To ensure that proposed land divisions are developed in the best interest of the people of Oroville, land divided under the provisions of this title shall conform to the design standards of this chapter, to the city engineering design standards and to any standards established by the city engineer.
(Ord. 1749 § 3)
A. 
Parcel Dimensions. Minimum parcel dimensions shall be as specified in the zoning code for lots in the applicable zoning district.
B. 
Lot Frontage. Each parcel of land shall have the minimum lot frontage required by the zoning code on a public street, or a private street that provides a direct or indirect connection to a public street.
C. 
Depth-to-Width Ratio. For parcels with a width of less than 250 feet, the depth of the lot shall not exceed 3 times its width, unless one or more of the following conditions apply:
1. 
The parcel is in an area designated in the general plan for permanent agriculture, recreation or conservation uses.
2. 
The full depth of the parcel will not be buildable due to unusual topography, such as the existence of steep slopes, flood-plains and bodies of water, and the buildable portion of the parcel conforms to the depth and width requirements of this section.
3. 
The full depth of the parcel will not be buildable due to the existence of dedicated easements, and the buildable portion of the parcel conforms to the depth and width requirements of this section.
D. 
Parcels with Environmental Conservation/Safety Designation. No existing parcel with a general plan land use designation of environmental conservation/safety shall be subdivided, unless the planning commission finds all of the following:
1. 
The subdivider has demonstrated that it is not appropriate to apply the environmental conservation/safety land use designation to the entirety of the existing parcel.
2. 
The subdivision would create at least one parcel that would not require the environmental conservation/safety land use designation and that provides adequate buildable area for the construction of at least one permanent building.
E. 
Parcel Slope. If a parcel is to be created with an average slope greater than 30%, and any portion of the newly-created parcel does not already have a general plan land use designation of environmental conservation/safety, a general plan amendment to apply this designation to the newly-created parcel shall be required as a condition of approval for the subdivision.
F. 
Prohibited Lot Types.
1. 
Double-frontage lots shall not be created for residential use.
2. 
Flag lots shall not be created.
(Ord. 1749 § 3)
All subdivisions adjacent to public natural resources, including any lake or reservoir owned in part or wholly by any public agency, shall be designed to provide reasonable public access to those resources as required by the Subdivision Map Act, Chapter 4, Article 3.5; Government Code Section 66478.1 et seq.
(Ord. 1749 § 3)
All grading in a subdivision shall comply with the requirements of Chapter 15.88 of this Code and any other ordinances or resolutions regulating the grading of land in the city.
(Ord. 1749 § 3)
Trees and landscaping shall be provided and preserved as follows:
A. 
No tree designated as a historical or specimen tree, as defined in Chapter 12.20 of this Code, shall be removed from the site of a proposed subdivision without the prior approval of the park commission.
B. 
Wherever a public or private street provides a sidewalk, street trees shall be provided within the street right-of-way.
C. 
The subdivider shall provide a master street tree and landscaping plan as part of the subdivision improvement plans. The plant species, planting methods and planting locations shall conform to the city engineering design standards and shall be subject to approval by the director of parks and trees.
D. 
The responsibility for planting street trees and landscaping and financing their maintenance shall be as follows:
1. 
The subdivider shall complete all street tree and landscape planting as part of the subdivision improvements.
2. 
If a parcel is adjacent to any public street that provides trees or other landscaping, the parcel shall be annexed into the city landscaping and lighting maintenance assessment district.
3. 
If a subdivision includes any private streets, the subdivider shall provide a security, in a form approved by the city attorney, guaranteeing the faithful performance of all irrigation and maintenance of trees and landscaping planted in private street rights-of-way. The amount of the security shall be equal to the cost of irrigation and maintenance for 2 years, as calculated by the subdivider and approved by the director of parks and trees.
(Ord. 1749 § 3)
If the circulation element of the general plan shows any highway, arterial street or collector street located such that a portion of the highway or street lies within the proposed subdivision, that portion shall be dedicated to the city, and the subdivider shall construct or finance the construction of that portion of the highway or street. The subdivider may also be required to construct other portions of the highway or street, as provided in Section 16.16.140.
(Ord. 1749 § 3)
A. 
General Requirements. The location, width and alignment of streets shall conform to the general plan, any applicable specific plans, any applicable design guidelines adopted by the city council, the city engineering design standards and any standards established by the city engineer, except where alternative standards are approved by the city council. Streets shall be designed for the most advantageous development of the area in which the subdivision lies and for high connectivity with surrounding areas.
B. 
Requirements for Private Streets.
1. 
New private streets shall be created only if they meet all of the following requirements:
a. 
The planning commission determines that a private street system will not be a substantial detriment to adjoining properties, or to the properties served by the private street system, and will not disrupt or prevent the establishment of an orderly circulation system in the vicinity of the subdivision.
b. 
The proposed private streets meet all applicable requirements for public streets, including but not limited to compliance with the city engineering design standards.
c. 
The proposed private street is located on the premises of a commercial, industrial or multifamily residential development, or is located in a zoning district with a minimum lot size of at least one-half acre.
2. 
The subdivider shall establish provisions, approved by the city engineer and city attorney, for a homeowners' association or other organization to assume responsibility for the maintenance and ownership of private streets and their rights-of-way, including any trees and landscaping provided within street rights-of-way.
3. 
The planning commission may require that a proposed private street be subject to an irrevocable offer of dedication to the city, which shall be recorded with the final map.
C. 
Block Length. Any newly-created block shall be no longer than 800 feet along any distance between 2 intersections, unless an exception is made based on topography or other factors as provided in Section 16.04.040.
D. 
Cul-De-Sac Streets.
1. 
A cul-de-sac street in a residential subdivision shall not exceed 600 feet in length and shall not serve more than 25 parcels.
2. 
Where a subdivision abuts unsubdivided land, street dedication in the subdivision shall extend to the adjacent unsubdivided land to provide access in the event of its future subdivision, and in a manner that provides the most advantageous development of the street pattern in the area.
3. 
Where a street ends at a property line but is planned for future extension, the street shall be provided with a turnaround area in accordance with the city construction standards. The planning commission may waive this requirement if topography or other conditions make its application impractical or unnecessary, or if the street is to be extended into the abutting property within one year of the street's construction, subject to the approval of the fire chief.
E. 
Street Alignments. The centerlines of streets that extend along existing or planned streets shall continue the centerlines of the existing streets as far as practical, either in the same direction or by adjustment curves.
F. 
Alleys. Alleys may be provided in any subdivision and may be required at the rear of properties.
G. 
Street Names. All street and alley names shall be chosen in accordance with the requirements of Chapter 12.24 of this Code.
(Ord. 1749 § 3)
A. 
Whenever a subdivider is required to dedicate roadways to the public, a dedication of land may be required to provide bikeways and pedestrian paths for the use and safety of the residents of the subdivision, or to provide bikeways and pedestrian paths as shown in the circulation element of the general plan, a bikeway or pedestrian plan adopted pursuant to the general plan, or an applicable specific plan.
B. 
Bikeways and pedestrian paths may be required:
1. 
To connect a cul-de-sac with another street.
2. 
To provide access to parks, schools or similar facilities, in which case the path shall be dedicated to and maintained by the agency served.
C. 
For all Class I bikeways, the following requirements shall apply:
1. 
Class I bikeways shall have a minimum right-of-way of 20 feet and a minimum usable width of 10 feet. Paths shall be constructed and surfaced in accordance with the city engineering design standards.
2. 
A landscaping area with a minimum width of 5 feet shall be provided on each side of a Class I bikeway, and this area shall be subject to the tree planting and landscaping requirements of Section 16.16.050. In addition, any unpaved areas within a Class I bikeway's right-of-way shall be landscaped.
(Ord. 1749 § 3)
A. 
The subdivider shall provide for future passive or natural heating or cooling opportunities in the subdivision, to the extent that this can be accomplished within a reasonable period of time, given economic, environmental, social and technological constraints.
1. 
Examples of passive or natural heating opportunities in subdivision design include design of parcel size and configuration to permit orientation of a structure in an east-west alignment for southern exposure.
2. 
Examples of passive or natural cooling opportunities in subdivision design include design of parcel size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.
B. 
In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, site contours, configuration of the parcel to be divided and other design and improvement requirements. Provision of passive or natural heating or cooling opportunities shall not result in reducing allowable densities or the percentage of a parcel that may be occupied by a building or structure under applicable zoning regulations in effect at the time the tentative map is filed.
(Ord. 1749 § 3)
A. 
Whenever there is consideration of an area for a public school site within a subdivision, the city shall notify the affected school districts and the State Department of Education, in writing, of the proposed site. The notification shall include the identification of any existing or proposed airport runways within the distance specified in Section 17215 of the Education Code.
B. 
As a condition of approval of a final subdivision map, a subdivider who develops or completes the development of one or more subdivisions located in one or more school districts shall offer land for dedication to those school districts as deemed necessary by the city council to construct schools necessary to assure adequate school service to the residents of the subdivision.
C. 
If the general plan land use map or an applicable specific plan map shows a planned school within the boundaries of the subdivision, the school site shall be offered for dedication in the general location shown on the general plan or specific plan map.
D. 
The requirement of dedication shall be imposed at the time of approval of the tentative map. If, within 30 days after the requirement of dedication is imposed by the planning commission or the city council, the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with or up to 60 days after the filing of the final map on any portion of the subdivision.
E. 
The school district shall, if it accepts the dedication, repay to the subdivider or his/her successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:
1. 
The cost of any improvements to the dedicated land since acquisition by the subdivider;
2. 
The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication; and
3. 
Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.
F. 
The dedication requirements of this section shall not apply to a subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the tentative map.
(Ord. 1749 § 3)
In addition to the dedications for specific public uses that this chapter requires, the subdivider shall reserve land within the subdivision for fire stations, libraries or other public uses, consistent with the general plan and applicable specific plans; provided that:
A. 
The reserved area is of a size and shape that permits the balance of the property within which the reservation is located to develop in an orderly and efficient manner.
B. 
The amount of land reserved will not make development of the remaining land held by the subdivider economically infeasible.
C. 
The reserved area shall conform to the general plan or an applicable specific plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period; in such an event, the subdivider shall make those changes that are necessary to permit the reserved area to be developed for the intended purpose, consistent with good subdividing practices.
(Ord. 1749 § 3)
A. 
Increased storm runoff that results from development of a subdivision shall be retained within the subdivision, so as not to exceed the natural runoff rate that occurred prior to development. The natural runoff rate shall be retained for the 2-, 10- and 100-year storm events.
The design of stormwater detention and retention systems, and hydraulic studies necessary to support such designs shall be in accordance with the city's engineering design standards.
B. 
Storm runoff from streets shall be conveyed using paved curbs and gutters, or another conveyance system approved by the city engineering design standards. The conveyance system shall conform to the requirements of the city engineering design standards.
C. 
Storm runoff from streets may be detained in planted areas, including, but not limited to, tree wells and traffic roundabouts, provided that each planted area provides a drainage system that meets the requirements of the city engineering design standards.
D. 
In the event that the subdivision is traversed by any watercourse, channel, lake, stream or creek, the subdivider shall provide rights-of-way or easements for storm drainage purposes either conforming substantially with the lines of the watercourse, channel, lake, stream or creek, or the subdivider shall provide necessary rights-of-way or easements for any changes in the channel.
(Ord. 1749 § 3)
A. 
Where it is apparent that the construction of the improvements in a proposed subdivision will leave contiguous areas of substandard improvement, creating a condition detrimental to public safety, health, interest and convenience, the planning commission may require the simultaneous improvement of reasonably contiguous areas consistent with the purpose and intent of this chapter, upon finding that those improvements will be of public necessity and convenience.
B. 
Where circumstances dictate that in the public interest the improvements installed by the subdivider for the benefit of the subdivision shall contain supplemental size, capacity or number for the benefit of property not within the subdivision, those supplemental improvements shall be dedicated to the public.
C. 
In the event of the installation of supplemental improvements required by this section, the city shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements. In no case shall a reimbursement agreement exceed 10 years.
D. 
In order to pay costs as required by the reimbursement agreement, the city may:
1. 
Collect a reasonable charge from other persons, including public agencies, using the supplemental improvements;
2. 
Contribute to the subdivider that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision, and levy a charge upon the real property benefited to reimburse itself for that cost, together with any interest paid to the subdivider;
3. 
Establish and maintain local benefit districts for the levy and collection of charges or costs from the property benefited.
(Ord. 1749 § 3)
A. 
The subdivider shall provide a master street-lighting plan as part of the subdivision improvement plans. Streetlights shall be constructed and installed in accordance with specifications approved by the city engineer. If a parcel is adjacent to any public street that provides streetlights, the parcel shall be annexed into the city landscaping and lighting maintenance assessment district.
B. 
Water and sanitary service and public utilities shall be provided in a subdivision as follows:
1. 
All parcels shall be provided with a connection to a public water system. In addition, residential subdivisions of more than 500 dwelling units shall comply with the requirements of Section 66473.7 of the Government Code. The city engineer may modify or waive these requirements for a parcel with an area of at least 5 acres, provided that the subdivider has demonstrated that a private well is an allowable and feasible means of supplying water to the parcel and has agreed to provide such a well.
2. 
All parcels shall be provided with a connection to a public sanitary sewer system. The city engineer may modify or waive this requirement for a parcel with an area of at least 5 acres, provided that the subdivider has demonstrated that a septic system is allowable and feasible on the parcel and has agreed to provide such a system.
3. 
All parcels in a subdivision shall be provided with telephone service.
4. 
All parcels in a subdivision shall be provided with a connection to a cable television system that is franchised or licensed to serve the area in which the subdivision is located.
5. 
Public utilities shall be underground as provided in Chapter 13.12 of this Code.
C. 
Provision for fire service in a subdivision shall be made as follows:
1. 
Fire hydrants, gated connections and appurtenances to provide fire protection shall be furnished in place by the subdivider.
2. 
The fire protection facilities shall be furnished in accordance with the standards of the fire department.
(Ord. 1749 § 3)
Soil and geological hazard reports shall be provided as follows for all subdivisions:
A. 
Soil Reports.
1. 
Prior to the submission of a tentative map, the subdivider shall file a preliminary soil report with the city engineer. The report shall be prepared by a civil engineer who is registered by the State of California and shall be based upon adequate test borings or excavations in the subdivision. The preliminary soil report may be waived if the city engineer determines that, based on existing knowledge of the soil qualities of the subdivision, no preliminary analysis is necessary. The determination shall be in writing and shall be made part of the data accompanying the final map.
2. 
A civil engineer who is registered by the State of California shall prepare a soil investigation of each parcel in the subdivision if the preliminary soil report indicates the presence of any of the following problems:
a. 
Critically expansive soils or other soil problems that, if not corrected, would lead to structural defects.
b. 
Rocks or liquids containing deleterious chemicals that, if not corrected, could cause construction materials such as concrete, steel and ductite or cast iron to corrode or deteriorate.
3. 
The soil investigation shall recommend corrective action that is likely to prevent structural damage to each building proposed to be constructed in the area where the soil problem exists. The soil investigation shall be filed with the city engineer.
4. 
The city engineer shall approve the soil investigation if he or she determines that the recommended corrective action is likely to prevent structural damage to each building to be constructed in the area where the soil problem exists. The subdivider may appeal the city engineer's determination to the city council, as provided in Section 16.04.060. Subsequent building permits shall be conditioned upon the incorporation of the recommended corrective action in the construction of each building.
B. 
Geological Hazard Reports.
1. 
Prior to the submission of a tentative map, the subdivider shall provide a geological hazard report if the subdivision includes any parcel with an average slope greater than 20%; if the subdivision includes land within a geologic hazard area, as identified in the general plan; or if the city engineer determines that other geological conditions warrant the preparation of such a report. The report shall be prepared by a civil engineer who is registered by the State of California and shall be based upon appropriate field observations.
2. 
If the geological hazard report indicates the presence of a potential geological hazard to life, health or property, a civil engineer who is registered by the State of California shall prepare a geological mitigation plan that identifies corrective action for the potential hazard. The geological mitigation plan shall be filed with the city engineer.
3. 
The city engineer shall approve the mitigation plan if he or she determines that the recommended corrective action is likely to mitigate the potential hazard. The subdivider may appeal the city engineer's determination to the city council, as provided in Section 16.04.060. Subsequent building permits shall be conditioned upon the incorporation of the recommended corrective action in the construction of each building.
(Ord. 1749 § 3)
Easements or rights-of-way for storm drainage, sewers or other public utilities may be required. Easements or rights-of-way shall be the width specified in a specific plan or as determined by the city engineer to provide for their necessary maintenance.
(Ord. 1749 § 3)
Dedication or irrevocable offer of dedication of real property within the subdivision may be required for streets, alleys, access rights and abutter's rights, drainage, public utility easements and other public easements.
(Ord. 1749 § 3)
A. 
Purpose. Pursuant to the authority granted by the Government Code Section 66477, California Quimby Act, this section establishes requirements for dedicating lands for parks and recreational purposes for the future residents of newly created subdivisions.
B. 
Applicability.
1. 
Dedication. As conditions of approval of a final map or parcel map, the subdivider shall dedicate land, pay in-lieu fees, or both, at the option of the city.
2. 
Exemption. The provisions of this section shall apply to all subdivisions except for the following:
a. 
A condominium project or stock cooperative which consists of the subdivision of air space in an existing apartment structure that is more than 5 years old and has no new residential units proposed.
b. 
A commercial or industrial subdivision.
c. 
A parcel map with no residential uses, containing less than 5 parcels, unless a building permit for a residential structure is requested for one of the parcels within 4 years.
3. 
Payment of Fee.
a. 
A subdivision containing 50 or fewer parcels may be required to pay in-lieu fees, but is not required to dedicate land.
b. 
A condominium project, stock cooperative or community apartment project of 50 or fewer parcels may be required to dedicate land if the project exceeds 50 dwelling units.
c. 
A parcel map with a residential zoning designation is required to pay an in-lieu fee.
C. 
Requirements.
1. 
Dedication Amount. The subdivider shall provide proportionate land in the amount necessary to have 5 acres per 1,000 residents within the subdivision.
2. 
In-Lieu Fees.
a. 
Where a fee is required to be paid in lieu of parkland dedication, the amount of the fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated.
b. 
The fair market value shall be determined at the time of filing of the final map.
c. 
The subdivider, at his or her own expense, shall obtain the appraisal of the property by a qualified and city-approved real estate appraiser, which may be accepted by the council if found reasonable.
d. 
The city and subdivider shall agree to the fair market value.
3. 
Credit for Private Open Space.
a. 
Private open space proposed in a subdivision shall be credited against the requirement of dedication, or in-lieu fee payment, for park and recreation purposes if:
i. 
The private open space proposed will be privately owned and maintained by the future residents of the subdivision.
ii. 
The city council acknowledges the public's interest to own and maintain private open space.
b. 
Proposed private open spaces shall meet all of the following standards:
i. 
The court areas, setbacks, yards, and other open areas required to be maintained by Title 10 or applicable building regulations shall not be included in the computation of the private open space.
ii. 
The private ownership and maintenance of the open space is adequately provided for by written agreement.
iii. 
The use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the subdivision and which cannot be defeated or eliminated without the consent of the city council.
iv. 
The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration factors such as access, geology, shape, size, topography, and location of the private open space land.
v. 
The facilities proposed for the open space are in substantial compliance with the provisions of the general plan, and are approved by the city council.
4. 
Development Schedule. At the time the final map is approved, the city council shall designate the time when development of the park and recreational facilities shall be commenced.
D. 
Determination of Parkland Dedication or In-Lieu Fee Payment.
1. 
At the time of filing of a tentative map for approval, the subdivider shall indicate a preference to dedicate parkland or submit an in-lieu fee payment.
2. 
A subdivider who prefers to dedicate lands for park and recreational purposes shall designate on the tentative map the area to be dedicated.
3. 
At the time of the tentative map approval, the planning commission shall determine whether to require parkland dedication, in-lieu fee payment, or the combination of both, with considerations of all of the following:
a. 
The policies and standards for parks and recreation facilities in the general plan.
b. 
The access, geology, location, and topography of the land in the subdivision available for dedication.
c. 
The shape and size of the subdivision and the land available for dedication.
E. 
Conditions of Approval. The planning commission may attach conditions to the approval of a final map as needed to ensure:
1. 
Its compliance with Government Code Section 66477, where dedication is required.
2. 
The fees are deposited with the city before the approval of the final map.
3. 
Submission of open space covenants for private park or recreational facilities before approval of the final map and concurrent recordance with the final map.
F. 
Limitations on the Use of Land and Fees.
1. 
The land and fees received in compliance with this section shall be used only for the purpose of providing park and recreational facilities to serve the subdivision for which received.
2. 
The location of the land and amount of fees shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.
(Ord. 1819 § 13, 2017)
A. 
After approval of a tentative map, before any construction work begins and before filing a final map or parcel map, the subdivider shall submit improvement plans to the city engineer, prepared under the direction of and signed by a registered civil engineer licensed by the State of California.
B. 
The improvement plans shall show complete plans and details for all required improvements to be constructed, both public and private, and they shall conform to the city engineering design standards. The improvement plans may refer to the city engineering design standards rather than replicating them.
C. 
Hydrology studies, plans and calculations, estimates of required securities and any structural calculations that may be required shall be submitted with the improvement plans. These studies and calculations shall be prepared and signed by a registered civil engineer licensed by the State of California.
D. 
The improvement plans shall conform to the requirements of the zoning administrator as to form.
E. 
The subdivider shall submit preliminary copies of the improvement plans and calculations to the city engineer for review. The city engineer shall return one set of the preliminary plans and calculations, with any required revisions indicated. After completing these revisions, the subdivider shall submit revised copies to the city engineer for approval.
F. 
Upon finding that all required revisions have been made; that all required fees have been paid; and that the plans conform to all applicable city ordinances, design review requirements and conditions of approval of the tentative map, the city engineer shall approve the improvement plans.
1. 
The city engineer shall act within 60 days of receiving the preliminary improvement plans and calculations, except that at least 15 days shall be provided for processing any resubmitted improvement plan. The period of 60 days shall not include any days during which the improvement plan has been returned to the subdivider for corrections or has been subject to review by any party other than the city or a private entity contracted by the city.
2. 
The city engineer's approval of improvement plans shall not relieve the subdivider of responsibility for the design of the improvements and for any deficiencies in the improvements.
G. 
Upon approval of the improvement plans and provision of all required securities, a construction permit for the improvements shall be issued. The permit shall be valid for one year after it is issued, and it may be extended for an additional period of up to one year, subject to the approval of the city engineer.
H. 
If the subdivider determines that revisions to approved improvement plans are necessary or desirable, the subdivider shall submit copies of the proposed revisions to the city engineer for review and approval. Construction of the revised improvements shall not begin until the city engineer approves the revisions.
I. 
If the city engineer determines that revisions to approved improvement plans are necessary to protect public health and safety or to address site conditions, the city engineer shall request revisions from the subdivider for review and approval. The city engineer may stop any reasonably related portion of the construction of improvements until he or she approves the revisions. The subdivider may appeal required revisions as provided in Section 16.04.060.
(Ord. 1749 § 3)
A. 
All construction methods and materials for improvements shall conform to the approved improvement plans, the requirements of the applicable construction permit and the city engineering design standards, unless exceptions to the engineering design standards were approved as part of the improvement plans.
B. 
All construction of improvements is subject to inspection by the city engineer. The subdivider shall notify the city engineer one full day before beginning the construction of any improvements. The city engineer shall have full access to the improvement work at all times during its construction.
(Ord. 1749 § 3)
A. 
If a subdivider files a final subdivision map before all improvements are complete, the city council and the subdivider shall enter into a subdivision improvement agreement as a condition precedent to approval of the final map. The subdivision improvement agreement shall be in a form approved by the city attorney and subject to a fee established by resolution of the city council, and it shall include all of the following:
1. 
A list of the improvements that have not been completed.
2. 
A schedule for completing the improvements.
3. 
A requirement that the improvements be completed at the subdivider's expense.
B. 
If the subdivider fails to complete the improvements within the period of time required by the subdivision improvement agreement, the city council may, by resolution, cause all required improvements to be completed, and the parties executing the security for improvements shall be firmly bound for all costs of completing the improvements.
(Ord. 1749 § 3)
A. 
Upon completion of the subdivision improvements, the subdivider shall apply to the city engineer for preliminary final inspection. The city engineer shall conduct a preliminary final inspection and prepare a deficiency list, noting all additional work to be performed and deficiencies in existing work to be corrected. The city engineer shall provide a copy of the deficiency list to the subdivider. If there are an excessive number of deficiencies or missing improvements, the city engineer may choose to postpone the inspection.
B. 
After the subdivider has corrected all of the items on the deficiency list, the subdivider shall apply to the city engineer for final inspection. The city engineer shall conduct a final inspection and verify that the items on the deficiency list have been corrected. Upon so verifying, and after receiving as-built improvement plans, the city engineer shall accept the improvements and issue a notice of completion to the subdivider.
C. 
The city engineer's acceptance of improvements shall not relieve the subdivider of responsibility for correcting any deficiency that subsequently is discovered.
(Ord. 1749 § 3)
A. 
A security shall be furnished for all improvements shown in the improvement plan, in accordance with the requirements of Sections 66499 through 66499.10 of the Government Code and as provided in this section.
B. 
The security shall be in a form approved by the city attorney and shall be provided as specified in Sections 66499 through 66499.2 of the Government Code. Unless otherwise approved by the city attorney the standard form of security shall be a bank letter of credit.
C. 
The amount of the security shall be as follows:
1. 
One hundred percent of the total estimated cost of the improvements as a performance security to guarantee the construction or installation of all improvements.
2. 
Fifty percent of the total estimated cost of the improvements as a material and labor security to guarantee payment to the subdivider's contractors, and to persons furnishing labor, materials or equipment for the construction or installation of improvements.
3. 
Upon acceptance of subdivision improvements by the city, 10% of the total estimated cost of the improvements shall be furnished as a warranty security to guarantee the improvements against any defective work or labor done, or defective materials used, in the performance of the improvements, for the warranty period of one year following completion and acceptance of the improvements.
D. 
The estimate of improvement costs shall be prepared under the direction of and signed by a registered civil engineer licensed by the State of California, and shall be approved by the city engineer. The estimate shall provide for the following:
1. 
Total construction costs, with labor costs calculated using the prevailing wage in the city;
2. 
Ten percent of the total construction cost for contingencies;
3. 
Increases for projected inflation based on total cost, computed to the estimated end of construction;
4. 
All utility installation costs, or a certification, acceptable to the city engineer, from the utility company that adequate security has been deposited to ensure installation;
5. 
Costs and reasonable expenses and fees, including attorney's fees, incurred in enforcing the obligation secured.
E. 
The security shall be released in accordance with the requirements of Section 66499.7 of the Government Code and as described below:
1. 
At such time that the subdivider believes that the obligation to perform the work for which security was required is complete, the subdivider may notify the city engineer in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the city engineer shall have 45 days to review and comment or approve the completion of the required work. If the city engineer does not agree that all work has been completed in accordance with the plans and specifications for the improvements, he or she shall supply a list of all remaining work to be completed.
2. 
Within 45 days of receipt of the list of remaining work from the city engineer, the subdivider may then provide cost estimates for all remaining work for review and approval by the city. Upon receipt of the cost estimates, the city engineer shall then have 45 days to review, comment, and approve, modify, or disapprove those cost estimates. The city engineer is not required to process a partial release more than once between the start of work and completion and acceptance of all work.
3. 
If the city engineer approves the cost estimate for the remaining work and finds that the cost of the remaining work does not exceed 20% of the total original performance security, the city shall release all performance security except for security in an amount up to 200% of the cost estimate of the remaining work and any retention to secure guarantee and warranty of the work.
4. 
Substitute bonds or other security may be used as a replacement for the performance security, subject to the approval of the city attorney. If substitute bonds or another security is used as a replacement for the performance security, the release of the performance security shall not be effective unless and until the city attorney receives and approves that form of replacement security.
5. 
A reduction in the performance security, authorized under this section, is not, and shall not be deemed to be, an acceptance by the city of the completed improvements.
6. 
The subdivider shall complete the works of improvement until all remaining items are accepted by the city engineer.
7. 
Upon the completion of the improvements, the subdivider, or his/her assignees, shall be notified in writing by the public entity within 45 days.
8. 
Any remaining performance security shall be released within 60 days of the issuance of the written statement of completion.
9. 
The warranty security shall be released to the subdivider one year after completion of the work, provided that a final inspection indicates that the work is acceptable to the city engineer.
(Ord. 1749 § 3)