[Ord. No. 1034, § 1.]
The subdivider shall construct all required improvements, both
on- 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 subdivision or parcel map shall be presented to the
city council for approval until the subdivider either completes the
required improvements, or enters into an agreement with the city agreeing
to do the work.
[Ord. No. 1034, § 1.]
Where a remainder is made part of a final subdivision map 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 subdivision map 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. No. 1034, § 1.]
Private streets shall not normally be permitted. However, if
the planning commission, in the case of tentative subdivision maps,
or the subdivision committee, in the case of tentative parcel maps,
determines that the most logical development of the land requires
that lots be created 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 and any other
applicable plans and specifications of the city as approved by the
public works director. 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 feasible
method for the maintenance of such private streets, which method shall
be subject to the prior approval of the public works director and
city attorney.
[Ord. No. 1034, § 1.]
All lots or parcels created shall have access to an improved
public street, unless otherwise provided in this article.
When a subdivision is developed adjacent to a major thoroughfare
as designated in the General Plan, or any applicable specific plan,
the approving body may require the subdivider to dedicate and improve
a frontage road to provide controlled access points and limit curb
cuts, or to create back-up lots with frontage upon interior local
streets. In such cases, the approving body may require special landscaping
of pedestrian areas, and wall designs which reduce traffic noise,
enhance traffic safety, and improve neighborhood aesthetic conditions.
The specifications, dimensions and materials for such streetscaping
and wall treatments shall be determined on a project-by-project basis
subject to the streetscaping design guidelines available through the
community development department.
In all such projects, the improvements shall be in the public
right-of-way or subject to a permanent maintenance easement providing
for the city access. A benefit area will be established for each subdivision
in order to assess benefiting properties for provision of on-going
maintenance of the public improvements by the city.
Reserved strips, controlling the access to public ways or which
will prove taxable for special improvements, will not be approved
unless such strips are necessary for the protection of the public
welfare or of substantial property rights, or in no case except where
the control and disposal of the land comprising strips is placed definitely
within the jurisdiction of the city under conditions required by the
planning commission.
[Ord. No. 1034, § 1.]
The subdivider shall grant easements for the purpose of installing
utilities, planting strips, slope protection and for other public
purposes, and in conformance with the public works department Standard
Specifications.
[Ord. No. 1034, § 1.]
When the front of any lot proposed for commercial, office, or
industrial usage fronts on a major thoroughfare or any lot fronts
on a freeway, the subdivider may be required to dedicate and improve
a service road for use as off-street parking and provide ingress to
and egress from such lots.
[Ord. No. 1034, § 1.]
The improvement agreement shall be prepared by the public works
director and approved as to form by the city attorney. The agreement
shall provide for:
(a) Construction of all required on-site and off-site improvements according
to the approved plans and specifications on file with the public works
director.
(b) Completion of improvements within the time specified by this article.
(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 deposit in accordance with the city's
resolution establishing applicable charge rates.
(f) Payment of in-lieu fees for undergrounding of utilities on peripheral
streets.
(g) Payment of planned drainage facility fees.
(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) Proof of insurance in the form of general liability coverage, automobile
liability, workers compensation insurance, employer's liability,
and course of construction coverage.
(l) Any other deposits, reimbursements, fees or conditions as required
by city ordinance or resolution and as may be required by the public
works director.
(m) Any other provisions required by the city as reasonably necessary
to effectuate the purposes and provisions of the Subdivision Map Act
and this Code.
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 public works director and all deposits
have been paid. All improvements are subject to inspection by the
public works director or authorized personnel in accordance with the
city 's approved specifications.
(a) Inspection costs. Costs incurred by the city for the inspection of
on- and off-site construction shall be borne by the subdivider. A
deposit, as determined by the public works director in accordance
with the charge rates set by city council resolution, shall be submitted
to the department prior to the commencement of construction.
[Ord. No. 1034, § 1]