Article 15.04.708 — RESERVATIONS AND DEDICATIONS

The purpose of this article is to establish the reservations and dedications the City may impose on a subdivider as a condition for approval of a tentative map or a parcel map.

A.

General. As a condition of approval of a 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 and Formula for Reservation of Land. Where a park, recreational facility, fire station, library or other public use is shown in the General Plan or any applicable specific plan, the subdivider may be required by the Planning Commission to reserve sites as so determined by the Planning Commission in accordance with the standards contained in the General Plan or 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 unfeasible. The reserved area shall conform to the General Plan or any 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, consistent with Government Code Section 66480, to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement.

D.

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

E.

Termination. If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate.

A.

Purpose. This section is enacted pursuant to the authority granted by Section 66477 of the Subdivision Map Act. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this section are in accordance with the policies and standards of the General Plan. The following formula is used to determine the required acres of parkland based on population size:

Formula 15.04.708.030 (A)

Average number of persons per dwelling unit × 3 acres / 1,000 population = Acres required

The following table of population density shall be used:

Multi-family (apartment or duplex) 3.1

.0093 Acre

B.

Requirements. As a condition of approval of a final map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the City, for park or recreational purposes at the time and according to the standards and formula contained in this section.

C.

General Standard. It is hereby found and determined that the public interest, convenience, health, welfare and safety require that three acres of property for each one thousand persons residing within the City be devoted to neighborhood and community parks ("local parks") and recreational purposes. For purposes of this Ordinance, park and recreation purposes shall include land and facilities for the activity of "recreational community gardening," which activity consists of the cultivation by persons other than, or in addition to, the owner of the land, of plant material not for sale.

D.

Standards and Formula for Dedication of Land. Where a park or recreational facility has been designated in the General Plan, and 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 to serve the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following standards and formula:

1.

Formula for Determining Amount of Acreage. The formula for determining acreage to be dedicated per dwelling unit shall be as set out in subsection 15.04.707.030(A).

2.

Parcels—Including Dwelling Unit Construction. On parcels where dwelling units are to be constructed as part of the subdivision operation, the actual type of dwelling unit to be constructed shall be used in the computation of the acreage of park land to be dedicated.

3.

Parcels—Not Including Dwelling Unit Construction. On parcels where the construction of dwelling units is not a part of the subdivision operation, the acreage of park land to be dedicated shall be computed on the basis of the maximum allowable density of dwelling units combined with the type of dwelling unit yielding the maximum acreage. If fees are paid in lieu of land dedication, and if dwelling units are constructed on parcels within ten years after the date the final or parcel map was recorded which result in a lesser fee when computed pursuant to the provisions of this section, then the subdivider may request a refund of the excess fee previously paid.

4.

Resubdivision of Parcels. Whenever a parcel of land is resubdivided, full credit shall be given for the acreage of land dedicated or the amount of in-lieu fee paid at the time the parcel was originally subdivided.

E.

Formula for Fees in Lieu of Land Dedication.

1.

General Formula. If there is no park or recreation facility designated in the General 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 the land prescribed for dedication in this section and in an amount determined in accordance with the provisions of subsection A above, such fee to be used for a local park that will serve the residents of the area being subdivided.

2.

Fees in Lieu of Land—Fifty or Fewer Parcels. If the proposed subdivision contains fifty or fewer parcels, the subdivider shall pay a fee equal to the land value of the portion of the local park required to serve the needs of the residents of the proposed subdivision as prescribed in subsection A of this section and in an amount determined in accordance with the provisions of subsection D.

a.

Use of Money. The money collected hereunder shall be used only for the purpose of providing park or recreational facilities reasonably related to serving the subdivision by way of the purchase of necessary land or, if the Planning Commission deems that there is sufficient land available for the subdivision, for improving of such land for park and recreational purposes. The money collected may be used for the purpose of developing new or rehabilitating existing park or recreational facilities in a neighborhood other than the neighborhood in which the subdivision for which fees were paid as a condition to the approval of a tentative map or parcel map is located, if all of the following requirements are met:

i.

The neighborhood in which the subdivision for which the fees were paid has a park area that meets or exceeds three acres per 1,000 persons.

ii.

The City Council holds a public hearing before using the fees pursuant to this subparagraph.

iii.

The City Council makes a finding supported by substantial evidence that it is reasonably foreseeable that future inhabitants of the subdivision for which the fee is imposed will use the proposed park and recreational facilities in the neighborhood where the fees are used.

iv.

The fees are used within a specified radius that complies with this Ordinance and are consistent with the General Plan and any applicable specific plan. For purposes of this clause, "specified radius" includes a planning area, zone of influence, or other geographic region designated by the City, that otherwise meets the requirements of this section.

b.

Time Limits. Any fees collected under this Ordinance shall be committed within five years after the payment of the fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they, without any deductions, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision.

F.

Criteria for Requiring Both Dedication and Fee. In subdivisions of more than fifty lots, the subdivider shall both dedicate land and pay a fee in lieu thereof in accordance with the following formula:

1.

Where only a portion of the land to be subdivided is proposed in the General Plan as the site for a local park, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of subsection E of this section shall be paid for any additional land that would have been required to be dedicated pursuant to subsection D.

2.

When a major part of the local park or recreational site has already been acquired by the city and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated and a fee computed pursuant to the provisions of subsection E of this section shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to subsection D, such fees to be used for the improvement of the existing park and recreational facility or for the improvement of other local parks and recreational facilities in the area serving the subdivision.

G.

Amount of Fee in Lieu of Park Land Dedication. Where a fee is required to be paid in lieu of park land dedication, the amount of fee shall be the price of the land which would otherwise be required to be dedicated pursuant to subsection E of this section at the rate of $40,000 per acre or such other amount as the City Council may set.

H.

Determination of Land or Fee. Whether the City accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by the Director in consultation with the Director of Publix Works, in consideration of the following:

1.

Recreational element or other applicable portions of the General Plan.

Topography, geology, access and location of land in the subdivision available for dedication.

3.

Size and shape of the subdivision and land available for dedication.

4.

The feasibility of dedication.

5.

Compatibility of dedication with the General Plan.

6.

Availability of previously acquired park property.

Only the payment of fees may be required in subdivisions containing 50 or fewer parcels, except that when a condominium project, stock cooperative, or community apartment project, as those terms are defined in Sections 4105, 4125, and 4190 of the Civil Code, exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be fewer than 50. The determination of the Director as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

I.

Credit for Private Open Space. Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed 50 percent, shall be given against the requirement of land dedication or payment of fees in lieu thereof provided that all the following standards are met:

1.

Yards, court areas, setbacks and other open areas required by the Zoning Ordinance are not be included in computation of such private open space.

2.

Continued maintenance of the private open space is adequately provided for by recorded written agreement, conveyance, or restrictions.

3.

Use of the private open space is restricted for park and recreational purposes by a recorded covenant.

4.

The private open space for which credit is given is a minimum of three acres and provides a minimum of five of the local basic park elements listed below, or a combination of such and other recreational improvements that will meet the specific recreation and park needs of the future residents of the area:

a.

Children's play apparatus area — 0.50 to 0.75 acres,

b.

Landscape, park-like and quiet areas — 0.50 to 1.00 acres,

c.

Family picnic area — 0.25 to 0.75 acres,

d.

Game court area — 0.25 to 0.50 acres,

e.

Turf play field — 1.00 to 3.00 acres,

f.

Swim pool — 0.25 to 0.50 acres,

g.

Recreation center building — 0.15 to 0.25 acres;

Before credit is given, the Director shall make written findings that the above standards are met.

J.

Joint or Shared Use Agreements. The City may enter into a joint or shared use agreement with one or more other public districts in the jurisdiction, including, but not limited to, a school district or community college district, in order to provide access to park or recreational facilities to residents of subdivisions with fewer than three acres of park area per 1,000 members of the population.

K.

Procedure. At the time of approval of the tentative map or tentative parcel map, the Director shall determine the land to be dedicated and/or fees to be paid by the subdivider. At the time of the filing of the final map or parcel map, the subdivider shall by separate instrument dedicate the land and/or pay the fees as previously determined by the Director. Such land, fees or combination thereof shall be used only for the purpose of providing park or recreational facilities to serve the subdivision. Open-space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final map or parcel map and shall be recorded contemporaneously with the final map or parcel map.

L.

Commencement of Development. At the time of approval of the final map, the City Council shall specify when development of the park or recreational facilities shall be commenced.

M.

Exemptions. The provisions of this section shall not apply to subdivisions containing fewer than five parcels and not used for residential purposes; provided, however, that a condition may be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.

The provisions of this section also shall not apply to industrial subdivisions; nor to condominium projects that consist of the subdivision of air space in an existing apartment building that is more than five years old when no new dwelling units are added to the building; nor to parcel maps for a subdivision containing fewer than five parcels or for a shopping center containing more than 300,000 square feet of gross leasable area and no residential development or uses.

A.

Dedication Requirement. As a condition of approval of a final map or parcel 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 abutter's rights, drainage, scenic easements, public utility easements, and other public easements as determined by the Director of Engineering and Capital Improvement Projects. In addition, the following dedications may be required by the Director of Engineering and Capital Improvement Projects as appropriate:

1.

Bicycle Paths. Whenever a subdivider is required to dedicate roadways to the public, he may also be required to dedicate such additional land as may be necessary and feasible to provide bicycle or multi-use paths for the use and safety of the public and residents of the subdivision.

2.

Transit Facilities. The subdivider may be required to dedicate or make an irrevocable offer of dedication of land within the subdivision for local transit facilities, such as bus turnouts, benches, shelters, landing pads and similar items that directly benefit the residents of a subdivision if the City Council finds that transit services are or will within a reasonable time period be made available to such subdivision.

B.

Waiver of Direct Street Access. As a condition of approval of a final map or parcel map, the subdivider may be required by the Director of Engineering and Capital Improvement Projects to waive direct access rights to proposed or existing streets from any property within the subdivision abutting thereon. The area where the access rights are to be waived shall be shown on the final map or parcel map.

ARTICLE 15.04.709 - IMPROVEMENTS

The purpose of this article is to establish the required types, procedures, and processes for improvements that may be imposed as a condition for approval of a subdivision.

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

A.

General. All improvements as may be required as conditions of approval of a tentative map or City ordinance, together with, but not limited to the following shall be required of all subdivisions.

1.

Requirements for construction of on-site and off-site improvements for subdivisions of four or fewer 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.

2.

As a condition of approval of a tentative map, there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public, subject to the provisions of Sections 66485-66489 of the Subdivision Map Act.

3.

The improvements shall be constructed to the satisfaction of the Director of Engineering and Capital Improvement Projects in accordance with the approved improvement plans and specifications and at the expense of the subdivider. Construction of improvements shall not begin until the final map or parcel map has been filed with the County Recorder; however, work under grading permits or watercourse permits may be initiated prior to such filing at the discretion of the Director of Engineering and Capital Improvement Projects.

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.

Pedestrian Ways.

1.

Pedestrian ways 10 feet or more in width may be required:

a.

Through the middle of blocks that are more than 1,000 feet in length;

b.

To connect cul-de-sac;

c.

To provide access to playgrounds, parks, schools, shopping centers, or similar community facilities; and/or

d.

To provide access to bikeways or trails shown on the General Plan, the City of Richmond Bicycle Master Plan, any adopted specific plan, and City of Richmond Pedestrian Plan.

The subdivider shall install paving, landscaping, and fences as, approved by the Planning Commission unless otherwise waived.

D.

Bikeways.

1.

Bikeways shall be required as may be required by the Director of Engineering and Capital Improvement Projects and Zoning Administrator in all locations shown on the General Plan and any adopted specific plan and the City of Richmond Bicycle Master Plan, or as approved by the Planning Commission and City Council.

2.

Widths shall be as established by the City of Richmond Bicycle Master Plan and are subject to approval by the Director of Engineering and Capital Improvement Projects and Zoning Administrator.

3.

Appropriate signs as may be required by the Director of Engineering and Capital Improvement Projects shall be furnished and installed by the subdivider.

E.

Trails.

1.

Trail improvements shall be provided and graded out as may be required by the Director of Engineering and Capital Improvement Projects and Zoning Administrator in all locations shown in the General Plan and any adopted specific plan, or as approved by the Planning Commission and City Council.

2.

Improvements (e.g., fencing, signs, etc.) shall be provided as necessary for the public health, safety, and general welfare.

F.

Street Trees.

1.

The subdivider shall be required to plant street trees at 30 feet on center along all public and private streets within and/or bordering a residential subdivision and 50 feet on center within a commercial, mixed-use or industrial subdivision. The minimum caliper shall be 1½ inches or a minimum 15-gallon size.

2.

The trees shall be of a species and size that are approved by the Director of Engineering and Capital Improvement Projects in accordance with the General Plan, any applicable specific plan, the Zoning Ordinance and applicable Design Guidelines for each particular street.

3.

The exact location, species, and size of trees approved to be installed shall be shown on the improvement and landscape plans.

G.

Storm Drainage. Storm water runoff from the subdivision shall be managed on-site or collected and conveyed by an approved storm drain system. The storm drain system shall be designed for ultimate development of the watershed. 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.

H.

Sanitary Sewers. Each unit or lot within the subdivision shall be served by the City's sewer collection system as required by the Municipal Code, unless an individual system is permitted thereunder.

I.

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

J.

Utilities. Each unit or lot within the subdivision shall be served by gas (if required), electric, telephone/internet, and cable television facilities. All utility distribution facilities (including but not limited to electric, video service, communication, and cable television lines) installed in and for the purpose of supplying service to any subdivision shall be placed underground in accordance with the utility's rules and regulations on file with the California Public Utilities Commission and also pursuant to the Municipal Code. Equipment appurtenant to underground facilities, such as transformers, streetlight poles, pedestal-mounted terminal boxes, and meter cabinets and concealed ducts, may be installed above the surface of the ground.

K.

Fire Hydrants.

1.

Subdividers shall install fire hydrants, gated connections, and appurtenances as required by the Richmond Fire Chief. Such hydrants, connections, and appurtenances shall be shown on the improvement plans.

2.

The plans shall be reviewed and approved by the Fire Department.

3.

The inspection and approval of fire hydrants, gated connections, and appurtenances, as herein required, shall be by the Richmond Fire Chief.

L.

Walls and Fences. Along any street where lots front on one street, but back up to another street, or where no vehicular access is allowed, a decorative masonry wall at least six feet in height, as measured from the adjacent finished grade, shall be provided. The design and material of said wall shall be reviewed and approved by the Design Review Board. The setback of such fencing from the right-of-way line may be varied, but shall average of five feet, except that a lesser average setback may be allowed by the Design Review Board where a monolithic sidewalk is to be developed. All unpaved areas shall be landscaped, and a funding mechanism, such as a homeowners' association, shall be created, and recordation of an agreement with the City will be required, to ensure maintenance of all landscaping and fencing.

M.

Off-Site Improvements. If the subdivider is required to construct off-site improvements on land in which neither the City or the subdivider have sufficient title or interest to allow construction, the City shall, within 120 days of recording the final map, acquire by negotiation or commence condemnation of the land. If the City fails to meet the 120-day time limit for these actions, the condition for the construction shall be waived. Prior to 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 acquires title or 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.

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018)

Improvement plans shall be prepared under the direction of a California-registered civil engineer licensed by the State of California and conform to City requirements. The plans shall be submitted to the Director of Engineering and Capital Improvement Projects for approval and must be approved before a final map or a parcel map may be filed.

Improvement plans shall contain the following information:

A.

Each sheet shall have a title, which shall consist of the subdivision number and a statement of what is shown on the sheet.

B.

On the title sheet shall appear the title, a vicinity map showing the location of the subdivision in relation to major arteries and landmarks, an index of sheets, a key diagram showing what streets and sewers are shown on the various sheets, and a block for the signature of the Director of Engineering and Capital Improvement Projects. In addition, the registered civil engineer preparing the plans shall certify that the plans have

been prepared in conformance with the soils report. A certificate of approval by a sanitary district of any of the improvements of concern to said district shall appear on the title sheet. A certificate of approval by the Richmond Fire Chief and the fire chief of any fire district concerned with the improvements shall appear on the title sheet.

C.

Each sheet shall be dated, shall be signed and stamped by a registered civil engineer in the State of California, shall have the appropriate scales prominently displayed, shall refer to the elevation datum used, and shall have north arrows where appropriate.

D.

The particular number of each sheet and the total number of sheets comprising the plans shall be stated on each sheet.

E.

The plans shall show the plans, profiles and details for all street work, drainage channels and structures, and sewer facilities.

F.

The plans shall show the plans and profiles of all public utility main-line installations, including but not limited to water mains, electric, telephone and television conduits, and gas mains. The location of all utility boxes, manholes and related facilities must be shown.

G.

The plans shall show the location of electroliers and the location and depth of all street lighting conduit, the location of all fire hydrants, and the location of all street trees.

H.

The plans shall show the plans and profiles of all other public-related improvements required to be installed as directed by the Director of Engineering and Capital Improvement Projects.

I.

The plans shall show the plan and profile of all existing improvements to remain in the subdivision.

Improvement plans shall be accompanied by the following:

A.

Grading Permit. A grading permit must be obtained pursuant to Ordinance 12.44 of the Municipal Code for all grading in the subdivision.

B.

Watercourse Permit. A watercourse permit must be obtained when required under Ordinance 12.08 of the Municipal Code.

C.

Drainage Calculations. The subdivider or his representative shall submit any data, including profiles, contours, design calculations, or other information required by the Director of Engineering and Capital Improvement Projects to ensure the design standards for drainage facilities are complied with.

D.

Specifications. The subdivider or his representative shall submit specifications for all work shown on the improvement plans. Improvement work shall be constructed in conformance with the publication of the Southern California Ordinance of the American Public Works Association, et al., known as "Standard Specifications for Public Works Construction," as amended, and with any supplemental special conditions to be approved by the Director of Engineering and Capital Improvement Projects.

E.

Improvement Plan Checking Fee. The required fee shall accompany the improvement plans when they are submitted for checking.

F.

Improvement Estimate. The subdivider or his representative shall submit an estimate of cost of improvements within public rights-of-way, easements, and common areas.

G.

Other Data. The subdivider or his representative shall submit any other data that may be required by the Director of Engineering and Capital Improvement Projects to support the design of improvements shown on the improvement plans.

A.

Traverse. Exterior boundary traverses, based upon field measurements of the ground, must close within a limit of one foot to 10,000 feet of perimeter.

B.

Computer Calculations. Computer calculations must be submitted showing that all linear, angular and radial data for lines shown on maps close and are mathematically compatible.

C.

Bearing Ties. Ties to the California Coordinate System, Zone 3, shall be to second-order accuracy using primary horizontal control monuments approved by the Director of Engineering and Capital Improvement Projects. Ties to other bases of bearings must have the approval of the Director of Engineering and Capital Improvement Projects.

D.

Boundary Monuments. Monuments shall be set on the exterior boundary of the subdivision at all corners, angle points, points of tangency, and at intervals not to exceed 500 feet along the subdivision boundary. The monuments shall be galvanized iron pipes of at least one inch inside diameter and not less than 30 inches long. They shall be filled with cement mortar and shall be marked with a metal tag giving the license number of the engineer or surveyor setting the monuments.

E.

Street Monuments. Monuments shall be set on all street centerlines or approved monument lines at angle points, points of tangency, street centerline or monument-line intersections, and at intersections with the subdivision boundary. The monument shall consist of a bronze pin set in concrete below a cast-iron frame and cover. Monuments shall conform to the details shown on city standard plans on file in the Department of Public Works.

F.

Bench Marks. Accurate elevations shall be established for each street monument set based upon the National Geodetic Vertical Datum of 1929.

G.

Lot Corner Hubs. Corners and points of tangency in lot lines of all lots in a subdivision shall be marked by a tack in a two-inch by two-inch redwood hub. Cross marks on the sidewalk or curb may be substituted for front line hubs.

A.

When Required. If at the time of approval of the final map by the City Council or the parcel map by the Director of Engineering and Capital Improvement Projects any public improvements required by the City pursuant to the Subdivision Map Act or this Ordinance have not been completed and accepted in accordance with the applicable standards established by this Ordinance, the subdivider shall be required to enter into one of the following Improvement Agreements:

1.

An agreement with the City upon mutually agreeable terms to thereafter complete such improvements at the subdivider's expense; or

2.

An agreement with the City to:

a.

Initiate and consummate proceedings under an appropriate special assessment act for the financing and completion of all such improvements, or

b.

If not completed under such special assessment act, to complete such improvements at the subdivider's expense.

B.

Contents. The Improvement Agreement shall be approved as to form by the City Attorney. The Improvement Agreement shall contain as a minimum the following provisions, where applicable:

1.

The subdivider or his representative shall construct all required improvements at the subdivider's expense in accordance with the approved improvement plans and specifications therefor.

2.

The subdivider or his representative shall complete construction of required improvements within a period of two years from the date of the agreement.

3.

If the subdivider or his representative fails to complete the work within two years or any extension of time granted by the City Council, the City Council may, at its option, complete the required improvements and the subdivider and/or his surety shall be firmly bound under a continuing obligation for payment of the full cost and expense incurred or expended by the City in completing the work.

4.

The subdivider or his representative shall reimburse the City for engineering and inspection services. Fees for engineering and inspection services shall be as established by resolution of the City Council.

5.

The subdivider or his representative shall submit one set of acceptable reproducible "as-built" drawings, certified as such by the subdivider's engineer.

6.

The subdivider or his representative shall submit a letter signed by the subdivider's soils engineer stating that the improvements were constructed in conformance with the approved improvement plans, grading plans and soils report.

7.

The subdivider or his representative shall set all required monuments and corner stakes. A street monument list shall be submitted after the monuments have been installed and shall include the elevation and coordinates of each monument.

8.

If required by the City, the subdivider shall arrange for the maintenance of all improvements not to be maintained by the City.

9.

The subdivider shall furnish the City with the required improvement security.

10.

The subdivider shall furnish the City with the required security for guaranteeing the improvement work.

C.

Extension. If the subdivider wishes to extend the time of construction, he shall apply in writing to the Director of Engineering and Capital Improvement Projects. Any extension of time shall be for a maximum of one year and shall be approved by the City Council.

D.

Action. After approval by the City Attorney, the improvement agreement shall be signed and acknowledged by the subdivider. The agreement shall be considered by the City Council at the same time as the final map or prior to the approval of the parcel map by the Director of Engineering and Capital Improvement Projects.

A.

Required. The subdivider shall secure any acts agreed to be performed in the Improvement Agreement in accordance with Section 66499 of the Subdivision Map Act.

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. The form of the bond or bonds shall be in accordance with Section 66499.1 and 66499.2 of the Subdivision Map Act.

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.

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.

C.

Amount of Security. A performance bond or security in the amount of one hundred percent of the estimated cost of the performance of the acts set forth in the improvement agreement shall be required. In addition, a payment bond for the security of laborers and materialmen or security in the amount of 50 percent of the estimated cost of the performance of the acts set forth in the improvement agreement shall be required. The estimated cost referred to in this subsection shall be approved by the Director of Engineering and Capital Improvement Projects and shall include ten percent of the total cost for contingencies.

D.

Special Assessment Proceedings. If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, the City at its option may, upon the furnishing by the contractor of the faithful performance and labor and material bonds required by the special assessment act being used, reduce the improvement security of the subdivider by an amount corresponding to the amount of such bonds so furnished by the contractor.

E.

Guarantee. Security shall be required in the amount of 15 percent of the estimated cost of the secured improvements or $500, whichever is greater, for the guarantee and warranty of the work for a period of one year following the completion and final acceptance thereof against any defective work or labor done, or defective materials furnished.

F.

Release.

1.

Performance Security. Security given for faithful performance of any act or agreement may be released upon the performance of the act or final completion and acceptance of the required work by the Director of Engineering and Capital Improvement Projects. The Director of Engineering and Capital Improvement Projects 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 application by the subdivider.

2.

Payment Security. Security securing the payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment may, six months after the performance of the act or the completion and acceptance of the work, 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 City Council, and if no such actions have been filed, the security may be released in full.

Such release shall not apply to any required guarantee and warranty period nor to the amount of the security deemed necessary by the City for such guarantee and warranty period, nor to costs and reasonable expenses and fees, including reasonable attorneys' fees.

3.

Guarantee Security. The guarantee security shall be released upon satisfactory completion of the guarantee period, provided all deficiencies appearing on the final deficiency list for the subdivision have been corrected.

The construction methods and materials for all improvements shall conform to the Standard Improvement Specifications established by the Director of Engineering and Capital Improvement Projects. Construction shall not commence until required improvement plans have been approved by the Director of Engineering and Capital Improvement Projects.

The subdivider shall complete the subdivision improvements within 12 months, or at a time approved by the Director of Engineering and Capital Improvement Projects Director, not to exceed 24 months, from the recording of the final map, unless an extension is granted by the City Council. If the subdivider fails to complete the improvements within the specified time, the City may, by resolution of the Council and at its option, cause any or all uncompleted improvements to be completed and the parties executing the surety or sureties shall be firmly bound for the payment of all necessary costs.

A.

Procedure. Upon completion of the improvements required by the provisions of this article, the subdivider or his authorized agent shall file a complete set of "as built" improvement plans with the Director of Engineering and Capital Improvement Projects. Such "as built" plans shall be drawn on copies of the original tracings and be certified as to accuracy and completeness by the subdivider's licensed contractor or engineer. Upon the receipt and acceptance of such "as built" plans, the Director of Engineering and Capital Improvement Projects shall recommend to the City Council the formal acceptance of the improvements by the City.

B.

Recordation of Acceptance. If the subdivision has been accepted by the City and public improvements have been dedicated on the final map, the City Clerk shall file an Acceptance of Public Improvements with the County Recorder. The Director of Engineering and Capital Improvement Projects shall file the acceptance of dedications on maps for four of fewer lots with the County Recorder. Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use.

C.

Acceptance of a Portion of the Improvements. When requested by the subdivider in writing, the City may consider acceptance of a portion of the improvements as recommended by the Director of Engineering and Capital Improvement Projects. 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. Acceptance of a portion of the improvements shall not relieve the subdivider from any other requirements imposed by this section.

In the case of improvements that the City does not accept for maintenance, the subdivider may be required to arrange for the maintenance, control and management of such improvements in a manner acceptable to the Director of Engineering and Capital Improvement Projects. If the maintenance, control, and management of such improvements is to be accomplished by a homeowner's association, the following apply:

A.

A homeowner's association must be established as a nonprofit association governed by a declaration of protective restrictions, conditions, covenants and charges made by the subdivider. One of the purposes of the homeowner's association must be to provide reasonable rules and regulations to enforce the covenants and restrictions and to keep, control, and maintain the common properties within the subdivision. The association also must provide for an assessment procedure to assure the necessary funds for the implementation of its purposes. The homeowner's association shall enter into an agreement with the City respecting the maintenance of the common properties.

B.

If a subdivision is to be developed in units, each unit shall be required to belong to the same homeowner's association. If adjacent areas are subdivided by the same subdivider, the subdivisions shall belong to the same homeowner's association. The creation of new homeowner's associations shall be avoided where it is feasible to annex to an existing association.