§ 19.166

This Chapter establishes regulations for dedications and improvements.

The subdivider, as a condition of approval of a Tentative Map, shall dedicate, or make an irrevocable offer of dedication, of all parcels of land within the subdivision that are needed for streets and alleys, including access rights and abutter's rights, drainage, public open space, trails, scenic easements, public utility easements and other public easements, in accordance with the Subdivision Map Act, the goals and policies of the adopted General Plan and adopted standards. All dedications to the City for public purposes

shall be made in fee title unless otherwise determined by the City Council; at the City's discretion, a grant of an easement may be accepted for open space, scenic easements, trails, parks, public utility easements or other interests as may be determined by the City Council. All dedications and grants in fee of easements shall be free of liens and encumbrances except those which the City finds would not conflict with the intended use. The City may accept an irrevocable offer of dedication in place of dedication when appropriate.

A.

Waiver of Direct Access Rights. Dedications or offers of dedications of streets may include a waiver of direct access rights to any such street from any property shown on the Final Map as abutting the street. If the dedication is accepted, any provision for waiver of direct access rights shall become effective in accordance with its provisions.

B.

Reservations. Subject to and in accordance with applicable provisions of law, including the Subdivision Map Act, the subdivider, as a condition of approval of a Tentative Map, may be required to dedicate areas of real property for parks, recreational facilities, fire stations, libraries or other public uses.

C.

School Site Reservations. Subject to and in accordance with applicable provisions of law, including the Subdivision Map Act, the subdivider, as a condition of approval of a Tentative Map, may be required to dedicate real property for the construction of an elementary school to assure the residents of the subdivision adequate public school service.

19.166.030 - Improvement Regulations

A.

The following are improvement requirements for Parcel Maps for detached single-family projects:

1.

Parcel Maps which subdivide lots for the development of those lots for single-family residences shall provide the following:

a.

One point of paved access to an existing paved road and interior street paving shall be required as a condition of Final Map approval for Parcel Map projects when any of the resulting parcels are less than 2.5 gross acres in size.

b.

Paved access to an existing paved road and interior street paving shall not be required as a condition of Final Map approval for Parcel Map projects when all of the resulting parcels are equal to or greater than 2.5 gross acres in size, or the Planning Commission finds that given the particular location and circumstances

of the project such paving would be unreasonable based on the following standards: the primary public access road is unpaved for a distance greater than 1,000 feet; or such access road is farther than 1,000 feet from a paved public road, and such public access road is not identified on the City's Capital Improvement Program for paving. In all such cases the developer shall comply with (i), (ii), (iii) or (iv) below, as approved by the City Engineer:

i.

An in-lieu fee as approved by the City Engineer is paid to the City prior to map recordation to cover the particular development's fair share obligation for paving the access road; or

ii.

The owner of the property being developed executes an agreement with the City not to protest the formation of an assessment district created for the purpose of constructing paved roads; or

iii.

The property being developed is within the boundaries of an assessment district created for the purpose of paving and maintaining the local roads, which will provide direct access to the site being developed; or

iv.

The improvements have been deferred in accordance with Subsection 19.166.030.D.

2.

Parcel Maps which subdivide the land into parcels larger than the range of minimum lot sizes permitted in the land use district shall be required to install improvements as a condition of Final Map approval, except where the improvements have been deferred in accordance with Section 19.166.030.D.

B.

The following are improvement requirements for the following parcel maps. Street improvements for commercial, industrial and/or multi-family developments, or Parcel Maps which are used as a financing vehicle for new development or described in paragraph 2 above, may be deferred and/or phased by the approval authority on a case-by-case basis subject to the criteria below. Improvements for such projects shall be required when a building permit is issued unless a deferral agreement is approved and recorded against the property which guarantees performance at the time determined necessary by the City Engineer.

C.

Parcel Maps which are used as a financing vehicle shall be defined for purposes of this Section as a Parcel Map which is processed in conjunction with or subsequent to another type of land use approval (e.g., subdivision, site plan review, Conditional Use Permit, Specific Plan) under which improvements are required to be installed.

D.

The approval authority may grant approval for a deferral of improvements or a partial deferral of improvements with good cause. The approving authority shall direct that a deferral agreement be executed in such cases. The approval authority may grant approval of deferral of improvements only when a finding can be made that the parcel or subject property is in reasonable proximity to existing improvements and infrastructure and that the necessary improvements to serve development of the property can or will be feasibly provided.

E.

Improvement Agreement. Prior to submitting a Final Map for approval, the subdivider shall execute an improvement agreement, in a form approved by the City Engineer and City Attorney, specifying the time by which the required improvements will be completed. The improvement agreement shall be reviewed by the City Council and, if approved, executed by the City Manager. The improvement agreement shall be secured as provided for in Subsection 19.166.030.G (Improvement Security) of this Chapter.

F.

Improvement Agreement; Time Extensions. The completion date specified in the improvement agreement, or as specified in paragraph (E) above, 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 a written request by the subdivider. The request for said time extensions, along with the appropriate application, materials and fees, shall be submitted at least 30 days prior to the expiration of the improvement agreement or the time specified in paragraph (E) above.

G.

Improvement Security. Improvement securities are required to be submitted as a guarantee of the completion of improvements required as a condition of approval of any Final Map. Acceptable forms of security, subject to approval by the City Engineer, are limited to one of the following:

1.

A bond or bonds by one or more duly authorized corporate sureties.

2.

A deposit, either with the local agency or a responsible escrow agent or trust company, of money or negotiable bonds of the kind approved for securing deposits of public monies.

3.

An irrevocable instrument of credit from one or more financial institutions subject to regulation by the state or federal government pledging that the funds necessary to carry out the agreements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by the City.

H.

Completion of Improvements. Unless a different time period is specified by an approved improvement agreement, the subdivision improvements shall be completed by the subdivider within 12 months of the approval of the Final Map, unless a time extension is granted by the City Council.

I.

Amount of Security. Security to guarantee the construction or installation of all improvements shall be required in the following amounts for all subdivisions:

1.

For "Faithful Performance," an amount determined by the City Engineer to be 100 percent of the full cost of the improvements to guarantee faithful completion of the work; and

2.

For "Materials and Labor," an amount determined by the City Engineer to be 50 percent of the cost of the improvements to guarantee payment to contractors, subcontractors, vendors and laborers furnishing materials, equipment or labor in connection with the improvements; and

3.

For "Guarantee, Warranty, and Maintenance of Work," an amount determined by the City Engineer to be 50 percent of the cost of the improvements to guarantee and warrant the work for a period of 12 months following completion and acceptance of said work by the City against any defective work or labor done or defective materials.

J.

Improvement Plans. The subdivider shall prepare plans and specifications for the required improvements in accordance with this Chapter, the Subdivision Map Act, any adopted standards and the regulations of any other agency having jurisdiction over said improvements.

1.

Preparation. Improvement plans shall be prepared in accordance with standard engineering practices and to the standards of the City and any other agency having jurisdiction. Improvement plans shall be prepared under the direction of and be signed by a state-registered civil engineer. Said plans shall show the complete plans, profiles and details for all improvements necessary to serve the proposed subdivision, including but not limited to, the following:

a.

All street improvements

b.

Curbs, gutters and sidewalks

c.

Drainage channels and structures

d.

All underground utilities including all appurtenances located in the right-of-way

e.

Underground utilities not within the right-of-way that may control the location and elevation of storm drains or culverts

f.

Retaining walls and other improvements to support cut slopes and embankments

g.

Structures and drainage facilities necessary to control slides

h.

Bridges

i.

Required fences, walls and gates

j.

Other improvements required to complete the work, including off-site improvements

2.

Scale. The improvement plans shall be legibly drawn to a scale of 1 inch equals 40 feet or to a different scale approved by the City Engineer.

3.

Grading. Improvement plans shall also include complete grading plans. These plans shall show proper grading and erosion control, including prevention of sedimentation damage to off-site property.

4.

Approval. The City Engineer shall review the improvement and grading plans and if such plans comply with this Chapter, the Subdivision Map Act, adopted standards and any other applicable regulations, the City Engineer shall sign the plans.

5.

Changes. No changes shall be made to approved improvement and grading plans without prior approval of the City Engineer. Requests for changes shall be accompanied by the appropriate application, materials

and fee.

6.

Cost Estimates. An estimate of the cost of the improvements for the proposed subdivision shall be prepared and submitted by the subdivider with each submittal (or resubmittal) of the improvement plans. After consideration of the estimates provided, the City Engineer shall make the final determination of the cost of the improvements for the proposed subdivision.

7.

Commencement of Improvements; Staged Grading. Grading of the proposed subdivision and construction of any improvements shall not begin until the grading and improvement plans have been approved by the City Engineer and the Final Map is recorded. Staged grading (prior to recording the Final Map) may be permitted if the City Engineer finds that such grading will not be detrimental to the subdivision

improvements or the surrounding properties. Such approval, if granted by the City Engineer, shall be in writing.

The fulfillment of construction requirements for improvements for remainder parcels shall not be required until a permit or other grant of approval for development is issued by the City or until the construction of the improvements is required by an agreement between the subdivider and the City. In the absence of such an agreement, the City may require construction of improvements within a reasonable time following approval of the Final Map and prior to the issuance of a permit or other grant of approval for development of the remainder parcel if the City Council finds that:

A.

Construction of the improvements is necessary for the public health and safety; or

B.

Construction of the improvements is prerequisite to the orderly development of the surrounding area.

A.

Supplemental Off-site Improvements Required. When the subdivider is required to install supplemental offsite improvements in addition to those required to serve the needs of the subdivision, the City shall, at the subdivider's request, enter into an agreement with the subdivider for reimbursement of the costs to install such supplemental improvements. Supplemental off-site improvements include, but are not limited to, supplemental size, capacity, number or length for the benefit of property not within the subdivision. Supplemental off-site improvements shall be dedicated to the public.

B.

Reimbursement Agreement. The reimbursement agreement shall be for that portion of the improvements in excess of the construction required for the subdivision, to be reimbursed from monies collected for that purpose from future developments benefitting from the supplemental off-site improvements.

C.

Method of Reimbursement. The City Council may, at its discretion, select one of the following methods of reimbursement to the subdivider:

1.

Immediately reimburse the subdivider for the entire cost of the supplemental off-site improvements and levy a charge on the real property benefitted by said improvements.

2.

Collect a reasonable use charge for the subdivider's account from persons not within the subdivision using the improvements.

3.

Establish and maintain local benefit districts for the levy and collection of the charge attributable to the properties benefitted by the supplemental off-site improvements.

4.

Establish a reimbursement agreement and lien on undeveloped properties benefitting from said improvements whereby, upon development, those properties shall pay their fair share of the improvements to the City for the City's transmittal to the subdivider who constructed the improvements; or to reimburse the City funds in the event the City has already reimbursed said subdivider pursuant to Subsection 19.166.050.C(1).

D.

Cost of Drainage and Sewer Facilities. Subject to the provisions of the Subdivision Map Act, as a condition of approval of any Tentative or Final Map and provided such map is filed at least 30 days after the adoption of any applicable drainage or sewer plan, or as a condition of issuing a building permit if a benefit area has been established, the subdivider may be required to pay fees, or other consideration in lieu of fees, to defray the cost of constructing the planned drainage or sewer facilities.

E.

Cost of Bridges and Major Thoroughfares. Subject to the provisions of the Subdivision Map Act, as a condition of approval of any Tentative or Final Map or as a condition of issuing a building permit and if a benefit area has been established, the subdivider may be required to pay fees, or other consideration in lieu of fees, to defray the cost of constructing bridges over waterways, drainage areas, or canyons and/or the cost of constructing major thoroughfares.

19.166.060 - Work in Conformance with Specifications - Exceptions

All work shall be done in conformance with adopted standards. As an alternative, the City Engineer may permit work to be performed under less restrictive specifications than standard specifications if all the following findings can be made:

A.

That the work permitted to be done under less restrictive specifications is interim in nature.

B.

That full compliance with standard specifications will be achieved when future planned improvement work is completed.

C.

That circumstances make it unsound to require strict adherence to standard specifications during the interim.

D.

That the interim exception to full compliance with standard specifications will not adversely affect the public health, safety and welfare.

E.

That there has been adequate compliance, approved by the City Attorney, with all the financial security requirements to guarantee performance of the obligation to faithfully complete the improvements.

A.

General. All improvement work is subject to inspection by the City Engineer to be in compliance with the City's standard specifications.

B.

Preconstruction Conference. Prior to commencing any improvement construction, the subdivider shall arrange for a preconstruction conference with the City Engineer or his/her representative.

C.

Final Inspection. When the improvements are complete, the subdivider shall apply in writing to the City Engineer for a final inspection. The final inspection shall then be scheduled by the City Engineer.

D.

Deficiency List. If necessary, a deficiency list will be compiled during the final inspection noting all corrections and any additional work required. When the corrections and any additional work required are completed, the subdivider shall apply in writing for a reinspection. If the City Engineer finds that all

corrections and any additional work are satisfactorily completed and as-built plans received, the subdivision will be placed on the City Council agenda for acceptance.

E.

As-Built Plans. Prior to acceptance of the subdivision by the City Council and the release or reduction of the improvement security, the subdivider shall submit as-built plans to the City Engineer. As-built plans shall consist of two sets of prints and the original ink tracing modified to reflect the improvements as built.

Chapter 19.168 - Certificate of Compliance