Chapter 16.110 DEDICATIONS AND IMPROVEMENTS

If the subdivider of a vesting tentative map is required to construct off-site improvements on land in which neither the subdivider nor the City has sufficient title or interest to allow construction, then the subdivider shall provide written evidence, prior to the application for the vesting tentative map being deemed complete, that all off-site interests in property required for the project have been acquired, unless the City Engineer finds, based on substantial evidence, that the subdivision design incorporates an alternative that would comply with City standards in the absence of the off-site improvement.

If the subdivider is required to construct off-site improvements on land in which neither the subdivider nor the City has sufficient title or interest to allow construction, the subdivider shall provide written evidence that a good faith effort has been made to acquire the title or interest in the land to construct required off-site improvements, in accordance with City standards. If the subdivider, after a good faith effort, is unable to acquire the property, the City shall, within 120 days of filing the final map, acquire by negotiation or commence condemnation of the land, in substantial compliance with the procedures set forth in Government Code Section 7260, or the City shall waive the condition for the off-site construction. Prior to approval of the final map, the City shall require the subdivider to enter into an agreement to complete the off-site improvements at the time that title or an interest in the land is acquired. The subdivider shall pay the cost of acquiring off-site land, or an interest in the land required to construct the off-site improvements, including reasonable attorney's fees and costs, prior to initiation of acquisition proceedings by the City.

(Ord. 1091 § 5, 1996)

§ 16.110.030 Deferred improvements.

Any request for deferred construction of on-site and off-site improvements for tentative or parcel maps shall be approved by the Planning Commission at the time of approval of the tentative map or parcel map waiver. Any improvements which are deferred by the Planning Commission shall be noted on the final or parcel map and a deferred improvement agreement shall be filed with the City Engineer prior to or concurrent with the filing of the parcel map.

§ 16.110.040 Improvement plans and standards.

The City Attorney shall approve the form and content of all deferred improvement agreements.

(Ord. 1091 § 5, 1996)

Standards for design and construction of subdivision improvements shall be pursuant to the applicable City standards, the conditions of approval of the tentative map, and the requirements established by the City Engineer.

Public improvement plans shall be acted on by the City Engineer within the time frame set forth in Government Code Section 66456.2.

Public improvement plans shall be prepared under the direction of a registered civil engineer and shall be reviewed and approved by the City Engineer, if he or she can make the following findings:

The plans are signed and stamped by a registered civil engineer;

The plan designs are consistent with the tentative map, the conditions of approval and applicable City standards, with the exception of minor errors or incompleteness which do not materially affect the design or the plan constructability thereof;

All reports and studies required to evaluate the facility design and the completeness of the plans have been prepared by a registered civil engineer and have been reviewed and approved by the City Engineer;

(4)

All conditions of approval relative to public improvement requirements have been addressed to the satisfaction of the Review Authority and the City Engineer;

(5)

All title and interest has been obtained by the subdivider for off-site property interests;

(6)

All cost estimates have been approved by the City Engineer, and payment of all applicable fees has been received; and

(7)

Approval of designs and plans has been obtained from all other applicable agencies, as required by the City Engineer, including but not limited to: Los Angeles County Department of Public Works, Los Angeles County Fire Department, County of Los Angeles sanitation districts, City of Lancaster Department of Public Works, Palmdale Water District, State of California Transportation Department, State of California Department of Water Resources, and United States Army Corps of Engineers.

All improvement plans shall be prepared pursuant to the City standards in effect at the time the tentative map is deemed complete. However, the City Engineer may modify those City standards under the following conditions:

When necessary to protect public health, safety and welfare;

When needed to comply with State or Federal laws; and

When, in the opinion of the City Engineer, with the consent of the subdivider, a new standard or requirement is needed which will not materially affect the intent of the subdivider or the conditions of approval. This shall include the adoption of other agency standards for use by the City Engineer.

§ 16.110.050 Subdivision improvement agreements and improvement security.

The City Engineer's approval of any public improvement plans, or any grading plans that are required as part of the approval of the final or parcel map, shall expire upon the expiration of any applicable subdivision improvement agreement, or two years from the date the City Engineer approves the plans, whichever is later. Upon expiration of those plans, new approvals from the City Engineer, together with the payment of new plan review fees, shall be required for any portions of the subdivision for which grading and improvements have not been completed.

(Ord. 1091 § 5, 1996; Ord. 1614 § 4 (Exh. I), 2023)

Pursuant to the Subdivision Map Act, if any public improvement required as part of the approval of the subdivision will not be completed and accepted in accordance with PMC § 16.110.060 prior to approval of the final map, then prior to a determination of a complete and timely filing of the final map by the City Engineer, the subdivider, at his expense, shall be required to enter into a subdivision improvement agreement with the City to complete said public improvements in accordance with PMC § 16.110.060. Performance of said agreement shall be guaranteed by the security specified in this section.

Subdivision Improvement Agreements. The form and content shall be approved by the City Attorney. The agreement shall include, but not be limited to, the following minimum terms and conditions:

Construction of all improvements as set forth in the approved plans and specifications;

The maximum period within which all improvements shall be completed to the satisfaction of the City Engineer;

Provisions for inspection of all improvements by the City Engineer and payment of fees by the subdivider for the cost of such inspection and all other incidental costs incurred by the City in enforcing the agreement;

(4)

A provision that, if the subdivider fails to complete the work within the specified period of time, or any extended period of time that may have lawfully been granted to the subdivider, the City may, at its option, complete the required improvement work and the subdivider and his surety shall be firmly bound, under a continuing obligation, for payment of the full cost and expense incurred or expended by the City in completing such work, including interest from the date of notice of said cost and expense until paid;

(5)

A provision that, in the event of litigation occasioned by a default of the owner or subdivider, his successors or assignees, the owner or subdivider, his successors or assignees will pay all costs involved, including reasonable attorney's fees, and that the same may be recovered as part of a lien against the real property; and

(6)

Additional terms or provisions, as may be necessary, pertaining to the forfeiture, collection, and disposition of improvement security upon the failure of the contracting party to comply with the terms and provisions thereof or with the terms and provisions of this title.

Implementation of Subdivision Improvement Agreements. Subdivision improvement agreements shall be valid for a period specified in the agreement, but not to exceed two years from the effective date of the agreement. The agreement shall not bind only the present subdivider, but also his heirs, successors, executors, administrators, and assignees so that the obligation runs with the real property. All agreements shall be executed by all those parties executing the final or parcel map, with all signatures acknowledged before a notary public, and shall be transmitted by the City Clerk to the office of the County Registrar/Recorder concurrently with the final map. Said agreement shall be recorded upon the title of said real property, in the office of the County Registrar/Recorder, at the expense of the subdivider.

Improvement Security. Improvement securities shall be required to be posted as a guarantee of the performance of any act, improvement, or obligation required as a condition of approval of any final map, parcel map waiver, lot line adjustment, or lot merger. Unless otherwise provided herein, all such improvement securities shall be provided in one of the following forms, subject to the approval of the City Engineer and City Attorney:

A bond or bonds by one or more duly authorized corporate sureties substantially in the form prescribed in the Subdivision Map Act and subject to the approval and acceptance of the City Attorney and City Council; or

A deposit with the City of cash, negotiable bonds or a letter of credit; or

Any other form of security, including a lien or other security interests in real property, which the City Engineer and the City Attorney shall determine to be equivalent to the foregoing forms of security.

Any written contract or document creating security interest established pursuant to subsection (C)(3) of this section shall be recorded in the office of the County Registrar/Recorder. From the time of recordation, a lien shall attach to the real property described therein, which lien shall have the priority of a judgment lien in the amounts specified.

Amount of Security. The subdivider shall provide as security to the City:

For performance and guarantee: an amount determined by the City Engineer equal to 120 percent of the total estimated cost of the improvement to be performed, including grading monumentation. The amount of security provides for a 10 percent contingency and a 10 percent increase for projected inflation computed to the estimated mid-point of construction;

For payment: an amount determined by the City Engineer equal to 50 percent of the total estimated cost of the improvement to be performed, excluding grading and monumentation.

§ 16.110.060 Completion of improvements.

Improvement Security Release. Improvement security may be released upon the final completion and acceptance of the act or work by the City Council; provided, however, such release shall not apply to the amount of security deemed necessary by the City Engineer for the guarantee and warranty period, nor to costs and reasonable expense fees, including reasonable attorney's fees, incurred by the City in enforcing any improvement agreement. The subdivider shall not be entitled to any reduction in security until all improvements have been completed to the satisfaction of the City Engineer.

(F)

Forfeiture. In addition to any other remedy provided by law, upon the failure of the subdivider to complete any improvement, act or obligations within the time specified in the improvement agreement, or upon failure of the subdivider to faithfully comply with the terms and provisions of this section or any improvement security given thereby, 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 foregoing have not been complied with or said work has not been completed, and may cause to be forfeited to the City such portion of said improvement security given for the performance of the foregoing.

(Ord. 1091 § 5, 1996)

Public improvements required as a condition of approval shall be completed in accordance with this title, unless they are deferred by the Planning Commission pursuant to PMC § 16.110.030. The City Engineer shall review and approve any improvement agreement, conduct an inspection, and approve any constructed public improvement necessary to satisfy this provision, with the City Council providing final approval of any agreement or acceptance of any completed public improvement.

Once begun, public improvements for a final map, or a parcel map when required, shall be constructed to completion without interruption. The subdivider shall exercise due diligence to ensure that this provision is met to the satisfaction of the City Engineer. Construction and inspection of public improvements shall be governed by City standards and the requirements of any applicable permit.

At such time as the City Engineer determines that any public improvement is complete enough to reasonably allow the release of 90 percent of the applicable securities, said public improvement shall be considered to have entered the warranty period. The warranty period shall be a minimum of one year; however, it may be extended as long as necessary to ensure that the public improvements are suitable for public ownership and maintenance responsibility, as determined by the City Engineer and accepted by the City Council.

Notwithstanding any applicable agreement, the ownership of and responsibility for the construction and maintenance of any public improvement is held by the subdivider and shall remain so until such time as the City Council accepts the completed public improvements.

Upon acceptance of a public improvement, the City Council shall provide a notice of completion for that public improvement, and it shall authorize the City Engineer to release applicable securities for that public improvement. This action shall serve to transfer ownership and maintenance responsibility of the public improvement from the subdivider to the City, and to provide full acceptance of the applicable dedication or easement, which acceptance had been contingent upon completion and acceptance of public improvements within said dedication or easement, subject to the terms of any applicable agreement.

(Ord. 1091 § 5, 1996)

§ 16.110.070 Dedications.

Dedication for Bicycle Paths. Pursuant to Government Code Section 66475.1, the subdivider of any map which contains 200 or more parcels shall dedicate such additional land as may be necessary to construct any bicycle paths, as shown in the City's parks, recreation and trails element or as required by the Planning Commission as a condition of approval of the tentative map, which are within or adjacent to the unit of land to be subdivided.

Dedication of Land or Payment of Fees in Lieu of Dedication for Parks. Dedication of parkland, or payment of fees in lieu of dedication of parkland, will be required pursuant to Chapter 3.34 PMC.

Right-of-Way Dedications and Grants of Easements. Right-of-way dedications and grants of easements required upon a final or parcel map shall either be accepted, accepted subject to improvement, or rejected by the City Engineer on behalf of the City, at the time the final or parcel map is approved. Acceptance of the dedication or easement shall serve to transfer the appropriate interest to the City, subject to the terms of the offer and the acceptance certificate. Rejection of the dedication or easement shall reserve the City's ability to accept all or part of the dedication or easement in accordance with state law. The City Engineer shall determine whether to accept, accept subject to improvement or reject the dedication or easement, pursuant to City standards and the following criteria:

Dedications or easements may be accepted without condition when it is for an arterial street designated on the circulation element map of the general plan, or for a drainage or flood control facility depicted in the master plan of drainage. Dedications or easements may be accepted subject to improvement when applicable public improvements are required as part of the dedications or easements. Dedications or easements which are accepted subject to improvement shall be considered public access and utility easements, without any responsibility or liability to the City, until such time as the improvements are accepted by the City Council as specified in this title.

Dedications or easements may be rejected when no public improvements are required within the dedication or easement, or when the City would be exposed to unnecessary liability by an acceptance, as determined by the City Engineer, in consultation with the City Attorney.

Fee title shall be granted by the subdivider when, in the opinion of the City Council in consultation with the City Engineer, it is necessary to carry out policies and requirements of the general plan and any City ordinance, resolution or standard.