Chapter 16.36
IMPROVEMENTS
Sections:
16.36.020 Required improvements.
16.36.030 Deferred improvement agreements.
16.36.060 Hillside development standards.
16.36.080 Improvement agreement.
16.36.090 Improvement security.
16.36.100 Construction and inspection.
16.36.110 Completion of improvements.
16.36.120 Acceptance of improvements.
16.36.130 Issuance of building permits.
16.36.010 General.
A. The subdivider shall construct all required improvements, both on and off-site, in accordance with the standard engineering specifications and other approved standards as provided by this chapter and by the city council’s resolution or resolutions establishing such standards.
B. No final map shall be presented to the city council or parcel map to the planning commission for approval until the subdivider either completes the required improvements or enters into an agreement with the city agreeing to do the work. (Ord. 702 § 1 (part), 1991)
16.36.020 Required improvements.
A. General.
1. All improvements as may be required as conditions of approval of the tentative map or by city ordinance or resolution, together with, but not limited to, the required improvements set forth below shall be required of all subdivisions.
2. Requirements for construction of on-site and off-site improvements for subdivisions of 4 or less parcels shall be noted on the parcel map or waiver of parcel map or the subdivision improvement agreement recorded prior to or concurrent with the parcel map.
3. Completion of improvements shall be in accordance with Section 16.36.110.
B. Frontage Improvements. The frontage of each lot shall be improved to its ultimate adopted geometric sections, including street structural section, curbs, sidewalks, driveway approaches and transitions.
C. Stormdrainage. Stormwater runoff from the subdivision shall be collected and conveyed by an approved stormdrain system. The stormdrain system shall be designed for ultimate development of the watershed and shall be capable of collecting and conveying runoff to city design standards. The stormdrain system shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in runoff attributed to the development. Off-site stormdrain improvements may be required to satisfy this requirement. The stormdrain system may also be required to be designed for water quality control monitoring activities.
D. Sanitary Sewers. Each unit or lot within the subdivision shall be served by an approved sanitary sewer system, in accordance with the provisions of Title 13 of this code.
E. Water Supply. Each unit or lot within the subdivision shall be served by an approved domestic water system, in accordance with the provisions of Title 13 of this code.
F. Utilities. Each unit or lot within the subdivision shall be capable of being served by natural gas and/or electric and telephone.
G. Underground Utilities.
1. All existing and proposed utilities within the subdivision and along peripheral streets shall be placed underground except those facilities exempted by the public utilities commission regulations. Undergrounding shall be required for overhead lines on either side of peripheral streets.
2. The developer may request that the under-grounding requirement along peripheral streets be waived by the city council, in the case of subdivisions of 5 or more parcels or by the planning commission, in the case of subdivisions of 4 or less parcels. The city council or planning commission, as the case may be, may at its discretion accept a fee in lieu of the undergrounding. The amount of fee shall be determined by the city engineer and shall be based upon the reasonable estimated cost of that portion of a future undergrounding project attributable to the subdivision. The requirement for undergrounding or payment of an in-lieu fee shall be a condition of approval of the tentative map.
3. Undergrounding requirements may be waived or modified by the city council or the planning commission, as the case may be, only upon finding:
a. The subdivision is within an area where existing utilities have not been undergrounded and that deferral will be allowed since undergrounding is impractical due to physical constraints or the surrounding neighborhood is absent of similar improvements;
b. Overhead utilities will have no significant visual impact;
c. Overhead utilities will not be inconsistent with the policies, programs and standards of the general plan or any applicable specific plan.
4. If the undergrounding requirements are waived as allowed by paragraphs a, b and c of subdivision 3 of this subsection, the in-lieu fee as established by the city engineer shall be made a condition of approval of the tentative map.
5. In-lieu fees shall be deposited in a special undergrounding account to be used as approved by the city council for future undergrounding of utilities throughout the city.
6. The provisions of this subsection are in addition to and not in substitution for or limitation of, the provisions of Chapter 17.54 of this code.
H. Fencing. Each parcel or lot within the subdivision that is adjacent to property containing a nonresidential use or public facility shall have an approved fence adequate to prevent unauthorized access between the properties.
I. Other Improvements. Other improvements including, but not limited to, grading, street lights, fire hydrants, traffic-control devices, traffic signs and markings, traffic signals, street trees and shrubs, landscaping, monuments, bicycle facilities, soundwalls and fences or fees in lieu of any of the foregoing, shall also be required as determined by the city engineer in accordance with this code, the general plan and applicable specific plan and city standards and specifications. Smoke detectors, trails, paths, such other improvements or types of improvements, the installation of which is necessary to ensure consistency and/or implementation of the general plan or any applicable specific plan, shall also be required.
J. 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 120 days of recording the final map, acquire by negotiation or commence condemnation of the land. If the city fails to meet the 120-day time limit, the condition for the construction shall be waived. Prior to approval of the final map, the city may require the subdivider to enter into an agreement to complete the off-site improvements at the time the city 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. 702 § 1 (part), 1991)
16.36.030 Deferred improvement agreements.
A. Subdivisions of 4 or Less Parcels.
1. 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 manager shall execute the agreement on behalf of the city. The agreement shall provide for the following:
a. Construction of improvements shall commence within 90 days of the receipt of the notice to proceed from the city and shall be completed within the time specified by Section 16.36.110;
b. 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 said cost and expense until paid;
c. 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;
d. That in the event of litigation occasioned by any default of the subdivider and/or owner, the prevailing party shall pay all costs involved, including reasonable attorney’s fees and that the same shall become a part of the lien against the real property;
e. That the terms subdivider and owner shall 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;
f. Any other improvement security as required by Section 16.36.090;
g. Any other provisions required by the city as reasonably necessary to effectuate the purposes and provisions of the Subdivision Map Act, this code, this title, the general plan and any applicable specific plan.
2. The agreement shall not relieve the subdivider or owner from any other specific requirements of the Subdivision Map Act, this code or law. The construction of deferred improvements shall conform to the provisions of this chapter and all applicable chapters of this code in effect at the time of construction.
B. Remainders. Where a remainder parcel 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 parcel at some future date and prior to the issuance of a permit or other grant of approval for the development of the remainder parcel. 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 parcel, upon a finding that fulfillment of the construction requirements is necessary for reasons of:
1. The public health and safety;
2. The required construction is a necessary prerequisite to the orderly development of the surrounding area;
3. The required construction is necessary to ensure consistency with/or implementation of the general plan, or any applicable specific plan. (Ord. 702 § 1 (part), 1991)
16.36.040 Design.
General: The design and layout of all required improvements, both on-site and off-site, private and public, shall conform to generally accepted engineering standards, standard engineering specifications, the Subdivision Map Act, applicable provisions of this code, the general plan and any applicable specific plan. (Ord. 702 § 1 (part), 1991)
16.36.050 Access.
A. All lots or parcels created shall have access to a public street improved to the standards set forth in this chapter. Private streets shall not normally be permitted. However, if the city council, in the case of subdivisions of 5 or more parcels, or the planning commission, in the case of subdivisions of 4 or less parcels, determines that the most logical development of the land requires that lots be created with access to private streets, such a development may be approved. The subdivider shall submit a development plan showing the alignment width, grade and material specifications of any proposed private street, the topography and means of access to each lot and the drainage, sewer and water service and fire protection for the lots served by such private street. The private street shall be constructed in accordance with standard engineering specifications and any other applicable plans and specifications of the city as approved by the city engineer. Construction of the private street shall be completed prior to the completion of the construction and/or occupancy of the lots. The subdivider shall be required to provide a feasible method for the maintenance of such private streets, which method shall be subject to the prior approval of the city engineer and city attorney.
B. If “flag” lots are approved as part of the subdivision, the requirements, including the improvements to the stem of the flag lots, shall be as described for private streets in the preceding paragraph. All lots or parcels created as part of a subdivision, shall have a minimum frontage at the front building setback line, on an approved public or private street as determined by the applicable zoning district.
C. Reserve strips or non-access at the end of streets or at the boundaries of subdivisions, shall be dedicated unconditionally to the city when required by the city. (Ord. 702 § 1 (part), 1991)
16.36.060 Hillside development standards.
All applications for a tentative subdivision map or a parcel map shall comply with the provisions of Chapter 14.33 (Hillside Development Standards) of this code. (Ord. 798 § 1, 1994: Ord. 702 § 1 (part), 1991)
16.36.070 Improvement plans.
A. General. Improvement plans shall be prepared under the direction of and signed by a registered civil engineer licensed by the state. Improvement plans shall include, but shall not be limited to, all improvements required pursuant to Section 16.36.020.
B. Form.
1. Plans, profiles and details shall be legibly drawn, printed or reproduced on 24-inch by 36-inch sheets. A border shall be made on each sheet providing 1/2 inch at top, bottom and right side and 1-1/2 inches on the left side.
2. A suitable title block shall be placed in the lower right corner or along the right edge and provide adequate space for approval by the city engineer and for approval of plan revisions.
3. Plans and profiles shall be drawn to a horizontal the scale of 1 inch equals 40 feet and a vertical scale of 1 inch equals 40 feet, unless approved otherwise by the city engineer. Details shall be drawn to such scale that clearly shows the facility being constructed. The scales for various portions of the plans shall be shown on each sheet.
4. A vicinity map shall be shown on the first sheet of all sets of plans.
5. A north arrow shall be shown on each sheet when applicable.
6. Plans shall be laid out to orient north to the top or right edge of the sheet unless approved otherwise by the city engineer.
7. All lettering shall be 1/8 inch minimum.
8. If the plans include 3 or more sheets, a cover sheet showing the streets, lots, easements, stormdrains, index and vicinity map shall be included.
9. The form of all plans shall conform to additional requirements as may be established by the city engineer. The final form of all plans shall be approved by the city engineer.
C. Contents. The improvement plans shall show complete plans, profiles and details for all required improvements to be constructed, both public and private, including common areas. Reference may be made to city or State Standard Plans in lieu of duplicating the drawings.
D. Supplementary Plans and Calculations. Hydrology, hydraulic plans and calculations, sanitary sewer plans and calculations, soils report, bond or other security estimates and any structural calculations as may be required shall be submitted with the improvement plans to the city engineer. All calculations shall be legible, systematic and signed and dated by a registered civil engineer licensed by the state and in a form approved by the city engineer.
E. Review by the City Engineer. The subdivider shall submit 3 sets of the improvement plans and all computations to the city engineer for review. As a part of city review, the city engineer shall transmit 1 set of the preliminary plans to the various city departments for review. Upon completion of the review, 1 set of the preliminary plans, with any required revisions indicated, will be returned to the subdivider.
F. Approval by the City Engineer.
1. After completing any required revisions, the subdivider shall transmit the originals of the improvement plans to the city engineer for signature.
2. Upon finding that any required revisions have been made and that the plans conform to all applicable city ordinances and plans, design requirements and conditions of approval of the tentative map, the city engineer shall sign and date the plans. The subdivider shall provide a reproducible set and 3 copies of plans, acceptable to the city engineer, for use by the city. The originals will be returned to the subdivider.
3. Approval of the improvement plans shall not be construed as approval of the natural gas, electric, telephone and cable television service construction plans.
4. Approval by the city engineer shall in no way relieve the subdivider or the subdivider’s engineer from responsibility for the design of the improvements and for any deficiencies resulting from the design or from any required conditions of approval of the tentative map.
G. Revision to Approved Plans.
1. By Subdivider. Requests by the subdivider for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the city engineer or authorized representative and shall be accompanied by revised drawings showing the proposed revision. If the revision is acceptable to the city engineer and consistent with the tentative map, the originals shall be submitted to the city engineer’s office for dating and initialing. The originals shall be returned to the subdivider and the revised plans shall be immediately transmitted to the city engineer. Construction of any proposed revision will not be permitted to commence until revised plans have been received and approved by the city engineer.
2. By City Engineer.
a. When revisions are deemed necessary by the city engineer to protect the public health and safety or as field conditions may require, a request in writing shall be made to the subdivider. The subdivider shall revise the plans and transmit the originals to the city engineer for initialing and dating within the time specified by the city engineer.
b. Upon receipt of the initialized and dated originals, the subdivider shall immediately transmit revised drawings to the city engineer. Construction of all or any portion of the improvements may be stopped by the city engineer until revised drawings have been submitted.
c. The subdivider may appeal revisions required by the city engineer to the city council by filing an appeal in writing with the city clerk within 10 days following receipt of the request to revise the plans.
3. Plan Checking and Inspection Costs for Revisions. 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 based on fees in effect at that time. A deposit, when required, shall be submitted with the revised plans and applied toward the fees. (Ord. 702 § 1 (part), 1991)
16.36.080 Improvement agreement.
The improvement agreement shall be prepared by the city engineer and approved in a form accepted by the city attorney. The agreement shall provide for:
A. Construction of all improvements required pursuant to Section 16.36.020, including any required off-site improvements, according to the approved plans and specifications on file with the city engineer;
B. Completion of improvements within the time specified by Section 16.36.110;
C. Right of the city to modify plans and specifications and to require the subdivider to pay for modifications;
D. Warranty by the subdivider that construction will not adversely affect any portion of adjacent properties;
E. Payment of inspection fees in accordance with the city’s resolution;
F. Payment of in-lieu fees for undergrounding of utilities on peripheral streets;
G. Payment of planned drainage and sanitary sewer facilities fees;
H. Improvement security as required by Section 16.36.090;
I. Maintenance and repair of any defects or failures and their causes;
J. 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;
K. Any other deposits, reimbursements, fees or conditions as required by city ordinance or resolution and as may be required by the city engineer;
L. Any other provisions required by the city as reasonably necessary to effectuate the purposes and provisions of the Subdivision Map Act and this code. (Ord. 702 § 1 (part), 1991)
16.36.090 Improvement security.
A. General. Any improvement agreement, contract or act required or authorized by the Subdivision Map Act or this title, for which security is required, shall be secured in accordance with Section 66499 et seq. of the Subdivision Map Act and as provided below. No final map or parcel map shall be signed by the city engineer or recorded until all improvements securities required by this section have been received and approved.
B. Form of Security. The form of security shall be 1 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 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 1 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 Subdivision Map Act.
C. Amount of Security. A performance bond or other security in the amount of 100 percent of the total estimated construction cost to guarantee the construction or installation of all improvements shall be required of all subdivisions. An additional amount of 50 percent of the estimated construction cost shall be required to guarantee payment to subdivider’s contractor, subcontractors, and to persons furnishing labor, materials or equipment for the construction or installation of improvements. As a part of the obligation guaranteed by the security and in addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorneys’ fees, incurred by the city in enforcing the obligations secured. The estimate of improvements costs shall be as approved by the city engineer and shall provide for:
1. Not less than 5 percent nor more than 10 percent of the total construction cost for contingencies;
2. Increase for projected inflation computed to the estimated midpoint of construction;
3. 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. Cash Bond. The subdivider shall deposit with the city not less than $1,000 cash for subdivisions of 4 or less parcels and $3,000 for other subdivisions or an additional amount as required by the city engineer, not to exceed 1 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 unexpended 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 1 year following completion and acceptance of the improvements. The amount of the warranty security shall not be less than 10 percent of the cost of the construction of the improvements, including the cash bond which shall be retained for the 1-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 work progresses upon application by the subdivider, but in no case shall the security be reduced to less than 10 percent 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 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 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 may, 6 months after the completion and acceptance of the improvements by the city, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the city council. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given.
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 12 months have elapsed since the acceptance of the improvements by the city. (Ord. 702 § 1 (part), 1991)
16.36.100 Construction and inspection.
A. The construction methods and materials for all improvements shall conform to the standard engineering specifications and all other standard plans and specifications of the city.
B. Construction shall not commence until all required improvement plans have been approved by the city engineer. All improvements are subject to inspection by the city engineer or authorized personnel in accordance with the city’s approved specifications. (Ord. 702 § 1 (part), 1991)
16.36.110 Completion of improvements.
A. Subdivisions of 5 or More Parcels. The improvements for subdivisions of 5 or more parcels shall be completed by the subdivider within 12 months, or such later time as approved by the city engineer, not to exceed 36 months, from the recording of the final map, unless an extension is granted by the city council. Should the subdivider fail to complete the improvements within the specified time, the city may, by resolution of the city council and at its option, cause any or all uncompleted improvements to be completed and the parties executing the security or securities shall be firmly bound for the payment of all necessary costs.
B. Subdivisions of 4 or Less Parcels. The completion of improvements for subdivisions of 4 or less parcels shall not be required until a permit or other grant of approval for the development of any parcel within the subdivision is applied for. The completion of the improvements may be required by a specified date by the city when the completion of the improvements are found to be necessary for public health or safety or for the orderly development of the surrounding area. This finding shall be made by the city engineer or authorized representative. The specified date, when required, shall be stated in the subdivision improvement agreement. Improvements shall be completed prior to final building inspection or occupancy of any unit within the subdivision.
C. Extensions.
1. The completion date may be extended by the city council, upon written request by the subdivider and the submittal of adequate evidence to justify the extension. The request shall be made prior to the expiration of the subdivision improvement agreement.
2. The subdivider shall enter into a subdivision improvement agreement extension with the city. 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 mayor shall execute the agreement on behalf of the city.
3. In consideration of a subdivision improvement agreement extension, the following may be required:
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.
4. The city council 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 costs incurred by the city in processing the agreement shall be paid by the subdivider at actual cost plus 25 percent of such cost for overhead expenses.
D. As-Built Plans. Upon completion of the improvements, the subdivider shall submit to the city engineer a reproducible set of as-built improvement plans and 2 sets of plans on microfilm. (Ord. 702 § 1 (part), 1991)
16.36.120 Acceptance of improvements.
A. General. With respect to all subdivisions, when all improvement deficiencies have been corrected and as-built improvement plans submitted, the completed subdivision improvements shall be considered by the city engineer for acceptance. Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that the public improvements have been accepted for public use. Occupancy of any building within the subdivision will not be granted by the city until such time the city engineer has determined that all the improvements required of the subdivision have been completed.
B. Acceptance. If the subdivision improvements have been accepted by the city engineer and public improvements have been dedicated on the final map or parcel map, the city clerk shall file an acceptance of public improvements with the county recorder.
C. Acceptance of a Portion of the Improvements. When requested by the subdivider in writing, the city engineer may consider acceptance of a portion of the improvements. Such improvements will be accepted by the city engineer only if the city engineer finds that it is in the public interest to do so and such improvements are for the use of the general public. Acceptance of a portion of the improvements shall not relieve the subdivider from any other requirements imposed by this chapter. (Ord. 873 § 2, 1997; Ord. 702 § 1 (part), 1991)
16.36.130 Issuance of building permits.
A. No building permit will be issued for the development of any lot within a subdivision until all improvements required of the subdivision are deemed substantially complete by the city engineer. “Substantially complete” means that all improvements required of the subdivision are complete with the exception of items which, by not being complete, do not pose a health or safety risk to the public, in the judgement of the city engineer.
B. An exception to subsection A of this section may be granted for building permits issued for model homes provided that all lot corners for the model home lots have been staked and pad elevations and compactions have been certified to the satisfaction of the city engineer, and all-weather access and water system capable of delivering adequate flows for fire suppression have been provided to the lots to the satisfaction of the fire marshal and city engineer. (Ord. 873 § 3, 1997)