Chapter 17.78
SUBDIVISION DESIGN AND IMPROVEMENT REQUIREMENTS
Sections:
17.78.020 Applicability of design and improvement standards.
17.78.030 Subdivision design standards.
17.78.040 Site preparation and subdivision construction.
17.78.050 Subdivision improvement requirements.
17.78.070 Installation of improvements.
17.78.080 Improvement agreements and security.
17.78.010 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. (Ord. 766 § 2 Exh. A (part), 2004).
17.78.020 Applicability of design and improvement standards.
The requirements of this chapter apply as follows:
A. Extent of Required Improvements. Each subdivision of four or fewer parcels, and each subdivision of five or more parcels, 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 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 17.71.070 (Tentative map approval or disapproval) of this title, shall be described in conditions of approval adopted for each approved tentative map (Section 17.71.080). 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 Article 6, Chapter 4 of the Map Act.
2. In the event that oversizing is required, the city shall comply with all applicable provisions of Map Act Section 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 17.70.100 (Exceptions to subdivision standards) of this title. (Ord. 766 § 2 Exh. A (part), 2004).
17.78.030 Subdivision design standards.
A. Purpose. This section 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.
B. Applicability. Each subdivision shall be designed in compliance with the standards of this section, except where an exception is granted in compliance with Section 17.70.100 (Exceptions to subdivision standards) of this title.
C. Accessibility. A subdivision of five or more single-family residential parcels shall be designed and constructed so that a minimum of ten percent of the single-family dwellings are one-story. In addition, each of the required one-story dwellings shall include features to enhance disabled accessibility, including wide doors, grab bars, etc., as determined by the review authority; or the applicant shall demonstrate to the review authority that all prospective buyers are offered the installation of those accessibility features as a no-cost option.
D. Density of a Residential Subdivision. The maximum number of dwelling units permitted within a proposed subdivision shall not exceed the density established by the general plan for the site and the maximum number of dwelling units permitted by the applicable zoning district.
E. Environmentally Constrained Sites. Each proposed subdivision shall comply with the requirements of Article 5 (Resource Management), as applicable.
F. Streets and Street Layout. The layout, design, and construction of proposed streets shall comply with the general plan, the street and streetscape standards of Chapter 17.26, the city’s Standard Specifications for Public Improvements, and the energy conservation standards of subsection G of this section.
1. Interconnected Streets. 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.
2. Street Extensions and Stub Streets.
a. Street Extensions. Where a proposed 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.
b. Stub Street Improvements. In the case of stub-end streets extending to the boundary of the property, a barricade, of a design 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 review authority, a temporary connection to another street, or a temporary turnaround, shall be provided by the subdivider.
c. Required Notification. The developer shall pay the cost for the city to install a sign at the location of a future street extension to give notice to future homebuyers that the street will be opened or extended at some time in the future. The sign shall be installed prior to the sale of the first unit within the project.
3. Dead-end Streets. Subdivision design shall not include dead-end streets, except where through streets cannot be provided because of existing development or an environmental feature requiring protection and/or preservation (e.g., a creek channel).
a. An approved dead-end street shall generally be maintained as a private roadway, and shall not be accepted by the city for dedication or maintenance, except for extraordinary circumstances determined by the council, in its sole and absolute discretion.
b. The length of a dead-end street shall not exceed five hundred feet, except that a dead-end street of up to six hundred feet in length may be permitted, provided that it has frontage of no more than sixteen lots.
4. Intersection Design. 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. Street intersections shall be narrowed at each corner with traffic-calming features, in compliance with the city’s Standard Specifications for Public Improvements.
5. Pedestrian Walkways Away from Street Frontages. As part of subdivision approval, 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.
6. 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.
E. Block Design. See Figure 7-1.
1. Block Length. No block face shall exceed a length of five hundred feet. No block perimeter shall exceed two thousand feet.
2. 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.
Figure 1. Block Standards
F. Parcel Design. The size, shape and arrangement of proposed parcels shall comply with this section, and with any general plan policy, specific plan requirement, or other municipal code provision that applies to proposed subdivisions.
1. General Parcel Design Standards.
a. 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.
b. No parcel shall be created that is divided by a city boundary line.
c. No subdivision shall be designed to leave 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.
2. Parcel Area. The minimum area for new parcels shall be as required by Section 17.24.020 (Zoning district subdivision and density standards) of this title except as otherwise provided by this section.
a. 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:
i. A vehicular or nonvehicular access easement through the parcel;
ii. An easement for an open drainage course, whether a ditch, natural channel or floodway;
iii. Other easement restricting the use of the property; or
iv. The “flag pole” (access strip) of a flag lot.
b. Minimum Lot Area Requirements for Common Interest Projects. The minimum lot area requirements of Article 2 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.
3. Dimensions. The dimensions of new parcels shall comply with the applicable provisions of Section 17.24.020 (Zoning district subdivision and density standards) of this title, or as otherwise required by the review authority.
4. Lot Line Orientation. Side lot lines shall be at right angles to the street on straight streets and shall be approximately radial on curved streets.
5. 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 G of this section.
a. Street Frontage Required. Each proposed parcel shall have frontage on a public or private street. 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)(Flag lots) of this section.
b. Double-Frontage Lots. No parcel shall have streets abutting both the front and rear lot lines, except when necessary because of 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.)
Vehicular access onto a double frontage lot shall generally be from the street with the lowest existing and projected traffic volumes, but with each proposed building designed so that its primary facade faces the higher volume street. The review authority may authorize alternative access locations where appropriate because of localized traffic conditions, and/or nearby residential areas that would be adversely affected by increased traffic.
c. Cul-de-sac Parcels. The minimum street frontage width for each parcel on a cul-de-sac street shall be twenty-five feet. The minimum depth of a parcel on a cul-de-sac shall be an average of ninety feet.
d. Flag Lots. Flag lots shall generally not be permitted. A flag lot 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 required minimum lot width. Where allowed, the “flag pole” portion of a flag lot shall have a minimum width of twenty feet; provided that the review authority may require additional width depending upon the length of the flag pole and traffic safety sight distance considerations. No more than two parcels shall be provided access from a single flag pole.
4. Driveway Standards. Proposed parcels shall be designed to accommodate driveways designed in compliance with Section 17.36.100 (Driveways and site access) of this title.
G. 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, as follows:
1. Street Layout. The streets proposed in a subdivision shall be planned in a primarily east-west orientation where feasible.
2. Lot and Building Site Design. Proposed lots shall be designed, where feasible, to provide building sites that permit the orientation of structures in east-west alignment for southern exposure, and to take advantage of existing shade or prevailing breezes.
H. Walled or Gated 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 streets or sidewalks within the development. (Ord. 766 § 2 Exh. A (part), 2004).
17.78.040 Site preparation and subdivision construction.
A. Grading. Prior to the issuance of a building permit, a grading plan prepared and signed by a registered civil engineer shall be submitted to the city engineer. Grading plans shall show the elevations of the natural ground at all lot corners, the finished grade at corners, the finished pad elevation, finished floor elevations, rates and directions of all drainage swales, and finished sidewalk elevations at all front lot lines and existing topographic elevations and drainage direction one hundred feet outside the boundary of proposed project area and/or map.
1. Minimum Slopes. The minimum grade of all drainage swales on lots shall be one-half of one percent.
2. Pad Elevation, Residential. The building pad elevation of residential lots shall be established at a minimum of ten inches above the design sidewalk elevation at the lowest point of the lot. The finished floor elevation of slab floor houses shall be a minimum of sixteen inches above the sidewalk elevation. The pad elevation of all residential lots shall be established at least one foot above the maximum water surface in an adjacent storm drain channel or the ponded surface in an adjacent sump for collection of storm drain waters. An exception may be permitted in the case of a proposed subdivision served by a storm drain pump station.
3. Drainage Plan. No inter-lot or “cross drainage” shall be permitted. Each lot shall drain its own water to a public street, approved public or private drainage facility, or natural drainage course without passing through or across an adjacent lot, except where a legal right exists (e.g., a drainage easement), and is authorized by the city engineer. No lot shall drain water over the bank of a flood control channel.
4. Grading Practices. All grading within the city shall employ the best available management practices, as determined by the city engineer, to minimize erosion and sedimentation, and unnecessary grading. Each building site on sloping parcels shall be individually prepared; no mass grading shall be allowed.
5. Grading Exceptions. Specific exceptions to the above requirements may be authorized at the discretion of the city engineer. Exceptions are to be for an individual lot or at most a tier of lots, and shall not to be construed as extending to an entire subdivision.
6. As-Built Grading Plan. Upon completion of grading operations the owner shall furnish to the city engineer two prints of an as-built grading plan prepared by the owner’s engineer.
B. Erosion and Sediment Control. A proposed subdivision shall be designed so that all grading incorporates appropriate erosion and sediment control measures. (Ord. 766 § 2 Exh. A (part), 2004).
17.78.050 Subdivision improvement requirements.
A. Bicycle Paths. The subdivider shall construct bicycle paths within an approved subdivision as determined by the review authority. In the event that the review authority determines that bicycle path construction within a subdivision would be infeasible or constitute unsound engineering, the review authority may grant the subdivider the option to pay into a bicycle path fund the amount per foot, as determined by the review authority.
B. 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 a master plan for bridge crossings and major thoroughfares by ordinance.
C. Fire Hydrants. The subdivider shall install gate valves, extensions and risers extending thirty inches above the finished grade of the gutter for fire hydrants, of sizes and at locations approved by the fire district.
D. Landscaping. Landscaping shall be provided in compliance with Chapter 17.34 (Landscaping Standards).
E. Monuments. The subdivider shall install monuments in compliance with the requirements of the city engineer, and Map Act Chapter 4, Article 9.
F. 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.
G. 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.
1. Underground Utilities Required. 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 17.44 (Telecommunications Facilities) of this title.
a. When Undergrounding is 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 transformers, pedestal mounted terminal boxes and meter cabinets, and ducts, shall also be located underground or entirely within a building, not located with a right-of-way or required setback.
The subdivider is responsible for complying with the requirements of this section and shall make the necessary arrangements with the affected utility companies for facility installation.
b. Location of Installation. Underground utility lines may be installed within a public or private street right-of-way or along a lot line, subject to appropriate easements being provided if necessary. When installed within a public street right-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.
2. 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.
3. 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.
H. 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.
1. The subdivider shall deposit with the city clerk, in cash, the estimated costs to be incurred by the city in pursuing, or assisting in the applicant’s pursuit of an application for railroad crossings before the Public Utilities Commission.
2. 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.
I. 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. The subdivider shall also pay the city’s required connection fee.
J. Street Lighting. All proposed subdivisions shall provide street lighting facilities designed and constructed in compliance with the city’s improvement standards and specifications. The subdivider shall also pay the street light maintenance and energy fee required by the city.
K. Street Signs and Street Names.
1. Street names. All public and private streets within a proposed subdivision shall be named by the council. Streets shall generally be named for deceased persons who have made a significant contribution to the history of the city. 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 two street name signs in compliance with the city’s improvement standards and specifications at each street intersection; with the signs located on the diagonally opposite sides of the intersection. The subdivider shall provide one street name sign at each “T” intersection.
L. Storm Drainage. Storm water runoff from the subdivision shall be collected and conveyed by an approved storm drain system.
1. The storm drain system shall be designed for ultimate development of the drainage area, and shall comply with any applicable NPDES requirements.
2. 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.
3. Any easement for drainage or flood control shall be improved as specified by the city engineer.
M. 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. (Ord. 766 § 2 Exh. A (part), 2004).
17.78.060 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 of this section, the subdivider shall also submit to the city engineer a detailed cost estimate of all improvements, based on guidelines provided by the city.
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. (Ord. 766 § 2 Exh. A (part), 2004).
17.78.070 Installation of improvements.
Subdivision improvements required as conditions of approval of a tentative map in compliance with this chapter (see Section 17.78.050) 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 17.78.060 of this chapter, and before the approval of a parcel or final map in compliance with Section 17.72.060 (Parcel map approval) or 17.72.100 (Final map approval) of this title, except where:
1. Improvements are deferred in compliance with Section 17.78.080 (Improvement agreements and security) of this chapter; 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;
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 17.78.080 (Improvement agreements and security) of this chapter; 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 which are planned to run across or underneath a street or alley right-of-way 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 or 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. (Ord. 766 § 2 Exh. A (part), 2004).
17.78.080 Improvement agreements and security.
A subdivider may file, and the city may approve, a parcel or final map before completion of all the public, common area, and other 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 on the form provided by 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 compete 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 of this section. The amount of surety shall be based on an engineer’s cost estimate submitted by the subdivider and approved by the city engineer, which covers all public improvements, private improvements for the general use of the lot owners in the subdivision, local neighborhood traffic and drainage. 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 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 ten 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) of this section:
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 monies;
b. A bond or bonds executed by one or more duly authorized corporate sureties;
c. An instrument of credit from an agency of the state, federal, or local government when any such agency provides at least twenty 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. The council approves or denies the extension. 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. (Ord. 766 § 2 Exh. A (part), 2004).
17.78.090 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 before approval of a parcel or final map.
2. Preliminary Soils Report Waiver. The preliminary soils report may be waived if the city engineer 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.
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 determines that conditions warrant, a geologic investigation and report may also be required. (Ord. 766 § 2 Exh. A (part), 2004).