View entire Title as PDF

Chapter 17.35
DESIGN AND IMPROVEMENTS

Sections:

17.35.010    General standards.

17.35.020    Improvements required.

17.35.030    Reimbursement agreements.

17.35.040    Deferred improvement agreements.

17.35.050    Improvement plans.

17.35.060    Subdivision improvement agreement.

17.35.070    Improvement security.

17.35.080    Construction and inspection.

17.35.090    Time of completion.

17.35.100    Acceptance of improvements.

17.35.010 General standards.

A. The subdivider shall design and construct all required improvements on-site and off-site in accordance with public works standards and standard details and other approved standards as provided by this title 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 title.

B. A decision or interpretation by the city engineer regarding the specifications, details or design of improvements is final unless appealed under PHMC § 17.20.060.

C. No map may be presented to the council or zoning administrator for approval until the subdivider either constructs the required improvements or enters into a subdivision improvement agreement with the city that guarantees construction of improvements. (Ord. 752 § 32-7.1, 2000; 1991 code § 32-7.1)

17.35.020 Improvements required.

A. General. 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.

B. Frontage improvements. The frontage of each lot shall be improved to its ultimate adopted geometric section, including but not limited to street structural sections, curbs, sidewalks, driveway approaches and transitions as determined by the city engineer. Transit facilities (bus shelters, bus turnouts and bus pads) shall be provided on a collector street or major street when requested by the local transit authority.

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 run-off attributed to the development. Off-site storm drain improvements or on-site detention may be required to satisfy this requirement. (Govt. Code § 66411)

D. Sanitary sewers. Each unit or lot within the subdivision shall be served by an approved Contra Costa Sanitary District sanitary sewer system.

E. Water supply. Each unit or lot within the subdivision shall be served by an approved (East Bay Municipal Utility District or Contra Costa Water District) water system.

F. Utilities. Each unit or lot within the subdivision shall be served by gas, electric, telephone, cablevision and other utilities as authorized by the city. (Govt. Code § 66473.3)

G. Underground utilities. All existing and proposed utilities within the subdivision and along street frontages adjacent to the subdivision shall be placed underground (including connector cabinets and transformers) except those facilities exempted by city council-adopted ordinance or resolution. The subdivider is responsible for complying with the requirements of this title and shall make the necessary arrangements with each utility company for installation of the facilities. The city council may grant an exception to the undergrounding requirements if topographical soil or other conditions make underground installation of the facilities not feasible.

H. Access. Every lot or parcel created shall have access to a public street.

I. Monuments.

1. 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.

2. 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.

3. 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. (Govt. Code §§ 66495 – 66498)

J. Other improvements. Other improvements such as street lights, traffic signals, fire hydrants, signs, street trees and landscaping, or fees in lieu of any of the foregoing, are required as determined by the city engineer in accordance with this title and city standards and specifications.

K. Off-site improvements. If, by the nature of the project, the subdivider proposes and 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, the dedication of the right-of-way shall be assured as required by PHMC § 17.40.010.D. The city shall, before approving the final or parcel map, require the subdivider to enter into an agreement to complete the off-site improvements at the time the city acquires title to an interest in the land. 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. (Govt. Code § 66462.5) (Ord. 752 § 32-7.2, 2000; 1991 code § 32-7.2)

17.35.030 Reimbursement agreements.

If the improvements required to be installed by the subdivider under PHMC § 17.35.020 are greater than the minimum size required by the city and 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 under Government Code sections 66485 through 66487 for other improvements. The city may not approve a reimbursement agreement after the date construction begins on the improvements. (Govt. Code §§ 66485 – 66487) (Ord. 752 § 32-7.3, 2000; 1991 code § 32-7.3)

17.35.040 Deferred improvement agreements.

A. Minor subdivisions. When the construction of improvements is 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: (Govt. Code § 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. The interest rate shall be consistent with the requirements of Article 15, Section 1 of the California State Constitution;

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; and

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. Remainder. 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: (Govt. Code § 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 owner must obtain a certificate of compliance or conditional certificate of compliance from the zoning administrator before development occurs. (Ord. 752 § 32-7.4, 2000; 1991 code § 32-7.4)

17.35.050 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 conditions of approval and to the public works standards. Improvement plans shall include those improvements specified in PHMC § 17.35.020. (Govt. Code § 66452.6)

B. Form and contents. The form and contents of the improvement plans shall conform to the public works standards.

C. Supplementary plans and calculations. The information and documents set forth in PHMC § 17.30.060, 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.

D. Plan check and inspection fees. The city engineer is authorized to collect plan check and inspection fees in the amount established by city council resolution. Plan check fees are due when plans are submitted. Inspection fees are due before a grading or building permit is issued, and before any site work begins.

E. Filing – Review by the city engineer. The subdivider shall submit five complete sets of the preliminary improvement plans and all computations to the city engineer for review, together with the plan check fees. Upon completion of the review, one set of the preliminary plans, with any required revisions indicated, will be returned to the subdivider. If any revisions are necessary, the subdivider shall submit the corrected improvement plans and computations to the city engineer. The city engineer shall act on the improvement plans within 60 working days of a complete submittal, plus extensions agreed to or necessitated by corrections as provided in Government Code section 66456.2. (Govt. Code § 66456.2)

F. Approval by the city engineer.

1. The final or parcel map will be submitted to the city council for approval only after the city engineer has reviewed and approved the improvement plans or has certified that no improvements are required. Review and approval of a grading plan is a separate action, but must be completed before the improvement plans are approved.

2. After the subdivider has completed all required revisions, the subdivider shall transmit the corrected originals of the improvement plans to the city engineer for signature.

3. Upon finding that the required revisions have been made and that the plans conform to all applicable city ordinances and plans, public works standards, generally accepted engineering practices, and conditions of approval of the tentative map, the city engineer shall sign and date the plans. The approved blueprints shall be returned to the subdivider. Approval of the improvement plans shall not be construed as approval of the gas, electric, telephone, water, sanitary sewer or cable television facilities that may be shown on the plans.

4. 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.

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. The request shall be accompanied by revised drawings showing the proposed revision and documentation to justify the requested change. 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 by city council resolution in accord with PHMC § 17.20.070. A deposit, when required, shall be submitted with the revised plans and applied toward the costs. (Govt. Code § 66456.2) (Ord. 752 § 32-7.5, 2000; 1991 code § 32-7.5)

17.35.060 Subdivision improvement agreement.

Before a final map or parcel map is approved by the city council, the subdivider shall submit a signed subdivision improvement agreement assuring the completion and payment of improvements within a specified time. The agreement will be based on the city’s standard form of subdivision improvement agreement and shall include (but is not limited to) the developer’s promise to complete certain improvements and to perform repairs or corrective work for one year after acceptance by the city, the time of completion, special conditions, insurance requirements and improvement security requirements for faithful performance, labor and materials and warranty period. (Govt. Code § 66462)

The agreement must be approved as to form by the city attorney. The executed improvement agreement shall be recorded in the office of the county recorder and shall be binding on subdivider’s successors in interest. (Ord. 752 § 32-7.6, 2000; 1991 code § 32-7.6)

17.35.070 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 Subdivision Map Act § 66499 et seq. and as provided in this title, and subject to city attorney approval.

B. Amount of security.

1. The subdivider shall provide a bond or other security in the amount of:

a. One hundred percent of the total estimated construction costs to guarantee the faithful performance of the construction or installation of all improvements;

b. One hundred percent of the estimated construction cost to guarantee payment to subdivider’s contractor, and subcontractors and to persons furnishing labor, materials, or equipment for the construction or installation of improvements; and

c. Fifteen percent of the cost of the improvements to guarantee the improvements against any defective work or labor done, or defective materials used in the performance of the improvements for the warranty period of one year following completion and acceptance of the improvements warranty security. The security for this warranty period may be provided either (i) at the time of signing the subdivision improvement agreement, or (ii) when the construction is completed, before the city accepts the improvements or releases the performance security, at the subdivider’s option. (Govt. Code § 66499.3(d))

2. 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. (Govt. Code §§ 66499.3, 66499.4)

The estimate of improvement costs shall be as approved by the city engineer and shall provide for:

a. Total construction costs, including implementing the pollution prevention plan (based on projected city costs under the State Public Contract Code);

b. Ten percent of the total construction cost for contingencies;

c. Increase for projected inflation computed to the estimated end of construction;

d. 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; and

e. Enforcement costs calculated as $25,000 or 5% of the estimated construction cost, whichever is greater. These enforcement costs are not added if the bond language includes enforcement costs in addition to the face amount of the bond.

C. 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 attorney:

1. A bond by an insurer admitted to do business in California by the State of California Department of Insurance. The form of the bond or bonds shall be in accordance with Subdivision Map Act §§ 66499.1, 66499.2, 66499.3 and 66499.4, or an alternate form approved by the city attorney;

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 monies;

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 be released only 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 when any agency of the state, federal or local government provides at least 20% of the financing of the portion of the project requiring security; (Govt. Code § 66499(a))

5. A lien upon the property to be divided, created by contract between the owner and the city, if the city finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map; the lien shall conform to the Government Code section 66499(b);

6. A deed of trust which shall be recorded in the Contra Costa County recorder’s office; (Govt. Code § 66449(a)(5) and (b))

7. Any other comparable form of security, acceptable to the city. (Govt. Code § 66499)

D. Release of improvement security.

1. Performance security. The city shall release performance security only upon acceptance of all improvements by the city. (Govt. Code §§ 66499.7(a), 66499.8)

2. Material and labor security. The city shall 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 shall release the balance of the security upon the settlement of all claims and obligations for which the security was given. (Govt. Code § 66499.7(b))

3. Warranty security. The city shall 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. (Govt. Code §§ 66499.3(d), 66499.7, 66499.9) (Ord. 752 § 32-7.7, 2000; 1991 code § 32-7.7)

17.35.080 Construction and inspection.

A. Beginning of construction. After the city engineer has approved the improvement plans and the city council has approved the final map and subdivision agreement, the subdivider or his or her authorized representative may begin construction.

B. The construction methods and materials for all improvements shall conform to the approved plans, conditions of approval, and public works standards and are subject to inspection and approval by the city engineer.

C. Grading and drainage plans must conform to the public works standards and the approved tentative map. Grading and drainage work requires a separate permit.

D. The subdivider shall notify the city engineer one full working day 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 chapter. 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 will be deemed to have been done at the risk of the subdivider.

E. The subdivider shall prosecute the work to completion without undue delay except for inclement weather, extension approved under PHMC § 17.35.090.C, 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 may take appropriate steps to enforce the subdivision agreement. (Ord. 752 § 32-7.8, 2000; 1991 code § 32-7.8)

17.35.090 Time of completion.

A. Major subdivisions.

1. The subdivider shall complete the improvements for a subdivision of five or more lots within 12 months from the recording of the final map, unless an extension is granted under subsection C of this section.

2. If the subdivider fails to complete the improvements within the specified time, the city may, by resolution of the city council, cause the uncompleted improvements to be completed and the parties executing the performance security shall be firmly bound for the payment of all costs.

B. Minor subdivisions. The completion of improvements for subdivisions of four or fewer parcels is not required until a permit (including building or grading 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 within 12 months from the recording of the parcel map 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 zoning administrator, planning commission or city council may make this finding at the time of tentative map approval. The specified date, when required, shall be stated in the subdivision improvement agreement. (Govt. Code § 66411.1; reference PHMC § 17.30.050.M)

C. Extensions.

1. If authorized to do so in the subdivision improvement agreement, the city engineer may extend the completion date by six months upon written request by the subdivider and the submittal of adequate evidence to justify the extension.

2. The city council may extend the completion date upon written request by the subdivider and the submittal of adequate evidence to justify the extension. This must be done as an amendment to the subdivision improvement agreement. The request shall be made at least 30 days before expiration of the subdivision improvement agreement. No extension shall be granted if any lot within the subdivision has been sold.

3. In reviewing 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; and

e. The city council, as a condition to approving a time extension for the completion of improvements, may impose additional requirements relating to the physical improvements considered necessary to bring the project into compliance with current ordinances, standards and policies.

4. The subdivider shall pay the costs incurred by the city in processing the extension request and extension agreement. (Ord. 752 § 32-7.9, 2000; 1991 code § 32-7.9)

17.35.100 Acceptance of improvements.

When the subdivider has completed all improvements, corrected all deficiencies, and submitted record drawings of the improvements, the city council shall consider the subdivision improvements for acceptance. The city council shall act by resolution accepting the improvements for maintenance and also accepting the public streets and desired easements (including those previously rejected) for these improvements.

When dedications of rights-of-way, dedications of easements or improvements are accepted for public purposes, the city clerk shall file a notice with the county recorder. (Ord. 752 § 32-7.10, 2000; 1991 code § 32-7.10)