A.
As
a condition precedent to the approval of a Final Map, and as permitted
by Section 66462 of the Map Act, a subdivider may:
B.
The
City Engineer is authorized to enter into subdivision improvement
agreements on the City's behalf. The City Engineer's action pursuant
to this section may be appealed to the City Council for conformance
with the Map Act and this chapter. The City Council shall periodically
review the delegation of authority to the City Engineer.
C.
The
subdivider shall prepare and deposit with the City Engineer detailed
plans and specifications of the improvements to be constructed and
such plans and specifications shall be made a part of any such subdivision
improvement agreement pursuant to this section and of the improvement
security.
D.
A subdivider
who enters into a subdivision improvement agreement pursuant to this
section shall be required to furnish security for performance of the
improvement agreement to the satisfaction of the City Engineer, and
in conformance with this chapter and Chapter 5 (beginning with Section
66499) of the Map Act.
E.
All
agreements and securities pursuant to this section shall be approved
as to form by the City Attorney.
(Ord. 96-26, § 1, Exh.
A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)
A.
Prior
to approval of a Parcel Map, if improvements are to be located in
public easements or rights-of-way, the City Engineer may require that
the subdivider enter into an improvement agreement with the City to
defer the construction of the improvements until some time in the
future.
B.
Any
improvement agreement executed pursuant to this section may be used
to secure future improvements in easements, rights-of-way, or irrevocable
offers of dedication; and may be used when the streets serving adjacent
properties, or the area in general, or both, are below City standards
to a degree that public action, such as assessment district proceedings,
would be required in the future in order to improve such streets to
City standards.
C.
The
City Engineer is authorized to enter into improvement agreements made
pursuant to this section on the City's behalf. The City Engineer's
action pursuant to this section may be appealed to the City Council
for conformance with the Map Act and this chapter. The City Council
shall periodically review the delegation of authority to the City
Engineer.
D.
The
subdivider shall prepare and deposit with the City Engineer detailed
plans and specifications of the improvements to be constructed and
such plans and specifications shall be made a part of any such improvement
agreement pursuant to this section and of the improvement security.
E.
A subdivider
who enters into an improvement agreement pursuant to this section
shall be required to furnish security for performance of the improvement
agreement to the satisfaction of the City Engineer, and in conformance
with this chapter and Chapter 5 (beginning with Section 66499) of
the Map Act.
F.
All
agreements and securities pursuant to this section shall be approved
as to form by the City Attorney.
(Ord. 96-26, § 1, Exh.
A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)
Any improvement agreement, contract or act for which security
is required or authorized by the Map Act, this chapter, or any other
local ordinances or regulations, shall be secured in accordance with
the provisions of Chapter 5 (beginning with Section 66499) of the
Map Act generally as listed below. The amount of security may be modified
by the City Engineer as the City Engineer deems appropriate consistent
with the Map Act.
A.
Security
Requirements. When public or private improvements are required to
be constructed by the City, an agreement to improve and improvement
security, in a form acceptable to the City Attorney, shall be posted
by the applicant with the City for said improvements. This security
shall be posted prior to filing of the Final Map or Parcel Map in
the following amounts:
1.
Faithful
Performance Bond in an amount not less than 100% of the approved engineer's
estimate of the cost of public improvements.
2.
Labor
and Materials Bond in an amount not less than 50% of the approved
engineer's estimate of the cost of public improvements.
3.
Guarantee
and Warranty Bond in an amount not less than 10% of the approved engineer's
estimate of the cost of public improvements.
4.
Grading
Bond in an amount not less than 100% of the approved engineer's estimate
of the cost of grading, drainage, landscaping, water quality and private
improvements. Ten percent of the Grading Bond shall be in the form
of cash not exceeding $50,000.
5.
Monumentation
Bond in an amount not less than 100% of the approved engineer's estimate
of the cost of setting monuments.
6.
Additional
improvement security may be required for the faithful performance
for any changes or alterations in the work to the extent that those
changes or alterations exceed 10% of the original estimated cost of
the improvement.
B.
Special
Assessment Proceedings. In the event that the required subdivision
improvements are financed and installed pursuant to special assessment
proceedings, the subdivider may apply to City Council for a reduction
in the amount of the improvement security.
C.
Release
of Security. The improvement security required by this chapter may
be released by City Engineer upon approval and acceptance of the secured
improvements. A partial release of security for partial performance
may be authorized by the City Engineer.
(Ord. 96-26, § 1, Exh.
A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)
