Article 10 — Dedication and Improvement Regulations

As a condition of the approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision which are needed for streets or alleys (including the dedication or waiver of access rights and abutters' rights), bicycle paths, local transit facilities as provided by Section 66475.2 of the Subdivision Map Act, drainage, water, wastewater, common areas, open space areas, public service and utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets, drainage, common area landscape, water, wastewater, public service and utility easements and other public easements and facilities.

(Ord. 744-NS, eff. April 17, 1980)

At the time of the approval of the final map, the City Engineer may accept, subject to the improvement, or reject any dedications or offers of dedication that are made by statement on the map. The City Clerk shall certify on the map the action of the City Engineer. Offers of dedication shall be rejected and terminated as provided by Sections 66477.1 and 66477.2 of the Subdivision Map Act.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 4, Ord. 1537-NS, eff. June 25, 2010)

(a) Prior to submitting a final map or parcel map of a proposed subdivision for approval pursuant to Section 9- 3.946 of Article 9 of this chapter, the subdivider and all owners of land in the subdivision substantially interested in the subdivision shall execute an improvement agreement, in a form approved by the City Attorney, and as prescribed by the City Engineer, whereby the subdivider is bound to construct the improvements which have not been completed and accepted by the City prior to the approval of the final map or parcel map required for the subdivision pursuant to this Code.

• (b) The improvement agreement shall, at a minimum, contain the following standards and conditions:

• (1) The furnishing of good and sufficient improvement security as provided for in Article 11 of this chapter.

• (2) A requirement to maintain the improvements until accepted by the City.

• (3) A one year guarantee of the improvements after acceptance by the City.

• (4) Any other conditions required by the Subdivision Map Act or Chapter 3 of Title 9 of this Code.

• (c) Nothwithstanding the above, construction requirements of parcel maps and on parcels designated as remainders when a subdivision is of a portion of any unit of improved or unimproved land shall not be required until such time as a permit or other grant of approval for development of the parcel is issued by the City, unless construction is required pursuant to an agreement between the City and the subdivider, or unless the City Engineer requires construction within

a reasonable time following the approval of the parcel map and prior to the issuance of a permit or grant of approval for development upon a finding that construction is necessary for reasons of public health and safety or the orderly development of the surrounding area. The time of the completion of the construction requirements for subdivisions which have multiple final maps may be specified by the City Engineer, including the authority to require the completion of improvements on any of the multiple final maps, regardless of the sequence of the construction of the final maps by the subdivider, where the improvements are desirable to serve the residents of the subdivision being constructed or to accommodate the public generally who will be impacted by the subdivision.

(d) The agreement, executed by the subdivider, shall be submitted to the City Engineer, who shall execute the agreement on behalf of the City only after approval of the final map and the exhaustion of any appeal to the City Council provided under Section 9-3.946(e) of this chapter.

(e) The City Engineer’s action under this section may be appealed to the Council within ten (10) calendar days of the date of the action in the same manner that decisions of the Planning Commission are appealed to the Council pursuant to Section 9-4.702(a)(3) of this Code. The scope of such appeal shall be limited to conformance with Chapter 3 of the Subdivision Map Act and Chapter 3 of Title 9 of this Code.

Engineer’s action under this section may be appealed to the Council within ten (10) calendar days of the date of the action in the same manner that decisions of the Planning Commission are appealed to the Council pursuant to Section 9-4.702(a)(3) of this Code. The scope of such appeal shall be limited to conformance with Chapter 3 of the Subdivision Map Act and Chapter 3 of Title 9 of this Code.

(f) The City Engineer may execute amendments to an improvement agreement, approved as to form by the City Attorney, that are consistent with this section. In consideration for an amendment, the City Engineer may require, inter alia , the following:

(1) Revisions of improvement plans to provide for current design and construction standards when required by the City Engineer or Community Development Director;

(2) Revised improvement construction estimates to reflect current improvement costs, as approved by the City Engineer;

(3) Increase in the amount of improvement securities in accordance with revised construction estimates; and

(4) Increase of inspection and plan-check fees to reflect current construction costs or changes in the method of calculation, or both.

(g) Upon satisfactory completion of the improvements under the improvement agreement, the City Engineer may accept the improvements on behalf of the City, and in accordance with Streets and Highways Code § 1806(c), may accept streets and roads or portions thereof, into the City street system.

(h) Should the subdivider fail to complete the improvements in accordance with the terms and conditions of the improvement agreement, the City Engineer may cause any or all uncompleted improvements to the completed and the subdivider and sureties shall be firmly bound for the payment of all necessary costs incurred by the City.

(i) The Council shall periodically review the delegation of authority to the City Engineer provided by this section.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 4, Ord. 1537-NS, eff. June 25, 2010)

(Ord. 744-NS, eff. April 17, 1980, repealed by § 5, Ord. 1537-NS, eff. June 25, 2010)

All improvements for subdivisions shall be guaranteed by the subdivider following the final acceptance of all improvements of the subdivision. The guarantee shall extend to such replacements and/or repairs as may be required during the guarantee period in excess of routine maintenance for ordinary wear and tear. When final acceptance is made, the guaranteed period shall be in effect for one year thereafter. A guarantee security in an amount of at least ten (10%) percent of the estimated cost of the improvements of the subdivision shall be posted guaranteeing the replacement and/or repair of improvements. The amount of the guaranteed security in no way shall limit the subdivider’s guarantee as required by this section. No improvement security may be exonerated for a subdivision

specified by this section until a maintenance guarantee security is posted. The replacements and/or repairs shall be completed within the time specified after notification by the City Engineer of the need for such work or after the approval of any plans and specifications required therefor. An extension for the completion of the work may be granted upon the payment of the required fee prescribed by Council resolution.

(Ord. 744-NS, eff. April 17, 1980)

The improvement agreement executed pursuant to Section 9-3.1003 of this article shall include provisions for the planting within parkways or public service easements along sidewalks within the subdivision of at least one tree for each lot and two (2) trees for each corner lot in the subdivision. The trees and shrubs proposed to be planted shall be of a type selected from the planting pallets contained in the Forestry Master Plan and approved by the Public Works Director and the Community Development Director or their respective designees. A schematic plan for the proposed tree planting, showing the type and location of the trees, shall be prepared by a California registered landscape architect and shall be submitted to the Public Works Director and the Community Development Director for approval prior to the installation of such trees. The installation of such trees shall be made prior to the occupancy of any development requiring street trees. All or any part of this requirement may be waived if it is determined that the requirement would be unnecessary or unreasonable under the circumstances in any particular case. Such waiver shall be requested at the time of the review of the tentative map.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 13, Ord. 1217-NS, eff. September 27, 1994)

The subdivider shall prepare plans and specifications for the improvements required for the proposed subdivision pursuant to this Code, the Subdivision Map Act, and any other entity having jurisdiction over the improvements described therein.

(Ord. 744-NS, eff. April 17, 1980)

The City Engineer, or the engineer for any other entity having jurisdiction over the improvements shown in the improvement plans, and the Community Development Director shall review the plans and, only if they fully comply with the requirements of the Subdivision Map Act, this Code, and the other entity and substantially comply with the tentative map, shall they sign the certificate provided for in Section 9-3.946 of Article 9 of this chapter. (Ord. 744-NS, eff. April 17, 1980; § 5, Ord. 1637-NS, eff. January 12, 2018)

The improvement plans shall be printed or drawn clearly and legibly or be reproduced by process which results in a permanent record which will permit direct reproductions. Each sheet shall be twenty-four (24") inches vertically by thirty-six (36") inches horizontally, with a marginal line drawn completely around each sheet, leaving an entirely blank margin of two (2") inches on the left side and one-half (1/2") inch on the other three (3) sides. If the improvement plans include five (5) or more sheets, a key map showing the sheets and the area covered by each sheet of the plan shall be included on the first sheet of the plans. Preprinted standard title cover sheets for the improvement plans obtained from the City Engineer at cost may be used.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 25, Ord. 1250-NS, eff. January 9, 1996)

The improvement plans shall also include complete grading plans. The grading plans shall contain a title block and shall have a graphical scale in addition to a numerical scale. The grading plans may be submitted initially on sheets larger than twenty-four (24") inches by thirty-six (36") inches. However, if the initial plans are submitted on such larger sheets, after the proposed subdivision has been graded, the grading plans shall be resubmitted on sheets conforming in size and margin requirements to the remainder of the improvement plans. The grading plans resubmitted at the proper size may be a series of twenty-four (24") inches by thirty-six (36") inches photographically reproduced onto a permanent polyester base film, and made with proper overlap and title block from the initially submitted grading plans.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 26, Ord. 1250-NS, eff. January 9, 1996)

The grading plan portion of the improvement plans shall be legible and drawn to a scale wherein one (1") inch equals forty (40’) feet. A different scale may be used with the approval of the City Engineer. The remaining portions of the improvement plans shall be drawn to such scales as will permit the City Engineer, using good engineering practices to efficiently review the plans and supervise the construction of the improvements and properly inspect the improvements once constructed.

(Ord. 744-NS, eff. April 17, 1980)

The improvement plans shall be prepared according to good engineering practices and the standards of the City, or other entity having jurisdiction, under the direction of, and shall be signed by, a registered civil engineer licensed by the State. The improvement plans shall show the complete plans, profiles, and details for all the improvements to be placed in a proposed subdivision, including, but not limited to, all street work, drainage channels and structures, all underground utilities to be installed by the subdivider, including all appurtenances thereto located within the right-ofway, retaining walls or other improvements to support cut slopes and embankments, bridges if constructed in conjunction with subdivision improvements, the location of underground utilities not within the right-of-way which may control the location and elevation of storm drains and culverts, the location of fire hydrants, curbs, gutters and sidewalks, fences that may be required, gates, structures, and drainage facilities necessary to control slides, and other improvements which may be required to complete the work.

(Ord. 744-NS, eff. April 17, 1980)

Subsequent to the signed approval of the subdivision improvement plans by the City Engineer or engineer of any other entity having jurisdiction over any improvements shown in the plan, no change shall be made to such plans without the prior approval of the engineer. All changes approved by the engineer shall comply with the requirements of this Code or the standards of the other entity. Each request for the approval of a change in the improvement plans shall be accompanied by the required fee prescribed by Council resolution. (Ord. 744-NS, eff. April 17, 1980)

An estimate of the costs of the improvements for the proposed subdivision shall be prepared by the subdivider and shall accompany the improvement plans at the time they are submitted. The cost estimates shall include a separate item for contingencies in the amount of ten (10%) percent of the estimated actual costs. Upon the consideration of the estimate submitted by the subdivider, the City Engineer shall determine the estimated costs for the improvements of the proposed subdivision.

(Ord. 744-NS, eff. April 17, 1980)

Except as otherwise provided in this section, the grading of the proposed subdivision and the construction of any improvements thereon shall not begin until the City Engineer has approved the improvement plans or the proposed construction. The City Engineer may approve the initiation of “stage grading” in accordance with the provisions of Section 7-3.06 of Chapter 3 of Title 7 of this Code (Grading) if, in his judgment, the improvement plans and final map are nearly ready for approval.

(Ord. 744-NS, eff. April 17, 1980)

All streets, sidewalks, curbs, gutters, structures, signs, fences, and barricades within the subdivision shall be installed or improved to the standards specified in the City of Thousand Oaks Road Standards and construction specifications in effect at the time of construction.

(Ord. 744-NS, eff. April 17, 1980)

Subject to the provisions of Section 9-3.1503 of Article 15 of this chapter, all facilities for drainage required for the proposed subdivision, regardless of location, shall be constructed by the subdivider in accordance with the requirements specified in the City Standards and Specifications in effect at the time of construction. (Ord. 744-NS, eff. April 17, 1980)

Except as otherwise provided in this Code, and subject to the provisions of Section 9-3.1503 of Article 15 of this chapter, the wastewater and water supply systems shall be installed by the subdivider in each proposed subdivision and connections thereto made from each lot within the subdivision. The requirement that all lots be connected to sewers or the water supply system may be modified by the Council, upon a request by the subdivider at the time of the approval of the final map, if unusual circumstances warrant. The wastewater system and domestic water supply system shall be constructed in accordance with the requirements specified in the City Design and Construction Standards or the standards of the appropriate wastewater or water service entity in effect at the time of construction. (Ord. 744-NS, eff. April 17, 1980)

As a part of the water supply installed in the proposed subdivision, the subdivider shall install water mains, fire hydrants, gated equipment connections, and other fire protection facilities deemed necessary by the County Fire Protection District and the Public Works Director to provide adequate fire protection to the proposed subdivision. The installation shall be in accordance with the requirements specified by the Public Works Director, the County Fire

Department regulations, and the City in effect at the time of construction. All fire protection facilities shall be dedicated to the proposed water purveyor upon completion.

(a) Water wells shall not be used to satisfy the Fire Department requirements for fire flow for new construction. Fire flow requirements shall only be provided by connection to an existing public water system.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 1, Ord. 1133-NS, eff. February 4, 1992)

Except as otherwise provided in this Code, all existing and proposed utility facilities, including, but not limited to, electric lines, communication lines, cable television lines, street lighting power supply lines, and appurtenances thereto, shall be placed underground, and all utility facilities, including service laterals, shall be installed in the ground and appropriately pressure tested prior to the paving of streets. The City Engineer may authorize the installation of utility facilities after the street improvements are installed if the installation will not require the reconstruction or repair of the street improvements or if unusual circumstances warrant. All necessary arrangements for the installation of utilities shall be made with the operator of each proposed subdivision utility system pursuant to this section.

Certain utility appurtenances, including, but not limited to, transformers, pedestal-mounted terminal boxes, meter cabinets, and concealed ducts used in connection with underground facilities which cannot be reasonably placed underground may be placed on the surface of the ground. The request shall be made at the time of the approval of the tentative map. The Planning Commission or Council may grant the request for all or part of a subdivision where, due to physical conditions, it would cause unreasonable hardship.

(Ord. 744-NS, eff. April 17, 1980)

Street name signs shall be installed by the subdivider at all intersections within the subdivision prior to the occupancy of homes. Traffic control devices and signs shall be installed by the subdivider at all locations within the subdivision specified by the City Engineer. All traffic control devices and signs shall conform to all applicable local laws and regulations. Alternatively, the developer may request the Public Works Director to install the devices and signs and pay the City for the costs thereof.

(Ord. 744-NS, eff. April 17, 1980)

Barricades conforming to City standards shall be constructed by the subdivider at the ends of all streets abutting undeveloped property adjacent to the proposed subdivision.

(Ord. 744-NS, eff. April 17, 1980)

All underground pipes and openings encountered during the construction of any improvements in the subdivision shall be removed by the subdivider or sealed by him after consultation with, and in a manner satisfactory to, the City Engineer.

(Ord. 744-NS, eff. April 17, 1980)

All water wells within the proposed subdivision shall be abandoned by sealing in a manner satisfactory to the Public Works Director and in compliance with applicable City laws or shall be protected from surface and underground pollution in accordance with requirements determined by the Public Works Director pursuant to Chapter 4 of Title 6 of this Code. All water wells not abandoned shall be delineated on the parcel map or final map, and measures satisfactory to the Public Works Director shall be taken to prevent injuries to persons or property by use of appropriate physical barricades and deed restrictions.

(Ord. 744-NS, eff. April 17, 1980)

(a) Where determined by the Community Development Director and the City Engineer to be necessary for the public welfare and safety, the subdivider shall construct masonry walls six (6’) feet high, the design of which shall be approved by the Community Development Director.

• (1) On all lot lines of the subdivision which adjoin drainage channels;

• (2) Adjacent to all major highway rights-of way, as shown on the Circulation Element or applicable specific plans, which abut or pass through the subdivision;

• (3) Adjacent to all publicly-owned property; and

• (4) As required as a condition of approval of the map.

(b) If a final map which does not include the entire tentative map area is submitted for approval, all flood control and drainage channels within the tentative map area shall be fenced in accordance with the requirements of subsection (a) of this section with permanent or temporary fencing as approved by the City Engineer. If a temporary fence is constructed, it shall be replaced with the required permanent fence or wall when the land adjacent to the channel is included within the final map.

(c) Ornamental wrought iron, heavy landscaping, or other appropriate fencing, or combinations thereof, as approved by the Community Development Department and Public Works Department may be substituted for the masonry walls otherwise required by subsections (1) and (2) of subsection (a) of this section.

(d) All walls and fences required pursuant to this section shall be completed prior to the occupancy of buildings within any portion of the development in close proximity of areas requiring such walls and fences. (Ord. 744-NS, eff. April 17, 1980)

At the time of the completion of the improvements required pursuant to this Code, and as a condition precedent to the exoneration of the improvement security, the subdivider shall submit two (2) sets of prints and the original tracings of the improvement plans which have been modified to reflect the improvements as built to the City Engineer and shall certify that all improvement work has been constructed in accordance with the requirements of this Code. Any grading plans not originally approved on standard size drawing materials shall be reduced as set forth in Section 9- 3.1010 of this article.

(Ord. 744-NS, eff. April 17, 1980)

As authorized by Section 66462 of the Subdivision Map Act, the City of Thousand Oaks Standards for Roads, Wastewater and Water Facilities, the County Standard Designs for public improvements, the latest revision of the Standard Specifications for Public Works Construction ("Greenbook"), and the American Water Works Association Standards, the Caltrans Standard Specifications, and the CAMUTCD, copies of which are on file with the City

Engineer, are hereby adopted by reference, and all subdivision improvements shall be in accordance with the standards and specifications contained therein and such amendments and additions thereto as may be made from time to time by the Council and the City Engineer.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 1, Ord. 1408-NS, eff. July 3, 2003, § 1, Ord. 1521-NS, eff. August 13, 2009, and § 1, Ord. 1647-NS, eff. August 10, 2018)