Chapter 16.22
IMPROVEMENTS
Sections:
16.22.030 Required improvements.
16.22.040 Deferred improvements.
16.22.070 Improvement agreement.
16.22.080 Improvement security.
16.22.090 Construction and inspection.
16.22.100 Completion of improvements.
16.22.110 Acceptance of improvements.
16.22.010 Purpose.
The purpose of this chapter is to ensure that the facilities provided for the subdivision are designed and installed pursuant to city standards and the general plan. (Ord. 05-002 § 1 (part), 2005)
16.22.020 General.
The subdivider shall construct all required improvements, both on-site and off-site, in accordance with the standard engineering specifications and other approved standards as provided by this chapter and by the city council’s resolution or resolutions establishing such standards. No final map shall be presented to the council, or parcel map to the subdivision committee, for approval until the subdivider either completes the required improvements, or enters into an agreement with the city agreeing to do the work. (Ord. 05-002 § 1 (part), 2005)
16.22.030 Required improvements.
A. General. All improvements as may be required as conditions of approval of the tentative map or by city ordinance or resolution, together with, but not limited to, the required improvements set forth in this chapter shall be required of all subdivisions. Requirements for construction of on-site and off-site improvements for subdivisions of four or fewer parcels shall be noted on the parcel map, or waiver of parcel map or the subdivision improvement agreement recorded prior to or concurrent with the parcel map. Completion of improvements shall be in accordance with Section 16.22.100.
B. Frontage Improvements. The frontage of each lot shall be improved to its ultimate adopted geometric section, including street structural section, curbs, sidewalks, driveway approaches and transitions.
C. Storm Drainage. Stormwater runoff from the subdivision shall be collected and conveyed by an approved stormdrain system. The stormdrain system shall be designed for ultimate development of the watershed, shall be capable of collecting and conveying runoff generated by a ten-year flood, and shall be capable of providing overland release of one hundred-year flood waters to the main drainage channel or corridor. The stormdrain 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 stormdrain improvements may be required to satisfy this requirement.
D. Sanitary Sewers. Each unit or lot within the subdivision shall be served by the sanitary sewer system that serves the city.
E. Water Supply. Each unit or lot within the subdivision shall be served by the domestic water system that serves the city.
F. Other Utilities. Each unit or lot within the subdivision shall be served by natural gas, electric, telephone and cablevision facilities.
G. Fencing. Each parcel or lot within the subdivision that is adjacent to property containing a public facility shall have an approved fence adequate to prevent unauthorized access between the properties.
H. Other Improvements. Other improvements including, but not limited to, grading, street lights, fire hydrants, signs, street lines and markings, street trees and shrubs, landscaping, monuments, bicycle facilities, fences, and smoke detectors, any other best management practices or requirements imposed by the city engineer in order to comply with current national pollutant discharge elimination system municipal storm water permit, or fees in lieu of any of the foregoing, shall also be required as determined by the city engineer in accordance with this title, the general plan and city standards and specifications.
I. 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, the city shall, within one hundred twenty days of recording the final map, acquire by negotiation or commence condemnation of the land. If the city fails to meet the one hundred twenty-day time limit, the condition for the construction shall be waived. Prior to approval of the final map, the city may require the subdivider to enter into an agreement to complete the off-site improvements at the time the city acquires title or 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. (Ord. 05-002 § 1 (part), 2005)
16.22.040 Deferred improvements.
A. Subdivisions of Four or Fewer Parcels. The frontage improvements along peripheral streets may be deferred when deemed necessary by the city engineer for subdivisions of four or fewer parcels. When improvements are deferred, the subdivider and/or owner of the real property shall enter into an agreement with the city, in 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 city clerk shall execute the agreement on behalf of the city. The agreement shall provide for the following:
1. Construction of improvements shall commence within ninety days of the receipt of the notice to proceed from the city and shall be completed within the time specified by Section 16.22.100;
2. That in the event of a default by the subdivider and/or owner, the city is authorized to cause construction to be done and charge the entire cost and expense to the subdivider and/or owner, including interest from the date of notice of such cost and expense until paid;
3. That the agreement shall be recorded with the county recorder at the expense of the subdivider and/or 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 in this chapter, subject to foreclosure in the event of a default in payment;
4. That in event of litigation occasioned by any default of the subdivider and/or owner, the subdivider and/or owner agree to pay all costs involved, including reasonable attorney’s fees, and that the same shall become a part of the lien against the real property;
5. That the terms “subdivider” and “owner” include, respectively, not only the subdivider and the present owner of the real property but also heirs, successors, executors, administrators and assigns thereof, it being the intent of the parties that the obligations undertaken shall run with the real property and constitute a lien against it;
6. Any other improvement security as required by Section 16.22.080;
7. Any other provisions required by the city as reasonably necessary to effectuate the purposes and provisions of the Subdivision Map Act and this title. The agreement shall not relieve the subdivider or owner from any other specific requirements of the Subdivision Map Act, this title or law. The construction of deferred improvements shall conform to the provisions of this chapter and all applicable chapters of this title in effect at the time of construction.
B. Remainders. Where a remainder is made part of a final or parcel map, the subdivider may enter into an agreement with the city to construct improvements within the remainder at some future date and prior to the issuance of a permit or other grant of approval for the development of a remainder. The improvements shall be at the subdivider’s expense. In the absence of such an agreement, the city may require fulfillment of the construction requirements within a reasonable time following approval of the final or parcel map and prior to the issuance of a permit or other grant of approval for the development of the remainder, upon a finding that fulfillment of the construction requirements is necessary for reasons of:
1. The public health and safety; or
2. The required construction is a necessary prerequisite to the orderly development of the surrounding area. (Ord. 05-002 § 1 (part), 2005)
16.22.050 Design.
A. General. The design and layout of all required improvements, both on-site and off-site, private and public, shall conform to generally accepted engineering standards, standard engineering specifications, city standards, city ordinances, the Subdivision Map Act, and applicable provisions of this title.
B. Energy Conservation. The design of a subdivision for which a tentative map is required shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, contour, configuration of the parcel to be divided and other design and improvement requirements. The provision shall not result in reducing allowable densities, or the percentage of a lot that may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed. The requirements of this subsection do not apply to condominium projects that consist of the subdivision of airspace in an existing building when no new structures are added. For the purpose of this subsection, “feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, social, environmental, and technological factors.
C. Cable Television Service. The design of a subdivision for which a tentative map or parcel map is required shall provide one or more appropriate cable television systems an opportunity to construct, install and maintain, on land identified on the map as dedicated or to be dedicated to public utility use, any equipment necessary to extend cable television services to each residential parcel in the subdivision. For the purpose of this subsection, “appropriate cable television systems” means those franchised or licensed to serve the geographical area in which the subdivision is located. This subsection shall not apply to the conversion of existing dwelling units to condominiums, community apartments, or stock cooperatives. (Ord. 05-002 § 1 (part), 2005)
16.22.060 Access.
A. Public Street. All lots or parcels shall have access to a public street improved to the standards set forth in this title.
B. Private Streets. Private streets shall not normally be permitted. However, if the approving body determines that the most logical development of the land requires that lots be developed with access to private streets such a development may be approved. The subdivider, shall submit a development plan showing the alignment, width, grade and material specifications of any proposed private street, the topography and means of access to each lot and the drainage, sewer and water service and fire protection for the lots served by such private street. The private street shall be constructed in accordance with standard engineering specifications of the city as approved by the city engineer. Construction of the private street shall be completed prior to the completion of the construction and/or occupancy of the lots. The subdivider shall be required to provide a method for the maintenance of such private streets, which method shall be subject to the prior approval of the city engineer and city attorney; this method may consist of providing covenants, conditions and restrictions (CC&R’s) recorded prior to or concurrent with the final map and prior to the city releasing any bonding for the streets.
C. Flag Lots. If flag lots are approved as part of the subdivision, the requirements, including the improvements to the stem of the flag lots, shall be as described for private streets in subsection B of this section.
D. Reserve Strips. Reserve strips, or non-access easements at the end of streets or at the boundaries of subdivisions, shall be dedicated unconditionally to the city when required by the city. (Ord. 05-002 § 1 (part), 2005)
16.22.070 Improvement agreement.
The improvement agreement, also known as the subdivision agreement, shall be prepared by the city attorney. The agreement shall provide for:
A. Construction of all improvements required pursuant to Section 16.22.030, including any required off-site improvements, according to the approved plans and specifications on file with the city engineer;
B. Completion of improvements within the time specified by Section 16.22.100;
C. Right of the city to modify plans and specifications and to require the subdivider to pay for modifications;
D. Warranty by the subdivider that construction will not adversely affect any portion of adjacent properties;
E. Payment of inspection fees in accordance with the city’s resolution;
F. Payment of in-lieu fees for undergrounding of utilities on peripheral streets;
G. Payment of planned drainage facility fee;
H. Improvement security as required by Section 16.22.080;
I. Maintenance and repair of any defects or failures and their causes;
J. 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;
K. Any other deposits, reimbursements, fees or conditions as required by city ordinance or resolution and as may be required by the city engineer;
L. Any other provisions required by the city as reasonably necessary to effectuate the purposes and provisions of the Subdivision Map Act and this title. (Ord. 05-002 § 1 (part), 2005)
16.22.080 Improvement security.
A. General. Any improvement agreement, contract or act required or authorized by the Subdivision Map Act or this chapter, for which security is required, shall be secured in accordance with Section 66499 et seq. of the Subdivision Map Act and as provided in this chapter. No final map or parcel map shall be signed by the city engineer or recorded until all improvement securities required by this section have been received and approved.
B. Form of Security. The form of security shall be one or the combination of the following at the option and subject to the approval of the city:
1. Bond or bonds by one or 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 instrument of credit or letter of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment;
4. Any other form of security as provided in Section 66499 of the Subdivision Map Act.
C. Amount of Security. A performance bond or other security in the amount of one hundred percent of the total estimated construction cost to guarantee the construction or installation of all improvements shall be required of all subdivisions. An additional amount of fifty 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. The estimate of improvements costs shall be as approved by the city engineer and shall provide for:
1. Not less than five percent nor more than ten percent of the total construction cost for contingencies;
2. Increase for projected inflation computed to the estimated midpoint of construction; and
3. 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.
D. Cash Bond. The subdivider shall deposit with the city not less than one thousand dollars cash for subdivisions of four or fewer parcels, and three thousand dollars for other subdivisions, or an additional amount as required by the city engineer, not to exceed one percent of the total estimated construction cost. The deposit may be used at the discretion of the city to correct deficiencies and conditions caused by the subdivider, contractor or subcontractors that may arise during or after the construction of the subdivision. Any unexpended amount will be returned to the subdivider at the time all bonds and other security are released.
E. 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 which shall be the period of one year following the completion and acceptance of the improvements. The amount of the warranty security shall not be less than ten percent of the cost of the construction of the improvements, including the cash bond, which shall be retained for the one-year warranty period.
F. Reduction in Performance Security. The city engineer may authorize in writing the release of a portion of the security in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work progresses upon application by the subdivider, but in no case shall the security be reduced to less than ten percent of the total improvement security given for faithful performance. The amount of reduction of the security shall be determined by the city engineer; however, in no event shall the city engineer authorize a release of the improvement security which would reduce security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by the Subdivision Map Act, this title or the improvement agreement.
G. Release of Improvement Security.
1. Performance Security. The performance security shall be released only upon acceptance of the improvements by the city council and when an approved warranty security has been filed with the city engineer. If a warranty security is not submitted, performance security shall be released twelve months after acceptance of improvements and correction of all warranty deficiencies.
2. Material and Labor Security. Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment may, six months after the completion and acceptance of the improvements by the city, be reduced to an amount equal to the amount of all claims filed and of which notice has been given to the city council. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given.
3. Warranty Security. The warranty security shall be released 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 twelve months have elapsed since the acceptance of the improvements by the city. (Ord. 05-002 § 1 (part), 2005)
16.22.090 Construction and inspection.
The construction methods and materials for all improvements shall conform to the standard engineering specifications and all other standard plans and specifications of the city. Construction shall not commence until all required improvement plans have been approved by the city engineer. All improvements are subject to inspection by the city engineer or authorized personnel in accordance with the city’s approved specifications. (Ord. 05-002 § 1 (part), 2005)
16.22.100 Completion of improvements.
A. Subdivisions of Five or More Parcels. The improvements for subdivisions of five or more parcels shall be completed by the subdivider within twelve months, or such later time as approved by the city engineer, not to exceed thirty-six months, from the recording of the final map, unless an extension is granted by the city council. Should the subdivider fail to complete the improvements within the specified time, the city may, by resolution of the city council and at its option, cause any or all uncompleted improvements to be completed and the parties executing the security or securities shall be firmly bound for the payment of all necessary costs.
B. Subdivisions of Four or Fewer Parcels. The completion of improvements for subdivisions of four or fewer parcels shall not be required until a permit or other grant of approval for the development of any parcel within the subdivision is applied for. The completion of the improvements may be required by a specified date by the city when the completion of the improvements are completion of the improvements is found to be necessary for public health or safety or for the orderly development of the surrounding area. This finding shall be made by the city engineer or authorized representative. The specified date, when required, shall be stated in the subdivision improvement agreement. Improvements shall be completed prior to final building inspection or occupancy of any unit within the subdivision.
C. Extensions.
1. The completion date may be extended by the city council upon written request by the subdivider and the submittal of adequate evidence to justify the extension. The request shall be made not less than thirty days prior to expiration of the subdivision improvement agreement.
2. The subdivider shall enter into a subdivision improvement agreement extension with the city. The agreement shall be prepared 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 city clerk shall execute the agreement on behalf of the city.
3. In consideration of a subdivision improvement agreement extension, the following may be required:
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; and/or
d. Inspection fees may be increased to reflect current construction costs but shall not be subject to any decrease or refund.
4. The city council may impose additional requirements as recommended by the city engineer or as it may deem necessary as a condition to approving any time extension for the completion of improvements.
5. The costs incurred by the city in processing the agreement shall be paid by the subdivider at actual cost plus twenty-five percent of such cost for overhead expenses.
D. As-Built Plans. Upon completion of the improvements, the subdivider shall submit to the city engineer a reproducible set of as-built improvement plans. (Ord. 05-002 § 1 (part), 2005)
16.22.110 Acceptance of improvements.
A. General. With respect to all subdivisions, when all improvement deficiencies have been corrected and as-built improvement plans submitted, the completed subdivision improvements shall be considered by the city engineer for acceptance. Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use.
B. Acceptance. The city clerk shall file an acceptance of public improvements with the county recorder if the following actions have taken place:
1. The subdivision improvements have been accepted by the city engineer;
2. Public improvements have been dedicated on the final map or parcel map;
3. A homeowner’s association has been formed that will own and maintain the improvements;
4. The subdivider enters into a maintenance agreement with the city; and
5. Covenants, conditions and restrictions (CC&R’s) that ensure the maintenance obligations set forth in the conditions of approval have been approved by the city and recorded against the site.
C. Acceptance of a Portion of the Improvements. When requested by the subdivider in writing, the city may consider acceptance of a portion of the improvements. Such improvements will be accepted by the city only if the city finds that it is in the public interest to do so and such improvements are for the use of the general public. Acceptance of a portion of the improvements shall not relieve the subdivider from any other requirements imposed by this title. (Ord. 05-002 § 1 (part), 2005)