Chapter 14.12.040
Standard Improvements
Sections:
14.12.040.020 Installation of Public Improvements.
14.12.040.030 Transportation Improvements.
14.12.040.040 Other Improvements Required.
14.12.040.050 Deferred Improvement Agreements.
14.12.040.060 Improvement Standards.
14.12.040.070 Improvement Plans.
14.12.040.080 Prerequisite for Map Approvals or Building Permit Issuance.
14.12.040.090 Improvement Agreements.
14.12.040.100 Encroachment Permits.
14.12.040.110 Improvement Security.
14.12.040.120 Construction of Improvements.
14.12.040.130 Construction Inspection.
14.12.040.140 Completion of Improvements.
14.12.040.150 Acceptance of Improvements.
14.12.040.160 Supplemental Improvements.
14.12.040.170 Deferral, Waiver or Reduction of Required Improvements.
14.12.040.010 General.
A developer shall design and construct public improvements within the subdivision or development site which are needed to serve the subdivision or development. In addition to all the other requirements that arise out of the specific development proposal, and as provided in this division, a developer may be required to design and construct additional public improvements, within or outside of the subdivision or development, which are required to serve properties not within the subdivision or development site.
A. Baseline Minimum Standards. The City has established the baseline, minimum standards for the design and construction of public improvements in conjunction with the approval of a tentative map or land development permit. These standards are based on the concept of equivalent dwelling unit (EDU), as established during the process of the development improvement fees and the Utility Master Plans, and the determination of the City that these are the minimum standards necessary to adequately serve development within the City. These standards will also be used to evaluate whether or not design and construction of the improvements will qualify as being supplemental in accordance with Section 14.12.040.160.
1. The decision maker for a proposed development may require additional public improvements to:
a. Avoid or mitigate significant environmental impacts associated with the development of the property; or
b. To make the required mandatory findings for approving a specific development proposal.
2. The provisions of Section 14.12.040.160 will be used to determine if the required additional public improvements are supplemental.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.12.040.020 Installation of Public Improvements.
All improvements required as a condition of approval of a tentative map or land development permit shall be designed and constructed in accordance with the City’s standard specifications and, if applicable, any master facility plan, plan line, specific plan or policy plan. Improvements shall be completed within the time periods described below except when the conditions of approval of a tentative map or land development permit specify a different time or when the City approves a deferred improvement agreement in accordance with Section 14.12.040.050.
A. Subdivision Maps. All improvements required as a condition of approval of a tentative subdivision map shall be completed or their completion shall be guaranteed through an improvement agreement, prior to approval of a final map.
B. Parcel Maps. All improvements required as a condition of approval of a tentative parcel map shall be noted on the parcel map. The construction of such improvements by the developer shall be required when a land development permit is granted.
1. The decision maker may require the fulfillment of the construction requirements within a reasonable time following approval of the parcel map and prior to approval of the land development permit upon a finding by the decision maker that the earlier fulfillment of the construction requirements is needed:
a. To ensure the public health, safety, and welfare; or
b. As a prerequisite to the orderly development of the surrounding area.
C. Land Development Permits. All improvements required as a condition of approval of a land development permit shall be installed prior to or concurrently with issuance of a certificate of occupancy for a building, or the commencement of use of a site when no buildings are proposed.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.12.040.030 Transportation Improvements.
Transportation improvements, including, but not limited to, street paving, raised medians, turning pockets, curbs, gutters, sidewalks, trails, paths, and bus turnouts, shall be constructed at the ultimate adopted geometric street section along the frontage of a development or subdivision. The ultimate geometric street section will be that section identified in the City’s standard specifications except when a different section is required by an adopted plan line, specific plan or policy plan, or when additional improvements are needed in order to satisfy the requirements of Section 14.12.040.010.A.1.
A. The baseline, minimum standard for public streets shall be:
1. Residential public street: 36 feet wide, consists of paving, curb, gutter, minimum four-and-one-half-foot sidewalk, raised medians to accommodate vehicular turning movements and ancillary facilities included within the right-of-way, such as water and sanitary sewer lines, storm drain facilities, public utilities, and street lights.
2. Nonresidential public street: 40-foot-wide dimension which consists of paving, curb, gutter; minimum six-foot sidewalk, raised medians to accommodate vehicular turning movements, and ancillary facilities included within the right-of-way, such as water and sanitary sewer lines, storm drain facilities, public utilities, and street lights.
B. Traffic Level of Service Standards. A developer, as part of a request for approval of a tentative map or land development permit, shall design and construct such street improvements as are necessary to comply with the level of service standards contained in Division 14.13.
C. Existing Streets. When an existing public street abuts a site, a developer shall widen and reconstruct, if needed, such street to the centerline of its ultimate adopted geometric section, such that it conforms to the standard specifications, an adopted plan line or an adopted specific plan or policy plan.
1. Additional improvements to such street may be required in order to comply with adopted plans and policies or other provisions of this division. Consideration of whether such widening or improvement creates supplemental improvement capacity shall be conducted in accordance with Section 14.12.040.160.
D. Proposed Streets Partially Outside a Subdivision Map or Land Development. When a proposed public street lies partially outside the boundaries of a subdivision map or land development, the developer shall install frontage improvements on one side of the street, including a minimum width of street paving, as follows:
|
Residential Street |
32 feet |
|
Nonresidential Street |
36 feet |
This street paving shall be located wholly within the boundaries of the subdivision or land development, unless the developer acquires the right-of-way from the adjacent property owner.
E. Proposed Streets Completely Within the Tentative Map or Land Development. A developer shall design and construct a street to its ultimate geometric section when such street is located completely within the development or subdivision. The alignment and nature of the street improvements shall be consistent with the City’s General Plan and, as applicable, an adopted plan line or adopted specific or policy plan.
F. Paths, Trails and Walks. A developer, as part of a request for approval of a tentative map or land development permit, shall design and construct paths, trails and walks as are necessary to comply with the provisions of the City’s General Plan, any adopted plan lines, specific plans or policy plans and master plans.
1. The width of the facility shall be based on the following:
a. Minimum.
|
Residential and Low Intensity Nonresidential Uses |
4.5 – 5 feet |
|
Higher Intensity Nonresidential Uses With Heavier Pedestrian Traffic |
7 – 10 feet |
|
Joint Bicycle and Pedestrian Facility |
10 feet |
2. Consideration of whether the improvement or construction of the paths, trails and walks creates supplemental improvement capacity shall be conducted in accordance with Section 14.12.040.160.
G. Local Transit Facilities. A developer, as part of a request for approval of a tentative map or land development permit, shall design and construct for local transit facilities such as bus turnouts, benches, shelters, loading pads and similar items, as are necessary to comply with the provisions of the City’s General Plan, any adopted plan lines, specific plans or policy plans, and master plans.
H. Fire Access. When a subdivision or development abuts an open space area or other lands determined to be a fire hazard by the Fire Chief, the developer shall install adequate access for fire equipment and emergency vehicles, including an all-weather surfaced access way. This access way shall be provided in accordance with the standards adopted pursuant to the Uniform Fire Code and policies issued by the Fire Chief. The minimum width of the access way needs to be 20 feet.
1. An all-weather surface shall mean an access way that is capable of supporting all types of fire apparatus that may serve the development, including a fully loaded water tender (47,000 pounds gross weight), during inclement weather conditions. The structural detail of the access way will be dependent upon the soil type and geologic conditions, and be based upon an engineering report.
I. Deferral, Waiver or Reduction of Required Improvements. A deferral, waiver or reduction in improvements may be approved by the decision maker in accordance with Section 14.12.040.170.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.12.040.040 Other Improvements Required.
All improvements required as a condition of approval of a tentative map or land development permit shall be designed and constructed in accordance with the standard specifications, the standards and policies of the General Plan and, if applicable, any adopted specific plan or policy plan, or any master facility plan.
A. In order to provide improvements which comply with this division, as a condition of approval of a tentative map or land development permit, a developer may be required to design and construct improvements of supplemental capacity as listed under subsection A.(1) or (2) of this section. Compensation or reimbursement to the developer, if any, shall be provided in accordance with Section 14.12.040.160.
1. Within the subdivision or development area which benefit other properties outside the subdivision or development; or
2. Outside the subdivision or development area that also benefit other properties located outside the boundaries of the subdivision or development.
B. Exceptions for Agricultural Hillside Areas. A decision maker may grant an exception from the improvements required by this division in accordance with the provisions of Section 14.09.050.030.
C. Drainage. The design of a proposed subdivision or development site shall provide for the proper drainage of all proposed lots and improvements, based on the runoff that can be anticipated from ultimate development of the watershed area in which the development project is located. Storm water detention measures shall be provided when required by the City Engineer, in accordance with any master utility plans and the standard specifications, to reduce any adverse effects of increased runoff from development on downstream properties.
1. Storm drain pipe: minimum inside diameter of 15 inches;
2. When a subdivision or development abuts a designated creekway, the developer shall improve the dedicated creekway with a paved flood control access road in accordance with the standard specifications; and:
a. If the City determines that such improvements primarily benefit residents or others outside of the subdivision or development, the developer may be entitled to compensation in accordance with Section 14.12.040.160;
3. The developer of a subdivision or development with property that abuts a designated creekway shall repair any erosion damage to the drainage channel or construct erosion control improvements as deemed necessary by the City Engineer.
D. Sanitary Sewers. Unless provided otherwise within the Municipal Code, each lot within a subdivision and each building within a development shall be served by the municipal sewer system. As part of a request for approval of a tentative map or land development permit, a developer shall provide for the installation of sanitary sewers to serve the proposed development in accordance with the Standard Specifications and master utility plans and the provisions of this division.
1. Sewer main: minimum inside diameter of eight inches;
E. Water. Unless provided otherwise within the Municipal Code, each lot within a subdivision and each building within a development shall be served by the municipal water system. Improvements needed to provide this service shall be designed and constructed by the developer in accordance with the Standard Specifications and the Water Master Plan.
1. Water Main.
a. Single-family residential: minimum inside diameter of eight inches or the minimum size needed to comply with the requirements of the Uniform Fire Code or the Water Master Plan, whichever is greater; and
b. All other uses: minimum inside diameter of 12 inches or the minimum size needed to comply with the requirements of the Uniform Fire Code or the Water Master Plan, whichever is greater;
2. A decision maker may require the developer to install nonpotable water facilities for use in landscaping, industrial or other nondomestic uses.
F. Utilities. A developer shall be required to design and construct underground utilities to serve the proposed development. The types of such distribution or transmission utilities include, but are not limited to, electric, natural gas, telephone, cable television and other communication facilities. A developer shall make all necessary arrangements with utility companies for the granting of easements and construction of facilities.
1. A decision maker may allow the construction of overhead electrical lines when such lines exceed a capacity of 45,000 Kva.
G. Parks and Other Recreation Facilities. A developer may be required to design and construct neighborhood park improvements or other recreational facilities when the General Plan or an adopted specific plan or policy plan, or master facilities plan shows such facilities to be located wholly or partially within the subdivision or the development, or directly adjoins the subdivision or development. The construction of parks and other recreational facilities in accordance with the standards of the General Plan or any adopted plan has been determined by the City to be the development’s reasonable and proportionate relationship between the required improvements and the anticipated use by residents, customers, or employees of the proposed development.
1. In addition to the design and construction of such recreational facilities, a decision maker may also require a developer to design and construct public improvements needed for the operation of the recreation facility. These improvements include, but are not limited to, street paving, curb, gutter, and sidewalk along the site frontage, and the extension of required water, sewer or drainage facilities and other utilities such as electrical and phone lines;
2. The cost of these improvements, as determined by the City Engineer, shall be a credit against the neighborhood park portion of the park and recreation development impact fees which would otherwise be due and payable at the time of building permit issuance:
a. At the time of tentative map or land development permit approval, a condition shall be placed on the development requiring the developer to enter into a fee credit agreement with the City to address the timing of construction, the value of land, the value of the improvements and amount of fee credit;
3. The agreement shall also specify what is eligible for a fee credit:
a. When a fee credit agreement is required, it shall be executed by the developer and approved by the City Council prior to the recordation of a final map or the issuance of building permits, whichever occurs first;
4. With the mutual agreement of the City and the developer or subdivider, the developer or subdivider may be allowed to construct the park as a turn-key facility. A fee credit agreement, as specified in subsection G.(2) of this section, shall be provided with any turn-key park facility; and
5. Consideration of whether the improvement or construction of the park or other required recreational facilities creates supplemental improvement capacity shall be conducted in accordance with Section 14.12.040.160.
H. Open Space. A developer may be required to design and install improvements or do repair work to the open space areas preserved in conjunction with the development project. These improvements or repair work may include, but are not limited to, fire breaks, Fire Department access roads, fencing, water service, and landslide repair.
I. Landscaping. A developer shall be required to design and install landscaping within public rights-of-way and planting easements within the subdivision or development. A decision maker may require, as a condition of approval, that landscaping in the public right-of-way exceed the minimum width stated in the standard specifications when:
1. The rear or side yards of a residential subdivision or development abut an arterial or major collector street;
2. Required by a specific plan or policy plan; or
3. Found to be necessary to avoid or mitigate a potentially significant environmental impact.
J. Walls and Fencing. A developer may be required to design and install walls or fences as part of the subdivision or development.
1. Walls or fences may be required to be installed in the following locations:
a. Along the rights-of-way of a freeway, arterial or major collector street, or railroad which abuts or passes through a subdivision or development;
b. Adjacent to publicly owned property, such as parks, open space areas, schools, government offices or corporation yards;
c. Adjacent to canals or drainage ways which are not designed to accommodate public access;
d. Within residential subdivisions and developments where perimeter fencing is needed to separate the various unit phases of the development and on corner lots at the block end; and
e. To ensure compatibility with adjacent land uses or other circumstances deemed necessary by the decision maker for public health and safety;
2. The height, location, design, and materials shall be in accordance with the provisions of Division 14.09 and as may be required as a condition of approval;
3. When a residential development abuts a freeway, arterial or major collector street or railroad right-of-way, decorative masonry walls, earthen berms or a combination thereof shall be required, the height of such walls or berms shall be sufficient to attenuate noise levels in compliance with the policies of the Noise Element of the General Plan.
K. Deferral, Waiver or Reduction of Required Improvements. A deferral, waiver or reduction in improvements may be approved by the decision maker in accordance with Section 14.12.040.170.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.12.040.050 Deferred Improvement Agreements.
In conjunction with the approval of a tentative subdivision map or land development permit, the decision maker may allow certain improvements to be deferred.
A. Deferral will be allowed when the decision maker finds that construction of certain improvements may be delayed without detriment to the public health, safety and welfare and that:
1. Construction of the required improvements is impractical due to the timing and coordination needed with adjoining properties; or
2. Construction of the required improvements will create a safety hazard because the surrounding properties lack similar improvements.
B. When improvements are deferred, the developer and the owner of the real property shall enter into an agreement with the City in a form acceptable to the City Attorney for the installation of the improvements in the future as required by the City.
1. In conjunction with a deferred improvement agreement, the City Engineer may require that the necessary bonds be posted to guarantee that the work covered by the agreement will occur.
2. The deferred improvement agreement shall contain a provision that in the event that the developer fails to install the improvements covered by the deferred improvement agreement, the City may have the work done and have a lien placed against the property upon the order of the City Council.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.12.040.060 Improvement Standards.
The following improvements and design standards shall pertain to improvements within the public rights-of-way for all developments within the City:
A. Standard Specifications. The City Council may adopt, by resolution, standard specifications for public improvements. All public improvements shall be installed in accordance with the adopted standard specifications.
1. The Director of Public Works may grant minor exceptions to the standard specifications.
2. The minor exception criteria and process shall be clarified within the standard specifications.
3. The determination of the Director of Public Works to grant or deny an exception may be appealed to the City Council. The City Council shall hold a public hearing on the appeal in accordance with Chapter 14.09.030 of this code.
4. The criteria for sight distance standards within the standard specifications may also be applied to improvements on private property.
5. Situations that warrant the application of these standards include improvements that adjoin or intersect the public rights-of-way; or the intersection of private driveways and drive aisles even when they do not adjoin or intersect with a public street.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.12.040.070 Improvement Plans.
Improvement plans for public improvements shall be prepared by a registered civil engineer licensed by the state of California, and shall include all improvements required by this division. The design of all improvements shall conform to the standard specifications, any master facility plan, adopted street plan line, an adopted specific plan or policy plan and the conditions of approval of a tentative map or land development approval.
A. Form and Content. The form, content and supporting data of improvement plans shall be identified in the standard specifications. Supporting data may include, but is not limited to, an engineer’s estimate on the cost of the improvements, hydrology studies, geotechnical studies, hydraulic plans and calculations, bond estimates and structural calculations, as deemed necessary by the City Engineer or Director of Public Works.
B. Plan Check Fee. With the submittal of improvement plans for the review by the City Engineer, a developer shall pay a plan check fee, as established by resolution of the City Council. The cost of the improvements shall be based on an estimate prepared by the developer’s engineer, subject to review and approval by the City Engineer.
C. Review and Approval. The review and approval process of improvement plans shall be established in the standard specifications and include the following provisions:
1. Improvement plans for tentative and parcel maps shall be processed according to the time limits set by the Subdivision Map Act; and
a. The time limits as noted above in this subsection C.(1) shall also be used as guidelines for processing improvement plans which are not in conjunction with a tentative or parcel map;
2. Approval by the City Engineer shall in no way relieve the developer or the developer’s engineer from responsibility for the design of the improvements and for any error, omission or any deficiency resulting from the design or from any required conditions of approval; and
3. The signed originals of the improvement plans shall be retained by the City.
D. Revisions to Approved Plans. Revisions to approved improvement plans may be initiated by either the developer or the City. The standard specifications shall establish the process for reviewing and approving or denying the revised plans.
1. If initiated by the developer, a fee, as established by resolution of the City Council, shall be submitted with the filing of an application to revise the approved improvement plans.
2. The required fee may be waived by the City Engineer if it determined that the proposed revisions will not involve a significant amount of staff time.
3. The developer may appeal the revisions requested by the City Engineer to the City Council by filing an appeal application, including payment of a processing fee established by resolution of the City Council, with the City Clerk within 10 calendar days following receipt of the written request to revise the plans.
E. Inspection Fee. Prior to approval of the improvement plans by the City Engineer, a developer shall pay an inspection fee, as established by City Council resolution.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.12.040.080 Prerequisite for Map Approvals or Building Permit Issuance.
No final map or parcel map shall be approved until there are adequate provisions in place to insure that the necessary public improvements will be installed as part of the development.
A. These provisions may include one or more of the following:
1. The City and developer have entered into an improvement agreement pursuant to Section 14.12.040.090;
2. The required improvements have been deferred pursuant to Section 14.12.040.050; or
3. An encroachment permit has been issued for the required improvements pursuant to Section 14.12.040.100.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.12.040.090 Improvement Agreements.
Prior to the approval of the construction plans for public improvements, a developer shall enter into a subdivision agreement, a public improvement agreement, or obtain an encroachment permit, depending on the nature of the development.
A. A subdivision agreement shall be provided for all final maps.
B. A public improvement agreement may be provided in conjunction with a parcel map where the improvements will not be constructed in the near future.
C. In all other cases an encroachment permit is required, in accordance with Section 14.12.040.100.
D. The subdivision or public improvement agreement shall provide for:
1. Construction of all improvements according to the approved plans and specifications on file with the City Engineer;
2. Completion of improvements within the time specified by Section 14.12.040.140;
3. Right by the City to modify plans and specifications and to require the subdivider or developer to pay for modifications, pursuant to Section 14.12.040.070.D;
4. Warranty by the subdivider or developer that construction will not adversely affect any portion of adjacent properties;
5. Payment of inspection fees in accordance with Section 14.12.040.170;
6. A single form of improvement security as required by this division unless otherwise authorized by the City Engineer;
7. Maintenance and repair of any defects or failures and any damage as a result of the defect or failure;
8. Release and indemnification of the City from all liability incurred by the development and payment of all reasonable attorney’s fees that the City may incur because of any legal action arising from the development;
9. A provision that any assignment or transfer of rights or obligations, as provided for in the Subdivision Map Act, shall be for all of the rights or obligations;
10. Clean-up deposit and any other deposits, fees or conditions as required by City ordinance, resolution or as required by the City Engineer; and
11. Any other provisions required by the City as reasonably necessary to meet the intent and purpose of this code.
E. The subdivision or public improvement agreement entered into pursuant to this section may be entered into by the City Engineer, in accordance with standards adopted by the City Council. The City Engineer’s action may be appealed to the City Council for conformance with Chapter 3 of Division 2 of Title 7 of the California Government Code and any applicable City subdivision ordinance. The City Council shall periodically review this delegation of authority to the City Engineer.
(Ord. 1977, Amended, 07/26/2022; Ord. 1972, Repealed and Replaced, 02/22/2022)
14.12.040.100 Encroachment Permits.
An encroachment permit shall be required to do any construction or repair work within the City right-of-way, or on any City or redevelopment agency owned property, except that a separate encroachment permit is not required for improvements covered under a subdivision or public improvement agreement as noted in Section 14.12.040.090, or for City capital improvement projects or maintenance projects under the direction of the Director of Public Works.
A. An application shall be submitted on a form specified by the City Engineer or Director of Public Works, as appropriate, and shall include, but not be limited to, the following:
1. The plan check and inspection fee, based on the estimated cost of work, as specified by resolution of the City Council;
a. The estimated cost can be determined by one of the following:
i. A copy of the applicant’s contract, clearly describing the work to be done and the total contract cost;
ii. The City will calculate the amount using a chart based on current price information which is on file at the office of the Director of Public Works; or
iii. An estimate prepared by a licensed Civil Engineer, which is subject to approval by the City Engineer.
2. A deposit with the City in an amount equal to the estimated cost of the work. The deposit may be in cash, cashier’s check, or certificate of deposit in a local bank; and:
a. If the estimated amount of work is over ten thousand dollars, a performance bond, in accordance with Section 14.12.040.110.A.1, may be posted in lieu of a deposit.
b. Improvements which only involve repairing an unsafe sidewalk are exempt from the posting of a deposit.
c. Public utility companies are exempt from posting a deposit for any public improvement work that is done directly by the utility company. If the utility company hires a contractor to do the work, then a deposit shall be required for any work within the public right-of-way.
3. Improvement plans, in sufficient detail to show all the work to be done, as determined by the City Engineer or Director of Public Works:
a. The quality and detail of the plans will vary according to the complexity and extent of the work to be done. Any engineering work necessary in order to prepare adequate plans will be arranged and paid for by the applicant.
B. An encroachment permit shall be issued after the City Engineer or Director of Public Works has approved the plans and the necessary fees and deposit have been paid.
1. Such permit shall include a provision that requires that the permittee indemnify and hold harmless the City from any and all liability relative to their work, including any liability for conflict with other utilities, soil conditions, and the like. Such encroachment permit shall also obligate the permittee to provide and fully pay for any defense of an action brought relative to activities arising out of the work undertaken pursuant to the encroachment permit.
C. All material and workmanship shall conform to the City’s Standard Specifications and to the latest addition of the California State Standard Specifications and Standard Plans.
1. The permittee shall maintain the work area in a safe condition and shall comply with all applicable safety laws.
a. The City may deduct from the deposit posted by the permittee, the cost of any action necessary to bring the work site into compliance with standard safety practices.
D. All work in the public right-of-way, including excavation for public utility purposes, shall be done subject to the inspection of the Director of Public Works. Inspections shall be arranged by the permittee at least 24 hours in advance.
1. Any testing or construction staking necessary for the adequate inspection of the work shall be arranged for and paid by the permittee.
E. In the event that the permittee does not finish the work, or the work is found to be inadequate, the City Engineer or Director of Public Works may have any necessary repair or completion work done and deduct the cost of that work from the deposit posted by the permittee.
F. Upon the completion of the construction or repair work, and a determination made that the work has passed final inspection, the City Engineer or Director of Public Works shall return any remaining deposit to the permittee.
G. The permittee is responsible for the maintenance and repair of the work or work area for a period of one year after acceptance by the City. No new encroachment permit will be issued to an applicant who is found to be in violation of this provision on any previously issued encroachment permit.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.12.040.110 Improvement Security.
Prior to the approval of the plans for any public improvement covered by a subdivision agreement or public improvement agreement, an improvement security shall be posted by the developer in accordance with this division and the Subdivision Map Act, as provided below. No final map or parcel map shall be signed by the City Engineer, until all improvement securities required by this section have been received and approved.
A. Form of Security. The form of security shall consist of one or more of the following, as determined by and subject to the approval of the City Engineer:
1. Bonds may be used; provided, that the bonds are in a form approved by the City Engineer and they meet the following criteria:
a. Be executed by a surety company, with an agent for service in California, authorized to transact business as a surety, which has an “A” policy holder’s rating and a financial rating of at least “VIII” in compliance with the current “Best’s” ratings; and
b. Not have a time limit.
2. A letter of credit may be used; provided, that the letter of credit complies with the California Commercial Code and the following conditions:
a. Be issued by a financial institution organized and doing business in, and subject to regulation by, the state of California or the federal government, in a form, content, and duration as approved by the City Attorney, and shall pledge that the funds necessary to meet the performance are on deposit and guaranteed for payment and agree that the funds designated by the instrument shall become secured trust funds for the purposes set forth in the instrument;
b. Contain an expiration date which is at least two years from the date of the letter;
c. Be renewable at the sole option of the City;
d. Contain a provision to allow the City to draw on the letter “at sight”;
e. Contain a provision which states that the issuer shall not be able to reduce the amount of the credit during the course of the work; and
f. Be irrevocable.
3. Cash deposits or negotiable bonds of a kind approved for securing deposits of public moneys may be used; provided, that:
a. Disbursements from cash deposits shall be made in compliance with a separate agreement between the developer and the City; and
b. Disbursements from a cash deposit in any instance shall not be permitted unless and until authorized in writing by the City Engineer.
B. Amount of Security. The developer shall file security to guarantee completion of improvements specified within the subdivision or public improvement agreement as follows:
1. A faithful performance security in an amount deemed sufficient by the City Engineer to cover 100 percent of the total estimated cost of all required improvements including grading;
2. A labor and material security to cover up to 50 percent of the total estimated cost of all required improvements;
3. A monumentation security in an amount stipulated by the City Engineer to cover the cost of placing lot corners and other related monuments; and
4. Notwithstanding the above, the developer may satisfy the requirement for security of certain improvements by providing proof that same has been posted with another public agency subject to the approval of the City Engineer.
C. Warranty Security.
1. The developer shall guarantee all improvements covered by a subdivision improvement agreement or a public improvement agreement for a period of one year from the date of final acceptance and shall correct any and all defects or deficiencies arising, as a result of acts or omissions of the developer, its agents, or employees, during that period of limitation outlined in the California Code of Civil Procedures.
2. The guaranty shall be backed by a bond or cash deposit in the amount of 10 percent of the total surety posted for improvements. The City shall provide written notice of the defect or deficiency. In any instance where the developer fails to take action within the specified time, or when immediate action is required to protect the public health, safety, and welfare, the City may cause the work to be performed and call on surety for reimbursement. The maintenance security shall be submitted prior to final acceptance of the improvements by the City.
D. Reduction in Performance Security. The City Engineer may authorize in writing the release of a portion of the security in conjunction with the satisfactory completion of a part of the improvements as the work progresses upon application by the developer, but in no case shall the security be reduced to less than 10 percent of the total improvement security given for faithful performance or 25 percent of the remaining work, whichever is greater. The procedures for the release of the performance security shall be outlined in the Standard Specifications.
E. Release of Improvement 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. The procedures for the release of the improvement security shall be outlined in the Standard Specifications.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.12.040.120 Construction of Improvements.
The construction methods and materials for all public improvements shall conform to the Standard Specifications of the City. Construction shall not commence until the required improvement plans and improvement agreement or encroachment permit have been approved by the City Engineer or the Director of Public Works.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.12.040.130 Construction Inspection.
All improvements are subject to inspection by the Director of Public Works who shall establish the procedures for inspection.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.12.040.140 Completion of Improvements.
Improvements shall be completed in accordance with the following:
A. Subdivision Improvements.
1. Improvements installed as a condition of approval of a tentative subdivision map shall be completed by the developer within 24 months, or such time as approved by the City Engineer, not to exceed an additional 12 months or a total of 36 months, from the date of approval of the final map.
2. Should the developer fail to complete the improvements within the specified time, the City Engineer may:
a. Cause any or all uncompleted improvements to be completed by:
i. Use of the remaining security; or
ii. Calling on the surety to finish the work.
b. Put a hold on the issuance of building permits or the granting of final occupancy approvals.
3. As a condition of approval, the decision maker may require that certain improvements be completed prior to the issuance of building permits or the granting of a certificate of occupancy for buildings, when the completion of those improvements is needed to protect public health, safety, and welfare.
B. Parcel Map Improvements. Completion of improvements required as a condition of approval of a parcel map shall occur by one of the following methods:
1. The completion of the improvements may be required by a specified date by the decision maker when the completion of such improvements is found to be necessary for public health or safety or for the orderly development of the surrounding area.
a. The specified date, when required, shall be stated in the improvement agreement or encroachment permit and shall not exceed 36 months after a permit or other approval for the development of any parcel within the parcel map is approved.
b. The decision maker shall determine if all improvements are required to be completed prior to occupancy of any specified building or lot within the boundaries of the parcel map.
2. The decision maker may, by a specific condition of approval, allow the installation and completion of improvements to be deferred until such time as an application is filed for a permit or other development entitlement for the development of any parcel within the boundaries of the parcel map.
3. If the developer fails to complete the improvements within the specified time, the City Engineer may take the appropriate action as specified in subsection A.(2) of this section.
C. Encroachment Permit Improvements. All improvements covered by the encroachment permit shall be completed by the date specified within the permit.
1. All improvements required as a condition of approval of a land development permit shall be completed prior to the use being established on the site, unless the conditions of approval establish otherwise.
2. If the developer fails to complete the improvements within the specified time, the City Engineer may take the appropriate action as specified in subsection A.(2) of this section.
D. Extensions. The completion date may be extended by the City Engineer for final maps, parcel maps and other required improvements, upon written request by the developer and the submittal of adequate information to justify the extension.
1. The developer shall enter into either a subdivision or public improvement agreement extension with the City. Its form and surety shall be the same as for the original improvement agreement. In consideration of an 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; or
d. Inspection fees may be increased to reflect current construction cost.
2. The actual costs incurred by the City in processing the agreement shall be paid by the developer.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.12.040.150 Acceptance of Improvements.
Public improvements constructed in conjunction with a subdivision agreement, a public improvement agreement, or an encroachment permit shall be accepted in accordance with the provisions of this section.
A. The process and method for accepting public improvements shall be specified within the City’s Standard Specifications.
B. The Director of Public Works shall be responsible for determining when the improvements are ready for acceptance.
C. The acceptance of public improvements covered by a subdivision agreement or public improvement agreement shall be the responsibility of the City Council.
D. The acceptance of public improvements covered by an encroachment permit shall be the responsibility of the Director of Public Works.
E. The acceptance of the improvements by the City shall not relieve the developer from the responsibility of correcting any deficiency that may be subsequently discovered by the City.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.12.040.160 Supplemental Improvements.
The provisions of this division establish the baseline standards for constructing improvements in conjunction with the development of vacant property or the improvement of existing, developed property. A developer may be required to design and construct improvements for the benefit of the subdivision or development which, in addition, may be supplemental in size, capacity, number or length to benefit property not within the subdivision or development. The City, as specified in this division, has determined a minimum size for each type of improvement needed to adequately serve the development.
A. The following improvements are determined not to be supplemental:
1. Improvements in accordance with the baseline standards established in Sections 14.12.040.030 and 14.12.040.040;
2. Improvements pursuant to a development agreement in accordance with the provisions of Division 14.17; and
3. Improvements in conjunction with an increase in residential density above the base density of a zoning district, in accordance with the provisions of Chapter 14.09.210 of this code.
B. The Director of Community Development shall make a determination, following consultation with appropriate City departments, as to whether a required improvement, which is beyond the minimum sized improvement, has supplemental capacity. This determination shall be based on an engineering analysis of the anticipated demand for public services and facilities of the subdivision or development with respect to both the capacity of facilities which the developer is required to construct and the practical need for these improvements to function as part of the interconnected and coordinated public systems.
1. Minimum sized improvements constructed outside the boundaries of a subdivision or development may qualify as having supplemental capacity based upon a determination by the decision maker in accordance with the provisions of this division.
C. Appeal of Determination That Required Improvements Do Not Have Supplemental Capacity. If a developer disagrees with the determination made by the Director of Community Development that an improvement does not have supplemental capacity, the developer may request that the decision maker for the project consider that the required improvement does have supplemental capacity, in accordance with the following procedures:
1. Submit a written statement to the decision maker, based on the developer’s review of proposed conditions of approval as contained in the City’s staff report, that the dedication requirement is excessive; the written statement shall include engineering or other factual data to show why the required improvement would have supplemental capacity for the benefit of properties not within the development or subdivision or development;
2. The decision maker shall review and consider the request that the improvements do have supplemental capacity in conjunction with the public hearing for the tentative map or land development permit application. Based on the testimony received, the decision maker may approve, deny or modify the determination; and
3. The applicant, Director of Community Development, or any other affected party may file an appeal of the decision maker’s action as provided in Chapter 14.09.030 of this code. The written information as specified in subsection C.(1) of this section shall be incorporated into the appeal application.
D. Manner of Compensation for Supplemental Capacity. When a decision maker determines that a required improvement will have supplemental capacity, the method(s) of compensation will be determined at the time of approval of the tentative map or land development permit. Methods of compensation include, but are not limited to, the following:
1. Establishment of a benefit district pursuant to Division 14.15;
2. Development Impact Fee Credits.
a. The amount of the credit shall be based upon the difference between the cost of the improvements actually constructed by the developer and the cost of improvements which the developer would have been required to install to serve the subdivision or development; provided, that:
i. The actual improvements constructed by the developer are subject to funding through the subject development impact fee; and
ii. In no case shall the cost of the improvements needed to serve the subdivision or development be less than the cost of the minimum sized improvements as identified in Sections 14.12.040.030 and 14.12.040.040.
3. Development incentives or regulatory concessions contained in approval of tentative map or land development permit, when the developer agrees that such incentives or concessions are of equivalent financial value to the cost of the supplemental capacity being provided; and
4. Any other method of compensation permissible by law.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.12.040.170 Deferral, Waiver or Reduction of Required Improvements.
In exceptional or unusual circumstances the decision maker for a tentative map or land development permit may grant a deferral, waiver or reduction in improvements for all or a portion of the public improvements that would otherwise be required in accordance with the provisions of this section as follows:
A. Defer all or part of the required improvements in accordance with Section 14.12.040.050, Deferred Improvement Agreements.
B. Waive or reduce all or part of the standard improvements based upon a determination by the appropriate decision maker, in reviewing a specific development project, such as a change in use of a building with no major structure additions, that there is not a reasonable relationship between the baseline level of standard improvements and the impact of the development to the abutting public improvements.
C. Waive or reduce all or part of the improvements for the ultimate geometric street section if the appropriate decision maker determines that:
1. An exception from all or part of the improvements would not be detrimental to public health, safety and welfare;
2. Minor private improvements are proposed to a site that is partially or wholly developed and existing public improvements would adequately serve the proposed development; or
3. Existing public improvements adequately serve a vacant site which is located in a developed area and where most of the existing public improvements do not conform to current standards.
D. Waive or reduce all or part of the improvements when the decision maker determines that the City Council has designated that those improvements are the responsibility of the City, redevelopment agency or an established financing district.
E. Findings. In taking an action that allows for the deferral, waiver or reduction in the public improvement requirements, the decision maker shall find that such action is not inconsistent with the City’s General Plan, or any adopted plan line, specific plan, policy plan or with any other provision of this division.
(Ord. 1972, Repealed and Replaced, 02/22/2022)