Chapter 16.16


16.16.010    General.

16.16.020    Improvements noted on parcel map.

16.16.030    Standards for improvements.

16.16.040    Improvement agreement.

16.16.050    Completion of improvements for subdivisions of four or less parcels.

16.16.060    Completion of improvements for subdivisions of five or more parcels.

16.16.070    Form of security.

16.16.080    Agreement – Requirements.

16.16.090    Amount of security.

16.16.100    Warranty security.

16.16.110    Reduction in performance security.

16.16.120    Release of improvement securities.

16.16.130    Construction.

16.16.140    Construction inspection.

16.16.150    Final inspection and deficiency list.

16.16.160    Acceptance of improvements.

*    For statutory provisions on improvements for subdivisions of less than five lots, see Government Code § 66411.1; for provisions on improvement security, see Government Code § 66499 et seq.

16.16.010 General.

A. The subdivider shall construct all required improvements both on- and off-site according to approved standards specified in FMC 16.16.030.

B. No final map shall be presented to the council or parcel map to the public works director for approval until the subdivider either completes the required improvements, or enters into an agreement with the city agreeing to do such work. (Ord. 79-426 § 6.01).

16.16.020 Improvements noted on parcel map.

A. Requirements for construction of on-site and off-site improvements for subdivisions of four 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, as determined by the planning commission. In addition, the parcel map instrument of waiver, or separate recorded instrument referenced thereto, shall contain a statement to the effect that no permit or other grant of approval for the development of any of the lots in the subdivision can be issued or granted until the improvements are completed, or until an improvement agreement is entered into with the city.

B. Completion of improvements shall be in accordance with FMC 16.12.040, 16.16.050 and 16.16.060. (Ord. 79-426 § 6.02).

16.16.030 Standards for improvements.

For any map or land division the standards for required improvements shall be those stated in the standard improvement specifications as prepared by the city engineer, recommended by the planning commission and adopted by the city council by resolution. (Ord. 79-426 § 6.03).

16.16.040 Improvement agreement.

If the subdivision improvements have not been completed prior to filing the final map, parcel map or instrument of waiver, the owner or owners of the subdivision shall enter into an agreement with the city agreeing to have the required improvements completed and post security in accordance with FMC 16.16.070. (Ord. 79-426 § 6.04).

16.16.050 Completion of improvements for subdivisions of four or less parcels.

The completion of the improvements may be required by a specified date by the city when the completion of such improvements is 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 planning commission or authorized representative. Such specified date, when required, shall be stated in the subdivision improvement agreement before acceptance of the improvements. As-built drawings shall be filed with the city unless specifically waived by the public works director. (Ord. 79-426 § 6.05).

16.16.060 Completion of improvements for subdivisions of five or more parcels.

A. The subdivision improvements shall be completed by the developer within 12 months, or such time as approved by the city engineer or public works director, not to exceed a period of 18 months, from the recording of the final map unless an extension is granted by the city council.

B. Should the subdivider fail to complete the improvements within the specified time, the city may by resolution of council, and at its option, cause any or all uncompleted improvements to be completed, and the parties executing the surety or sureties shall be firmly bound for the payment of all necessary costs therefor before the acceptance of the improvements. As-built drawings shall be filed with the city unless specifically waived by the public works director. (Ord. 79-426 § 6.06).

16.16.070 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:

A. Bond or bonds by one or more duly authorized corporate sureties;

B. A deposit, either with the local agency 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;

C. An instrument 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;

D. A lien upon the property to be divided, created by contract between the city council and the owner, if the city finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map;

E. Any form of security, including security interests in real property which is acceptable to the city council. (Ord. 79-426 § 6.06).

16.16.080 Agreement – Requirements.

The agreement shall be prepared and signed by the public works director and approved as to form by the city attorney. The agreement shall provide for:

A. Construction of all improvements per the approved plans and specifications;

B. Completion of improvements within the time specified by FMC 16.12.040, 16.16.050 and 16.16.060;

C. Right by city to modify plans and specifications;

D. Warranty by subdivider that construction will not adversely affect any portion of adjacent property;

E. Payment of inspection fees in accordance with the city’s resolution establishing fees and charges;

F. Payment of in-lieu fees for parkland dedication, if required;

G. Payment of drainage district or area fees, if required;

H. Improvement security as required by FMC 16.16.090;

I. Maintenance and repair of any defects or failures and causes thereof;

J. Release of the city from all liability incurred by the development, and payment of all reasonable attorney’s fees that the city may incur because of any legal action arising from the development;

K. Any other deposits, fees or conditions as required by city ordinance or resolution and as may be required by the public works director;

L. Maintenance provisions for private roads in the subdivision. (Ord. 79-426 § 6.07).

16.16.090 Amount of security.

A. A performance bond or security in the amount of 100 percent of the 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 the payment to the subdivider’s contractor, subcontractors, and to persons furnishing labor, materials or equipment for the construction or installation of improvements.

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

1. Not less than five 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;

4. Setting of all street monuments and property corners as set forth on the final map. (Ord. 79-426 § 6.08).

16.16.100 Warranty security.

Upon acceptance of the subdivision improvements by the city council, the subdivider shall provide security in the amount as required by the city engineer to guarantee the improvements throughout the warranty period of one year from the date of acceptance by the city of the subdivision improvements. (Ord. 79-426 § 6.09).

16.16.110 Reduction in performance security.

A. 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.

B. No such release shall be for an amount less than 10 percent of the total improvement security given for faithful performance and that the security shall not be reduced to an amount less than 50 percent of the total improvement security given for faithful performance. 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 improvements and any other obligation imposed by this title, the Subdivision Map Act, or the improvement agreement. (Ord. 79-426 § 6.10).

16.16.120 Release of improvement securities.

A. Performance Security. The performance security shall be released only upon acceptance of the improvement by the city council and on an approved warranty security that has been filed with the city engineer.

B. Material and Labor Security. Security given to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment may, six months after the completion and acceptance of the improvements by the city 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 council. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

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

1. All deficiencies appearing on the final deficiency list for the subdivision have been corrected;

2. Not less than 12 months have elapsed since the acceptance of the improvements by the city council. (Ord. 79-426 § 6.11).

16.16.130 Construction.

A. The construction methods and materials for all improvements shall conform to the standard specifications of the city as adopted by council resolution. The general provisions of the city’s standard specifications shall apply to the developer where applicable.

B. Construction shall not commence until required improvement plans have been approved by the city engineer. (Ord. 79-426 § 6.12).

16.16.140 Construction inspection.

All improvements are subject to inspection by the city engineer or authorized personnel in accordance with the city’s standard specifications. (Ord. 79-426 § 6.13).

16.16.150 Final inspection and deficiency list.

A. Upon completion of the subdivision improvements, the developer shall apply in writing to the city engineer for final inspection. The city engineer or authorized representative shall schedule a preliminary final inspection.

B. 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 city engineer or authorized representative.

C. When the preliminary final inspection has been completed, a copy of the deficiency list shall be transmitted to the developer for correction.

D. Upon having completed all corrections or additional work as outlined by the deficiency list, the developer shall request a final inspection. The city engineer or authorized representative shall then make a final inspection.

E. Upon finding that all items on the deficiency list have been corrected and receipt of as-built improvement plans, the subdivision shall be placed on the council agenda for acceptance.

F. The completion of corrections indicated by the deficiency list shall not relieve the developer from the responsibility of correcting any deficiency not shown on the list that may be subsequently discovered. (Ord. 79-426 § 6.14).

16.16.160 Acceptance of improvements.

A. When all improvement deficiencies have been corrected, and as-built improvement plans filed, the subdivision improvements shall be considered by the city council for acceptance.

B. Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use. (Ord. 79-426 § 6.15).