The purpose of this chapter is to define, specify, regulate and control the design and improvement of public works facilities, both on-site and off-site, and other construction requirements imposed as conditions of acceptance, or the approval or conditional approval of subdivision maps, parcel maps, boundary adjustments and reversions to acreage wherein public or private improvements, construction, and improvement or construction plans are required as a condition prior to city approval.
(Ord. 91-9 § 3; Ord. 97-4 § 2 Exh. 1)
A. 
The subdivider shall design and construct all required improvements on-site and off-site in accordance with the city standard specifications and other approved standards as provided by this chapter and as adopted by the city. Subject to Subdivision Map Act, the city engineer may authorize an exception to the construction standards in this chapter.
B. 
A decision or interpretation of the city engineer regarding the specifications, details or design of improvements is final.
C. 
No final map may be presented to the council or parcel map to the city engineer for approval until the subdivider either completes the required improvements or enters into an improvement agreement with the city agreeing to the work.
(Ord. 91-9 § 3)
A. 
The design of a subdivision for which a tentative map is required, excluding a conversion, shall provide to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. Examples of such energy conservation opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure or to take advantage of shade or prevailing breezes (66473.1).
B. 
"Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
C. 
Compliance with this provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure.
(Ord. 91-9 § 3)
A. 
General. All improvements required as tentative map conditions of approval or by city ordinance or resolution, together with the required improvements set forth below, are required of all subdivisions.
B. 
Frontage Improvements. The frontage of each lot shall be improved to its ultimate adopted geometric section for one-half width of the street, including but not limited to street structural section, curbs, sidewalks, driveway approaches and transitions as determined by the city engineer.
C. 
Storm Drainage. Stormwater 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.
D. 
Sanitary Sewers. Each unit or lot within the subdivision shall be served by an approved sanitary sewer system.
E. 
Water Supply. Each unit or lot within the subdivision shall be served by a separate and approved domestic water system.
F. 
Utilities. Each unit or lot within the subdivision shall be served by gas (if required), electric, telephone and cable vision facilities (66473.2, 66473.3).
G. 
Underground Utilities.
1. 
All existing and proposed utilities within the subdivision and along frontage streets shall be placed underground except those facilities exempted by the Public Utilities Commission regulations.
2. 
The subdivider is responsible for complying with the requirements of this chapter and shall make the necessary arrangements with each utility company for installation of the facilities.
3. 
The planning commission may grant an exception to the undergrounding requirements as provided in Section 16.44.404 (G)(1) of this title if topography, soils or other conditions make underground installation of the facilities unreasonable.
H. 
Access. Every lot shall be served by a public or private street. Public streets shall be constructed to city standards. Private streets will only be permitted if the city engineer determines that the private streets proposed will provide adequate and safe access to all parcels. At a minimum, the private streets shall be constructed to city standards for public street except that the city engineer may allow for the omission of sidewalks and additional street width for on-street parking if he or she determines that equivalent and adequate pedestrian and parking facilities will be provided within the project site. The private street and all other necessary appurtenances shall be constructed as a condition of approval of the parcel or final map and a feasible method shall be provided to ensure the maintenance of the street improvements and all water, sewer and storm drainage utilities located within the street.
I. 
Fire Protection. A fire protection system shall be provided consisting of appurtenances capable of providing fire protection to each unit, lot and structure within the subdivision.
J. 
Other Improvements. Other improvements including but not limited to, grading, street lights, fire hydrants, signs, traffic control signals, street trees and shrubs, monuments, bikeways and fences or fees in lieu of any of the foregoing, shall be required as determined by the city engineer in accordance with this chapter, the general plan or any specific plan, and the city standard specifications.
K. 
Off-site Improvements. 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:
1. 
The city may, before approving the parcel map or final map, require the subdivider to enter into an agreement to complete the off-site improvements at the time the city acquires title or an interest in the land. The subdivider shall pay the cost of acquiring off-site land or an interest in the land required to construct the off-site improvements; or
2. 
The city shall, within one hundred twenty days of recording the final map, acquire by negotiation or commence condemnation of the land. If the city fails to meet the one hundred twenty day time limit, the condition for the construction is waived.
L. 
The planning commission may, after making the appropriate findings, defer the installation of any public improvement required under this title.
(Ord. 91-9 § 3; Ord. 97-4 § 2 Exh. 1)
A. 
Minor Subdivisions. At the discretion of the city engineer, improvements required for a subdivision consisting of four or less parcels shall be completed as specified by agreement between the owner of the real property and the city. The city council may extend the time allowed to complete the required improvements. The agreement shall be in a form acceptable to the city, and shall provide that:
1. 
The owner complete construction of improvements within the time period specified in the agreement, but not exceeding thirty-six months from the date of approval of the parcel or final map;
2. 
In the event of a default by the owner, the city is authorized to cause construction to be done and charge the entire cost and expense to the owner, including interest from the date of notice of the cost and expense until paid;
3. 
The subdivider provide improvement security as specified by Section 16.44.080;
4. 
The agreement shall be recorded with the county recorder at the expense of the owner and shall constitute notice to all successors and assigns of title to the real property of the obligations set forth therein, and shall also constitute a lien in such amount necessary to fully reimburse the city, including interest as provided above, subject to foreclosure in the event of a default in payment. The obligations under the agreement shall run with the property and constitute a lien against it;
5. 
In the event of litigation occasioned by default of the owner, the owner agrees to pay all costs involved, including reasonable attorney's fees. Those costs shall become a part of the lien against the real property;
6. 
The agreement shall not relieve the subdivider or owner from any other specific requirements of the Map Act, this chapter, or law. The construction of deferred improvements shall conform to this title and all applicable provisions of this code in effect at the time of construction.
(Ord. 91-9 § 3; Ord. 97-4 § 2 Exh. 1)
Improvement plans shall be prepared under the direction of and signed by a registered civil engineer and shall conform to the standard specifications of the city. Improvement plans shall include those improvements specified in Section 16.08.190.
A. 
Form.
1. 
The plans, profiles and details for all improvements shall be prepared in accordance with the city standard specifications.
2. 
Reference may be made to applicable city or state department of transportation standard details in lieu of duplicating the drawing.
3. 
Details shall be drawn in accordance with standard accepted drafting practices and to appropriate scales clearly to show the intended construction without crowding of features which might cause misinterpretation.
4. 
The form of all plans shall conform to additional requirements as may be established by the city engineer. The final form of all plans shall be approved by the city engineer.
5. 
Submittal of improvement plans in a generally accepted digital format will also be required for all subdivisions. The city's required format shall be one commonly used in the region. The city engineer may waive this requirement upon request if it can be shown that compliance with this requirement would present an undue hardship.
B. 
Contents.
1. 
The improvement plans shall show complete plans, profiles and details for all required improvements (both private and public) to be constructed, including common areas.
2. 
A grading plan shall show by means of arrows and elevation the method proposed for draining each individual lot.
3. 
The improvement plans shall include details of required off-site improvements.
4. 
The improvement plan shall show the water distribution facilities to be installed both inside and outside the subdivision with connections to existing water mains clearly marked and including the types, sizes, locations and depth of pipes, valves, hydrants, reservoirs, pumps and other appurtenances.
5. 
The improvement plans shall show the sanitary sewer facilities to be installed both inside and outside the subdivision with connections to existing sewers clearly marked and including the size of pipes, the type of materials for pipes and joint sealing, pipe invert elevations, the locations of manholes, manhole rim elevations, details concerning pumps and lift stations, and other pertinent information.
6. 
The improvement plans shall show the size and location of drainage facilities to be installed inside and outside of the subdivision, including means for the disposal of surface and stormwaters beyond the limits of the subdivision, locations and elevations of gutters, drains and ditches, location size, type, and elevations of storm drain pipes, the hydraulic grade line, and elevations of storm drain pipes, location and styles of catch basins, and details of other drainage structures, pumps and appurtenances. All requirements shall be pursuant to Chapters 13.10 and 15.08 of this code.
(Ord. 91-9 § 3; Ord. 97-4 § 2 Exh. 1; Ord. 15-4 § 4)
A. 
General. An improvement agreement, contract, or act required or authorized by the Subdivision Map Act or this title for which security is required shall be secured in accordance with Section 66499, et seq., of the Subdivision Map Act and as provided in this section.
B. 
Amount of Security.
1. 
The subdivider shall provide a performance bond or other security in the amount of one hundred percent of the total estimated construction costs to guarantee the construction or installation of all improvements. An additional amount of one-hundred percent of the estimated construction costs shall be required to guarantee payment to the subdivider's contractor, subcontractors, and to persons furnishing labor, materials, or equipment for the construction or installation of improvements. As a part of the obligation guaranteed by the security, and in addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorney's fees, incurred by the city in enforcing the obligations secured.
2. 
The estimate of improvement costs shall be as approved by the city engineer and shall provide for:
a. 
Ten percent of the total construction cost for contingencies;
b. 
Increase for projected inflation computed to the estimated midpoint of construction; and
c. 
All utility installation costs.
C. 
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. 
A bond by one or more duly authorized corporate sureties. The form of the bond or bonds shall be in accordance with Sections 66499.1, 66499.2, 66499.3 and 66499.4 of the Subdivision Map Act;
b. 
A deposit, either with the city or 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 monies;
c. 
An irrevocable letter of credit from one or more financial institutions regulated by the state or federal government pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment and will only be released upon receipt of written instruction from the city. The form of the letter must be approved by the city attorney;
d. 
An instrument of credit from an agency of the state, federal, or local government provides at least twenty percent of the financing of the portion of the project requiring security (66499[a]);
e. 
Any other comparable form of security, acceptable to the city, as provided in Section 66499 of the Subdivision Map Act.
D. 
Warranty Security. Upon acceptance of the subdivision improvements by the city, the subdivider shall provide security in the amount as required by the city engineer to guarantee the improvements against any defective work or labor done or defective materials used in the performance of the improvements throughout the warranty period. The warranty period is one year following completion and acceptance of the improvements, unless a longer warranty period is required by the city engineer. At the discretion of the city, the city may retain the improvement security for warranty security.
E. 
Release of Improvement Security.
1. 
Performance Security. The city may release performance security only upon acceptance of the improvements by the city and after an approved warranty security has been filed with the city engineer. If a warranty security is not submitted, the city may release the performance twelve months after acceptance of improvements and correction of all warranty deficiencies.
2. 
Material and Labor Security. The city may reduce security given to secure payment to the contractor, subcontractors, and to persons furnishing labor, materials, or equipment, six months after completion and acceptance of improvements by the city, to an amount equal to the amount of all claims filed and of which notice has been given to the city. The city may release the balance of the security upon the settlement of all claims and obligations for which the security was given.
3. 
Warranty Security. The city may release warranty security upon satisfactory completion of the warranty period, provided:
a. 
All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected; and
b. 
Not less than twelve months have elapsed since the acceptance of the improvements by the city.
F. 
Change in Ownership. A subdivider who acquires ownership of an approved subdivision whose improvements are not completed shall provide improvement security for all improvements in accordance with subsection (B) of this section, and for not just those improvements that may remain incomplete at the time of the change of ownership. The amount of the improvement security shall be determined by the city. The new owner may also be required to enter into a new improvement agreement at the discretion of the city.
(Ord. 91-9 § 3)
A. 
The construction methods and materials for all improvements shall conform to the city standard specifications and standard details and all other standard plans and specifications of the city and are subject to inspection and approval by the city engineer;
B. 
Construction shall not begin until all required improvement plans are approved by the city engineer;
C. 
The subdivider shall provide written notice to the city engineer a minimum of ten working days before beginning any work. All work done in constructing the improvements and all materials furnished shall be subject to the inspection of the city engineer. The city engineer shall have access to the work at all times during its construction and shall be furnished with every reasonable facility for ascertaining that the materials used and the workmanship are in accordance with the requirements of this title. Any improvements constructed without inspection by the city engineer or constructed contrary to the approved plans, city standard specifications, or the direction of the city engineer will be deemed as noncomplying and will not be accepted by the city for maintenance and/or operation;
D. 
The subdivider shall prosecute the work to completion without undue delay except for inclement weather or other reasonable cause. If there is a delay in completion of the work beyond the period stated in the subdivision agreement, unless an extension is approved by the city council and the surety company, the city council may take appropriate steps to use the security to complete the work.
(Ord. 91-9 § 3)
A. 
Major Subdivisions.
1. 
The subdivider shall complete the improvements for a subdivision of five or more lots within seven hundred twenty calendar days of city council approval, unless an extension is granted by the city council.
2. 
The subdivider shall complete improvements before final building inspection or the issuance of an occupancy permit for any unit in the subdivision.
3. 
If the subdivider fails to complete the improvements within the specified time, the city engineer may, at his or her option, cause the uncompleted improvements to be completed and the parties executing the performance security shall be firmly bound for the payment of all necessary costs.
B. 
Extensions.
1. 
The city engineer may extend the completion date upon written request by the subdivider and the submittal of adequate evidence to justify the extension. The request shall be made at least thirty days before the expiration of the subdivision agreement.
2. 
At the discretion of the city engineer, the subdivider may be required to enter into a subdivision improvement agreement extension with the city. The agreement shall be prepared by the city engineer, approved as to form by the city attorney, and executed by the subdivider prior to being transmitted to the city council for its consideration. If approved by the city council, the mayor shall execute the agreement on behalf of the city.
3. 
In passing upon a request for a subdivision improvement agreement extension, the city may require the following:
a. 
Revision of improvement plans to provide for current design and construction standards when required by the city engineer;
b. 
Revise 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;
d. 
Increase of inspection fees to reflect current construction costs; however, inspection fees are not subject to decrease or refund;
e. 
The city council or city engineer as the case may be, may impose additional requirements considered necessary as a condition to approving a time extension for the completion of improvements.
C. 
The subdivider shall pay the costs incurred by the city in processing the extension request and extension agreement.
(Ord. 91-9 § 3)
When the subdivider has completed all improvements, corrected all deficiencies, and submitted record drawings of the improvements, the city shall consider the subdivision improvements for acceptance. The city council shall act by resolution either accepting the offer for dedication for recordation purposes only or accepting the offer of dedication for maintenance. The city clerk shall subsequently cause a copy of the resolution to be filed with the county recorder.
(Ord. 91-9 § 3)