Article 11 GENERAL REGULATIONS

Maps of condominium or community apartment projects. A map of a condominium project, a community apartment project, or of the conversion of five or more existing dwelling units into a stock cooperative project need not show the buildings or the manner in which the buildings or the airspace above the property shown on the map are to be divided, nor will the City refuse approval of a Parcel, Tentative, or Final Map of such a project on account of design or location of buildings on the property shown on the map. However, the City may regulate the design and location of a condominium project or a community apartment project through the provisions of its General Plan, Development Code, or other provisions of the Yucaipa Code. The City may refuse approval of such a project if the design and locations of buildings violate provisions of the City General Plan, Development Code or other provisions of the Yucaipa Code.

(b)

Filing maps with County Recorder. Of the maps required by this Division and the Subdivision Map Act, only Final and Parcel Maps may be filed for record in the Office of the County Recorder.

No Final Map required by this Article and the Subdivision Map Act which creates a subdivision shall be filed with the City without the written consent of all parties having any record title interest in the real property proposed to be subdivided, except as otherwise provided in this division.

No Parcel Map required by this Division and the Subdivision Map Act which creates a subdivision shall be filed with the City without the consent of the legal owner of record in the real property proposed to be subdivided, except as otherwise provided in this division.

§ 83.0401105 Map procedures.

The procedures set forth in this section shall govern the filing, processing, approval, conditional approval, or disapproval of Tentative, Final, and Parcel Maps, and the modification thereof, in addition to the requirements in previous provisions.

Extension of time limits. The time limits specified in this division for reporting and acting on maps may be extended by mutual consent of the subdivider and the Planning Agency or the City Council for a time not to exceed the time limits specified in this Code.

Fees for processing. Fees for the processing of Tentative, Vesting Tentative, Minor subdivision plot plan, Final, and Parcel Maps, lot line adjustments, lot mergers, Reversion to Acreage, Certificates of Subdivision Compliance and Official Maps, and for other procedures required or authorized by this Division shall be established in the City Schedule of Fees.

The Community Development Director may grant approval for the creation of two, three, or four lots and a remainder parcel as shown on an approved Tentative Subdivision Map for the purpose of obtaining building permits for model homes or units. As a condition of this approval, a Parcel Map may be required. Prior to the issuance of building permits for said model homes, a surety bond or cash deposit shall be posted with the Community Development Department for the street improvements abutting said lots as required for the approved tentative subdivision.

Filing maps with County Recorder. After the approval by the City of a Final or Parcel Map of a subdivision within the unincorporated territory, the map shall be transmitted ultimately to the County Recorder.

Certificate of taxes for Final Maps or Parcel Maps by the City Clerk. When the subdivider files with the City Clerk a certificate prepared by the appropriate state or local official giving his or her estimate of those taxes or assessments, and when all security required under the provisions of this section to secure the payment of taxes and assessments which are a lien on a subdivision but which are not due and payable, have been deposited with and approved by the City, the City Clerk shall ratify that such deposits have been made and shall transmit the Final Map to the County Recorder.

Evidence of record title interest. The subdivider shall present to the County Recorder evidence that, at the time of filing the map in the Office of the County Recorder, the parties consenting to such filing are all of the parties having a record title interest in the case of a Final Map and legal owner of record in the case of a Parcel Map, in the real property being subdivided as shown by the records in the Office of the County Recorder, whose signatures are required by this division, otherwise the map shall not be filed.

Action by County Recorder. The County Recorder shall have not more than 10 days within which to examine a Final or Parcel Map, and either accept or reject it for filing.

(I)

If the County Recorder accepts the map, such acceptance shall be certified on the face thereof. The map shall be securely fastened in a book of subdivision maps, in a book of Parcel Maps, or in such other manner as will assure that such maps will be kept together. The map shall become a part of the official records of the County Recorder upon its acceptance by the Recorder for filing. The fee for filing and indexing such map is as prescribed in Section 27372 of the California Government Code.

(II)

The original map shall be stored for safekeeping in a reproducible condition. The County Recorder may maintain for public reference a set of counter maps that are prints of the original maps and produce the original maps for comparison upon demand.

(III)

This section shall not prevent filing in the Office of the County Recorder of a Final or Parcel Map of a subdivision for which a Final or Parcel Map is not required, provided such map meets the requirements of this division and any local ordinance.

(IV)

The filing for record of a Final or Parcel Map by the County Recorder shall automatically and finally determine the validity of such map and when recorded shall impart constructive notice thereof.

Correction and amendment to Maps. The purpose of this subsection is to provide a means to correct errors which may be found in Final or Parcel Maps.

Amendment to a Final or Parcel Map. After a Final Map or Parcel Map is filed in the Office of the County Recorder, it may be amended by a certificate of correction or an amending map in the following circumstances.

(I)

To correct an error in any course or distance shown thereon.

(II)

To show any course or distance that was omitted therefrom.

(III)

To correct an error in the description of the real property shown on the map.

(IV)

To indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor charged with the responsibilities for setting monuments.

(V)

To show the proper location or character of any monument which has been changed in location or character or originally was shown at the wrong location or incorrectly as to its character.

(VI)

To correct any other type of map error or omission as approved by the City Engineer which does not affect any property right; such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent record maps.

Preparation of amending Map. The amending map or Certificate of Correction shall be prepared by a registered Civil Engineer licensed to practice land surveying or a licensed Land Surveyor. An amending map shall conform to the requirements of the Article governing Final Map form and content, if a Final Map, or the Article governing Parcel Map form and content, if a Parcel Map. The amending map or Certificate of Correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction or omission.

Map amendment examined by City Engineer. The City Engineer shall examine the amending map or Certificate of Correction, and if the only changes made are those set forth in this subsection, the City Engineer shall certify to this fact on the amending map or Certificate of Correction.

Filing of map amendment with County Recorder. The amending map or Certificate of Correction certified by the City Engineer shall be filed in the Office of the County Recorder in which the original map was filed. Upon such filing, the County Recorder shall index the names of the fee owners and the appropriate tract designation shown on the amending map or Certificate of Correction in the general index and map index respectively. Thereupon, the original map shall be deemed to have been conclusively so corrected, and thereafter shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map.

Upon recordation of an amending map or Certificate of Correction, the County Recorder shall within 60 days of recording transmit a certified copy to the City Engineer who shall maintain an index of recorded Certificates of Correction. The amending map shall contain a Certificate of Preparation that is signed by the registered civil engineer licensed to practice land surveying or the licensed land surveyor who prepared the map and a prominently displayed note on the map which briefly lists the changes to the satisfaction of the City Engineer.

(6)

Further modifications of Final Maps. In addition to the amendments authorized by Section 83.041105(a)(5), after a Final Map or Parcel Map is filed in the Office of the County Recorder, such a recorded Final Map may be modified by a Certificate of Correction or an amending map if the City Council makes each of the following findings.

That there are changes in circumstances which make one or all of the conditions of such a map no longer appropriate or necessary.

That the modifications do not impose any additional burden on the present fee owner of the property.

That the present fee owner of the property has consented in writing to the modifications.

That the modifications do not alter any right, title, or interest in the real property reflected on the recorded map.

That the map, as modified, conforms with each of the findings required for map approval.

Any such modification shall be set for public hearing. The City Council shall confine the hearing to consideration of and action on the proposed modification. These map amendments shall also be subject to the preparation, review, and recordation requirements of Section 83.041105(a)(5) where applicable.

§ 83.0401115 General requirements.

The procedures set forth in this section shall govern the requirements for Soils Report, Special Map Requirement, Environmental Review, Dedications, Monument, and Improvement requirements.

Soils Report requirement. The requirements set forth in this subsection shall apply to the Soils Report.

A preliminary soils report may be required as part of the Tentative Map approval, providing the City Planner makes a finding, based upon existing knowledge of soil qualities, that a preliminary analysis is necessary. Said findings shall be based upon evidence, information, and recommendations of the Development Review Committee or Development Review Committee member acting within the departmental area of expertise.

If the City has knowledge of, or the preliminary Soils Report indicates, the present of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required. Such soils investigation shall be done by a Civil Engineer registered in this State who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soil problems exist.

If the Planning Agency has knowledge of areas of districts which are characterized by such expansive soils or other soils problems, upon the recommendation of the Community Development Director, Development Review Committee, or Environmental Review Committee, the Planning Agency may require that a soils investigation be prepared for each lot of any subdivision proposed within said areas or districts.

The Planning Agency may approve the subdivision or portion thereof where such soils problems exist if it determines that the Development Review Committee’s recommended action is likely to prevent structural damage to each structure to be constructed. As a condition for the issuance of any building permit, it shall be required that the approved recommended action be incorporated in the construction of each structure.

Each report shall be kept on file at the Office of Building and Safety for public inspection. The location of these reports shall be referenced on the Composite Development Plan.

(b)

Special Map requirement. Prior to Tentative or Parcel Map approval, the City Planner may require that the following information be reflected on the Tentative Map or minor subdivision plot plan.

Submittal of a map showing any or all existing easements and locations of rock outcrops, high groundwater, and spring discharge.

Delineation of the portions of lots allocated for the subsurface disposal of sewage effluent.

The approximate size of irregularly shaped lots where it is deemed necessary in order to accomplish the objectives of this Article and of the General Plan.

A plan may be required where watercourses, significant drainage channels, or bodies of water traverse or adjoin a lot, showing how sewage disposal systems will be installed and maintained.

Lines depicting the required setbacks from such watercourses, drainage channels, or bodies of water shall be indicated on a copy of the Tentative Map. Said map shall be reviewed by the Development Review Committee, and recommendations shall be forwarded to the Planning Agency. When subsurface waste-disposal systems are proposed, a preliminary soils report shall be provided by the subdivider which shall ascertain the acceptability of subsurface sewage-disposal systems where such will be the method for waste disposal.

This information shall be incorporated into the Composite Development Plan to be filed with the Office of Building and Safety. The location of any special maps shall be referenced on the Composite Development Plan.

(c)

Dedications.

Streets, highways, and flood control rights-of-way. As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for the following.

Streets.

Alleys.

Access rights and abutters’ rights.

Drainage easement.

Public utility easements.

(F)

Other public easements.

In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abutters’ rights, drainage, public utility easements, and other public easements. The subdivider may also be required to dedicate such additional land as may be necessary and feasible to provide bicycle paths for the use and safety of residents of the subdivision.

Drainage rights-of-way. When, in the opinion of the Planning Agency, drainage rights-of-way are necessary, the subdivider shall offer to dedicate upon the Final Map of the subdivision the necessary rights-of-way for such drainage facilities.

Flood control dedication. Where dedication is offered for Flood Control District rights-of-way, such rights-of-way shall be shown as lots lettered alphabetically on the Final Map. Such offer of dedication shall be made by an appropriate certificate on the title sheet of the Final Map, and, in addition, an executed deed conveying fee title to said right-of-way to the Flood Control District shall be delivered to said District.

Certification of Board action. At the time the City Council approves a Final Map, it shall also accept, subject to improvement, or reject any offer of dedication. The City Clerk shall certify on the map the action of the City Council.

Resolution of acceptance. The City Clerk shall cause a resolution of acceptance of dedications by the City Council to be filed with the County Recorder.

(6)

If at the time the Final Map is approved, any streets, paths, alleys, public utility easements, or rights-of-way for local transit facilities such as bus turnouts, benches, shelters, landing pads, and similar items, which directly benefit the residents of a subdivision, or storm drainage easements are rejected, subject to Section 771.010 of the California Code of Civil Procedure, the offer of dedication shall remain open and the City Council may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys, rights-of-way for local transit facilities such as bus turnouts, benches, shelters, landing pads, and similar items, which directly benefit the residents of a subdivision, or storm drainage easements for public use. Such acceptance shall be recorded in the Office of the County Recorder.

(d)

Monuments. The provisions of this subsection shall govern the placement of monuments for a subdivision.

Boundary monuments. At the time of making the survey for the Parcel Map or the Final Map, the engineer or surveyor shall set sufficient durable monuments to conform with the County Surveyor’s standards and standards described in Section 8771 of the California Business and Professions Code so that another engineer or surveyor may readily retrace the survey. The Parcel Map or the Final Map shall show said monuments found or set at or near each boundary corner and at intermediate points approximately 1,000 feet apart or at such lesser distances as may be made necessary by topography or contour to insure accuracy in reestablishment of any point or line without unreasonable difficulty. The precise position and character of each monument shall be shown on the Final Map, together with the relative heights of the top of each such monument with respect to the surface of the ground.

Deferment, Final Map, or Parcel Map monuments. Interior monuments need not be set at the time the Final Map is filed if the engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date. All monuments so deferred and the furnishing of notes thereon as required in County Surveyor’s standards, shall be agreed to be set and furnished by the subdivider. Such agreement shall be included and guaranteed in the “agreement in lieu of improvements” as provided by this division and accompanied by a cash deposit.

Monument inspection. All monuments shall be subject to inspection and approval by the County Surveyor.

Centerline monuments. Durable monuments as described in County Surveyor’s standards shall be set.

(e)

Improvement plans.

Submission of improvement plans. All improvement plans shall be submitted to the appropriate City agency or department, checked, and approved prior to presentation of the Final Map to the City Council for acceptance.

Preparation of plans and specifications. All plans and specifications in connection with improvements shall be prepared by or under the supervision of a registered professional engineer.

Street and drainage plans and profiles. Plans, profiles, and specifications of proposed street and drainage improvements shall be submitted to the Public Works Department, checked, and approved prior to presentation of the Final Map to the City Council for acceptance. These plans and profiles shall show full details of the proposed improvements which shall be according to the standards of the City of Yucaipa.

Water systems plans. Plans, specifications, and all necessary details of the proposed water system to be installed shall be submitted to the entity providing service for review, provided that the supplier has certified that it is willing and able to supply water upon request.

§ 83.0401120 Subdivision Design and Improvement Standards.

Sanitary sewer plans. Plans, profiles, specifications, and all necessary details of the sanitary sewers to be installed shall be submitted to the utility providing service for review, provided, however, that prior to submitting such plans, they shall have been approved by the governmental jurisdiction by which the subdivision is to be served, or if a private sewage disposal company is to service the tract, the plans shall have been approved by the City Engineer.

The Design and Improvement Standards found in this section shall be considered as requirements for map approval.

Land-use standards.

The land-use standards in this subsection shall be applied as requirements for map approval.

The minimum areas and dimensions of lots shall be as required for the particular land use district classification in which the property is classified by the Yucaipa Development Code, provided, however, that the following conditions have been met.

Lot or parcel side lines shall be approximately normal to street lines.

Each lot or parcel on a dead-end street where the side lines thereof are converging from front to the rear of such lot or parcel shall have an average width of not less than 60 feet, or that width required by the Development Code, whichever is greater, measured along the front building setback line.

Each lot or parcel on a curved street where the side lines thereof are converging from the front to the rear of such lot or parcel shall have an average width of not less than 60 feet, or that width required by the Development Code, whichever is greater.

Double frontage lots shall be discouraged, except where essential to provide separation of residential developments from major or secondary highways or due to topographical conditions. When double frontage lots are permitted, vehicular access rights shall be dedicated to the City along the street designated by the Planning Agency.

The Planning Agency may require lots larger than the above minimum sizes specified in multiple-residential, commercial and industrial subdivisions. When lots or parcels twice or more the required area or width are shown as part of a subdivision of land, the Planning Agency may require such lots or parcels to be so established as to make practical a further division into allowable building sites, without injury to adjoining property.

(6)

In hilly or mountainous lands, the Planning Agency may require lots larger than required minimums. Larger lots shall be required if it is deemed necessary in order to conform to the Land Use Element of the City’s General Plan.

(7)

Modification of the Lot Design Standards may be allowed under the following circumstances.

Pursuant to the Lot Area Regulations of Division 7, Chapter 4, of this Code.

Pursuant to the Planned Development Regulations of Division 8, Chapter 5, of this Code.

(8)

This subsection does not apply to any lot or parcel which the subdivider offers to dedicate to the City or any public agency or district.

(9)

When a land use district classification line divides a lot or parcel, the area and frontage requirements for such lot or parcel shall be those of the land use district that requires the greater or most restrictive standards between the two districts involved. For example, if the line between a Neighborhood Commercial (CN) District and a Single Residential (RS) District divides a parcel, the applicable area and frontage requirements would be those for the CN, as they are greater than those for the RS District.

(b)

Circulation standard. The circulation standards in this subsection shall be applied as requirements for map approval.

If the general plan designates a general location of a proposed highway and any portion thereof may be wholly or partially within any proposed subdivision or may be affected by a proposed subdivision prior to the approval of the proposed subdivision, a specific alignment plan shall be prepared and adopted. Each such roadway shall conform in width and alignment with that shown or indicated on the general or specific plan or any standards adopted pursuant thereto. As a condition of approval of said subdivision, the subdivider shall be required to make dedications and construct such reasonable improvements as required by the specific alignment plan. Such requirements may be waived by the planning agency upon recommendation of the Public Works Department, if the proposed highway is located upon a section line or its precise alignment can be otherwise determined.

The following provisions shall apply as standards governing circulation design and shall be required for map approval.

The circulation design of all subdivisions shall be compatible and coordinate with the city’s general plan and the existing street and land use pattern in the surrounding area.

Any part-width highway lying along and adjacent to any boundary of a subdivision shall have such a part-width and alignment as will conform to the route lines shown on the Master Plan of Highways covering the same portion of such subdivision.

Each street intended to be extended into adjoining property shall be terminated by a one foot parcel of land extending across the end of the street and, in the case of a part-width street, a one foot parcel of land shall extend along the entire side of the street. Said parcels shall be designated alphabetically as a lot, labeled as a future street, and offered for dedication by appropriate certificate on the final or parcel map. The offer of dedication of said future street shall include a restriction against the use of the same for access purposes until such time as it is accepted as a public street. Where it is determined by the planning agency that to protect the public health, safety, and general welfare, it is necessary to extend a street beyond the boundaries of the subdivision for adequate traffic needs, the subdivider shall provide separate deeds for the necessary easements or rights-of-way to accommodate such traffic facilities. Such rights-of-way shall be improved in accordance with city standards or as required by the planning agency.

Cul-de-sacs shall not exceed 600 feet in length, except as provided below, and shall terminate with a turn-around as specified in the adopted city road standards. The planning agency may approved a cul-de-sac which exceeds 600 feet if the planning agency finds that said cul-de-sac will not be injurious to the public health, safety and welfare.

Road grades shall not exceed 12% unless it can be demonstrated that in order to accomplish the objectives of the General Plan a road grade in excess of 12% is necessary. In such circumstances, the Planning Agency may approve a road grade not to exceed 14% grade for a distance not to exceed 500 feet if a finding is made, based upon the recommendations of the City Engineer and the County Fire Warden, that said roadway will not create an unacceptable hazardous risk to the public health, safety, or welfare.

(F)

Access to a Subdivision. The subdivision and each phase thereof shall have two points of vehicular ingress and egress from existing and surrounding streets, one of which may be emergency only. Where providing such access is physically impossible or a cul-de-sac is proposed, this requirement may be waived or modified.

(c)

Public services and facilities. The public services and facilities standards in this subsection shall be applied as requirements for map approval.

These standards shall regulate the placement of utilities within the subdivision.

Utility lines, including, but not limited to, electric, telephone, communications, street lighting, and cable television, within or directly serving each subdivision, and/or overhead distribution lines on the perimeter of all subdivisions where such undergrounding would result in the removal of four (4) or more utility poles on the same street, shall be placed underground. In addition, an infill project, which for purposes of this section consists of a site no more than 15 acres, completely surrounded by existing development with lot sizes that, on average, are close to the minimum lot size that is permitted within the subject land use district, and where poles along the surrounding frontage have not been undergrounded, is exempt from underground utility requirements for existing poles along the frontage. The subdivider is responsible for complying with the requirements of this subsection without expense to the City, and he or she shall make all necessary arrangements with the utility company for the installation of such facilities. Appurtenances and associated equipment such as boxes and meter cabinets and concealed ducts in an underground system may be placed above ground. Waiver of the requirements for underground utilities shall be made through the Public Utilities Commission. Aerial route still in existence at the time the subdivision is completed may be reinforced from time to time as conditions dictate; however, all provisions of this subsection shall be subject to the requirements of any underground district created pursuant to Yucaipa Municipal Code Chapter 13.08 in existence prior to the subdivision of the land or created subsequent thereto.

Overhead utility lines, where permitted, shall be located at the rear of lots or parcels where practical, and along the sides of lots or parcels where necessary.

If a local cable television system is available to serve the project, any subdivision for which a tentative map is required shall be designed to provide the appropriate cable television system an opportunity to construct, install, and maintain on land as reserved for cable television service or by separate instrument, any equipment necessary to extend cable television services to each residential parcel in the subdivision. “Appropriate cable television systems,” as used in this subsection, means those franchised or licensed to serve the geographical area in which the subdivision is located.

This subsection shall not apply to the conversion of existing dwelling units to condominiums, community apartments, or stock cooperatives.

Whenever the City imposes as a condition of its approval of a tentative map or a parcel map a requirement that necessitates replacing, undergrounding, or permanently or temporarily relocating existing facilities of a telephone corporation or cable television system, common carrier or other public utility, the developer or subdivider shall reimburse the appropriate facility provider for all costs for the replacement, undergrounding, or relocation. All these costs shall be billed after they are incurred, and shall include a credit for any required advance payments and for the salvage value of any facilities replaced. Under no circumstances shall the telephone corporation or cable television system be reimbursed for costs incurred in excess of the cost to replace the facilities with substantially similar facilities.

Public services and facilities fees. The fee requirements of Division 1 of this code shall be imposed as conditions of all map approvals, including parcel maps.

(d)

The standards herein shall be related to public safety.

The standards herein shall govern drainage works.

When a subdivision lies in the path of existing watercourses or overflows therefrom or natural drainage from upstream properties, it shall not be approved unless adequate dedicated rights-of-way or improvements are provided in a manner satisfactory to the planning agency.

When, in the opinion of the planning agency, a subdivision may cause an unnatural increase or concentration of surface waters onto downstream property, said subdivision shall not be approved by the planning agency unless drainage outlets are provided which will be adequate to render the city of Yucaipa and the County Flood Control District harmless from any damages caused therefrom.

The location, type, and size of watercourses or drainage works, and all drainage of streets and other drainage works between streets, shall be in accordance with city standards or as required by the planning agency.

When, in the opinion of the Planning Agency, drainage rights-of-way are necessary, the subdivider shall offer to dedicate upon the final map of the subdivision the necessary rights-of-way for such drainage facilities.

Where dedication is offered or granted for Flood Control District rights-of-way, such rights-of-way shall be shown as lots lettered alphabetically on the final map. Such offer of dedication or grant shall be made by an appropriate statement on the title sheet of the final map.

The standards contained herein related to fire protection measures shall be considered as requirements for map approval.

Subdivision design shall provide for safe and ready access for fire and other emergency equipment and for routes of escape to safely handle evacuations.

The subdivision shall be served by water supplies for community fire protection in accordance with the standards set by the appropriate fire authority.

In hazardous fire areas, all flammable or combustible vegetation shall be removed from around all structures, in accordance with the requirements of the Uniform Fire Code. Where erosion is probable, the slopes shall be planted with fire-resistive ground cover.

The standards contained herein related to sewage disposal systems shall be considered as requirements for map approval.

Subsurface sewage disposal systems shall be located as far as practical from a perennial or intermittent stream pursuant to San Bernardino County Code, Division 3, Article 5, Sections 33.055 and 33.056, and the requirements of the Department of Environmental Health Services and the Regional Water Quality Control Board.

When a soils or a geologic hazards report for a subdivision is prepared (either at the developer’s volition or as a requirement of any governmental agency), it shall include findings and recommendations concerning probable adverse effects of such hazards to the integrity of water supply and sewage disposal facilities and structures.

(e)

Environmental and public health. Lands to be subdivided for residential, park, playground, or land recreation purposes may be subject to environmental quality standards as established by ordinances and regulations of the different departments and agencies within the City.

(f)

Common area funding and maintenance. All subdivision projects shall include provisions for the ongoing funding and maintenance of common area features. Any new subdivision that consists of more than 50 units, or any Tract Map that is associated within a larger planned development or specific plan project, shall include a Homeowner's Association to manage and fund such areas.

(Ord. 186 § 13, 1998; Ord. 253 § 4, 2006; Ord. 389 § 3, 2020; Ord. 465 § 16, 2025)

§ 83.0401125 Improvement security.

The necessity for improvement security and the related requirements shall be governed by the following regulations.

Requirement for improvement security. If all required improvements, engineering, and inspection are not satisfactorily completed before the final map is approved, the owner or owners of the subdivision shall, prior to the approval of the final map, enter as contractor into an agreement with the city council whereby in consideration of the acceptance by the city council of the streets, easements, and any other land offered for dedication, the contractor agrees to furnish the equipment, labor, and material necessary to complete the work within the time specified in the agreement.

Amount of improvement security required. To assure the city that the work will be completed, improvement security shall be furnished to guarantee the performance of any act or agreement in the following amounts for the following purposes.

An amount, not less than 100% of the total estimated cost of the improvement or of the act to be performed, conditioned upon the faithful performance of the act or agreement.

An additional amount, not less than 50% nor more than 100% of the total estimated cost of the improvement or the performance of the required act, securing payment to the contractor, to the subcontractors, and to persons furnishing labor, materials, or equipment to them for the improvement or the performance of the required act.

Whenever an entity required to furnish security in accordance with this section is a California nonprofit corporation, funded by the United States of America or one of its agencies, or funded by this state or one of its agencies, the entity shall not be required to comply with Subsections 83.041125 (a)(1)(A) and (B), if the following conditions are met.

(I)

The contractor installing the improvements has bonded to the nonprofit corporation and the city as co-obligee the amount of 100% of the contract for the faithful performance of the work, and has further bonded to the nonprofit corporation and the city as co-obligee an amount of not less than 50% of the contract for the payment of labor and materials, and those bonds comply with the provisions of this article.

(II)

All moneys payable to the contractor by the nonprofit corporation are deposited in a depository complying with the provisions of the Subdivision Map Act and out of which moneys progress payments are conditioned upon the following:

(i)

The contractor’s certification to the nonprofit corporation that all labor performed in the work, and all materials furnished to and installed in the work, have been paid for in full to the date of the certification.

(ii)

The written approval of the nonprofit corporation.

(iii)

Final payment to the contractor not being made until 60 days shall have expired after the filing and recording of the notice of completion of the work and acceptance of the work by the city in writing.

(III)

All certifications as to progress payments shall be delivered through the United States mail to the nonprofit corporation. The term “progress payments” means payments made in compliance with the schedule of partial payments agreed upon in the contract for the work. No less than 10% of the total contract price shall be retained for the 60 days following the filing of the notice of completion.

An amount as determined by the City Engineer, but not more than 25% of the total estimated cost of improvements or performance of the required act necessary for the guarantee and warranty of the improvement for a period of one year following the completion and acceptance thereof, against any defective work or labor done, or defective materials furnished.

As part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees incurred by the City in successfully enforcing the obligation secured.

Type of security required.

The furnishing of security in connection with the performance of any act or agreement shall be one of the following, at the option of and subject to the approval of the City Council.

Bond or bonds by one or more duly authorized corporate sureties.

A deposit, either with the City, a responsible bank or trust company, at the option of the City, of money or negotiable bonds of the kind approved for securing deposits of public monies.

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 act or agreement are on deposit and guaranteed for payment, or a letter of credit issued by such a financial institution.

Bonds to secure faithful performance and for the benefit of laborers and material of any agreement shall be in substantially the forms as shown in the Subdivision Map Act.

Such money, negotiable bond, or instrument of credit shall be a trust fund to guarantee performance and shall not be subject to enforcement of a money judgment by any creditors of the depositor until the obligation secured thereby is performed to the satisfaction of the City.

Forfeiture on failure to complete. Upon the failure of a subdivider to complete any improvements and work within two years from the date the agreement is executed, the City Council may, upon notice in writing served by registered mail addressed to the last known address of the person, firm, or corporation signing such contract, determine that said improvement work or any part thereof is uncompleted and may cause to be forfeited to the City or Flood Control District, such sum of money or bonds given for the faithful performance of said work as may be necessary to complete such work.

Exoneration of improvement security. With the exception of flood control or drainage works inspected by the Flood Control Engineer, it shall be the duty of the City Engineer to inspect or receive certificates of completion of all improvements installed as to their compliance with this Article and City standards. The security furnished by the subdivider shall be released in the following manner.

Security given for faithful performance of any act or agreement shall be released upon the performance of the act or final completion and acceptance of the required work.

Security securing the payment to the contractor, subcontractors, and to persons furnishing labor, materials, or equipment shall, after passage of the time within which claims of lien are required to be recorded pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division 3 of the California Civil Code and other acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the City Council, and if no such claims have been recorded, the security shall be released in full.

Such release shall not apply to any required guarantee and warranty period, nor to the amount of the security deemed necessary by the City for such guarantee and warranty period, nor to cost and reasonable expenses and fees, including reasonable attorney’s fees.

Maintenance security necessary for guarantee and warranty of the work for a period of one year following completion and acceptance thereof against any defective work or labor completed, or defective materials furnished shall be released should no claims of such defective work be filed with the City Council. In the event of such defective work, the security shall be held until all work is considered satisfactory and acceptable by the City.