Chapter 17.12
SUBDIVISION IMPROVEMENTS
Sections:
17.12.010 Improvements required.
17.12.020 Improvement plans and permits required.
17.12.030 Preparation and form of improvement plans.
17.12.040 Commencement of improvement work.
17.12.060 Construction and installation standards.
17.12.070 Utility line installation standards.
17.12.080 Temporary improvements.
17.12.090 Inspection of improvement work.
17.12.100 Coordination of improvement work.
17.12.110 Improvements waived – Clarifying records or reversion to acreage.
17.12.120 Improvement requirements.
17.12.130 Oversizing improvements – Reimbursement.
17.12.140 Subdivision improvement agreement.
17.12.150 Form, filing and term of improvement agreement.
17.12.160 Minimum agreement provisions.
17.12.170 Additional agreement provisions.
17.12.180 Improvement security required.
17.12.190 Form, filing and term of improvement security.
17.12.200 Liability for alterations or changes.
17.12.210 Release of improvement security – Assessment district proceedings.
17.12.220 Release of improvement security.
17.12.010 Improvements required.
The subdivider shall construct or install all improvements in streets, alleys, water mains, sanitary sewers, storm drain systems, sidewalks, bike paths, easements and other rights-of-way as are deemed necessary by the approving authority for the general use of residents of the subdivision and to meet requirements of the City Standard Specifications. [Ord. 09-026.]
17.12.020 Improvement plans and permits required.
Improvement plans shall be completed by the subdivider, and approved by the City Engineer, prior to the acceptance of the final map or parcel map for processing by the City Engineer and approval by the approving authority.
Improvement plans shall conform to Standard Specifications adopted by the Council. The final map shall not be deemed to be submitted for approval until the approval of said plans by the City Engineer. [Ord. 09-026.]
17.12.030 Preparation and form of improvement plans.
Improvement plans shall be prepared by or under the direction of a registered civil engineer and shall show full details of all improvements required to be installed by the provisions of this title, 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.
The form, layout, scale and other particulars of the plans, and number of copies to be provided, shall be in accordance with the City Standard Specifications. [Ord. 09-026.]
17.12.040 Commencement of improvement work.
Prior to the commencement of grading, construction, or installation of any improvements within any street, alley, pedestrian-way, easement or other public area or right-of-way, improvement plans shall have been approved by the City Engineer and other affected agencies. [Ord. 09-026.]
17.12.050 Grading permit.
A. A grading permit issued by a Building Official with the prior approval of the City Engineer is required for any person who engages in any of the following activities within the City:
1. Grading, or filling, or excavating, or disposing, when any such activity involves three hunded fifty (350) cubic yards or more of soil or earthly material; or
2. Clearing and grubbing, when such activity involves one (1) acre or greater of land.
B. When an improvement plan is being processed and includes those activities described above, the improvement plans will be subject to DMC 16.04.040, erosion control, or as amended. A grading permit may be issued by the Building Official in advance of improvement plan approval. A grading permit is not necessary when improvement plans have been approved by the Building Official or City Engineer.
C. Grading permits are not required for the following activities within the City:
1. The construction of swimming pools, basements, or footings of structures authorized by a valid building permit; or
2. The construction of underground utilities by a public utility or public agency or a contractor or agent of a public agency or public utility; or
3. The construction of single-family residences on individual lots if authorized by a valid building permit; or
4. The production of planted agricultural crops; or
5. Situations posing an immediate threat to life or property, such as during flood, earthquake, or fire.
D. The City Council may, by resolution, establish reasonable fees for the issuance of grading permits and provide procedure under which said permits are issued and enforced by the Building Official. Any violation of this section shall constitute a misdemeanor and is subject to the enforcement procedures provided for in DMC 17.18.010. [Ord. 09-026; Ord. 13-004 § 34.]
17.12.060 Construction and installation standards.
Improvements shall be constructed and installed in accordance with the approved plans and in accordance with the applicable Standard Specifications established by the City. [Ord. 09-026.]
17.12.070 Utility line installation standards.
In all portions of a subdivision, utility lines, including but not limited to electrical, natural gas, telephone, cable television and street lighting service lines, shall be placed underground; provided, however, that incidental, appurtenant equipment such as transformers, terminal boxes and meter cabinets may be placed above ground when, with approval of the City Engineer, it is impractical under the circumstance of a given case to place same underground. [Ord. 09-026.]
17.12.080 Temporary improvements.
In addition to permanent improvements, temporary improvements, such as but not limited to turnaround areas or access walkways, may be required to be made prior to or concurrent with permanent improvements. [Ord. 09-026.]
17.12.090 Inspection of improvement work.
All improvements shall be constructed under the inspection of the City Engineer, and the subdivider shall cause all such improvement work to be inspected at such times as are established and required by the Director. The subdivider shall pay the City a fee to completely cover all of the City’s costs in making such inspection, the rate of which shall be determined by resolution of the Council. [Ord. 09-026.]
17.12.100 Coordination of improvement work.
All work and improvements contemplated by and performed pursuant to this title shall be accomplished so as to minimize interference with and coordinate with other construction activities or developments of or on behalf of the City and nearby private development. [Ord. 09-026.]
17.12.110 Improvements waived – Clarifying records or reversion to acreage.
If it is determined by the City Engineer that the subdivision has been submitted only for the purpose of clarifying records by consolidating existing lots and metes and bounds parcels, or for the purpose of absorbing vacated streets or alleys by reversion to acreage, or both, the Council may, upon recommendation of the City Engineer, waive all or a portion of the improvements which otherwise would be required. [Ord. 09-026.]
17.12.120 Improvement requirements.
The improvements required by this chapter as conditions of approval of the final map or parcel map shall be consistent with the City Standard Specifications and may include, but are not limited to, the following:
A. Grade and fill to a grade of site and construct all necessary grade crossings, culverts, bridges and other related works.
B. Construct all drains, drainage facilities, channel improvements and other drainage works required to provide proper drainage for the subdivision.
C. Construct and install concrete curbs, gutters and sidewalks on both sides of every street and on each side of an existing or dedicated street bordering the subdivision.
D. Install water mains, sanitary sewer, storm drains, necessary appurtenances and all laterals required to serve each lot.
E. Relocate or provide for the relocation of any underground or overhead utility, including irrigation lines and traffic signal lines, the relocation of which is necessitated by development of the subdivision.
F. Underground all utilities, sanitary sewers, storm drains and other facilities installed in streets or alleys prior to the paving of such street. Service connections for all underground utilities and sanitary sewers shall be laid at such lengths to avoid disturbing the street, alley, or other improvements when service connections thereto are made.
G. Install asphalt concrete pavement and base material in all existing or dedicated streets or portions thereof. Install or provide for the future installation of a seal coat.
H. Install concrete sidewalks and concrete pavement in all existing or dedicated alleys, pedestrian-ways and bikeways; provided, however, pedestrian-ways and bikeways may be improved with asphaltic concrete pavement with the consent of the City Engineer.
I. Install or provide for the installation of street lighting facilities.
J. Provide funds to cover the cost of warning devices or traffic signal equipment, or both, where required by traffic conditions related to the subdivision but not installed as part of the project and not covered by development fees.
K. Construct and install street barricades and other safety devices in accordance with Standard Specifications.
L. Construct such acceleration and deceleration lanes and traffic channelization devices in streets as are deemed necessary by the City Engineer.
M. Construct walls or fencing, or both, along the subdivision boundary lines per City requirements.
N. Construct improvements required and included as mitigation measures pursuant to CEQA. [Ord. 09-026.]
17.12.130 Oversizing improvements – Reimbursement.
As a condition of approval of a tentative map, it may be required by the approving authority 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 said improvement be dedicated to the public. If such a condition is imposed, provision for reimbursement to the subdivider in the manner provided by Section 66486 of the Subdivision Map Act shall be contained in the subdivision improvement agreement. [Ord. 09-026.]
17.12.140 Subdivision improvement agreement.
If the required improvements are not satisfactorily completed before a final map or parcel map is filed with the City Engineer, the subdivider shall enter into an agreement with the City to make all improvements as may be required upon approval of such map. The requirements of such improvement agreement shall not be waived under any circumstances.
The purpose of the subdivision improvement agreement includes, among other considerations, eliminating and avoiding the harmful effects of premature subdivision which leaves property undeveloped and unproductive. Therefore, commencement of construction of the improvements under the agreement shall not be a condition precedent to the enforcement and requirement of specific performance under said agreement.
The benefit of the subdivision improvement agreement inures solely to the City and shall not be construed to benefit any third parties not signatory to said agreement, including but not limited to the following: lot purchasers; subcontractors; laborers; and suppliers. [Ord. 09-026.]
17.12.150 Form, filing and term of improvement agreement.
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 City Engineer may require an acknowledged abstract of said agreement to be recorded simultaneously with the final map or the parcel map.
The improvement agreement, and any required acknowledged abstract thereof, shall be complete, subject to Council approval, and on file with the City Engineer before the final map or parcel map is accepted for filing. The term of each improvement agreement filed pursuant to the provisions of this section shall begin on the date of filing and end upon the date of completion or fulfillment of all terms and conditions contained therein to the satisfaction of the City Engineer. [Ord. 09-026.]
17.12.160 Minimum agreement provisions.
Said agreement shall include at least the following provisions:
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 this title, of the City Code, and of other applicable laws, and with all terms and conditions of required improvement permits.
C. A statement indicating a period of one (1) year 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 said improvements by the subdivider for a period of twelve (12) months after the improvements have been accepted by the Council.
F. Provision for the inspection of all improvements of the subdivision by the City Engineer for a period of twelve (12) months after said improvement acceptance date.
G. A provision guaranteeing payment to the City for all engineering and inspection costs and fees and all other incidental expenses incurred by the City.
H. A description of all lands within the exterior boundaries of the subdivision. [Ord. 09-026.]
17.12.170 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 this title:
A. Provision for the repair, at the subdivider’s expense, of any damage to public streets which may reasonably be expected to result from hauling operations necessary for subdivision improvements required by this title, 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 cash bond in the manner prescribed by DMC 17.12.180 and 17.12.190; and further providing that only the requirements of this provision shall not delay the release of any other improvement security provided pursuant to the aforementioned sections.
D. Provision for any reimbursement to be paid the subdivider under the provisions of Section 66486 of the Subdivision Map Act.
E. Provision for the setting of required monuments after the recordation of the final map or parcel map.
F. Provision for the method of payment of any fees imposed by this chapter.
G. Provision for guarantee and warranty of the work, for a period of one (1) year following completion and acceptance thereof, against any defective work or labor done or defective materials furnished, in the performance of the agreement with the City or the performance of the act. [Ord. 09-026.]
17.12.180 Improvement security required.
A. General. Except as otherwise provided in subsection B of this section, a subdivider shall secure the improvement agreement entered into pursuant to DMC 17.12.160 in the following amounts:
1. Performance Security. An amount determined by the City Engineer to be one hundred percent (100%) of the total estimated cost of the construction or installation of the improvements or of the acts to be performed, securing the faithful performance and completion of the improvements or acts to be performed; and
2. Payment Security. An amount determined by the City Engineer to be not less than one hundred percent (100%) of the total estimated cost of the improvement or required act, securing payment to the contractor, to the subcontractors, and to persons furnishing labor, materials or equipment for the construction or installation of the improvements or the performance of the required acts; and
3. Warranty Security. An amount of ten percent (10%) of the estimated cost of improvements shall be required for the guarantee and warranty of the work for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done, or defective materials or equipment furnished.
B. Nonprofit California Corporations. Pursuant to Section 66499.3 of the Subdivision Map Act, entities that are California nonprofit corporations, funded by the United States of America or one (1) of its agencies, or funded by the State of California or one (1) of its agencies, are exempt from the requirements of subsections (A)(1) and (2) of this section, provided they meet and fulfill the alternative security requirements specified in Section 66499.3(c) of the Subdivision Map Act. [Ord. 09-026.]
17.12.190 Form, filing and term of improvement security.
The improvement security shall be conditioned upon the faithful performance of the improvement agreement and shall be in one (1) of the forms provided in Section 66499 of the Subdivision Map Act. The specific form of the improvement security required for each agreement and the terms thereof shall be recommended by the City Engineer and shall be subject to the approval of the City.
A surety bond to secure the faithful performance of the agreement shall substantially conform to the form set forth in Section 66499.1 of the Subdivision Map Act. A surety bond to secure payment to the contractor, subcontractor, and persons furnishing labor, materials or equipment shall substantially conform to the form set forth in Section 66499.2 of said Act.
Improvement security shall be filed with the City, together with an executed subdivision improvement agreement, before the City accepts the final map or parcel map for filing. [Ord. 09-026.]
17.12.200 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, that all such changes or alterations do not exceed ten percent (10%) of the original estimated cost of the improvement. [Ord. 09-026.]
17.12.210 Release of improvement security – Assessment district proceedings.
If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, upon the furnishing by 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 City by the amount corresponding to the amount of such bonds furnished by the contractor. [Ord. 09-026.]
17.12.220 Release of improvement security.
A. Performance Security. The performance security shall be released only upon completion or fulfillment of all terms and conditions of the improvement agreement and acceptance by the Council according to the procedures and schedule stipulated in the Subdivision Map Act. Such acceptance shall occur when the certificate of completion is verified by the City Engineer. If a warranty security is not submitted, performance security shall be released one (1) year after acceptance of improvements and correction of all warranty deficiencies.
B. Payment Security. Security given to secure payment to the contractor, subcontractors and persons furnishing labor, materials or equipment may, six (6) months after the completion and acceptance of the improvements by the Council, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the City. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given.
C. Warranty Security. The warranty security shall be released upon satisfactory completion of the one (1) year warranty period; provided, that all warranty deficiencies have been corrected as determined by an inspection by the City Engineer.
Pursuant to Cal. Gov’t Code §§ 66499.7 and 66499.9, the release of improvement security as set forth above shall not apply to any costs, reasonable expenses or fees, including reasonable attorney’s fees. [Ord. 09-026.]