Chapter 11-8 SUBDIVISION IMPROVEMENTS

No final map shall 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 agreement with the City to do such work.

11-8-102 Required.

All improvements as may be required as conditions of approval of the tentative map or by City laws, together with, but not limited to, the improvements required by this article, shall be required for all subdivisions.

Requirements for the construction of on-site and off-site improvements for subdivisions for four (4) or less parcels shall be noted on the parcel map, or waiver of the parcel map, or the subdivision improvement agreement recorded prior to or concurrent with the parcel map.

The completion of improvements shall be in accordance with Article 9 of this chapter.

11-8-103 Storm drainage.

Any subdivision shall be provided with or pay a fee for positive storm drainage facilities in accordance with the Storm Drainage Master Plan adopted by the Council. The storm water system shall provide for the protection of abutting and off-site properties which obviously would be affected by any increase in run-off from the development.

11-8-104 Sanitary sewers.

Each unit or lot within the subdivision shall be connected to the City sanitary sewer system.

11-8-105 Water supply.

Each unit or lot within the subdivision shall be served by a City domestic water system or franchised water system servicing the area regulated by the Public Utilities Commission of the State.

11-8-106 Utilities.

Each unit or lot within the subdivision shall be served by gas (if required), electric, telephone, and cable television facilities. Where natural gas is unavailable, solar hot water heating shall be provided as a backup to an electric water heating system.

11-8-107 Underground utilities.

All utilities within the subdivision and along peripheral streets shall be placed underground, except that undergrounding shall not be required for existing overhead lines of the peripheral streets provided no new aerial drops are used to serve the development.

11-8-108 Street trees.

Each subdivider shall plant and maintain street trees, as required by this Code and designated by the Council by resolution, prior to the issuance of a certificate of occupancy or approval of final inspection by the Permits and Inspections Division.

Article 2. Deferred Improvement Agreements

11-8-201 Subdivisions of four or less parcels.

The frontage improvements along existing peripheral streets may be deferred when deemed necessary by the City Engineer. Deferral will be allowed when the City Engineer finds that construction is impractical due to physical constraints or the surrounding neighborhood is absent of similar improvements. When improvements are deferred, the subdivider shall enter into an agreement with the City for the installation of all frontage improvements at such time in the future as required by the City. The agreement shall provide:

(a) That the construction of such improvements shall commence within sixty (60) days after the receipt of the notice to proceed from the City;

(b) That in the event of default by the owner or his successors or assigns, the City is authorized to cause such construction to be done and charge the entire cost and expense to the owner, or his successors or assigns, including interest from the date of the notice of such costs and expenses until paid;

(c) That the agreement shall be recorded in the office of the County Recorder at the expense of the owner and shall constitute notice to all successors and assigns of the title to the real property of the obligation set forth, and also a lien in an amount to fully reimburse the City, including interest as set forth in subsection (b) of this section, subject to foreclosure in the event of default in payment;

(d) That in the event of litigation occasioned by any default of the owner, or his successors or assigns, the owner, or his successors or assigns, agrees to pay all costs involved, including reasonable attorneys' fees, and that such costs shall become apart of the lien against the real property; and

(e) That the term "owner" shall include not only the present owner but also his heirs, successors, executors, administrators, and assigns, it being the intent of the parties that the obligations undertaken shall run with the real property and constitute a lien against it.

The agreement shall not relieve the owner from any other specific requirements. The construction of deferred improvements shall conform to the provisions of this title and all applicable sections of this Code in effect at the time of construction.

11-8-202 Remainder parcels.

Where remainders are made a part of a final map or parcel map, the subdivider shall 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 parcel. The improvements shall be at the subdivider's expense. In the absence of an agreement, the City may require the fulfillment of the construction requirements within a reasonable time following the approval of the map upon a finding that the fulfillment of the construction requirements is necessary for reasons of:

(a) The public health and safety; or

(b) The required construction is a necessary prerequisite to the orderly development of the surrounding area.

Article 3. Design

11-8-301 General.

The design and layout of all required improvements, both on the site and off the site, private and public, shall conform to generally acceptable engineering standards and to such standards as approved by the City.

11-8-302 Energy conservation.

The design of a subdivision for which a tentative map is required pursuant to Chapter 5 of this title shall provide, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision.

Examples of passive or natural heating opportunities in subdivision design include the design of the lot size and configuration to permit the orientation of a structure in an east-west alignment for southern exposure.

Examples of passive or natural cooling opportunities in subdivision design include the design of the lot size and configuration to permit the orientation of a structure to take advantage of shade or prevailing breezes.

In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and such provisions shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning laws in force at the time the tentative map is filed.

The requirements of this section shall not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added.

For the purpose of this section, "feasible" shall mean capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

11-8-303 Access.

The subdivision shall abut upon or have an approved access to a public street.

The street layout shall be designed to provide for future access to, and not impose undue hardship upon, property adjoining the subdivision.

Reserve strips, or nonaccess at the end of streets or at the boundaries of subdivisions, shall be dedicated unconditionally to the City when required.

Article 4. Improvement Plans

11-8-401 General.

Improvement plans shall be prepared under the direction of, and signed by, a registered civil engineer licensed by the State.

Improvement plans shall include, but not be limited to, grading, storm drains, streets, and related facilities.

11-8-402 Form.

Plans, profiles, and details shall be legibly drawn, printed, or reproduced on sheets twenty-four (24") inches by thirty-six (36") inches. A border shall be made on each sheet at the top, bottom, and right side with a one-inch minimum border on the left side.

A suitable title block shall be placed in the lower right corner or along the right edge and provide adequate space for approval by the City Engineer and for the approval of plan revisions.

Plans and profiles shall be drawn to the scale of one inch equals fifty (50') feet, or a larger scale, unless approved by the City Engineer. Details shall be drawn to such scale that clearly shows the facility being constructed. The scale for various portions of the plans shall be shown on each sheet.

A vicinity map shall be shown on the first sheet of all sets of plans.

A north arrow shall be shown on each sheet when applicable.

Plans shall be laid out to orient north to the top or right edge of the sheet, unless approved otherwise by the City Engineer.

Lettering shall be legible.

If the plans include three (3) or more sheets, a cover sheet showing the streets, lots, easements, storm drains, index, and vicinity map shall be included.

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.

11-8-403 Contents.

The improvement drawings shall show complete plans, profiles, and details for all required improvements to be constructed, both public and private, including common areas.

Reference may be made to the Standard Plans and Specifications of the City in lieu of duplicating the drawings.

11-8-404 Supplementary plans and calculations.

Hydrology, hydraulic plans, and calculations, bond estimates, and any structural calculations as may be required shall be submitted with the improvement plans to the City Engineer. All calculations shall be legible and systematic, signed and dated by a registered civil engineer licensed by the State, and in a form approved by the City Engineer.

11-8-405 Review by the City Engineer.

The subdivider shall submit two (2) sets of the improvement plans and all computations to the City Engineer for review. Upon the completion of the review, one set of the preliminary plans, with the required revisions indicated, shall be returned to the subdivider's engineer.

11-8-406 Approval by the City Engineer.

After completing all required revisions, the subdivider's engineer shall transmit the originals of the improvement plans to the City Engineer for signature.

Upon finding that all required revisions have been made and that the plans conform to all applicable City laws, design review requirements, and conditions of approval of the tentative map, the City Engineer shall sign and date the plans. The originals shall be returned to the subdivider's engineer.

Approval by the City Engineer shall in no way relieve the subdivider or the subdivider's engineer from responsibility for the design of the improvements, and for any deficiencies resulting from the design, or from any required conditions of approval of the tentative map.

Article 5. Revisions to Approved Plans

11-8-501 Revisions requested by subdividers.

Requests by the subdivider or the engineer for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the City Engineer or authorized representative and shall be accompanied by revised drawings showing the proposed revision. If the revision is acceptable, the originals shall be submitted to the City Engineer's office for initialing. The originals shall be returned to the subdivider's engineer, and the revised plans shall be immediately transmitted to the City Engineer. The construction of any proposed revision shall not be permitted to commence until the revised plans have been received and forwarded to the Permits and Inspections Division. Reproducible "as-built" drawings shall be provided to the City upon the completion of the project before the filing of the notice of completion.

11-8-502 Revisions requested by the City Engineer.

When revisions are deemed necessary by the City Engineer to protect the public health and safety, or as field conditions may require, a request in writing shall be made to the subdivider and engineer. The subdivider's engineer shall revise the plans and transmit the originals to the City Engineer for initialing within the specified by the City Engineer.

Upon the receipt of the initialed originals, the subdivider's engineer shall immediately transmit revised drawings to the City Engineer. The construction of all or any portion of the improvements may be stopped by the City Engineer until revised drawings have been submitted.

The subdivider may appeal revisions required by the City Engineer as provided by Title 1, Chapter 4 of this Code.

(866-CS, Amended, 02/09/1995)

11-8-503 Plan-checking and inspection costs for revisions.

Costs incurred by the City for the checking of plans or calculations or inspections as a result of substantial revisions to the approved plans shall be borne by the subdivider at a cost as determined by resolution. A deposit, when required, shall be submitted with the revised prints and applied toward the actual costs.

11-8-504 Improvement agreements.

The improvement agreement shall be prepared and signed by the City Manager and approved as to form by the City Attorney. The agreement shall provide for:

(a) The construction of all improvements according to the approved plans and specifications on file with the City Engineer;

(b) The completion of improvements within the time specified by Article 9 of this chapter;

(d) The warranty by the subdivider that construction will not adversely affect any portion of adjacent properties;

(e) The payment of inspection fees in accordance with the City's resolution establishing fees and charges;

(f) The payment of in-lieu fees for park land dedications;

(g) The payment of drainage district or area fees;

(h) Improvement security as required by this chapter;

(i) The maintenance and repair of any defects or failures and causes thereof;

(j) The release of the City from all liability incurred by the development and the payment of all reasonable attorneys' fees which the City may incur because of any legal action arising from the development;

(k) Any other deposits, fees, or conditions as required by City laws and as may be required by the City Engineer; and

(l) Waivers with acceptance by the signature of the City Engineer if parcel improvements are under Five Thousand and no/100ths ($5,000.00) Dollars.

Article 6. Improvement Security

11-8-601 General.

Any improvement agreement, contract, or act required or authorized by the Subdivision Map Act for which security is required shall be secured in accordance with Section 66499 of the Subdivision Map Act and as provided in this article.

No final map or parcel map shall be signed by the City Engineer or recorded until all improvement securities required by this article have been received and approved.

11-8-602 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. The security shall remain on deposit in full until released by the City:

(a) A bond or bonds by one or more duly authorized corporate sureties;

(b) A deposit with the City of money or negotiable bonds of the kind approved for securing deposits of public moneys; and

(c) An instrument of credit from one or more financial institutions subject to regulation 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.

The provisions of the bond or bonds shall be in accordance with Section 66499.1 and 66499.2 of the Subdivision Map Act.

11-8-603 Amount of security.

A performance bond or security in the amount of one hundred (100%) percent of the estimated construction cost to guarantee the installation of survey monuments, lot corners, and construction staking by the engineer shall be required for all subdivisions. An additional amount of fifty (50%) percent of the estimated construction costs shall be required to guarantee the payment to the subdivider's contractor, subcontractors, and persons furnishing labor, materials, or equipment for the construction or installation of improvements.

The estimate of improvement costs shall be as approved by the City Engineer and shall provide for:

(a) Not less then five (5%) percent nor more than ten (10%) percent of the total construction costs for contingencies;

(b) An increase for projected inflation computed to the estimated mid-point of construction; and

(c) In addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorneys' fees, incurred in enforcing the obligation secured.

11-8-604 Cash bonds.

The subdivider shall deposit with the City an amount to be determined by a formula set by the Council. The deposit may be used at the discretion of the City to correct deficiencies and conditions caused by the subdivider or contractor which may arise during or after the construction of the subdivision. Any unexpended amount shall be returned to the subdivider at the time all bonds are released.

11-8-605 Warranty security.

Before the final acceptance of the subdivision improvements by the City, the subdivider shall provide security in an amount as required by the City Engineer to guarantee the improvements throughout the warranty period. The amount of the warranty security shall be not less than ten (10%) percent of the costs of the construction of the improvements, including the cash bond which shall be retained for the one-year warranty period.

11-8-606 Monumentation security.

If the monuments are not to be set at the time the map is recorded, but will be set at a future date as specified and certified to by the engineer or surveyor, the subdivider shall post a separate security guaranteeing the payment of the cost of setting the monuments. The engineer or surveyor shall notify the subdivider and City Engineer within five (5) days after setting the monuments that the monuments have been set. The subdivider shall pay the engineer or surveyor for the cost of setting the monuments within three (3) months after the date of notification by the engineer or surveyor. If the subdivider does not pay the engineer or surveyor within three (3) months, the City shall pay the engineer or surveyor from the security and refund the difference, if any, to the subdivider.

Article 7. Release of Improvement Security

11-8-701 Performance security.

The performance security shall be released only upon the acceptance of the improvements by the City and when an approved warranty security has been filed with the City Engineer. If warranty security is not submitted, the performance security shall be released twelve (12) months after the acceptance of the improvements and correction of all warranty deficiencies.

11-8-702 Material and labor security.

Security given to secure payment to the contractor, subcontractors, and persons furnishing labor, materials, or equipment, six (6) months after the completion and acceptance of the improvements by the Council, may be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the Council. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

11-8-703 Warranty security.

The warranty security shall be released upon the 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 (12) months have elapsed since the acceptance of the improvements by the Council.

11-8-704 Construction.

The construction methods and materials for all improvements shall conform to the Standard Plans and Specifications of the City. The General Provisions of the Standards Specifications of the City shall apply to the subdivider where applicable.

Construction shall not commence until the required improvement plans have been approved by the City Engineer.

Article 8. Construction Inspections

11-8-801 General.

All improvements shall be subject to inspection by the Permits and Inspections Division in accordance with the Standard Specifications of the City.

11-8-802 Pre-construction conferences.

Prior to commencing any construction, the subdivider may arrange for a pre-construction conference with the City Engineer.

11-8-803 Final inspections and deficiency lists.

Upon the completion of the subdivision improvements, the developer shall apply in writing to the Permits and Inspections Division for a preliminary final inspection. The Division shall schedule a preliminary final inspection.

A deficiency list shall be compiled during the inspection, noting all corrections or any additional work required. If the number of items is excessive or the subdivision appears incomplete, the preliminary final inspection may be halted and rescheduled on a date as determined by the Division.

When the preliminary final inspection has been completed, a copy of the deficiency list shall be transmitted to the subdivider for correction.

Upon having completed all corrections or additional work as outlined by the deficiency list, the subdivider shall certify in writing that all the corrections have been completed satisfactorily and request a final inspection. The Permits and Inspections Division shall then make a final inspection.

Upon finding that all items on the deficiency list have been corrected and the receipt of as-built improvement plans, the subdivision shall be placed on the Council agenda for acceptance.

11-8-804 Project maintenance, cleanup and dust control.

Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the contractor shall keep the work site free from rubbish and debris. The contractor shall also abate dust nuisance by cleaning, sweeping, and sprinkling with water or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods.

When required by the plans or by request of the inspector, the contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each working day to keep paved areas acceptably clean wherever construction, including restoration, is incomplete.

Materials and equipment shall be removed from the site as soon as they are no longer necessary; and upon completion of the work and before final inspection, the entire work site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactorily clean and neat appearance.

Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned.

Excess excavated material from catchbasins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill. Forms and form lumber shall be removed from the site as soon as practicable after stripping.

Earth dams will not be permitted at catchbasin openings, local depressions or elsewhere, except in times of emergency. Temporary dams of sand bags, asphaltic concrete, or other acceptable material may be permitted when necessary to protect the work, provided their use does not create a hazard to the public. Such dams shall be removed form the site as soon as their use is no longer necessary.

Failure of the contractor to comply with the engineer's cleanup orders may result in an order to suspended work until the condition is corrected.

Article 9. Completion of Improvements

11-8-901 Subdivisions of five or more parcels.

The improvements for subdivisions of five (5) or more parcels shall be completed by the subdivider within twelve (12) months, or such time as approved by the City Engineer, not to exceed a period of twenty-four (24) months, after the recording of the final map.

Should the subdivider fail to complete the improvements within the specified time, the City, by resolution of the Council and at its options, may cause any or all uncompleted improvements to be completed, and the parties executing the sureties shall be firmly bound for the payment of all necessary costs.

11-8-902 Subdivisions of four or less parcels.

The completion of improvements for subdivisions of four (4) or less parcels will not be required until such time as a permit or other grant of approval for the development of the improvements may be required by a specified date by the City when the completion of such improvements is found to be necessary for the public health or safety or for the orderly development of the surrounding area. Such findings 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 the final building inspection or occupancy of any unit within the subdivision.

11-8-903 Extensions.

The completion date may be extended by the City Manager for subdivisions of five (5) or more parcels and by the City Engineer for subdivisions of four (4) or less parcels upon a written request by the developer and the submittal of adequate evidence to justify the extension. The request shall be made not less than thirty (30) days prior to the expiration of the subdivision improvement agreement.

The subdivider shall enter into a subdivision improvement agreement extension with the City. For subdivisions of five (5) or more parcels, 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 Council for its consideration. If approved by the Council, the City Manager shall execute the agreement on behalf of the City.

In consideration of a subdivision improvement agreement extension, the following may be required:

(a) The revision of the 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;

(d) The inspection fees may be increased to reflect current construction costs but shall not be subject to any decrease or refund.

The Council may impose additional requirements as recommended by the City Engineer or as the Council may deem necessary as a condition to approving any time extension for the completion of improvements.

The costs incurred by the City in processing the agreement shall be borne by the subdivider at actual cost.

Article 10. Acceptance of Improvements

11-8-1001 General.

When all improvement deficiencies have been corrected and as-built improvement plans filed, the subdivision improvements shall be considered by the City for acceptance. Subdivisions of five (5) or more parcels shall be accepted by the Council. The City Engineer or authorized representative shall be responsible for the acceptance for subdivisions of four (4) or less parcels.

The acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that the public improvements have been accepted by public use.

11-8-1002 Notices of completion.

When the subdivision has been accepted by the City, the City Clerk shall cause to be filed with the County Recorder a notice of completion.

11-8-1003 Acceptance of a portion of the improvements.

When requested by the subdivider in writing, the City may consider the acceptance of a portion of the improvements as recommended by the City Engineer. The improvements will be accepted by the City only if it finds that it is in the public interest and that such improvements are for the use of the general public.

The acceptance of a portion of the improvements shall not relieve the subdivider from any other requirements imposed by this chapter.