Salinas Municipal Code § 31-1001 Improvement agreements

Requirements for improvement plans are detailed in Resolution No. 12963, the city's Standard Specifications, Design Standards, and Standard Plans (Appendix A), Stormwater Standard Plans (Appendix B), and NPDES permit. No permanent improvement work shall be commenced until improvement plans and profiles, showing all improvements to be made and utilities to be installed, have been approved by the city engineer, unless prior exceptions have been approved in writing by the city engineer. Improvements shall be installed to permanent line and grade in accordance with the approved plans and specifications, city design standards, and standard specifications as adopted by the city council.

All improvement plans shall be prepared by a registered civil engineer licensed by the state of California.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

(a) The improvement plans shall show complete plans, profiles and details for all required improvements to be constructed, including both public and private improvements and off-site and on-site improvements. The plans shall be legibly drawn, printed, or reproduced on twenty-four inch by thirty-six inch sheets. A border shall be made on each sheet providing one-half inch at top, bottom, and right side and one and one-half inch binding strip on the left side. A suitable title block shall be placed in the lower right corner or along the bottom or right edge and provide adequate space for signature and stamp approval by the city engineer and for approval of plan revisions. Signature blocks shall be provided to include the fire chief's approval of water system and hydrant locations and director overseeing maintenance operations.

(b) Plan and profiles shall be drawn to the scale of one inch equals forty feet or larger unless otherwise approved by the city engineer. Details shall be drawn and dimensioned to such scale that clearly shows the facility being constructed. The scales for various portions of the plans shall be shown on each sheet. Graphical scales shall be furnished on plan drawings. All lettering heights shall be one-eighth inch minimum.

(c) A north arrow shall be shown on each sheet when applicable. Plans shall be laid out to orient north to the top or toward the left edge unless otherwise approved by the city engineer.

(d) A vicinity map shall be shown on the first sheet of all sets of plans. If the plans include three or more sheets, a plan drawing reflecting the overall layout of streets, lots, easements, storm drains, an index of sheets and vicinity map shall be included. A composite sheet will also be required for all subdivisions having twenty or more units or lots.

(e) The form and contents of all plans shall conform to additional requirements as may be established by the city engineer. The final form of all plans shall be approved by the city engineer.

(f) Improvement plans shall include, but not be limited to: site grading (with existing and new contour lines, key ground elevations, and control points); drainage and sanitary sewer lines; structures and appurtenant facilities; street designs with typical structural sections, signing, channelization, parking layouts, striping, street lighting plans, utilities, and traffic signalization plans, as applicable.

(g) Hydrology, hydraulic, and NPDES compliance plans and calculations, engineer's estimate, bond estimates, and any structural and hydraulic calculations as may be required shall be submitted with the improvement plans to the city engineer. All calculations shall be legible, systematic, and signed/stamped/sealed and dated by a registered civil engineer licensed by the state of California and in a form approved by the city engineer.

(h) All such improvement plans and designs shall be supplemented with all necessary drawings, tables, schedules, notes and specifications, regarding labor, equipment, tools, materials, and methods for the construction of all improvements to city standards. Reference may be made to specific city standard plans or, as applicable, State Standard Plans in lieu of duplicating the drawings, which is not desired.

(i) A title block that provides adequate space for approval by the responsible department and for approval of plan revisions.

(j) The design for all improvements shall conform to standard civil engineering practice and particularly shall comply with the specific requirements in effect at the time of the approval of the tentative map.

(k) The final form of all plans shall specifically include typical cross sections and proposed final finished grades of all roads, and streets in the subdivision together with a profile showing the relation between finished grade and existing elevations; proposed length, size, slope and type of any drainage pipes and culverts or structures necessary for drainage, erosion control or to ensure public safety; elevations which shall be referenced to United States Geological Survey or other method approved by the city.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The subdivider shall submit a minimum of three sets of the improvement plans, specifications, and all computations to the city engineer for review. The city engineer shall review the improvement plans in conformance with procedures, definitions, and time limits of Section 66456.2 of the Subdivision Map Act. Upon completion of the review, one set of the preliminary plans, with the required revisions indicated, will be returned to the subdivider's engineer. After completing all required revisions to the satisfaction of the city engineer, the subdivider's engineer shall transmit the originals of the improvement plans to the city engineer for signature.

Upon finding that all required revisions have been made and that the plans conform to all applicable city ordinances, and conditions of approval of the tentative and parcel map, the city engineer shall sign and date the plans. The originals will be returned to the subdivider's engineer, who shall provide the city engineer with three sets/copies of said plans.

Approval of the improvement plans shall not be construed as approval of public utilities, including, but not limited to, telephone, cable television, water, gas, dark fiber conduit, or electric service construction plans.

Approval by the city engineer shall in no way relieve the subdivider or the subdivider's engineer from responsibility for the design of the improvements, for any deficiencies resulting from the design, or from compliance with any required conditions of approval of the tentative or parcel map.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

(a) By subdivider. Requests by the subdivider or the subdivider's engineer for revisions to the approved plans during construction shall be submitted in writing to the city engineer and shall be accompanied by revised drawings showing the proposed revision and reason for the change. The city engineer may approve the revisions to the plan if the proposed revisions: 1) substantially conform with the approved tentative and final map, or approved parcel and parcel map, as applicable; 2) conform to all city codes and standards; and 3) will not have a detrimental effect on public health and safety. The subdivider's engineer shall revise the plans and transmit the originals to the city engineer for initialing within the time specified by the city engineer. Upon receipt of the initialed originals, the subdivider's engineer shall immediately transmit revised drawings to the city engineer. Construction of any proposed revision will not be permitted to commence until revised plans have been received and forwarded to the development and engineering services department.

(b) By city engineer. When revisions are deemed necessary by the city engineer to protect public health and safety, or as field conditions may require, a notice in writing shall be made to the subdivider and subdivider's engineer. The subdivider's engineer shall revise the plans and transmit the originals to the city engineer for initialing within the time specified by the city engineer. Upon receipt of the initialed originals, the subdivider's engineer shall immediately transmit revised drawings to the city engineer. Construction of all or any portion of the improvements may be stopped by the city engineer until revised drawings have been submitted.

(c) Following the completion of approved final plans, complete with revisions, the subdivider shall furnish to the city engineer a complete set of reproducible plans (Mylar, vellum or other formed approved by the city engineer) for permanent file. The subdivider shall also provide a suitable electronic file (e.g. CAD file), compatible with the city's Geographic Information System (GIS) and/or CAD system(s), of the subdivision and improvement plan information.

(d) If the subdivider disagrees with any action of the city engineer regarding revisions to approved plans, the city engineer's decision may be appealed to the planning commission pursuant to procedures for administrative appeals contained in Section 31-310, appeals.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Costs incurred by the city for the checking of plans or calculations or inspection as a result of revisions to the approved improvement plans shall be borne by the subdivider at actual cost. The city may require a deposit, which shall be submitted with the revised prints and shall be applied toward the actual costs of the city's review.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Where required improvements have not been completed and accepted before final map or parcel map approval, the subdivider shall commit to complete those improvements by agreement with the city. The agreement shall be prepared and signed by the city engineer, and shall be approved as to form by the city attorney. The city council may, upon approval of the city attorney, enter into improvement agreements for subdivisions of five or more lots pursuant to Section 31-402.7, action by city council. The city engineer may, upon approval of the city attorney, enter into improvement agreements for subdivisions of four or fewer lots pursuant to Section 31-603.6, improvement agreements.

The improvement agreement shall include provisions for all of the following:

(a) Construction of all improvements according to the approved improvement plans and specifications on file with the city engineer.

(b) Completion of improvements within the time specified by Sections 31-1003.3 through 31-1003.4.

(c) Installation of all property corner points and city monuments.

(d) Right of city to modify plans and specifications pursuant to Section 31-1000.3.

(e) Warranty by subdivider that construction will not adversely affect any portion of adjacent properties.

(f) Payment of inspection fees in accordance with the city's resolution establishing fees and charges.

(g) Payment of in-lieu fees for undergrounding of utilities on peripheral streets where appropriate; payment of in-lieu fees for parkland dedication where appropriate.

(h) Payment of drainage district or area fees.

(i) Improvement security as required by this article.

(j) Maintenance and repair of any defects or failures and their causes.

(k) Release of the city from all liability incurred by the development and payment of all reasonable attorney's fees that the city may incur because of any legal action arising from the development.

(l) Any other deposits, fees, or conditions as required by city ordinance or resolution and as may be required by the city engineer.

(m) Dedication and transfer of title.

(n) Surety bond descriptions.

(o) Provisions as to right-of-way acquisitions.

(p) Indemnification of city.

(q) Liability insurance requirements.

Developers are responsible only for a proportionate share of necessary public works facilities, and may be eligible for reimbursement or credit of "oversized" facilities in accordance with policies established in city resolutions.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

If a 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, acquisition of land or right-of-way for such improvements shall be carried out in accordance with Section 66462.5 of the Subdivision Map Act. The subdivider shall reimburse the city for the cost of acquiring the interest in the land required to construct the off-site improvements, including but not limited to reimbursement for land cost, appraisals, attorneys' fees, interest, relocation, environmental review, and all other costs incurred to enable the city to purchase the property.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The frontage improvements along existing peripheral streets may be deferred when deemed necessary by the city engineer. Deferral may be allowed when the city engineer finds that construction is impractical due to physical constraints, or similar improvements are absent from the surrounding neighborhood. When improvements are deferred, the subdivider shall enter into an agreement with the city for the installation of all frontage improvements at a future time as specified by the city. The agreement shall provide:

(a) Construction of improvements shall commence within ninety days of the receipt of the notice to proceed from the city.

(b) In the event of default by the owner, successors or assigns, the city is authorized to cause construction to be done and to charge the entire cost and expense to the owner, successors or assigns, including interest from the date notice is given until construction is complete, and all city expenses are paid. In the event that any costs charged against the owner and any successors or assigns of the thereto remains unpaid, the same may become a lien or, in the alternative, a special assessment against the real property upon which the construction was completed.

(c) The city engineer shall file the agreement for recordation with the county recorder's office at the expense of the owner and shall constitute notice to all successors and assigns of the title to the real property of the obligation set forth, and, at the option of the city, may be in the form of a deed of trust, so that the property may be subject to foreclosure in event of default.

(d) In the event of litigation occasioned by any default of the owner, successors or assigns, the owner, successors or assigns agree to pay all costs involved, including reasonable attorney's fees, and all costs shall become a part of the lien against the real property.

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

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

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

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

No final map or parcel map shall be approved or recorded until all improvement securities required by this section have been received and approved.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Securities shall be required for all improvement agreements. Such securities shall be guaranteed and posted prior to the approval or recordation of the final map or parcel map. Securities shall be in the form of cash, performance bond or letter of credit, as follows:

(a) Faithful performance bond. The subdivider may file a bond to cover the cost of construction of the improvements and incidental expenses and to cover replacements damaged in the development of the subdivision. Such bond shall be executed by a surety company authorized to transact a surety business in the state of California and must be satisfactory to and be approved by the city attorney as to form and by the city engineer as to sufficiency. The form of the bond or bonds shall be in accordance with Sections 66499.1 and 66499.2 of the Subdivision Map Act.

(b) Letter of credit. The subdivider may file an instrument of credit or a certificate of deposit from one or more financial institutions subject to regulation by the state or federal government. This instrument or certificate shall be deposited in the name of the city and held for the purpose of carrying out the terms of the improvement agreement.

(c) Cash. In lieu of a performance bond or letter of credit, the subdivider may deposit with the city cash money in an amount fixed by the city engineer.

Security required from California nonprofit corporations shall be made consistent with the procedures, definitions, and provisions of Section 66499.3(c) of the Subdivision Map Act.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The minimum amount of security that is posted shall be as follows:

(a) A performance bond or security in the amount of one hundred twenty-five percent of the estimated construction cost to guarantee the construction or installation of all improvements as well as the cost of exercising the bond instrument. If the performance security is a cash deposit with the city, the amount of the security may be reduced to an amount below one hundred percent, but to no less than seventy-five percent of the estimated construction costs.

(b) A performance bond or security in the amount of one hundred twenty-five percent of the estimated construction cost shall be required to guarantee the payment to the subdivider's contractor, subcontractors, and to persons furnishing labor, materials, or equipment for the construction or installation of improvements, as well as the cost of exercising the bond instrument.

(c) An amount to cover final survey and monumentation of the subdivision. Amount shall not be less than the number of monuments shown to be set times one thousand dollars per each monument.

(d) An amount determined by the city engineer, but not less than ten percent of the construction cost, necessary for the warranty of the work for a period of one year following the completion and acceptance thereof against defective labor and materials

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

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

(a) Not less than ten percent of the total construction cost for contingencies.

(b) Increase for projected inflation computed to the estimated midpoint of construction.

(c) All utility installation costs or a certification acceptable to the city engineer from the utility company that adequate security has been deposited to ensure installation.

(d) Pursuant to Section 66499.4 of the Subdivision Map Act, enforcement costs shall be included in the amount of the security, including costs, reasonable expenses, and fees, including attorney's fees.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

After acceptance of the subdivision improvements by the city, the subdivider shall provide security as the city engineer deems 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 furnished. The amount of the warranty security shall not be less than ten percent of the cost of the construction of the improvements, which shall be retained for the one-year warranty period. In creekside areas and hillside areas with slopes greater than ten percent, the warranty security shall be not less than fifty percent of the construction cost of improvements.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

All security that has been posted to guarantee completion of the subdivisions improvements shall be released upon completion of the improvements and final inspection and approval by the city engineer. The release of securities shall be implemented pursuant to the provisions of Section 66499.7 of the Subdivision Map Act. This release may not apply to any and all securities that are posted pursuant to Section 31-1002.4, warranty security.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The construction methods and materials for all improvements shall conform to the standard plans and specifications of the city. The general provisions of the city's standard specifications shall apply to the subdivider where applicable.

Construction shall not commence until required improvement plans have been approved by the city engineer.

Prior to commencing any construction, the subdivider shall arrange for a preconstruction conference with the city engineer, representatives from utility companies, and the subdivider's contractors.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

All improvements are subject to inspection by the city engineer or authorized personnel in accordance with the city's standard specifications and the approved improvement plans.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

(a) Upon completion of the subdivision improvements, the subdivider shall apply in writing to the city engineer for a preliminary inspection prior to final inspection. The city engineer or authorized representative shall schedule a preliminary inspection.

(b) A deficiency list shall be compiled during the inspection, noting all corrections or any additional work required. If the number of items is excessive or the subdivision appears incomplete, the preliminary inspection may be halted and rescheduled on a date as determined by the city engineer or authorized representative.

(c) When the preliminary inspection has been completed, a copy of the deficiency list shall be transmitted to the subdivider for correction.

(d) After completing all corrections or additional work as outlined by the deficiency list, the subdivider shall certify in writing that all corrections have been completed satisfactorily and request a final inspection. The city engineer or authorized representative shall then make a final inspection.

(e) After finding that all items on the deficiency list have been corrected and upon receipt of as-built improvement plans, the public improvements shall be placed on the city council agenda for acceptance as complete and dedicated for public use.

(f) The completion of items shown on the deficiency list shall not relieve the subdivider from responsibility for correcting any deficiency not shown on the list that may be subsequently discovered.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

All subdivision improvements shall be completed by the subdivider and inspected and approved by the city engineer within twelve months from the date of recording of the final map, unless the city engineer approves an extension of time, not to exceed thirty-six months from the date of recording of the final map. The subdivider may request a further extension from the city council pursuant to Section 31-1003.5, extensions of completion deadline.

Should the subdivider fail to complete the improvements within the specified time, the city may, by resolution of 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.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

For subdivisions of four or fewer parcels and for a designated remainder parcel, construction of improvements shall not be required until a permit or other development approval for the remainder parcel is issued by the city, or until the construction of the improvements is required pursuant to an improvement agreement. In the absence of an improvement agreement, the city may require construction of improvements within a reasonable time following approval of the final or parcel map and prior to the issuance of a permit or other development approval for the remainder parcel upon a finding by the city that the improvements are necessary because of:

(a) The public health and safety.

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

This finding shall be made by the city engineer. The specified date for completion of the improvements, when required, shall be stated in the improvement agreement. Improvements shall be completed prior to final building inspection or occupancy of any unit within the subdivision or on the remainder parcel.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The completion date may be extended by the city council for subdivisions of five or more parcels and by the city engineer for subdivisions of four or fewer parcels upon written request by the subdivider, provided that the extension request is filed at least thirty days before the expiration of the improvement agreement, and substantial evidence is submitted to justify the extension.

Prior to consideration of the request by the city council or city engineer, the subdivider shall sign an improvement agreement extension with the city. For subdivisions of five or more parcels, the agreement shall be prepared and signed by the city engineer, approved as to form by the city attorney, executed by the subdivider and surety, and transmitted to the city council for their consideration. If approved by the city council, the mayor shall execute the agreement on behalf of the city. For subdivisions of four or fewer parcels, the agreement shall be prepared and signed by the city engineer, approved as to form by the city attorney, and executed by the subdivider and surety.

In consideration of extending the improvement agreement, the city council and city engineer may require the following:

(a) Revision of improvement plans to provide for current designs 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 in inspection fees to reflect current construction costs. However, in no case shall inspection fees be decreased or refunded.

The city council upon recommendation of the city engineer may impose additional requirements to ensure that the improvements are completed in a timely fashion.

The costs incurred by the city in processing the agreement shall be paid by the subdivider per adopted fee schedules.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The following procedure will apply to the acceptance of improvements:

When all improvement deficiencies have been corrected and as-built improvement plans submitted, the subdivision improvements shall be considered by the city for acceptance. Improvements for subdivisions of five or more parcels shall be accepted by the city council. The city engineer is authorized to accept improvements for subdivisions of four or fewer parcels.

Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

If the improvements have been accepted by the city and public improvements have been dedicated on a final map, the city clerk shall file an acceptance of public improvements with the county recorder. The city engineer shall accept dedications on parcel maps and the city clerk shall then file the parcel map with the county recorder.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

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

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

(Ord. No. 2585 (NCS), § 1, 12-13-2016)