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Title 16 — SUBDIVISIONS

Article 2 — Supplementary Documents

Orinda Municipal Code · 2026-09 edition · updated 2026-09-29 · Orinda

16.28.140 - Approval of supplementary documents.

The final map or parcel map shall be accompanied by the documents designated in Sections 16.28.150 through 16.28.200, which shall be approved by proper authorities before the final map or parcel map is approved. A soil report conforming to the requirements of Section 16.28.230 of this title may be required by the advisory agency as a condition of approval of the tentative map for a subdivision of four lots or less. (CCCC§ 94-4.402)

16.28.150 - Subdivision agreement.

A subdivision agreement shall be executed by the subdivider or his or her agent guaranteeing the completion of construction of improvements required by the city code and reviewed plans within a

specified time, and payment therefor. The subdivision agreement shall guarantee that all street and storm drain improvements and equipment deemed necessary for the use of such subdivision or the proper drainage thereof and including, but not limited to, street surfacing, sidewalk, curbs, culverts, bridges, and storm drains shall be free from defects of material or workmanship and shall perform satisfactorily for a period of at least one year from and after the City Council declares such improvements are complete. The subdivider shall agree to repair any defect in any such improvement and to replace any defective improvement which cannot be repaired and which occurs within the one-year period, at his or her own expense. The one-year guarantee period shall not apply to the improvement of a private road, which is to remain a private road. (CCCC§ 94-4.404)

16.28.160 - Cash deposit and performance security.

A cash deposit, equal to one percent of the estimated cost of construction of the improvements, but not less than one thousand dollars ($1,000.00), shall be required, together with such additional security in the form of cash deposit, acceptable surety bond, or acceptable instrument of credit equivalent to the estimated cost of the improvement or the act to be performed, minus the cash deposit, guaranteeing performance of all work and repair of any defect in the improvement which occurs within one year of the acceptance of the work as complete, as set forth in the subdivision agreement. When there are no public improvements involved and the total cost of the private road improvements is less than one thousand dollars ($1,000.00), the agreement shall be secured by a cash deposit in the full amount of the estimated cost. Upon acceptance of the work as complete, a new acceptable security guaranteeing the repair of any defective work may be substituted for the performance security. The new security shall include the cash deposit described above and shall be not less than the cash deposit or fifteen (15) percent of the estimated cost of the construction of the improvements, whichever amount is greater, and shall be retained for the one-year guarantee period. (CCCC§ 94-4.406)

16.28.170 - Payment security.

Security in the form of cash deposit, acceptable surety bond, or acceptable instrument of credit equivalent to fifty (50) percent of the estimated cost of the improvement or the performance of the required act, shall be required to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials equipment to them for the improvement or the performance of the required act. Six months after the acceptance of the work as complete, the payment security may be reduced to an amount not less than the total of all claims on which an action has been filed and notice thereof given in writing to the legislative body; and if no such actions have been filed, the security may be released in full. (CCCC§ 94-4.408)

16.28.180 - Fee payment evidence.

Evidence of cash payment of all fees required for the checking and filing of maps, review of the improvement plans, inspection of the construction, park dedication fees, road, bridge or storm drainage improvement area fees, fire hydrant rental fee and lighting fees shall be required. (CCCC§ 94-4.410)

16.28.190 - Deed for easement or rights-of-way.

Easement or rights-of-way required for road or drainage purposes which have not been dedicated on the final map or parcel map shall be deeded. Written evidence acceptable to the city in the form of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility shall be required. (CCCC§ 94-4.412)

16.28.200 - Joint use of right-of-way agreement.

Agreements, acceptable to the city, executed by all owners of all utility and other easements within proposed rights-of-way, consenting to the dedication of the road or consenting to the joint use of the right- of-way, as may be required by the city for the public use and convenience of the road, shall be required. (CCCC§ 94-4.414)

16.28.210 - Supplementary documents—Final maps only.

In addition to those documents specified in Sections 16.28.140 through 16.28.200, the final map shall be accompanied by the documents designated in Sections 16.28.220 and 16.28.230, which shall be approved by appropriate authorities before the final map is approved. (CCCC§ 94-4.416)

16.28.220 - Tax letter—Security.

A letter from the Tax Collector showing that all payable taxes and special assessments have been paid and giving his or her estimate of taxes and assessments not yet payable and, as applicable, an acceptable surety bond or acceptable instrument of credit for their payment (where required by Government Code Section 66492) shall be filed with the Clerk of the City Council. (CCCC§ 94-4.418)

16.28.230 - Soil report.

Two copies of a preliminary soil investigation report to the Building Inspection Department shall be required unless waived because the Building Inspection Department has determined that, due to the knowledge it has of the soil qualities within the subdivision, no preliminary analysis is necessary. The report shall indicate the presence of any critically expansive soils or any other soil problems which, if not corrected, may lead to defects in structures, buildings or other improvements. If the report indicates such soil problems, it shall further report on an investigation of each lot of the subdivision, including

recommended corrective action which is likely to prevent structural damage to each building, structure, or improvement to be constructed. It shall also report on the suitability of the earth material for construction of stable embankments and excavation slopes, including those necessary for any artificial or natural drainage channel; recommendations for construction procedures to obtain required stability; maximum design velocities for any natural or artificial drainage channel; and any other geologic features, slides, unstable soil conditions, springs and seepage conditions, erosion control planting, or drainage facilities to enable proper development of the subdivision. The preliminary soil report shall be prepared on eight and one-half inch by eleven (11) inch paper of durable quality and any map or document which accompanies the report shall be of a convenient size and scale to told to eight and one-half inches by eleven (11) inches. If the Building Inspector, or his or her designated representative, determines that the report is complete and the recommended actions and procedures contained in the report are likely to prevent structural damage to buildings, structures or improvements to constructed within the subdivision, he or she shall approve the report and shall certify on the final map or parcel map that a preliminary soil investigation report has been prepared, together with the date of the report and the name of the soil engineer preparing the report and shall state that the report has been approved and is on file in the Building Inspection Department. The recommended actions and procedures contained in the report shall become a condition of approval and shall be incorporated in the development of the subdivision. (CCCC§ 94-4.420)

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▸Contents — Orinda Municipal Code
Orinda Municipal Code
  1. Title 1 — GENERAL PROVISIONS
  2. Title 2 — ADMINISTRATION AND PERSONNEL
  3. Title 3 — REVENUE AND FINANCE
  4. Title 5 — BUSINESS LICENSES AND REGULATIONS
  5. Title 6 — ANIMALS
  6. Title 8 — HEALTH AND SAFETY
  7. Title 9 — PUBLIC PEACE, MORALS AND WELFARE
  8. Title 10 — VEHICLES AND TRAFFIC
  9. Title 12 — STREETS, SIDEWALKS AND PUBLIC PLACES
  10. Title 13 — PUBLIC SERVICES
  11. Title 15 — BUILDINGS AND CONSTRUCTION
  12. ▸Title 16 — SUBDIVISIONS
  13. Title 17 — ZONING
  14. Title 18 — CLEAN WATER, DRAINAGE AND RELATED RIPARIAN HABITAT …
  15. Title 19 — CODE COMPLIANCE

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