Shasta Lake Municipal Code Ch. 16.16 Improvements

No work of improvement, construction of any permanent structure or installation of a mobile home shall commence before the final map, parcel map, or notice of waiver of parcel map is filed for record. This section does not apply to clearing for purposes of surveying to prepare a map or to any construction or improvement approved as a condition of approval of a tentative map, provided that improvement and construction plans have been checked and approved by the department of public services and any use permit, building permit or other entitlement for use or other grant of approval for the work which may be required by law is first secured. As used in this chapter, "work" includes "improvement" and "construction" includes "installation."

(Ord. 97-98 § 15.16.010)

A. When a tentative map has been approved or conditionally approved, construction of improvements may begin if and only if:

1. Water potability and quantity have been approved in writing by the public works director and if necessary, the county health officer;

2. The estimated cost of construction plan checking and city inspection services, as determined by the director of public services, has been deposited with the director and improvement and construction plans, in a form as required herein, have been approved in writing by the director. The plans shall show the complete plans, profiles, and details for all street work and bridges, drainage channels and embankments, including sedimentation and erosion controls; the location of underground utilities which may control the location and elevation of storm drains and culverts; the location of fire hydrants and street monuments; curbs, gutters, sidewalks, fences, gates and driveways if constructed in conjunction with subdivision improvements; grading for streets, lots, and improvements; and any other improvements or work which may be required. If the plans include five or more sheets, a key map showing the relationship among all sheets shall be included in the first sheet of plans;

3. In the case of improvements which include sanitary sewers, storm drains or water systems to be accepted by or operated by a public agency, the plans are reviewed and approved by the accepting jurisdiction prior to approval of the remainder of the plans;

4. The plans and profiles are submitted on sheets of uniform size, as determined by the director of public services; a border is provided with a suitable title block in the lower right-hand corner; and the scales for various portions of the drawings, and the north point where applicable, are shown on all sheets. Reference may be made to applicable city standard details in lieu of duplicating the drawings therein;

5. After preparation of a required soils investigation report, a true statement of soil conditions is filed with the department of public services prior to approval of the plans. The statement shall indicate the maximum fill material used or proposed to be used on each lot and that the soil has been or will be prepared in accordance with the recommendations of a qualified registered civil engineer.

B. 1.

The plans shall be prepared by a registered civil engineer for all tentative maps which propose creation of five or more parcels or which propose or will require any of the following: (a) the use of more than one culvert or a single culvert in excess of eighteen inches in diameter; (b) a cut bank, filled bank or fill area of over five feet vertical height; or (c) a street grade in excess of ten percent.

2. When preparation of plans by a registered civil engineer is not required, the plans shall include horizontal and vertical alignments; typical sections and the sizes and locations of culverts, as previously approved by the department of public services, and any other information required by the department of public services.

(Ord. 97-98 § 15.16.020)

A. The department of public services and, if necessary the county health officer, shall approve, conditionally approve or disapprove, or specify necessary corrections to the plans not more than thirty (30) days after submission of the plans to them and shall report their determinations to the subdivider or his agent. The director of public services may specify phases of construction and require appropriate inspections to be made at the end of a phase as a condition precedent to undertaking the next phase. When improvements are required, approval of the plans by the department of public services and the health department is a condition precedent to approval of a final map or parcel map pursuant to Sections 16.12.020, 16.12.030, 16.12.040, 16.12.050 and 16.12.060 of this chapter.

B. Construction of improvements shall be inspected by the department of public services and the county health officer, as appropriate.

(Ord. 97-98 § 15.16.030)

A. If any required improvements are not approved as complete by the department of public services at the time of approval of the final map or parcel map, the subdivider, as a condition precedent to approval of the map, shall enter into an agreement to construct the improvements within one year of the recordation of the map pursuant to Government Code Section 66462. The term of any such agreement for the completion of required improvements may be extended by subsequent agreement(s) for a combined additional period not to exceed five years, subject to the following findings by the city council prior to approving any such extension:

1. The extension will not cause or contribute to public health or safety problems, or impede the orderly development of the surrounding area;

2. All of the parcels created in the subdivision remain under common ownership; and

3. Performance security as of the date of the extension of time to complete the improvements is adequate to insure completion of the remaining improvements.

An extension may be conditioned upon construction of the improvements to meet city standards in effect when the extension is approved, as set forth in the agreement extending the time of performance, and these standards shall then supersede any prior standards approved or agreed upon if made applicable.

(Ord. 97-98 § 15.16.040)

Whenever improvements are to be dedicated to public use or accepted for maintenance by the city, the subdivider shall, prior to approval of the final map, parcel map or waiver of parcel map, enter into an agreement to maintain the improvements at no expense to the city against any defective work or labor done or defective materials used. As used in this section and Section 16.16.060 of this chapter, a defect in work, labor or materials includes, but is not limited to, the failure of an improvement, during the term of an agreement, to meet applicable city standards or to be fit for its intended use. The term of the agreement shall be one year from the date of acceptance of the dedication or of acceptance of the improvement for maintenance by the city unless the director of public services determines that the condition and circumstances in a particular case require a longer period. In lieu of agreement with the subdivider, the city may, at its option, enter into an equivalent agreement with the contractor who performed the work.

(Ord. 97-98 § 15.16.050)

If any improvements are not approved as complete by the department of public services at the time of approval of the final map or parcel map, the subdivider shall furnish good and sufficient security as set forth in Government Code Sections 66499 et seq.:

A. In an amount not less than one hundred (100) percent of the total estimated cost of the improvements or of the acts to be performed, conditioned upon faithful performance of the acts or agreements;

B. In an additional amount of not less than fifty (50) percent of the total estimated cost of the improvements or the performance of the required acts, to secure payment to the contractor, his or her subcontractors and others who furnish labor, materials or equipment to them for the improvements or performance of the required acts;

C. In an additional amount, to be determined by the director of public services, necessary to guarantee and warranty the work for a period of one year, following the completion of the work and the acceptance of it for maintenance by the city, against any defective work or labor done or defective materials furnished. If the maintenance agreement is made with the contractor instead of the subdivider pursuant to subsection B of this section, the city may accept the security required by this section from the contractor.

(Ord. 97-98 § 15.16.060)

After the improvements are constructed or installed, and the subdivider has requested acceptance of them for maintenance by the city, the city council shall determine whether the improvements are satisfactory. After an agreement for maintenance is executed under Section 16.16.050 of this chapter, and security is delivered to the department of public services under Section 16.16.060 of this chapter, the city council may accept satisfactory improvements for maintenance by the city. If improvements offered for acceptance are found to be unsatisfactory, the council shall not accept them but shall direct the director of public services to advise the subdivider or his or her agent in writing of the deficiencies.

(Ord. 97-98 § 15.16.070)

Following the completion of improvements to be accepted by the city and prior to the filing of the final map or parcel map, the director of public services shall determine the actual cost of construction plan checking and city inspection services and advise the subdivider thereof. If that amount exceeds the estimate deposited with the director under Section 16.16.020 of this chapter, the subdivider shall pay the balance due to the director, and if the actual cost is less than the estimate, the director shall promptly refund the overpayment to the subdivider.

(Ord. 97-98 § 15.16.080)