Chapter 16.32
SUBDIVISION IMPROVEMENTS, DEDICATIONS, AND IN-LIEU FEES
Sections:
16.32.040 Reservations for other public uses.
16.32.050 Pedestrian and bicycle paths.
16.32.060 Local transit facilities.
16.32.070 Bridges and major thoroughfares.
16.32.080 Groundwater recharge.
16.32.090 Soil and geological hazard reports.
16.32.110 Grading and erosion control.
16.32.130 Assessment districts.
16.32.140 Community facilities districts.
Prior legislation: Ord. 82-1 and prior code § 9-10.
16.32.010 Park land.
A. Purpose. This section is enacted pursuant to the authority granted by the Subdivision Map Act and the general police power of the city and is for the purpose of providing such additional park and recreational facilities and open space as appropriate pursuant to the general plan of the city. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this section are in accordance with the policies, principles, and standards for park and recreational facilities contained in the general plan and any parks master plan.
B. Definitions. For the purpose of this chapter, “park or recreational purposes” consists of land and facilities that fall into one of the park categories described in the conservation and open space element of the general plan as well as those designed for recreational community gardening, which consists of the cultivation by persons other than, or in addition to, the owner of such land, of plant material not for sale.
C. Requirements. As a condition of approval of a tentative map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city council, for park or recreational purposes at the time and according to the standards and formulas contained in this chapter. The land dedicated or the fees paid, or both, shall be used for community and neighborhood parks and recreational facilities in such a manner that the locations of such facilities bear a reasonable relationship to the use of these facilities by the future inhabitants of the subdivision generating such dedication or fees, or both.
D. Land Dedication and Fees for Subdivisions of More Than 50 Dwelling Units. Park land shall be dedicated or fees paid in lieu of dedication for subdivisions of more than 50 dwelling units according to the following requirements:
1. Where a park or recreational facility has been designated in the general plan or any parks master plan and is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the present and future needs of the residents of the subdivision, the subdivider shall dedicate land for park or recreational purposes according to the formula in subsection G of this section.
2. Where no park or recreational facility is designated in the general plan or any parks master plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, according to the city council’s discretion, either dedicate land in the amount provided in subsection G of this section, or pay a fee in lieu of dedication as described in subsection H of this section. The subdivider may choose to purchase land outside of the subdivision if the land is acceptable to the city council and meets all the requirements of this chapter.
3. When only a portion of the land to be subdivided is proposed in the general plan as the site for a park or recreational facility, such portion shall be dedicated for park or recreational purposes as provided in subsection G of this section, and a fee computed pursuant to subsection H of this section shall be paid toward the costs of off-site improvements, which would otherwise have been required to be dedicated pursuant to subsection G of this section.
4. When a major part of a park or recreational site has already been acquired by the city and only a small portion of land is needed from the subdivision to complete the site, such portion shall be dedicated as provided in subsection G of this section, and a fee computed pursuant to subsection H of this section shall be paid for the improvement of the existing park or recreational facility or for the improvement of other neighborhood or community parks and recreational facilities reasonably related to serving the subdivision.
E. Land Dedication and Fees for Subdivisions of 50 Dwelling Units or Fewer. No dedication of land shall be required for proposed subdivisions containing 50 parcels or less, unless the subdivider submits more than one application for adjacent portions of the same parcel within a five-year period, in which case they shall be required to dedicate land subject to subsection G of this section. Proposed subdivisions containing 50 parcels or less shall only be required to pay the fees required pursuant to subsection H of this section. However, nothing in this section shall prohibit the dedication and acceptance of land for park or recreational purposes in subdivisions of 50 or fewer dwelling units, where the subdivider proposes such dedication voluntarily and the land is acceptable to the planning officer as prescribed in subsection G of this section.
F. The subdivider shall, without credit, provide the following improvements:
1. Full street improvements and utility connections including, but not limited to, curbs, gutters, street paving, traffic-control devices, street trees, and sidewalks to land which is dedicated pursuant to this section;
2. Fencing along the property line of that portion of the subdivision contiguous to the dedicated land;
3. Improved drainage through the site; and
4. Other minimal improvements which the city council determines to be essential to the acceptance of the land for park or recreational purposes.
G. Amount and Type of Land to Be Dedicated.
1. In accordance with Section 66477 of the Subdivision Map Act, the subdivider shall dedicate to the city five acres of park land per 1,000 residents who will occupy land within the subdivision. This requirement is based on the results of the 2000 United States Census, which found that the city had 3,980 residents and 1,252 dwelling units, or an average of 3.17 persons per dwelling unit. In 2000, the city had 31.9 acres of parks and other recreational facilities, or eight acres per 1,000 residents; however, Section 66477 of the Subdivision Map Act restricts park land dedication requirements to no more than five acres per 1,000 residents. The city will assume that the average number of persons per dwelling unit will be the same as that in the 2000 United States Census, unless the subdivider provides persuasive information to the contrary.
2. The land to be dedicated and improvements to be made pursuant to this section shall be approved by the planning officer. Land to be dedicated shall be suitable, in the opinion of the planning officer, in location, topography, environmental characteristics, and development potential as related to the intended use. The primary intent of this section shall be construed to provide the land for functional recreation units of local or neighborhood service, including, but not limited to, tot lots, play lots, playgrounds, neighborhood parks, playfields, community or district parks, and other specialized recreational facilities that may serve the family group and also senior citizen activities. Principal consideration shall be given to lands that offer:
a. A variety of recreational potential for all age groups;
b. Recreational opportunities within walking distance from residents’ homes;
c. Possibility for expansion or connection with school grounds;
d. Integration with hiking, riding and bicycle trails, natural stream reserves and other open space;
e. Coordination with all other park systems;
f. Access to at least one existing or proposed public street; and
g. Access to local groundwater for irrigation of park landscaping.
3. Stormwater basins will not count for park dedication purposes. However, stormwater basins abutting park land are highly desirable.
H. Amount of Fee in Lieu of Land Dedication. When a fee is to be paid in lieu of land dedication, the amount of such fee shall be based upon the estimated fair market value at the time of final map approval of the land which would otherwise be required for dedication pursuant to subsection G of this section, plus 20 percent toward the costs of off-site improvements. Fees to be collected pursuant to this section shall be approved by the planning officer.
I. Determination of Fair Market Value. The fair market value of land shall be determined by the city with a written appraisal prepared and signed by a qualified real estate appraiser acceptable to the city. The appraisal shall be made immediately prior to the filing of the final map or the parcel map. The subdivider shall notify the city of the expected filing date at least six weeks prior to the filing of the final map or parcel map. If more than six months elapses between the preparation of the appraisal and the filing of the final map or parcel map, the city shall cause a new appraisal to be prepared. All costs associated with obtaining the appraisal and the reappraisal, if necessary, shall be borne by the subdivider. For the purposes of determining fair market value pursuant to this section, the appraiser shall consider, but not be limited to, the following:
1. Conditions of approval of the tentative map;
2. General plan and zoning requirements for the area;
3. Location and site characteristics of the property; and
4. Off-site and on-site improvements necessary to facilitate use of the property.
If the subdivider objects to the determined fair market value, he or she may appeal to the city council.
J. Determination of Land or Fee. Whether the city council accepts land dedication or elects to require the payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:
1. Policies, standards, and principles for park and recreation facilities in the general plan and any parks master plan;
2. Topography, geology, access, and location of land in the subdivision available for dedication;
3. Size and shape of the subdivision and land available for dedication;
4. Feasibility of dedication;
5. Compatibility of dedication with the general plan; and
6. Availability of previously acquired park property.
The determination of the city council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.
K. Credit for Improvements and Private Open Space. If the subdivider provides park or recreational improvements to the dedicated land, as approved by the city council, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this chapter.
No credit shall be given for private open space in any subdivision, except as provided in this subsection. Where private open space usable for active recreational purposes is provided for within a common interest development, as defined in Section 1351 of the Civil Code, partial credit, not to exceed 50 percent, shall be given for the value of such private open space against the amount of land required to be dedicated, or the amount of the fees imposed in lieu thereof, if the city council finds and determines that it is in the public interest to do so and that all of the following standards are met:
1. Yards, court areas, setbacks, and other open areas required by the zoning and building ordinances and regulations shall not be included in the computation of such private open space.
2. Private park and recreational facilities shall be owned by a homeowners’ association which is composed of all property owners in the subdivision, is an incorporated nonprofit organization capable of dissolution only by a 100-percent affirmative vote of the membership, operates under recorded land agreements through which each lot owner in the neighborhood is automatically a member, and assesses each lot a charge for a proportionate share of expenses for maintaining the facilities.
3. Use of the private open space is restricted for park and recreation purposes by a recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the city or its successor.
4. The proposed private open space is reasonably adaptable for use for park or recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location.
5. Facilities proposed for the open space are in substantial accordance with the provisions of the general plan.
6. The open space for which credit is given is generally a minimum of three acres and provides all of the local park basic elements listed below, or a combination of such other recreational improvements that will meet the specific recreational needs of future residents of the area:
a. Recreational open spaces, which are generally defined as park areas for active recreational pursuits such as soccer, golf, baseball, softball, and football, and have at least one acre of maintained turf with less than five percent slope;
b. Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts, or similar hard-surfaced areas especially designed and exclusively used for court games;
c. Recreational swimming areas, which are generally defined as fenced areas devoted primarily to swimming, diving, or both. They must also include decks, lawned area, bathhouses, or other facilities developed and used exclusively for swimming and diving, and consisting of no less than 15 square feet of water surface area for each three percent of the population of the subdivision with a minimum of 800 square feet of water surface area per pool, together with an adjacent deck and/or lawn area twice that of the pool; and
d. Recreational buildings and facilities designed and used primarily for the recreational needs of residents of the development.
The determination of the city council as to whether credit shall be given and the amount of credit given shall be final and conclusive.
L. Procedure.
1. At the time of approval or conditional approval of the tentative map, the city council shall determine whether land, in-lieu fees, or a combination of land and fees, shall be dedicated and/or paid by the subdivider. If the city council requires payment of an in-lieu fee by the subdivider, it shall set the amount of land upon which the in-lieu fee shall be based at the time of final map or parcel map approval. If the city council requires the dedication of land by the subdivider, it shall accept, accept subject to improvement, or reject any offer of dedication at the time of final map or parcel map approval.
2. At the time of the recording of the final map or parcel map, the subdivider shall dedicate the land and/or pay the fees as determined by the city council. At the discretion of the city, fees may be paid prior to issuance of any building permit for any structure in the subdivision.
3. Open space covenants, conditions, and restrictions for private park or recreational facilities shall be recorded concurrently with the final map or parcel map.
M. Disposition of Fees.
1. Fees determined pursuant to subsection H of this section shall be paid to the city treasurer and shall be deposited into the subdivision park trust fund or its successor. Money in such fund, including accrued interest, shall be expended solely for the acquisition or development of park land or improvements related thereto, in accordance with this chapter.
2. Collected fees shall be committed within five years after payment thereof or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later.
If such fees are not committed, they, without any deductions, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in the subdivision.
3. The city treasurer shall report to the city council at least once annually on the income, expenditures, and status of the subdivision park trust fund.
N. Schedule of Use. At the time of the approval of the final map or parcel map, the city shall develop a schedule specifying how, when, and where it will use the land or fees, or both, to develop or rehabilitate park or recreational facilities to serve the residents of the subdivision.
O. Exemptions. The provisions of this chapter shall not apply to any of the following:
1. Subdivisions which contain less than five parcels and are not used for residential purposes, provided a condition shall be placed on the approval of the parcel map for any such subdivision that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the fee otherwise due pursuant to this chapter shall be required to be paid by the owner of such parcel as a condition to the issuance of such permit.
2. Commercial or industrial subdivisions.
3. Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added.
P. Access. All land offered for dedication to park or recreational purposes shall have access to at least one existing or proposed public street. This requirement may be waived by the city council if it determines that public street access is unnecessary for the maintenance of the park or recreational area or use thereof by residents.
Q. Sale of Dedicated Land. If, during the time period between the dedication of land for park or recreational purposes and the commencement of first-stage development, circumstances arise which would indicate that another site would be more suitable for serving the subdivision and the neighborhood (such as receipt of a gift of additional park land), the land may be sold upon the approval of the city council with the resultant funds being used for the purchase or development of a more suitable site. (Ord. 08-05 § 1, 2008)
16.32.020 School dedication.
A. Purpose. Whenever there is consideration of an area for a public school site within a subdivision, the city shall notify the affected school districts and the State Department of Education, in writing, of the proposed site. The notification shall include the identification of any existing or proposed airport runways within the distance specified in Section 17215 of the Education Code.
B. Standards. As a condition of approval of a tentative or vesting tentative map, and as allowed by state law, a subdivider who develops or completes the development of one or more subdivisions within the elementary school districts serving said subdivision shall dedicate to the school district (in the manner specified in this section) such lands as the city council deems necessary, for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate public school service.
C. Consistency with General Plan. School sites offered for dedication in the general location shall conform to the policies in the general plan or relevant specific plans and the requirements of the school district.
D. Timing. The requirement of dedication shall be imposed at the time of approval of the tentative or vesting tentative map. If, within 30 days after the requirement of dedication is imposed by the city, elementary school districts do not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to 60 days after the filing of the final map on any portion of the subdivision.
E. Repayment of Costs. The school district shall, if it accepts the dedication, repay to the subdivider or his or her successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:
1. The cost of any improvements to the dedicated lands since acquisition by the subdivider;
2. The taxes assessed against the dedicated land from the date of the school district’s offer to enter into the binding commitment to accept the dedication; and
3. Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.
F. Exception. The dedication requirements of this section shall not apply to a subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the tentative map. (Ord. 08-05 § 1, 2008)
16.32.030 Street dedication.
A. Purpose. In order to meet the city’s transportation goals as described in the general plan circulation element, as a condition of approval of a map or the approval of any site development plan, the subdivider/developer shall dedicate or make an irrevocable offer of dedication of all parcels or land within the subdivision or site that are needed for streets and alleys.
B. Right-of-Way. Street dedications shall include the full right-of-way required for the functional classification of roadway as described in the general plan circulation element, street master plan and HMC 16.28.020(B).
C. Termination. Offers of dedication may be terminated as described in Section 66477.2 of the Subdivision Map Act. (Ord. 08-05 § 1, 2008)
16.32.040 Reservations for other public uses.
In addition to the dedications for specific public uses that this chapter requires, the subdivider shall reserve land within the subdivision for wells, fire stations, libraries, or other public uses, consistent with the general plan, master plans and applicable specific plans; provided, that:
A. Balance. The reserved area is of a size and shape that permits the balance of the property within which the reservation is located to develop in an orderly and efficient manner;
B. Feasibility of Development. The amount of land reserved will not make development of the remaining land held by the subdivider economically infeasible; and
C. Consistency with General Plan. The reserved area shall conform to the general plan, master plans or an applicable specific plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period. In such an event, the subdivider shall make those changes that are necessary to permit the reserved area to be developed for the intended purpose, consistent with good subdividing practices. (Ord. 08-05 § 1, 2008)
16.32.050 Pedestrian and bicycle paths.
A. Dedication for Bikeways and Pedestrian Trails. Whenever a subdivider is required to dedicate roadways to the public, a dedication of land may be required to provide bikeways and pedestrian paths for the use and safety of the residents of the subdivision, or to provide bikeways and pedestrian paths as shown in the circulation element of the general plan, a bicycle or pedestrian master plan adopted pursuant to the general plan, or an applicable specific plan.
B. Required Functions. Bikeways and pedestrian paths may be required:
1. To connect a cul-de-sac with another street; or
2. To provide access to parks, schools or similar facilities, in which case the path shall be dedicated to and maintained by the agency served.
C. Required Characteristics. The bikeways shall meet the requirements of the circulation element of the general plan and any bicycle master plan.
D. Termination. Rejected offers of dedication may be terminated as described in Section 66477.2 of the Subdivision Map Act. (Ord. 08-05 § 1, 2008)
16.32.060 Local transit facilities.
A. Purpose. In order to provide adequate local transit facilities, whenever a subdivider is required to dedicate roadways to the public, a dedication of land shall be required for local transit facilities such as bus turnouts, benches, shelters, landing pads, and similar items that directly benefit the residents of the subdivision, as required by the planning officer and as described in the Circulation Element of the general plan or an applicable specific plan.
B. In-Lieu Fees. Fees may be paid in lieu of dedication of land for the purposes of local transit in the case of subdivisions that consist of the subdivision of airspace in existing buildings into condominium projects, stock cooperatives, or community apartment projects.
C. Termination. Rejected offers of dedication may be terminated as described in Section 66477.2 of the Subdivision Map Act. (Ord. 08-05 § 1, 2008)
16.32.070 Bridges and major thoroughfares.
Pursuant to Section 66484 of the Subdivision Map Act, subdivider shall pay fees for purposes of defraying the actual or estimated cost of constructing bridges or other major thoroughfares. The city council shall establish procedures and standards for determining the appropriate fees. (Ord. 08-05 § 1, 2008)
16.32.080 Groundwater recharge.
Pursuant to Section 66484.5 of the Subdivision Map Act, subdivider shall pay fees for purposes of constructing recharge facilities for the replenishment of the underground water supply in that area of benefit. The city council shall establish procedures and standards for determining the appropriate fees. (Ord. 08-05 § 1, 2008)
16.32.090 Soil and geological hazard reports.
Soil and geological hazard reports shall be provided as follows for all subdivisions:
A. Soil Reports.
1. Prior to the submission of a tentative map, the subdivider shall file a preliminary soil report with the planning officer. The report shall be prepared by a civil engineer who is registered by the state of California and shall be based upon adequate test borings or excavations in the subdivision. The preliminary soil report may be waived if the planning officer determines that, based on existing knowledge of the soil qualities of the subdivision, no preliminary analysis is necessary. The determination shall be in writing and shall be made part of the data accompanying the final map.
2. A qualified civil or geotechnical engineer who is registered by the state of California shall prepare a soil investigation of each parcel in the subdivision if the preliminary soil report indicates the presence of any of the following problems:
a. Critically expansive soils or other soil problems that, if not corrected, would lead to structural defects; or
b. Rocks or liquids containing deleterious chemicals that, if not corrected, could cause construction materials such as concrete, steel, and ductite or cast iron, to corrode or deteriorate.
3. The soil investigation shall recommend corrective action that is likely to prevent structural damage to each building proposed to be constructed in the area where the soil problem exists. The soil investigation shall be filed with the planning officer.
4. The city engineer shall approve the soil investigation if he or she determines that the recommended corrective action is likely to prevent structural damage to each building to be constructed in the area where the soil problem exists. The subdivider may appeal the city engineer’s determination to the city council, as provided in HMC 16.04.120. Subsequent building permits shall be conditioned upon the incorporation of the recommended corrective action in the construction of each building.
B. Geological Hazard Reports.
1. Prior to the submission of a tentative map, the subdivider shall provide a geological hazard report if the subdivision includes land within a geologic hazard area, as identified in the general plan or if the city engineer determines that other geological conditions warrant the preparation of such a report. The report shall be prepared by a civil engineer who is registered by the state of California and shall be based upon appropriate field observations.
2. If the geological hazard report indicates the presence of a potential geological hazard to life, health or property, a qualified civil or geotechnical engineer who is registered by the state of California shall prepare a geological mitigation plan that identifies corrective action for the potential hazard. The geological mitigation plan shall be filed with the city engineer.
3. The city engineer shall approve the mitigation plan if he or she determines that the recommended corrective action is likely to mitigate the potential hazard. The subdivider may appeal the city engineer’s determination to the city council, as provided in HMC 16.04.120. Subsequent building permits shall be conditioned upon the incorporation of the recommended corrective action in the construction of each building. (Ord. 08-05 § 1, 2008)
16.32.100 Monuments.
A. At the time of making the survey for the final map, the subdivider’s engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey.
B. All monuments necessary to establish the exterior boundaries of the subdivision shall be set or referenced prior to recordation of the final map. (Ord. 08-05 § 1, 2008)
16.32.110 Grading and erosion control.
All grading in a subdivision shall comply with the requirements of HMC 17.03.036 and any other ordinances or resolutions regulating the grading of land in the city. (Ord. 08-05 § 1, 2008)
16.32.120 Improvement plans.
Following approval of a tentative or vesting tentative map, and prior to the submission of any final map or parcel map therefor, the subdivider/developer shall have prepared and submitted complete sets of improved plans and cost estimates for any improvement(s) required. The approval of said plans by the planning officer shall be a prerequisite to the approval of the final map or parcel map by the city council, and in the case of a site development only, shall be prerequisite to issuance of any building permit.
A. Application Requirements. The improvement plans shall be prepared by or under the direction of a civil engineer licensed by the state and shall show the complete plans, profiles, and details for all streets and appurtenances, storm drainage, water systems and fire hydrants, sewers, utilities, grading and all other improvements proposed or necessary, on site and off site. They shall meet all the requirements deemed necessary by the planning officer.
B. Application Review Process.
1. Review and Revisions. Upon receipt of a complete set of improvement plans, the planning officer shall expeditiously review the plans and return one set to the subdivider/developer’s engineer with the required revisions, if any, marked thereon.
2. When the plans are found to be complete and satisfactory to the planning officer, the subdivider/developer shall submit three complete sets of prints and one complete set of transparent vellums thereof for use by the planning officer, and the prints shall at the time be accompanied by any additional number of complete sets of prints the subdivider/developer, his or her engineer and contractors may require, to be noted as approved by the city engineer.
C. Approval by Planning Officer. Upon finding that all required revisions have been made; that all required fees have been paid; and that the plans conform to all applicable city ordinances, design review requirements, and conditions of approval of the tentative map, the planning officer shall approve the improvement plans:
1. The planning officer shall act within 60 days of receiving the preliminary improvement plans and calculations, except that at least 15 days shall be provided for processing any resubmitted improvement plan. The period of 60 days shall not include any days during which the improvement plan has been returned to the subdivider for corrections or has been subject to review by any party other than the city or a private entity contracted by the city.
2. The planning officer’s approval of improvement plans shall not relieve the subdivider of responsibility for the design of the improvements and for any deficiencies in the improvements.
D. Permit Required. The subdivider/developer shall not commence construction on any portion of improvements prior to the issuance of an encroachment permit and payment of construction inspection fees, and the city public works department shall be notified in advance of commencement of any portion of the work, as required by the city’s improvement standards and specifications or any other applicable city requirements.
E. Construction of Improvements.
1. All construction methods and materials for improvements shall conform to the approved improvement plans, the requirements of the applicable construction permit, and any other applicable city requirements.
2. All construction of improvements is subject to inspection by the planning officer. The subdivider shall notify the city engineer before beginning the construction of any improvements as required by the city’s improvement standards and specifications or any other applicable city requirements. The city personnel shall have full access to the improvement work at all times during its construction.
F. Completion of Improvements.
1. If a subdivider files a final subdivision map before all improvements are complete, the city council and the subdivider shall enter into a subdivision improvement agreement as a condition precedent to approval of the final map. The subdivision improvement agreement shall be in a form approved by the city attorney and subject to a fee established by resolution of the city council, and it shall include all of the following:
a. A list of the improvements that have not been completed;
b. A schedule for completing the improvements; and
c. A requirement that the improvements be completed at the subdivider’s expense.
2. If the subdivider fails to complete the improvements within the period of time required by the subdivision improvement agreement, the city council may, by resolution, cause all required improvements to be completed, and the parties executing the security for improvements shall be firmly bound for all costs of completing the improvements.
G. Inspection of Improvements.
1. Upon completion of the subdivision improvements, the subdivider shall apply in writing to the city engineer for preliminary final inspection. The city engineer shall conduct a preliminary final inspection and prepare a deficiency list, noting all additional work to be performed and deficiencies in existing work to be corrected. The city engineer shall provide a copy of the deficiency list to the subdivider. If there are an excessive number of deficiencies or missing improvements, the city engineer may choose to postpone the inspection.
2. After the subdivider has corrected all of the items on the deficiency list, the subdivider shall apply to the city engineer for final inspection. The city engineer shall conduct a final inspection and verify that the items on the deficiency list have been corrected. Upon so verifying, and after receiving as-built improvement plans, the city engineer shall accept the improvements and issue a notice of completion to the subdivider.
3. The city engineer’s acceptance of improvements shall not relieve the subdivider of responsibility for correcting any deficiency that subsequently is discovered.
H. Security for Improvements.
1. A security shall be furnished for all improvements shown in the improvement plan, in accordance with the requirements of Sections 66499 through 66499.10 of the Subdivision Map Act and as provided in this section.
2. The security shall be in a form approved by the city attorney and shall be provided as specified in Sections 66499 through 66499.2 of the Subdivision Map Act.
3. The amount of the security shall be:
a. One hundred percent of the total estimated cost of the improvements as a performance security to guarantee the construction or installation of all improvements;
b. One hundred percent of the total estimated cost of the improvements as a material and labor security to guarantee payment to the subdivider’s contractors, and to persons furnishing labor, materials, or equipment for the construction or installation of improvements; and
c. Ten percent of the total estimated cost of the improvements as a warranty security to guarantee the improvements against any defective work or labor done, or defective materials used, in the performance of the improvements, for the warranty period of one year following completion and acceptance of the improvements.
4. The estimate of improvement costs shall be prepared under the direction of and signed by a registered civil engineer licensed by the state of California, and shall be approved by the city engineer. The estimate shall provide for the following:
a. Total construction costs, with labor costs calculated using the prevailing wage in the city;
b. Ten percent of the total construction cost for contingencies;
c. Increases for projected inflation based on total cost, computed to the estimated end of construction;
d. All utility installation costs, or a certification acceptable to the city engineer, from the utility company that adequate security has been deposited to ensure installation; and
e. Costs and reasonable expenses and fees, including attorney’s fees, incurred in enforcing the obligation secured.
5. The security shall be released in accordance with the requirements of Sections 66499.7 of the Government Code and as described below:
a. At such time that the subdivider believes that the obligation to perform the work for which security was required is complete, the subdivider may notify the city engineer in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the city engineer shall have 45 days to review and comment or approve the completion of the required work. If the city engineer does not agree that all work has been completed in accordance with the plans and specifications for the improvements, he or she shall supply a list of all remaining work to be completed.
b. Within 45 days of receipt of the list of remaining work from the city engineer, the subdivider may then provide cost estimates for all remaining work for review and approval by the city engineer. Upon receipt of the cost estimates, the city engineer shall then have 45 days to review, comment, and approve, modify, or disapprove those cost estimates. The city engineer is not required to process a partial release more than once between the start of work and completion and acceptance of all work.
c. If the city engineer approves the cost estimate for the remaining work and finds that the cost of the remaining work does not exceed 20 percent of the total original performance security, the public entity shall release all performance security except for security in an amount up to 200 percent of the cost estimate of the remaining work and any retention to secure guarantee and warranty of the work as set forth in subsection (H)(5)(i) of this section.
d. Substitute bonds or other security may be used as a replacement for the performance security, subject to the approval of the city engineer. If substitute bonds or other security is used as a replacement for the performance security released, the release shall not be effective unless and until the city engineer receives and approves that form of replacement security.
e. A reduction in the performance security, authorized under this section, is not, and shall not be deemed to be, an acceptance by the city of the completed improvements.
f. The subdivider shall complete the works of improvement until all remaining items are accepted by the city engineer.
g. Upon the completion of the improvements, the city engineer shall issue a written statement of completion within 45 days.
h. Any remaining performance security shall be released within 60 days of the issuance of the written statement of completion.
i. The warranty security shall be released to the subdivider one year after completion of the work, or a final inspection indicating that the work is acceptable to the city engineer, or city council resolution accepting the dedication, whichever is later. (Ord. 08-05 § 1, 2008)
16.32.130 Assessment districts.
The subdivider shall either join an existing assessment district, if there is one adjacent to the parcel, or form a new one, as directed by the planning officer if none exists. (Ord. 08-05 § 1, 2008)
16.32.140 Community facilities districts.
The subdivider shall either join an existing community facilities district, if there is one adjacent to the parcel, or form a new one, as directed by the planning officer, if none exists. It is the intent of this section to recover all municipal costs created by the subdivision. Use of this section for subdivision infrastructure bonds is prohibited. (Ord. 13-03 § 2, 2013)