dimensions and materials for such streetscaping and wall treatments shall be determined on a project-by-project basis subject to the streetscaping design guidelines available through the community development department.

In all such projects, the improvements shall be in the public right-of-way or subject to a permanent maintenance easement providing for the city access. A benefit area will be established for each subdivision in order to assess benefiting properties for provision of on-going maintenance of the public improvements by the city.

Reserved strips, controlling the access to public ways or which will prove taxable for special improvements, will not be approved unless such strips are necessary for the protection of the public welfare or of substantial property rights, or in no case except where the control and disposal of the land comprising strips is placed definitely within the jurisdiction of the city under conditions required by the planning commission.

The subdivider shall grant easements for the purpose of installing utilities, planting strips, slope protection and for other public purposes, and in conformance with the public works department Standard Specifications.

§ 31-76. Service roads. [Ord. No. 1034, § 1.]

When the front of any lot proposed for commercial, office, or industrial usage fronts on a major thoroughfare or any lot fronts on a freeway, the subdivider may be required to dedicate and improve a service road for use as off-street parking and provide ingress to and egress from such lots.

• (a) General. Improvement plans shall be prepared under the direction of and signed by a registered civil engineer licensed by the State of California.

Improvement plans shall include, but shall not be limited to, all improvements required pursuant to the provisions of this article.

• (b) Form.

  • (1) Plans, profiles and details shall be legibly drawn, printed or reproduced on twenty-four inch by thirty-six inch sheets. A border shall be made on each sheet providing one-half inch at top, bottom and right side and one and one-half inch on the left side.

  • (2) A suitable title block shall be placed in the lower right corner or along the right edge and provide adequate space for approval by the public works director and for approval of plan revisions.

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City of Oakdale, CA § 31-77

OAKDALE CITY CODE

§ 31-77

• (3) Plans and profiles shall be drawn to the scale of one inch equals forty feet or larger unless approved otherwise by the public works director. 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.

• (4) A vicinity map shall be shown on the first sheet of all sets of plans.

• (5) A north arrow shall be shown on each sheet when applicable.

• (6) Plans shall be laid out to orient north to the top or right edge of the sheet unless approved otherwise by the public works director.

• (7) All lettering shall be one-eighth inch minimum.

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

The form of all plans shall conform to additional requirements as may be established by the public works director. The final form of all plans shall be approved by the public works director.

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

Reference may be made to city of Oakdale or State Standards Plans in lieu of duplicating the drawings.

• (d) Supplementary plans and calculations. Hydrology, hydraulic plans and calculations, bond or other security estimates and any structural calculations as may be required, shall be submitted with the improvement plans to the public works director. All calculations shall be legible, systematic and signed and dated by a registered civil engineer licensed by the State of California and in a form approved by the public works director.

• (e) Geotechnical reports.

  • (1) Three copies of an engineering soils report and engineering geology report, prepared by a civil engineer and engineering geologist registered in the state and based upon adequate borings, shall be submitted to the city building official for subdivisions of five or more parcels. The city building official may require that such reports be submitted for subdivisions of four or less parcels.

• (2) If the city has knowledge of, or the soils and geology reports indicate, the presence of soil or geologic conditions which, if corrective measures are not taken, could lead to structural defects, a soils and/or geologic investigation of each lot in the subdivision may be required by the city building official. Such soils and/or geologic investigation shall meet State of California soil testing standards and shall be done by a civil engineer and/or geologist registered in the state who shall recommend regarding the adequacy of the sites to be developed by the proposed grading and the effect of the soil or geologic conditions on the proposed development. The city may approve the subdivision, or portion thereof, where soils or geologic problems exist if the city determines that the recommended actions provide for procedures and design criteria for corrective measures as necessary covering the structures and adequacy of the sites to be developed by the proposed grading. A condition of the issuance of any building permit may require that the approved recommended action be incorporated in the grading plans and/or specifications and, if necessary, the plans and specifications for the construction of each

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City of Oakdale, CA § 31-77

SUBDIVISIONS

§ 31-77

structure.

• (3) Geotechnical reports must also comply with applicable city administrative policies and standards.

• (f) Review by the public works department. The subdivider shall submit the improvement plans and all computations to the public works department for review. Upon completion of the review, one set of the preliminary plans, with any required revisions indicated, will be returned to the subdivider.

• (g) Plan checking costs. Costs incurred by the city for the checking of plans or calculations shall be borne by the subdivider. A deposit, as determined by the public works director in accordance with the charge rates set by city council resolution, shall be submitted to the department at such time as the improvement plans and computations are submitted.

• (h) Approval by the public works director. After completing any required revisions, the subdivider shall transmit the originals of the improvement plans to the public works director for signature.

Upon finding that any required revisions have been made and that the plans conform to all applicable city ordinances and plans, design requirements and conditions of approval of the tentative map, the public works director shall sign and date the plans. The public works director may make a reproducible set of the plans for use by the city. The originals will be returned to the subdivider.

Approval of the improvement plans shall not be construed as approval of the gas, electric, telephone and cable television service construction plans.

Approval by the public works director shall in no way relieve the subdivider or the subdivider's engineer from responsibility for the design of the improvements and for any deficiencies resulting from the design or from any required conditions of approval of the tentative map.

• (i) Revision to approved plans.

• (1) By subdivider. Requests by the subdivider for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the public works director or authorized representative and shall be accompanied by revised drawings showing the proposed revisions. If the revision is acceptable to the public works director and consistent with the tentative subdivision map or tentative parcel map, the originals shall be submitted to the public works department for initialing. The originals shall be returned to the subdivider and the revised plans shall be immediately transmitted to the public works director. Construction of any proposed revision will not be permitted to commence until revised plans have been received and approved by the public works director.

  • (2) By public works director. When revisions are deemed necessary by the public works director to protect the public health and safety, or as field conditions may require, a request in writing shall be made to the subdivider. The subdivider shall revise the plans and transmit the originals to the public works director for initialing within the time specified by the public works director.

Upon receipt of the initialized originals, the subdivider shall immediately transmit revised drawings to the public works director. Construction of all or any portion of the improvements may be stopped by the public works director until revised drawings have been submitted.

The subdivider may appeal revisions required by the public works director to the city council by filing an appeal in writing with the city administrator within ten days following receipt of the request to revise the plans.

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City of Oakdale, CA § 31-77

OAKDALE CITY CODE

§ 31-79

• (3) Plan checking and inspection costs for revisions. Costs incurred by the city for the checking of plans or calculations or inspection as a result of revisions to the approved plans shall be borne by the subdivider. A deposit, as determined by public works director in accordance with the charge rates set by city council resolution, shall be submitted with the revised plans and applied toward the actual costs.

The improvement agreement shall be prepared by the public works director and approved as to form by the city attorney. The agreement shall provide for:

• (a) Construction of all required on-site and off-site improvements according to the approved plans and specifications on file with the public works director.

• (b) Completion of improvements within the time specified by this article.

• (c) Right of the city to modify plans and specifications and to require the subdivider to pay for modifications.

• (d) Warranty by the subdivider that construction will not adversely affect any portion of adjacent properties.

• (e) Payment of inspection deposit in accordance with the city's resolution establishing applicable charge rates.

• (f) Payment of in-lieu fees for undergrounding of utilities on peripheral streets.

• (g) Payment of planned drainage facility fees.

• (h) Improvement security.

• (i) Maintenance and repair of any defects or failures and their causes.

• (j) Release and indemnification of the city from all liability incurred in connection with the development and payment of all reasonable attorneys' fees that the city may incur because of any legal action or other proceeding arising from the development.

• (k) Proof of insurance in the form of general liability coverage, automobile liability, workers compensation insurance, employer's liability, and course of construction coverage.

• (l) Any other deposits, reimbursements, fees or conditions as required by city ordinance or resolution and as may be required by the public works director.

• (m) Any other provisions required by the city as reasonably necessary to effectuate the purposes and provisions of the Subdivision Map Act and this Code.

• (a) General. Any improvement agreement, contract or act required or authorized by the Subdivision Map Act or this chapter, for which security is required, shall be approved by the public works director and city attorney and secured in accordance with the Subdivision Map Act and as provided below.

No final map or parcel map shall be signed by the public works director or recorded until all improvement securities required by this section have been received and approved. Prior to the

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City of Oakdale, CA § 31-79

SUBDIVISIONS

§ 31-79

construction of improvements identified within a deferred improvement agreement, all improvement security shall be first received and approved.

• (b) Form of security. 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 city or a responsible escrow agent or trust company, at the option of the city, of money or negotiable bonds of the kind approved for security deposits of public monies.

  • (3) An instrument of credit or letter of credit 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.

  • (4) Any other form of security as provided in the Subdivision Map Act.

• (c) Amount of security. A performance bond or other security in the amount of one hundred percent of the total estimated construction cost to guarantee the construction or installation of all improvements shall be required of all subdivisions. An additional amount of fifty percent of the estimated construction cost shall be required to guarantee payment to subdividers contractor, subcontractors, and to persons furnishing labor, materials or equipment for the construction or installation of improvements. In addition, a warranty bond in the amount of twenty-five percent of total construction cost shall be provided to guarantee the improvements against any defective work, or labor done, or defective materials used in the performance of the improvements during and following completion and acceptance of the improvements.

As a part of the obligation guaranteed by the security and in addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorneys' fees, incurred by the city in enforcing the obligations secured.

The estimate of the improvements costs shall be as approved by the public works director and shall provide for:

• (1) Not less 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 public works director from the utility company that adequate security has been deposited to ensure installation.

• (d) Off-site security. The subdivider shall deposit with the city an amount as required by the public works director, not to exceed one percent of the total estimated construction cost. The deposit may be used at the discretion of the city to correct deficiencies and conditions caused by the subdivider, contractor or subcontractors that may arise during or after the construction of the subdivision. Any unexpended amount will be returned to the subdivider at the time all bonds and other security are released.

• (e) Warranty security. Prior to the public works director signing the final subdivision map or parcel map, or recordation thereof, the subdivider shall provide security in the amount of twenty-five percent of the cost of the construction of the improvements to guarantee the improvements against any defective work or labor done or defective materials used in the performance of the improvements throughout the warrant period. The warrant period shall be the time during which construction is taking place and

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City of Oakdale, CA § 31-79

OAKDALE CITY CODE

§ 31-81

shall be extended for a period of one year following completion and acceptance of the improvements.

• (f) Reduction in performance security. Upon the request of the developer, the public works director may authorize in writing the release of a portion of the security in conjunction with the acceptance or 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 ten percent of the total improvement security given for faithful performance. The amount of reduction of the security shall be determined by the public works director; however, in no event shall the public works director authorize a release of the improvement security which would reduce security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by the Subdivision Map Act, this Code or the improvement agreement.

• (g) Release of improvement security.

  • (1) Performance security. 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 public works director. If a warranty security is not submitted, performance security shall be released twelve months after acceptance of improvements and correction of all warranty deficiencies.

  • (2) Material and labor security. Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment may, six months after the completion and acceptance of the improvements by the city, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the city council. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given.

  • (3) Warranty security. The warranty security shall be released upon satisfactory completion of the warranty period, provided:

• a. All deficiencies appearing on the warrant deficiency list for the subdivision have been corrected.

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