After the approval of a tentative map, the subdivider shall diligently proceed to complete any improvements necessary to fulfill the conditions of approval. Improvement shall be defined as any infrastructure including streets, storm drains, sewers, water facilities, utilities, site grading and similar items. Before the construction of any improvements, the subdivider shall submit plans to the city engineer as follows:
A. 
Preparation and Content. Improvement plans shall be prepared by a California registered civil engineer. Improvement plan submittals shall include the following information:
1. 
Any drawings, specifications, calculations, design reports and other information required by the city engineer;
2. 
Grading, drainage, erosion and sediment control;
3. 
The improvement plan checking fees as set forth in the master fee schedule;
4. 
The final map of the subdivision.
B. 
Submittal of Plans. The subdivider shall submit improvement plans to the city engineer and other reviewing agencies for review and action. Upon the approval of improvement plans in compliance with subsection C of this section, the subdivider shall also submit to the city engineer a detailed cost estimate of all improvements, based on guidelines provided by the city engineer.
C. 
Review and Action. The city engineer shall review and act on improvement plans within the time limits provided by Map Act Section 66456.2.
D. 
Effect of Approval. The subdivider must obtain final approval of improvement plans before obtaining city approval of the parcel or final map. The approval of improvement plans shall not bind the city to accept the improvements nor waive any defects in the improvements as installed.
(Ord. 1567)
A. 
Timing of Improvements. The subdivider shall construct or install required improvements after obtaining city approval of improvement plans in compliance with Section 10.55.005.C: Review and Action, and before the approval of a parcel or final map, except where:
1. 
Improvements are deferred in compliance with Section 10.55.015: Improvement Agreements and Security; or
2. 
Improvements are required as conditions on the approval of a subdivision of 4 or fewer lots, in which case construction of the improvements shall be required:
a. 
Only when a permit for development of an affected parcel is issued by the director; or
b. 
At the time the construction of the improvements is required in compliance with an agreement between the subdivider and the city, as set forth in Section 10.55.015: Improvement Agreements and Security; or
c. 
At the time set forth in a condition of approval, when the city finds that fulfillment of the construction requirements by that time is necessary for public health and safety, or because the required construction is a necessary prerequisite to the orderly development of the surrounding area.
B. 
Inspection of Improvements. The construction and installation of required subdivision improvements shall occur as follows.
1. 
Supervision. Before starting any work, the contractor engaged by the subdivider shall designate in writing an authorized representative who shall have the authority to represent and act for the contractor in contacts with the city. The designated representative shall be present at the work site at all times while work is in progress. At times when work is suspended, arrangements acceptable to the city engineer shall be made for any emergency work that may be required.
2. 
Inspection Procedures.
a. 
Inspections Required. The city engineer shall make any inspections as deemed necessary to ensure that all construction complies with the approved improvement plans. The developer shall pay the full cost of any inspection services determined to be necessary by the city engineer. The city shall collect an initial deposit and invoice the developer for inspection services at appropriate times during the period of construction of the improvements.
b. 
Access to Site and Materials. The city engineer shall have access to the work site at all times during construction, and shall be furnished with every reasonable facility for verifying that the materials and workmanship are in compliance with the approved improvement plans.
c. 
Authority for Approval. The work done and all materials furnished shall be subject to the inspection and approval of the city engineer. The inspection of the work or materials shall not relieve the contractor of any obligations to fulfill the work as prescribed.
d. 
Improper Work or Materials. Work or materials not meeting the requirements of the approved plans and specifications may be rejected, regardless of whether the work or materials were previously inspected by the city engineer. In the event that the city engineer determines that subdivision improvements are not being constructed as required by the approved plans and specifications, he or she shall order the work stopped and shall inform the contractor of the reasons for stopping work and the corrective measures necessary to resume work. Any work done after issuance of a stop work order shall be a violation of this title.
3. 
Notification. The subdivider shall notify the city engineer upon the completion of each stage of construction as outlined in this chapter, and shall not proceed with further construction until authorized by the city engineer.
(Ord. 1567)
A subdivider may file a parcel or final map before completion of all the improvements required by this title and conditions of approval of the tentative map, only if the subdivider first obtains council approval of a subdivision improvement agreement and provides the city performance security as required by this section. Improvement agreements and required security shall also comply with Chapter 5 of the Map Act.
A. 
Contents of Improvement Agreement. A subdivision improvement agreement shall be submitted on a form provided by the city engineer and approved by the city attorney and shall include the following provisions:
1. 
Description of Improvements. A description of all improvements to be completed by the subdivider, with reference to the approved subdivision improvement plans.
2. 
Time Limit for Construction. The period within which all required improvements will be completed to the satisfaction of the city engineer.
3. 
Completion by City Provision. A provision that if the subdivider fails to complete all required improvements within the specified time, the city may elect to complete the improvements and recover the full cost and expenses thereof from the subdivider or the surety, including all attorney fees and legal costs associated with enforcement of the agreement.
4. 
Surety Requirement. The requirement that the subdivider furnish security to insure full and faithful performance and to insure payment to laborers and material suppliers, as specified in subsection B of this section. The amount of surety shall be based on an engineer's cost estimate submitted by the subdivider as provided by Section 10.55.010.B: Inspection of Improvements and approved by the city engineer. The total cost of improvements to be guaranteed shall be as provided in the approved engineer's cost estimate.
5. 
Phased Construction. Provisions for the construction of improvements in units, at the option of the subdivider, if applicable.
6. 
Time Extensions. Provisions for an extension of time under conditions specified therein, at the option of the subdivider, consistent with the requirements of subsection C of this section.
B. 
Security Required to Guarantee Improvements. A subdivision improvement agreement or a subdivision road maintenance and repair agreement shall be secured by adequate surety in a form approved as to form and sufficiency by the city attorney, as follows:
1. 
Type of Security. Subdivision improvement agreements shall be secured by all of the following:
a. 
A guarantee for "Faithful Performance," in the amount of 100% of the engineer's estimate;
b. 
A guarantee for "Materials and Labor," in the amount of 100% of the engineer's estimate;
c. 
A one-year guarantee and warranty for work in the amount of 10% of the engineer's estimate.
2. 
Form of Security. The required surety shall consist of one or more of the following forms selected by the city engineer for the full amounts specified in paragraph 1 of this subsection.
a. 
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;
b. 
A bond or bonds executed by one or more duly authorized corporate sureties;
c. 
An instrument of credit from an agency of the state, federal, or local government when any said agency provides at least 20% of the financing for the act or agreement requiring security or from one or more financial institutions subject to regulation by the state or federal government pledging that funds necessary to carry out the act or agreement are on deposit and guaranteed for payment; or a letter of credit issued by such a financial institution;
d. 
A lien upon the property to be divided, created by contract between the owner and the city, where the city finds that it would not be in the public interest to require the installation of the required improvement sooner than 2 years after the recordation of the Map; or
e. 
Any form of security, including security interests in real property, that is acceptable to the city.
C. 
Time Extensions. The council may extend the time for completion of improvements governed by a subdivision improvement agreement only if:
1. 
Public Works Report. The city engineer notifies the council that either the subdivider is proceeding to do the work required with reasonable diligence or is not yet ready to develop the subdivision, and has given satisfactory evidence of being able and willing to complete all required work within the time of the requested extension.
2. 
Agreement by Sureties. The sureties agree in writing to extend for the additional period of time at the original amount of the bond or other surety, or if recommended by the city engineer, at an increased amount.
D. 
Council Conditions of Approval. As a condition of granting a time extension, the council may impose whatever additional requirements the council deems reasonable to protect the public interest.
E. 
Acceptance of Improvements. Before acceptance for maintenance or final approval by the council of subdivision improvements, the city engineer shall verify that the improvement work has been completed in substantial compliance with the approved plans and specifications.
(Ord. 1567)
A. 
Preliminary Soils Report Required. Concurrently with submitting its improvement plans, the subdivider shall submit to the city engineer and building official a preliminary soils report prepared by a registered civil engineer and based upon adequate test borings.
1. 
Form of Report. The preliminary soils report shall include a complete description of the site based on a field investigation of soils matters. The soils matters reviewed shall include stability, erosion, settlement, feasibility of construction of the proposed improvements, description of soils related hazards and problems and proposed methods of eliminating or reducing these hazards and problems.
The investigation and report shall include field investigation and laboratory tests with detailed information and recommendations relative to all aspects of grading, filling and other earthwork, foundation design, pavement design and subsurface drainage.
The report shall also recommend any required corrective action for the purpose of preventing structural damages to the subdivision improvements and the structures to be constructed on the lots. The report shall also recommend any special precautions required for erosion control, and the prevention of sedimentation or damage to off-site property.
If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, or environmental impacts, the city engineer and building official may require the subdivider to submit a subsequent soils investigation of each parcel in the subdivision prior to approval of a parcel or final map.
2. 
Preliminary Soils Report Waiver. The preliminary soils report may be waived if the city engineer and the building official determine that existing available information on the qualities of the soils of the subdivision makes no preliminary analysis necessary.
B. 
Final Soils Report. The subdivider shall submit a final soils report prepared by a registered civil engineer.
1. 
The report shall contain sufficient information to ensure compliance with all recommendations of the preliminary soils report and the specifications for the project.
2. 
The report shall also contain information relative to soils conditions encountered which differed from that described in the preliminary soils reports, along with any corrections, additions or modifications not shown on the approved plans.
C. 
Geologic Investigation and Report. If the city engineer or building official determines that conditions warrant, a geologic investigation and report may also be required.
(Ord. 1567)