Watsonville Municipal Code Art. 1 Improvements, Agreements and Security

The subdivider shall construct all required improvements both on site and off site according to approved standards. No final map shall be presented to the City Council or parcel map to the City Engineer for approval until the subdivider either completes the required improvements, or executes an improvement agreement with the City and provides all required securities in accordance with this chapter.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

(a) As conditions of approval of the tentative map, the improvements set forth below shall be the minimum required of all subdivisions:

(1) Frontage Improvements. The frontages of every lot shall be improved with street improvements meeting the requirements of the City Public Improvement Standards. Street improvements shall at a minimum include curbs, gutters, sidewalks, street paving, street lighting, street trees, landscaping and traffic control devices.

(2) 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-site storm drain improvements may be required to satisfy this requirement. The storm drain system shall conform to the requirements of the City stormwater management plan, the City public improvement standards and the City stormwater land development standards.

(3) Sanitary Sewers. An approved sanitary sewer system shall be planned, designed and constructed for every subdivision. Each unit or lot within the subdivision shall be served by an individual sanitary sewer lateral.

(4) Water Supply. An approved domestic water system shall be planned designed and constructed for every subdivision. Each unit or lot within the subdivision shall be served by an individual water service.

(5) Utilities. Each unit or lot within the subdivision shall be served by gas (if required), electric, telephone and cablevision facilities. All utilities within the subdivision and along peripheral streets shall be placed underground except those facilities exempted by the Public Utilities Commission regulations.

(b) Limitation on Parcel Map Improvements.

(1) In accordance with Section 66411.1 of the Subdivision Map Act, improvement requirements for parcel maps creating four (4) or fewer lots shall be limited to the dedication of rights-of-way and easements and the construction of off-site and on-site improvements for the parcels being created. Requirements for the construction of such off-site and on-site improvements shall be noticed by a statement on the parcel map, on the instrument evidencing the waiver of the parcel map or by a separate instrument. Such improvement requirements shall be recorded on, concurrently with or prior to the parcel map or instrument of waiver of a parcel map being filed for record.

(2) Fulfillment of parcel map construction requirements shall not be required until the time a permit or other grant of approval for development of the parcel is issued by the City or until the time the construction of the improvements is required pursuant to an agreement between the subdivider and the City, except that in the absence of such an agreement, the City may require fulfillment of the construction requirements within a reasonable time following approval of the tentative parcel map and prior to the issuance of a permit or other grant of approval for the development of a parcel upon a finding by the City that fulfillment of the construction requirements is necessary for either of the following reasons: (i) the public health and safety, or (ii) the required construction is a necessary prerequisite to the orderly development of the surrounding area.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

If the subdivider is required to construct off-site improvements on land in which neither the City nor the subdivider has sufficient title or interest to allow construction, prior to approval of the final or parcel map, the subdivider shall enter into an agreement with the City to pay the cost of acquiring the off-site property interests and to complete the improvements at such time as the City acquires an interest in the land to permit the improvements to be completed. Acquisition of land for such improvements shall be carried out in accordance with Section 66462.5 of the Map Act.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

As a condition of tentative map approval, the City may require that public improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, or length for the benefit of property not within the subdivision. When such supplemental size, capacity, number, or length is provided, the City Council 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 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. The City Council shall determine the method for payment of the costs required by a reimbursement agreement.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

Improvement plans shall be reviewed and approved by the City Engineer as specified in Chapters 13-4 and 13-5.

(a) Improvement plans shall be prepared under the direction of and signed by a registered civil engineer licensed by the State.

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

(c) Plans, profiles and details shall be legibly drawn, printed or reproduced on twenty-four-inch by thirty-six-inch (24" x 36") sheets.

(d) Plans and profiles shall be drawn to the scale of one inch equals forty feet (1" = 40') or larger unless approved by the City Engineer. Details shall be drawn to such scale that clearly shows the facility being constructed. The scales for various portions of the plans shall be shown on each sheet.

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

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

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

(h) All lettering shall be one-tenth (0.1") inch minimum.

(i) If the plans include three (3) or more sheets, a cover sheet showing the streets, lots, easements, storm drains, index and vicinity map shall be included.

(j) The form of all plans shall conform to such additional requirements as may be established by the City Engineer. The final form of all plans shall be as approved by the City Engineer.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

Hydrology reports, hydraulic calculations, bond estimates, structural calculations, soils reports, and such other supplementary plans and calculations as may be reasonably required, shall be submitted with the improvement plans to the City Engineer. All calculations shall be legible, systematic and signed, dated and stamped by a registered civil engineer licensed by the State and in a form as approved by the City Engineer.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

For a designated remainder parcel, as defined by Section 66424.6 of the Map Act, the fulfillment of construction requirements for improvements shall not be required until a permit or other grant of approval for development of the remainder parcel is issued by the City or until the construction of the improvements is required pursuant to an agreement between the City and subdivider. In the absence of an agreement the City may require fulfillment of the construction requirements within a reasonable time following approval of the final map and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel upon a finding by the City 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, Ord. 1274-11 (CM), eff. February 24, 2011)

Requests by the subdivider or the engineer for revisions to the approved plans shall be submitted in writing to the City Engineer and shall be accompanied by copies of the revised drawings showing the proposed revision. If the revision is consistent with this title and all conditions of tentative map approval, the reproducible copies shall be submitted to the City Engineer’s office for signing. The copies shall be returned to the subdivider’s engineer. Construction of any proposed revision will not be permitted to commence until revised plans have been approved and signed by the City.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

When revisions are deemed necessary by the City Engineer to protect public health and safety, or as field conditions may require, such direction shall be made in writing to the subdivider and his/her engineer. The subdivider’s engineer shall revise the reproducible copies and transmit the copies to the City Engineer for signing within such time as specified by the City Engineer. Construction of all or any portion of the improvements may be stopped by the City Engineer until revised drawings have been approved and signed by the City.

The subdivider may appeal revisions required by the City Engineer to the City Council by filing an appeal with the City Clerk within two (2) working days following receipt of the request to revise the plans pursuant to the provisions in Sections 13-3.07 through 13-3.13.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

Costs incurred by the City for the checking of plans, calculations and inspections as a result of revisions to the approved plans shall be borne by the subdivider by the payment of fees approved by City Council resolution.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

Where required improvements have not been built before final or parcel map approval, the subdivider shall commit to complete those improvements by agreement with the City prior to approval of the final or parcel map. The improvement agreement shall be prepared and signed by the City Manager, and shall be approved as to form by the City Attorney. For subdivisions of five (5) lots or more, the improvement agreement shall be approved by the City Council. For subdivisions of four (4) lots or fewer, the improvement agreement shall be approved by the City Engineer. The agreement shall include but not be limited to provisions for all of the following:

(a) Construction of all improvements according to the approved improvement plans and specifications on file with the City Engineer.

(b) Completion of improvements within the time as stated in the agreement.

(c) Installation of all property corner points and City monuments.

(d) Right of the City to modify the plans and specifications.

(e) Warranty by subdivider that construction will not adversely affect any portion of adjacent properties.

(f) Payment of plan review fees, inspection fees, and all other fees in accordance with the City’s resolution establishing fees and charges.

(g) Payment of City impact fees as required by City Council resolution or ordinance.

(h) Payment of any in-lieu fees as required by City Council resolution or ordinance.

(i) Improvement security as required by this chapter.

(j) Maintenance and repair of any defects or failures and their causes for a one (1) year period following completion and acceptance as defined by the agreement.

(k) Release of the City from all liability incurred by the development and payment of all reasonable attorney’s fees that the City may incur because of any legal action arising from the development.

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

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

Any improvement agreement required or authorized by the Subdivision Map Act, for which security is required, shall be secured in accordance with Section 66499 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.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

The form of security shall be one (1), or the combination of, the following at the option of and subject to the approval of the City:

(a) Performance and payment bonds by one or more duly authorized corporate sureties. The form of the bond or bonds shall be in accordance with Sections 66499.1 and 66499.2 of the Subdivision Map Act.

(b) An instrument of credit, set aside agreement or certificate of deposit from one or more financial institutions subject to regulation by the State or federal government and pledging that the funds necessary to carry out the agreement are on deposit and guaranteed for payment. This instrument of credit shall be in a form acceptable to and deposited in the name of the City of Watsonville and shall be held for the purpose of carrying out the terms of the agreement.

(c) A cash deposit, either with the City or, at the option of the City, with a responsible escrow agent or trust company.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

The minimum amount of security that is posted shall be as follows:

(a) If the improvement security posted is a surety bond, the bond shall be the sum of the following: (1) for performance, one hundred (100%) percent of the estimated construction cost to guarantee the construction and installation of all the improvements; and (2) an additional amount of one hundred (100%) percent of the estimated construction cost to guarantee payment to the contractor, subcontractors, and persons furnishing labor, materials, or equipment for the construction and installation of the improvements.

(b) If the improvement security posted is an instrument of credit, a set aside agreement or certificate of deposit issued by a financial institution subject to regulation by the State or federal government, or consists of a cash deposit, the amount of the instrument or deposit shall be one hundred fifty (150%) percent of the estimated construction cost to guarantee the construction and installation of all the improvements and to guarantee payment to the contractor, subcontractors, and persons furnishing labor, materials, or equipment for the construction and installation of the improvements.

(c) The estimate of improvement costs shall be as approved by the City Engineer and shall include all of the following:

(1) Ten (10%) percent of the total construction cost for contingencies.

(2) Construction cost increase for projected inflation computed to the estimated midpoint of construction.

(3) All utility installation costs or a certification acceptable to the City Engineer from the utility company that adequate security has been deposited to insure installation.

(d) The security provided shall additionally include the following amounts:

(1) An amount as needed to cover costs, reasonable expenses, and fees, including attorney’s fees which may be incurred by the City in enforcing the obligation secured.

(2) Warranty security as required by the City Engineer to warrant the improvement construction for a period of one (1) year following City acceptance against any defective work or materials. The minimum amount of the warranty security shall be ten (10%) percent of the cost of the construction of the improvements.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

In addition to other security required pursuant to this article, the subdivider shall deposit with the City not less than one (1%) percent of the approved construction cost estimate or two thousand and no/100ths ($2,000.00) dollars cash for a subdivision of four (4) or fewer parcels, whichever amount is greater. For subdivisions of five (5) or more parcels the amount shall be one (1%) percent of the approved construction cost estimate or ten thousand and no/100ths ($10,000.00) dollars, whichever amount is greater. 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 security is released.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

The City Engineer may authorize in writing the release of a portion of the security for performance in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work progresses upon application by the subdivider. The amount of reduction of the security shall be as determined by the City Engineer consistent with the provisions of Section 66499.7 of the Map Act.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

All improvements are subject to inspection by the City Engineer or authorized personnel to insure compliance with the plans, the specifications and the City’s public improvement standards.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

Prior to commencing any construction, the subdivider shall schedule a preconstruction conference with the City Engineer, Community Development Director, representatives from utility companies, and the subdivider’s contractors, engineers and special inspectors and testing agency.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

Upon completion of the subdivision improvements, the developer shall apply in writing to the City Engineer for a preliminary inspection prior to final inspection. The City Engineer or authorized representative shall schedule a preliminary 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 inspection may be halted and rescheduled on a date as determined by the City Engineer or authorized representative.

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

Upon having completed all corrections or additional work as outlined by the deficiency list, the subdivider shall certify in writing that all corrections have been completed satisfactorily and request a final inspection. The City Engineer or authorized representative shall then make a final inspection.

Upon a finding by the City Engineer that all items on the deficiency list have been corrected and upon receipt of as-built improvement plans, statements from design engineers, geotechnical engineers and special inspectors and testing agency that the improvements have been constructed in substantial compliance with the improvement plans and specifications, and upon the City Engineer’s determination that the improvements have been constructed satisfactorily in accordance with the approved plans, the City Council shall consider acceptance of the public improvements for subdivisions of five (5) or more parcels and the City Engineer shall consider acceptance of improvements for subdivisions of four (4) or fewer parcels.

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

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

For any subdivision either a final map or a parcel map, the subdivision improvements shall be completed by the subdivider within the time specified by the improvement agreement which shall be a period not less than twelve (12) months and not more than thirty-six (36) months from the date of recording of a final map, unless an extension is granted by the City Engineer. Time extensions granted for improvement completion may occasion the assessment of additional inspection fees as determined by the City Engineer.

Should the subdivider fail to complete the improvements within the specified time, the City Engineer may 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.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)