Chapter 17.852 — IMPROVEMENT PLANS AND PERMITS

A. Improvement plans shall be submitted for review and completed by the subdivider, and accepted by the director of public works and the director of utilities, prior to the acceptance of the final map or parcel map for filing by the director of public works.

B. Plans shall conform to improvement standards in chapter 17.504. The final map or parcel map shall not be deemed to be submitted for approval until the preparation of the plans is complete and the plans are accepted. (Ord. 2017-0009 § 29)

A. Improvement plans shall be prepared by or under the direction of a registered civil engineer and shall show full details of all improvements required to be installed by the provisions of chapter 17.504, and of all other improvements proposed to be installed by the subdivider within any street, alley, pedestrian way, easement or other public area or right-of-way. Full details shall include cross sections, profiles, estimated costs and specifications.

B. The form, layout, scale, other particulars of the plans, and number of copies to be provided, shall be in accordance with the requirements of the director of public works and the director of utilities. (Ord. 2017-0009 § 29)

Prior to the commencement of grading, construction, or installation of any improvements within any street, alley, pedestrian way, easement, or other public area or right-of-way, improvement plans shall be accepted by the director of public works and the director of utilities. (Ord. 2017-0009 § 29)

All improvements shall be constructed under the inspection of the director of public works and director of utilities and the subdivider shall cause all improvement work to be inspected at the times that are required by the director of public works. Subdivider shall pay city a fee to defray city's costs to make the inspections, the rate of which shall be determined by resolution of the council. (Ord. 2017-0009 § 29)

All work and improvements contemplated by and performed pursuant to these regulations and chapter 17.504 shall be accomplished to minimize interference with and coordinate with other construction activities or developments of or on behalf of the city and nearby private development. (Ord. 2017-0009 § 29)

— 17.852.060 Improvements waived Clarifying records or reversion to acreage.

If it is determined by the director of public works and director of utilities that the subdivision has been submitted only for the purpose of clarifying records by consolidating existing lots and metes and bounds parcels, or for the purpose of absorbing vacated streets or alleys by reversion to acreage, or both, the city council may, upon recommendation of the

director of public works and director of utilities, waive all or a portion of the improvements that otherwise would be required. (Ord. 2017-0009 § 29)

As a condition of approval of a tentative map, it may be required that improvements installed by the subdivider for the benefit of the subdivision be of a supplemental size, capacity or number for the benefit of property not within the subdivision, and that the improvements be dedicated to the public. If such a condition is imposed, provision for reimbursement to the subdivider in the manner provided by section 66486 of the California Government Code shall be contained in the subdivision improvement agreement. (Ord. 2017-0009 § 29)

A. If the required improvements are not satisfactorily completed before a final map or parcel map is recorded, the subdivider shall enter into an agreement with the city to make all improvements as may be required upon approval of such map. The requirements of such improvement agreement shall not be waived under any circumstances.

B. The purpose of the improvement agreement includes, among other considerations, elimination and avoidance of the harmful effects of premature subdivision which leaves property undeveloped and unproductive. Therefore, commencement of construction of the improvements under the agreement shall not be a condition precedent to the enforcement and requirement of specific performance under said agreement.

C. The benefit of the subdivision improvement agreement inures solely to the city and shall not be construed to benefit any third parties not signatory to said agreement, including, but not limited to the following: lot purchasers; subcontractors; laborers; and suppliers. (Ord. 2017-0009 § 29)

A. The improvement agreement shall be in writing, shall be approved as to form by the city attorney, and shall be secured and conditioned as provided in this chapter. The improvement agreement or an acknowledged abstract of the improvement agreement shall be recorded simultaneously with the final map or the parcel map.

B. The improvement agreement or acknowledged abstract thereof, shall be complete and on file with the director of public works before the final map or parcel map is accepted for filing. The term of each improvement agreement filed pursuant to the provisions of this section shall begin on the date of filing and end upon the date of completion or fulfillment of all terms and conditions contained therein to the satisfaction of the director public works and director of utilities. (Ord. 2017-0009 § 29)

The improvement agreement shall include the following provisions as minimum terms and conditions of the agreement:

A. Mutually agreeable terms to complete all required improvements at the subdivider's expense;

B. A provision that the subdivider shall comply with all requirements of these regulations, chapter 17.504, and of other applicable laws, and with all terms and conditions of required improvement permits;

C. A statement indicating a period of time, satisfactory to the director public works and director of utilities, within which the subdivider shall complete all improvement work;

D. A provision that if the subdivider fails to complete the work within the specified period of time, or any extended period of time that may have lawfully been granted to the subdivider, the city may, at its option, complete the required improvement work and the subdivider and his or her 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;

E. Provision for the repair and replacement of defective material and workmanship of the improvements by the subdivider for a period of 12 months after the improvements have been accepted by the director public works and director of utilities;

F. Provision for the inspection of all improvements of the subdivision by the director public works for a period of 12 months after the improvement acceptance date;

G. A provision guaranteeing payment to the city for all engineering and inspection costs and fees and all other incidental expenses incurred by the city;

H. A description of all lands within the exterior boundaries of the subdivision. (Ord. 2017-0009 § 29)

The improvement agreement may also include the following provisions and such other additional terms and conditions as may be required upon approval of the tentative map or as are determined necessary by the director public works and director of utilities to carry out the intent and purposes of these regulations:

A. Provision for the repair, at the subdivider's expense, of any damage to public streets which may reasonably be expected to result from hauling operations necessary for subdivision improvements required by these regulations, including the importing or exporting of earth for grading purposes;

B. Mutually agreeable terms to acquire public easements which are outside the boundaries of the subdivision at the subdivider's expense;

C. Mutually agreeable terms to improve, at some undetermined future date, easements offered and reserved for future public use at the subdivider's expense; providing that such improvements shall be secured by separate cash bond in the manner prescribed by sections 17.852.120 and 17.852.130; and further providing that only the

requirements of this provision shall not delay the release of any other improvement security provided pursuant to the aforementioned sections;

D. Provision for reimbursement to be paid the subdivider under the provisions of section 66486 of the California Government Code;

• E. Provision for setting required monuments after recordation of the final map or parcel map;

• F. Provision for the method of payment of any fees imposed by this chapter;

G. Provision for guarantee and warranty of the work, for a period of one year following completion and acceptance thereof, against any defective work or labor done or defective materials furnished, in the performance of the agreement with the city or the performance of the act. (Ord. 2017-0009 § 29)

A. General. Except as provided otherwise in subsection B of this section, a subdivider shall secure the improvement agreement entered into pursuant to section 17.852.110 in the following amounts:

1. Performance Security. An amount determined by the director public works and director of utilities to be 100% of the total estimated cost of the construction or installation of the improvements or of the acts to be performed, securing the faithful performance and completion of the improvements or acts to be performed;

2. Payment Security. An amount determined by the director public works and director of utilities to be not less than 50% nor more than 100% of the total estimated cost of the improvement or required act, securing payment to the

contractor, to the subcontractors, and to persons furnishing labor, materials or equipment for the construction or installation of the improvements or the performance of the required acts; and

3. Warranty Security. An amount determined by the director public works and director of utilities to be necessary for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials or equipment furnished.

B. Nonprofit California Corporations. Pursuant to section 66499.3 of the, entities that are California nonprofit corporations, funded by the United States of America or one of its agencies, or funded by the state of California or one of its agencies, are exempt from the requirements of subsections A.1 and A.2, provided they meet and fulfill the alternative security requirements specified in section 66499.3(c) of the Subdivision Map Act. (Ord. 2017-0009 § 29)

A. The improvement security shall be conditioned upon the faithful performance of the improvement agreement and shall be in one of the forms provided in section 66499 of the California Government Code.

B. A surety bond to secure the faithful performance of the agreement shall substantially conform to the form set forth in section 66499.1 of the California Government Code. A surety bond to secure payment to the contractor, subcontractor, and persons furnishing labor, materials or equipment shall substantially conform to the form set forth in section 66499.2 of the California Government Code.

C. Improvement security shall be filed with the director of public works, together with the improvement agreement, before the director of public works accepts the final map or parcel map for filing. The form of the improvement security shall be subject to the approval of the city attorney. (Ord. 2017-0009 § 29)

The liability upon the security given for the faithful performance of the agreement shall include the performance of any changes or alterations in the work; provided that all such changes or alterations do not exceed 10% of the original estimated cost of the improvement. (Ord. 2017-0009 § 29)

— 17.852.150 Release of improvement security Assessment district proceedings.

If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, upon the furnishing by the contractor of the faithful performance and payment bond required by the special assessment act being used, the improvement security of the subdivider may be reduced by the director of public works by the amount corresponding to the amount of such bonds furnished by the contractor. (Ord. 2017-0009 § 29)

A. Performance Security. The performance security shall be released only upon completion or fulfillment of all terms and conditions of the improvement agreement and acceptance by the director of public works. Such acceptance shall occur when the certificate of completion is signed by the director of public works. If a warranty security is not submitted, performance security shall be released 12 months after acceptance of improvements and correction of all warranty deficiencies.

B. Payment Security. Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment may, six months after the completion and acceptance of the improvements by the director of public works, be reduced to an amount equal to the amount of all claims therefor filed and of which notice

has been given to the city. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given.

C. Warranty Security. The warranty security shall be released upon satisfactory completion of the warranty period, provided that all warranty deficiencies have been corrected.

Pursuant to California Government Code sections 66499.7 and 66499.9, the release of improvement security as set forth above shall not apply to any costs, reasonable expenses or fees, including reasonable attorneys' fees. (Ord. 20170009 § 29)