A. 
The subdivider shall construct all required improvements both on-site and off-site, in accordance with the standards approved by city council resolution and applicable city standards as provided by this title. Except as provided herein, the subdivider shall be required to install all improvements that are required as conditions of approval to the tentative map, and to install all improvements that are required by city ordinance or resolution.
B. 
The applicant shall pay all impact fees, pursuant to the applicable impact fee ordinances, in the amount that is in effect at the time such fees are due.
(Ord. 99-23 § 1)
A. 
If the subdivider of a vesting tentative map 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, then the subdivider shall provide written evidence, prior to the application for the vesting tentative map being deemed complete, that all off-site interests in property required for the project have been acquired, unless the director of public works finds, based on substantial evidence, that the subdivision design incorporates an alternative that would comply with city standards in the absence of the off-site improvement.
B. 
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 subdivider shall provide written evidence that a good faith effort has been made to acquire the title or interest in the land to construct required off-site improvements, in accordance with city standards. If the subdivider, after a good faith effort, is unable to acquire the property, the city shall, within one hundred twenty days of filing the final tract map, acquire by negotiation or commence condemnation of the land, in substantial compliance with the procedures set forth in Government Code Section 7260, or the city shall waive the condition for the off-site construction. Prior to approval of the final tract map, the city shall require the subdivider to enter into an agreement to complete the off-site improvements at the time that title or an interest in the land is acquired. The subdivider shall pay the cost of acquiring off-site land or an interest in the land required to construct the off-site improvements, including reasonable attorney's fees and costs, prior to initiation of acquisition proceedings by the city.
(Ord. 99-23 § 1)
A. 
Any request for deferred construction of on-site and off-site improvements for tentative or parcel maps may be approved by the planning commission, in its sole discretion, at the time of approval of the tentative map. Any improvements which are deferred by the planning commission shall be noted on the final or parcel map and a deferred improvement agreement shall be filed with the director of public works prior to or concurrent with the filing of the parcel map.
B. 
The city attorney shall approve the form and content of all deferred improvement agreements prior to the city accepting the document.
(Ord. 99-23 § 1)
A. 
Standards for design and construction of subdivision improvements shall be in accordance with the applicable city standards, the conditions of approval of the tentative map, and the requirements established by the director of public works.
B. 
Public improvement plans shall be acted on by the director of public works within the time frame set forth in Government Code Section 66456.2.
C. 
Public improvement plans shall be prepared under the direction of a registered civil engineer and shall be reviewed and approved by the director of public works, if he or she can make the following findings:
1. 
The plans are signed and stamped by a registered civil engineer.
2. 
The plan designs are consistent with the tentative map, the conditions of approval and applicable city standards, with the exception of minor errors or incompleteness, which do not materially affect the design or the plan constructability thereof.
3. 
All reports and studies required to evaluate the facility design and the completeness of the plans have been prepared by a registered civil engineer and have been reviewed and approved by the director of public works.
4. 
All conditions of approval relative to public improvement requirements have been addressed to the satisfaction of the reviewing authority and the director of public works.
5. 
All title and interest has been obtained by the subdivider for off-site property interest.
6. 
All cost estimates have been approved by the director of public works, and payment of all applicable fees have been received.
7. 
Approval of designs and plans have been obtained from all other applicable agencies, as required by the director of public works.
D. 
All improvement plans shall be prepared in accordance with the city standards in effect at the time the tentative map is deemed complete. However, the director of public works may modify those city standards under the following conditions:
1. 
When necessary to protect public health, safety and welfare;
2. 
When needed to comply with state or federal laws;
3. 
When, in the opinion of the director of public works, with the consent of the subdivider, a new standard or requirement is needed which will not materially affect the intent of the subdivider or the conditions of approval. This shall include the adoption of other agency standards for use by the director of public works.
E. 
The director of public works' approval of any public improvement plans, or any grading plans that are required as part of the approval of the final or parcel map, shall expire upon the expiration of any applicable subdivision improvement agreement, or two years from the date the director of public works approves the plans, whichever is later. Upon expiration of those plans, new approvals from the director of public works, together with the payment of new plan review fees, shall be required for any portions of the subdivision for which grading and improvements have not been completed.
F. 
The provisions within this code shall apply to the construction of all the park facilities and or any proposed TCSD slope maintenance areas, as required by the director of community services.
All conditions if approval relative to any public park and/or TCSD slope maintenance improvement requirements have been addressed in conformance with this section and all applicable TCSD standards, as required by the director of community services.
(Ord. 99-23 § 1)
Pursuant to the Subdivision Map Act, if any public improvement required as part of the approval of the subdivision will not be completed and accepted in accordance with Section 16.30.060 prior to approval of the final tract map, then prior to a determination of a complete and timely filing of the final tract map by the director of public works, the subdivider, at his expense, shall be required to enter into a subdivision improvement agreement with the city to complete such public improvements in accordance with Section 16.30.060. Performance of the agreement shall be guaranteed by the security specified in this section.
A. 
The form and content of subdivision improvement agreements shall be approved by the city attorney. The agreement shall include, but not be limited to, the following minimum terms and conditions:
1. 
Construction of all improvements as set forth in the approved plans and specifications;
2. 
The maximum period within which all improvements shall be completed to the satisfaction of the director of public works;
3. 
Provisions for inspection of all improvements by the director of public works and payment of fees by the subdivider for the cost of such inspection and all other incidental costs incurred by the city in enforcing the agreement;
4. 
A provision that if the subdivider fails to complete the work within the specified period of time, or any extended period of time that may have lawfully been granted to the subdivider, the city may, at its option, complete the required improvement work and the subdivider and his surety shall be firmly bound, under a continuing obligation, for payment of the full cost and expense incurred or expended by the city in completing such work, including interest from the date of notice of the cost and expense until paid;
5. 
A provision that, in the event of litigation occasioned by a default of the owner or subdivider, his successors or assignees, the owner or subdivider, his successors or assignees will pay all costs involved, including reasonable attorney's fees, and that the same may be recovered as part of a lien against the real property;
6. 
Additional terms or provisions, as may be necessary, pertaining to the forfeiture, collection, and disposition of improvement security upon the failure of the contracting party to comply with the terms and provisions thereof or with the terms and provisions of this code.
B. 
Subdivision improvement agreements shall be valid for a period specified in the agreement, but not to exceed two years from the effective date of the agreement. The director of public works may, in his discretion, extend the term of the subdivision improvement agreement. The agreement shall not only bind the present subdivider, but also his heirs, successors, executors, administrators, and assignees so that the obligation runs with the real property. All agreements shall be executed by all those parties executing the final or parcel map, with all signatures acknowledged before a notary public, and shall be transmitted by the city clerk to the county recorder concurrently with the final tract map. The agreement shall be recorded upon the title of said real property, in the office of the county recorder, at the expense of the subdivider.
C. 
Improvement securities shall be required to be posted as a guarantee of the performance of any act, improvement, or obligation required as a condition of approval of any final tract map, parcel map waiver, lot line adjustment, or lot merger. Unless otherwise provided herein, all such improvement securities shall be provided in one of the following forms, subject to the approval of the director of public works and city attorney:
1. 
A bond or bonds by one or more duly authorized corporate sureties substantially in the form prescribed in the Subdivision Map Act and subject to the approval and acceptance of the city attorney and city council;
2. 
A deposit with the city of either, immediately negotiable bonds or a letter of credit;
3. 
Any other form of security, including a lien or other security interests in real property, which the director of public works and the city attorney may, in their discretion, allow provided they determine that it is equivalent to the foregoing forms of security in terms of security and liquidity.
Any written contract or document creating security interest established pursuant to subsection (C)(3) of this section shall be recorded in the office of the county recorder. From the time of recordation, a lien shall attach to the real property described therein, which lien shall have the priority of a judgment lien in the amounts specified.
D. 
The subdivider shall provide as security to the city:
1. 
For performance and guarantee: an amount determined by the director of public works equal to one hundred percent of the total estimated cost of the improvement to be performed, including grading monumentation. The estimated cost of improvement shall include a ten percent contingency and a ten percent increase for projected inflation computed to the estimated mid-point of construction;
2. 
For payment: an amount determined by the director of public works equal to fifty percent of the total estimated cost of the improvement to be performed, excluding grading and monumentation.
E. 
Improvement security may be released upon the final completion and acceptance of the act or work by the city council; provided, however, such release shall not apply to the amount of security deemed necessary by the director of public works for the guarantee and warranty period, nor to costs and reasonable expense fees, including reasonable attorney's fees, incurred by the city in enforcing any improvement agreement. The subdivider shall not be entitled to any reduction in security until all improvements have been completed to the satisfaction of the director of public works.
F. 
The subdivider shall enter into a separate parkland/landscape improvement agreement and provide security for any public park facility, landscape median and TCSD slope maintenance area in conformance with this title and all applicable TCSD standards.
(Ord. 99-23 § 1)
A. 
Public improvements required as a condition of approval shall be completed in accordance with this title, unless they are deferred pursuant to Section 16.30.060. The director of public works shall review and approve any improvement agreement, conduct an inspection, and approve any constructed public improvement necessary to satisfy this provision, with the city council providing final approval of any agreement or acceptance of any completed public improvement.
B. 
Once begun, public improvements for a final tract map, or a parcel map when required, shall be constructed to completion without interruption. The subdivider shall exercise due diligence to ensure that this provision is met to the satisfaction of the director of public works. Construction and inspection of public improvements shall be governed by city standards and the requirements of any applicable permit.
C. 
At such time as the director of public works determines that any public improvement is complete to allow the release of ninety percent of the applicable securities, such public improvement shall be considered to have entered the warranty period. The warranty period shall be a minimum of one year; however, it may be extended as long as necessary to ensure that the public improvements are suitable for public ownership and maintenance responsibility, as determined by the director of public works and accepted by the city council.
D. 
Notwithstanding any applicable agreement, the ownership of an responsibility for the construction and maintenance of any public improvement is held by the subdivider and shall remain so until such time as the city council accepts the completed public improvements.
E. 
Upon acceptance of a public improvement, the city council shall provide a notice of completion for that public improvement, and it shall authorize the director of public works to release applicable securities for that public improvement. This action shall serve to transfer ownership and maintenance responsibility of the public improvement from the subdivider to the city, and to provide full acceptance of the applicable dedication or easement, which acceptance had been contingent upon completion and acceptance of public improvements within said dedication or easement, subject to the terms of any applicable agreement.
F. 
Public park facilities and/or any proposed TCSD slope maintenance areas shall be completed in accordance with the provisions of this title and to the satisfaction of the director of community services. The city council shall provide final approval and acceptance of public park facilities and other fee title interests. The TCSD board of directors shall provide final approval and acceptance of all designated TCSD slope maintenance areas.
(Ord. 99-23 § 1)
A. 
Dedication of land or payment of fees in lieu of dedication of parkland shall be pursuant to the provisions contained within Chapter 16.33.
B. 
Right-of-way dedications, irrevocable offers of dedication, and grants of easements required upon a final or parcel map shall either be accepted, consented for recordation, accepted subject to improvement, or rejected at the time the final or parcel map is approved. Acceptance of the dedication or easement shall serve to transfer the appropriate interest to the city, subject to the terms of the offer and the acceptance certificate. Rejection of the dedication or easement shall reserve the city's ability to accept all or part of the dedication or easement in accordance with state law. The director of public works shall determine whether the dedication, irrevocable offer of dedication, or easement shall be accepted, accepted subject to improvement or rejected pursuant to city standards.
C. 
Fee title shall be granted by the subdivider when in the opinion of the city council in consultation with the director of public works, it is necessary to carry out policies and requirements of the general plan and any city ordinance, resolution or standard.
D. 
The types of dedications, easements or grants of fee title that a subdivision may be subject to shall include, but shall not be limited to: streets, alleys, access rights, drainage, public utility, landscape, slope and sewer.
(Ord. 99-23 § 1)