Chapter 9.88
Subdivision Design and Improvement Requirements

Sections:

9.88.010    Purpose of Chapter

9.88.020    Applicability of Design and Improvement Standards

9.88.030    Subdivision Design and Improvement Standards

9.88.032    Subdivision Design and Improvement Standards - Special Residential Subdivisions

9.88.040    Site Preparation and Subdivision Construction

9.88.050    Improvement Plans

9.88.060    Installation of Improvements

9.88.070    Improvement Agreements and Security

9.88.080    Soils Reports

9.88.010 Purpose of Chapter

This Chapter establishes standards for the design and layout of subdivisions, and the design, construction or installation of public improvements within subdivisions. The purpose of these standards is to ensure, through careful site evaluation and design, the creation of new usable parcels that are consistent with the General Plan and any applicable Specific Plan.

9.88.020 Applicability of Design and Improvement Standards

The requirements of this Chapter apply as follows:

A.    Extent of required improvements. Each subdivision shall provide the improvements required by this Chapter, and any additional improvements required by conditions of approval.

B.    Applicable design standards, timing of installation. The subdivider shall construct all on- and off-site improvements according to standards approved by the City Engineer. No Final or Parcel Map shall be approved or presented to the Council for approval until the subdivider either completes the required improvements, or enters into a subdivision improvement agreement with the City for the work.

C.    Subdivision improvement standards - Conditions of approval. The applicable subdivision improvement and dedication requirements of this Chapter and any other improvements and dedications required by the review authority in compliance with Section 9.81.060 (Findings Required for Tentative Map Approval), shall be described in conditions of approval adopted for each approved Tentative Map (Section 9.81.070). The design, construction or installation of all subdivision improvements shall comply with the requirements of the City Engineer.

D.    Oversizing of improvements.

1.    At the discretion of the review authority, improvements required to be installed by the subdivider for the benefit of the subdivision may also be required to provide supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and may be required to be dedicated to the City, in compliance with Map Act Chapter 4, Article 6.

2.    In the event that oversizing is required, the City shall comply with all applicable provisions of Map Act Sections 66485 et seq., including the reimbursement provisions of Map Act Section 66486.

3.    If a parcel proposed for subdivision is subject to an existing reimbursement agreement, the subdivider shall pay the required reimbursement prior to the recordation of the Final Map, or the issuance of a building permit for construction on the parcel, whichever occurs first.

E.    Exceptions. Exceptions to the requirements of this Chapter may be requested and considered in compliance with Section 9.80.090 (Exceptions to Subdivision Standards).

9.88.030 Subdivision Design and Improvement Standards

This Section establishes standards for the design and layout of subdivisions, and the design, construction or installation of public improvements within subdivisions. These standards are intended to ensure, through careful site evaluation and design, the creation of new usable parcels that are consistent with the General Plan and any applicable specific plan. These standards apply to all proposed subdivisions as noted, except as otherwise provided by Section 9.88.032 (Subdivision Design and Improvement Standards - Special Residential Subdivisions)

A.    General design principles. Subdivision design shall be based on an analysis of the natural conditions and features of the site. To the maximum extent feasible, development shall be located and designed to preserve natural features and avoid areas of environmental sensitivity, including wetlands, significant or mature trees or stands of trees, creek side riparian habitat areas, floodplain areas, and areas with slopes greater than 25 percent. Residential structures, including decks and balconies, shall not extend into significant natural areas, as determined by the review authority

B.    Density of residential development. The maximum number of dwelling units permitted within a proposed subdivision shall not exceed the density established by the General Plan, the maximum number of dwelling units permitted by the applicable zoning district, current state density bonuses, or the City’s affordable housing requirements as outlined in Chapter 9.32.

C.    Energy conservation. Each proposed subdivision shall be designed to provide maximum opportunities for energy conservation, including opportunities for passive or natural heating or cooling opportunities, in compliance with Map Act Section 66473.1, and Chapter 9.56 (Solar Siting and Solar Access). Consideration should be given to east-west orientation of streets to provide maximum solar access.

D.    Gated or walled communities. No residential development within the City shall be entirely enclosed by a wall or fence, and no residential area shall be provided with gates or other limitations on general public pedestrian or vehicle access to the dedicated streets or sidewalks within the development.

E.    Hillside subdivisions. Each proposed subdivision shall comply with the requirements of Chapter 9.52 (Hillside Development), as applicable.

F.    Sidewalks, streets, blocks, and parcels.

1.    Pedestrian walkways away from street frontages. The City may require dedicated and improved pedestrian walkways in locations away from street frontages where necessary, to provide safe and convenient pedestrian access to a public facility or to otherwise provide convenient connections between existing pedestrian routes. Where walkways are required, the City Engineer shall specify standards for their design and construction, after consultation with the Transportation Safety Committee.

2.    Bicycle paths. The subdivider shall provide bicycle paths within an approved subdivision in compliance with Section 66475.1 of the Subdivision Map Act, the Transportation Element of the General Plan, and any other applicable City plan.

3.    Streets. The layout, design, and construction of proposed streets shall comply with the General Plan, the following requirements, and the energy conservation standards of Subsection C.

a.    Street design standards.

(1)    Proposed streets, blocks, and parcels shall be arranged so that each proposed parcel has direct access to a public street or alley. Where direct access is infeasible, proposed parcels may be served by a common access driveway easement that connects to a public street; provided that the number of parcels allowed by the review authority to be served by an easement shall be limited based on consideration by the review authority of the public safety of proposed access, ingress, and egress, and parking, utilities, drainage, and environmental issues.

(2)    The width and number of traffic and parking lanes of proposed streets shall comply with the City’s Standard Details, provided that subdivision design may utilize narrow or "skinny" streets and various traffic calming approaches as approved by the review authority, in compliance with the General Plan.

(3)    Alleys are encouraged for access to vehicle parking areas.

b.    Street location/alignment. The layout of proposed streets shall comply with the City’s General Plan, subject to approval by the City Engineer. Whether or not shown on the General Plan, streets proposed within a new subdivision shall be interconnected and shall connect with adjacent streets external to the subdivision, to provide multiple routes for pedestrian and vehicle trips from, to, and within the subdivision, as determined by the review authority to be appropriate. Cul-de-sac streets may be approved only in compliance with Subsection F.3.d. (Cul-de-sac and other dead-end streets).

c.    Street extensions and stub streets.

(1)    Street extensions. Where the subdivision adjoins unsubdivided land, streets in the subdivision shall be extended to the adjacent unsubdivided land, as prescribed by the review authority, to provide access to the unsubdivided land in the event of its future subdivision.

(2)    Stub street improvements. In the case of stub-end streets extending to the boundary of the property, a barricade, the design to be approved by the City Engineer, shall be constructed at the end of the stub-end street, pending the extension of the street into adjacent property. Where required by the Planning Commission, a temporary connection to another street, or a temporary turnaround, shall be provided by the subdivider.

d.    Cul-de-sac and other dead-end streets. Subdivision design shall not include cul-de-sac or other dead-end streets except where through streets cannot be provided because of existing development or other physical barrier or environmental feature requiring protection and/or preservation (e.g., a creek channel).

e.    Intersections. All streets shall normally intersect as nearly as possible at right angles, except when it can be shown that any other street pattern will improve design of the subdivision without hindering traffic safety. Traffic calming and pedestrian/bicycle safety features shall be incorporated into the design after consultation with the Transportation Safety Committee.

f.    Curb, gutters, and sidewalks. Where authorized by the review authority, sidewalks may be furnished on one side of the street only. Curbing and gutters shall be provided as required by the City’s Standard Details, and as required by the review authority.

(1)    In general, curbing and gutters are appropriate for street drainage, safety, and the delineation and protection of the pavement edge.

(2)    Where curbing is not required, some other type of edge definition and stabilization shall be specified by the review authority.

g.    Street dedications. A street that is not constructed to City standards will not be accepted by the City for dedication as a public street. However, even a street that complies with all applicable City standards may not be accepted for dedication. Acceptance of street dedication is at the discretion of the Council.

h.    Street lighting. All proposed subdivisions shall provide street lighting facilities designed and constructed in compliance with the City’s improvement standards and specifications, provided that the review authority shall ensure that:

(1)    The illumination of streets shall be unobtrusive and the lowest intensity compatible with safety; and

(2)    No lighting shall be allowed that results in illumination above the tree canopy.

The subdivider shall pay any street light maintenance and energy fee required by the City, through an assessment district.

i.    Street signs and street names.

(1)    Street names. Names proposed for public and private streets within a proposed subdivision shall be approved by the review authority. The duplication of an existing street name within the same area shall not be allowed in a new subdivision unless the street is an obvious extension of an existing street.

(2)    Street signs. The subdivider shall provide a minimum of one street name sign in compliance with the City’s improvement standards and specifications at each street intersection.

4.    Blocks. Proposed subdivision blocks shall comply with the following standards.

a.    Block length. Block faces should be 300 feet in length and shall not exceed a length of 500 feet except as approved by the Review Authority. No block perimeter shall exceed 2,000 feet.

b.    Block width. The width of each block shall be sufficient for an ultimate layout of two tiers of lots within the block, preferably with an alley between the tiers, with the lots sized in compliance with this Section. The review authority may approve alternative designs where it determines that surrounding subdivision layout, property lines, or topographic conditions require other standards.

5.    Parcels. The size, shape and arrangement of proposed parcels shall comply with this Section, and with any other applicable General Plan policy, specific plan requirement, or other Municipal Code provision.

a.    General parcel design standards. Proposed parcels shall be designed with lot boundaries that are regular in shape, and in compliance with the following standards.

(1)    Each proposed parcel shall be determined by the review authority to be "buildable" because it contains at least one building site that can accommodate a structure in compliance with all applicable provisions of this Land Use Code.

(2)    No parcel shall be created that is divided by a City boundary line.

(3)    No subdivision shall be approved which leaves unsubdivided islands, strips or parcels, or property unsuitable for subdividing, which is not either accepted by the City or other appropriate entity for public use, or maintained as common area, within the development.

(4)    Clustering of lots with common open space areas and/or common parking lots is encouraged, in compliance with the General Plan.

b.    Parcel area. The minimum area for new parcels shall be as required by Article 2 (Zoning Districts and Allowable Land Uses) for the applicable zoning district, except as otherwise provided by this Section, and except as provided by Chapter 9.32 (Affordable Housing Requirements) or Section 9.72.070 (Planned Development Permit).

(1)    Calculation of area. When calculating the area of a parcel to determine compliance with this Section, Article 2, or the General Plan, the following shall be deducted from the gross area of any parcel, regardless of whether they may be used by the general public or are reserved for residents of the subdivision:

(a).    A vehicular or non-vehicular access easement through the parcel;

(b).    An easement for an open drainage course, whether a ditch, natural channel or floodway; and

(c).    The "flag pole" (access strip) of a flag lot.

(2)    Minimum lot area requirements for common interest projects. The minimum lot area requirements of Article 2 for the applicable zoning district shall not apply to condominiums, condominium conversions, and townhouses, but shall apply to the creation of the original parcel or parcels that are the location of the condominium or townhouse structure.

c.    Parcel dimensions. The dimensions of new parcels shall comply with applicable provisions of Article 2, or as otherwise required by the review authority.

d.    Parcel configuration. The layout of proposed parcels and streets shall be designed to use land efficiently and minimize site disturbance in terms of cuts and fills and the removal of vegetation. See also the lot design provisions regarding energy conservation in Subsection C.

(1)    Street frontage required. Except where determined by the review authority to be infeasible, each proposed parcel shall have frontage on a public street or improved alley. The frontage width shall be at least the minimum lot width required by the applicable zoning district, except where a flag lot is approved in compliance with Subsection F.5.d.4 (Flag lots) or the curving of the street frontage makes it infeasible.

(2)    Double-frontage lots. Parcels with streets along both the front and rear lot lines shall be prohibited, except when necessitated by topographical or other physical conditions or where access from one of the roads is prohibited. (An alley is not considered a street for the purposes of this Section.)

(3)    Cul-de-sac parcels. Where cul-de-sac parcels are allowed by the review authority, the minimum street frontage width for each parcel shall be 25 feet. The minimum depth of a parcel accessed by a cul-de-sac shall be an average of 90 feet.

(4)    Flag lots. Flag lots may be approved only where the review authority determines that unusual depth or other characteristic of a parcel to be subdivided prevents one or more proposed parcels from having a frontage width equal to the minimum lot width required by the applicable zoning district. Where allowed, the "flag pole" portion of a flag lot shall have a minimum width of 15 feet for one lot and 20 feet for access to two or more lots; provided that the review authority may require additional width depending upon the length of the flag pole and traffic safety sight distance considerations.

e.    Curb cuts and driveways. Whenever feasible, curb cuts serving adjacent uses shall be combined to minimize the number of entrances onto a public right-of-way. No curb island is allowed when it is less than six feet from top of curb cut to top of curb cut between uses. Proposed parcels shall be designed to accommodate driveways designed in compliance with Section 9.36.100 (Driveways and Site Access).

G.    Landscaping. Landscaping shall be provided in compliance with Chapter 9.34 (Landscape Standards). The review authority may also require a subdivider to provide landscape buffers at appropriate locations to create a visual screen and minimize adverse impacts where a proposed subdivision abuts a major street or railroad, or includes more than one land use or housing type.

H.    Monuments. The subdivider shall install monuments in compliance with the requirements of the City Engineer, and Map Act Chapter 4, Article 9.

I.    Off-site work. The subdivider may be required to upgrade existing facilities to comply with increased capacity demands created by the subdivision, including road paving, sidewalk installation, etc.

J.    Private facilities - Maintenance. A subdivision with common area or private streets shall have conditions, covenants, and restrictions (CC&Rs) approved by the City to provide for the maintenance of the common areas and/or private streets, and establish standards for maintenance.

K.    Public facilities and utilities.

1.    Bridges and major thoroughfares. The City may assess and collect fees as a condition of issuing a building permit for the purpose of defraying the actual or estimated costs of constructing bridges or major thoroughfares in compliance with Map Act Section 66484, after the City has established provisions through the circulation element of the General Plan for bridge crossings and major thoroughfares by ordinance.

2.    Fire hydrants. The subdivider shall install fire hydrants of sizes and at locations approved by the Fire Chief and the Public Works Director.

3.    Public utilities and utility easements. Each approved parcel shall be provided connections to public utilities, including electricity, gas, water, sewer, and telecommunications services, which shall be installed as part of the subdivision improvements as provided by this Section.

a.    Underground utilities. Utilities in new subdivisions shall be installed underground, as follows. These requirements do not apply to utility lines which do not serve the area being subdivided. Telecommunications facilities are also subject to the requirements of Chapter 9.44 (Telecommunications Facilities).

(1)    When required. All existing and proposed utility distribution facilities (including electric, telecommunications and cable television lines) installed in and for the purpose of supplying service to any subdivision shall be installed underground. Equipment appurtenant to underground facilities, including surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts, shall also be located underground or entirely within a building.

The subdivider is responsible for compliance with the requirements of this Section and shall make the necessary arrangements with all affected utility companies for facility installation.

(2)    Location of installation. Underground utility lines may be installed within street rights-of-way or along a lot line, subject to appropriate easements being provided if necessary. When installed within street rights-of-way, their location and method of installation, insofar as it affects other improvements within the street right-of-way, shall be subject to the approval of the City Engineer.

b.    Utility easements - Minimum width. The minimum width of easements for public or private utilities, sanitary sewers, or water distribution systems shall be determined by the review authority based on the recommendations of the City Engineer for City facilities, and the recommendations of the applicable utility company, for public or private utilities.

c.    Timing of installation. All underground utilities, water lines, sanitary sewers, and storm drains installed in streets, shall be constructed before the streets are surfaced. Connections to all underground utilities, water lines, and sanitary sewers from approved parcels shall be laid to sufficient lengths, as determined by the City Engineer, to avoid the need for disturbing the street improvements when service connections are made.

4.    Railroad crossings. A proposed subdivision shall be designed to provide for railroad crossings necessary to provide access to or circulation within the proposed subdivision, including the preparation of all documents necessary for application to the California Public Utilities Commission for the establishment and improvement of the crossings. The subdivider shall deposit with the City Clerk, in cash, the estimated costs to be incurred by the City in pursuing the application for railroad crossings before the Public Utilities Commission. Upon termination of the proceedings before the Public Utilities Commission, an accounting of the deposit will be made and an additional charge or refund will be made to the subdivider.

5.    Sewage disposal. Each parcel within an approved subdivision shall be provided a connection to the City’s sewage collection, treatment, and disposal system, in compliance with the City’s improvement standards and specifications.

6.    Storm drainage. Storm water runoff from the subdivision shall be collected and conveyed by an approved storm drain system. The use of natural drainage techniques in subdivision design is encouraged.

a.    Design principles. Natural drainage patterns shall be preserved to minimize potential slippage and flooding. On-site water retention is encouraged to reduce runoff to City facilities. Building site drainage shall be away from structures and to streets.

b.    System capacity. The storm drain system shall be designed for ultimate development of the drainage area.

c.    Protection of off-site properties. The storm drain system shall provide for the protection of abutting and other 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.

d.    Improvement of easement. Any easement for drainage or flood control shall be improved as specified by the City Engineer.

7.    Storm drainage and sanitary sewer fees. Prior to the filing of a Final Map or Parcel Map, the subdivider shall pay any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas, or sanitary sewer facilities for local sanitary sewer areas established in compliance with Map Act Section 66483. This requirement shall not be applied until the City has established a master plan for the neighborhood or sanitary areas by ordinance.

8.    Water supply. Each approved parcel shall be served by the City’s water distribution system and shall be designed and constructed to accommodate both domestic and fire flows, together with necessary fire hydrants to serve each lot proposed to be created.

9.88.032 Subdivision Design and Improvement Standards - Special Residential Subdivisions

In order to implement the Housing Element and add to the diversity of local housing opportunities, the following standards apply to special residential subdivisions, which are permitted in the Residential Low-Density (RL) zone. Other than the following standards, the other subdivision standards and requirements of this Chapter shall continue to apply.

A.    Application requirements. An applicant proposing to use the special residential subdivision standards of this Section shall clearly state their request in writing at the time of filing the Tentative Map.

1.    Occupancy by lower income households required.

a.    These standards shall only be applied in a subdivision of four or fewer lots where at least one lot will be reserved for occupancy by a low-income household.

b.    These standards shall only be applied in a subdivision of five or more lots where at least 20 percent of the lots will be reserved for occupancy by low-income households. If the subdivision contains 10 or more lots, at least 10 percent of the total number of lots shall be reserved for households with very low incomes.

2.    Design standards.

a.    Minimum lot area. In the RL zone, the minimum lot size allowed shall be 4,000 square feet.

b.    Street access. The following standards shall be applied where the proposed road will provide access only to the proposed project and immediately adjacent parcels.

(1)    Public streets will be as narrow as can safely be permitted. Turn-outs shall be provided as necessary to allow for passing movements. One-way streets may be specified.

(2)    Private roads may be permitted, provided that adequate provisions are made for long-term maintenance, and that the roads provide access only to parcels within the proposed subdivision.

c.    Pedestrian, bicycle, equestrian access. Trails, paths, or sidewalks are to be provided. They may be located within the easements on private property and may be on only one side of any roadway, unless a logical extension of adjoining trails, paths, or sidewalk requires construction on both sides of the roadway.

d.    On-street and off-street parking. Off-street parking shall be provided at a ratio of at least one space for each primary dwelling and one additional space for each second unit on each lot. Special "coves" or turnouts for on-street parking may be required to accommodate guest or overflow parking.

9.88.040 Site Preparation and Subdivision Construction

Proposed subdivision grading, and related erosion and sediment control measures, shall comply with all applicable provisions of Article 6 (Site Development Regulations).

9.88.050 Improvement Plans

After the approval of a Tentative Map, the subdivider shall diligently proceed to complete any subdivision improvements necessary to fulfill the conditions of approval. Before the construction of any improvements, the subdivider shall submit plans to the City as follows:

A.    Preparation and content. Improvement plans shall be prepared by a California registered civil engineer. Improvement plan submittals shall include the following information:

1.    Any drawings, specifications, calculations, design reports and other information required by the City Engineer;

2.    Grading, drainage, erosion and sediment control, and a storm water pollution prevention plan (SWPPP) for the entire subdivision; and

3.    The improvement plan/specification checking and construction inspection fees required by the City Fee Schedule.

B.    Submittal of plans. Improvement plans shall be submitted to the City Engineer and other reviewing agencies for review and approval. Upon the approval of improvement plans in compliance with Subsection C. following, the subdivider shall also submit to the City Engineer a detailed cost estimate of all improvements, based on guidelines provided by the City. Plans shall be submitted in hard copy and electronic form as required by the City Engineer.

C.    Review and approval. Improvement plans shall be reviewed and approved by the City Engineer, within the time limits provided by Map Act Section 66456.2.

D.    Effect of approval. The final approval of improvement plans shall generally be required before approval of a Parcel or Final Map. The approval of improvement plans shall not bind the City to accept the improvements nor waive any defects in the improvements as installed.

9.88.060 Installation of Improvements

Subdivision improvements required as conditions of approval of a Tentative Map in compliance with this Chapter (see Section 9.88.050) shall be installed as provided by this Section.

A.    Timing of improvements. Required improvements shall be constructed or otherwise installed only after the approval of improvement plans in compliance with Section 9.88.060, and before the approval of a Parcel or Final Map in compliance with Sections 9.82.060 (Parcel Map Approval) or 9.82.100 (Final Map Approval), except where:

1.    Improvements are deferred in compliance with Section 9.88.070 (Improvement Agreements and Security); or

2.    Improvements are required as conditions on the approval of a subdivision of four or fewer lots, in which case construction of the improvements shall be required:

a.    When a Building Permit is issued for development of an affected parcel; or

b.    At the time the construction of the improvements is required in compliance with an agreement between the subdivider and the City, as set forth in Section 9.88.070 (Improvement Agreements and Security); or

c.    At the time set forth in a condition of approval, when the review authority finds that fulfillment of the construction requirements by that time is necessary for public health and safety, or because the required construction is a necessary prerequisite to the orderly development of the surrounding area.

3.    To avoid breaking up street paving, underground utility or service lines required to be installed as part of a subdivision and are planned to run across or underneath the right-of-way of any street or alley shall be installed prior to the preparation of subgrade and prior to the surfacing of any streets or alleys. In the event that the development of the subdivision requires the utility company to perform utility construction work, the developer shall pay a deposit satisfactory to the utility company within sufficient time to permit construction work to be performed prior to subgrade preparation. In no event shall subgrade preparation commence before installation of all necessary utilities and laterals.

B.    Inspection of Improvements. The construction and installation of required subdivision improvements shall occur as follows.

1.    Supervision. Before starting any work, the contractor engaged by the subdivider shall designate in writing an authorized representative who shall have the authority to represent and act for the contractor in contacts with the City. The designated representative shall be present at the work site at all times while work is in progress. At times when work is suspended, arrangements acceptable to the City Engineer shall be made for any emergency work that may be required.

2.    Inspection procedures.

a.    Inspections required. The City Engineer shall make any inspections as he/she deems necessary to ensure that all construction complies with the approved improvement plans. Where required by the City Engineer, the developer shall enter into an agreement with the City to pay the full cost of any contract inspection services determined to be necessary by the City Engineer.

b.    Access to site and materials. The City Engineer shall have access to the work site at all times during construction, and shall be furnished with every reasonable facility for verifying that the materials and workmanship are in accordance with the approved improvement plans.

c.    Authority for approval. The work done and all materials furnished shall be subject to the inspection and approval of the City Engineer. The inspection of the work or materials shall not relieve the contractor of any obligations to fulfill the work as prescribed.

d.    Improper work or materials. Work or materials not meeting the requirements of the approved plans and specifications may be rejected, regardless of whether the work or materials were previously inspected by the City Engineer. In the event that the City Engineer determines that subdivision improvements are not being constructed as required by the approved plans and specifications, he or she shall order the work stopped and shall inform the contractor of the reasons for stopping work and the corrective measures necessary to resume work. Any work done after issuance of a stop work order shall be a violation of this Chapter.

3.    Notification. The subdivider shall notify the City Engineer upon the completion of each stage of construction as outlined in this Chapter, and shall not proceed with further construction until authorized by the City Engineer.

9.88.070 Improvement Agreements and Security

A subdivider may file a Parcel or Final Map before completion of all the improvements required by this Land Use Code and conditions of approval of the Tentative Map, only when the subdivider first obtains Council approval of a subdivision improvement agreement executed and submitted for Council review by the subdivider, and provides the City performance security as required by this Section. Improvement agreements and required security shall also comply with Chapter 5 of the Map Act.

A.    Contents of improvement agreement. A subdivision improvement agreement shall be submitted in a form acceptable to the City and approved by the City Attorney, and shall include the following provisions:

1.    Description of improvements. A description of all improvements to be competed by the subdivider, with reference to the approved subdivision improvement plans;

2.    Time limit for construction. The period within which all required improvements will be completed to the satisfaction of the City Engineer;

3.    Completion by City. Provide that if the subdivider fails to complete all required improvements within the specified time, the City may elect to complete the improvements and recover the full cost and expenses thereof from the subdivider or the surety, including any attorney and legal fees associated with enforcement of the agreement;

4.    Surety requirement. Require the subdivider to secure the agreement by furnishing security to insure full and faithful performance and to insure payment to laborers and material suppliers, as specified in Subsection B. The amount of surety shall be based on an engineer’s cost estimate submitted by the subdivider and approved by the City Engineer. The total cost of improvements to be guaranteed shall be as provided in the approved engineer’s cost estimate; and

5.    Phased construction. Provisions for the construction of improvements in units, at the option of the subdivider.

B.    Security required to guarantee improvements. A subdivision improvement agreement or a subdivision road maintenance and repair agreement shall be secured by adequate surety in a form approved as to form and sufficiency by the City Attorney, as follows:

1.    Type of security. Improvement security shall be in the amount set forth or authorized in Map Act Section 66499.3.

a.    If the security is other than a bond or bonds furnished by a duly authorized corporate surety, an additional amount shall be included as determined by the Council as necessary to cover the cost and reasonable attorney’s fees, which may be incurred by the City in successfully enforcing the obligation secured.

b.    The security shall also secure the faithful performance of any changes or alterations in the work, to the extent that such changes or alterations do not exceed 10 percent of the original estimated cost of the improvement.

2.    Form of security. The required surety shall consist of one or more of the following forms selected by the City Engineer for the full amounts specified in Subsection B.1 above.

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

c.    An instrument of credit from an agency of the state, federal, or local government when any said agency 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 pledging that funds necessary to carry out the act or agreement are on deposit and guaranteed for payment; or a letter of credit issued by such a financial institution;

d.    A lien upon the property to be divided, created by contract between the owner and the City, where the review authority 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, or

e.    Any form of security, including security interests in real property, which is acceptable to the local agency.

C.    Time extensions. An extension of time for completion of improvements under a subdivision improvement agreement shall be granted by the Council only as follows:

1.    Public Works report. The City Engineer notifies the Council that either the subdivider is proceeding to do the work required with reasonable diligence or is not yet ready to develop the subdivision, and has given satisfactory evidence of being able and willing to complete all required work within the time of the requested extension.

2.    Agreement by sureties. The sureties agree in writing to extend for the additional period of time at the original amount of the bond or other surety, or if recommended by the City Engineer, at an increased amount.

3.    Council action. As a condition of granting a time extension, the Council may impose whatever additional requirements the Council deems reasonable to protect the public interest.

D.    Acceptance of improvements. Before acceptance for maintenance or final approval by the Council of subdivision improvements, the City Engineer shall verify that the improvement work has been completed in substantial compliance with the approved plans and specifications.

9.88.080 Soils Reports

Soils reports shall be provided by the subdivider as required by this Section.

A.    Preliminary soils report. A preliminary soils report based upon adequate test borings and prepared by a registered civil engineer shall be required for every subdivision. The preliminary soils report shall be submitted with the Tentative Map application.

1.    Form of report. A preliminary soils report may be divided into two parts:

a.    Soils reconnaissance. The soil reconnaissance shall include a complete description of the site based on a field investigation of soils matters. The soils matters reviewed shall include stability, erosion, settlement, feasibility of construction of the proposed improvements, description of soils related hazards and problems and proposed methods of eliminating or reducing these hazards and problems; and

b.    Soils investigation and report. This investigation and report shall include field investigation and laboratory tests with detailed information and recommendations relative to all aspects of grading, filling and other earthwork, foundation design, pavement design and subsurface drainage.

The report shall also recommend any required corrective action for the purpose of preventing structural damage to subdivision improvements and the structures to be constructed on the lots. The report shall also recommend any special precautions required for erosion control, and the prevention of sedimentation or damage to off-site property.

If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects or environmental impacts, a subsequent soils investigation of each parcel in the subdivision may be required and shall be submitted to and approved by the City Engineer and/or Building Official before approval of a Parcel or Final Map.

2.    Preliminary soils report waiver. The preliminary soils report may be waived if the City Engineer and/or Building Official determines that existing available information on the qualities of the soils of the subdivision makes no preliminary analysis necessary.

B.    Final soils report. A final soils report prepared by a registered civil engineer shall be required where a preliminary soils report was required, unless the final report is waived by the City Engineer and/or Building Official.

1.    Two copies of the final soils investigation and report shall be filed with the improvement plans.

2.    The report shall contain sufficient information to ensure compliance with all recommendations of the preliminary soils report and the specifications for the project.

3.    The report shall also contain information relative to soils conditions encountered which differed from that described in the preliminary soils reports, along with any corrections, additions or modifications not shown on the approved plans.

C.    Geologic investigation and report. If the City Engineer and/or Building Official determines that conditions warrant, a geologic investigation and report may also be required.