Chapter 9.96
IMPROVEMENTS AND DEDICATIONS
Sections:
9.96.030 Improvements required.
9.96.040 City standards and designs.
9.96.050 Streets and highways right-of-way and roadway widths.
9.96.060 Street names and signs.
9.96.080 Alleys and public service easements.
9.96.110 Waiver of direct access rights.
9.96.120 Acceptance or rejection of dedication.
9.96.130 Improvement agreement.
9.96.140 Improvement security.
9.96.160 Acceptance of improvements.
9.96.010 Purpose.
The purpose of this division is to define, specify, regulate, and control the design and improvement of public works facilities, dedications, and offers of dedications, and other requirements imposed as conditions of the acceptance and approval of final maps, parcel maps, reversions to acreage, and all other procedures and processes wherein public improvements, improvement plans, and dedications are required as a condition precedent to official city approval either by the city engineer, planning commission, or city council. (Ord. 806 § 1, 2007).
9.96.020 General.
All improvements as may be required as conditions of approval of the tentative map or tentative parcel map or city ordinance, together with, but not limited to, the following public improvement requirements, shall be required of all divisions of land. All required improvements shall be constructed by the subdivider according to approved standards. No final map shall be presented to the city council or parcel map to the city engineer for approval until the subdivider either completes the required improvements or enters into an agreement with the city agreeing to do such work. (Ord. 806 § 1, 2007).
9.96.030 Improvements required.
The minimum public improvements which shall be required to be made or guaranteed under the provisions of this division shall be as follows:
A. The improvement of public and private streets to provide suitable access and circulation.
B. A sewerage system to provide adequate collection of wastes from each lot, parcel, building, or structure within the area being developed.
C. A water supply system capable of providing adequate water supply and fire protection for each lot, parcel, building, or structure within the area of development.
D. Storm drainage systems to provide the area with suitable protection against inundation, erosion, sedimentation, or damage to on- or off-site property.
E. A street lighting system.
F. Traffic control and warning signs, pavement striping and markings, all in conformance with the requirements of state law and the city engineer.
G. Installation of landscaping and irrigation facilities adjacent to or appurtenant to other public improvements.
H. Installation of underground utilities, including gas, telephone, cable TV, electrical, water, and sewer services.
Undergrounding requirements may be waived or modified by the city council for tentative tract maps or by the planning commission for tentative parcel maps, provided findings are made that:
1. The subdivision is within an area where existing utilities have not been undergrounded; and
2. Overhead utilities will have no significant visual impact.
Prior to the granting of a waiver of undergrounding utilities, the property owner shall agree, in a form acceptable to the city attorney, to waive his right to protest the establishment of an underground utility district if at some future date the city council determines the establishment of such a district would be in the best interest of the city.
I. Any other such requirements as needed to ensure conformity to or implementation of the city general plan. (Ord. 806 § 1, 2007).
9.96.040 City standards and designs.
All public improvements and construction required and described in this title shall conform to the standard plans and standard specifications of the city. The latest revised editions of the Los Angeles County public works department standard plans, together with the applicable provisions of the standard plans of the Los Angeles flood control district and the Los Angeles County engineer sanitation division, shall serve as the standard plans for the city except where the standards of this division may conflict with the provisions of such other standard plans, in which case the most restrictive standards shall take precedence. The applicable portions of the latest edition of the American Public Works Association “Standard Specifications for Public Works Construction” shall serve as the standard specifications.
The design and layout of all required public improvements shall conform to generally acceptable engineering standards, the above-specified standard plans and standard specifications, and to such standards as approved by the city engineer. (Ord. 806 § 1, 2007).
9.96.050 Streets and highways right-of-way and roadway widths.
Streets and highways shall substantially conform to the circulation element of the general plan or an adopted specific plan. Requirements may exceed general plan requirements at the request of the developer with concurrence of the city engineer. In the absence of a general plan or specific plan, or any standards contained therein, the street system shall relate in location and width to the existing streets in the area adjoining the development or project and shall conform to the following:
|
Type of Street/Highway |
Roadway Width (Feet) |
Road Width (Feet Between Curbs) |
|---|---|---|
|
Local Residential (Without Sidewalks) |
50 Min. |
36 Min. |
|
Local |
54 – 60 |
36 – 40 |
|
Local Collector |
60 – 84 |
40 Min. |
|
Secondary and Primary Arterials (Without Parking) |
80 – 100 |
64 – 84 |
|
Primary and Major Arterials (Without Parking) |
100 Min. |
84 Min. |
|
Special Sections |
See Below |
See Below |
Streets or highways not falling clearly into listed types or private streets with public service easements may have widths different than those listed as approved by the city engineer. (Ord. 806 § 1, 2007).
9.96.060 Street names and signs.
All new streets shall be named and all private streets within planned unit and planned residential developments shall be named. The names shall be chosen by the city, or by the subdivider or developer, subject to the review and approval of the city engineer. Street name signs and bearing block numbers shall be installed at intersections of all streets and highways and private named streets, and at such other locations designated by the city engineer. All street name signs shall conform to the standards as established by the city as to size, color, height, lettering, and other details. Fees to pay for the furnishing and installation of street name signs by city forces shall be collected from the developer or subdivider, unless otherwise approved by the city engineer. (Ord. 806 § 1, 2007).
9.96.070 Parkway trees.
Parkway trees shall be installed along all streets and highways. The trees shall be installed in the manner and shall conform to the size and species specified by the city engineer. In full-width sidewalks, tree wells shall be provided as required for the trees.
On streets adjacent to industrial, manufacturing, or planned residential zones, parkway trees may not be required, provided they are replaced by trees or other suitable landscaping planted on adjacent properties in conjunction with on-site landscaping. (Ord. 806 § 1, 2007).
9.96.080 Alleys and public service easements.
Alleys may be required on all sites zoned or to be used for commercial or multiple-family purposes when the lot layout, safety or access, provision of legal access or public service needs make such public access necessary. Where the lot is large, under single ownership, and the conditions applicable for public alleys are not present, a public service easement, improved to city standards, may be required in lieu of an alley. The purpose of said public service easement is to provide an easement for all public and private utilities, including cable TV, and to provide an access easement for all public service vehicles including, but not limited to, emergency vehicles, police patrol, fire inspection, and refuse collection trucks. The property owner may otherwise control access and shall be responsible for maintenance of the roadway improvements within said public service easement. Alleys or public service easements may be required at the rear of all property fronting directly upon major highways and secondary streets and may be required at other locations where necessary to prevent undue interference with traffic. Where alleys or public service easements intersect, the corners shall be provided with cut-offs to provide sight distance and to facilitate turning. Alley and public service easement dedications shall include the cut-off areas.
All alleys and public service easements shall be subject to determination by the city engineer as to design, alignment, width, and method of improvement, with the minimum width of any alley or public service easement being 20 feet. As a condition of tentative or final map approvals, existing alleys in need of reconstruction or upgrading, where determined by the city engineer, may be required to be reconstructed or upgraded, or in lieu thereof a reasonable cash deposit in the amount of the estimated cost of improvement shall be deposited with the city engineer. (Ord. 806 § 1, 2007).
9.96.090 Improvement plans.
A. General. Improvement plans shall be prepared under the direction of and signed by a registered civil engineer licensed by the state of California. Improvement plans shall include, but not be limited to, grading, storm drains, landscaping, streets, and related facilities.
B. Form. 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 one-half inch at the top, bottom, and right side and one and one-half inches on the left side. The plan shall include the following information:
1. 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.
2. Plans and profiles shall be drawn to the scale of one inch equals 40 feet or larger unless approved by the city engineer. Details shall be drawn to such scale as clearly shows the facility being constructed. The scales for various portions of the plans shall be shown on each sheet.
3. A vicinity map shall be shown on the first sheet of all sets of plans.
4. A north arrow shall be shown on each sheet when applicable.
5. Plans shall be laid out to orient north to the top or right edge of the sheet unless approved otherwise by the city engineer.
6. All lettering shall be one-eighth inch minimum.
7. If the plans include three or more sheets, a cover sheet showing the streets, lots, easements, storm drains, index and vicinity map shall be included.
The form of all plans shall conform to such additional requirements as may be established by the city engineer. The final form of all plans shall be as 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 the city of Bell Gardens, county of Los Angeles, and state standard plans in lieu of duplicating the drawings thereon.
D. Supplementary Plans and Calculations. Hydrology, hydraulic plans and calculations, bond 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 of California and in a form as approved by the city engineer.
E. Review by the City Engineer. The subdivider shall submit two sets of improvement plans and two copies of all computations to the city engineer for review. Upon completion of his review, one set of the preliminary plans, with the required revisions indicated thereon, will be returned to the subdivider’s engineer.
Upon finding that all required revisions have been made and that the plans conform to all applicable city ordinances, design review requirements and conditions of approval of the tentative map or tentative parcel map, the city engineer shall sign and date the plans. The originals will be returned to the subdivider’s engineer.
Approval by the city engineer shall in no way relieve the subdivider or his engineer from responsibility for the design of the improvements and for any deficiencies resulting from the design thereof or from any required conditions of approval for the tentative map or tentative parcel map. (Ord. 806 § 1, 2007).
9.96.100 Dedications.
As a condition of approval of a final map or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets and alleys, including access rights and abutters’ rights, drainage, public green ways, scenic easements, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters’ rights, drainage, public utility easements, and other public easements. (Ord. 806 § 1, 2007).
9.96.110 Waiver of direct access rights.
The city may require as a condition of approval of a tentative map that dedications or offers of dedication of streets include a waiver of direct access rights to any such street from any property within or abutting the subdivision.
Upon acceptance of the dedication, such waiver shall become effective in accordance with its provisions. (Ord. 806 § 1, 2007).
9.96.120 Acceptance or rejection of dedication.
A. By Tract Map. At the time of final map acceptance and approval by the city council, the council may accept, accept subject to improvement, or reject any or all dedications or offers of dedication. The city clerk shall certify on the map the action by the council. If at the time the map is approved any dedications for streets, paths, alleys, or other purpose are rejected, the offer of dedication made by the owners shall remain open, and the city council may, by resolution at any later date and without further action by or notice to the subdivider, rescind its action and accept and open the streets, paths, alleys, or other dedications and easements for public use, which resolution of acceptance shall be recorded with the county recorder.
B. By Parcel Map or Separate Instrument. If dedications are offered on the title sheet of a parcel map, then they may be accepted or rejected by the city engineer in the same manner as outlined in subsection (A) of this section. If dedications are made by separate instrument to the city, they shall be accepted as required by Section 27281 of the Government Code and shall thereupon be delivered to the county recorder for recordation. (Ord. 806 § 1, 2007).
9.96.130 Improvement agreement.
The construction of all public improvements required as a condition of the approval of a tract map or a parcel map, or required as the condition of approval of a reversion to acreage or a certificate of compliance, shall be guaranteed by the execution of a suitable agreement, in a form prescribed herein and approved by the city attorney. All such agreements shall contain the terms and conditions to be met by the subdivider, developer, or permittee, and shall specify a reasonable time in which to construct the improvements or perform the requirements and obligations of the agreement. The time allowed for the completion of the work shall be as specified by the city engineer and shall depend upon the amount and complexity of the work involved, the type of development, and any other facts he may deem important. All agreements shall be executed by the owner, developer, or the subdivider of the property or land being divided or developed. The signatures shall be acknowledged before a notary public and the agreements shall be accompanied by evidence substantiating the signer’s position, title, and authority to bind the person, company, partnership, corporation, joint venture, or other entity to the actions and obligations contained in the agreement. Prior to the expiration of the time allowed by the agreement in which to perform or complete the obligations contained therein, the subdivider, owner, or developer who executed the agreement may require in writing that the city engineer extend the term of the agreement. The written request shall contain the reasons for the requested additional time, the length of the additional time requested and any other data deemed necessary or informative. The request shall be accompanied with written concurrence from the surety or bonding company whose bonds or securities were posted as a guarantee of the performance of the agreement, and a statement from the surety that they agree with, and have no objection to, the extension of time as requested by the agreement principal. Upon consideration of the written request and the evidence presented, the request shall be acted upon and shall be either approved, rejected, or modified. The request for extension may be handled at the staff level with written approval of the action by the city manager, or if the city engineer feels the matter is of special interest or of unusual importance, he may place the request before the city council for their consideration. (Ord. 806 § 1, 2007).
9.96.140 Improvement security.
A. General. Any improvement agreement, contract, or act required or authorized by the Map Act, for which security is required, shall be secured in accordance with Section 66499 of the Government Code and as provided herein.
No final map or parcel map shall be signed by the city engineer or recorded until all improvement securities required by this section have been received and approved.
B. Form of Security. The form of security shall be one or a combination of the following at the option of and subject to the approval of the city:
1. Bond or bonds by one or more duly authorized corporate sureties.
2. 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 monies.
3. 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, or a letter of credit issued by such a financial institution.
The provisions of the bond or bonds shall be in accordance with Sections 66499.1 and 66499.2 of the Map Act.
C. Amount of Security. 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 costs 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.
Improvement securities shall be in the amount of the total estimated cost of all the required improvements and conditions, which amount shall include an amount equal to 10 percent of the total estimated cost for the purpose of securing payment to the city for its costs for overhead, administration, and other costs and expenses pertaining to the subdivision, division, or project.
D. 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 against any defective work or labor done or materials furnished. The warranty period shall extend for one year following the completion and acceptance of improvements. The amount of the warranty security shall not be less than 50 percent of the cost of the construction of the improvements, including the cash bond, which shall be retained for the one-year warranty period.
E. 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 the work progresses upon application by the subdivider, but in no case shall the security be reduced to less than 50 percent of the total improvement security given for faithful performance. The amount of reduction of the security shall be as determined by the city engineer; however, 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 division, the Map Act, or the improvement agreement.
F. Release of Improvement Securities.
1. Performance Security. The performance security shall be released only upon acceptance of the improvement by the city and when an approved warranty security has been filed with the city engineer.
2. Material and Labor Security. Security given to secure payment to the contractor, his or her subcontractors, and to persons furnishing labor, materials, or equipment may, after passage of the time and acceptance of the improvements by the city council, be reduced to an amount equal to the amount of all claims theretofore filed, and of which has been given to the city council, together with the estimated cost of administering and releasing said funds, including estimated reasonable attorney fees. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given. (Ord. 806 § 1, 2007).
9.96.150 Construction.
Construction shall not commence until required improvement plans have been approved by the city engineer.
A. General. All improvements are subject to inspection and testing by the city engineer or authorized personnel in accordance with the standards and specifications specified and required by this division.
B. Pre-Construction Conference. Prior to commencing any construction, the developer shall arrange for a pre-construction conference with the city engineer or his authorized personnel.
C. The city engineer and his authorized representatives shall have the right to stop any work, refuse to inspect any work, or reject any or all work and construction if it is found that the work is unauthorized, is unsafe in any way to the workmen or the public, is inferior in materials or workmanship, was performed without inspection, or does not meet or comply with the city standards, specifications, or city-approved construction plans.
D. All work and improvements must be found to conform to the specified standards and specifications as a condition of the city’s acceptance of them and the release of any improvement securities held therefor. (Ord. 806 § 1, 2007).
9.96.160 Acceptance of improvements.
When all improvement deficiencies have been corrected and as-built improvement plans filed, the subdivision improvements shall be considered for acceptance by the city. Divisions of land by tract map shall be responsible for the acceptance of divisions of land by parcel map, reversions to acreage, or certificates of compliance.
Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use.
When requested by the subdivider in writing, the city may consider acceptance of a portion of the improvements as recommended by the city engineer. The city will accept the improvements only if it finds that it is in the public interest and such improvements are for the use of the general public.
Acceptance of a portion of the improvements shall not relieve the developer from any other requirements imposed by this division. (Ord. 806 § 1, 2007).