Chapter 19.36
COMPLETION OF IMPROVEMENTS
Sections:
19.36.010 Improvement Agreements (California Government Code Section 66462).
19.36.030 Improvement Security (California Government Code Section 66499 et seq.).
19.36.050 Inspection and Acceptance of Improvements.
19.36.060 Release of Security (California Government Code Section 66499.7).
19.36.070 Forfeiture of Security.
19.36.010 Improvement Agreements (California Government Code Section 66462).
No final map shall be signed by the City Engineer or recorded until required improvements are completed or an improvement agreement is executed and all required securities are received and approved by the City Council in accordance with this chapter. (Ord. 2023-22 § 832, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.36.020 Acquisition of Land for Off-site Improvements (California Government Code Section 66462.5).
If a 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, acquisition of land or right-of-way for such improvements shall be carried out in accordance with California Government Code Section 66462.5. (Ord. 2023-22 § 833, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.36.030 Improvement Security (California Government Code Section 66499 et seq.).
Improvement security shall be in a form as prescribed by California Government Code Section 66499. The amount of security shall include all of the following:
A. Performance Security. One hundred (100) percent of the total estimated improvement construction cost to guarantee the construction or installation of all improvements.
B. Material and Labor Security. An additional amount of between fifty (50) percent and one hundred (100) percent, as determined by the City Engineer, of the total estimated improvement construction cost to guarantee payment to the subdivider’s contractor, subcontractors and persons supplying material, labor or equipment for the construction or installation of improvements.
C. Warranty Security. An additional amount, as determined by the City Engineer, necessary to warranty the improvement construction for a period of one year following City acceptance thereof against any defective work or materials.
D. Additional Security. If the improvement security is other than a bond or bonds furnished by a duly authorized corporate surety, an additional security amount shall be provided as determined by the City Engineer necessary to cover the cost and reasonable expenses and fees, including reasonable attorneys’ fees, which may be incurred by the City in successfully enforcing the obligation secured. (Ord. 2023-22 § 834, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.36.040 Reduction of Security With Special Assessments (California Government Code Section 66499.5).
In the event that the required subdivision improvements are financed and installed pursuant to special assessment proceedings, the subdivider may apply to the City Council for a reduction in the amount of the improvement security required by this chapter up to an amount corresponding to the amount of faithful performance and labor and material bonds required by the special assessment act being used. The City Council may grant such reduction if it finds that such bonds have been in fact provided and that the obligations secured thereby are substantially equivalent to that required by this chapter. (Ord. 2023-22 § 835, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.36.050 Inspection and Acceptance of Improvements.
A. Construction Commencement and Inspection. Construction of improvements 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 other authorized City personnel. Construction methods and materials for all improvements shall conform to accepted engineering practices and the City’s design criteria.
B. Acceptance of Improvements. Subdivision improvements shall be accepted by the City only upon the City Engineer’s determination that such improvements have been constructed satisfactorily in accordance with approved plans. When requested by the subdivider in writing, the City Engineer may consider acceptance of a portion of the subdivision improvements. Such improvements shall be accepted only if the City Engineer finds that such improvements are necessary for public use. Acceptance of a portion of improvements shall not relieve the subdivider from completing the full subdivision improvements nor from satisfying any other requirements of this chapter. (Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.36.060 Release of Security (California Government Code Section 66499.7).
Security provided in accordance with this chapter shall be released pursuant to the provisions of California Government Code Section 66499.7. (Ord. 2023-22 § 836, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.36.070 Forfeiture of Security.
Upon the failure of a subdivider to complete all improvements within the time specified in an improvement agreement or extension thereof, the City Council may, upon notice in writing of not less than twenty (20) days served by registered or certified mail, determine that the subdivider is in default. The Council may then cause the improvement security or such portion thereof as is necessary to complete the work or any other obligations of the subdivider to be forfeited to the City. (Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)