The subdivider, as a condition of approval of the final or parcel
map shall, consistent with Map Act Sections 66411.1 and 66462.5, improve
or agree and guarantee to improve all land either within or outside
the subdivision to be used for public or private streets, alleys,
pedestrian ways, easements or other improvements in compliance with
this title.
(Ord. 469 § 1, 1990)
Completion of improvements outlined within this section shall
be in compliance with any agreement entered into by the subdivider
and the city as well as plans and standard specifications applicable
at the time of issuance of grading or building permits.
(Ord. 469 § 1, 1990)
The lengths, widths and shapes of blocks shall comply with the
following standards:
A.
Convenient
access, circulation, control and safety of street traffic, as outlined
in the circulation element of the general plan;
B.
Lot
specifications, as outlined in Title 17;
C.
Limitations
and opportunities of existing topography; and
D.
Block
lengths shall not exceed one thousand three hundred fifty feet, nor
be less than four hundred feet.
(Ord. 469 § 1, 1990)
Proper grading and erosion control, including the prevention of sedimentation or damage to off-site property shall be in compliance with the standards outlined in Chapter 15.64 and Map Act Section 66411.
(Ord. 469 § 1, 1990)
The subdivider, as a condition of approval of a tentative map,
shall provide and install all required streets, storm drains, traffic
controls and related improvements, either within or outside the subdivision,
in compliance with the engineer, Title 12 and the circulation element
of the general plan.
(Ord. 469 § 1, 1990)
The design, size, shape and orientation of each lot, which provides
for a suitable building site, shall be appropriate to its location
and type of development contemplated. The following standards shall
apply:
A.
The
lot lines of all lots, so far as practical, shall be at approximately
right angles to the fronting street, or approximately radial to the
center of the curvature, if the street is curved. Sidelines of each
lot shall be approximately radial to the center of the curvature of
a cul-de-sac, where applicable.
B.
No
lot shall be divided by a city or special district boundary line.
Division of the lot by a tax code boundary shall be avoided.
C.
Corner
lots for residential use shall have extra width to permit appropriate
building setback from both streets.
D.
Through
lots and reverse corner lots shall be avoided.
E.
No
remnants of property, with the exception of one-foot control lots,
and approved nonbuildable sites shall be created which do not conform
to lot requirements or which are not required for public or private
utility purposes.
F.
Lot
lines between adjacent lots within a subdivision shall be located
at the top of any graded slope.
G.
All
lots shall conform to the requirements contained in Title 17.
(Ord. 469 § 1, 1990)
Median islands shall be installed as a condition of approval
of a tentative map at appropriate locations, and in compliance with
city standards in effect at the time of issuance of a public works
encroachment permit.
(Ord. 469 § 1, 1990)
The subdivider, as a condition of approval of a tentative map,
shall provide and install adequate sanitary sewer facilities, either
within or outside the subdivision, in compliance with the requirements
of the Coachella Valley County Water District.
(Ord. 469 § 1, 1990)
The subdivider, as a condition of approval of the tentative map, shall provide and install storm drainage retention improvements, either within and/or outside the subdivision, in compliance with Chapter 13.05.
(Ord. 469 § 1, 1990)
A.
The
subdivider, as a condition of approval of a tentative map, may be
required to provide, install and maintain approved street trees within
the street right-of-way, dedicated planting easement, or within a
combination of both in compliance with city standards.
B.
For
street trees not installed at time of acceptance of the public improvements,
the subdivider shall deposit funds in the amount established by the
council. These funds shall be deposited in the public works street
tree trust fund, and shall be used for the purchase and planting of
street trees, as the lots become occupied.
(Ord. 469 § 1, 1990)
The subdivider, as a condition of approval of a tentative map, shall provide for the undergrounding of all existing and proposed utility distribution or transmission facilities (e.g., cable television, electric, gas, telephone and water), within the subdivision and along peripheral streets, in compliance with Section 12.16.010, et seq.
(Ord. 469 § 1, 1990)
Each lot located on the exterior boundary of the subdivision
shall have a wall adequate to prevent access between the lot and adjacent
properties subject to the approval of the director and in compliance
with Title 17.
(Ord. 469 § 1, 1990)
The subdivider, as a condition of approval of a tentative map,
shall provide and install adequate water supply facilities, either
within and/or outside the subdivision, in compliance with the requirements
of the Coachella Valley County Water District. Design and installation
plans shall be subject to approval by the engineer.
(Ord. 469 § 1, 1990)
All water wells shall be abandoned in a manner approved by the
engineer, the county of Riverside health department, and the state
Department of Water Resources. The location of any well shall be delineated
on the final or parcel map, and well logs, if available, shall be
submitted to the city.
(Ord. 469 § 1, 1990)
A subdivider, as a condition of approval of a tentative map,
for a subdivision located within an area subject to wind erosion or
blowsand hazard shall comply with the following standards, consistent
with the wind erosion and blowsand element of the general plan and
Title 17:
A.
A solid
masonry wall with a height of six feet and subject to design and materials
approval by the director shall be constructed on the peripheral boundary
of the subdivision to protect it from the prevailing wind. Where the
required wall extends over a future street opening, a fence, six feet
in height, and subject to design and materials approval by the director,
may be substituted for the masonry wall;
B.
The
subdivider shall plant, irrigate and maintain approved landscaping
windward of the wall up to a depth required by the director and engineer,
to act as an additional barrier to blowsand. Design, installation
and maintenance plans shall be subject to the approval of the director;
C.
The
subdivider shall not disturb more than necessary the native vegetation
with the proposed subdivision improvements;
D.
Lots
within and outside of the subdivision that have had soil disturbed
during construction shall be covered with protective landscaping materials,
subject to the approval of the director; and
E.
Prior
to and during construction, streets and disturbed open areas within
and outside of the subdivision shall be treated by watering to prevent
blowsand.
(Ord. 469 § 1, 1990)
A.
Subdivisions
of Four or Less Parcels. The frontage improvements may be deferred
when deemed appropriate by the engineer. Deferral will be allowed
when the engineer finds that construction is impractical due to physical
constraints, or the surrounding neighborhood is absent similar improvements.
When improvements are deferred, the subdivider shall enter into an
agreement with the city for the installation of all frontage improvements
at a future date as determined by the city. The agreement shall provide
for the following:
1.
The
agreement shall be acceptable to the engineer and city attorney;
2.
Construction
of required improvements shall begin within ninety days of the receipt
of notice to proceed from the city;
3.
In
the event of default by the owner or successors, the city is authorized
to cause the construction to be done and charge the entire cost and
expense to the owner or successors, including interest from the date
of notice of the cost and expense until paid;
4.
This
agreement shall be recorded in the office of the county recorder at
the expense of the owner and shall constitute notice to all successors
of title to the real property of the obligation set forth, and also
a lien in an amount to fully reimburse the city, including interest
as set in this section, subject to foreclosure in event of default
in payment;
5.
In
event of litigation caused by any default of the owner or successors,
the owner or successors agree to pay all costs involved, including
reasonable attorneys fees, which shall become a part of the lien against
the real property;
6.
"Owner"
includes not only the present owner but also heirs, successors, executors,
administrators and assigns, with the intent that the obligations undertaken
shall run with the real property and constitute a lien against it;
and
7.
Any
other provisions deemed necessary by the city.
|
The agreement shall not relieve the owner from any other specific
requirements of the Map Act or this title.
|
B.
Remainders.
Where remainders are made part of a final or parcel map, the subdivider
may enter into an agreement with the city to construct improvements
within, and along exterior boundaries of the remainder at a future
date and prior to the issuance of a permit or other entitlement for
development of a remainder parcel. The improvements shall be at the
subdivider's expense. In absence of an agreement, the city may require
completion of the construction improvements within a reasonable specified
time following approval of the final or parcel map upon a finding
that completion of the improvements is necessary for the following
reasons:
(Ord. 469 § 1, 1990)
The design and layout of all required improvements, both on
and offsite, public and private, shall conform to generally accepted
engineering standards, the Map Act and applicable provisions of the
municipal code.
(Ord. 469 § 1, 1990)
The design of a subdivision shall provide one or more appropriate
cable television systems an opportunity to construct, install and
maintain any necessary equipment, pursuant to Map Act Section 66473.3.
This section is not intended to require free access to a subdivision,
but to allow a cable franchise the opportunity to negotiate for providing
service.
(Ord. 469 § 1, 1990)
The design of a subdivision shall provide, to the extent feasible,
for future passive or natural heating or cooling opportunities, pursuant
to Map Act Section 66473.1.
(Ord. 469 § 1, 1990)
All subdivisions shall abut upon or have an approved access
to a public street. In addition, the following standards shall apply:
A.
Each
lot or unit within the subdivision shall have approved direct access
to a public or private street;
B.
Street
layout shall be designed to provide for future access to, and not
impose undue hardship upon, property adjoining the subdivision;
C.
In
the case of private streets, the subdivider shall provide a minimum
street width of thirty-six feet and a minimum forty-five cul-de-sac
radius and an appropriate method for permanent maintenance subject
to approval of the engineer and the city attorney; and
D.
Reserve
strips or nonaccess at the end of any street or at the exterior boundary
of the subdivision, shall be dedicated unconditionally to the city,
when required.
(Ord. 469 § 1, 1990; Ord. 846 § 2, 2003)
Improvement plans shall be prepared by a registered civil engineer
licensed by the state of California, and shall include, but not be
limited to, all improvements required in this chapter.
A.
Form
and Content. The form, content and supporting data of an improvement
plan shall conform to the requirements of the engineer.
B.
Review
and Approval by City Engineer.
1.
The
subdivider shall submit the preliminary improvement plans and all
supporting data to the engineer for review. The subdivider shall revise
the improvement plans until in final form as deemed by the engineer.
Upon completion of the improvement plans and satisfaction of all other
requirements of this title, the subdivider shall transmit the original
set of improvement plans to the engineer for final review and signature.
The originals shall be retained by the city.
2.
Approval
by the engineer shall in no way relieve the subdivider or the subdivider's
engineer from responsibility for the design of the improvements and
for any error, omission or any deficiency resulting from the design
or from any required conditions of approval of the tentative map.
C.
Revisions
to Approved Plans.
1.
By
Subdivider. Requests by the subdivider for revisions to the approved
plans, appearing necessary during construction, shall be submitted
in writing to the engineer and shall be accompanied by revised drawings
showing the proposed revision(s). If found acceptable and consistent
with the approved tentative map, the amended originals shall be initialed
by the engineer. Construction of any proposed revision(s) shall not
proceed until the revised plans have been initialed by the engineer.
2.
By City Engineer. When revisions are deemed necessary by the engineer to protect the public health and safety, or as field conditions may require, a request shall be made to the subdivider. The subdivider shall revise the plans and transmit the original(s) to the engineer for initialing within the time specified by the engineer. Construction of all, or any portion of, the improvements may be stopped by the engineer, in compliance with Chapter 15.26, until the revised drawings have been submitted, approved and initialed.
(Ord. 469 § 1, 1990)
The improvement agreement shall be prepared and signed by the
engineer and approved as to form by the city attorney. The agreement
shall provide for the following:
A.
Construction
of all improvements according to approved plans and specifications
on file with the engineer;
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 fees in compliance with the city's schedule of fees;
F.
Payment
of in-lieu fees for undergrounding of utilities on peripheral streets
as well as payment of in-lieu fees for parkland dedication as may
be required;
G.
Payment
of area of benefit fees;
H.
Improvement security as required by Section 16.20.090. Improvement security for subdivisions of four or less parcels shall be provided before performance of the work;
I.
Maintenance
and repair of any defects or failures and causes thereof;
J.
Release
of the city from all liability incurred by the subdivision and payment
of all reasonable attorney's fees that the city may incur because
of any legal action resulting from the subdivision;
K.
Payment
of the traffic uniform mitigation fee; and
L.
Any
other deposits, fees or conditions required by this title, and as
may be required by the engineer.
(Ord. 469 § 1, 1990)
A.
Required.
Any improvement agreement, contract or act required or authorized
by the Map Act, for which security is required, shall be secured pursuant
to Map Act Section 66499.
B.
General.
1.
Improvement
Agreement. The subdivider shall enter into a contract with city, acceptable
to the city attorney, to make, install and complete within the time
fixed, but in no case more than two years from the date of execution
of the contract, all improvements and land alteration(s) in compliance
with approved plans.
2.
Security
Arrangements.
a.
The subdivider shall file security to guarantee completion of public
and private improvements with the improvement agreement as follows:
i.
A faithful performance security in an amount deemed sufficient by the engineer to cover up to one hundred percent of the total cost of all required improvements including bonding requirements for grading as outlined in Chapter 15.64;
ii.
A labor and material security in a like amount;
iv.
A monumentation security in an amount stipulated by the subdivider's
engineer to cover the cost of placing lot corners and other related
monuments;
v.
If the required subdivision improvements are financed and installed
pursuant to special assessment proceedings, upon the furnishing by
the contractor of the faithful performance and labor and material
security required by the special assessment act being used, the city
may reduce the improvement security of the subdivider by an amount
corresponding to the amount of the security furnished by the contractor;
and
vi.
Notwithstanding the provisions of this subsection, the subdivider
may satisfy the requirement for security of certain improvements by
providing proof that same has been posted with another public agency
subject to the approval of the engineer.
b.
Security may be one of the following types subject to the approval
of the city attorney as to kind and form:
i.
Bonds. All bonds shall be executed by a surety company authorized
to transact business as a surety, and have an agent for service in
California, together with an "A" policy holder's rating and a financial
rating of at least "V" in compliance with the current "Best's" ratings.
ii.
Cash Deposits.
(A)
In lieu of the faithful performance and labor and material bonds,
the subdivider may submit cash deposits under the conditions hereinafter
described.
(B)
Disbursements from cash deposits shall be made in compliance
with a separate agreement between the subdivider and the city. A bookkeeping
fee of one percent of the total amount deposited with the city for
each cash deposit shall be submitted with each security. Disbursements
from a cash deposit in any instance shall not be permitted unless
and until authorized in writing by the engineer.
iii.
Letter of Credit. In lieu of faithful performance and labor
and material bonds or cash deposits, the subdivider may submit a letter
of credit subject to the California Commercial Code and under the
conditions hereinafter described. The letter of credit shall be issued
by a financial institution organized and doing business in and subject
to regulation by, the state of California or federal government, in
a form and content as approved by the city attorney, and shall pledge
that the funds necessary to meet the performance are on deposit and
guaranteed for payment and agree that the funds designated by the
instrument shall become trust funds for the purposes set forth in
the instrument.
c.
The city clerk shall not endorse or sign its certificate contained
on the final map unless and until improvement security as hereinabove
specified has been posted.
d.
The requirements stipulated above are applicable to any parcel map
for which the installation of any public improvements or grading is
a condition of approval.
e.
No final or parcel map shall be presented to the council for acceptance
until the requirements of this section have been met and until all
charges established by the council and pertaining to the property
being subdivided have been paid.
C.
Improvement
Agreement Not Required with Special Permit. Should the subdivider
desire to do certain work prior to entering into an agreement with
the city to install and complete all subdivision improvements and
alteration work, the subdivider may make an application to do so under
a special permit. This application shall be accompanied by detailed
plans, describing the work which is proposed. The director may issue
a special permit to the subdivider upon submittal of an application,
provided security has been posted in an amount which would insure
the rehabilitation of the land, including grading and planting, in
the event the subdivision map does not record. The security and contractor's
qualifications shall be in compliance with this section. When the
special permit is for all work required in connection with the subdivision
and the work has been completed and inspected, an improvement agreement
will not be required.
D.
Release
of Security. Security provided may not be released. However, the issuing
bank or association will receive a copy of the notice of completion.
1.
Progress
Payments. Progress payments may be made to the subdivider from any
deposit money or letter of credit which the subdivider may have made
in lieu of providing a security bond; provided, however, that no progress
payment shall be made for more than ninety percent of the value of
any installment of work and provided that the aggregate amount thus
paid is not in excess of fifty percent of the total amount posted
as improvement security. No progress payments from cash deposits shall
be made except upon certification by the director, the engineer and
the subdivider that work covered thereby has been completed.
2.
Reduction
of Security. Following recordation of the notice of completion the
labor and material bond shall be retained in full value to secure
payment to the contractor, the subcontractors, and to persons renting
equipment or furnishing labor or materials for six months. Following
the six-month period, the labor and material security may be reduced
to an amount not less than the total of all claims on which an action
has been filed and notice given in writing to the city.
3.
Forfeiture
of Surety. In the event that subdivider fails to complete all improvement
work in compliance with the provisions of this section and the improvement
agreement, and the city shall have to complete the same, the city
shall call on the security for funds necessary to complete the improvement
as reimbursement or shall appropriate from any cash deposit funds
for reimbursement. If the amount of any security shall be less than
the cost and expense incurred by the city, the subdivider shall be
liable to the city for such difference. Any cash remaining in the
possession of the city after completion of the improvement, shall
be returned to the originator minus normal administrative costs.
4.
Maintenance
Guaranty. The subdivider shall guarantee all public improvements and
shall correct any and all defects or deficiencies arising during the
period of limitation outlined in Code of Civil Procedure Sections
337 and 337.15, as a result of the acts or omissions of the subdivider,
its agents or employees. The maintenance guaranty shall be backed
by a bond or cash deposit in the amount of fifteen percent of the
surety posted for improvements and be for a period of no less than
one year. The city shall provide written notice of the defect or deficiency.
In any instance where the subdivider fails to take action within the
specified time, or when immediate action is required to protect the
public health, safety and/or welfare, the city may cause the work
to be performed and call on the surety for reimbursement. The maintenance
security shall be submitted prior to final acceptance of the public
improvements by the city.
E.
The
city manager, or his or her designee, shall have the authority to
make partial releases of performance securities or reductions of performance
securities pursuant to Section 66499.7 of the Subdivision Map Act
of the Government Code.
(Ord. 469 § 1, 1990; Ord. 959 § 1, 2007)
The construction methods and materials for all subdivision improvements
shall conform to city standards. Construction shall not commence until
all required improvement plans have been approved by the engineer
and all applicable city permits have been issued. All subdivision
improvements are subject to inspection by the engineer and shall comply
with city standards.
(Ord. 469 § 1, 1990)
A.
All
Subdivisions.
1.
The
subdivision improvements shall be completed by the subdivider within
twelve months, or a later time as approved by the engineer, not to
exceed twenty-four months, from final map recordation, unless an extension
is granted by the council.
2.
If
the subdivider fails to complete the subdivision improvement within
the specified time limits, the council may, by resolution, cause any
or all uncompleted improvements to be completed and the parties executing
the security or securities shall be firmly bound for the payment of
all necessary and appropriate costs.
B.
Extensions.
1.
The
completion date may be extended by the council upon written request
by the subdivider and submittal of adequate evidence to justify the
extension. The request shall be made not less than thirty days prior
to expiration of the subdivision improvement agreement.
2.
The
subdivider shall enter into a subdivision improvement agreement extension
with the city. The agreement shall be prepared by the engineer, approved
as to form by the city attorney, executed by the subdivider and surety
and transmitted to the council for consideration. If approved by the
council, the city clerk shall execute the agreement on behalf of the
city.
3.
In
consideration of a subdivision improvement agreement extension, the
following adjustments may be required:
a.
Revision of improvement plans to provide for current design and construction
standards when required by the engineer;
b.
Revised improvement construction estimates to reflect current improvement
costs as approved by the engineer;
c.
Increase of improvement securities in compliance with revised construction
estimates;
d.
Inspection fees may be increased to reflect current construction
costs, but shall not be subject to any decrease or refund; and
e.
Any fees then in effect.
|
The council may impose additional requirements as recommended
by the engineer or as it may deem necessary as a condition to approving
any time extension for the completion of subdivision improvements.
|
(Ord. 469 § 1, 1990)
A.
General.
1.
After
all improvement deficiencies have been corrected and drawings of record
improvement plans filed, the completed subdivision improvements shall
be considered by the council for acceptance, as recommended by the
engineer.
2.
Acceptance
of the improvements shall imply that the improvements have been completed
satisfactorily and that public improvements have been accepted for
public use.
B.
Notice
of Completion. When the subdivision has been accepted by the council,
the subdivider shall file a notice of completion with the office of
the county recorder.
C.
Acceptance
of a Portion of Improvements.
1.
Upon
written report of the subdivider, the engineer may recommend that
the council accept a portion of the subdivision improvements. The
improvements shall only be accepted by the council if it finds that
it is in the public interest, and the improvements are for the use
of the general public.
2.
Acceptance
of a portion of the improvements shall not relieve the subdivider
from any other requirements imposed by this title.
(Ord. 469 § 1, 1990)
