Article 8 — SUBDIVISION IMPROVEMENTS

The subdivider shall construct all required improvements both on and off site according to standards approved by the City, including, but not limited to, the Street Standards and Standard Specifications and Plans.

No final map shall be presented to the Council or parcel map to the City Engineer for approval until the subdivider either completes the required improvements, or enters into an agreement with the City agreeing to do the work.

1. General. All improvements as may be required as conditions of approval of the tentative map or City ordinance, together with but not limited to the following, shall be required of all subdivisions.

Requirements for construction of on-site and off-site improvements for subdivisions of four or less parcels shall be noted on the parcel map, or waiver of parcel map or the subdivision improvement agreement recorded prior to or concurrent with the parcel map.

As a condition of approval of a tentative map, there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public, subject to the provisions of Sections 66485-66489 of the Subdivision Map Act.

Completion of improvements shall be in accordance with §10-1.811.

2. Frontage Improvements. The frontage of each lot shall be improved to its ultimate adopted geometric section, including street structural section, curbs, sidewalks, driveway approaches and transitions. Crosses shall be placed on the top of the street curb, if any, at the intersection of the extension of the property line of each lot and the curb location.

3. Storm Drainage. Storm water 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-site storm drain improvements may be required to satisfy this requirement.

4. Sanitary Sewers. Each unit or lot within the subdivision shall be served by a community sewer collection system as required by Section 10-7.104 of this code, unless an individual system is permitted thereunder.

5. Water Supply. Each unit or lot within the subdivision shall be served by an approved domestic water system.

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

   • a. Underground Utilities.

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City of Walnut Creek, CA § 10-1.802

SUBDIVISIONS

§ 10-1.803

All existing and proposed utilities within the subdivision and along either side of peripheral streets shall be placed underground except those facilities exempted by the Public Utilities Commission Regulations and as otherwise provided below.

• (1) If the subdivision is in the Core Area, as designated in the General Plan, all utility lines along peripheral streets shall be undergrounded or an in lieu of undergrounding fee shall be paid. Undergrounding shall be required for overhead lines on either side of the peripheral street. The amount of the in lieu fee shall be one-half of the normal cost of undergrounding of existing utility lines along residential streets.

n the Core Area, as designated in the General Plan, all utility lines along peripheral streets shall be undergrounded or an in lieu of undergrounding fee shall be paid. Undergrounding shall be required for overhead lines on either side of the peripheral street. The amount of the in lieu fee shall be one-half of the normal cost of undergrounding of existing utility lines along residential streets.

  - In lieu fees shall be deposited in a special undergrounding account to be used as approved by the City Council for future undergrounding of overhead utility lines within the Core Area. 

• (2) If the subdivision is outside the Core Area, undergrounding overhead utilities on peripheral streets shall not be required unless the City Engineer finds that undergrounding of such utilities is likely to occur within the ten-year period following approval of the tentative map. The subdivider shall be required as a condition of tentative or vesting tentative map approval to pay a fee in lieu of undergrounding such utilities. The amount of the fee shall be according to section (a) above.

• The in lieu fee collected shall be used only for the undergrounding of utilities along streets peripheral to and/or adjacent to the subdivision from which the fees were collected. If the fee is not used within the ten-year period following approval of the tentative or vesting tentative map, the subdivider who paid the fee may, within the eleventh year following approval of the tentative map, request that the in lieu fee be refunded, and the City shall do so.

7. Off-Site Improvements. If the subdivider is required to construct off-site improvements on land in which neither the City or the subdivider have sufficient title or interest to allow construction, the City shall, within 120 days of recording the final map acquire by negotiation or commence condemnation of the land. If the City fails to meet the 120-day time limit, the condition for the construction shall be waived. Prior to approval of the final map, the City may require the subdivider to enter into an agreement to complete the off-site improvements at the time the City acquires title or 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.

1. Subdivisions. The frontage improvements along existing peripheral streets may be deferred when deemed necessary by the City Engineer. Deferral will be allowed when the City Engineer finds that construction is impractical due to physical constraints, or the surrounding neighborhood is absent of similar improvements. When improvements are deferred, the subdivider and/or owner of the real property shall enter into an agreement with the City in a form acceptable to the City Attorney for the installation of all frontage improvements at such time in the future as required by the City. The agreement shall provide:

   • a. Construction of said improvements shall commence within ninety (90) days of the receipt of the notice to proceed from the City and shall be completed within the time specified in section 10-8.811.

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City of Walnut Creek, CA § 10-1.803

WALNUT CREEK CODE

§ 10-1.804

• b. That in event of default by the subdivider and/or owner, the City is hereby authorized to cause said construction to be done and charge the entire cost and expense to the subdivider and/or owner, including interest from the date of notice of said cost and expense until paid;

• c. That this agreement shall be recorded in the office of the County Recorder of Contra Costa County, California, at the expense of the subdivider and/or owner, and shall constitute notice to all successors and assigns of the title to such real property of the obligation set forth, and also a lien in an amount to fully reimburse the City, including interest as above, subject to foreclosure in event of default in payment;

• d. That in event of litigation occasioned by any default of the subdivider and/or owner, the subdivider and/or owner, agree to pay all costs involved, including reasonable attorney's fees, and that the same shall become a part of the lien against the real property.

• e. That the terms "subdivider" and "owner" shall include, respectively, not only the subdivider and the present owner but also heirs, successors, executors, administrators and assigns, it being the intent of the parties hereto that the obligations undertaken shall run with the real property and constitute a lien against it.

• f. Any other provisions required by the City Engineer as reasonably necessary to effectuate this code and the Subdivision Map Act.

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 articles of the Municipal Code in effect at the time of construction.

2. Remainders. Where a remainder is made part of a final or parcel map, the subdivider may enter into an agreement with the City to construct improvements within the remainder at some future date and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel. The improvements shall be at the subdivider's expense. In the absence of an agreement, the City may require fulfillment of the construction requirements within a reasonable time following approval of the map, upon a finding that fulfillment of the construction requirements is necessary for reasons of:

   • a. The public health and safety, or

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

1. General. The design and layout of all required improvements both on and off site, private and public, shall conform to generally acceptable engineering standards, to the City's Street Standards and Standard Plans and Specifications, and to such standards as approved by the City Engineer.

2. Energy Conservation. The design of a subdivision for which a tentative map is required, pursuant to Article 3 of this ordinance, shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

Examples of passive or natural heating 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.

Examples of passive or natural cooling opportunities in subdivision design include design of lot

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City of Walnut Creek, CA § 10-1.804

SUBDIVISIONS

In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and such 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 tentative map is filed.

The requirements of this section do not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added.

For the purposes of this section, "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.

3. Cable Television Service. The design of a subdivision for which a tentative map or parcel map is required shall provide appropriate cable television systems an opportunity to construct, install and maintain, on land identified on the map as dedicated or to be dedicated to public utility use, any equipment necessary to extend cable television services to each residential parcel in the subdivision. For the purposes of this section, "appropriate cable television systems" means those systems franchised or licensed to serve the geographical area in which the subdivision is located.

This section shall not apply to the conversion of existing dwelling units to condominiums, community apartments, or stock cooperatives.

The subdivision shall abut upon or have an approved access to a public street. Each unit or lot within the subdivision shall have an approved access to a public or private street.

Street layout shall be designed to provide for future access to, and not impose undue hardship upon, property adjoining the subdivision. 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.

1. General. Improvement plans shall be prepared under the direction of and signed by a registered civil engineer licensed by the State of California. Improvement plans shall be processed according to the time limits set in Section 66456.2 of the Subdivision Map Act.

Improvement plans shall include, but not be limited to, grading, storm drains, landscaping, streets and related facilities.

2. Form. Plans, profiles and details shall be legibly drawn, printed or reproduced on 24" x 36" sheets. A border shall be made on each sheet providing 1/2" at top, bottom and right side and 1-1/ 2" on the left side.

A suitable title block shall be placed in the lower right corner or along the right edge and provide adequate space for approval by the City Engineer and for approval of plan revisions.

Plan and profiles shall be drawn to the scale of 1" = 40' or larger unless approved by the City Engineer. Details shall be drawn to such scale that clearly shows the facility being constructed.

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City of Walnut Creek, CA § 10-1.806

WALNUT CREEK CODE

A vicinity map shall be shown on the first sheet of all sets of plans.

A north arrow shall be shown on each sheet when applicable.

Plans shall be laid out to orient north to the top or left edge of the sheet unless approved otherwise by the City Engineer.

All lettering shall be 1/8" minimum or typed print of legible size.

If the plans include three or more sheets, a cover sheet showing the streets, lots, easements, storm drains, index and vicinity map shall be included.

The form 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.

3. Contents. The improvement plans shall show complete plans, profiles and details for all required improvements to be constructed, both public and private, including common areas.

Reference may be made to City of Walnut Creek, Contra Costa County or State Standard Plans in lieu of duplicating the drawings.

4. Supplementary Plans and Calculations. Hydrology, hydraulic plans and calculations, bond estimates, and any structural calculations as may be required, shall be submitted with the improvement plans to the City Engineer. All calculations shall be legible, systematic and signed and dated by a registered civil engineer licensed by the State of California and in a form approved by the City Engineer.

5. Review by the City Engineer. The subdivider shall submit the improvement plans and all computations to the City Engineer for review. Upon completion of the review, one set of the preliminary plans, with the required revisions indicated, will be returned to the subdivider's engineer.

6. Approval by the City Engineer. After completing all required revisions, 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, design review requirements and conditions of approval of the tentative map, the City Engineer shall sign and date the plans. The originals will be returned to the subdivider's engineer.

Approval of the improvement plans shall not be construed as approval of the sanitary sewer, water, or gas and electric 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 and for any deficiencies resulting from the design thereof or from any required conditions of approval for the tentative map.

Revisions to Approved Plans.

• a. By Subdivider. Requests by the subdivider or the engineer for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the City Engineer or authorized representative and shall be accompanied by revised

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City of Walnut Creek, CA § 10-1.806

SUBDIVISIONS

§ 10-1.807

drawings showing the proposed revision. If the revision is acceptable, the originals shall be submitted to the City Engineer's office for initialing. The originals shall be returned to the subdivider's engineer and prints of the revised plans shall be immediately transmitted to the City Engineer. Construction of any proposed revision will not be permitted to commence until prints of the revised plans have been received and forwarded to the City's Engineering Inspection Division.

• 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 request in writing shall be made to the subdivider and 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 prints of the revised drawings to the City Engineer. Construction of all or any portion of the improvements may be stopped by the City Engineer until prints of the revised drawings have been submitted.

The subdivider may appeal revisions required by the City Engineer to the City Council by filing an appeal with the City Clerk within two working days following receipt of the request to revise the plans.

• c. 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 at actual cost. A deposit, when required, shall be submitted with the revised prints and applied toward the actual costs.

The agreement shall be prepared and signed by the City Engineer and approved as to form by the City Attorney. The agreement shall provide for:

• a. Construction of all improvements according to the approved plans and specifications on file with the City Engineer;

• b. Completion of improvements within the time specified by Section 10-1.811;

• c. Right by City to modify plans and specifications and to require the subdivider to pay for modifications;

• d. Warranty by subdivider that construction will not adversely affect any portion of adjacent properties;

• e. Payment of inspection fees in accordance with the City's resolution establishing fees and charges;

• f. Payment of in-lieu fees for undergrounding of utilities;

• g. Payment of in-lieu fees for park land dedication;

• 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 causes thereof;

• k. Release and indemnification of the City from all liability incurred by the development and

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City of Walnut Creek, CA § 10-1.807

WALNUT CREEK CODE

• l. Any other deposits, fees or conditions as required by City ordinance or resolution and as may be required by the City Engineer;

• m. Any other provisions required by the City as reasonably necessary to effectuate the purpose of this code.

1. General. Any improvement agreement, contract or act required or authorized by the Subdivision Map Act or this chapter, for which security is required, shall be secured in accordance with §§66499 et seq. of the Subdivision Map Act and as provided below.

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

2. Form of Security. The form of security shall be one or the combination of the following at the option and subject to the approval of the City.

   • a. Bond or bonds by one or more duly authorized corporate sureties;

The provisions of the bond or bonds shall be in accordance with Section 66499.1 and 66499.2 of the Subdivision Map Act.

• b. An instrument of credit or certificate of deposit from one or more financial institutions subject to regulation by the State or Federal government with an office located in the nine Bay Area counties and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.

• c. 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 money.

3. Amount of Security. A performance bond or security in the amount of one hundred percent (100%) of the estimated construction cost to guarantee the construction or installation of all improvements shall be required of all subdivisions. An additional amount of fifty percent (50%) 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. The foregoing shall not apply to a California nonprofit corporation which is funded by a government agency if the corporation complies with §66499.3(c) of the Subdivision Map Act.

The estimate of improvement costs shall be as approved by the City Engineer and shall provide for:

• a. Not less than 5% nor more than 10% 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 statement acceptable to the City Engineer from the utility company that adequate security has been deposited to ensure installation;

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City of Walnut Creek, CA § 10-1.808

SUBDIVISIONS

§ 10-1.808

• d. In addition to the full amount of the security, there shall be included estimated costs and reasonable expenses and fees, including attorney's fees, which may be incurred in enforcing the obligation secured.

4. Cash Bond. The subdivider shall deposit with the City not less than Three Thousand Dollars ($3,000.00) cash for subdivisions of four or fewer parcels, and Five Thousand Dollars ($5,000.00) for other subdivisions, or an additional amount as required by the City Engineer, not to exceed one percent of the construction cost. The deposit may be used at the discretion of the City to correct deficiencies and conditions caused by the subdivider or contractor that may arise during or after the construction of the subdivision. Any unexpended amount will be returned to the subdivider at the time all bonds are released.

5. Warranty Security. Upon acceptance of the subdivision improvements by the City, the subdivider shall provide security in the amount as required by the City Engineer to guarantee the improvements throughout the warranty period of one year following completion and acceptance of the improvements. The amount of the warranty security shall be not less than 10% of the cost of the construction of the improvements, including the cash bond which shall be retained for the one year warranty period. In hillside areas, the warranty security shall be not less than 50% of the construction cost of improvements.

6. Reduction in Performance Security. The City Engineer may authorize in writing the release of a portion of the security in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work progresses upon application by the subdivider, but in no case shall the security be reduced to less than 10% of the total improvement security given for faithful performance. The amount of reduction of the security shall be determined by the City Engineer; however, in no event shall the City Engineer authorize a release of the improvement security which would reduce security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by this ordinance, the Subdivision Map Act, or the improvement agreement.

Release of Improvement Securities.

• a. Performance Security. The performance security shall be released only upon acceptance of the improvements by the City Council or City Engineer and when an approved warranty security has been filed with the City Engineer. If warranty security is not submitted, performance security shall be released twelve (12) months after acceptance of improvements and correction of all warranty deficiencies.

• b. Labor and Materials Security. Security given to secure payment to the contractor, subcontractors, and to persons furnishing labor, materials or equipment may, six (6) months after the completion and acceptance of the improvements by the City Council or City Engineer, be reduced to an amount equal to the amount of claims therefor filed and of which notice has been given to the City Council. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

• c. Warranty Security. The warranty security shall be released upon satisfactory completion of the warranty period provided:

• (1) All deficiencies appearing on the final deficiency list for the subdivision have been corrected;

  • (2) Not less than twelve (12) months have elapsed since the acceptance of the

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City of Walnut Creek, CA § 10-1.808

WALNUT CREEK CODE

The construction methods and materials for all improvements shall conform to the standard specifications of the City as adopted by Council resolution. The general provisions of the City's Standard Specifications shall apply to the developer where applicable.

Construction shall not commence until required improvement plans have been approved by the City Engineer.

1. General. All improvements are subject to inspection by the City Engineer or authorized personnel in accordance with the City's Standard Specifications.

2. Preconstruction Conference. Prior to commencing any construction, the developer shall arrange for a preconstruction conference with the Senior Engineering Inspector of the Community Development Department.

3. Final Inspection and Deficiency List. Upon completion of the subdivision improvements, the developer shall apply in writing to the Senior Engineering Inspector for final inspection. The Senior Engineering Inspector or authorized representative shall schedule a preliminary final inspection.

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 final inspection may be halted and rescheduling of a date as determined by the Senior Engineering Inspector or authorized representative.

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

Upon having completed all corrections or additional work as outlined by the deficiency list, the developer shall state in writing that all corrections have been completed satisfactorily and request a final inspection. The Senior Engineering Inspector or authorized representative shall then make a final inspection.

Upon finding that all items on the deficiency list have been corrected and receipt of as-built improvement plans, the subdivision improvements shall be placed on the Council agenda for acceptance or accepted by the City Engineer in the manner provided by this chapter.

The completion of corrections indicated by the deficiency list shall not relieve the developer from the responsibility of correcting any deficiency not shown on the list that may be subsequently discovered.

1. Subdivisions of Five or More Parcels. The subdivision improvements shall be completed by the subdivider within twenty-four (24) months, or such time as approved by the City Engineer, not to exceed a period of thirty-six (36) months, from the date of approval of the final map, unless an extension is granted by the City Council or City Engineer.

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City of Walnut Creek, CA § 10-1.811

SUBDIVISIONS

§ 10-1.812

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.

2. Subdivisions of Four (4) or Fewer Parcels. Completion of improvements will not be required until such time as a permit or other grant approval for the development of any parcel within the subdivision is applied for.

The completion of the improvements may be required by a specified date by the City when the completion of such improvements is found to be necessary for public health or safety or for the orderly development of the surrounding area. This finding shall be made by the City Engineer or authorized representative. The specified date, when required, shall be stated in the Subdivision Improvement Agreement and shall not exceed thirty-six (36) months after a permit of other approval for the development of any parcel within the subdivision is approved. The City Engineer shall determine if all improvements shall be completed prior to occupancy of any specified unit within the subdivision.

3. Extensions. The completion date may be extended by the City Council for subdivision of five (5) or more parcels and by the City Engineer for subdivision of four (4) or fewer parcels, upon written request by the subdivider and the submittal of adequate evidence to justify the extension. The request shall be made not less than thirty days prior to expiration of the Subdivision Improvement Agreement.

The subdivider shall enter into a Subdivision 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 its consideration. If approved by the City Council, the Mayor shall execute the agreement on behalf of the City. For subdivisions of four (4) or fewer parcels, the agreement shall be prepared by the City Engineer, approved as to form by the City Attorney, executed by the subdivider and surety and executed by the City Engineer on behalf of the City.

In consideration of a Subdivision Improvement Agreement Extension, the following may be required:

• a. Revision of improvement plans to provide for current design 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; or

• d. Inspection fees may be increased to reflect current construction costs but shall not be subject to any decrease or refund.

The City Council, or the City Engineer for subdivisions of four (4) or fewer parcels, may impose additional requirements as recommended by the City Engineer or as it may deem necessary as a condition to approving any time extension for the completion of improvements.

The costs incurred by the City in processing the agreement shall be borne by the subdivider at actual cost.

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City of Walnut Creek, CA § 10-1.812

WALNUT CREEK CODE

§ 10-1.813

1. General. 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 (5) or more parcels may be accepted by the City Council.

The City Engineer or authorized representative shall be responsible for the acceptance of improvements for subdivisions of four (4) 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.

If there are no improvements dedicated to the public, the City Engineer shall record a notice of completion of subdivision improvements with the County Recorder.

2. Acceptance. If the subdivision improvements have been accepted by the City and public improvements have been dedicated on the final map, the City Clerk shall record an acceptance of public improvements with the County Recorder.

The City Engineer shall file the acceptance of improvements dedicated on parcel maps with the County Recorder.

3. Acceptance of a Portion of the Improvements. When requested by the subdivider in writing, the City may consider acceptance of a portion of the improvements. 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.

The City Engineer shall file the acceptance of improvements dedicated on parcel maps with the County Recorder.

1. As a condition of approval of a tentative map, there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public. However, when such supplemental size, capacity, number of length is solely for the benefit of property not within the subdivision, the City shall, subject to the provisions of Sections 66486 and 66487 of the Subdivision Map Act, enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements.

2. The City Council shall determine the method for payment of the costs required by a reimbursement agreement, which method may include, but shall not be limited to, the following:

   • a. The collection from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision, a reasonable charge for such use.

   • b. The contribution to the subdivider of that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and the levy of a charge upon the real property benefited to reimburse the City for such costs, together with interest thereon, if any, paid to the subdivider.

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City of Walnut Creek, CA

SUBDIVISIONS

§ 10-1.813

§ 10-1.813

• c. The establishment and maintenance of local benefit districts for the levy and collection of such charge or costs from the property benefited.

3. No charge, area of benefit or local benefit district shall be established unless and until a public hearing is noticed and held thereon by the City Council in accordance with the provisions of Section 10-1.402.6 and the City Council finds that the charge, area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.

4. In addition to the notice required by subsection 3 above, written notice of the hearing shall be given to those who own property within the proposed area of benefit as shown on the last equalized assessment roll, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the City Clerk at least ten (10) days prior to the date established for the hearing.

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City of Walnut Creek, CA

SUBDIVISIONS

§ 10-1.901

§ 10-1.904