Chapter 16.32
DESIGN STANDARDS AND IMPROVEMENTS

Sections:

16.32.010    Amount of security.

16.32.020    Release of security.

16.32.030    Bonds for repair or reconstruction of defective work.

16.32.040    General requirements.

16.32.050    Lot design.

16.32.060    Circulation and traffic.

16.32.070    Drainage.

16.32.080    Grading.

16.32.090    Landscaping.

16.32.100    Energy conservation.

16.32.110    Fire protection.

16.32.120    Underground utilities.

16.32.130    Scenic areas.

16.32.140    Resource areas.

16.32.150    City water supply.

16.32.160    Sewage disposal.

16.32.170    Minimum subdivision elevation.

16.32.180    Fencing.

16.32.190    Monuments.

16.32.200    Off-site improvements.

16.32.210    Public service facilities.

16.32.220    Soils investigation and geotechnical report requirements.

16.32.230    Construction of improvements—Compliance required.

16.32.240    Improvement drawings and plans.

16.32.250    Revisions to approved plans.

16.32.260    Inspections required.

16.32.270    Deficiency list.

16.32.280    Acceptance of improvements.

16.32.290    Improvement agreements.

16.32.300    Time of completion.

16.32.310    Deferred improvement agreements.

16.32.320    Improvement security.

16.32.010 Amount of security.

Whenever security is required by law, ordinance, rule, regulation, contract or otherwise for construction of public improvements to be dedicated to the city, the improvement security shall be in the amounts and for the following purposes:

A.    An amount determined by the city council, not less than one hundred percent (100%) of the total estimated cost of the improvement, conditioned upon the faithful performance of the required improvements; and

B.    An additional amount determined by the city council, not less than fifty percent (50%) of the total estimated cost of the improvement securing payment to the contractor, his or her subcontractors and the persons renting equipment or furnishing labor or materials to them for the improvement. (Prior code § 2.80)

16.32.020 Release of security.

A.    Improvement security given for faithful performance may, in the city’s discretion, be released upon final completion and acceptance of the work and no partial releases shall be given.

B.    Improvement security securing payment to the contractor, his or her subcontractors and to persons renting equipment or furnishing labor or materials may, in the city’s discretion, six months after the completion and acceptance of the work, be reduced to an amount not less than the total of all claims on which an action has been filed and notice thereof given in writing to the city council, and if there are no actions filed, the improvement security may, in the city’s discretion, be released in full. (Prior code § 2.81)

16.32.030 Bonds for repair or reconstruction of defective work.

Whenever security is required by law, ordinance, rule, regulation, contract or otherwise for repair or reconstruction of defective work on public improvements after completion and acceptance, the improvement security shall be in the amount and for the following purposes: an amount determined by the city council, not less than twenty percent (20%) of the total estimated cost of the improvement, conditioned upon the faithful performance of such repair or reconstruction of defective work. (Prior code § 2.82)

16.32.040 General requirements.

A.    The design and improvement of each subdivision shall comply with the general plan, any applicable specific plan, this title, this code, other city ordinances and resolutions and all city standards and specifications.

B.    The design and improvement of each subdivision shall incorporate all mitigation measures, conditions and requirements identified in the environmental document adopted for the project in any plan prepared for the subdivision pursuant to the conservation and safety and floodplain regulations of the zoning ordinance.

C.    Deed restrictions when required shall run with the land and be enforceable by subsequent owners of property lying within the subdivision. When deemed necessary to effectuate conditions on approved maps, the city shall be named a third party beneficiary of those restrictions and the restrictions shall be filed concurrently with the map and noticed in the owner’s certificate.

D.    To the extent legally feasible, the subdivider shall assure long-term maintenance of the improvements by use of a homeowner’s association, maintenance agreement, participation in established maintenance district, or other similarly enforceable vehicle approved by the city attorney.

E.    No final map or parcel map shall be approved until the subdivider either completes the required improvements or enters into an agreement with the city agreeing to do the work. (Prior code § 25.115)

16.32.050 Lot design.

A.    Minimum lot size, lot width, and depth, shall conform to the standards established by the city’s zoning regulations and other applicable laws and regulations.

B.    Building setback lines shall conform with the standards of the zoning ordinance.

C.    The side lines of lots shall run at right angles to any street upon which the lot faces unless the public works director determines that a variation from this condition will give a better street and lot plan.

D.    Double frontage lots less than two hundred (200) feet in depth shall be avoided except where the planning director finds such lots essential to provide separation of residential developments and traffic arterials or where required by unusual topographic conditions.

E.    Long blocks shall generally be encouraged adjacent to main thoroughfares for the purposes of reducing the number of intersections. (Prior code § 25.116)

16.32.060 Circulation and traffic.

A.    The subdivision shall be consistent in concept, alignment and level of improvement with the circulation element of the general plan, and any applicable specific plan, as well as any street connection policy. Where necessary to ensure traffic safety and ease of circulation, off-site and on-site site traffic control devices and improvements, such as signing, striping, signalization, traffic islands, channelization, access limits and provisions, turn lanes, etc. shall be required. On-site parking shall be required to meet zoning regulations.

B.    Satisfactory access to the subdivision and to each lot shall be provided by public streets meeting all applicable standard specifications. Subdivisions with streets longer than five hundred (500) feet may be required to provide multiple access. Access shall be deemed satisfactory only if it will allow reasonable ingress and egress for emergency vehicles. Private streets shall not normally be permitted. However, in the event a public street is not necessary for future street connections, a private street may be permitted upon a finding by the planning commission or city council that a private street is justified because of the topography or other natural features of the land or because of limitations imposed by adjacent developed property. In such case the subdivider shall be required to provide a feasible method for maintenance of, and parking enforcement on, such private street(s), which shall be subject to the approval of the public works director and city attorney.

C.    All streets shall be designed and constructed to ensure the public health, safety and welfare, and to meet the relevant standards set forth in the public works and fire department specifications, and CalTrans standard specifications. In addition:

1.    Where a subdivision abuts upon a street or highway of importance, the public works director may require parallel service roads and may limit the right of access to the street or highways.

2.    The frontage of each lot shall be improved to its ultimate geometric section to the centerline of the street, including street structure section, curbs, sidewalks, driveway approaches and transitions. Where necessary to provide adequate circulation and safety, two-way traffic flow shall be provided by sufficient pavement construction beyond the centerline of the street.

3.    All streets shall, as far as practicable, be in alignment with existing and adjacent streets by continuation of center lines, or by adjustment by curves, and shall be in general conformity with the plans made for the most advantageous development of the area in which the subdivision lies. Streets shall be required to intersect one another at an angle as near to a right angle as is practicable in each specific case. Where a street joins acreage, provision may be required for adequate street access thereto.

D.    Pedestrian, equestrian and bike paths may be required to provide access to schools, parks, rivers and other public areas, to conform to the general plan or to assure the public health, safety and welfare.

E.    All street names and numbers shall be approved by the fire chief and the public works director. Duplication of existing names shall not be allowed. Streets obviously in alignment with existing streets shall have the same name. Street name signs of an approved type shall be located at all street intersections. Additional regulatory, warning and informational signs shall be installed as required by the public works director.

F.    Unless waived by the planning director, a landscape plan for the public right-of-way, including street trees of an approved type shall be submitted by the subdivider for the approval of the planning director.

G.    All streets shall have adequate street lights installed according to a plan approved by public works director.

H.    Driveways shall be designed and improved in such a way as to preserve the public health, safety and welfare considering such factors as terrain, grade lengths, etc.

I.    Bridges shall be designed and constructed to meet the weight and width requirements of the public works and fire department standards, and applicable CalTrans standards.

J.    Provision shall be made for any and all railroad crossings necessary to provide access to or circulations within the proposed subdivision, including the preparation of all documents necessary for application to the State Public Utilities planning commission for the establishment of a public crossing. All costs necessitated by the establishment and improvement of such crossings shall be borne by the subdivider. (Prior code § 25.117)

16.32.070 Drainage.

A.    Stormwater runoff from the subdivision shall be collected and conveyed by an approved storm drainage system. The storm drainage system shall be designed by a registered civil engineer for ultimate development of the watershed and shall be capable of collecting and conveying runoff generated by a ten (10) year flood. The system shall provide for the protection of abutting and off-site properties that may be adversely affected by any increase in runoff attributed to the development; off-site storm drain improvements may be required to satisfy this requirement. In addition, retention ponds, drainage swales and/or check dams may be required to reduce off-site peak storm flow generated by projects to the historic flow.

B.    Improvements shall be designed to meet the public works standard specifications. Drainage improvements for runoff shall be engineered to minimize erosion through the use of rocked culvert inlets and outfalls, energy reducers, the correct location of culverts, etc. Design features shall include reseeding exposed slopes as well as minimizing the use of artificial slopes. Improvements shall be constructed in accordance with the approved plans and specifications. (Prior code § 25.118)

16.32.080 Grading.

A.    Development shall maximize retention of natural landforms such as rolling hills, ridgetops, areas of extensive vegetation and water courses. Grading shall not produce large flat planes or sharp angles or intersection with the natural terrain. Slopes shall be rounded to blend with existing terrain.

B.    Grading plans shall be required for all subdivisions. When necessary, the plan shall provide for both on-site and off-site grading and shall be submitted as part of the subdivision’s improvement plan. No grading shall be commenced until the tentative map or tentative parcel map has been approved and a grading permit is issued. Issuance of building permits or release of security for improvement agreements may be conditioned upon receipt of approved written assurance by a registered civil engineer that the lot grading and building pad elevations have been done in conformance with the approved plan and/or geotechnical requirements. (Prior code § 25.119)

16.32.090 Landscaping.

A landscaping plan may be required for subdivisions and shall be required for back-on treatment, common or dedicated open space and where necessary to prevent erosion or to replace vegetation lost during construction. In all subdivisions, existing trees shall be preserved where feasible. (Prior code § 25.120)

16.32.100 Energy conservation.

The design of the subdivision shall provide, in accordance with Section 66473.1 of the state Subdivision Map Act and to the extent feasible, for future passive or natural heating or cooling opportunities. (Prior code § 25.121)

16.32.110 Fire protection.

A.    Each subdivision shall provide all necessary protective measures and facilities, such as fire hydrants, and shall be designed in accordance with the city’s standard specifications and the board of fire underwriters. Location of fire hydrants shall be as specified by the fire chief and public works director.

B.    Commercial subdivisions shall provide sufficient water capacity, flow and storage to ensure the protection of the public health, safety and welfare. (Prior code § 25.122)

16.32.120 Underground utilities.

A.    All existing and proposed utilities within the subdivision, including, but not limited to electric, communication and cable television lines, shall be placed underground except:

1.    Facilities exempted by the public utilities planning commission;

2.    Metal poles supporting only street lights;

3.    Surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets and concealed ducts, in commercial or industrial subdivisions only;

4.    Upon approval of the public works director, pedestal-mounted terminal boxes in residential subdivisions.

For the purpose of this section, the subdivision boundary shall be considered to be the centerline of the street or streets adjacent to the subdivision.

B.    No additional poles shall be installed outside of the subdivision in order to comply with this section unless specifically approved by the public works director. This may require undergrounding to the nearest existing poles beyond the subdivision boundaries and/or undergrounding, with the owner’s approval, of existing overhead services to properties on the opposite side of the street.

C.    The city council may waive the undergrounding requirement for existing overhead transmission and distribution lines for tentative maps and the planning commission may waive such requirement for tentative parcel maps upon finding that:

1.    The length of the required undergrounding of existing overhead facilities on peripheral streets is less than two hundred (200) feet; and

2.    It is unlikely that additional undergrounding will occur on adjacent properties within ten (10) years because of the development presently existing on adjacent properties; and

3.    The visual burden of leaving the utilities above ground will be insignificant.

As a condition of such waiver, the city may require that conduits for future undergrounding be included within designated streets within the subdivision. The waiver shall not apply to services to the subdivided property.

D.    The undergrounding of existing overhead transmission and distribution lines in residential subdivisions of four or fewer parcels in which one or more of the proposed parcels have the potential for further subdivision may be deferred by the subdivider upon approval of the public works director until such time that the future subdivision occurs.

E.    Connections for all utility lines placed under streets shall be extended to the right-of-way line and their location shall be marked upon the curb or sidewalk. All such lines shall be installed prior to final street paving. (Prior code § 25.123)

16.32.130 Scenic areas.

In areas such as ridges, hilltops, properties zoned WW, and other scenic areas, development shall ensure adequate mitigation for protection and/or preservation of the scenic resources. Development shall be encouraged to use the form of the land and vegetation to ensure separation of building areas and minimal exposure from roads or other building areas. The use of plantings, generally trees, consistent and compatible with those of the area may be required to mitigate the extent of exposure of the development area in conjunction with land forms, existing vegetation and other features. Screening required for shielding of development areas, not necessarily the immediate house site, shall consist of natural materials of the area, preferably using natural vegetation or land form modification to conform to the natural terrain. (Prior code § 25.124)

16.32.140 Resource areas.

Subdivisions affecting resources described in the general plan, any applicable specific plan, or the zoning ordinance, shall be subject to the following requirements:

A.    Design of projects shall recognize the environmental resource characteristics of the site and be designed in such a manner to allow for the preservation and continued production of the particular resource.

B.    Development shall not adversely affect the natural course of riparian habitat of any intermittent, seasonal, or permanent waterway. Mitigation measures shall be required where development may result in impacts to such areas.

C.    Development shall not adversely affect tidal marshes, freshwater marshes, estuaries, or marine waters. Impact upon these areas by a project shall be mitigated.

D.    Development shall not adversely affect areas identified as significant wildlife habitat, and impacts upon these areas by a project shall be mitigated.

E.    Extensive changes or removal of vegetation shall demonstrate minimal adverse impacts on micro-climate conditions. Erosion protection and vegetation shall be required in the event of vegetation removal.

F.    Whenever significant archeological or paleontological sites may be located within the project area, an appropriate survey by qualified archaeologists shall be made and mitigation measures implemented prior to development of the site.

G.    Development shall not adversely affect the existing volume of any body of water, substantially increase chemical or nutrient pollution, or otherwise contribute to the deterioration of the quality and quantity of water in any body of water.

H.    Where any of the proposed lots adjoins an agricultural pursuit, the city may require an increased building setback line of those lots to protect the agricultural operation and/or residential neighbors.

I.    Development shall not adversely affect any historic site located within the proposed development and impacts shall be mitigated.

J.    A resource management/restoration plan may be required and suggested measures implemented. (Prior code § 25.125)

16.32.150 City water supply.

A.    All new subdivisions, except in areas designated woodlands and watershed in the general plan, shall be required to connect to the city water system. If an auxiliary water supply will also be used, backflow prevention devices shall be installed to isolate the auxiliary supply from the city’s supply. Water service shall be brought to the property line of each lot being served and for residential lots shall be no more than one inch service. Commercial and industrial services shall be no more than two inches for domestic use and six inches for fire protection, unless alternative installation measures are approved by the public works director. A minimum fifteen (15) foot-wide waterline easement is required for all water facilities outside the public street right-of-way.

B.    In the event there is inadequate pressure to serve the subdivision, the subdivider shall install those facilities required to ensure adequate pressure including, but without limitation, pumps, water tanks, hydro-pneumatic tanks, etc., in accordance with the water division’s master plan.

C.    All water mains shall be of C900 PVC CL150 and shall be of no less than eight-inch diameter. The water division may permit six-inch diameter mains in areas where fire hydrants are not required and the water main will not be extended for future use. (Prior code § 25.126)

16.32.160 Sewage disposal.

All new subdivisions shall be required to connect to the city’s sanitary sewer system, except for the following situations;

A.    Single-family residential subdivisions of four parcels or less may utilize a septic disposal system, if approved by the department of environmental health, providing that the minimum parcel size is five acres and the overall density is not greater than one unit per five acres.

B.    Septic tanks shall be installed under inspection by the department of environmental health, in which case a letter shall be submitted by the health officer stating his or her findings and setting forth recommendations on the ultimate subdivision layout.

C.    Areas designated woodlands and watershed in the general plan, upon approval of the city engineer. (Prior code § 25.127)

16.32.170 Minimum subdivision elevation.

No residential lot may be created by subdivision which will be subject to periodic inundation or overflow from storm drainage or floodwaters. The building floor elevations shall be not less than the minimum building floor elevation established by the floodplain regulations of the zoning ordinance. The public works director may require that the top of the curb elevations be designed so as to ensure adequate evacuation of persons by automobile in the event of a one hundred (100) year flood. All elevations shall be referenced to the United States Coast and Geodetic Survey or to elevations established by the public works director. (Prior code § 25.128)

16.32.180 Fencing.

Each parcel or lot within the subdivision that is adjacent to property containing a public facility shall have an approved fence adequate to prevent unauthorized access between the properties. A fence of adequate height shall be constructed by the subdivider along all property lines where a condition hazardous to persons or property may exist. (Prior code § 25.129)

16.32.190 Monuments.

A.    Permanent monuments, constructed in accordance with the standard specifications, shall be installed in all new streets and in existing streets adjacent to subdivisions and as directed by the public works director.

B.    Permanent monuments shall be located on all street intersections and center lines, not more than one thousand (1,000) feet apart on tangents and at all beginnings and ends of curves. If the point of intersection of the tangents of the curb falls within the paved street area, the monument may be located at the intersection in lieu of the beginning and end of the curve. On long curves, monuments shall be located within the paved street area and on a clear line of sight. On streets extended to subdivision boundaries, monuments shall be installed when the length of the street exceeds one hundred fifty (150) feet.

C.    When permanent monuments cannot be located on street center lines due to existing or proposed utilities, they shall be located ten (10) feet south or ten (10) feet west of the above stated center lines, except as follows:

1.    They shall be offset ten (10) feet on the radial line at the beginning and end of the curve.

2.    On long curves, they shall be offset radially within the paved street area, maintaining a clear line of sight.

3.    At the end of a cul-de-sac, they shall be offset ten (10) feet perpendicularly or radially.

4.    At the end of the stub streets, they shall be located at least ten (10) feet from the end of the paved area.

D.    Monuments not less substantial than a three-quarter-inch diameter galvanized iron pipe with a survey tag or other noncorrodable cap permanently attached thereto, not less than thirty (30) inches in length and driven flush with the surface of the ground, shall be set at all angles and curve points on the exterior boundary of the subdivision and as required by the public works director. If monuments are required to be set below the surface of the ground, the depth to the top of the monument shall be stated on the final map. Boundary monuments may be required to be more substantial than the minimum requirements specified in this section due to unusual circumstances, and suitable monuments shall be installed in these cases as directed by the public works director. Concrete monuments, if required, shall be constructed in accordance with the standard specifications without the frame, cover and concrete collar.

E.    The corners of each lot in the subdivision shall be marked in a manner acceptable to the public works director.

F.    No person shall remove or disturb, or cause to be removed or disturbed, any monument, azimuth, reference or witness mark set for the purpose of locating or preserving the lines of any street or subdivision or as a benchmark or as a control monument.

G.    In the event it becomes necessary to remove or disturb a monument, the person so requesting shall first obtain permission in writing from the public works director. (Prior code § 25.130)

16.32.200 Off-site improvements.

If the subdivider is required to construct off-site improvements on land in which neither the subdivider nor the city has sufficient title or interest to allow construction, the city shall, within one hundred twenty (120) days of filing the final or parcel map, acquire the land by negotiation or commence condemnation, pursuant to Government Code Section 66462.5. If the city fails to meet the one-hundred-twenty (120) day time limit, the condition for the construction shall be waived. Prior to approval of the final or parcel map, the city may require the subdivider to enter into a deferred improvement agreement to complete the off-site improvements at the time the city council or planning commission, as the case may be, acquires title or an interest in the land. The subdivider shall pay the cost of acquiring off-site land or an interest in the land required to construct the off-site improvements. (Ord. 02-1 § 14: prior code § 25.131)

16.32.210 Public service facilities.

Where a public service facility such as a fire station, library, police substation, etc., is shown on the general plan or applicable specific plan containing a community facility or public building element, the subdivider shall construct or contribute to the construction of such facility in accordance with the principles and standards contained in the plans or implementing regulations. (Prior code § 25.132)

16.32.220 Soils investigation and geotechnical report requirements.

A.    The soils investigation required by Section 16.16.020 shall include the following:

1.    Field exploration, including test borings and soil samples in sufficient number and extent, in the opinion of the geotechnical engineer, to adequately evaluate the surface and subsurface soil nature, distribution and strength for the development proposed;

2.    Testing of soil samples by an approved testing laboratory to provide the parameters required by the geotechnical engineer to complete the report;

3.    A log of all borings, classifying the soil strata by type and depth, to be included in the report.

B.    The geotechnical report required by Section 16.16.020 shall include the following:

1.    The nature and extent of any seismic or geologic hazard, the effect of the seismic or geologic conditions on the proposed development, and an assessment of the risk such hazards pose the occupants of the proposed project;

2.    An assessment of existing slope stability;

3.    Measures needed to mitigate seismic or geologic hazards and to reduce identified hazards to acceptable risk levels in the opinion of the geotechnical engineer.

Recommendations for grading procedures and design criteria for erosion control and corrective measures shall be included;

4.    Recommendations for site design to minimize seismic or geologic hazards and erosion;

5.    Data regarding the nature, distribution and strength of existing soils, building foundation and roadway design criteria, surface and subsurface drainage criteria and recommended provisions by the geotechnical engineer;

6.    Recommendations for supervision and observation of grading and other recommended construction work;

7.    A plan which shall be drawn to scale, and shall be of sufficient size and clarity to show existing details and the nature and extent of all proposed improvements. The plan shall include the following information:

a.    Name and address of owner,

b.    Name, address, professional status, license number, and phone number of the person who prepared the plan,

c.    Location and assessor’s parcel number of the proposed site,

d.    North arrow, scale and the name and location of the nearest public road intersection,

e.    Existing contours of the site. Contours shall be sufficiently detailed to define the topography over the entire site (generally at two-foot intervals),

f.    Delineation of fault zones, land slides and areas of instability. Delineations of springs or other subsurface water conditions,

g.    Location of any buildings, structures, trees, and other landscape features on the property and the locations of any buildings, structures or trees on adjacent property within fifteen (15) feet of adjoining property lines,

h.    Proposed measures to mitigate any seismic or geologic hazards including building setbacks, foundations, surface and subsurface drainage devices, grading, erosion control, retaining walls, special construction techniques, etc.,

i.    Phasing of proposed work, as appropriate;

8.    A statement by the engineer regarding the suitability of the subdivision design for the site.

C.    The geotechnical engineer shall review and approve the final drawings for grading and other geotechnical work for the subdivision as to compliance with the recommendations of his or her report. All grading and geotechnical related work during construction shall be performed under the observation of the geotechnical engineer, and subject to periodic testing as recommended in the geotechnical report.

D.    Upon completion of all grading and geotechnical construction work, the geotechnical engineer shall submit a final as-built plan describing, in detail, all work performed, reconciling the actual work performed with the plans if different, and expressing a professional opinion that all required work was satisfactorily completed. The final plans shall be submitted to the public works director prior to the occupancy of any structures on any lots created by the subdivision. (Prior code § 25.133)

16.32.230 Construction of improvements—Compliance required.

All streets, drainage facilities, water distribution and fire protection facilities, sanitary sewer facilities and other required improvements shall be constructed in accordance with the provisions of this title and with the following specifications, as applicable: the public works standard specifications, CalTrans standard specifications, the American Water Works Association Board of Fire Underwriters. A copy of each such standard specifications is on file in the public works department. No final map or parcel map shall be forwarded to the county recorder’s office until the subdivider either completes the required improvements or enters into an agreement with the city agreeing to do such work. (Prior code § 25.138)

16.32.240 Improvement drawings and plans.

A.    Improvement drawings shall be prepared and signed by a registered civil engineer and shall be submitted as part of the checkprint submittal to the public works director along with the required checking fee deposit. Construction activities may not take place until all improvement plans and specifications have been approved and the required number of drawings submitted. Approval by the public works director shall in no way relieve the subdivider or the subdivider’s engineer from responsibility for the design of the improvement and any deficiencies or adverse effects resulting from the design and construction of the improvement.

B.    An improvement plan shall be acted on within sixty (60) working days of its submittal, except that at least fifteen (15) working days shall be provided for processing any resubmitted improvement plan. The sixty (60) working-day period shall not include any days during which the improvement plan has been returned to the applicant for correction, has been subject to review by other than the city or, following that review, has been returned to the applicant for correction.

C.    The improvement plans shall show complete plans, profiles and details for all required improvements, both public and private, including common areas. Hydrology, hydraulic plans and calculations, bond estimates and any structural calculations as may be required shall be submitted with the improvement plans. Upon completion of the review, one set of the checkprint plans, with the required revisions indicated, will be returned to the subdivider’s engineer.

D.    After completing all required revisions, the subdivider’s engineer shall transmit the originals of the improvement plans to the public works director for signature. Upon finding that all required revisions have been made and that the plans conform to all applicable city ordinances and conditions of approval of the tentative map or tentative parcel map, the public works director shall sign and date the plans. The originals will be returned to the subdivider’s engineer. A copy of the approved plans shall remain on file in the office of the public works director. (Prior code § 25.139)

16.32.250 Revisions to approved plans.

A.    Requests by the subdivider or the subdivider’s engineer for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the public works director or authorized representative and shall be accompanied by revised drawings showing the proposed revision. If the revision is acceptable, the originals shall be submitted to the public works director’s office for initialing. The originals shall be returned to the subdivider’s engineer and copies of the revised plans shall be immediately transmitted to the public works director. Construction of any proposed revision will not be permitted to commence until revised plans have been received and approved.

B.    When revisions are deemed necessary by the public works director to protect public health and safety, or as field conditions may require, a request in writing indicating the revisions shall be made to the subdivider and engineer. The subdivider’s engineer shall revise the plans and transmit the originals to the public works director for initialing within the time specified by the public works director. Upon receipt of the initialed originals, the subdivider’s engineer shall immediately transmit revised drawings to the public works director. Construction of all or any portion of the improvements may be stopped by the public works director until revised drawings have been submitted and approved. The subdivider may appeal revisions required by the public works director to the city council by filing a written appeal within fifteen (15) days following receipt of the request to revise the plans.

C.    Costs incurred by the city for the checking of plans or calculations or inspection as a result of revisions to the approved plans shall be borne by the subdivider at actual cost. A deposit, when required, shall be submitted with the revised prints and applied toward the actual costs. (Prior code § 25.140)

16.32.260 Inspections required.

All improvements are subject to inspection by the city. The city shall, upon not less than three working days’ advance notice or request, make such inspections as are requested and as are deemed necessary to ensure that all construction is in accordance with the approved plans and specifications and in no case shall such inspection be less than:

A.    The inspection of all underground utility, water, sewer, drainage and fire service lines;

B.    An inspection of the subgrade prior to placing the rock base;

C.    An inspection of road base prior to placing of roadway surfacing;

D.    An inspection of paving;

E.    The inspection of concrete forms;

F.    The inspection of the pouring of any concrete;

G.    A final inspection of the grading;

H.    A final inspection upon completion of all improvements within the subdivision.

The subdivider shall notify the public works director upon the completion of each stage identified in this section and shall not proceed until the subdivider has received the authorized approval. (Prior code § 25.141)

16.32.270 Deficiency list.

A.    Upon completion of the subdivision improvements, the subdivider shall apply in writing to the city for a preliminary final inspection. The public works director or authorized representative shall schedule a preliminary final inspection. A deficiency list shall be compiled during the inspection, noting all corrections or any additional work required. If the number of items is excessive or the subdivision appears incomplete, the preliminary final inspection may be halted and rescheduled on a date as determined by the public works director or authorized representative. When the preliminary final inspection has been completed, a copy of the deficiency list shall be transmitted to the subdivider for correction.

B.    Upon having completed all corrections or additional work as outlined by the deficiency list, the subdivider shall certify in writing that all corrections have been completed satisfactorily and request a final inspection. The public works director or authorized representative shall then make a final inspection.

C.    The completion of corrections indicated by the deficiency list shall not relieve the subdivider from the responsibility of correcting any deficiency not shown on the list that may be subsequently discovered. (Prior code § 25.142)

16.32.280 Acceptance of improvements.

A.    When all improvement deficiencies have been corrected and as-built improvement plans filed, those subdivision improvements which will be dedicated to the city may be considered for acceptance.

B.    If the offers of dedication on the final or parcel maps have been rejected, the city council (for subdivision for which a final map is required) or the planning commission (for subdivision for which a parcel map is required) shall accept the improved dedications and the city council’s resolution of acceptance or the planning commission’s certificate of acceptance shall be filed with the county recorder.

C.    If the offers of dedication on the final or parcel map have been accepted subject to improvement, the public works director shall file a notice of completion with the county recorder.

D.    Acceptance of improvements shall imply only that the improvements have been completed satisfactorily and that they have been accepted for public use. (Prior code § 25.143)

16.32.290 Improvement agreements.

If the required improvements are not satisfactorily completed before the filing of either the final map or the parcel map, the subdivider and owners of the subdivision shall, prior to or concurrently with the approval of such map, enter into an agreement with the city, agreeing to have the work completed within the time required, and specifying that should such work not be satisfactorily completed within the time limit, then the city may complete or have completed all specified improvements and be completely reimbursed for the same by the subdivider and owner of the subdivision. Any such improvement agreement shall be approved as to form by the city attorney and shall at a minimum provide:

A.    Construction of all improvements in accordance with the approved plans;

B.    Completion of improvements within the time specified by Section 16.32.300;

C.    Warranty by subdivider that construction will not adversely affect any portion of adjacent properties;

D.    Payment of inspection fees in accordance with the city’s established fees and charges;

E.    Maintenance and repair of any defects or failures and causes thereof for one year following acceptance of the improvements;

F.    Improvement and warranty security;

G.    Release and indemnification of the city from all liability incurred in connection with the development and payment of all reasonable attorney’s fees that the city may incur because of any legal action or other proceeding arising from the development;

H.    Engineer’s certifications of approved construction;

I.    Payment of all required fees, including, without limitation, park dedication fee, traffic mitigation fees, etc.;

J.    Agreement to be financially responsible for all required city services provided to the subdivision’s residents prior to acceptance by the city. (Prior code § 25.144)

16.32.300 Time of completion.

A.    Subdivisions of Five or More Parcels.

1.    The subdivider shall complete the improvements for a subdivision of five or more parcels within twelve (12) months, or a time as approved by the city engineer, not to exceed thirty-six (36) months, from the recording of the final map, unless an extension is granted by the city council.

2.    The subdivider shall complete improvements before final building inspection or the issuance of an occupancy permit for any unit in the subdivision.

3.    If the subdivider fails to complete the improvements within the specified time, the city may by resolution of the city council and at its option cause the uncompleted improvements to be completed and the parties executing the performance security shall be bound for the payment of all necessary costs.

B.    Subdivision of Four or Less Parcels.

1.    The completion of improvements for divisions of four or less parcels is not required until a permit or other grant of approval for the development of a lot within the subdivision is applied for. However, the city may require completion of the improvements by a specified date when it finds that the completion of the improvements is necessary for public health or safety or for the orderly development of the surrounding area. The city engineer may make this finding. The specified date, when required, shall be stated in the subdivision improvement agreement.

2.    The subdivider shall complete improvements before final building inspection or the issuance of an occupancy permit for any unit in the subdivision.

C.    Extensions.

1.    The completion date may be may be extended by the city council, for subdivisions of five or more parcels, or by the planning commission, for subdivisions of four or less parcels, upon written request by the subdivider and the submittal of adequate evidence to justify the extension. The request shall be made not less than thirty (30) days prior to expiration of the subdivision improvement agreement.

2.    If approved, the subdivider shall enter into a subdivision improvement agreement extension with the city. For subdivisions of five or more parcels, the agreement shall be prepared by the city engineer, approved as to form by the city attorney, executed by the subdivider and surety and transmitted to the city council for its consideration. If approved by the city council, the city clerk shall execute the agreement on behalf of the city. For subdivisions of four or less parcels, the same procedure shall be followed, except that the agreement shall be considered by the planning commission.

3.    If an extension for a subdivision of four or less parcels is approved or conditionally approved, the planning department shall make a written report thereof to the city council prior to the extension agreement being executed by the city clerk, and the city clerk shall not execute that agreement if it is called up by the city council until the city council has completed its review as set forth herein. Any member of the city council shall have the right, at a city council meeting held within ten (10) days of the final action by the planning commission to call up that agreement for city council review. If the city council by a majority vote, decides to review the agreement and conditions, it may do so at the same meeting or within thirty (30) days after the date of the request for review. The city council may add, modify or delete conditions if the city council determines that such changes are necessary to ensure that the agreement conforms to the state Subdivision Map Act and this code. The city council may deny extension of the agreement on any of the grounds contained in this title. If the city council does not act within the time limits set forth in this section, the agreement shall be deemed to have been approved or conditionally approved as last approved or conditionally approved by the planning commission insofar as it complies with all other applicable provisions of the state Subdivision Map Act, this title, this code and the general plan.

4.    In consideration of a subdivision improvement agreement extension, the city may require the following:

a.    Revision of improvement plans to provide for current design and construction standards when required by the city engineer;

b.    Revised improvement construction estimates to reflect current improvement costs as approved by the city engineer;

c.    Increase of improvement securities in accordance with revised construction estimates;

d.    Inspection fees may be increased to reflect current construction costs but shall not be subject to any decrease or refund;

e.    The city council or planning commission, as the case may be, may impose additional requirements as recommended by the city engineer or as it may deem necessary as a condition to approving any time extension for the completion of improvements.

5.    The subdivider shall pay the cost incurred by the city in processing the extension request and extension agreement. (Prior code § 25.145)

16.32.310 Deferred improvement agreements.

A.    Subdivisions of Four or Less Parcels. The frontage improvements along peripheral streets may be deferred when deemed necessary by the city engineer. When improvements are deferred, the subdivider and/or owner of the real property shall enter into an agreement with the city, in form acceptable to the city engineer and city attorney, for the installation of all frontage improvements at a time in the future as specified by the city. The city clerk shall execute the agreement on behalf of the city. The agreement shall provide for the following:

1.    Construction of improvements shall commence within ninety (90) days of the receipt of the notice to proceed from the city and shall be completed within the time specified by Section 16.32.300;

2.    That in the event of a default by the subdivider and/or owner, the city is authorized to cause construction to be done and charge the entire cost and expense to the subdivider and/or owner, including interest from the date of notice of such cost and expense until paid;

3.    That the agreement shall be recorded with the county recorder at the expense of the subdivider and/or owner and shall constitute notice to all successors and assigns of title to the real property of the obligations set forth therein, and shall also constitute a lien in such amount necessary to fully reimburse the city, including interest as provided above, subject to foreclosure in the event of a default in payment;

4.    That in event of litigation occasioned by any default of the subdivider and/or owner, the subdivider and/or owner agree to pay all costs involved, including reasonable attorney’s fees, and that the same shall become a part of the lien against the real property;

5.    That the terms “subdivider” and “owner” include, respectively, not only the subdivider and the present owner of the real property but also heirs, successors, executors, administrators and assigns thereof, it being the intent of the parties that the obligations undertaken shall run with the real property and constitute a lien against it;

6.    Any other improvement security as required by Section 16.32.320;

7.    Any other provisions required by the city as reasonably necessary to effectuate the purposes and provisions of the state Subdivision Map Act and this code.

The agreement shall not relieve the subdivider or owner from any other specific requirements of the state Subdivision Map Act, this code or law. The construction of deferred improvements shall conform to the provisions of this title and all applicable articles of this code in effect at the time of construction.

B.    Remainders. Where a remainder is made part of a final or parcel map, the subdivider may enter into an agreement with the city to construct improvements within the remainder at some future date and prior to the issuance of a permit or other grant of approval for the development of a remainder. The improvements shall be at the subdivider’s expense. In the absence of such an agreement, the city may require fulfillment of the construction requirements within a reasonable time following approval of the final or parcel map and prior to the issuance of a permit or other grant of approval for the development of the remainder, upon a finding that fulfillment of the construction requirements is necessary for reasons of:

1.    The public health and safety; or

2.    The required construction is a necessary prerequisite to the orderly development of the surrounding area. (Prior code § 25.146)

16.32.320 Improvement security.

A.    General. Any improvement agreement, contract or act required or authorized by the state Subdivision Map Act or this chapter, for which security is required, shall be secured in accordance with Sections 66499 et seq. Of the state Subdivision Map Act and as provided below. No final map or parcel map may be approved until all improvement securities required by this section have been received and approved.

B.    Form of Security. The form of security shall be one or the combination of the following at the option and subject to the approval of the city:

1.    Bond or bonds by one or more duly authorized corporate sureties. The form of the bond or bonds shall be in accordance with Sections 66499.1, 66499.2, 66499.3 and 66499.4 of the state Subdivision Map Act;

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

3.    An instrument of credit or letter of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment;

4.    Any other form of security as provided in Section 66499 of the state Subdivision Map Act.

C.    Amount of Security. Except for qualified nonprofits as defined by Government Code Section 66499.3(c), security to guarantee the performance and payment shall be in the following amounts:

1.    A performance bond or other security in the amount of one hundred percent (100%) of the total estimated construction cost to guarantee performance.

2.    A payment bond in the amount of one hundred percent (100%) of the total estimated construction cost to guarantee payment to subdivider’s contractor, subcontractors and to persons furnishing labor, materials or equipment for the construction or installation of improvements.

3.    The estimate of improvements costs shall be as approved by the city engineer and shall provide for:

a.    Not less than five percent nor more than ten percent (10%) of the total construction cost for contingencies;

b.    Increase for projected inflation computed to the estimated midpoint of construction;

c.    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;

d.    In addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorney’s fees, incurred by the city in enforcing the obligations secured.

D.    Cash Bond. The subdivider shall deposit with the city not less than one thousand dollars ($1,000.00) cash for subdivision of four or less parcels, and three thousand dollars ($3,000.00) for other subdivisions, or an additional amount as required by the city engineer, not to exceed one percent of the total estimated construction cost. The deposit may be used at the discretion of the city to correct deficiencies and conditions caused by the subdivider, contractor or subcontractors that may arise during or after the construction of the subdivision. Any unexpected amount will be returned to the subdivider at the time all bonds and other security are released.

E.    Warranty Security. Upon acceptance of the subdivision improvements by the city, the subdivider shall provide security in the amount as required by the city engineer to guarantee the improvements against any defective work or labor done or defective materials used in the performance of the improvements throughout the warranty period, which shall be the period of one year following the completion and acceptance of the improvements. The amount of the warranty security shall not be less than ten percent (10%) of the cost of the construction of the improvements, including the cash bond which shall be retained for the one-year warranty period.

F.    Reduction in Performance Security. The city engineer may authorize in writing the release of a portion of the security in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work progresses upon application by the subdivider, but in no case shall the security be reduced to less than ten percent (10%) of the total improvement security given for faithful performance. The amount of reduction of the security shall be determined by the city engineer; however, in no event shall the city engineer authorize a release of the improvement security which would reduce security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by the state Subdivision Map Act, this code or the improvement agreement.

G.    Release of Improvement Security.

1.    Performance Security. The performance security shall be released only upon acceptance of the improvements by the city and when an approved warranty security has been filed with the city engineer. If a warranty security is not submitted, performance security shall be released twelve (12) months after acceptance of improvements and correction of all warranty deficiencies.

2.    Material and Labor Security. Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment shall be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the city, after the passage of the time within which claims of lien are required to be recorded pursuant to Sections 3114-3118 of the Civil Code. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. If no claims have been recorded, the security shall be released in full.

3.    Warranty Security. The warranty security shall be released upon satisfactory completion of the warranty period, provided:

a.    All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected;

b.    Not less than twelve (12) months have elapsed since the acceptance of the improvements by the city. (Ord. 02-1 § 15: prior code § 25.147)