Before a final or parcel map is approved by the authorized agency
or by operation of law, it shall be required:
A.
That
the subdivider grade and improve or agree to grade and improve all
land dedicated or to be dedicated for streets or easements, bicycle
routes, and all private streets and private easements laid out on
a final map or parcel map in such manner and with such improvements
as are necessary for the use of the lot owners in the subdivision
and local neighborhood traffic and drainage needs, and in accordance
with the City standards.
B.
That
the subdivider install or agree to install all drainage and flood
control structures and facilities required by the City Engineer, which
drainage and flood control structures and facilities shall conform
to the City standards and the general plan.
C.
That
the subdivider install or agree to install fire hydrants and connections
of a type and location approved by the Fire Chief and City Engineer.
D.
That
the subdivider provide all necessary easements and rights-of-way to
accommodate all streets, drainage and flood control structures and
facilities, sewer systems, water systems, cable television and all
other required utilities extending beyond the boundaries of the subdivision.
E.
That
the subdivider shall provide that the subdivision be connected to
a domestic water system approved by the City and all water system
facilities shall be subject to the requirements of the water company
or agency serving the subdivision. That the subdivider shall install
or agree to install all required water systems necessary to serve
the subdivision including fire hydrants and connections as may be
required, and that all water lines, appurtenances and service connections
have been constructed or laid prior to paving or provisions have been
made to insure the construction.
F.
That,
where a sewer facility is constructed or laid within a street or road,
the subdivider has installed or agreed to install sewer facilities
of a type, size and location approved by the City Engineer to the
property line of each lot within the subdivision and that all sanitary
sewer lines, appurtenances and service connections have been constructed
or laid prior to paving or provisions have been made to insure the
construction; and that all sewer system facilities and construction
standards shall be subject to the requirements of the agency providing
service to the subdivision.
G.
All
new and existing utility facilities, including, but not limited to,
power, telephone and cable television conduit and lines within the
boundaries of any new subdivision and within any half street abutting
a new subdivision, shall be placed underground. The subdivider is
responsible for complying with the requirements of this subsection,
and shall make the necessary arrangement with each of the serving
utilities, including franchised cable television operators, for the
installation of such facilities. Transformers, terminal boxes, meter
cabinets, pedestals, concealed ducts and other facilities necessarily
appurtenant to such underground utilities and street lighting systems
may be placed above ground subject to the subdivider's obtaining a
design review permit unless such installation is otherwise exempt
from a design review permit pursuant to the Public Utility Commission's
regulations. The provisions of this subsection shall not apply to
the installation and maintenance or overhead electric transmission
lines in excess of 34,500 volts and long distance and trunk communication
facilities. This installation of cable television lines may be waived
when, in the opinion of the City Council, no franchised cable operator
is found to be willing and able to install cable television lines
in the subdivision. Notwithstanding any such waiver, the installation
of cable television conduit is required.
H.
That
the subdivider shall construct or shall cause to be constructed at
the cost to the subdivider a street lighting system conforming to
the City standards.
I.
Where
the City has adopted a flood control element or drainage element of
the general plan, all improvements shall conform to such element.
J.
That
the subdivider comply or agree to comply with all the conditions of
approval contained in the resolution approving the tentative or tentative
parcel map and not otherwise provided for by this chapter.
K.
That
all required improvements conform to City standards.
(Ord. 87-10; Ord. 92-39; Ord. 2017-03)
A.
The
City Council may require that 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,
and that such improvements be dedicated to the public.
B.
If improvements are required under Section 24.16.020A, the City Council shall enter into a reimbursement agreement with the subdivider in accordance with Section 66484 of the Act.
C.
In
order to pay the costs as required by the reimbursement agreement,
the City Council may proceed in accordance with Section 66487 of the
Act.
(Ord. 87-10)
Whenever a proposed subdivision is for four or fewer lots or
units, required improvements shall be limited in accordance with Section
66411.1 of the Act.
(Ord. 87-10; Ord. 92-39)
A.
Prior
to filing the final map or parcel map, all improvement plans shall
be subject to plan review by the City Engineer and other appropriate
departments and agencies.
B.
Construction
and installation of all improvements shall be subject to inspection
by the City Engineer and other appropriate agencies.
C.
A minimum
of three copies of the improvement plans shall be submitted to the
City Engineer, or as many copies as is deemed necessary by the City
Engineer for plan review and inspection by other appropriate departments.
The costs to the City in examining improvement plans, inspecting improvements
and monuments shall be paid by the subdivider. Upon approval of the
improvement plans by the City Engineer, the originals of the improvement
plans shall remain on file in the City Engineer's office. Additional
copies can be obtained through the engineering division or by a bonded
carrier approved by the City Engineer.
D.
Where
other agencies are involved or will be impacted by the proposed improvements,
the City Engineer shall not approve the improvement plans until written
approvals have been obtained from the other agencies.
E.
Approval
of improvement plans are valid for a period of three years after date
of approval by the City Engineer as shown on the approved plans. Expired
plans must be resubmitted for checking. Plans must conform to City
Standards in effect at the date of submittal, or if expired plans,
at date of resubmittal.
(Ord. 87-10; Ord. 92-39)
When a subdivision is a portion of any unit or units of improved
or unimproved land, the subdivider may designate as a remainder that
portion which is not divided for the purpose of sale, lease, or financing.
The fulfillment of construction requirements for improvements on the
remainder parcel shall be in accordance with Section 66424.6 of the
Act.
(Ord. 87-10)
A.
The City may require a subdivider to enter into one of the types of agreements set forth in Section 24.16.060B as specified by the City:
1.
As
a condition precedent to the approval of the final or parcel map announced
at the time of the approval or conditional approval of the tentative
or tentative parcel map; or
2.
If
at the time of approval of a final or parcel map, any improvement
required by the authorized agency has not been completed and accepted
in accordance with standards established by the City Council at the
time of the approval or conditional approval of the tentative or tentative
parcel map.
B.
The
City may require the subdivider to enter into one of the following
types of agreements as specified by the authorized agency:
C.
The
City entering into any agreement pursuant to this chapter shall require
that performance of such agreement be guaranteed by the security specified
in this chapter and that the agreement be recorded.
(Ord. 87-10)
Whenever a subdivider is required as a condition of a tentative
map to construct or install off-site improvements on property which
neither the subdivider nor the City possesses a sufficient interest
to permit the improvements to be made, the subdivider shall provide
to the City, no later than 60 days prior to filing the final map,
sufficient information, report and data, including but not limited
to an appraisal and title report, to enable the City to commence proceedings
to acquire an interest in the land. The subdivider shall agree to
complete the improvements at such time as the City has sufficient
interest in the property to permit the construction of the improvements.
The subdivider shall bear all costs associated with the acquisition
of the property interests and the estimated costs thereof shall be
secured as provided in this title.
(Ord. 87-10)
The improvement agreement referred to in this chapter shall
be secured, at the election of the City, in accordance with Section
66499 of the Act. The form of security shall be in substantial compliance
with Section 66499.1 and 66499.2 of the Act.
(Ord. 87-10; Ord. 92-39)
The applicant shall provide security guaranteeing proper completion
of the work described and delineated on the permit and approved plans
in an amount of 100% of the approved cost estimate. The security shall
be in the form of one or more of the following at the option of the
City Engineer:
A.
A deposit
of money or negotiable securities of the kind approved for securing
deposits of public monies.
B.
An
instrument of credit from one or more financial institutions subject
to regulation by the state or federal government and pledging that
the funds necessary to carry out the permitted works are on deposit
and guaranteed for payment or a letter of credit issued by such a
financial institution.
C.
A lien
on the permittee's property.
D.
A performance
bond from an approved bonding company. Bonding may be for up to a
maximum of 80% of the total security required by the permit.
(Ord. 87-10; Ord. 93-24)
The required security for public improvements shall be released
in the following manner:
A.
In accordance with Section 66499.7 of the Act, subject to Section 24.16.100B herein.
B.
The
City Engineer may release a portion of the security in conjunction
with the acceptance of the performance of the act or work as it progresses
upon application therefor by the subdivider, provided, however, that
no such release shall be for an amount more than 25% of the total
improvement security given for faithful performance of the act or
work and that the security shall not be reduced to an amount less
than 50% of the total improvement security given for faithful performance
until final completion and acceptance of the act or work. In no event
shall the City Engineer authorize a release of the improvement security
which would reduce such security to an amount below that required
to guarantee the completion of the act or work and any other obligation
imposed by this chapter, the Act or the improvement agreement; nor
shall the City Engineer be obligated to make a partial release of
security.
(Ord. 87-10)
Upon the failure of the subdivider to complete any improvement,
acts or obligations within the time specified, the City Council may,
upon notice in writing of not less than 10 days served upon the person
responsible for the performance thereof, or upon notice in writing
of not less than 20 days served by registered mail addressed to the
last known address of such person, determine that the subdivider is
in default and may cause the improvement security, or such portion
thereof as is necessary to complete the work or act and any other
obligations of the subdivider secured thereby, to be forfeited to
the City.
(Ord. 87-10)
The authorized agency may require the subdivider, as a condition
of approving the map, to enter into an agreement with the City to
construct the improvements in the future, and require the subdivider
to grant the City a lien on the property to be divided securing such
future improvements. The lien granted under authority herein may be
used to secure future improvements in easements, right-of-way or irrevocable
offers of dedication or any other improvements or conditions of the
map. The City Manager or designee is authorized to sign such agreements
on behalf of the City.
(Ord. 87-10)
In connection with a lien contract under this title, the authorized
agency may require that the subdivider execute a covenant not to oppose
the formation of an improvement district. The City Manager or designee
is authorized to sign such covenants on behalf of the City.
(Ord. 87-10)
