Chapter 82.16
IMPROVEMENTS
Sections:
82.16.010 Required improvements generally.
82.16.020 Improvements benefiting property outside subdivision.
82.16.030 Required improvements for specified minor subdivisions.
82.16.040 Improvement plan review.
82.16.050 Improvement of remainder parcel.
82.16.060 Agreements to improve.
82.16.070 Off-site improvements acquisition of property interests.
82.16.080 Improvement security required.
82.16.100 Release of security.
82.16.110 Forfeiture of security.
82.16.120 Lien contract for improvements.
82.16.130 Covenant not to oppose an improvement district.
82.16.140 Reimbursement for relocation of telephone or cable facilities.
82.16.010 Required improvements generally.
Before a final or parcel map is approved by the City Council or by operation of law, it shall be required:
A. That the subdivider grade and improve or agree to grade and improve all land dedicated or to be dedicated for streets or easements, bicycle routes, and all private streets and private easements laid out on a final map or parcel map in such manner and with such improvements as are necessary for the use of the lot owners in the subdivision and local neighborhood traffic and drainage needs, and in accordance with the City standards.
B. That the subdivider install or agree to install all drainage and flood control structures and facilities required by the City Engineer, which drainage and flood control structures and facilities shall conform to the City standards.
C. That the subdivider install or agree to install fire hydrants and connections of a type and location approved by the Director of Fire Services.
D. That the subdivider provide all necessary easements and rights-of-way to accommodate all streets, drainage and flood control structures and facilities and sewer systems extending beyond the boundaries of the subdivision.
E. That the subdivider shall provide that the subdivision be connected to a domestic water system approved by the City and all water mains shall be a material subject to the requirements of the water company or agency serving the subdivisions. That the subdivider shall install or agree to install all required water systems necessary to serve the subdivision and that all water lines, appurtenances and service connections have been constructed or laid prior to paving or provisions have been made to insure said construction.
F. That, where a sewer line is constructed or laid within a street or road, the subdivider has installed or agreed to install sewer lines of a type, size and location approved by the City Engineer to the property line of each lot within the subdivision and that all sanitary sewer lines, appurtenances and service connections have been constructed or laid prior to paving or provisions have been made to insure said construction. No surfacing is required on any private street laid out on any parcel map where each parcel shown on such map contains a gross area of 20 acres or more; provided, however, this provision shall not be construed as relieving a subdivider of the obligation of:
1. Grading such private streets to grades in widths required by the City standards;
2. Installing all drainage structures and facilities required by the City Engineer which shall conform to the City standards; and
3. Installing water supply pipelines, fire hydrants and connections as may be required.
G. All new and existing utility distribution facilities, including cable television conduit and lines within the boundaries of any new subdivision and within any half street abutting a new subdivision, shall be placed underground. The subdivider is responsible for complying with the requirements of this subsection, and he shall make the necessary arrangements with each of the serving utilities, including franchised cable television operators, for the installation of such facilities. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities necessarily appurtenant to such underground utilities and street lighting systems may be placed aboveground subject to approval of the City Engineer. The provisions of this subsection shall not apply to the installation and maintenance of overhead electric transmission lines in excess of 34,500 volts and long distance and trunk communication facilities. The installation of cable television lines may be waived when, in the opinion of the City Council, no franchised cable television operator is found to be willing and able to install cable television lines in the subdivision. Notwithstanding any such waiver, the installation of cable television conduit is required.
H. That the subdivider shall construct or shall cause to be constructed at his cost a street lighting system conforming to the City standards.
I. Where the City has adopted a flood control element or drainage element of the General Plan, all improvements shall conform to such element wherever possible.
J. That the subdivider comply or agree to comply with all the conditions of approval contained in the resolution approving the tentative or tentative parcel map and not otherwise provided for by this chapter.
82.16.020 Improvements benefiting property outside subdivision.
A. The City Council may require that improvements installed by the subdivider for the benefit of the subdivision shall contain supplemental size, capacity, number or length for the benefit of property not within the subdivision, and that such improvements be dedicated to the public. Supplemental length may include minimum sized off-site sewer lines necessary to reach a sewer outlet in existence at that time. (Gov. Code § 66485).
B. The City Council shall enter into a reimbursement agreement with the subdivider in accordance with Section 66486 of the Act.
C. In order to pay the costs as required by the reimbursement agreement, the City Council may proceed in accordance with Section 66487 of the Act. (Ord. 1601)
82.16.030 Required improvements for specified minor subdivisions.
Whenever a proposed subdivision is for four or less lots, required Improvements shall be limited in accordance with Section 66411.1 of the Act.
82.16.040 Improvement plan review.
A. Prior to filing the final map or parcel map, all improvement plans shall be subject to plan review by the City Engineer and other appropriate departments.
B. Construction and installation of all improvements shall be subject to inspection by the City Engineer and other appropriate agencies.
C. A minimum of two copies of the improvement plans shall be submitted to the City Engineer, or as many copies as is deemed necessary by the City Engineer for plan review and inspection by other appropriate departments. The costs to the City in examining improvement plans, inspecting improvements and monuments shall be paid by the subdivider. Upon approval of the improvement plans by the City Engineer, the originals of the improvement plans shall remain on file in the City Engineer’s Office. Additional copies can be obtained through the Engineering Division or by a bonded carrier approved by the City Engineer.
82.16.050 Improvement of remainder parcel.
When a subdivision is of a portion of any unit or units of improved or unimproved land, the subdivider may designate as a remainder that portion which is not divided for the purpose of sale, lease or financing. The fulfillment of construction requirements for improvements on the remainder parcel shall be in accordance with Section 66424.6 of the Act.
82.16.060 Agreements to improve.
A. The City Council may require a subdivider to enter into one of the types of agreements set forth in subsection B of this section as specified by the City Council:
1. As a condition precedent to the approval of the final or parcel map announced at the time of the approval or conditional approval of the tentative map or tentative parcel map;
2. If, at the time of approval of a final or parcel map, any improvement required by the City Council has not been completed and accepted in accordance with standards established by the City Council at the time of the approval or conditional approval of the tentative map or tentative parcel map.
B. The City Council may require the subdivider to enter into one of the following types of agreements as specified by the City Council:
1. An agreement with the City Council upon mutually agreeable terms to thereafter complete such improvements at the subdivider’s expense.
2. An agreement with the City Council to thereafter:
a. Initiate and consummate proceedings under an appropriate special assessment act for the financing and completion of all such improvements; or
b. If not completed under such special assessment act, to complete such improvements at the subdivider’s expense.
C. The City Council entering into any agreement pursuant to this chapter shall require that performance of such agreement be guaranteed by the security specified in this chapter and that the agreement be recorded. (Gov. Code § 66462)
82.16.070 Off-site improvements acquisition of property interests.
Whenever a subdivider is required as a condition of a tentative map to construct or install off-site improvements on property which neither the subdivider nor the City possesses a sufficient interest to permit the improvements to be made, the subdivider shall provide to the City, no later than 60 days prior to filing the final map, sufficient information, reports and data, including but not limited to an appraisal and title report, to enable the City to commence proceedings to acquire an interest in the land. The subdivider shall agree to complete the improvements at such time as the City has sufficient interest in the property to permit the construction of the improvements. The subdivider shall bear all costs associated with the acquisition of the property interests and the estimated costs thereof shall be secured as provided in this title. (Gov. Code § 66462.5)
82.16.080 Improvement security required.
The improvement agreement referred to in this chapter shall be secured, at the election of the City Council, in accordance with Section 66499 of the Act. The form of bonds shall be in substantial compliance with Section 66499.1 and 66499.2 of the Act.
82.16.090 Amount of security.
Security to guarantee the performance of any Act or agreement in this title shall be fixed by the City Council in accordance with Sections 66499.3 and 66499.4 of the Act.
82.16.100 Release of security.
The improvement security required shall be released in the following manner:
A. In accordance with Section 66499.7 of the Act, subject to subsection B of this section.
B. The City Engineer may release a portion of the security in conjunction with the acceptance of the performance of the act or work as it progresses upon application therefor by the subdivider; provided, however, that no such release shall be for an amount more than 25 percent of the total improvement security given for faithful performance of the act or work and that the security shall not be reduced to an amount less than 50 percent of the total improvement security given for faithful performance until final completion and acceptance of the act or work. In no event shall the City Engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the act or work and any other obligation imposed by this title, the Act or the improvement agreement.
82.16.110 Forfeiture of security.
Upon the failure of the subdivider to complete any improvement, acts or obligations within the time specified, the City Council may, upon notice in writing of not less than 10 days served upon the person responsible for the performance thereof, or upon notice in writing of not less than 20 days served by registered mail addressed to the last known address of such person, determine that the subdivider is in default and may cause the improvement security, or such portion thereof as is necessary to complete the work or act and any other obligations of the subdivider secured thereby, to be forfeited to the City.
82.16.120 Lien contract for improvements.
The City Council may require the subdivider, as a condition on approving the map, to enter into an agreement with the City to construct the improvements in the future, and require the subdivider to grant the City a lien on the property to be divided securing such future improvements. The lien granted under authority herein may be used to secure future improvements in easements, right-of-way or irrevocable offers of dedication or any other improvements or conditions of the map. The City Manager is authorized to sign such agreements on behalf of the City.
82.16.130 Covenant not to oppose an improvement district.
In connection with a lien contract under this title, the City Council may require that the subdivider execute a covenant not to oppose the formation of an improvement district. The City Manager is authorized to sign such covenants on behalf of the City.
82.16.140 Reimbursement for relocation of telephone or cable facilities.
For relocation of telephone or cable facilities, the City shall require reimbursement from developers, and hereby incorporates by reference the authority contained in Government Code Section 66473.6. (Ord. 1658)