Chapter 16.32 IMPROVEMENTS

The subdivider, his engineer and his contractor shall develop plans and complete all improvement work under this chapter in accordance with the provisions of this title and to the approval of the superintendent of streets. (Ord. 145 § 4, 1983; Ord. 72 § 28(a), 1973)

16.32.020 Conformity with standard specifications.

All improvements mentioned in this chapter shall conform to those required in the “Standard Subdivision Improvement Specifications” prepared by the superintendent of streets and adopted by the city council, copies of which are on file in the office of the city clerk and the superintendent of streets. (Ord. 145 § 4, 1983; Ord. 72 § 28(b), 1973)

16.32.030 Plans and profiles.

Improvement work shall not be commenced until plans and profiles for such work have been submitted to and approved by the superintendent of streets. Such plans shall be required before approval of the final maps. All such plans and profiles shall be prepared in accordance with requirements of the superintendent of streets. Duplicate tracings on drafting film shall be filed with the superintendent of streets. (Ord. 145 § 4, 1983; Ord. 72 § 28(c), 1973)

16.32.040 Notification of superintendent of streets.

Improvement work shall not be commenced until the superintendent of streets has been notified in advance, and if work has been discontinued for any reason, it shall not be recontinued until the superintendent of streets has been notified. (Ord. 145 § 4, 1983; Ord. 72 § 28(d), 1973)

16.32.050 Inspection – Costs.

All required improvements shall be constructed under the inspection of and to the approval of the superintendent of streets. Cost of inspection shall be paid by the subdivider on an hourly basis, but not to exceed two percent of the cost of the improvement work. (Ord. 145 § 4, 1983; Ord. 72 § 28(e), 1973)

16.32.060 Agreement and security for improvements.

A. Upon the approval by the city council of the final map, the subdivider shall execute and file an agreement between himself and the city, specifying the period within which he or his agent or contractor shall complete all improvement work to the satisfaction of the superintendent of streets, and providing that if he shall fail to complete such work within such period the city may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall also provide for inspection of all improvements by the superintendent of streets on an hourly basis, but not to exceed two percent of the cost of the improvement work, and reimbursement of the city by the subdivider for the cost of such inspection. Such agreement may also provide:

1. For the construction of the improvements in units;

2. For an extension of time under conditions therein specified;

3. For the termination of the agreement upon the completion of proceedings under an assessment district for the construction of improvements deemed by the superintendent of streets to be at least the equivalent of the improvements specified in the agreement and required to be constructed by the subdivider; and

4. For progress payment.

B. The subdivider shall also file with the agreement, to assure his full and faithful performance thereof, security for such sum as is by the superintendent of streets deemed sufficient to cover the cost of the improvements, engineering, inspection and incidental expenses and to cover replacement and repair of existing streets and other improvements damaged in the development of the subdivision. Such security shall be as provided in EMC 16.32.070 through 16.32.110. (Ord. 145 § 4, 1983; Ord. 72 § 28(f), 1973)

16.32.070 Security – Conformance required.

Any improvement agreement, contract or act required or authorized by the Subdivision Map Act, for which security is required, shall be secured in accordance with Section 66499 of the Government Code as provided in this title. (Ord. 145 § 4, 1983; Ord. 72 § 28(f.1), 1973)

16.32.080 Security – Required.

Whenever this title authorizes or requires the furnishing of security in connection with the performance of any act or agreement, the security shall be one of the following, at the option of, and subject to the approval of, the city council, subject to the advice and consent of the city attorney:

A. A subdivision bond or bonds issued by one or more duly authorized corporate sureties;

B. 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;

C. An instrument of credit from one or more financial institutions subject to regulation by the state or federal government pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment;

D. A bond or bonds to secure the faithful performance or for the security of laborers and materialmen shall be in substantially the form prescribed by Sections 66499.1 or 66499.2 of the Subdivision Map Act, respectively. (Ord. 145 § 4, 1983; Ord. 72 § 28(f.2), 1973)

16.32.090 Security – Amount.

A. The improvement security shall be in the amounts set forth as follows:

1. An amount which equals 100 percent of the total estimated cost of the improvement or of the act to be performed, conditioned upon the faithful performance of the act or agreement;

2. An additional amount which equals 100 percent of the total estimated cost of the improvement or performance of the required act, securing payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment to them for the improvement of the performance of the required act;

3. An amount determined by the superintendent of streets necessary for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done or materials furnished.

B. If the improvement security is other than a bond or bonds furnished by duly authorized corporate surety, an additional amount shall be included as determined by the city council as necessary to cover the cost and reasonable expenses and fees, including reasonable attorney’s fees, which may be incurred by the city in successfully enforcing the obligation secured.

C. The improvement security shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed 10 percent of the original estimated cost of the improvement. (Ord. 145 § 4, 1983; Ord. 72 § 28(f.3), 1973)

16.32.100 Security – Special assessment proceeding.

In the event 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 under this chapter up to an amount corresponding to the amount of faithful performance and payment bonds required of the contractor by the special assessment act being used. The city council may grant the reduction if it finds that the bonds have been in fact provided and that the obligations secured thereby are substantially equivalent to that required by this title. (Ord. 145 § 4, 1983; Ord. 72 § 28(f.4), 1973)

16.32.110 Security – Release.

The improvement security required under this chapter shall be released in the following manner:

A. Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work subject to the provisions of subsection (B) of this section.

B. The city council may release a portion of the security in conjunction with the acceptance of the performance of the act or work as it progresses upon application therefor by the subdivider. No such release shall be for an amount less than 25 percent of the total improvement security given for faithful performance of the act or work. Security shall not be reduced to an amount less than 50 percent of the total improvement security given for faithful performance until final completion and acceptance of the act or work. In no event shall the city council authorize a release of the improvement security which would reduce the security to an amount below that required to guarantee the completion of the act or work and any other obligation imposed by this title, the Subdivision Map Act, or the improvement agreement.

C. Security given to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment may, six months after the completion an acceptance of the act or work, 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, plus an amount reasonably determined by the city engineer to be required to assure the performance of any other obligations secured thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

D. No security given for the guaranty or warranty of work shall be released until the expiration of the period thereof. (Ord. 145 § 4, 1983; Ord. 72 § 28(f.5), 1973)

16.32.120 Security – Reimbursement to city.

In the event the subdivider shall fail to complete all improvement work in accordance with the provisions of this title and the city shall have completed the same, or if the subdivider shall fail to reimburse the city for the cost of inspection, engineering, and incidental expenses, and to cover cost of replacement and repair of existing streets, or other improvements damaged in the development of the subdivision, the city shall call on the surety or other security for reimbursement or shall appropriate from any cash deposits funds for reimbursement. In any such case, if the amount of surety bond, bonds, instruments, or cash deposit shall exceed all cost and expense incurred by the city, it shall release the remainder of such bond or cash deposit, and if the amount of the surety bond, bonds, instruments or cash deposit or certification shall be less than the cost and expense incurred by the city, the subdivider shall be liable to the city for such difference. (Ord. 145 § 4, 1983; Ord. 72 § 28(f.6), 1973)

16.32.130 Security – Extension of time.

No extension of time progress payments from any security or certification shall be made, except upon certification by the superintendent of streets that work covered thereby has been satisfactorily completed and approval of the city council. (Ord. 145 § 4, 1983; Ord. 72 § 28(g), 1973)

16.32.140 Changes required by director of public works.

The subdivider shall install improvements in accordance with the general requirements set forth in this title; provided, that the director of public works may require changes in typical sections and details if unusual conditions arise during construction to warrant such change in the interests of the city; such changes to be at the expense of the subdivider. (Ord. 72 § 28(h), 1973)

16.32.150 Streets and highways.

All streets and highways shall be graded and surfaced to cross-sections and grades approved by the director of public works. The subdivider shall improve the extension of all subdivision streets, highways or public ways to the intercepting paving line of any county road, city street or state highway. (Ord. 72 § 28(i), 1973)

16.32.160 Structures.

Structures shall be installed as deemed necessary by the director of public works for drainage, access or public safety. Such structures shall be placed to grades and shall be of a design approved by the director of public works. (Ord. 72 § 28(j), 1973)

16.32.170 Driveway approaches.

There shall be no more than one driveway approach for each 50 feet of lot width at a property line adjacent to a public right-of-way for any lot intended to be developed for single-family or two-family use. A multiple-family lot may have one driveway approach for each 15 living units; provided, that such approaches do not exceed the standard city width and do not occupy more than 60 percent of the property line adjacent to a public right-of-way. In all cases a multiple-family lot may have at least two standard width driveway approaches provided the lot exceeds 60 feet in width. (Ord. 72 § 28(k), 1973)

16.32.180 Sewers.

Sanitary sewer facilities connecting with the existing city sewer system shall be installed to curbline to serve each lot and to grades, locations, design and sizes approved by the director of public works. No septic tanks or cesspools shall be permitted. No sewer main shall be less than six inches and with one manhole at each intersection and no more than 500 feet apart. (Ord. 72 § 28(l), 1973)

16.32.190 Storm drains.

A. Underground Systems. Storm waters shall be carried in underground systems when the flow requires a 48-inch (inside diameter) or less pipeline. The system shall be designed on the basis of criteria for a 10-year storm, calculated on the basis of practice found to be suitable for a particular area, and shall be totally carried in the underground system with the hydraulic gradient in curb inlets maintained at least one foot below top of curb.

B. Pipe Size. The minimum size of pipe in the public right-of-way shall be 12 inches.

C. Velocity. All new storm drains shall be designed to maintain a minimum velocity of flow of two feet per second, when flowing one-quarter full.

D. Inlets. Curb inlets shall be installed at intersections and at intermediate points when the gutter flow for the design storm exceeds the top of curb for a minimum grade and when the gutter flow is higher than three inches below top of curb for 15 percent grades. Valley gutters will normally be allowed across a cul-de-sac or low traffic volume street intersections only.

E. Manholes. A standard manhole shall be constructed at all pipe intersections, change in pipe size, abrupt change in horizontal and vertical alignment and at least every 460 feet for pipes between 12 inches and 30 inches in diameter, 750 feet maximum for pipes for 23 inches to 59 inches in diameter. (Ord. 72 § 28(m), 1973)

16.32.200 Water mains and fire hydrants.

Water mains and fire hydrants shall be designed, laid out, located and installed as directed by the director of public works. (Ord. 72 § 28(n), 1973)

16.32.210 Street signs.

Street signs shall be installed by the subdivider and shall be of a type approved by the director of public works and installed in locations approved by him. (Ord. 72 § 28(o), 1973)

16.32.220 Permanent monuments.

A. Permanent monuments shall be set at all angle and curve points on the exterior boundaries of the subdivision, in all street intersections, at all angle points of street lines and at all curve points, both simple and compound, of street lines. Monuments in street intersections and at angle and curve points of street lines shall be set on street centerlines, unless otherwise directed by the director of public works; provided, however, that such permanent monuments need not be set at angle and curve points on the exterior boundaries of the subdivision, when such points are distant 400 feet or less from another such permanent monument; such distance for 400 feet or less to be measured along the exterior boundary.

B. A permanent monument shall not be less substantial and enduring than a rich portland cement concrete post at least six inches in diameter by 30 inches long with a noncorroding metal marker imbedded in the top thereof bearing the exact marked point thereon and otherwise conforming to law. Such permanent monument shall be set in ground, upright, with the metal marker two feet below the finished street grade, by excavating a hole and pouring the same full of concrete. When streets are required to be paved, the location of such monument and access thereto shall be given by a suitable concrete or cast iron sliding sleeve surmounted by a circular cast iron frame and lid at street surface. In case the monument is not on a street the metal marker shall be set not less than 12 inches below finished grade.

C. The engineer or surveyor shall also set at all lot corners and at all curve points on lot boundary lines a marker not less substantial and enduring than a steel pin five-eighths inches in diameter by 18 inches long with a noncorroding metal surface approximately one inch in diameter on the head thereof driven flush with the existing ground surface and marked at the exact point.

D. Whenever lot corners are adjacent to existing concrete sidewalks or sidewalks to be constructed as part of the improvements, brass pins driven into the sidewalk on lot lines in a manner acceptable to the director of public works may be installed in lieu of steel pins on the front lot corners. (Ord. 72 § 28(p), 1973)

16.32.230 Bench marks.

A. Permanent elevation bench marks of a type approved by the director of public works and referred to the city datum shall be set at each street intersection in the curb return or other location approved by the director of public works.

B. Any monument or bench mark as required by this section that is disturbed or destroyed before acceptance of all improvements shall be replaced by the subdivider.

C. Monuments and bench marks shall be set before acceptance of the improvements by the city council, unless exception is recommended by the director of public works and approved by the city council. (Ord. 72 § 28(q), 1973)

16.32.240 Report and map to be filed.

A map showing all subdivision improvements as built shall be filed with the director of public works upon completion of such improvements, together with a final written report on all such improvements. (Ord. 72 § 28(r), 1973)

16.32.250 Field notes.

Complete field notes, in a form satisfactory to the director of public works, showing references, ties, locations, elevations and other necessary data relating to monuments and bench marks set in accordance with the requirements of this chapter shall be submitted to the director of public works to be retained by the city as a permanent record. (Ord. 72 § 28(s), 1973)