§ 16.24

All subdivision improvements are the responsibility of the subdivider, and must be installed in accordance with provisions of this title, the subdivision standards, and all applicable laws, rules or regulations of the state or agencies thereof. Such improvements are subject to inspection by the city engineer, and approval by the city council. Such improvements must include, but not be limited to, the following:

A.

Land grading and improvement;

B.

Street, alley, walkway and off-street parking, grading and paving;

C.

Curbs, gutters, sidewalks and landscaping in rights-of-way;

D.

Sanitary sewers, storm drains, and appurtenances;

E.

Street lighting systems;

F.

Fire hydrants;

G.

Electric, gas and water utility systems;

H.

Street signs, warning and safety devices.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

The subdivision standards must contain any or all of the following that are not otherwise included in this title: Standards for street and lot design; for street widths, grades and curves; for sewerage, water supply, and fire protection; for all improvements to be installed, including public utilities; for office and field checking of maps and survey data; for construction inspections, fee schedules, forms for bonds and agreements and such other matters as may be included therein by resolution of the city council.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

The planning commission may require that a subdivider provide such documents, including, but not restricted to, deeds, dedications, grants, restrictions, easements and rights-of-way, as it deems necessary to effect a sound and proper plan of land division.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

The planning commission may require a request for change of zoning to insure compatibility of plans and regulations.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

The planning commission may permit private streets in subdivisions that are subject to the provisions of this title in cases where the committee finds and reports that such streets provide local access to parcels to be created, and do not constitute elements of arterial or collector streets systems necessary to serve areas beyond the bounds of the subdivision site. Subdivisions in which private streets are permitted must be subject to all provisions of this title except as otherwise or as additionally provided below in this section:

A.

Private streets must be constructed in conformity with the subdivision standards.

B.

Provisions for maintenance of private streets must be required by the planning commission, and bonds or other guarantees of compliance with such provisions may be required.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

The planning commission may recommend approval of subdivision plans that include the clustering of development sites in combination with the preservation of open space and plans that include airports, golf courses and other types of recreational facilities and other such special features intended for the common usage of owners and guests; provided, that such features are in conformity with zoning, lot area and density standards on an averaged overall lots plus open space basis, and other provisions of law. In such cases:

A.

The planning commission must require provisions for proper construction of such special features.

B.

The planning commission must require provisions for preservation of open spaces and adequate maintenance and operation of all such features, and may require bonds or other guarantees of compliance with such requirements.

C.

The planning commission may approve such division plans under existing "P-D" zoning, or may require "PD" zoning or other appropriate zoning as a condition to approval of the division.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

At the time the city council approves a final map, the subdivider must enter into an agreement with the city council agreeing to have the improvements completed within the time clause guaranteeing the workmanship and materials provided in all improvements for a twelve-month period after acceptance of the improvements by the city council. Said agreement may provide for extension of time under specified conditions. The agreement may also provide for the termination of the agreement upon a reversion to acreage or revocation of all or part of the subdivision.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

A.

To assure that the improvements required by this title are satisfactorily completed, adequate improvement security must be furnished by the subdivider for the cost of the improvements according to the plans and specifications in a sum or amount equal to the estimate approved by the city engineer. Partial release of said improvement security may be made in accordance with the provision of the Subdivision Map Act. The improvement agreement, referred to in Section 16.24.070 of this chapter, must be secured by one of the following securities upon approval of the advisory agency:

1.

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

2.

A deposit, either with the city or a responsible escrow agent or trust company selected by the City, or money or negotiable bonds of the kind approved for securing deposits of public moneys;

3.

An instrument of credit from a state or federal agency, or the city when any such state or federal agency, or the city provides at least 20 percent of the financing for the portion of the act or agreement requiring security, or 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 act or agreement are on deposit and guaranteed for payment upon demand by the city, or an irrevocable letter of credit issued by one or more responsible financial institutions regulated by the state or federal government and pledging that the said funds are on deposit and guaranteed for payment upon demand by the city;

4.

A lien upon the property to be divided, created by contract between the owner and the advisory agency, if the advisory agency finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map; provided the form of contract is approved by the city engineer; or

5.

Any form of security, including security interests in real property, that is acceptable to the advisory agency and specified by ordinance thereof.

B.

Any contract or security interest in real property entered into as security for performance pursuant to paragraphs 4 or 5 of the preceding subsection must be recorded with the County Recorder. From the time of recordation of the written contract or document creating a security interest, a lien will attach to the real property particularly described therein and will have the priority of a judgment lien in an amount necessary to complete the agreed to improvements. The recorded contract or security document must be indexed in the grantor index to the names of all record owners of the real property as specified on the map and in the grantee index to the city.

C.

The form of bond to secure the faithful performance of the improvement agreement, and the form of bond for the security of labor and materials, must be substantially in compliance with the forms set forth in Sections 66499.1 and 66499.2 of the Subdivision Map Act. Appropriate modifications must be made in such form if the bond is being furnished for the performance of an act not provided for by agreement.

D.

Security to guarantee the performance of any act or agreement must be in the following amounts:

One hundred percent of the total estimated cost of the improvement or of the act to be performed conditioned upon the faithful performance of the act or agreement; and

2.

Fifty percent of the total estimated cost of the improvement or the performance of the required act, securing payment to the contractor to the subcontractors, and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act; provided however, that for the security referenced subdivisions A. 1-5 of this section, an additional sum, not to exceed one hundred percent of the estimated cost of the improvement or the performance of the required act, may be required, upon determination of the advisory agency, to guarantee payment provided the security instrument authorizes draws to pay for labor and materials and specifies that not more than fifty percent of the total must be released, except to the city to pay for completion of improvements, until after the sixty day lien period has expired;

3.

Ten percent of the total estimated costs of the improvements, to be provided prior to city acceptance of completion, to guarantee or warranty the work for a period of one year following completion and acceptance thereof against any defective work or labor done, or defective materials furnished;

4.

As part of the obligation guaranteed by the security and in addition to the face amount of the security, there must be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the city in successfully enforcing the obligation secured. Said additional fee must be in the amount of fifteen thousand dollars or fifteen percent of the total estimated cost of improvements, whichever is less. The improvement security must also secure the faithful performance of any changes or alterations that do not exceed ten percent of the original estimated cost of the improvement.

E.

Said improvement security must be released by the city engineer upon acceptance of the work or upon revocation or reversion to acreage of the subdivision and abandonment of all streets and easements; except, that the security in the amount specified by the city engineer to guarantee workmanship and materials will remain in full force and effect for one year after acceptance of the improvements.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

Work on public improvements will be deemed accepted upon final approval by the city engineer and accepted by order of the city council; provided, however, that the warranty period(s) must commence upon recordation of a notice of completion. Work on private improvements will be deemed accepted, for purposes of satisfaction of the improvement only, upon receipt by the city engineer of a certificate signed by a registered Engineer stating that all such improvements have been constructed in accordance with the plans and specifications approved for the subdivision by the city engineer.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

A.

A subdivider who has submitted a tentative map for which a final map or parcel map is required may be required to install improvements for the benefit of the subdivision that may contain supplemental size, capacity or number, or length for the benefit of property not within the subdivision as a condition precedent to the approval of a tentative map and that those improvements be dedicated to the public. Supplemental length may include minimum sized off-site sewer lines necessary to reach a sewer outlet in existence at that time.

B.

In the event the installation of such supplemental improvements is required by the advisory agency or authorized representative, the advisory agency or authorized representative must enter into an agreement with the subdivider to reimburse the subdivider, upon collection of moneys from owners of other property benefitted thereby and within a specified time period, for that portion of the cost of those 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.

C.

In order to pay the costs required by the reimbursement agreement, the city may:

1.

Collect 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;

2.

Contribute to the subdivider that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and levy a charge upon the real property benefitted to reimburse the city for such cost, together with interest thereon, of any, paid to the subdivider;

3.

Establish and maintain local benefit districts for the levy and collection of such charge or costs from the property benefitted.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

Prior to filing any final map or parcel map, the subdivider must pay, or cause to be paid, any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local and neighborhood drainage areas required pursuant to drainage plans adopted by the city council in accordance with Section 66483 of the Subdivision Map Act.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

Prior to filing any final map or parcel map, the subdivider must pay, or cause to be paid, any fees for defraying the actual or estimated costs of constructing planned sanitary sewer facilities for local sanitary sewer areas required pursuant to sanitary sewer plans adopted by the city council in accordance with Section 66483 of the Subdivision Map Act.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

Prior to filing any final map or parcel map, the subdivider must pay or cause to be paid any fees for defraying the actual or estimated costs of construction of planned water facilities pursuant to the water master plan adopted by the city council.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

16.24.140 - Refuse facilities—Payment of fees required.

Prior to filing any final map or parcel map, the subdivider must pay or cause to be paid any fees for defraying the actual or estimated costs of providing for local refuse services for the subdivision or parcel map as adopted by the city council.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

Chapter 16.28 - EXCEPTIONS

Sections: