§ 12.36

The subdivider shall construct or otherwise provide for all required improvements on-site and off-site, in accordance with the City's design documents.

No final map or parcel map shall be presented for approval until the subdivider: completes the required improvements; enters into a subdivision agreement with the City (agreeing to do the work and posting the required security for the improvements); or otherwise secures the financing of the improvements; or, in the case of a parcel map, enters into a deferred improvement agreement or provides other assurance of future construction.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-9.101)

(a)

General. The subdivider shall construct all improvements required as conditions of approval of the tentative subdivision map or by City ordinance or resolution, together with, but not limited to, the required improvements set forth below.

For a parcel map, the requirements for construction of on-site and off-site improvements shall be noted on the parcel map, waiver of parcel map, or in the subdivision improvement agreement or deferred improvement agreement recorded before or concurrently with the parcel map.

(b)

Frontage improvements. The frontage of each lot shall be improved consistent with the geometric sections of the Roadway Master Plan, including street structural section, curbs, gutters, sidewalks, driveway approaches, transitions, landscaping and streetlighting.

(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 runoff attributed to the development. Off- and/or on-site storm drain improvements and/or detention or retention basins may be required to satisfy this requirement.

(d)

Sanitary sewers. Each unit or lot within the subdivision shall be served by the City sanitary sewer system.

(e)

Water supply. Each unit or lot within the subdivision shall be served by the City water system, with a separate water meter. The City Engineer may modify this requirement for a condominium or townhouse development when the proposed CC&Rs for the project clearly show payment for water as the responsibility of the homeowners' association.

(f)

Utilities. Each unit or lot within the subdivision shall be served by gas (if required), electric and telephone facilities.

(g)

Underground utilities conversions.

(1)

General. All existing and proposed utilities within the subdivision and/or within any full width street or rightof-way abutting a new subdivision shall be placed underground. The subdivider is responsible for complying with the requirements of this section, and Municipal Code Chapter 11.08, and shall make all the necessary arrangements (including full payment of costs) with each serving and impacted utility company for the conversion or additional installation of such facilities. Terminal boxes, meter cabinets, pedestals and other facilities necessarily appurtenant to such underground facilities may be placed above ground. A transformer serving single or two (2) family residences shall be vaulted underground except that it may be placed above ground only when the City Engineer determines that the high water table would preclude undergrounding.

(2)

Design. The facilities shall be designed to the following minimum standards.

(i)

Facilities shall be converted offsite to the nearest existing pole when the pole is within 100 feet of the property line. If the nearest existing pole is in excess of 100 feet or right-of-way is not available, the setting of new terminal pole(s) at the property line is an acceptable alternative.

(ii)

Where facilities cross an abutting existing street, the conversion shall be to the opposing side of the abutting street.

(iii)

If the requirement for undergrounding is waived for one facility, it shall also be waived for all parallel facilities sharing the same pole.

Street lighting shall be provided on all subdivisions to the standards specified in the City's design documents. Where ornamental features/poles are required, the subdivider shall incorporate the features/poles into the design. The subdivider shall also deposit with the City sufficient money to pay for the energy and maintenance of such street-lighting for a period of eighteen (18) months or secure funding for lighting through a landscape and lighting maintenance district. All such lighting on streets to be offered for dedication shall be designed and constructed to City standards, and ownership shall rest with the City.

(3)

Waiver provisions. The City Council may grant a waiver to the above requirements based solely on one or more of the following.

(i)

The existing overhead electric lines are transmission lines in excess of 34,500 volts (34.5 KV);

(ii)

The existing overhead communication lines are solely long distance/trunk facilities;

(iii)

Extreme topographic, geologic, soils or other physical conditions make conversion of the facilities unreasonable or impractical for the long term.

The granting of a waiver does not eliminate the requirement to convert all existing street lighting or the distribution system. Existing street lights occupying waived facilities shall be removed and new street lights meeting the City standards then in effect or as approved by the City Engineer shall be constructed on their own pole/standards.

(4)

Deferral provisions. The City Council may defer all or a portion of the requirement to underground existing facilities at the time of tentative map approval based solely on one or more of the following findings:

(i)

Existing facilities are within an existing alley;

(ii)

The subdivision contains fewer than ten (10) residential units;

(iii)

A residential subdivision has less than 250 feet of existing frontage;

(iv)

Facilities exist along rear property line(s) within an agricultural or residential estate zoned property;

(v)

Conversion as defined above creates a net increase of three or more poles over the existing number of poles;

(vi)

Seventy (70%) percent or more of the facilities required to be undergrounded exist on the opposite side of existing abutting street from the subdivision.

(5)

If a deferral of the requirement for undergrounding of overhead utilities is granted under subsection (g)(4) above, the property owner shall make an in-lieu payment calculated based upon linear foot of utilities to be deferred at the rate then in effect as determined by the City Engineer, or shall record the obligation as part

of a deferred improvement agreement. The payment (or recordation of a deferred improvement agreement) shall be made before the recordation of the final subdivision or parcel map.

(h)

Other improvements. Other improvements, including but not limited to, street lights, fire hydrants, signs, street trees and shrubs, landscaping, irrigation, and monuments, or fees in lieu of any of the foregoing if authorized, shall also be required as determined by the City Engineer in accordance with this Code and City's design documents.

(i)

Off-site improvements. If a condition of approval requires a subdivider to construct off-site improvements on land in which neither the subdivider nor the City has sufficient title or interest in to allow construction, the subdivider shall commence negotiations to obtain such title or interest. If, after faithful and reasonable negotiation, the subdivider fails to obtain the necessary interest or title, then the subdivider may request that the City begin condemnation proceedings (at the subdivider's cost). The City shall have 120 days after payment of a deposit and submittal of an acceptable appraisal to begin condemnation proceedings.

Before approval of the final subdivision or parcel map, the City will require the subdivider to enter into an agreement to complete the off-site improvements and acquire title or an interest in the land. The subdivider shall pay the cost of acquiring off-site land or an interest in the land required to construct the off-site improvements.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-9.102)

12.36.030 - Deferred improvement agreements.

(a)

Parcel maps. The frontage and internal improvements along existing frontage and internal streets may be deferred by the City Engineer as provided by Government Code Section 66411.1(b). When improvements are deferred, the subdivider shall enter into an agreement, in a form acceptable to the City Attorney and City Engineer, and approved by the City Council, for the installation of all frontage improvements at a time in the future as specified by the City. The agreement shall provide that:

(1)

Construction of improvements shall begin within ninety (90) days of the receipt of the notice to proceed from the City, or as mutually agreed upon in writing;

(2)

If subdivider defaults, the City is authorized to cause construction to be done and charge the entire cost and expense to the subdivider, including interest from the date of notice of the cost and expense until paid;

(3)

The agreement shall be recorded with the County Recorder at the expense of the subdivider to run with the land and shall constitute notice to all successors and assigns, and shall constitute a lien in such amount necessary to fully reimburse the City, including interest provided above, subject to foreclosure in the event of default in payment;

(4)

If litigation occurs as a result of the subdivider's default, the prevailing party agrees to pay all costs involved, including reasonable attorneys' fees.

The agreement shall not relieve the subdivider from any other specific requirements of the Subdivision Map Act, this title or other law. The construction of deferred improvements shall conform to the applicable provisions of this title in effect at the time of construction.

(b)

Remainders. The subdivider may enter into a deferred improvement agreement regarding a remainder, in accordance with Section 12.12.030.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-9.103)

12.36.040 - Design.

(a)

General. The design and layout of all required improvements, both on-site and of-site, private and public, shall conform to generally accepted engineering standards, the City's design documents, the Subdivision

Map Act, the general plan and any applicable specific plan, zoning regulations, this title, and the Tracy Municipal Code.

(b)

Energy conservation. The design of a subdivision for which a tentative map is required, excluding conversions, shall provide to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. Examples of such energy conservation opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure or to take advantage of shade or prevailing breezes.

For the purpose of this subsection, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

Compliance with this provision shall not result in reducing allowable densities, or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the application is deemed complete.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-9.104)

(a)

Public streets. Each residential lot created shall have frontage on a public street improved to City standards. Each commercial and industrial lot created shall have direct or indirect legal access to a public street improved to City standards.

(b)

Private streets. Private streets are not normally permitted. However, if the Planning Commission, in the case of a tentative subdivision map, or the City Engineer, in the case of a tentative parcel map, determines that a logical development of the land requires that lots be created with access to private streets, such a development may be approved. The subdivider shall submit a development plan showing the alignment, width, grade, and material specifications of any proposed private street, the topography and means of access to each lot, and the water supply, drainage and sewerage of the lots served by such private streets. Private streets shall meet the current public street standards for materials specifications and standards for construction methods. Construction of the private street, as approved by the City Engineer, shall be completed before the completion of the construction and/or occupancy of the lots or phased as approved by the City Engineer. The subdivider shall be required to provide a feasible method for the maintenance of such private streets. Reserve strips, or non-access at the end of streets or at the boundaries of subdivisions, shall be dedicated unconditionally to the City when required by the City.

Access easements for maintenance of water, sewer and storm drainage services as required shall be dedicated by the subdivider to the City as required by the City Engineer. The City will maintain sewer, water and storm lines only within the public right-of-way, unless maintenance in private properties with dedicated easements is otherwise approved by the City Engineer.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-9.105)

(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's design documents. Improvement plans shall include those improvements specified in Section 12.36.020.

(b)

Form and contents. The form and contents of the improvement plans shall conform to the engineering division plan check submittal list.

(c)

Supplementary plans and calculations. Hydrology, hydraulic plans and calculations, bond or other security estimates and any structural calculations as may be required, 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 (60) working days of its submittal, plus extensions agreed to or necessitated by corrections as provided in Government Code Section 66456.2.

(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. A reproducible mylar set 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 or the subdivider's engineer from 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.

(4)

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 in accord with Section 12.12.070. A deposit, when required, shall be submitted with the revised plans and applied toward the costs.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-9.106)

agreement.

Before a final 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. If improvements are required for a parcel map under Government Code Section 66411.1(b), the subdivider shall submit a signed subdivision agreement or a deferred improvement agreement. The agreement will be based on the City's standard form of subdivision improvement agreement and shall include (but is not limited to) 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.

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. 934 C.S. § 1 (part), 1996: prior code § 12-9.107)

(a)

General. A subdivision improvement agreement, contract, or act required or authorized by the Subdivision Map Act or this title for which security is required shall be secured in accord with Section 66499 et seq. of the Subdivision Map Act and as provided in this Section, and subject to City Attorney approval.

(b)

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

(1)

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

(2)

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

(3)

Ten (10%) percent of the total estimated construction cost 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.

(4)

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. These costs are calculated as $25,000.00 or five (5%) percent of the total 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.

The total estimated construction costs shall be as approved by the City Engineer and shall include:

(1)

All estimated construction costs;

(2)

Ten (10%) percent of the total estimated construction cost for contingencies; and

(3)

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.

(c)

Form 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 Sections 66499.1, 66499.2, 66499.3 and 66499.4 of the Subdivision Map Act;

(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 monies;

(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 twenty (20) percent of the financing of the portion of the project requiring security;

(5)

Any other comparable form of security, acceptable to the City Attorney, as provided in Section 66499 of the Subdivision Map Act.

(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:

(i)

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

(ii)

Not less than twelve (12) months has elapsed since the acceptance of the improvements by the City.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-9.108)

12.36.090 - Construction and inspection.

(a)

The construction methods and materials for all improvements shall conform to the conditions of approval and the City's design documents, and are subject to inspection and approval by the City Engineer.

(b)

Construction, other than grading, shall not begin until all required improvement plans are approved by the City Engineer. Grading plans must conform to the submitted improvement plans and be approved by the City Engineer before a grading permit is issued.

A final report acceptable to the City Engineer shall be prepared for each preliminary soil engineering report and for each preliminary engineering geology report, if required under Section 12.16.040 or 12.20.060. Each final report shall be submitted at the completion of the grading work, before the release of grading bonds if any, and before 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.

(c)

The subdivider shall notify the City Engineer at least forty-eight (48) hours 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 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 approved plans and specifications and the requirements of this title. If any of the work on improvements is done by the subdivider 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.

(d)

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 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.

(e)

The City Engineer may also inspect private street and the utility systems improvements for conformance with the municipal code, zoning regulations, and the City's design documents.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-9.109)

12.36.100 - Time of completion.

(a)

Subdivisions of five (5) or more lots.

(1)

The subdivider shall complete the improvements for a subdivision of five (5) or more lots within twelve (12) 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)

Subdivisions of four (4) or fewer lots. The completion of improvements for subdivisions of four (4) 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 12 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 City Engineer or Planning Commission may make this finding at the time of parcel 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 (30) days before expiration of the subdivision improvement agreement.

(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:

(i)

Additional requirements relating to the physical improvements, considered necessary to bring the project into compliance with current ordinances, conditions of approval, and standards, including revision of improvement plans to provide for current design and construction standards when required by the City Engineer. This type of requirement may only be imposed if two years or more have lapsed since the filing of the final map to which the subdivision agreement refers and when the component to be modified is not already substantially under construction;

(ii)

Revised improvement construction estimates to reflect current improvement costs as approved by the City Engineer;

(iii)

Increase of improvement securities in accordance with revised construction estimates;

(iv)

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

(4)

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

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-9.110)

(a)

The Director of Public Works may authorize occupancy in a subdivision development on a street by street basis, in accordance with written City policy. When this occurs, the subdivider remains responsible for maintenance and repair of defects until the street improvements are accepted by the City Council.

(b)

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 the improvements for maintenance and also accepting the public streets and easements (which were previously rejected) for these improvements.

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.

(c)

The City Engineer may consider a partial acceptance of improvements, at the discretion of the City Engineer and subject to approval by the City Council, if: (1) Ninety (90%) percent or more of all improvements in the subdivision are completed; and (2) the subdivider wishes to retain control of a portion of the ultimate dedicated area for a longer period of time (such as to maintain model homes); and (3) the portion to be temporarily retained by the subdivider is not in a location to interfere with the traffic circulation or utilities. In the case of a partial acceptance, the subdivider shall post new security, in the type and amount re-evaluated and determined by the City Engineer, to secure construction of the retained portion.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-9.111)

Chapter 12.40 - RESIDENTIAL CONDOMINIUMS*

Sections: