Chapter 6.06
REQUIRED, SUPPLEMENTAL IMPROVEMENTS
Sections:
6.06.010 Required improvements.
6.06.030 Supplemental improvements – Reimbursement agreements.
6.06.040 Improvement security.
6.06.010 Required improvements.
A. Standards and Approval. All improvements hereinafter mentioned shall conform to those required in the “Standard Subdivision Improvement Specifications” prepared by the City Engineer, recommended by the Planning Commission, and adopted by the City Council as standards for the City, and copies of which are on file in the office of the City Clerk.
1. Improvement work shall not be commenced until plans and specifications have been approved by the City Engineer.
2. All improvements shall be constructed under the inspection of and to the approval of the City Engineer or inspector named by the City Council.
3. All underground utilities shall be installed before the construction of streets or alleys and be inspected prior to covering.
4. All homes within new subdivisions shall have front yard landscaping and fencing installed prior to the final building inspection. Front yard landscaping shall include street trees as provided by the City street ordinance and mature lawns equipped with an underground sprinkler system approved by the Director of Public Works. Lawn areas may be seeded as an alternative to the installation of turf grass, provided that the lawn is mature at the time of occupancy. Fencing details and plans shall be approved by the Director of Public Works.
B. General Requirements.
1. Streets and Highways. All streets and highways shall be graded and surfaced to cross-section grades approved by the City Engineer. The subdivider shall improve the extension of all subdivision streets, highways, alleys, and public ways to the intercepting paving line of any City street or County road or State highway.
2. Structures. Structures or conduits shall be installed as deemed necessary by the City Engineer for drainage, access, and/or public safety, such structures or conduits to be placed to grades and to be a design and size approved by the City Engineer.
3. Curbs and Gutters. Curbs and gutters shall be installed on all lots to locations and grades approved by the City Engineer.
4. Sidewalks. Sidewalks shall be installed on all lots to grades, locations, and widths approved by the City Engineer.
5. Sewage Disposal. Sanitary sewer facilities connecting with existing City sewers shall be installed to the property line of each lot. All sewer lines shall be installed to grades, location, design, and sizes approved by the City Engineer.
6. Water. Water mains connecting with existing City mains shall be installed by the subdivider to the requirements of the City.
Should connection to the City water mains not be feasible, the subdivider may provide service by the establishment of a mutual water system in which case, water mains and fire hydrants shall be installed to grade, location, design, and size as approved by the City Engineer.
7. Street Trees. Street trees shall be required; and conform to the Master Street Tree Plan, at the expense of the developer.
8. Railroad Crossings. Provision shall be made for any and all 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 State Public Utilities Commission for the establishment and improvement of such crossing. The cost of such railroad crossing shall be borne by the subdivider.
All streets, sidewalks, curbs, gutters, pavements, sanitary sewer lines, water mains, gas mains, culverts, street name signs, fire hydrants, street lights, trees, drainage structures and other improvements specified herein shall be installed by and at the expense of the subdivider.
9. Utilities. Utility facilities, with connections to each lot within the subdivision, adequate to supply cable television, telephone, electricity, gas and water service to the subdivision, shall be constructed and installed in and for the purpose of supplying cable television, telephone, electricity, gas, sewer, and water service to the subdivision.
Underground Utilities. All of the following existing and proposed facilities within the subdivision shall be placed underground:
Telephone or telegraph.
Electrical distribution for transmission.
Cable television.
Community television distribution or transmission facilities.
Exceptions to the above are as follows:
a. Transformers, pedestal-mounted terminal boxes, meter cabinets and concealed ducts may be situated above ground if they are used solely for the purpose of providing service within subdivisions and are used solely in connection with the underground transmission or distribution lines.
b. Transmission lines supported by metal poles may be situated above the surface of the ground if the voltage carried by such lines is 37.5 KV or more and no distribution line serving the subdivision is connected to or carried on the poles of said 37.5 KV line within the subdivision.
c. Poles supporting street lights and the electrical lines within said poles, may be situated above the surface of the ground.
d. After consideration of the report and recommendation of the Planning Commission, the City Council may waive the requirement of underground utilities, in whole or in part, for industrial subdivisions.
e. In those cases where requirement for underground utilities has been waived, the easements for overhead pole lines shall be provided at the rear of all lots, except where alleys are available, or where the requirement is waived by the City Council.
f. The waiver by the City Council of the requirements of this section for one portion of a subdivision shall not affect the requirements for the balance of that subdivision.
g. Provided, however, that where the rules and regulations of the California Public Utility Commission (PUC) and this section are or shall be in conflict, the rules and regulations of the PUC shall apply.
10. It shall be the responsibility of all subdividers seeking to provide telephone or telegraph service, electrical distribution or transmission service, cable television service or community television distribution or transmission facilities, to make the necessary arrangements with the utility companies involved for the underground installation of pipes, wires and facilities required for said services at subdivider’s expense unless otherwise required by rules, regulations and tariffs on file with the California Public Utilities Commission. In regards to cable television, the subdivider is responsible for and the cost of trenching, necessary substructures, including conduit and pedestals and all extensions of cable television service to the subdivision from existing television trunk lines.
11. All utilities, water lines, sanitary sewers and laterals and storm sewers, when the same are to lie and shall be installed in the paved portion of streets, service roads, alleys or highways or public improvements, shall be constructed prior to the surfacing of public streets, service roads, alleys or highways or public improvements. (Ord. 88-8, 9-13-1988; Ord. 82-6, 12-14-1982; Ord. 77-19, 5-24-1977)
6.06.020 Monuments.
A. At the time of making the survey for the final map, the 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. He shall also set the following additional monuments: Permanent monuments of a type approved by the City Engineer shall be set at all angle points on the exterior boundaries of the subdivision, and at all lot corners, block corners, and intersection of street centerlines. Monuments shall be not less permanent than three-quarter-inch galvanized pipe, 30 inches in length and placed so that the top is not less than one foot below finished grade.
C. Monuments or bench marks used in this subdivision shall be noted on the final map.
D. All monuments necessary to establish the exterior boundaries of the subdivision shall be set or referenced prior to recordation of the final map.
6.06.030 Supplemental improvements – Reimbursement agreements.
A. Supplemental Improvements Required. The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map, and thereafter to dedicate such improvements to the public. However, the subdivider shall be reimbursed for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements pursuant to the provisions of the Subdivision Map Act.
B. Supplemental Improvements – Reimbursement Agreement – Funding Procedures. No charge, area of benefit or local benefit district shall be established unless and until a public hearing in accordance with the provisions of NCC 6.03.040 is held thereon by the City Council, and the City Council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.
In addition to the notice required by NCC 6.03.040, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment roll, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the City Clerk at least 10 days prior to the date established for hearing.
C. Supplemental Improvements – Drainage, Sewerage, Bridges, and Major Thoroughfares. If the City has adopted a local drainage or sanitary sewer plan or map as required for the imposition of fees therefor, as provided in this title, the City may impose a reasonable charge on property within the area benefitted and may provide for the collection of said charge as set forth in this title. The City may enter into reimbursement agreements with the subdivider who constructs said facilities, and the charges collected by the City therefor may be utilized to reimburse the subdivider as set forth herein.
6.06.040 Improvement security.
A. Improvement Security Required. Any improvement agreement, contract or act required or authorized by the Subdivision Map Act, for which security is required, shall be secured in the manner provided for in Section 66499 of the Subdivision Map Act.
B. Improvement Security Amount. The improvement security for faithful performance and for labor and materials shall each be in an amount of 100 percent of the total estimated cost of the improvements. If the improvement 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 City Council as necessary to cover the cost and reasonable expenses and fees, including reasonable attorney’s fees, which may be incurred by the City in successfully enforcing the obligations secured.
The improvement 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.
C. Special Assessment Proceeding, Reduction. In the event the required subdivision improvements are financed and installed pursuant to special assessment proceedings, the subdivider may apply to the City Council for a reduction in the amount of the improvement security required hereunder up to an amount corresponding to the amount of faithful performance and labor and material bonds required by the special assessment act being used. The City Council may grant such reduction if it finds that such bonds have been in fact provided and that the obligations secured thereby are substantially equivalent to that required by this title.
D. Improvement Security Release. The improvement security required hereunder shall be released in the following manner:
1. Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work subject to the provisions of subsection (D)(2) of this section.
2. Security given to secure payment to the contractor, his subcontractors, and to persons furnishing labor, materials, or equipment, may, six months after the completion and acceptance of the act or work, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the City Council to be required to assure the performance of any other obligations secured thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.
3. No security given for the guaranty or warranty of work shall be released until the expiration of the period thereof. (Ord. 77-19, 5-24-1977)