Rialto Municipal Code Ch. 17.20 Dedications and Improvements

The advisory agency may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a final map as abutting thereon, and that if the dedication is accepted such waiver shall become effective in accordance with the provisions of the waiver of direct access.

(Ord. 684 § 12, 1975)

As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements and may be required to improve or agree to improve public easements to provide bicycle paths, transit facilities, such as bus turnouts, benches, shelters and landing pads as provided in Government Code Section 66475.1 and 66475.2 in subdivisions of two hundred parcels or more, or involving more than one hundred acres of land. In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abutter's rights, drainage, public utility easements, and other public easements, and may be required to improve or agree to improve public easements to provide bicycle paths, transit facilities, such as bus turnouts, benches, shelters and landing pads as provided in Government Code Section 66475.1 and 66475.2 in subdivisions of two hundred parcels or more, or involving more than one hundred acres of land.

(Ord. 1234 (part), 1995: Ord. 684 § 13, 1975)

Prior to filing of any final map or parcel map, the subdivider shall pay or cause to be paid any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas or sanitary sewer facilities for local sanitary sewer areas established pursuant to Section 66483 of the Government Code.

(Ord. 684 § 14, 1975)

The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map, and thereafter to dedicate such improvements to the public. However, the subdivider shall be reimbursed for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements pursuant to the provisions of the Subdivision Map Act.

(Ord. 684 § 15, 1975)

Any improvement agreement, contract or act required or authorized by the Subdivision Map Act, for which security is required, shall be secured in the manner provided for in Section 66499 of the Subdivision Map Act.

(Ord. 684 § 16, 1975)

The improvement security shall be in the amount set forth or authorized in Section 66499.3 of the Subdivision Map Act. If the improvement security is other than a bond or bonds furnished by duly authorized corporate surety, an additional amount shall be included as determined by the city council as necessary to cover the cost and reasonable expenses and fees, including reasonable attorneys' fees, which may be incurred by the city in successfully enforcing the obligation secured.

The improvement security shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed ten percent of the original estimated cost of the improvement.

(Ord. 684 § 17, 1975)

The improvement security required hereunder shall be released in the following manner:

A. Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work.

B. Security given to secure payment to the contractor, his/her subcontractors and to persons furnishing labor, materials or equipment, shall, after passage of the time within which claims of lien are required to be recorded pursuant to Section 8410 et seq. of the Civil Code (or any successor statute) and after acceptance of the work, be reduced to an amount equal to the amount of all claims therefore filed and of which notice has been given to the legislative body, plus an amount reasonably determined to be required to assure the performance of any other obligations secured thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given. If no claims have been recorded within the time stated above, the security shall be released in full.

C. No security given for the guaranty or warranty of work shall be released until the expiration of the period thereof.

D. The public works director/city engineer is authorized accept the improvements and to reduce or release security under this section in accordance with the requirements of state law and any policies that may be established by the city council.

(Ord. 1234 (part), 1995: Ord. 684 § 18, 1975)

(Ord. No. 1632, § 2, 1-28-20)

A. The subdivider, person, firm, corporation, partnership or association shall improve, or agree to improve, as provided in this title, all streets, highways, alleys, ways or easements in the subdivision as a condition precedent to acceptance thereof and approval of the final map. All pipelines, electrical conduit and other underground facilities shall be installed prior to street paving. All utilities, curbs, gutters and pavement shall be installed on such existing major and secondary streets and other streets as may be designated by the city council within ninety days after the issuance of the initial permit from the department of development services for all or a part of a subdivision. Such improvements shall be installed at lines and grades and in accordance with the standard specifications approved by the city council. Failure to comply with any of the above requirements shall be a ground for the city council or the city administrator to order cessation of all building construction. Final approval, excepting for a temporary approval of no more than three models for tract office and subdivision sales purposes, will not be granted for any building until all improvements have been installed and accepted by the city.

B. Improvements shall include:

1. Grading, drainage and drainage structures necessary to proper use and to the public safety;

2. Curbs and gutters;

3. Sidewalks of a width and quality as the planning commission may consider suitable for the local neighborhood use;

4. Pavement of a width and quality suitable for local neighborhood traffic;

5. Adequate domestic water supply and the transfer and conveyance to the city of all right, title and interest in and to the overlying water rights of the property. Where the land has traditionally received irrigation water service, the owner or developer shall transfer to the city clear and unencumbered title to shares of stock in the company traditionally serving the land. The shares to be transferred shall be the number which by custom and common usage are required for the proper irrigation of the land. The intent and purpose of requiring the transfer of water stock where available are so that water for use in the city domestic water system will be available as the land develops. It is recognized that Lytle Creek Water and Improvement Company and Citizens Land and Water Company have been sold to the West San Bernardino County Water District and that no stock of these companies remains in existence. Due to the absence of any stock in these companies this paragraph shall not apply to any land traditionally served irrigation water by either of these two companies or by the city;

6. Sanitary sewer facilities and connections for each lot in such manner as will obviate the necessity for disturbing the street pavement, gutter, curb and sidewalk when service connections are made;

7. Services from public utilities where provided;

8. All trees shall be planted as required by the department of development services in locations selected by said department and the reasonable cost of the trees and planting thereof shall be paid by the subdivider;

9. Street lights;

10. Permanent subdivision survey monuments;

11. In addition to the aforesaid minimum improvements, the planning commission shall recommend and the city council shall require such additional improvements and facilities or such modifications in the standards of minimum improvements as special conditions may cause the planning commission to make a special finding of need;

12. All water lines are to be laid pursuant to plans and specifications of the city;

13. Utility lines, including but not limited to electric, communications, street lighting and cable television, shall be required to be placed underground. All existing utility lines, including, but not limited to, electric, communications, street lighting and cable television located on, across or adjacent to the property being developed shall be placed underground. The subdivider is responsible for complying with the requirements of this section, and he/she shall make the necessary arrangements with the utility companies for the installation of such facilities. For the purpose of this section, appurtenances and associated equipment such as, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be placed above ground.

C. If such improvement work is not completed satisfactorily before the final map is approved, the owner or owners of the subdivision shall, prior to approval of the final map, enter as contractor into an agreement with the city council whereby, in consideration of the acceptance by the city council of the streets and easements offered for dedication, to complete the work within the time specified in the agreement. To assure the city that this work will be completed, a bond shall be furnished guaranteeing the faithful performance of the work in the sum equal to the cost as estimated by the city engineer. Ninety percent of this bond may be furnished by a qualified surety company, except in cases where a cash deposit is required by the city council. Ten percent of the bond amount must be cash or a letter of credit payable upon demand of the city. This money may be used as directed by the city administrator or a person designated by him/her to pay the cost of maintaining barricades, correcting street hazards or repairing any street irrigation line or other utility causing a hazard, nuisance or inconvenience to the public.

D. Prior to final approval of a subdivision map by the city council, the owner shall submit a construction schedule showing the beginning date of construction of each item to be built in the public right-of-way, together with the estimated time required for completion. Any unauthorized delay or variation from this schedule shall be cause for the city council to authorize using the cash bond deposited by the owner to correct any condition causing public inconvenience.

(Ord. 1234 (part), 1995: Ord. 1151 (part), 1991; Ord. 684 § 27, 1975)

Prior to filing of any final map or parcel map or issuance of a building permit, the subdivider and/or developer shall pay or cause to be paid any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and stormwaters from local or neighborhood drainage areas.

A. Drainage Areas Established. All property included within the city limits shall be considered to be within the following drainage areas for purposes of computing the costs of construction of all master planned storm drains as shown on the comprehensive storm drain plan for project three as prepared by Verpet Engineering Co., for the San Bernardino County Flood Control District with revisions for Projects 3, 3-1, 3-2, 3-3, 3-4, and 3-5 as shown on the Comprehensive Storm Drain Project 3-3 Rialto Channel Drainage Area prepared by James M. Montgomery, Consulting Engineers, Inc.

1. Drainage Area 1. Bounded on the south by Highland Avenue, on the east by Cactus Avenue, on the west by the west city limit and on the north by the north city limit.

2. Drainage Area 2. Bounded on the south by Interstate 10, on the east by east city limit, on the west by west city limit and on the north by Highland Avenue, also that area east of Cactus Avenue to the east city limit north of Highland Avenue, and that area south of Interstate 10 east of Riverside Avenue to the east city limit.

3. Drainage Area 3. All other areas within the city of Rialto outside the boundaries of Drainage Areas 1 and 2.

B. Storm Drain Improvements Required. The city council has determined that the subdivision, improvement or further improvement of any property within the city will require the construction of the master planned storm drains as shown on the Verpet Engineering Master Plan with revisions for Project 3-3 as shown on the Comprehensive Storm Drain Plan Project 3-3 Rialto Channel Drainage Area prepared by James M. Montgomery, Consulting Engineers, Inc., and Associated Engineers. Drainage fees shall be paid to the city to provide for this construction.

C. Fees.

1. Fees required for the construction of storm drain facilities shall be paid into a local drainage facilities fund. The fee shall be as established from time to time by resolution of the city council.

2. Subdivisions.

a. Tracts. The drainage fee for any tract shall be paid prior to the final approval of the tract by the city council.

b. Parcel Maps. There shall be no drainage fee for any parcel which has a structure on it. The drainage fee for a vacant parcel may be postponed until a building permit is issued.

c. Building Permits. The drainage fee for a parcel shall be paid prior to the issuance of a building permit.

(Ord. 1234 (part), 1995: Ord. 1022, 1988: Ord. 722 § 1, 1977)

As a condition precedent to the approval and acceptance of any final map, and at the time it takes action with respect to a tentative tract map, or if stated as a condition for a commercial or industrial development, the planning commission may require the subdivider/developer to agree to the formation of an assessment district and/or annexation to any existing maintenance assessment district.

(Ord. 1129 (part), 1990)

No certificate of occupancy shall be issued for a lot abutting upon a parkway in an assessment district until all the required landscaping and irrigation systems have been installed. Such installation may be in phases as determined by the city engineer.

(Ord. 1234 (part), 1995: Ord. 1129 (part), 1990)

As a condition precedent to the approval and acceptance of a final map, and at the time it takes action on the tentative tract map, the planning commission may require the subdivider or developer to maintain, at his/her own expense, all landscaping and irrigation systems within a proposed assessment district until such time as the first assessment for the assessment district is placed on the county assessment roll or for a period of one year, whichever is longer.

(Ord. 1129 (part), 1990)