As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of, and/or improve or agree to improve all parcels of land within the subdivision which are needed for public uses including, but not limited to, streets, alleys, bikeways, local transit facilities, drainage, public utility and sunlight easements, and other public easements. Dedication of access rights may be required where lots are served by more than one street. Dedication of park land and facilities shall be in accordance with Chapter 16.48 of this title.
(Prior code § 21-11-1)
A. 
If, at the time of approval of the final map or parcel map, any public improvements required pursuant to the Subdivision Map Act or this title have not been completed and accepted in accordance with the applicable City standards, as a condition precedent to the approval of the final or parcel map, the subdivider shall execute an improvement agreement in a form approved by the City Attorney whereby the subdivider is bound to construct, within a reasonable time specified therein and at subdivider's expense, the required improvements. The improvement agreement shall provide for the following:
1. 
Construction of all improvements, including any required off-site improvements, according to the approved plans and specifications on file with the City Engineer;
2. 
Completion of improvements within a time specified by the City;
3. 
Right of the City to modify plans and specifications in writing to the subdivider;
4. 
Warranty by the subdivider that construction will not adversely affect any portion of adjacent properties;
5. 
Payment of inspection fees in accordance with the City adopted fee schedule;
6. 
Improvement security as required by Chapter 16.52 of this title;
7. 
A guarantee that the improvements will be free from defects of material or workmanship and shall perform satisfactorily for a period of at least one year after the City Council accepts the improvements as complete. The subdivider shall agree to repair any defect or replace a defective improvement which cannot be repaired, and which occurs within the one-year time period, at the subdivider's expense. The subdivider shall provide security to ensure satisfactory repair of defects as provided in Section 16.52.020;
8. 
A promise to pay for damage to public or private property resulting from or incidental to the construction of improvements;
9. 
Release and indemnification of the City from all liability incurred in connection with the development and payment of all reasonable attorneys' fees that the City may incur because of any legal action or other proceeding arising from the development;
10. 
Any other deposits, fees or conditions as required by City ordinance or resolution and as may be required by the City Engineer;
11. 
Right of the City to withhold occupancy permits until completion of improvements;
12. 
Any other provisions required by the City as reasonably necessary to carry out the Subdivision Map Act and this chapter.
B. 
The executed improvement agreement shall be recorded with the County Recorder and shall bind the subdivider's successors-in-interest. The subdivider shall provide improvement security as provided by Chapter 16.52 of this title.
(Prior code § 21-11-2)
The subdivider shall complete the improvements within one calendar year, unless an extension is granted by the City Engineer. The subdivider shall complete improvements before final building inspection or the issuance of an occupancy permit for any unit in the subdivision, unless otherwise allowed by the City Engineer. 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.
(Prior code § 21-11-3)
A. 
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 30 days before the expiration of the subdivision agreement. 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.
B. 
In passing upon a request for an improvement agreement extension, the City may require the following:
1. 
Revision of improvement plans to provide for current design and construction standards when required by the City Engineer;
2. 
Revision of 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. 
Increase of inspection fees to reflect current construction costs; however, inspection fees are not subject to decrease or refund;
5. 
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;
6. 
Subsections (B)(1) and (B)(5) of this section are not applicable to improvement agreements on vesting tentative maps.
C. 
The subdivider shall pay the costs incurred by the City in processing the extension request and extension agreement.
(Prior code § 21-11-4)
The improvement agreement executed pursuant to Section 16.44.020 of this chapter shall include provisions for the planting within parkways, medians, and other street landscape areas. The trees planted in accordance with applicable City ordinances shall be of a type listed on City's street tree list approved by the Public Works Director as developed and recommended by the Parks and Recreation Commission. The City Engineer may waive all or any part of this requirement if he or she determines that the requirement would be unnecessary or unreasonable under the circumstances in any particular case.
(Prior code § 21-11-5)
Improvement plans and specifications required by this code and the Subdivision Map Act together with such calculations and additional information as will assist the City Engineer to properly check the improvement plans and specifications shall be submitted with the final map or parcel map. The number of sets of such improvement plans and specifications submitted shall be as specified by the City Engineer.
(Prior code § 21-11-6)
A. 
Within 60 working days of submittal, the City Engineer shall review improvement plans. If the improvement plans do not fully comply with the requirements of the Subdivision Map Act, this code and the "Standard Specifications and Details," as amended from time to time, and substantially comply with the tentative map, the City Engineer shall return the plans, along with written list of the deficiencies, to the subdivider for correction. The City Engineer shall process any resubmitted improvement plan within 15 working days. These time limits do not include any days during which the improvement plan has been returned to the subdivider for correction, has been subject to review by other than the City or, following that review, has been returned to the subdivider for correction. These time limits may be extended by mutual consent of the subdivider and City.
B. 
Upon determination that the improvement plans fully comply with the requirements of the Subdivision Map Act, this code and the "Standard Specifications and Details," as amended from time to time, and substantially comply with the tentative map, the City Engineer shall sign the statement provided for in Section 16.36.080 of this title.
(Prior code § 21-11-8)
All agreements and improvements securities required by the Subdivision Map Act or this code shall be submitted with the final map or parcel map.
(Prior code § 21-11-9)
Improvement plans shall be prepared according to good engineering practice under the direction of, and shall be signed by, a registered civil engineer licensed by the State. The improvement plans shall show, as determined by the City Engineer, the complete plans, profiles and details for all improvements to be placed in the proposed subdivision including, but not limited to, all street work, drainage channels, and structures, all underground utilities to be installed by the subdivider including all appurtenances thereto located within the right-of-way, retaining walls or other improvements to support cut slopes and embankments, bridges if constructed in conjunction with subdivision improvements, the location and elevation of storm drains and culverts, the location of fire hydrants, curbs, gutters, and sidewalks, fences that may be required, gates, structures and drainage facilities necessary to control slides and other improvements which may be required to complete the work. All improvements shall be in accordance with the "Standard Specifications and Details," in effect at the time the original improvement plan is submitted to the City.
(Prior code § 21-11-10)
Subsequent to certification as provided for by Section 16.44.080, no change shall be made in the improvement plans for the subdivision without prior approval of the City Engineer. All changes approved by the City Engineer shall comply with the requirements of this code. Each request for approval of a change in the improvement plans shall be accompanied by the required fee prescribed by City Council resolution. The City Engineer may issue a stop work notice for any work that does not comply, or in order to evaluate whether certain work complies, with the approved improvement plans.
(Prior code § 21-11-11)
An estimate of the cost of the improvements of the proposed subdivision shall be prepared by the subdivider, stamped and signed by a registered civil engineer licensed by the State, and shall accompany the improvement plans each time they are submitted. Cost estimates shall include a separate item for contingencies in the amount of 10% of the estimated actual cost and a separate item for construction management, engineering and inspection in the amount of seven percent of the estimated actual cost. Upon consideration of the estimate submitted by the subdivider, the City Engineer shall determine the estimated cost for the improvements of the proposed subdivision.
(Prior code § 21-11-12)
Unless prior written approval is granted by the City Engineer, grading of the proposed subdivision and construction of any improvements thereon shall not begin until the City Engineer has approved the improvement plans for the proposed construction and all necessary bonds, financial arrangements and insurance have been provided.
(Prior code § 21-11-13)
All streets, sidewalks, curbs, gutters, structures, signs, fences, utilities, drainage facilities, street lighting and barricades within the subdivision shall be installed or improved to the standards specified in the "Standard Specifications and Details" in effect at the time the original improvement plan is submitted to the City.
(Prior code § 21-11-14)
Subject to the provision of Section 16.20.100, all facilities for drainage required for the proposed subdivision, regardless of location, shall be constructed by the subdivider in accordance with the requirements specified in the "Standard Specifications and Details" in effect at the time the original improvement plan is submitted to the City.
(Prior code § 21-11-15)
Except as otherwise provided in this code, and subject to the provisions of Sections 16.20.120 and 16.20.130, sewers and an adequate domestic water supply system shall be installed by the subdivider in each subdivision. The requirement that all lots be connected to sewers and the water supply system may be modified by the City Council if unusual circumstances warrant. The sewer system and domestic water supply system shall be constructed in accordance with the requirements specified in the "Standard Specifications and Details" in effect at the time the original improvement plan is submitted to the City.
(Prior code § 21-11-16)
As a part of the water supply installed in the proposed subdivision, the subdivider shall install water mains, fire hydrants, and other fire protection facilities deemed necessary to provide adequate fire protection to the proposed subdivision. The installation shall be in accordance with the requirements specified in the "Standard Specifications and Details" in effect at the time the original improvement plan is submitted to the City. All water mains with hydrants required by the City shall be dedicated to the City.
(Prior code § 21-11-17)
Except as otherwise provided in this code, all utility facilities including, but not limited to, electric lines, communication lines, cable television lines, street lighting, power supply lines, fire alarm circuits, and appurtenances thereto, shall be placed underground and all facilities including service laterals shall be installed in the ground prior to the paving of streets. The City Engineer may authorize installation of utility facilities after street improvements are installed if the installation will not require reconstruction or repair of the street improvements or if unusual circumstances warrant. All necessary arrangements for the installation of utilities shall be made with the operator of each proposed subdivision utility system pursuant to this section, by the subdivider. At the time of approval of the tentative map, or extensions thereof, the Planning Commission may modify this requirement for all or part of a subdivision where, due to physical conditions, it would cause unreasonable hardship. This section shall not apply to utility lines which do not provide service to the area being subdivided.
(Prior code § 21-11-18)
The subdivider shall cause installation of signs at all locations within the subdivision specified by the City Engineer. All traffic control devices and signs shall conform to applicable laws and regulations. Any proposed street names shall comply with the City's street naming policy as administered by the Fire Department.
(Prior code § 21-11-19)
Abandoned underground facilities encountered during construction of any improvements in the subdivision shall be handled by the subdivider in a manner satisfactory to the City Engineer.
(Prior code § 21-11-20)
Water wells within the proposed subdivision to be abandoned shall be sealed in a manner satisfactory to the County Director of Environmental Health and in compliance with the applicable ordinances, or shall be protected from surface and underground pollution in accordance with requirements determined by the County Director of Environmental Health. Water wells not abandoned shall be delineated on the parcel map or final map, and measures satisfactory to the County Director of Environmental Health shall be taken to prevent injury to persons or property by use of appropriate physical barricades and deed restrictions.
(Prior code § 21-11-21)
Where determined by the Planning Commission to be necessary for public safety, the subdivider shall construct a suitable fence or wall. All walls and fences required pursuant to this section shall be completed prior to occupancy of buildings within any portion of the subdivision.
(Prior code § 21-11-22)
At the time of completion of the improvements required pursuant to this code, as a condition precedent to release of the improvement security, the subdivider shall submit a duplicate tracing of as-built drawings to the City Engineer and shall certify that all work has been done in accordance with the requirements of this code.
(Prior code § 21-11-23)
As authorized by Section 66462 of the Subdivision Map Act, the "Standard Specifications and Details," as amended from time to time, copies of which are on file with the City Clerk, is hereby adopted by reference and all subdivision improvements shall be in accordance with the standards and specifications contained therein and such amendments and additions thereto as may be made from time-to-time by the City Council.
(Prior code § 21-11-24)
As authorized by Section 66478 of the Subdivision Map Act, the City may require the dedication of land for the purpose of constructing elementary schools to assure the residents of the subdivision adequate public school service. Any property owner who has owned the land being subdivided for more than 10 years prior to filing of a tentative map is exempt from this requirement.
(Prior code § 21-11-25)
A. 
When property is dedicated to the City in fee for public purposes, or for making public improvements or constructing public facilities, other than for open space, parks, or schools, the City shall record a certificate with the County Recorder. The certificate shall be attached to the map and shall contain all of the information specified in Section 66477.5 of the Subdivision Map Act.
B. 
The subdivider may request that the City make the determination that the same public purpose for which the dedication was required still exists, after payment of a fee that shall not exceed the amount required to make that determination. If the City determines that the same public purpose for which the dedication was required does not exist, it shall reconvey the property to the subdivider or the successor in interest, except for all or any portion of the property that is required for that same public purpose or for public utilities. If the City decides to vacate, lease, sell or otherwise dispose of the dedicated property, the City shall give at least 60 days' notice to the subdivider whose name appears on the certificate before vacating, leasing, selling or otherwise disposing of the dedicated property. This notice is not required if the dedicated property will be used for the same public purpose for which it was dedicated.
(Prior code § 21-11-26)
Whenever there is consideration of an area within a development for a public school site, the City shall give the affected school districts and the State Department of Education written notice of the proposed site as specified in Section 66455.9 of the Subdivision Map Act.
(Prior code § 21-11-27)
As a condition of approval of any subdivision, the City may require the subdivider to reserve areas of real property within the subdivision for parks, recreational facilities, fire stations, libraries, schools or other public uses, pursuant to the provisions and subject to the powers and obligations set forth in Section 66479 et seq., of the Subdivision Map Act.
(Prior code § 21-11-28)