Chapter 17.28
DESIGN AND IMPROVEMENTS
Sections:
17.28.020 Improvements required.
17.28.030 Reimbursement agreements.
17.28.040 Deferred improvement agreements.
17.28.060 Subdivision improvement agreement.
17.28.070 Improvement security.
17.28.080 Construction and inspection.
17.28.100 Acceptance of improvements.
17.28.010 General.
A. Standards.
1. The subdivider shall design and construct all required improvements on-site and off-site in accordance with standard engineering specifications and standard details and other approved standards as provided by this chapter and as adopted by the city. Subject to the Subdivision Map Act, the city engineer may authorize an exception to the construction standards in this chapter.
2. A decision or interpretation of the city engineer regarding the specifications, details or design of improvements is final.
3. No final map may be presented to the council or parcel map to the city engineer for approval until the subdivider either completes the required improvements or enters into an improvement agreement with the city agreeing to do the work.
B. Energy Conservation.
1. The design of a subdivision for which a tentative map is required, excluding a conversion, shall provide to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. Examples of such energy conservation opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure or to take advantage of shade or prevailing breezes. (Government Code Section 66473.1.)
2. “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
3. Compliance with this provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure. [Ord. 962 § 2 (Exh. A), 1989.]
17.28.020 Improvements required.
A. General.
1. All improvements required as tentative map conditions of approval or by city ordinance or resolution, together with the required improvements set forth below, are required of all subdivisions.
2. The requirements for construction of on-site and off-site improvements for a subdivision of four or fewer parcels shall be noted on the parcel or final map, waiver of parcel map, or the subdivision improvement agreement recorded before or concurrently with the map.
B. Frontage Improvements. The frontage of each lot shall be improved to its ultimate adopted geometric section, including but not limited to street structural section, curbs, sidewalks, driveway approaches and transitions as determined by the city engineer.
C. Storm Drainage. Stormwater runoff from the subdivision shall be collected and conveyed by an approved storm drain system. The storm drain system shall be designed for ultimate development of the watershed. The storm drain system shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in runoff attributed to the development. Off-site storm drain improvements may be required to satisfy this requirement. (Government Code Section 66411.)
D. Sanitary Sewers. Each unit or lot within the subdivision shall be served by an approved sanitary sewer system with a minimum eight-inch diameter main line.
E. Water Supply. Each unit or lot within the subdivision shall be served by an approved domestic water system.
F. Utilities. Each unit or lot within the subdivision shall be served by gas (if required), electric, telephone and cablevision facilities. (Government Code Sections 66473.2, 66473.3.)
G. Underground Utilities.
1. All existing and proposed utilities within the subdivision and along frontage streets shall be placed underground except those facilities exempted by the Public Utilities Commission regulations. Undergrounding is required for overhead lines on either side of peripheral streets.
2. The subdivider is responsible for complying with the requirements of this chapter and shall make the necessary arrangements with each utility company for installation of the facilities.
3. The planning commission may grant an exception to the undergrounding requirements as provided in this subsection if topographical soil or other conditions make underground installation of the facilities unreasonable.
H. Access. Every lot or parcel created shall have access to a public or private street improved to city standards. Private streets are not normally permitted. The subdivider shall submit a development plan showing the alignment, width, grade, and material specifications of a proposed private street, the topography and means of access to each lot, and the drainage and sewerage of the lots served by the private street. Construction of the private street, as approved by the city engineer, shall be completed before the completion of the construction or occupancy of the lots. The subdivider shall demonstrate and provide a feasible method for the maintenance of private streets.
Reserve strips, or nonaccess at the end of streets or at the boundaries of subdivision, shall be dedicated unconditionally to the city when required by the city.
I. Other Improvements – Monuments.
1. Other improvements such as street lights, fire hydrants, signs, street trees and shrubs, monuments, and smoke detectors, or fees in lieu of any of the foregoing, are required as determined by the city engineer in accord with this title and city standards and specifications.
2. At the time of making the survey for the final or parcel map, the engineer or surveyor shall set sufficient durable monuments to conform with (a) the standards described in Business and Professions Code Section 8771, and (b) the city standards, so that another engineer or surveyor may easily retrace the survey.
3. Interior monuments need not be set at the time the map is recorded if the engineer or surveyor certifies on the map that the monuments will be set by a specified date and if the subdivider provides security to guarantee the cost.
4. Within five days after the final setting of all monuments, the engineer or surveyor shall give written notice to the subdivider and to the city engineer. (Government Code Sections 66495 through 66498.)
J. Off-Site Improvements. If the 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: (Government Code Section 66462.5.)
1. The city may, before approving the parcel or final map, require the subdivider to enter into an agreement to complete the off-site improvements at the time the city acquires title of an interest in the land. The subdivider shall pay the cost of acquiring off-site land or an interest in the land required to construct the off-site improvements; or
2. The city shall, within 120 days of recording the final map, acquire by negotiation or commence condemnation of the land. If the city fails to meet the 120-day time limit, the condition for the construction is waived. [Ord. 962 § 2 (Exh. A), 1989.]
17.28.030 Reimbursement agreements.
If the improvements required to be installed by the subdivider under PMC 17.28.020 contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and are to be dedicated to the public, the subdivider may request that the city enter into a reimbursement agreement. A subdivider requesting a reimbursement agreement shall submit an application to the city in accordance with procedures set forth in Chapter 12.44 PMC. The city may not approve a reimbursement agreement after the date construction begins on the improvements. (Government Code Sections 66485 through 66487, 66475.4.) [Ord. 962 § 2 (Exh. A), 1989.]
17.28.040 Deferred improvement agreements.
A. Minor Subdivisions. If the city engineer considers it necessary, the frontage improvements along existing peripheral streets of a minor subdivision may be deferred. When improvements are deferred, the owner of the real property shall enter into an agreement with the city in a form acceptable to the city engineer and city attorney, for the installation of all frontage improvements at a time in the future as specified by the city. The agreement shall provide that: (Government Code Section 66411.1.)
1. The owner shall begin construction of improvements within 90 days of the receipt of the notice to proceed from the city, or as mutually agreed upon in writing;
2. In the event of a default by the owner, the city is authorized to cause construction to be done and charge the entire cost and expense to the owner, including interest from the date of notice of the cost and expense until paid;
3. The agreement shall be recorded with the county recorder at the expense of the owner and shall constitute notice to all successors and assigns of title to the real property of the obligations set forth therein, and shall also constitute a lien in such amount necessary to fully reimburse the city, including interest as provided above, subject to foreclosure in the event of a default in payment. The obligations under the agreement shall run with the property and constitute a lien against it.
4. In the event of litigation occasioned by default of the owner, the owner agrees to pay all costs involved, including reasonable attorneys’ fees. Those costs shall become a part of the lien against the real property.
The construction of deferred improvements shall conform to this title and all applicable provisions of this code in effect at the time of construction.
B. Remainders. For a designated remainder parcel, the fulfillment of construction requirements for improvements is not required until the city is ready to issue a permit or other grant of approval for development of the remainder parcel or until the construction of the improvements is required under an agreement between the subdivider and the city. In the absence of an agreement, the city may require fulfillment of the construction requirements within a reasonable time following approval of the final map and before the issuance of a permit or other grant of approval for the development of a remainder parcel upon a finding by the city that fulfillment of the construction requirements is necessary for reasons of: (Government Code Section 66424.6.)
1. The public health and safety; or
2. The required construction is a necessary prerequisite to the orderly development of the surrounding area.
If a designated remainder is subsequently sold, the subdivider of owner must obtain a certificate of compliance or conditional certificate of compliance. [Ord. 962 § 2 (Exh. A), 1989.]
17.28.050 Improvement plans.
A. General. Improvement plans shall be prepared under the direction of and signed by a registered civil engineer and shall conform to the standard engineering specification and standard details of the city. Improvement plans shall include those improvements specified in PMC 17.28.020.
B. Form.
1. Plans, profiles, and details shall be legibly drawn, printed, or reproduced on 24-inch by 36-inch sheets with a blank margin of at least one inch all around. A grading plan or a hydrology map need not conform to the 24-inch by 36-inch size.
A city-approved suitable title block shall be placed in the lower right corner. It shall include the subdivision name and number, the signature name and address of the registered civil engineer under whose direction the plans were prepared, the date of preparation and shall provide adequate space for approval by the city engineer and for approval of plan revisions.
2. Plan 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 that 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 of the first sheet of all sets of plans.
4. A north arrow shall be shown on each sheet when applicable.
5. All lettering shall be one-eighth inch minimum.
6. If the plans include three or more sheets, a cover sheet showing the streets, lots, easements, storm drains, index, vicinity map, standard notes, and quantities shall be included.
7. Reference may be made to applicable city or State Division of Highways standard detail in lieu of duplicating the drawing.
8. Details shall be drawn in accordance with standard accepted drafting practices and to appropriate scales clearly to show the intended construction without crowding of features which might cause misinterpretation.
9. The subdivider shall submit three sets of plans for a preliminary review and six sets of corrected, final plans.
10. The form of all plans shall conform to additional requirements as may be established by the city engineer. The final form of all plans shall be approved by the city engineer.
C. Contents.
1. The improvement plans shall show complete plans, profiles and details for all required improvements (both private and public) to be constructed, including common areas.
2. Cross-sections taken perpendicular to the street at intervals of 50 along the street, or more often if so required, shall be submitted with the improvement plans. The cross-section shall show accurately the original surface of the ground for the full width of the improvement, the proposed cuts, fills, road section, and lot grading plotted to a natural scale of 10 to the inch or larger.
3. A grading plan shall show by means of arrows and elevation the method proposed for draining each individual lot.
4. The improvement plans shall include details of off-tract work required by the planning commission.
5. The improvement plans shall show the water distribution facilities to be installed both inside and outside the subdivision with connections to existing water mains clearly marked and including the types, sizes, locations, and depth of pipes, valves, hydrants, reservoirs, pumps, and other appurtenances.
6. The improvement plans shall show the sanitary sewer facilities to be installed both inside and outside the subdivision with connections to existing sewers clearly marked and including the size of pipes, the type of materials for pipes and joint sealing, pipe elevations, and flow lines, the locations of manholes, and rodding inlets, details concerning pumps, and lift stations and other pertinent information.
7. The improvement plans shall show the size and location of drainage facilities to be installed inside and outside the subdivision, including means for the disposal of surface and stormwaters beyond the limits of the subdivision, locations and elevations of gutters, valley drains and ditches, location, size, type, and elevations of storm drain pipes, location and styles of catch basins, and details of other drainage structures, pumps and appurtenances. (Government Code Section 66411.)
D. Supplementary Plans and Calculations. Hydrology, hydraulic plans and calculations, bond or other security estimates and any structural calculations as may be required shall be submitted with the improvement plans. All calculations shall be legible, systematic, signed, and dated by a registered civil engineer and in a form approved by the city engineer.
E. Filing – Review by the City Engineer. The subdivider shall submit three sets of preliminary improvement plans and all computations to the city engineer for review. Upon completion of the review, one set of the preliminary plans, with any required revisions indicated, will be returned to the subdivider.
F. Approval by the City Engineer.
1. After completing any required revisions, the subdivider shall transmit the originals of the improvement plans to the city engineer for signature. An improvement plan shall be acted upon within 60 working days of its submittal, plus extensions agreed to or necessitated by corrections. (Government Code Section 66456.2.)
2. Upon finding that the required revisions have been made and that the plans conform to all applicable city ordinances and plans, design requirements and conditions of approval of the tentative map, the city engineer shall sign and date the plans. The originals will be returned to the subdivider. Approval of the improvement plans shall not be construed as approval of the gas, electric, telephone, and cable television service construction plans.
3. Approval by the city engineer in no way relieves the subdivider or the subdivider’s engineer from responsibility for the design of the improvements or for deficiencies resulting from the design or from any required conditions of approval of the tentative map.
4. The approval of the improvement plans by the city engineer, or the city engineer’s certification that no improvements are required, is a condition precedent to the approval of the final or parcel map of the subdivision.
G. Revision to Approved Plans.
1. By Subdivider. A request by the subdivider for a revision to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the city engineer and shall be accompanied by revised drawings showing the proposed revision. If the revision is acceptable to the city engineer and is consistent with the tentative map, the original shall be submitted to the city engineer’s office for initialing. The original shall be returned to the subdivider and the revised plans shall be immediately transmitted to the city engineer. Construction of any proposed revision may not begin until the city engineer receives and approves revised plans.
2. Plan Checking and Inspection Costs for Revisions. Costs incurred by the city for the checking of plans or calculations or inspection as a result of revisions to the approved plans shall be borne by the subdivider in accord with the schedule of fees adopted in accord with PMC 17.16.080. A deposit, when required, shall be submitted with the revised plans and applied toward the costs. (Government Code Section 66456.2.) [Ord. 962 § 2 (Exh. A), 1989.]
17.28.060 Subdivision improvement agreement.
A. Before a final map is approved by the city council, the subdivider shall submit a signed subdivision improvement agreement assuring the completion of improvements within a specified time and payment for them. (Government Code Section 66462.)
B. The agreement must be approved as to form by the city attorney. It shall provide for:
1. Construction of all improvements, including any required off-site improvements, according to the approved plans and specifications on file with the city engineer;
2. Completion of improvements within the time specified by PMC 17.28.090;
3. Right of the city to modify plans and specifications in writing to the subdivider;
4. Warranty by the subdivider that construction will not adversely affect any portion of adjacent properties;
5. Payment of inspection fees in accordance with the city’s resolution;
6. Payment of in-lieu fees for undergrounding of utilities on frontage streets;
7. Improvement security as required by PMC 17.28.070;
8. A guarantee that the improvements will be free from defects of material or workmanship and shall perform satisfactorily for a period of at least one year after the council accepts the improvements as complete. The subdivider shall agree to repair any defect or replace a defective improvement which cannot be repaired, and which occurs within the one-year period, at the subdivider’s expense. The subdivider shall provide security to ensure satisfactory repair of defects as provided in PMC 17.28.070(D);
9. A promise to pay for damage to public or private property resulting from or incidental to the construction of improvements;
10. Release and indemnification of the city from all liability incurred in connection with the development and payment of all reasonable attorneys’ fees that the city may incur because of any legal action or other proceeding arising from the development;
11. Any other deposits, fees, or conditions as required by city ordinance or resolution and as may be required by the city engineer;
12. Right of the city to withhold occupancy permits until completion of improvements;
13. Any other provisions required by the city as reasonably necessary to carry out the Subdivision Map Act and this code.
C. The executed improvement agreement shall be recorded in the office of the county recorder and shall bind subdivider’s successors-in-interest. [Ord. 962 § 2 (Exh. A), 1989.]
17.28.070 Improvement security.
A. General. An improvement agreement, contract, or act required or authorized by the Subdivision Map Act or this title for which security is required shall be secured in accord with Section 66499 et seq. of the Subdivision Map Act and as provided in this section.
B. Amount of Security.
1. The subdivider shall provide a performance bond or other security in the amount of 100 percent of the total estimated construction costs to guarantee the construction or installation of all improvements. An additional amount of 100 percent of the estimated construction cost shall be required to guarantee payment to subdivider’s contractor, subcontractors, and to persons furnishing labor, materials, or equipment for the construction or installation of improvements. As a part of the obligation guaranteed by the security, and in addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorneys’ fees, incurred by the city in enforcing the obligations secured. (Government Code Sections 66499.3, 66499.4.)
2. The estimate of improvement costs shall be as approved by the city engineer and shall provide for:
a. Ten percent of the total construction cost for contingencies;
b. Increase for projected inflation computed to the estimated midpoint of construction; and
c. 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.
C. Form of Security. The form of security shall be one or a combination of the following at the option and subject to the approval of the city:
1. A bond by one of more duly authorized corporate sureties. The form of the bond or bonds shall be in accordance with Sections 66499.1, 66499.2, 66499.3 and 66499.4 of the Subdivision Map Act;
2. 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;
3. An irrevocable letter of credit from one or more financial institutions regulated 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 and will only be released upon receipt of written instructions from the city. The form of the letter must be approved by the city attorney;
4. An instrument of credit from an agency of the state, federal or local government provides at least 20 percent of the financing of the portion of the project requiring security; (Government Code Section 66499(a).)
5. Any other comparable form of security, acceptable to the city, as provided in Section 66499 of the Subdivision Map Act.
D. Warranty Security. Upon acceptance of the subdivision improvements by the city, 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 defective materials used in the performance of the improvements throughout the warranty period. The warranty period is one year following completion and acceptance of the improvements, unless a longer warranty period is required by the city engineer. The amount of the warranty security shall not be less than 10 percent of the cost of the construction of the improvements.
E. Release of Improvement Security.
1. Performance Security. The city may release performance security only upon acceptance of the improvements by the city and after an approved warranty security has been filed with the city engineer. If a warranty security is not submitted, the city may release the performance security 12 months after acceptance of improvements and correction of all warranty deficiencies. (Government Code Sections 66499.7, 66499.8.)
2. Material and Labor Security. The city may reduce security given to secure payment to the contractor, subcontractors, and to persons furnishing labor, materials, or equipment, six months after the completion and acceptance of improvements by the city, to an amount equal to the amount of all claims filed and of which notice has been given to the city. The city may release the balance of the security upon the settlement of all claims and obligations for which the security was given.
3. Warranty Security. The city may release the warranty security upon satisfactory completion of the warranty period, provided:
a. All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected; and
b. Not less than 12 months have elapsed since the acceptance of the improvements by the city.
F. Change in Ownership. A subdivider who acquires ownership of an approved subdivision whose improvements are not completed shall provide improvement security for all improvements in accord with subsection (B) of this section, not just those that may remain incomplete at the time of the change in ownership. The new owner may also be required to enter into a new improvement agreement. [Ord. 962 § 2 (Exh. A), 1989.]
17.28.080 Construction and inspection.
A. The construction methods and materials for all improvements shall conform to the standard engineering specifications and standard details and all other standard plans and specifications of the city and are subject to inspection and approval by the city engineer.
B. Construction shall not begin until all required improvement plans are approved by the city engineer and the final map is recorded. The city engineer may authorize grading of the subdivision before filing of the final map, subject to the requirements of the grading ordinance.
C. The subdivider shall notify the city engineer 24 hours before beginning any work. All work done in constructing the improvements and all materials furnished shall be subject to the inspection of the city engineer. The city engineer and the flood control district shall have access to the work at all times during its construction and shall be furnished with every reasonable facility for ascertaining that the materials used and the workmanship are in accordance with the requirements of this title. If any of the work on improvements is done by the subdivider before the inspection of the improvements as required by the city engineer, the city engineer may reject that work and it is deemed to have been done at the risk of the subdivider.
D. The subdivider shall prosecute the work to completion without undue delay except for inclement weather or other reasonable cause. If there is a delay in completion of the work beyond the period stated in the subdivision agreement, unless an extension is approved by the city council and the surety company, the city council may take appropriate steps to use the security to complete the work. [Ord. 962 § 2 (Exh. A), 1989.]
17.28.090 Time of completion.
A. Major Subdivisions.
1. The subdivider shall complete the improvements for a subdivision of five or more lots within 24 months, or a time as approved by the city engineer, not to exceed 36 months, from the recording of the final map, unless an extension is granted by the city council.
2. The subdivider shall complete improvements before final building inspection or the issuance of an occupancy permit for any unit in the subdivision.
3. If the subdivider fails to complete the improvements within the specified time, the city may by resolution of the city council and at its option cause the uncompleted improvements to be completed and the parties executing the performance security shall be firmly bound for the payment of all necessary costs.
B. Minor Subdivisions.
1. The subdivider shall complete improvements in a minor subdivision before final building inspection or the issuance of an occupancy permit for any unit in the subdivision.
2. The completion of improvements for divisions of four or fewer parcels is not required until a permit or other grant of approval for the development of a lot within the subdivision is applied for. However, the city may require completion of the improvements by a specified date when it finds that the completion of the improvements is necessary for public health or safety or for the orderly development of the surrounding area. The city engineer may make this finding. The specified date, when required, shall be stated in the subdivision improvement agreement. (Government Code Section 66411.1.)
C. Extensions.
1. The city council in the case of a major subdivision and the city engineer in the case of a minor subdivision may extend the completion date upon written request by the subdivider and the submittal of adequate evidence to justify the extension. The request shall be made at least 30 days before expiration of the subdivision improvement agreement.
2. The subdivider shall enter into a subdivision improvement agreement extension with the city. For a major subdivision, the agreement shall be prepared and signed by the city engineer, approved as to form by the city attorney, executed by the subdivider and surety and transmitted to the city council for its consideration. If approved by the city council, the mayor shall execute the agreement on behalf of the city. For minor subdivision, the same procedure shall be followed, except that the agreement shall be considered by the city engineer, and if approved, executed by the city engineer on behalf of the city.
3. In passing upon a request for a subdivision improvement agreement extension, the city may require the following:
a. Revision of improvement plans to provide for current design and construction standards when required by the city engineer;
b. Revised improvement construction estimates to reflect current improvement costs as approved by the city engineer;
c. Increase of improvement securities in accordance with revised construction estimates;
d. Increase of inspection fees to reflect current construction costs; however, inspection fees are not subject to decrease or refund;
e. The city council or city engineer, as the case may be, may impose additional requirements considered necessary as a condition to approving a time extension for the completion of improvements.
4. The subdivider shall pay the costs incurred by the city in processing the extension request and extension agreement. [Ord. 962 § 2 (Exh. A), 1989.]
17.28.100 Acceptance of improvements.
A. When the subdivider has completed all improvements, corrected all deficiencies, and submitted record drawings of the improvements, the city shall consider the subdivision improvements for acceptance. The city council shall act by resolution either accepting the offer of dedication for recordation purposes only or accepting the offer of dedication for maintenance.
B. If the final map or parcel map contains an offer of dedication and the city council accepts the offer for maintenance, the city clerk shall file an acceptance of public improvements with the county recorder. [Ord. 962 § 2 (Exh. A), 1989.]