A. 
The subdivider shall construct all required improvements both on and off-site according to approved standards.
B. 
No final map shall be presented to the council or parcel map to the planning commission for approval until the subdivider either completes the required improvements, or enters into an agreement with the city agreeing to do such work.
(Prior code Appendix C § 8.1)
A. 
General.
1. 
All improvements as may be required as conditions of approval of the tentative map or city general plan, master utility plan, or city ordinance, together with but not limited to, the following shall be required of all subdivisions.
2. 
Requirements for construction of on-site and off-site improvements for subdivisions of four or less parcels shall be noted on the parcel map, or waiver of parcel map or the subdivision improvement agreement recorded prior to or concurrent with the parcel map.
B. 
Storm Drainage. Storm water runoff from the subdivision shall be collected and conveyed by an approved storm drain system. The storm drain system shall be designed for ultimate development of the watershed. The storm drain system shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in runoff attributed to the development; off-site storm drain improvements may be required to satisfy this requirement.
C. 
Sanitary Sewers. Each unit or lot within the subdivision shall be served by an approved sanitary sewer system.
D. 
Water Supply. Each unit or lot within the subdivision shall be served by an approved domestic water system.
E. 
Utilities.
1. 
Each unit or lot within the subdivision shall be served by gas (if required), electric, street lighting, telephone, and cablevision facilities. All utilities within the subdivision and along peripheral streets shall be placed underground except those facilities exempted by the public utilities commission regulations. These undergrounded utilities and services shall be placed in joint trench configurations wherever feasible. All public rights-of-way and streets within a subdivision shall be served by a street lighting system designed in accordance with city design standards and standard plans.
2. 
The city council may, at its discretion, accept a fee in-lieu of the undergrounding of existing facilities along peripheral streets. The amount of fee shall not be less than the amount established by the city engineer for the normal cost of undergrounding of existing utilities along residential streets.
F. 
Fire Rated Roofs. Fire rated roofs shall be required on all subdivision building structures.
G. 
Water Conservation. Impacts on public services, specifically water supplies and sewerage shall be reduced by incorporation of water conservation devices into all structures and irrigation systems.
H. 
Right-of-Way Landscaping. Street trees and landscaping shall be provided in all public rights-of-way, and in all dedicated streets in all subdivisions as specified in city standards.
(Prior code Appendix C § 8.2)
A. 
Subdivisions of Four or Less Parcels.
1. 
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 construction of the improvements shall commence within 90 days of the receipt of the notice to proceed from the city;
b. 
That in event of default by the owner, his or her successors or assigns, the city is authorized to cause the construction to be done and charge the entire cost and expense to the owner, his or her successors or assigns, including interest from the date of notice of the cost and expense until paid;
c. 
That this agreement shall be recorded in the county recorder's office 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 herein set forth, and shall also constitute a lien in such amount as will fully reimburse the city, including interest as hereinabove set forth, subject to foreclosure in the event of default in payment;
d. 
That in event of litigation occasioned by any default of the owner, his or her successors or assigns, the owner, his or her successors or assigns agree to pay all costs involved, including reasonable attorney's fees, and that the same shall become a part of the lien against the real property;
e. 
That the term "owner" includes not only the present owner but also his or her heirs, successors, executors, administrators and assigns, it being the intent of the parties hereto that the obligations herein undertaken shall run with the real property and constitute a lien there against.
B. 
The agreement shall not relive the owner from any other requirements specified herein. The construction of deferred improvements shall conform to the provisions of this title and all applicable articles of the Municipal Code in effect at the time of construction.
(Prior code Appendix C § 8.3)
Where remainders are made part of a final or parcel map, the city may enter into an agreement with the subdivider 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. Such improvements shall be at the developer's expense. In the absence of such an agreement, the city may require fulfillment of such construction requirements within a reasonable time following approval of the map, upon a finding that 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.
(Prior code Appendix C § 8.4)
A. 
General. The design and layout of all required improvements both on and off-site, private and public, shall conform to city general plan, master utility plan, city ordinances, city subdivision standards, generally acceptable engineering standards, and to such standards as approved by the city engineer.
B. 
Energy Conservation.
1. 
The design of a subdivision for which a tentative map is required, shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.
2. 
Examples of passive or natural heating and cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade and/or prevailing breezes.
3. 
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 provision 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 in force at the time the tentative map is filed.
4. 
The requirements of this section do not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added.
C. 
Protection of Solar Access.
1. 
Approval of subdivision tentative maps shall be conditioned on the inclusion of restrictions or easements in the deed of each lot or parcel which state that no construction or vegetation built or allowed to grow on any parcel in the subdivision will result in preventing unobstructed sunlight from reaching south-facing glass and solar energy systems on adjacent lots between the hours of nine a.m. and three p.m., Pacific Standard Time, except that deciduous trees may shade south-facing glass but must leave the roof area, or solar energy systems, unshaded between the hours of eight a.m. and four p.m. Pacific Standard Time.
2. 
In establishing such easements consideration shall be given to feasibility, contour, configuration of the parcel to be divided, and cost. Further, such easements shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or a structure under applicable planning and zoning in force at the time such tentative map is filed.
3. 
Restrictions Binding on Successors in Interest. Unless extinguished or modified as provided below, the covenants and restrictions herein are for the benefit of the land and shall be binding on all owners, both present and future.
4. 
Extinguishment or Modification of Restrictions. The owner of any benefited property may grant to the owner or owners of any burdened properties the right to partially or wholly impede the passage of direct sunlight within a building envelope. Such a modification or extinguishment of the restriction on use of the burdened property shall be made of record in the office of the county recorder and shall thereafter be binding on future owners of the properties.
5. 
Property owners may encroach upon their own solar rights.
6. 
The requirements of this section are not applicable to condominium projects which consist of the subdivision of airspace in an existing building where no new structures are added.
(Prior code Appendix C § 8.5)
A. 
The subdivision shall abut upon or have an approved access to a public street.
B. 
Each unit or lot within the subdivision shall have an approved access to a public or private street.
C. 
Street layout shall be designed to provide for future access to, and not impose undue hardship upon, property adjoining the subdivision.
D. 
Reserve strips, or nonaccess at the end of streets or at the boundaries of subdivisions, shall be dedicated unconditionally to the city when required.
(Prior code Appendix C § 8.6)
A. 
General.
1. 
Improvement plans shall be prepared under the direction of and signed by a registered civil engineer licensed by the state of California.
2. 
Improvement plans shall include but not be limited to grading, storm drains, landscaping, streets and related facilities.
B. 
Form.
1. 
Plans, profiles and details shall be legibly drawn, printed or reproduced on 24 inch by 36 inch sheets. A border shall be made on each sheet providing one-half inch at top, bottom and right side and one and one-half inches on the left side.
2. 
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 approval of plan revisions.
3. 
Plan and profiles shall be drawn to the scale of one inch to 40 feet or larger unless approved by the city engineer. Details shall be drawn to such scale that clearly shows the facility being constructed. The scales for various portions of the plans shall be shown on each sheet.
4. 
A vicinity map shall be shown of the first sheet of all sets of plans.
5. 
A north arrow shall be shown on each sheet when applicable.
6. 
Plans shall be laid out to orient north to the top or right edge of the sheet unless approved otherwise by the city engineer.
7. 
All lettering shall be one-eighth inch minimum.
8. 
If the plans include three or more sheets, a cover sheet showing the streets, lots, easements, storm drains, index and vicinity map shall be included.
9. 
The form of all plans shall conform to such additional requirements as may be established by the city engineer. The city engineer may require the subdivider to provide additional drawings in scales compatible with city master maps and drawings. The final form of all plans shall be as approved by the city engineer.
C. 
Contents.
1. 
The improvements plans shall show complete plans, profiles and details for all required improvements to be constructed, both public and private (including common areas).
2. 
Reference may be made to city, Solano County or state standard plans in lieu of duplicating the drawing thereon.
D. 
Supplementary Plans and Calculations. Water supply, 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, systematic and signed and dated by a registered civil engineer licensed by the state of California and in a form as approved by the city engineer.
E. 
Review by the City Engineer. The subdivider shall submit in number as specified by the city engineer, sets of improvement plans and copies of all computations to the city engineer for review. Upon completion of his or her review, one set of the preliminary plans, with the required revisions indicated thereon, will be returned to the subdivider's engineer.
F. 
Approval by the City Engineer.
1. 
After completing all required revisions, the subdivider's engineer shall transmit the originals of the improvement plans to the city engineer for his or her signature.
2. 
Upon finding that all required revisions have been made and that the plans conform to all applicable city ordinances, design review requirements and conditions of approval of the tentative map, the city engineer shall sign and date the plans. The originals will be returned to the subdivider's engineer. Mylar copies shall be submitted to the city engineer.
3. 
Approval by the city engineer shall in no way relieve the subdivider or his or her engineer from responsibility for the design of the improvements and for any deficiencies resulting from the design thereof or from any required conditions of approval for the tentative map.
(Prior code Appendix C § 8.7)
A. 
By Subdivider. 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 his or her appointee and shall be accompanied by two sets of 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 as specified by the city engineer, sets of the revised plans shall be immediately transmitted to the city engineer. Construction of any proposed revision will not be permitted to commence until revised plans have been received and forwarded to the city's engineering inspection division.
B. 
By City Engineer. When revisions are deemed necessary by the city engineer to protect public health and safety, or as field conditions may require, a request in writing shall be made to the subdivider and his or her engineer. The subdivider's engineer shall revise the plans and transmit the originals to the city engineer for initialing within such time as specified by the city engineer. Upon receipt of the initialed originals, the subdivider's engineer shall immediately transmit as directed, by the city engineer, sets of revised drawings to the city engineer. Construction of all or any portion of the improvements may be stopped by the city engineer until revised drawings have been submitted.
(Prior code Appendix C § 8.8)
The agreement shall be prepared and signed by the city engineer and approved as to form by the city attorney. The agreement shall provide for:
A. 
Construction of all improvements per the approved plans and specifications;
B. 
Completion of improvements within the time specified by Section 16.44.130;
C. 
Right by city to modify plans and specifications;
D. 
Warranty by subdivider that construction will not adversely affect any portion of adjacent properties;
E. 
Payment of inspection fees in accordance with the city's resolution establishing fees and charges;
F. 
Payment of in-lieu fees for undergrounding of utilities on peripheral streets; payment of in-lieu fees for park land dedication;
G. 
Payment of drainage district or area fees;
H. 
Improvement security as required by this chapter;
I. 
Maintenance and repair of any defects or failures and causes thereof;
J. 
Release 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;
K. 
Any other deposits, fees or conditions as required by city ordinance or resolution and as may be required by the city engineer.
(Prior code Appendix C § 8.9)
A. 
General.
1. 
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 Government Code and as provided herein.
2. 
No final map or parcel map shall be signed by the city engineer or recorded until all improvement securities required by this section have been received and approved.
B. 
Form of Security.
1. 
The form of security shall be one or a combination of the following at the option and subject to the approval of the city:
a. 
Bond or bonds by one or more duly authorized corporate sureties;
b. 
A deposit either with the city or a responsible escrow agent or trust company, at the option of the city, of money or negotiable bonds of the kind approved for securing deposits of public moneys;
c. 
An instrument of credit from any agency of the state, federal or local government when any agency of the state, federal or local government provides at least 20% of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit issued by such financial institution;
d. 
A lien upon the property to be divided, created by contract between the owner and the city, if the city finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map;
e. 
Funds in the possession or control of the city received from the sale of bonds issued in connection with an assessment district formed pursuant to California Government Code Section 66462 and necessary to carry out the act or agreement.
2. 
Any contract or security interest in real property entered into as security for performance pursuant to subsections (B)(1)(d) and (e) of this section shall be recorded with the county recorder of the county in which the subject real property is located. From time of recordation of the written contract or document creating a security interest, a lien shall attach to the real property particularly described therein and shall have the priority of a judgment lien in the amount necessary to complete the agreed-to improvements.
The city may at any time release all or any portion of the property subject to any lien or security interest created by this subsection or subordinate the lien or security interest to other liens or encumbrances if it determines that security for performance is sufficiently secured by a lien on other property or the release or subordination of the lien will not jeopardize the completion of agreed-upon improvements.
3. 
The provisions of the bond or bonds shall be in accordance with Section 66499.1 and 66499.2 of the State Subdivision Map Act.
C. 
Amount of Security.
1. 
A performance bond or security in the amount of 100% of the estimated construction cost to guarantee the construction or installation of all improvements shall be required of all subdivisions. An additional amount of 50% of the estimated construction cost shall be required to guarantee the payment to the subdivider's contractor, subcontractors, and to persons furnishing labor, materials or equipment for the construction of and/or installation of improvements.
2. 
If a set aside letter is used as security, an additional 20% of the estimated construction cost will be required in addition to the 150% as stated above.
3. 
The estimate of improvement costs shall be as approved by the city engineer and shall provide for:
a. 
Not less than five percent nor more than 10% of the total construction cost for contingencies;
b. 
Increase for projected inflation computed to the estimated midpoint of construction;
c. 
All utility installation costs or a certification acceptable to the city engineer from the utility company that adequate security has been deposited to insure installation;
d. 
In addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorney's fees, incurred in enforcing the obligation secured.
D. 
Warranty Security. Upon acceptance of the subdivision improvements by the city council, the subdivider shall provide security in the 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 50% of the cost of the construction of the improvements, including the cash bond which shall be retained for the one year warranty period.
E. 
Reduction in Performance Security. The city engineer may authorize in writing the release of a portion of the security in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work progresses upon application by the subdivider, but in no case shall the security be reduced to less than 50% of the total improvement security given for faithful performance. The amount of reduction of the security shall be as determined by the city engineer; however, in no event shall the city engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by this title, the Subdivision Map Act, or the improvement agreement.
F. 
Release of Improvement Securities.
1. 
Performance Security. The performance security shall be released only upon acceptance of the improvements by the city and when an approved warranty security has been filed with the city engineer.
2. 
Material and Labor Security. Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment may, six months after completion and acceptance of the improvements by the city council, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the city council. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.
3. 
Warranty Security. The warranty security shall be released upon satisfactory completion of the warranty period provided:
a. 
All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected.
b. 
No less than 12 months have elapsed since the acceptance of the improvements by the city council.
(Prior code Appendix C § 8.10)
The construction methods and materials for all improvements shall conform to the standard specifications of the city as adopted by council resolution. The general provisions of the city's standard specifications shall apply to the developer where applicable. Construction shall not commence until required improvement plans have been approved by the city engineer.
(Prior code Appendix C § 8.11)
A. 
General. All improvements are subject to inspection by the city engineer or authorized personnel in accordance with the city's standard specifications.
B. 
Final Inspection and Deficiency List.
1. 
Upon completion of the subdivision improvements, the developer shall apply in writing to the city engineer for a preliminary final inspection. The city engineer or authorized representative shall schedule a preliminary final inspection.
2. 
A deficiency list shall be compiled during the inspection, noting all corrections or any additional work required. If the number of items are excessive or the subdivision appears incomplete, the preliminary final inspection may be halted and rescheduled on a date as determined by the city engineer or authorized representative.
3. 
When the preliminary final inspection has been completed, a copy of the deficiency list shall be transmitted to the developer for correction.
4. 
Upon having completed all corrections or additional work as outlined by the deficiency list, the developer shall certify in writing that all corrections have been completed satisfactorily and request a final inspection. The city engineer or authorized representative shall then make a final inspection.
5. 
Upon the correction of all items on the deficiency list and reception of as built improvement plans, the subdivision shall be placed on the council agenda for acceptance.
6. 
The completion of corrections indicated by the deficiency list shall not relieve the developer from the responsibility of correcting any deficiency not shown on the list that may be subsequently discovered.
(Prior code Appendix C § 8.12)
A. 
Major Subdivisions (Five or More Parcels).
1. 
The subdivision improvements shall be completed by the developer within 12 months or such time as approved by the city engineer, not to exceed a period of 24 months, from the recording of the final map, unless an extension is granted by the city council.
2. 
Phasing of site improvements consisting of, but not limited to, development and completion of all streets and street connections, roadways, curb, gutters, sidewalks, street lighting systems, retaining walls, water, sewer, storm drainage and detention systems, undergrounding of public utilities, and other elements in accordance with the general plan and master utility plan shall be completed prior to the specific development of any area of a subdivision. This shall include landscaping the roadways, buffer zones, detention ponds and the necessary irrigation and fire flow systems. (This provision is not to prevent the developer from proceeding with development of buildings on the project, but rather is to assure that the infrastructure necessitated by engineering, planning and the general plan is in place prior to the issuance of certificates of completion and occupancy). The planning commission may review and approve phasing proposals of development improvement plans.
3. 
Should the subdivider fail to complete the improvements within the specified time, the city may, by resolution of council and at its option, cause any or all uncompleted improvements to be completed and the parties executing the surety or sureties shall be firmly bound for the payment of all necessary costs therefor.
B. 
Minor Subdivisions (Four or Less Parcels).
1. 
Completion of improvements will not be required until such time as a permit or other grant approval for the development of any parcel within the subdivision is applied for. Improvements shall be completed prior to final building inspection or occupancy of any unit within the subdivision.
2. 
The completion of the improvements may be required by a specified date by the city when the completion of such improvements are found to be necessary for public health or safety or for the orderly development of the surrounding area. This finding shall be made by the city engineer or authorized representative. Such specified date, when required, shall be stated in the subdivision improvement agreement.
(Prior code Appendix C § 8.13)
A. 
The completion date may be extended by the city council for subdivision of five or more parcels and by the city engineer for subdivision of four or less parcels upon written request by the developer and the submittal of adequate evidence to justify the extension. The request shall be made not less than 30 days prior to expiration of the subdivision improvement agreement.
B. 
The subdivider shall enter into a subdivision improvement agreement extension with the city. If the subdivision is of five or more parcels, the agreement shall be prepared and approved as to form by the city attorney, executed by the subdivider and transmitted to the city council for their consideration. If approved by the city council, the mayor shall execute the agreement on behalf of the city.
C. 
In consideration of a subdivision improvement extension agreement, the following may be required:
1. 
Revision of improvement plans to provide for current design and construction standards when required by the city engineer;
2. 
Revised improvement construction estimates to reflect current improvement costs as approved by the city engineer;
3. 
Increase of improvement securities in accordance with revised construction estimates;
4. 
Inspection fees may be increased to reflect current construction costs but shall not be subject to any decrease or refund.
D. 
The city council may impose additional requirements as recommended by the city engineer or as it may deem necessary as a condition to approving any time extension for the completion of improvements.
E. 
The costs incurred by the city in processing the agreement shall be borne by the developer at actual cost or as determined by resolution of the city council.
(Prior code Appendix C § 8.14)
A. 
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 or more parcels must be accepted by the city council. The city engineer or authorized representative shall be responsible for the acceptance of subdivisions of four or less parcels.
B. 
Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use.
(Prior code Appendix C § 8.15)
If the subdivision has been accepted by the city, the city clerk shall cause to be filed with the county recorder a notice of completion.
(Prior code Appendix C § 8.16)
A. 
When requested by the subdivider in writing, the city may consider 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 such improvements are for the use of the general public.
B. 
Acceptance of a portion of the improvements shall not relieve the developer from any other requirements imposed by this chapter.
(Prior code Appendix C § 8.17)