Chapter 17.24
IMPROVEMENTS
Sections:
17.24.070 Street Improvements.
17.24.080 Drainage improvements.
17.24.100 Sanitary sewer facilities.
17.24.110 Grading improvements.
17.24.140 Security for improvements.
17.24.150 Plan checking fee and inspection.
17.24.160 Construction inspection fees.
17.24.010 Generally.
The land divider shall construct or agree to construct all of the improvements as specified in this title and such other structures or improvements as may be required by ordinance or deemed by the city to be necessary for the use of the general public, owners in the land division, and local neighborhood. No certificate of use and occupancy will be issued on any structure until all required improvements have been completed or a guarantee has been received by the city for all off-site improvements:
(1) All of the required fees shall be paid and all of the required improvements shall be constructed or an agreement, along with the appropriate security, shall be entered into with the city for their construction prior to the recordation of the tract map.
(2) All of the required fees shall be paid prior to the recordation of parcel map. All of the required improvements, within or adjacent to each lot or parcel of the minor land division, shall be constructed as a requirement of the building permit for that lot or parcel.
The city council reserves the right to require a portion or all of the required improvements to be constructed or an agreement, along with the appropriate security, shall be entered into with the city for their construction prior to the recordation of the parcel map. (Ord. 233 Sec. 6.1, 1972)
17.24.020 Standards.
(a) All improvements installed in land divisions, whether the work is required by the city or is done at the option of the land divider, shall be constructed in full conformance with the improvement standards and specifications of the city.
(b) In the absence of a standard for an improvement, the city engineer shall establish a standard in keeping with good construction and engineering practices. (Ord. 233 Sec. 6.2, 1972)
17.24.030 Plans.
All improvements, constructed or installed in land divisions, shall be done in accordance with detailed plans and specifications prepared by a registered civil engineer in accordance with the standard plans and specifications as adopted by the city council and in accordance with standard engineering practice, and shall be submitted to the city engineer, and shall be approved by him before a final map is submitted to the city council for approval. The plans shall be legibly drawn with India ink on linen, cloth or polyester base film and to scale as approved by the city engineer. (Ord. 233 Sec. 6.3, 1972)
17.24.040 Improvement work.
No improvement work shall commence until the improvement plans and specifications for such work have been approved by the city engineer.
All of the improvement work shall be constructed under the inspection of and to the approval of the city engineer. (Ord. 233 Sec. 6.4, 1972)
17.24.050 Easements.
All improvements shall be constructed or installed within the street right-of-way or within approved easements which have been dedicated for such use. (Ord. 233 Sec. 6.5, 1972)
17.24.060 Cost estimate.
A cost estimate for the construction of the improvements shall be submitted at the same time the improvement plans are submitted to the city for checking. (Ord. 233 Sec. 6.6, 1972)
17.24.070 Street Improvements.
(a) The subdivider shall install all of the street improvements within the subdivision and adjacent thereto in accordance with the city standards.
(b) All field notes, cross-sections, and all other pertinent information as deemed necessary by the city engineer, shall be submitted to the city engineer prior to approval of the street improvement plans.
(c) Where a subdivision or any part thereof lies along an existing improved public highway or road, the subdivider shall improve or agree to improve the area of such highway or road lying between the centerline thereof and the ultimate right-of-way or for a total minimum width of forty feet, whichever is greater.
If the improvement to be performed is upon a portion of a highway which the city is contemplating improving, within twelve months, the city may elect to improve the portion thereof otherwise required to be improved by the subdivider. In such event, the subdivider shall, prior to the approval of the final map, pay to the city in full discharge of the subdivider’s obligation herein provided for, a sum equal to the estimated cost to the city of performing the improvement required to be performed by the subdivider. The improvement will be performed by the city and will be done at the time the city improves the highway.
(d) All underground utilities, sanitary sewers, and storm drains installed in streets, service roads, alleys, or highways shall be constructed prior to the surfacing of such streets, service roads, alleys, or highways. Connections for all underground utilities and sanitary sewers shall be laid to such lengths as will obviate the necessity for disturbing the street or alley improvements when service connections there are made. (Ord. 415 Sec. 1, 1978; Ord. 233 Sec. 6.7, 1972)
17.24.080 Drainage improvements.
(a) The subdivider shall install all of the required drainage facilities for the collection, conveyance and disposal of all storm waters that have historically arrived upon the land being divided, or abutting drainage courses in accordance with the city standards.
(b) In addition to any other fees required by this title, the land divider shall pay a drainage fee to the City pursuant to Chapter 3.40.
(c) All drainage facilities and appurtenances within the land division together with the easements within which they are located shall be offered for dedication to the city. Also, all existing natural drainage courses within the land division which will remain after recordation of the final map shall be offered for dedication to the city.
(d) A hydrology map showing the location and flow-rate of all storm waters entering upon the land being divided and all hydrology calculations and structural calculations shall be submitted to the city engineer prior to approval of the drainage improvement plans.
(e) The storm frequency used for the design of all drainage facilities shall be as follows:
(1) Local drainage, twenty-five years;
(2) Sump area, fifty years;
(3) Major channels and/or drainage courses, one hundred years.
(f) The discharge for a ten-year frequency storm shall be centered between the tops of curbs and that for a twenty-five year frequency storm shall be centered within the street right-of-way. If either of these conditions is exceeded, additional flood control facilities must be provided.
(g) Where any street crosses a natural drainage course and a culvert is required to be constructed to convey the storm water beneath the street, the culvert shall be designed as follows:
(1) For a street having a uniform gradient, the culvert shall be designed to accommodate a one hundred year storm with maximum ponding within two feet of the road centerline profile grade provided diversion of ponded water into another drainage area will not result therefrom;
(2) For a street having a dip section, the culvert shall be designed to accommodate a ten year storm without overtopping the roadway. A ten year storm may be permitted to overtop the roadway in dip sections where, in the opinion of the city engineer, topography, soil conditions, adjacent development, and available all-weather routes indicate its feasibility. If permitted, the roadway shall be adequately protected.
(h) When any portion of the land within the boundaries of any final map is subject to inundation or flood hazard by storm waters, such fact and portion shall be clearly shown on such final map by a prominent note on each sheet of such map whereon any such fact and portion shall be shown.
(i) When, in the opinion of the planning commission, a division of land may cause an unnatural increase or concentration of surface waters onto downstream property, the division of land shall not be approved by the planning commission unless drainage outlets as approved by the city engineer are provided which will be adequate to render the city harmless from any damages therefrom. (Ord. 233 Sec. 6.8, 1972)
17.24.090 Water facilities.
(a) All required water storage and distribution facilities shall be installed by the land divider to serve each lot within the land division and shall be of such size and design to adequately satisfy the domestic and fire demands. All water facilities shall be installed in accordance with city standards.
(b) The domestic water for a land division shall be supplied by the city. The water distribution system, supply, and appurtenances thereto shall be dedicated to the city together with the easements within which they are located.
(c) In addition to any other fees required by this title, the subdivider shall pay a water connection fee to the city prior to recordation of the final map. The water connection fee shall be in an amount as shown on a schedule established by resolution of the city council.
(d) For land divisions less than two and one-half acres, the land divider shall be required to dedicate to the city by separate grant deed all water rights without the right to surface entry for purposes of developing the water prior to the recordation of the final map.
For land divisions more than two and one-half acres, the land divider may retain such water rights, provided that the water use is being proposed for agricultural purposes within the land division.
(e) All design calculations, including demand and head-loss calculations, shall be submitted to the city engineer prior to approval of the water plans. (Ord. 305 Sec. 2, 1974; Ord. 233 Sec. 6.9, 1972)
17.24.100 Sanitary sewer facilities.
(a) All sewer facilities shall be installed in accordance with the city standards. The sewer facilities shall be of such size and design to adequately serve each lot within the subdivision and all existing or future tributary areas.
(b) The land divider shall install sanitary sewer facilities to serve each lot within a land division and shall be connected to the city sanitary sewer system when available. Sewer service shall be considered as being available when, at the time of recordation of the final map, the construction distance, measured in feet, from the closest point in the subdivision to an existing or proposed main line sewer, which will provide service, equals fifty times the number of lots in the subdivision.
(c) Where sanitary sewer service is not available according to the above, a private sewage disposal system for each lot as required by the ordinance establishing standards for private sewage disposal systems shall be constructed, provided, however, that a dry sanitary sewer system shall also be constructed within the subdivision and on the boundary streets, as required by the city engineer.
(d) In addition to any other fees required by this title, the land divider shall pay a sewer facilities fee to the City pursuant to Chapter 3.40.
(e) All design calculations, including field notes, flow-rates, percolation data, and pipe sizing, shall be submitted along with the sewer improvement plans, to the city engineer for approval.
(f) The sanitary sewer system and appurtenances for a land division shall be dedicated to the city together with the easements within which they are located. (Ord. 233 Sec. 6.10, 1972)
17.24.110 Grading improvements.
(a) No land division shall be approved where the lot grading will result in a difference in grade, from that of the adjoining property, at the tract boundary, in excess of five feet unless otherwise approved by the planning commission.
(b) Lot grading is not required by the city as part of the required improvements for the development of a land division. However, in the event the land divider intends to grade any of the lots, all grading operations shall be in accordance with the city standards.
(c) In case there is no lot grading proposed, the land divider shall furnish to the city engineer two prints of the final map signed by the land divider’s engineer, and certifying that no fills have been made on the lots. (Ord. 233 Sec. 6.11, 1972)
17.24.120 Utilities.
(a) All utility lines and facilities, including but not limited to electric power, telephone or other communication, street lighting, cable television lines, and other such utility lines, shall be placed installed in accordance with standards prescribed by the California Public Utilities Commission in streets or alleys, or in easements provided for that purpose with widths and locations that are adequate for the service agencies. The standards shall apply to any agency owning or operating the line whether or not it is subject to the jurisdiction of the Public Utilities Commission. If no standard is so prescribed, installation shall be made in accordance with practices usual in the particular field, subject to the approval of the city engineer.
(b) The land divider shall be responsible for complying with the requirements of this section, in accordance with tariff of the respective servicing utilities as filed with the California Public Utilities Commission, and the planning commission or city council conditions, and shall make the necessary arrangements with the serving agencies for the installation of their respective facilities.
(c) For the purposes of this section, appurtenances and associated equipment such as, but not limited to, surface mounted transformers, concealed ducts, and pedestal mounted terminal boxes and meter cabinets may be placed above ground.
(d) If the land divider requests the planning commission to waive the requirements for underground lines for all or a portion of a land division, he shall make an application in writing stating fully the facts and grounds upon which the waiver is sought and such waiver shall be submitted at the time of filing of the tentative map. Such application shall be considered by the planning commission at the time it approves the tentative map. Waivers can only be sought for the following conditions:
(1) For any part of a subdivision as to which an existing overhead line is in a street or easement adjacent to a lot or lots to be served from the line or from one or more additional lines on the same existing poles;
(2) In any subdivision or portion thereof where, due to severe soil, topographical, or other conditions, the subdivider establishes that underground installations would be unreasonable or impractical and the use of overhead facilities is compatible with the surrounding area and not inconsistent with the purpose of this title.
(e) In the event that underground installations have been waived by the planning commission, overhead utility lines shall be located at the rear of lots or parcels where practical and along the side of lots or parcels where necessary. Where practical, the poles supporting such overhead lines shall not be installed within any street, alley, pedestrian/equestrian trails, drainage, easement or flood control channel.
(f) Utilities shall not be permitted to be installed in conjunction with any land division until a plan of the proposed construction and of the existing facilities within two hundred feet of the land division has been submitted to the planning director and approved by the city engineer. Such utility plans shall clearly delineate all existing or proposed above ground installations. Such procedure shall not preclude advance installation to model homes not to exceed five in number.
(g) All utility easements shall be approved by the serving utility companies, and the approval shall be submitted to the city engineer prior to recordation of the tract map. (Ord. 233 Sec. 6.12, 1972)
17.24.130 Street lights.
(a) The planning commission may require the installation of street lights as a condition of approval for a land division. Street light layout and design of pole standard shall meet with approval of the planning commission and the city engineer.
(b) The developer shall be required to pay the city the estimated cost of the illumination energy and maintenance charges to be incurred for a period of one year following the anticipated date of energizing the street lights. These costs shall be estimated by the city engineer. The amount of charges shall be included in the amount of the bond posted for street light installation. The charges shall be paid prior to the exoneration of the bonds posted by the developer. (Ord. 233 Sec. 6.13, 1972)
17.24.140 Security for improvements.
(a) If any of the improvement work is not completed or any monuments not set prior to the recordation of the final map, the land divided shall enter into an agreement with the city to complete the remaining improvements and shall furnish to the city the improvement security as defined as required by Section 66499 of the Subdivision Map Act. (Ord. 783, Sec. 31, 2001).
(b) The agreement and improvement security shall be executed only upon forms and terms approved by the city council and the amount of the security shall be approved by the city engineer.
(c) The original term of the agreement and improvement security shall be twelve months, which term may be extended by the city council, upon written request of the land divider prior to the expiration of the original twelve-month period, for not exceeding the cumulative total time of twelve additional months. As a condition to granting an extension of time, the city council may require that additional improvement security be furnished, as is deemed necessary to guarantee the completion of the improvements.
(d) The amount of the security required shall be one hundred percent of the total estimated cost of the improvements to guarantee faithful performance of the agreement and one hundred percent of the total estimated cost of the improvements for securing payment to the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials to them for the improvements, as estimated by the city engineer.
(e) The city’s engineer is authorized to release or reduce security for faithful performance of any act required under the state Subdivision Map Act or the city’s subdivision regulations, or any agreement executed by the city and a subdivider pursuant to said act and regulations in accordance with the following rules: As to any security for faithful performance for which the penal sum is twenty thousand dollars, or greater, the city engineer may allow no more than five separate partial releases or reductions thereof. As to any security for faithful performance in an amount of nineteen thousand nine hundred ninety-nine dollars, or less, the city engineer may authorize no more than one partial release or reduction.
Any such partial release or reduction shall be by written order of the city engineer after he has determined that the work for which the release is sought has been completed to his satisfaction and is ready for his recommendation for acceptance by the city. Prior to any such partial release or reduction the subdivider must request such in writing from the city engineer and set forth in detail the actual work completed for which the release or reduction is sought.
Notwithstanding anything to the contrary stated herein, no release or reduction by the city engineer shall apply to any required guarantee and warranty period, nor to the amount of the security deemed necessary by the city for such guarantee and warranty period, nor to the cost and reasonable expenses and fees, including reasonable attorneys’ fees, as provided in the improvement security instrument.
As to that security provided by subdivider for securing the payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment, the city engineer is authorized to reduce such to an amount not less than the total of all claims on which an action has been filed, and notice thereof has been given in writing to the city’s council six months after the performance of the act or completion and acceptance of the work. If no such actions have been filed, such security may be released by the city engineer in full.
(f) The land divider shall, at the land divider’s sole cost and expense, but insuring both the city and the developer, maintain general public liability insurance against claims for personal injury, death, or property damage occurring upon, in, or about the subject development or any buildings thereon and on, in, or above the adjoining streets, such insurance to afford protection to the limit of not less than two hundred thousand dollars in respect to injury or death to a single person, and to the limit of not less than three hundred thousand dollars in respect to any one accident and to the limit of not less than one hundred thousand dollars in respect to damage. The developer shall provide a certificate of insurance from the insurance company testifying to the fact that the city has been named as an additionally insured prior to approval of the final map. (Ord. 328 Sec. 1, 1975; Ord. 233 Sec. 6.14, 1972)
17.24.150 Plan checking fee and inspection.
At the time the improvement plans are submitted to the city for checking and approval, the land divider shall deposit with the city a plan checking fee in an amount as shown on a schedule established by resolution of the city council.
The fees shall be paid prior to any checking of the plans by the city and such fees shall be non-refundable. (Ord. 233 Sec. 6.15, 1972)
17.24.160 Construction inspection fees.
The land divider shall deposit with the city construction inspection fees for the inspection of the construction of the improvements in an amount as shown on a schedule established by resolution of the city council.
(1) The construction inspection fees shall be paid prior to the recordation of the tract map.
(2) The construction inspection fees shall be paid as a requirement of the building permit for each lot.
In the case where the city council requires that a portion or all of the required improvements be constructed prior to the recordation of parcel map, the construction inspection fees shall be also required prior to the recordation of the parcel map. (Ord. 233 Sec. 6.16, 1972)