Chapter 16.80
IMPROVEMENTS
Sections:
16.80.010 Improvements required.
16.80.020 Off-site improvements.
16.80.030 Deferred improvements.
16.80.040 Design of improvement plans and standards.
16.80.050 Subdivision improvement agreements and security.
16.80.060 Completion of improvements.
16.80.010 Improvements required.
A. The subdivider shall construct all required improvements both on site and off site in accordance with the standards approved by the city engineer and applicable city standards as provided by this chapter. Except as provided herein, the subdivider shall be required to install all improvements that are required as conditions of approval to the tentative map, and to install all improvements that are required by city ordinance or resolution.
B. The applicant shall pay all impact fees, pursuant to the applicable impact fee ordinances, in the amount that is in effect at the time such fees are due, unless a different amount applies as follows:
1. Projects subject to a vesting tentative map or vesting tentative parcel map.
2. Projects subject to a development agreement. (Ord. 22-12 § 3 (Exh. A))
16.80.020 Off-site improvements.
A. The developer/property owner shall make a good faith effort to acquire required off-site property interests, and if he or she should fail to do so, the developer/property owner shall, prior to submittal of the final map for recordation, enter into an agreement to complete the improvements. The agreement shall provide for payment by the developer/property owner of all costs incurred by the city to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer/property owner (at developer/property owner cost). The appraiser shall be approved by the city prior to commencement of the appraisal.
B. Notwithstanding subsection A of this section, should the city engineer find, based on substantial evidence, that the subdivision design incorporates an alternative that would comply with city standards in the absence of the off-site improvement, the acquisition of off-site property shall not be required. (Ord. 22-12 § 3 (Exh. A))
16.80.030 Deferred improvements.
A. The approving authority, at its discretion, may approve any request for deferred construction of on- site and off-site improvements for tentative maps at the time of approval of the tentative map. Any improvements that are deferred by the approving authority shall be noted on the final or parcel map, and a deferred improvement agreement shall be filed with the city engineer prior to or concurrent with the filing of the final map or parcel map.
B. The city attorney shall approve the form and content of all deferred improvement agreements prior to the city accepting the document. (Ord. 22-12 § 3 (Exh. A))
16.80.040 Design of improvement plans and standards.
A. Standards for design and construction of subdivision improvements shall be in accordance with the applicable city standards, the conditions of approval of the tentative map, and the requirements established by the city engineer.
B. Public improvement plans shall be acted on by the city engineer within the time frame set forth in Government Code Section 66456.2, and the projects conditions of approval.
C. Public improvement plans shall be prepared under the direction of a registered civil engineer and other professionals as required by the city engineer, and shall be reviewed and approved by the city engineer, if he or she can make the following findings:
1. The plans are signed and stamped by a registered civil engineer and all other registered professional trades as required by the improvement plans (e.g., geotechnical engineer, electrical engineer, structural engineer, landscape architect).
2. The plan designs are consistent with the tentative map, the conditions of approval, and applicable city standards, with the exception of minor errors or incompleteness that do not materially affect the design or the plan constructability thereof.
3. All reports and studies required to evaluate the facility design and the completeness of the plans have been prepared by a registered civil engineer and have been reviewed and approved by the city engineer.
4. All conditions of approval relative to public improvement requirements have been addressed to the satisfaction of the reviewing authority and the city engineer.
5. All title and interest has been obtained by the subdivider for off-site property interest, except as otherwise provided for in Section 16.80.020(B).
6. All cost estimates have been approved by the city engineer, and payment of all applicable fees has been received.
7. Approval of designs and plans have been obtained from all other applicable agencies.
D. All improvement plans shall be prepared in accordance with the following city standards:
1. Those ordinances, policies, and standards in effect at the time the final map is submitted.
2. Those ordinances, policies, and standards in effect at the time the application for the vesting tentative map is deemed complete. However, the city engineer may modify those city standards under the following conditions:
a. When failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.
b. When needed to comply with state or federal laws.
c. When, in the opinion of the city engineer, with the consent of the subdivider, a new standard or requirement is needed which will not materially affect the intent of the subdivider or the conditions of approval. This shall include the adoption of other agency standards for use by the city engineer.
E. Approval by the city engineer of any public improvement plans, or any grading plans that are required as part of the approval of the final map or parcel map, shall expire upon the expiration of any applicable subdivision improvement agreement, or two years from the date the city engineer approves the plans, whichever is later. Upon expiration of those plans, new approvals from the city engineer, together with the payment of new plan review fees, shall be required for any portions of the subdivision for which grading and improvements have not been completed. (Ord. 22-12 § 3 (Exh. A))
16.80.050 Subdivision improvement agreements and security.
Pursuant to the Map Act, if any public improvement required as part of the approval of the subdivision will not be completed and accepted in accordance with Section 16.80.060 (Completion of improvements) prior to approval of the final map, the subdivider, at their own expense, shall be required to enter into a subdivision improvement agreement with the city to complete such public improvements in accordance with Section 16.80.060 (Completion of improvements). Performance of the agreement shall be guaranteed by the security specified in this section.
A. The form and content of subdivision improvement agreements shall be approved by the city attorney. The agreement shall include, but not be limited to, the following minimum terms and conditions:
1. Construction of all improvements as set forth in the approved plans and specifications.
2. The maximum period within which all improvements shall be completed to the satisfaction of the city engineer.
3. Provisions for inspection of all improvements by the city engineer and payment of fees by the subdivider for the cost of such inspection and all other incidental costs incurred by the city in enforcing the agreement.
4. A provision that if the subdivider fails to complete the work within the specified period of time, or any extended period of time that may have lawfully been granted to the subdivider, the city may, at its option, complete the required improvement work and the subdivider and his surety shall be firmly bound, under a continuing obligation, for payment of the full cost and expense incurred or expended by the city in completing such work, including interest from the date of notice of the cost and expense until paid.
5. A provision that, in the event of litigation occasioned by a default of the owner or subdivider, his successors or assignees, the owner or subdivider, his successors or assignees will pay all costs involved, including reasonable attorneys’ fees, and that the same may be recovered as part of a lien against the real property.
6. Additional terms or provisions, as may be necessary, pertaining to the forfeiture, collection, and disposition of improvement security upon the failure of the contracting party to comply with the terms and provisions thereof or with the terms and provisions of this chapter.
B. Subdivision improvement agreements shall be valid for a period specified in the agreement, but not to exceed two years from the effective date of the agreement. The city engineer may, in his/her discretion, extend the term of the subdivision improvement agreement. The agreement shall not only bind the present subdivider, but also his heirs, successors, executors, administrators, and assignees, so that the obligation runs with the real property. All agreements shall be executed by all those parties executing the final map or parcel map, with all signatures acknowledged before a notary public, and shall be transmitted by the city clerk to the Riverside County recorder concurrently with the final map or parcel map. The agreement shall be recorded upon the title of said real property, in the office of the county recorder, at the expense of the subdivider.
C. Improvement securities shall be required to be posted as a guarantee of the performance of any act, improvement, or obligation required as a condition of approval of any final tract map, parcel map waiver, lot line adjustment, or lot merger. Unless otherwise provided herein, all such improvement securities shall be provided in one of the following forms, subject to the approval of the city engineer and the city attorney:
1. A bond or bonds by one or more duly authorized corporate sureties substantially in the form prescribed in the Map Act and subject to the approval and acceptance of the city attorney and city council.
2. A deposit with the city of either immediately negotiable bonds or a letter of credit.
3. Any other form of security, including a lien or other security interest in real property, which the city engineer and the city attorney may, in their discretion, allow, provided they determine that it is equivalent to the foregoing forms of security in terms of security and liquidity.
4. Any written contract or document creating security interest established pursuant to subsection (C)(3) of this section shall be recorded in the office of the county recorder. From the time of recordation, a lien shall attach to the real property described therein, which lien shall have the priority of a judgment lien in the amounts specified.
D. The subdivider shall provide as security to the city:
1. For performance and guarantee: an amount determined by the city engineer equal to one hundred percent (100%) of the total estimated cost of the improvement to be performed, including grading monumentation. The estimated cost of improvement shall include a ten percent (10%) contingency and a ten percent (10%) increase for projected inflation computed to the estimated midpoint of construction.
2. For payment: an amount determined by the city engineer equal to fifty percent (50%) of the total estimated cost of the improvement to be performed, excluding grading and monumentation.
E. Improvement security may be released in whole or in part upon the completion and acceptance of all or part of the act or work by the city engineer or the authorized official; provided, however, such release shall not apply to the amount of security deemed necessary by the city engineer for the guarantee and warranty period, nor to costs and reasonable expense fees, including reasonable attorneys’ fees, incurred by the city in enforcing any improvement agreement. The subdivider shall not be entitled to any reduction in security until all improvements have been completed to the satisfaction of the city engineer. (Ord. 22-12 § 3 (Exh. A))
16.80.060 Completion of improvements.
A. Public improvements required as a condition of approval shall be completed in accordance with this chapter, unless they are deferred pursuant to Section 16.80.030 (Deferred improvements). The city engineer shall review and approve any improvement agreement, conduct an inspection, and approve any constructed public improvement necessary to satisfy this provision, with the city council providing final approval of any agreement or acceptance of any completed public improvement.
B. Once begun, public improvements for a final map, or for a parcel map when required, shall be constructed to completion without interruption. The subdivider shall exercise due diligence to ensure that this provision is met to the satisfaction of the city engineer. Construction and inspection of public improvements shall be governed by city standards and the requirements of any applicable permit.
C. The city engineer may release in whole or in part an amount of the applicable securities upon determination that the relevant public improvement is complete.
D. Notwithstanding any applicable agreement, the ownership of, and responsibility for, the construction and maintenance of any public improvement is held by the subdivider and shall remain so until such time as the city engineer accepts the completed public improvements.
E. Upon acceptance of a public improvement, a notice of completion for that public improvement shall be filed, and city engineer shall release applicable securities in whole or in part for that public improvement. This action shall serve to transfer ownership and maintenance responsibility of the public improvement from the subdivider to the city, and to provide full acceptance of the applicable dedication or easement, which acceptance had been contingent upon completion and acceptance of public improvements within said dedication or easement, subject to the terms of any applicable agreement.
F. Upon acceptance of a public improvement, the public improvement shall be considered to have entered the warranty period. The warranty period shall be a minimum of one year or such period as necessary to ensure that the public improvements are suitable for public ownership and maintenance responsibility, as determined by the city engineer. A minimum of ten percent (10%) of the securities shall be retained for the duration of the warranty period.
G. Public park facilities shall be completed in accordance with the provisions of this chapter and to the satisfaction of the director. The director, in consultation with the city engineer and chief of public utilities, shall provide final approval and acceptance of public park facilities and other fee title interests. (Ord. 22-12 § 3 (Exh. A))