§ 16.16

A.

The subdivider shall design and construct all required improvements on-site and off-site in accordance with city design standards, detail drawings and construction specifications, as provided by this chapter and as adopted by the city. Subject to the Subdivision Map Act, the city engineer may authorize an exception to the construction standards in this chapter.

B.

A decision or interpretation by the city engineer regarding the specifications, details or design of improvements is final unless appealed as provided for in this title.

C.

No parcel map or final shall be approved until the subdivider either completes the required improvements or enters into an improvement agreement with the city.

(Ord. 744 § 1 (part), 2005)

A.

General. All improvements required as tentative map conditions of approval or by city ordinance or resolution, together with the required improvements set forth below, are required of all subdivisions.

B.

Frontage improvements. The frontage of each lot shall be improved to its ultimate adopted geometric section, including, but not limited to, street structural sections, curbs, sidewalks, driveway approaches and transitions. Transit facilities (bus shelters, bus turnouts and bus pads) shall be provided on a collector street or major street when requested by the local transit authority.

C.

Storm drainage. Stormwater runoff from the subdivision shall be collected and conveyed by an approved storm drain system. The storm drain system shall be designed for ultimate development of the watershed. The storm drain system shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in run-off 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, designed for the ultimate development of the area.

E.

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

F.

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

G.

Underground utilities. All existing and proposed utilities within the subdivision and along street frontages adjacent to the subdivision shall be placed underground except those facilities exempted by city council adopted ordinance or resolution. The subdivider is responsible for complying with the requirements of this chapter and shall make the necessary arrangements with each utility company for installation of the facilities. The city council may grant an exception to the undergrounding requirements if topographical soil or other conditions make underground installation of the facilities not feasible.

H.

Access. Every lot or parcel created shall have access to a public or private street.

1.

Lots located on public streets in zoning districts other than residential shall have the minimum frontage specified in the zoning ordinance.

2.

Lots located on private streets are subject to the frontage requirements specified in the zoning ordinance. The subdivider shall submit a development plan showing the alignment, width, grade, and material specifications of a proposed private street, the topography and means of access to each lot, and the drainage, water supply, sewerage and the utilities of the lots served by the private street.

3.

Reserve strips, or nonaccess at the end of streets or at the boundaries of the subdivision, shall be dedicated unconditionally to the city when required by the city.

I.

Monuments.

1.

At the time of making the survey for the final or parcel map, the engineer or surveyor shall set sufficient durable monuments to conform to (a) the standards described in Business and Professions Code Section

8771 and (b) the city standards, so that another engineer or surveyor may easily retrace the survey.

2.

Interior monuments need not be set at the time the map is recorded if the engineer or surveyor certifies on the map that the monuments will be set by a specified date and if the subdivider provides security to guarantee the cost.

3.

Within five days after the final setting of all monuments, the engineer or surveyor shall give written notice of the setting of the monument to the subdivider and to the city engineer.

J.

Other improvements. Other improvements such as street lights, fire hydrants, signs, street trees and landscaping, or fees in lieu of any of the foregoing, are required as determined by the city engineer in accordance with this title and city standards and specifications.

K.

Off-site improvements. If the subdivider is required to construct off-site improvements on land in which neither the subdivider nor the city has sufficient title or interest to allow construction, the dedication of the right-of-way shall be assured. The city shall, before approving the final or parcel map, require the subdivider to enter into an agreement to complete the off-site improvements at the time the city acquires title to an interest in the land. The city shall, within one hundred and twenty days of recording the final map, acquire by negotiation or commence condemnation of the land. If the city fails to meet the one hundred and twenty-day time limit, the condition for the construction is waived.

(Ord. 744 § 1 (part), 2005)

A.

Required. 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 may be reimbursed for that portion of 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.

B.

Funding Procedures. No charge, area of benefit or local benefit district shall be established unless and until a public hearing in accordance with the provisions of this title is held thereon by the city council and the city council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof. In addition to

the notice required by this title, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment role, and the potential users of the supplemental improvements insofar as they can be ascertained at the time, such notices shall be mailed by the city clerk at least ten days prior to the date established for hearing.

C.

Drainage, Sewerage, Bridges and Major Thoroughfares. If the city council has adopted a local drainage or sanitary sewer plan or map as required for the imposition of fees therefor, or has established an area of benefit for bridges or major thoroughfares as provided in this title, the city council may impose a reasonable charge on property within the area benefited and may provide for the collection of said charge as set forth in this title. The city may enter into reimbursement agreements with a subdivider who constructs said facilities, bridges or thoroughfares and the charges collected by the city therefor may be utilized to reimburse the subdivider as set forth herein.

(Ord. 744 § 1 (part), 2005)

16.16.040 - Deferred improvement agreements.

A.

Minor subdivisions. When improvements are deferred, the owner of the real property shall enter into an agreement with the city in a form acceptable to the city engineer and city attorney for the installation of all frontage improvements at a time in the future as specified by the city. The agreement shall provide that:

1.

The owner shall begin construction of improvements within ninety days of the receipt of the notice to proceed from the city, or as mutually agreed upon in writing;

2.

In the event of a default by the owner, the city is authorized to cause construction to be done and charge the entire cost and expense to the owner, including interest from the date of notice of the cost and expense until paid. The interest rate shall be consistent with the requirements of Article 15, Section 1 of the California State Constitution;

3.

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

4.

In the event of litigation occasioned by default of the owner, the owner agrees to pay all costs involved, including reasonable attorneys' fees. Those costs shall become a part of the lien against the real property.

The construction of deferred improvements shall conform to this title and all applicable provisions of this code in effect at the time of construction.

B.

Remainder. For a designated remainder parcel, the fulfillment of construction requirements for improvements is not required until the city is ready to issue a permit or other grant of approval for development of the remainder parcel or until the construction of the improvements is required under an agreement between the subdivider and the city. In the absence of an agreement, the city may require fulfillment of the construction requirements within a reasonable time following approval of the final map and before the issuance of a permit or other grant of approval for the development of a remainder parcel upon a finding by the city that fulfillment of the construction requirements is necessary for reasons of:

1.

The public health and safety; or

2.

The required construction is a necessary prerequisite to the orderly development of the surrounding area.

If a designated remainder is subsequently sold, the owner must obtain a certificate of compliance or conditional certificate of compliance from the department before development occurs.

(Ord. 744 § 1 (part), 2005)

A.

General. Improvement plans shall be prepared under the direction of and signed by a registered civil engineer and shall conform to the conditions of approval and to the city design standards, detail drawings and construction specifications. Improvement plans shall include those improvements specified in this title.

B.

Form and Contents. The form and contents of the improvement plans shall conform to the city design standards, detail drawings and construction specifications.

C.

Supplementary Plans and Calculations. Engineering calculations, bond or other security estimates and any structural calculations as may be required by the city engineer shall be submitted with the improvement plans. All calculations shall be legible, systematic, signed and dated by a registered civil engineer and in a form approved by the city engineer.

D.

Filing—Review by the city engineer. The subdivider shall submit copies of the preliminary improvement plans and all computations to the city engineer for review. Upon completion of the review, one set of the

preliminary plans, with any required revisions indicated, will be returned to the subdivider. If any revisions are necessary, the subdivider shall submit the corrected improvement plans and computations to the city engineer. The city engineer shall act on the improvement plans within sixty working days of its submittal, plus extensions agreed to or necessitated by corrections.

E.

Approval by the City Engineer.

1.

After the subdivider has completed all required revisions, the subdivider shall transmit the corrected originals of the improvement plans to the city engineer for signature.

2.

Upon finding that the required revisions have been made and that the plans conform to all applicable city ordinances and plans, design requirements and conditions of approval of the tentative map, the city engineer shall sign and date the plans. The originals will be returned to the subdivider. Approval of the improvement plans shall not be construed as approval of the gas, electric, telephone, and cable television service construction plans.

3.

Approval by the city engineer in no way relieves the subdivider of the subdivider's responsibility for the design of the improvements or for deficiencies resulting from the design or from any required conditions of approval of the tentative map. The approval of the improvement plans by the city engineer, or the city engineer's certification that no improvements are required, is a condition precedent to the approval of the final or parcel map of the subdivision.

F.

Revision to Approved Plans.

1.

By subdivider. A request by the subdivider for a revision to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the city engineer and shall be accompanied by revised drawings showing the proposed revision. If the revision is acceptable to the city engineer and is consistent with the tentative map, the original shall be submitted to the city engineer's office for initialing. The original shall be returned to the subdivider, and the revised plans shall be immediately transmitted to the city engineer. Construction of any proposed revision may not begin until the city engineer receives and approves revised plans.

2.

Plan checking and inspection costs for revisions. Costs incurred by the city for the checking of plans or calculations or inspection as a result of revisions to the approved plans shall be borne by the subdivider in

accord with the schedule of fees adopted by the city. A deposit, when required, shall be submitted with the revised plans and applied toward the costs.

(Ord. 744 § 1 (part), 2005)

A.

Before a final map or parcel map is approved by the city council, the subdivider shall submit a signed subdivision improvement agreement assuring the completion of improvements within a specified time and payment for them. The agreement will be based on the city's standard form of subdivision improvement agreement and shall include the developer's promise to complete certain improvements and to perform repairs or corrective work for one year after acceptance by the city, the time of completion, special conditions, insurance requirements and improvement security requirements for faithful performance, labor and materials and warranty period.

B.

The agreement must be approved as to form by the city attorney. The executed improvement agreement shall be recorded in the office of the county recorder and shall bind subdivider's successors-in-interest.

(Ord. 744 § 1 (part), 2005)

16.16.070 - Improvement security.

A.

General. An improvement agreement, contract, or act required or authorized by the Subdivision Map Act or this title for which security is required shall be secured as provided in this section, and subject to city attorney approval.

B.

Amount of Security.

1.

The subdivider shall provide a bond or other security in the amount of:

a.

One hundred percent of the total estimated construction costs to guarantee the construction or installation of all improvements;

b.

One hundred percent of the estimated construction cost to guarantee payment to subdivider's contractor, and to subcontractors and to persons furnishing labor, materials, or equipment for the construction or installation of improvements; and

c.

Fifteen percent of the cost of the improvements to guarantee the improvements against any defective work or labor done, or defective materials used in the performance of the improvements for the warranty period of one year following completion and acceptance of the improvements warranty security. The security for this warranty period may be provided either (a) at the time of signing the subdivision improvement agreement or (b) when the construction is completed, before the city accepts the improvements or releases the performance security, at the subdivider's option.

2.

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

3.

The estimate of improvement costs shall be as approved by the city engineer and shall provide for:

a.

Total construction costs;

b.

Ten percent of the total construction cost for contingencies;

c.

Increase for projected inflation computed to the estimated end of construction; and

d.

Enforcement costs calculated as twenty-five thousand dollars or five percent of the estimated construction cost, whichever is greater. These enforcement costs are not added if the bond language includes enforcement costs in addition to the face amount of the bond.

C.

Forms of Security. The form of security shall be one or a combination of the following at the option of and subject to the approval of the city attorney:

1.

A bond by an insurer admitted to transact surety insurance in the State of California. The form of the bond or bonds shall be in accordance with Government Code Sections 66499.1, 66499.2, 66499.3 and 66499.4;

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 irrevocable letter of credit from one or more financial institutions regulated by the state or federal government pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment and will be released only upon receipt of written instructions from the city. The form of the letter must be approved by the city attorney;

4.

An instrument of credit from an agency of the state, federal or local government when any agency of the state, federal or local government provides at least 20 percent of the financing of the portion of the project requiring security;

5.

A lien upon the property to be divided, created by contract between the owner and the city, if the city finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map; the lien shall conform to Government Code Section 66499(b);

6.

A deed of trust which shall be recorded in the county recorder's office and which conforms to Government Code Section 66499(b); or

7.

Any other comparable form of security, acceptable to the city, as provided in Government Code Section 66499.

D.

Release of Improvement Security.

1.

Performance security. The city shall release performance security only upon acceptance of all improvements by the city.

2.

Material and labor security. The city shall reduce security given to secure payment to the contractor, subcontractors, and to persons furnishing labor, materials or equipment, six months after the completion and acceptance of improvements by the city, to an amount equal to the amount of all claims filed and of which notice has been given to the city. The city shall release the balance of the security upon the settlement of all claims and obligations for which the security was given.

3.

Warranty security. The city shall release the warranty security upon satisfactory completion of the warranty period; provided:

4.

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

5.

Not less than twelve months has elapsed since the acceptance of the improvements by the city council.

(Ord. 744 § 1 (part), 2005)

A.

The construction methods and materials for all improvements shall conform to the conditions of approval, city design standards, detail drawings and construction specifications and are subject to inspection and approval by the city engineer.

B.

Construction shall not begin until all required improvement plans are approved by the city engineer. Grading plans must conform to submitted improvement plans and shall provide for drainage. Grading shall not commence until the provisions of the city grading ordinance have been met.

C.

A final report acceptable to the city engineer shall be prepared for each preliminary soil engineering report and for each preliminary engineering geology report. Each final report shall be submitted at the completion of the grading work, prior to the release of grading bonds, and prior to issuance of building permits. Each final report shall contain complete field data to indicate full compliance with the preliminary report and subsequent recommendations based on new information acquired during construction. The soil engineer shall provide written approval as to the adequacy of the site for the intended use based on soil engineering factors. The engineering geologist shall provide written approval as to the adequacy of the site for the intended use as affected by geologic factors.

D.

The subdivider shall notify the city engineer one full working day before beginning any work. All work done in constructing the improvements and all materials furnished shall be subject to the inspection of the city engineer. The city engineer and the flood control district shall have access to the work at all times during its construction and shall be furnished with every reasonable facility for ascertaining that the materials used and the workmanship are in accordance with the requirements of this title. If any of the work on improvements is done by the divider before the inspection of the improvements as required by the city engineer, the city engineer may reject that work, and it is deemed to have been done at the risk of the subdivider.

E.

The subdivider shall prosecute the work to completion without undue delay except for inclement weather or other reasonable cause. If there is a delay in completion of the work beyond the period stated in the subdivision improvement agreement, unless an extension is approved by the city council and the surety company, the city council may take appropriate steps to use the security to complete the work.

F.

The city engineer shall also inspect private streets and the utility systems improvements for conformance with this code and the zoning ordinance, and the city design standards, detail drawings and construction specifications.

(Ord. 744 § 1 (part), 2005)

16.16.090 - Time of completion.

A.

Major subdivisions.

1.

The subdivider shall complete the improvements for a subdivision of five or more lots within twelve months from the recording of the final map, unless an extension is granted by the city council.

2.

If the subdivider fails to complete the improvements within the specified time, the city may, by resolution of the city council, cause the uncompleted improvements to be completed, and the parties executing the performance security shall be firmly bound for the payment of all costs.

B.

Minor subdivisions. The completion of improvements for subdivisions of four or fewer parcels is not required until a permit or other grant of approval for the development of a lot within the subdivision is applied for. However, the city may require completion of the improvements within twelve months from the recording of the parcel map when it finds that the completion of the improvements is necessary for public health or safety or for the orderly development of the surrounding area. The planning commission or city council may make this finding at the time of tentative map approval. The specified date, when required, shall be stated in the subdivision improvement agreement.

C.

Extensions.

1.

The city council may extend the completion date upon written request by the subdivider and the submittal of adequate evidence to justify the extension. The request shall be made at least thirty days before expiration of the subdivision improvement agreement. No extension shall be granted if any lot within the subdivision has been sold.

2.

The subdivider shall enter into a subdivision improvement agreement extension with the city. The agreement shall be prepared by the city engineer, approved as to form by the city attorney, executed by the subdivider and surety and transmitted to the city council for its consideration. If approved by the city council, the mayor shall execute the agreement on behalf of the city.

3.

In passing upon a request for a subdivision improvement agreement extension, the city may require the following:

a.

Revision of improvement plans to provide for current design and construction standards when required by the city engineer;

b.

Revised improvement construction estimates to reflect current improvement costs as approved by the city engineer;

c.

Increase of improvement securities in accordance with revised construction estimates;

d.

Increase of inspection fees to reflect current construction costs; however, inspection fees are not subject to decrease or refund; and

e.

The city council as a condition to approving a time extension for the completion of improvements may impose additional requirements relating to the physical improvements, considered necessary to bring the project into compliance with current ordinances, standards and policies.

4.

The subdivider shall pay the costs incurred by the city in processing the extension request and extension agreement.

(Ord. 744 § 1 (part), 2005)

A.

When the subdivider has completed all improvements, corrected all deficiencies, and submitted record drawings of the improvements, the city shall consider the subdivision improvements for acceptance. The

city council shall act by resolution accepting any previously rejected improvements for maintenance and also accepting the public streets and easements for these improvements.

B.

When dedications of rights-of-way, dedications of easements or improvements are accepted for public purposes, the city clerk shall file a notice with the county recorder.

(Ord. 744 § 1 (part), 2005)

Chapter 16.18 - REVERSION TO ACREAGE

16.18.010 - General.

A.

Property which has been subdivided may be reverted to acreage in accordance with the Subdivision Map Act and this chapter.

B.

A subdivision may be merged or merged and resubdivided without reverting to acreage in accordance with Chapter 16.20 of this title.

(Ord. 744 § 1 (part), 2005)

16.18.020 - Initiating proceedings.

Proceedings for reversion to acreage may be initiated by either:

A.

The city council on its own motion, in which case the council shall direct the department to obtain the necessary information; or

B.

Petition of all of the owners of record of the real property within the subdivision. The petition shall comply with Section 16.18.030 of this chapter and shall be submitted to the department.

C.

Fees. Petitions to revert property to acreage shall be accompanied by a fee as set forth by council resolution. If the proceedings are initiated pursuant to paragraph (B) of this section, the person or persons who requested the city council to initiate the proceedings shall pay a fee as set forth by city council resolution. Fees are not refundable.

(Ord. 744 § 1 (part), 2005)

16.18.030 - Form of petition.

The petition shall contain the following:

A.

Adequate evidence of title to the property;

B.

Sufficient data to enable the city council to make the determinations and findings set forth in Section 16.18.040 of this chapter;

C.

A final or parcel map delineating dedications that will not be vacated and dedications required as a condition to reversion. Such a final or parcel map shall be conspicuously designated with the title, "The Purpose of this Map is a Reversion to Acreage"; and

D.

Such other relevant information as the city may require.

(Ord. 744 § 1 (part), 2005)

16.18.040 - Council hearing and determination.

A.

The department shall submit the completed petition together with a report and recommendation to the city council for consideration.

B.

The city council shall consider the matter at a public hearing, with notice of the hearing as provided in Government Code Section 66451.3.

C.

The city council may approve a reversion to acreage only if it finds and records by resolution that:

1.

Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and

2.

Either:

a.

All owners having an interest in the real property within the subdivision have consented to reversion, or

b.

None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later, or

c.

No lots shown on the final or parcel map or portion thereof have been sold within five years from the date such map was filed for record.

D.

The city council may require as conditions of the reversion:

1.

That owners dedicate or offer to dedicate streets, public rights-of-way or easements;

2.

That all or a portion of previously paid subdivision fees, deposits or improvements securities be retained if they are necessary to accomplish any of the purposes or provisions of this title; and

3.

Such other conditions of reversion as are necessary to accomplish the purposes or provisions of this title or necessary to protect the public health, safety or welfare. A tax bond is not required.

(Ord. 744 § 1 (part), 2005)

16.18.050 - Recording.

A.

If the city council approves the reversion, the city clerk shall transmit the final or parcel map, together with the council resolution, to the county recorder.

B.

Upon such filing, the reversion is effective and all dedications and offers of dedication not shown on the map are terminated.

(Ord. 744 § 1 (part), 2005)

Chapter 16.20 - PARCEL MERGER