Article 10 — Improvements

Sec 10-1.1001. - General.

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

No final map shall be presented to the Council or parcel map to the City Engineer for approval until the subdivider either completes the required improvements or enters into an agreement with the City agreeing to do the work.

(§ 7, Ord. 456-85, eff. December 25, 1985)

(a)

General. All improvements as may be required as conditions of approval of the tentative map or City ordinance, together with, but not limited to, the improvements set forth in this section shall be required for all subdivisions.

Requirements for the construction of on-site and of-site improvements for subdivisions of four (4) or less parcels shall be noted on the parcel map, or waiver of parcel map, or the subdivision improvement agreement recorded prior to or concurrent with the parcel map.

The completion of improvements shall be in accordance with Section 10-1.1010 of this article.

(b)

Frontage improvements. The frontage of each lot shall be improved to its ultimate adopted geometric section, including street structural sections, curbs, sidewalks, driveway approaches, and transitions, except as otherwise approved by resolution or administrative policy.

(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 the ultimate development of the watershed. The storm drain system shall provide for the protection of abutting and off-site properties which 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, unless a septic tank is approved by the City Engineer.

(e)

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

(f)

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

(f-1)

Underground utilities.

(1)

All existing and proposed utilities within the subdivision and along peripheral streets shall be placed underground, except those facilities exempted by Public Utilities Commission regulations. Undergrounding shall be required for overhead lines on either side of the peripheral streets.

(2)

The developer may request that the undergrounding requirement along peripheral streets be waived by the Planning Commission. The Planning Commission, at its discretion, may accept a fee in lieu of the undergrounding. The amount of the fee shall be determined by the City Engineer and shall be based upon the reasonable estimated cost of that portion of a future undergrounding project attributable to the subdivision. The requirement for undergrounding or the acceptance of an in-lieu undergrounding fee shall be a condition of approval of the tentative map.

(3)

Undergrounding requirements may be waived or modified by the City Engineer only upon finding that:

(i)

The subdivision is within an area where existing utilities have not been undergrounded and that deferral will be allowed since undergrounding is impractical due to physical constraints or the surrounding neighborhood is absent of similar improvements; and

(ii)

Overhead utilities will have no significant visual impact.

(4)

If the undergrounding requirement is waived as allowed by the findings set forth in subsection (3) of this subsection, the in-lieu fee as established by the City Engineer shall be made a condition of the approval of the tentative map.

(5)

In-lieu fees shall be deposited in a special undergrounding account to be used as approved by the Council for the future undergrounding of utilities throughout the City.

(g)

Other improvements. Other improvements, such as street lights, fire hydrants, signs, street trees, monuments, and smoke detectors, shall also be required as determined by the City Engineer in accordance with City Standards and Specifications.

(h)

Off-site improvements. If the subdivider is required to construct off-site improvements on land in which neither the City nor the subdivider has sufficient title or interest to allow construction, the City, within 120 days after recording the final map, shall acquire by negotiation or commence the condemnation of the land. If the City fails to meet the 120-day time limit, the condition for the construction shall be waived. Prior to the approval of the final map, the City may require the subdivider to enter into an agreement to complete the off-site improvements at the time the City acquired title or interest in the land interest in the land.

The subdivider shall pay the cost of aquiring the off-site property of interest in the land required to construct the off-site improvements.

(§ 7, Ord. 456-85, eff. December 25, 1985)

(a)

Subdivisions of four (4) or less parcels. The frontage improvements along existing peripheral streets may be deferred when deemed necessary by the City Engineer. When improvements are deferred, the subdivider shall enter into an agreement with the City for the installation of all frontage improvements at a time in the future as specified by the City. The agreement shall provide:

(1)

That the construction of the improvements shall commence within ninety (90) days after the receipt of the notice to proceed from the City;

(2)

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

(3)

That the agreement shall be recorded in the office of the County Recorder at the expense of the owner and shall constitute notice to all successors and assigns of the title to the real property of the obligation set forth, and also a lien in an amount to fully reimburse the City, including interest as set forth in subsection (2) of this subsection, subject to foreclosure in event of default in payment;

(4)

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

(5)

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

The agreement shall not relieve the owner from any other specific requirements. The construction of deferred improvements shall conform to the provisions of this chapter and all applicable provisions of this Code in effect at the time of construction.

(b)

Remainders. Where remainders are made a part of a final 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 parcel. The

improvements shall be at the subdivider's expense. In the absence of an agreement, the City may require the fulfillment of the construction requirements within a reasonable time following the approval of the map upon a finding that the 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.

(§ 7, Ord. 456-85, eff. December 25, 1985)

(a)

General. The design and layout of all required improvements, both on-site and off-site, private and public, shall conform to the generally acceptable engineering standards and to the standards approved by the City Engineer.

(b)

Energy conservation. The design of a subdivision for which a tentative map is required shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

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

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

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

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

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

(§ 7, Ord. 456-85, eff. December 25, 1985)

All lots or parcels created shall have access to a public street improved to the standards set forth in this article. Private streets shall not normally be permitted. However, if the Planning Commission 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 and sewerage of the lots served by such private street. The construction of the private street, as approved by the City Engineer, shall be completed prior to the completion of the construction and/or occupancy of the lots. The developer shall be required to provide a feasible method for the maintenance of such private streets.

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

(§ 7, Ord. 456-85, eff. December 25, 1985)

(a)

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

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

(b)

Form. Plans, profiles, and details shall be legibly drawn, printed, or reproduced on twenty-four (24″) inch by thirty-six (36″) inch sheets. A border shall be made on each sheet providing one-half (½″) inch at the top, bottom, and right side and one and one-half ( 11/2 ″) inches on the left side.

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 City Engineer and for the approval of plan revisions.

Plans and profiles shall be drawn to the scale of one inch equals forty (40′) feet or larger, unless approved by the City Engineer. Details shall be drawn to such scale that clearly shows the facility being constructed. The scales for various portions of the plans shall be shown on each sheet.

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

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

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

All lettering shall be one-eighth (⅛″) inch minimum.

If the plans include three (3) or more sheets, a cover sheet showing the streets, lots, easements, storm drains, index, and vicinity map shall be included.

The final form of all plans shall conform to additional requirements as may be established by the City Engineer. The final form of all plans shall be approved by the City Engineer.

(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, County, or State Standard Plans in lieu of duplicating the drawings.

(d)

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

(e)

Review by the City Engineer. The subdivider shall submit the improvement plans and all computations to the City Engineer for review. Upon the completion of the review, one set of the preliminary plans, with any required revisions indicated, shall be returned to the subdivider's engineer.

(f)

Approval by the City Engineer. After completing any required revisions, the subdivider's engineer shall transmit the originals of the improvement plans to the City Engineer for signature.

Upon finding that any required revisions have been made and that the plans conform to all applicable City laws, plans, design requirements, and conditions of approval of the tentative map, the City Engineer shall sign and date the plans. The originals shall be returned to the subdivider's engineer.

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

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 deficiencies resulting from the design, or from any required condition of approval of the tentative map.

(g)

Revision to approved plans.

(1)

By the subdivider. Requests by the subdivider or the engineer for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the City Engineer or authorized representative and shall be accompanied by revised drawings showing the proposed revision. If the revision is acceptable to the City Engineer and consistent with the tentative map, the originals shall be submitted to the City Engineer's office for initialing. The originals shall be returned to the subdivider's

engineer, and the revised plans shall be immediately transmitted to the City Engineer. The construction of any proposed revision will not be permitted to commence until the revised plans have been received and approved by the City Engineer.

(2)

By the 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 in writing shall be made to the subdivider and engineer. The subdivider's engineer shall revise the plans and transmit the originals to the City Engineer for initialing within the time specified by the City Engineer.

Upon the receipt of the initialed originals, the subdivider's engineer shall immediately transmit the revised drawings to the City Engineer. The construction of all or any portion of the improvements may be stopped by the City Engineer until revised drawings have been submitted.

The subdivider may appeal revisions required by the City Engineer to the Council by filing an appeal with the City Clerk within seven (7) working days following the receipt of the request to revise the plans.

(3)

Plan-checking and inspection costs for revisions. Costs incurred by the City for the checking of plans or calculations or inspections as a result of revisions to the approved plans shall be borne by the subdivider at the actual cost. A deposit, when required, shall be submitted with the revised prints and applied toward the actual costs.

(§ 7, Ord. 456-85, eff. December 25, 1985)

The improvement agreement shall be prepared and signed by the City Engineer and approved as to form by the City Attorney. The agreement shall provide for:

(a)

The construction of all improvements according to the approved plans and specifications on file with the City Engineer;

(b)

The completion of improvements within the time specified by Section 10-1.1010 of this article;

(c)

The right of the City to modify plans and specifications;

(d)

A warranty by the subdivider that construction will not adversely affect any portion of adjacent properties;

(e)

The payment of inspection fees in accordance with the City's resolution;

(f)

The payment of in-lieu fees for the undergrounding of utilities on peripheral streets;

(g)

The payment of planned drainage facility fees;

(h)

Improvement security as required by this article;

(i)

The maintenance and repair of any defects or failures and their causes;

(j)

The release of the City from all liability incurred by the development and payment of all reasonable attorney's fees the City may incur because of any legal action arising from the development; and

(k)

Any other deposits, fees, or conditions as required by City laws or resolutions and as may be required by the City Engineer.

(§ 7, Ord. 456-85, eff. December 25, 1985)

(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 secured in accordance with Section 66499 of the Subdivision Map Act and as provided in this section.

No final map or parcel map shall be signed by the City Engineer or be recorded until all the improvement securities required by this section have been 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)

A 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 securing deposits of public moneys; and

(3)

An instrument 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.

The form of the bond or bonds shall be in accordance with Sections 66499.1, 66499.2, 66499.3, and 66499.4 of the Subdivision Map Act.

(c)

Amount of security. A performance bond or security in the amount of 100% of the estimated construction cost to guarantee the construction or installation of all improvements shall be required for all subdivisions. An additional amount of fifty (50%) percent of the estimated construction cost shall be required to guarantee the payment to the subdivider's contractor, to subcontractors, and to persons furnishing labor, materials, or equipment for the construction or installation of improvements.

The estimate of improvement costs shall be as approved by the City Engineer and shall provide for:

(1)

Not less than five (5%) percent nor more than ten (10%) percent of the total construction cost for contingencies;

(2)

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

(3)

All utility installation costs or a certification acceptable to the City Engineer from the utility company that adequate security has been deposited to ensure installation; and

(4)

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

(d)

Cash bonds. The subdivider shall deposit with the City not less than One Thousand and no/100ths ($1,000.00) Dollars cash for subdivisions or four (4) or less parcels and Three Thousand and no/l00ths ($3,000.00) Dollars for other subdivisions, or an additional amount as required by the City Engineer, not to exceed one percent of the construction cost. The deposit may be used at the discretion of the City to correct deficiencies and conditions caused by the subdivider or contractor which may arise during or after the construction of the subdivision. Any unexpended amount will be returned to the subdivider at the time all bonds are released.

(e)

Warranty security. Upon the acceptance of the subdivision improvements by the City, the subdivider shall provide security in the amount as required by the City Engineer to guarantee the improvements against any defective work or labor done or defective materials used in the performance of the improvements throughout the warranty period, which shall be the period of one year following the completion and acceptance of the improvements. The amount of the warranty security shall not be less than ten (10%) percent of the cost of the construction of the improvements, including the cash bond which shall be retained for the one-year warranty period. In hillside areas, the warranty security shall not be less than fifty (50%) percent of the construction cost of improvements.

(f)

Reduction in performance security. The City Engineer may authorize in writing the release of a portion of the security in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work progresses upon an application by the subdivider, but in no case shall the security be reduced to less than ten (10%) percent of the total improvement security given for faithful performance. The amount of reduction of the security shall be determined by the City Engineer; however, in no event shall the City Engineer authorize a release of the improvement security which would reduce the security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by this chapter, the Subdivision Map Act, or the improvement agreement.

(g)

Release of improvement securities.

(1)

Performance security. The performance security shall be released only upon the acceptance of the improvements by the City and when an approved warranty security has been filed with the City Engineer. If warranty security is not submitted, the performance security shall be released twelve (12) months after the acceptance of the improvements and the correction of all warranty deficiencies.

(2)

Material and labor security. Security given to secure payment to the contractor, subcontractors, and persons furnishing labor, materials, or equipment may be reduced, six (6) months after the completion and acceptance of the improvements by the Council, to an amount equal to the amount of all claims therefor filed and of which notice has been given to the 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 the satisfactory completion of the warranty period provided:

(i)

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

(ii)

Not less than twelve (12) months have elapsed since the acceptance of the improvements by the Council.

(§ 7, Ord. 456-85, eff. December 25, 1985)

The construction methods and materials for all improvements shall conform to the Standard Plans and Specifications of the City. The general provisions of the City's Standard Specifications shall apply to the subdivider where applicable.

Construction shall not commence until required improvement plans have been approved by the City Engineer. All improvements shall be subject to inspection by the City Engineer or authorized personnel in accordance with the City's approved specifications.

(§ 7, Ord. 456-85, eff. December 25, 1985)

(a)

Subdivisions of five or more parcels. The subdivision improvements shall be completed by the subdivider within twenty-four (24) months or a time as approved by the City Engineer, not to exceed thirty-six (36) months, after the recording of the final map, unless an extension is granted by the Council.

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

(b)

Subdivisions of four or less parcels. The completion of the improvements will not be required until a permit or other grant of approval for the development of any parcel within the subdivision is applied for. The completion of the improvements may be required by a specified date by the City when the completion of the improvements is found to be necessary for the public health or safety or for the orderly development of the surrounding area. This finding shall be made by the City Engineer or authorized representative. The specified date, when required, shall be stated in the subdivision improvement agreement. The improvements shall be completed prior to the final building inspection or occupancy of any unit within the subdivision.

(c)

Extensions. The completion date may be extended by the Council for subdivisions of five (5) or more parcels and by the City Engineer for subdivisions of four (4) or less parcels upon a written request by the developer and the submittal of adequate evidence to justify the extension. The request shall be made not less than thirty (30) days prior to the expiration of the subdivision improvement agreement.

The subdivider shall enter into a subdivision improvement agreement extension with the City. For subdivisions of five (5) or more parcels, the agreement shall be prepared and signed by the City Engineer, approved as to form by the City Attorney, executed by the subdivider and surety, and transmitted to the Council for consideration. If approved by the Council, the Mayor shall execute the agreement on behalf of the City.

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

(1)

Revisions of improvement plans to provide for the current design and construction standards when required by the City Engineer;

(2)

Revised improvement construction estimates to reflect the current improvement costs as approved by the City Engineer;

(3)

Increase of improvement securities in accordance with revised construction estimates; and

(4)

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

The Council may impose additional requirements as recommended by the City Engineer or as the Council may deem necessary as a condition to approving any time extension for the completion of improvements.

The costs incurred by the City in processing the agreement shall be paid by the subdivider at actual cost.

(§ 7, Ord. 456-85, eff. December 25, 1985)

(a)

General. When all improvement deficiencies have been corrected and as-built improvement plans submitted, the subdivision improvements shall be considered by the City for acceptance. Subdivisions of five (5) or more parcels shall be accepted by the Council. The City Engineer or authorized representative shall be responsible for the acceptance of subdivisions of four (4) or less parcels.

The 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)

Acceptance. If the subdivision has been accepted by the City, and the public improvements have been dedicated on the final map, the City Clerk shall file an acceptance of public improvements with the County

Recorder. The City Engineer shall file the acceptance of dedications on parcel maps with the County Recorder.

(c)

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

The acceptance of a portion of the improvements shall not relieve the subdivider from any other requirements imposed by this article.

(§ 7, Ord. 456-85, eff. December 25, 1985)