Chapter 16.20
PHYSICAL IMPROVEMENT STANDARDS AND PROCEDURES

Sections:

16.20.010    General requirements.

16.20.020    Required improvements.

16.20.030    Preparation and form of improvement plans.

16.20.040    Grading plan.

16.20.050    Plan check fees.

16.20.060    Commencement of improvements.

16.20.070    Inspection of improvement work.

16.20.080    Coordination of improvement work.

16.20.090    Improvements waived.

16.20.100    Oversizing improvements.

16.20.110    Reimbursement.

16.20.120    Improvement agreement.

16.20.130    Form, filing, and terms of improvement agreement.

16.20.140    Minimum agreement provisions.

16.20.150    Additional agreement provisions.

16.20.160    Improvement security required.

16.20.170    Form, filing, and term of improvement security.

16.20.180    Labor and materials.

16.20.190    Liability for alterations or changes.

16.20.200    Release of improvement security—Assessment district proceedings.

16.20.210    Release of improvement security—Completion of work.

16.20.220    Withholding building permits.

16.20.230    Acceptance of improvements.

16.20.240    Deferral of improvements for parcel maps.

16.20.010 General requirements.

All improvements shall conform to these regulations and the subdivision standards. Improvement plans shall be completed by the subdivider prior to the acceptance of the final map for filing. Improvement work, including grading, shall not be commenced until plans for all such work have been approved by the city community development department in conjunction with the public works department. All improvements shall be constructed under the inspection of and to the satisfaction of the city. Improvements not completed shall be guaranteed or bonded for, prior to filing the final subdivision map.

For remainder parcels, the timing of the payment of fees associated with any deferred improvements is to be treated in the same way as the current law on improvements. However, the deferral of fees does not apply if the designated remainder or omitted parcel is included within the boundaries of a benefit assessment district or community facilities district. (Ord. 1490 § 3 (part), 2006)

16.20.020 Required improvements.

Improvements to be installed by the subdivider, in accordance with the subdivision standards codified in this title, are listed in the city’s engineering standards within the city’s uniform design criteria.

Required improvements may include, but are not limited to:

A. Full-width street improvements by grading, base preparation and paving including curbs, gutters, sidewalks, bike or pedestrian paths and associated landscaping (street trees, parkways and medians). The city may require such improvements on both sides of the street.

B. Bus stops and benches.

C. Storm drainage, erosion and flood-control facilities.

D. Street name signs and other traffic control signs.

E. A water system for domestic service and fire protection shall be provided to each lot of the proposed subdivision. The water system shall include all facilities necessary for the conveyance of water from the nearest point of adequate supply to a meter vault at the front of each lot. For condominium projects, a separate meter shall be provided to each condominium unit, unless an alternative system is approved by the utilities director in conjunction with the community development director, and shall be subject to the following requirements:

1. Each building shall have a separate city water meter.

2. The condominium owners’ association shall be the responsible entity for receiving and paying the city water and sewer bill. The condominium owners shall be jointly and severally responsible for the payment of the city water and sewer bill.

3. Each condominium unit shall have a separate submeter, which will be the property and responsibility of the condominium owners’ association. The condominium owners’ association agreement shall include provisions for the reading of the submeters and the proper division of the city water and sewer bill among the condominium owners.

EXCEPTION: Nonresidential air-space condominiums that have no potential for water use or water using fixtures within the air-space will not be required to have a submeter.

F. A sanitary sewer system shall be provided, including sewer laterals extended to each lot. Condominium units may be allowed to share a common sewer lateral; provided, that it meets city standards and plumbing code requirements. Sewer laterals need not be provided to lots which will be solely in perpetual open space use. All public sewer mains shall be located within a dedicated city street or within a recorded easement of adequate width, as determined by the utilities engineer, and in consideration of the sewer size and depth.

G. Recycled water mains and services may be required, when it is determined that the amount of water needed for irrigation and the project’s proximity to the recycled water distribution system justifies its use. The utilities director has the authority to require the use of recycled water for irrigation and other uses within a development. A project may be required to include recycled water main extensions along and/or through the development when such main line extensions are consistent with the adopted recycled water master plan.

H. Electric power, gas, cable television and telephone services for each lot or condominium unit.

I. Fire hydrants.

J. Streetlights. (Ord. 1501 § 2, 2007)

16.20.030 Preparation and form of improvement plans.

A. Improvement plans shall be prepared by a registered civil engineer and shall show full details of all improvements required to be installed by the provisions of these regulations, and of all other improvements proposed to be installed by the subdivider within any street, alley, pedestrian way, easement or other public area or right-of-way. Full details shall include cross-sections, profiles, estimated costs and specifications. Preliminary plans may be submitted prior to the final plans to allow time for checking and correction.

B. The form, layout, scale and other particulars of the plans, and the number of copies to be provided, shall be in accordance with the requirements of the city public works department. Defined requirements can be found within the city engineering standards, uniform design criteria. (Ord. 1490 § 3 (part), 2006)

16.20.040 Grading plan.

A grading plan and specifications prepared substantially in accordance with the preliminary grading plan approved as part of the approved or conditionally approved tentative map shall be submitted as part of the improvement plans. A permit must be obtained in accordance with the provisions of the grading regulations, as set forth in Chapter 70 in the Appendix of the Uniform Building Code as adopted by the city. (Ord. 1490 § 3 (part), 2006)

16.20.050 Plan check fees.

At the time of the submission of the final improvement plans, the subdivider shall pay a fee for plan checking, in an amount established by resolution of the council. (Ord. 1490 § 3 (part), 2006)

16.20.060 Commencement of improvements.

Prior to the commencement of construction or installation of any improvements within any street, alley, path, easement or other public area or right-of-way, improvement plans shall have been approved by the public works director or designee. (Ord. 1490 § 3 (part), 2006)

16.20.070 Inspection of improvement work.

All improvements shall be constructed under the inspection of the city public works department and the subdivider shall cause all such improvement work to be inspected at all times as the city public works department may establish. The subdivider shall pay an inspection fee in an amount equal to that established by council resolution. (Ord. 1490 § 3 (part), 2006)

16.20.080 Coordination of improvement work.

All work and improvements contemplated by and performed under the provisions of these regulations shall be accomplished so as to coordinate and minimize interference with other private or public development and to minimize its threat to public safety. (Ord. 1490 § 3 (part), 2006)

16.20.090 Improvements waived.

The council may waive all or a portion of the improvements which would otherwise be required if the subdivision map is for the purpose of consolidating existing lots and unsubdivided parcels, eliminating abandoned streets or alleys, or adjusting boundaries, when there is not public need for such improvements. (Ord. 1490 § 3 (part), 2006)

16.20.100 Oversizing improvements.

As a condition of approval of a tentative map, it may be required that improvements installed by the subdivider for the benefit of the subdivision be of a supplemental size, capacity, or number for the benefit of property not within the subdivision, and that the improvement be dedicated to the public. If such condition is imposed, provision for reimbursement to the subdivider, in the manner provided by the Subdivision Map Act, shall be contained in the subdivision improvement agreement entered into pursuant to these regulations prior to any work being undertaken. (Ord. 1490 § 3 (part), 2006)

16.20.110 Reimbursement.

A. Eligibility. Whenever improvements are required to be installed adjacent to property other than that being developed or in greater size or capacity than that required for the development of the property under consideration, the developer of the improvements may be eligible for reimbursement if the following conditions are satisfied:

1. The city and developer agree that the improvements significantly benefit and serve property that is not within the subdivision or site development area;

2. The city and developer enter into a reimbursement agreement in a form approved by the city attorney; and

3. The developer submits evidence of the actual costs of the improvements described in the reimbursement agreement.

a. Evidence shall be provided in the form of receipted bills, canceled checks, or contracts.

b. Evidence shall be submitted within sixty days of the city’s acceptance of the improvements. Failure to timely submit evidence shall void the reimbursement agreement.

B. Conditions of Reimbursement Payments. Whenever property develops where:

1. Improvements have been installed by the developer of an adjoining or nearby property;

2. The improvements directly benefit the property currently being developed;

3. An agreement for reimbursement has been entered into by the city and developer who installed these improvements;

4. Not more than fifteen years have elapsed since the execution of the reimbursement agreement; and

5. The original developer has submitted satisfactory documentation. The city will attempt to collect from the benefiting party, prior to the issuance of the development permits, a prorated share of the documented cost of improvements described in the reimbursement agreement. Reimbursement will be in accordance with Section 66485 et seq. of the Subdivision Map Act as amended from time to time.

C. Payment of Reimbursement.

1. When prorated shares of the cost of improvements are collected from the developers of new projects, the money collected shall be paid in accordance with the terms of the agreement. The city shall not be required to reimburse more money than it actually collects.

2. Reimbursements shall be made only when the city collects money from the developers of new projects, notwithstanding any provision of any law, this code or the reimbursement agreement. Failure or error by the city resulting in funds not being collected will not subject the city to any liability, obligation or debt owed the original developer. (Ord. 1490 § 3 (part), 2006)

16.20.120 Improvement agreement.

If the required improvements are not satisfactorily completed before a final map is filed, the subdivider shall enter into an agreement with the city to make all improvements as may be required upon approval of such map. (Ord. 1490 § 3 (part), 2006)

16.20.130 Form, filing, and terms of improvement agreement.

A. The improvement agreement shall be in writing, shall be approved as to form by the city attorney, and shall be secured and conditioned as provided in this chapter. The agreement shall be recorded simultaneously with the final map.

B. The improvement agreement shall be complete, subject to council approval, and on file with the city public works department before the final map is filed for recording. The term of each improvement agreement filed pursuant to the provisions of this section shall begin on the date of recording and end upon the date of completion of fulfillment of all terms and conditions contained therein to the satisfaction of the council. (Ord. 1490 § 3 (part), 2006)

16.20.140 Minimum agreement provisions.

The agreement shall include the following provisions as minimum terms and conditions:

A. Mutually agreeable terms to complete all required improvements at the subdivider’s expense;

B. A provision that the subdivider shall comply with all requirements of these regulations, of this code, and of other applicable laws, and with all terms and conditions of required improvement permits;

C. A statement indicating a period of time within which the subdivider shall complete all improvement work;

D. A provision that, if the subdivider fails to complete the work within the specified period of time or any extended period of time that may have lawfully been granted to the subdivider, the city may, at its option, complete the required improvement work and the subdivider and his surety shall be firmly bound, under a continuing obligation, for payment of the full cost and expense incurred or expended by the city in completing such work;

E. Provision for the repair and replacement of defective material and workmanship of the improvements by the subdivider for a period of twelve months after the improvements have been accepted by the council; and

F. A provision guaranteeing payment to the city for all engineering and inspection costs and costs not previously paid and all other incidental costs incurred by the city in enforcing the agreement. (Ord. 1490 § 3 (part), 2006)

16.20.150 Additional agreement provisions.

The improvement agreement may also include the following provisions and such other additional terms and conditions as may be required upon approval of the tentative map, or as are determined necessary by the council to carry out the intent and purposes of these regulations:

A. Provision for the repair, at the subdivider’s expense, of any damage to public streets or property which may reasonably be expected to result from operations necessary for subdivision improvements required by these regulations, including the importing or exporting of earth for grading purposes;

B. Mutually agreeable terms to acquire public easements which are outside the boundaries of the subdivision, at the subdivider’s expense;

C. Mutually agreeable terms to improve, at some undetermined future date, easements offered and reserved for future public use at the subdivider’s expense; and providing, that such improvements shall be secured by separate security in the manner prescribed in Section 16.20.170 and further providing that the requirements of this provision shall not delay the release of any other improvement security provided pursuant to Section 16.20.210;

D. Provision for reimbursement to be paid the subdivider under the provisions of the Subdivision Map Act; and

E. A provision that the subdivider shall provide to the city, prior to the filing of the final map, letters from each utility company indicating that such companies have agreed to install, and will so install, the public utilities necessary to serve the subdivision. (Ord. 1490 § 3 (part), 2006)

16.20.160 Improvement security required.

The subdivider shall secure the foregoing improvement agreement in an amount determined by the city engineer to be one hundred percent of the total estimated cost of the improvements and any additional act to be performed by the subdivider under the agreement, and such additional amounts as the council may determine necessary to cover the costs, reasonable expenses and fees including reasonable attorneys’ fees which may be incurred by the city in successfully enforcing the agreement. The requirement of the improvement security shall not be waived under any circumstances. (Ord. 1490 § 3 (part), 2006)

16.20.170 Form, filing, and term of improvement security.

A. The improvement security shall be conditioned upon the faithful performance of the improvement agreement and shall be in one of the forms provided in the Subdivision Map Act. The form shall be the choice of the city in each improvement agreement. (Improvement security for public utility improvements may be in the form of a letter of assurance from the utility.)

B. Improvement security shall be filed with the city public works department, together with the improvement agreement, before the city accepts the final map for filing. The form of the improvement security shall be subject to the approval of the city attorney.

C. The term of the improvement security, filed pursuant to the provisions of this section to secure the faithful performance of the agreement, shall begin on the date of filing and end upon the date of completion or fulfillment of all terms and conditions of the improvement agreement to the satisfaction of the council. (Ord. 1490 § 3 (part), 2006)

16.20.180 Labor and materials.

When the improvement security provided pursuant to Section 16.20.170 is a surety bond, it shall be accompanied by a bond for the security of laborers and materials in an amount not less than fifty percent of the estimated cost of the improvements. When the improvement security is a cash deposit or instrument of credit, such security shall include an additional amount necessary for the protection of laborers and material men but in no event less than fifty percent of the estimated cost of the improvements. Security for one hundred percent of the estimated costs, including a factor for inflationary cost increases, may be required. (Ord. 1490 § 3 (part), 2006)

16.20.190 Liability for alterations or changes.

The liability upon the security given for the faithful performance of the agreement shall include the performance of any changes or alterations in the work; provided, however, that all such changes or alterations do not exceed ten percent of the original estimated cost of the improvement. (Ord. 1490 § 3 (part), 2006)

16.20.200 Release of improvement security—Assessment district proceedings.

If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, upon the furnishing of the contractor of the faithful performance and payment bond required by the special assessment act being used, the improvement security of the subdivider may be reduced by the council by an amount corresponding to the amount of such bonds furnished by the contractor. (Ord. 1490 § 3 (part), 2006)

16.20.210 Release of improvement security—Completion of work.

A. Improvement security may be released upon the final completion and acceptance of the work; provided, however, such release shall not apply to the amount of security deemed necessary by the city public works department for the guarantee and warranty period, nor to costs and reasonable expense fees, including reasonable attorneys’ fees, incurred by the city in enforcing the improvement agreement.

B. The council shall accept and certify the satisfactory completion of improvement work prior to any release of improvement security covering such work. (Ord. 1490 § 3 (part), 2006)

16.20.220 Withholding building permits.

No building permit or similar entitlement of use shall be issued for the development of any lot within a subdivision until all required improvements are substantially completed to the satisfaction of the community development director; provided, however, building permits and entitlements may be issued for the development of a lot designated as a model home site when the community development director determines:

A. The construction of all required improvements has progressed to the extent that completion of and acceptance of the work seems assured to occur within a reasonable period of time; and

B. The development of the model home sites will not conflict with work in progress on the construction of the requirement improvements. (Ord. 1490 § 3 (part), 2006)

16.20.230 Acceptance of improvements.

After the final parcel map or final map has been recorded, all subdivision improvements properly installed in accordance with previously approved plans and specifications shall be accepted by the council and the subdivider and any other person having an interest in such completion shall be notified in writing by the city clerk of acceptance by the council. At the time of acceptance, the city shall assume maintenance of the improvements except as otherwise provided in this chapter, and the city’s standard specifications. (Ord. 1490 § 3 (part), 2006)

16.20.240 Deferral of improvements for parcel maps.

Improvements required for parcel maps need not be completed until a building permit or other entitlement for development of the parcel(s) is granted by the city, unless the community development director finds that completion of improvements is necessary to protect the public health and safety or is a necessary prerequisite to the orderly development of the surrounding area. If these findings are made, the city may require completion of the improvement requirements within a reasonable time following approval of the parcel map and prior to the issuance of permits for development. (Ord. 1490 § 3 (part), 2006)