(a) 
General.
(1) 
The subdivider shall construct all required improvements, both on- and off-site, in accordance with the Standard City Engineering Specifications and Drawings, the official tentative map conditions of approval, the General Plan and Municipal Code, any specific plan, and other standards as provided in this title.
(2) 
No final map, or parcel map if improvements are required, shall be presented to the City Council for approval until the subdivider either completes the required improvements, or enters into a subdivision improvement agreement with the City agreeing to do the work, and posts surety to guarantee the work as provided in this chapter.
(3) 
The provisions of this chapter may be imposed as necessary on projects not involving a land division in order to implement the provisions of the General Plan.
(b) 
Completion of Improvements.
(1) 
The subdivision improvements shall be completed by the subdivider within 12 months from the recordation of the final or parcel map, unless an extension is granted by the City Council.
(2) 
If the subdivider fails to complete the improvements within the specified time, the City may, by resolution of the City Council and at its option, cause any or all uncompleted improvements to be completed, and the parties executing the surety or sureties shall be firmly bound for payment of all necessary costs therefor. Nothing in this section is intended to limit the City's other remedies, whether legal or equitable.
(c) 
Extensions.
(1) 
The completion date of the improvements may be extended by the City Council upon written request by the subdivider and the submittal of evidence to justify the extension. The request shall be made not less than 30 calendar days prior to expiration of the subdivision improvement agreement.
(2) 
The subdivider shall enter into a subdivision improvement extension agreement (SIEA) with the City. The SIEA shall be prepared and signed by the City Engineer, approved as to form by the City Attorney, executed by the subdivider and transmitted to the City Council for its consideration. If approved by the City Council, the Mayor shall execute the agreement on behalf of the City.
(3) 
In consideration of a SIEA, the following may be required:
(A) 
Revision of the improvement plans to provide for current design and construction standards when required by the City Engineer;
(B) 
Revised improvement construction estimates to reflect current improvement costs as approved by the City Engineer;
(C) 
Reinstatement and/or increase of improvement securities in accordance with the revised construction estimates;
(D) 
Increase of inspection fees to reflect current construction costs. Such fees shall not, however, be subject to any decrease or refund.
(4) 
The costs incurred by the City in processing the SIEA shall be reasonable, and shall be borne by the subdivider at the actual cost thereof to the City.
(d) 
Parcel Maps and Remainder Parcels.
(1) 
Construction requirements of parcel maps shall not be required until such time as a permit or other grant of approval for development of the parcel is issued by the City, unless construction is required pursuant to one of the following conditions: an agreement between the City and the subdivider; or unless the Planning Commission, or City Council on appeal, requires construction within a reasonable time following approval of the parcel map and prior to issuance of a permit or other grant of approval for development upon a finding that construction is necessary for reasons of public health and safety, or for the orderly development of the surrounding area pursuant to Section 11-1.10 of this title. (Reference: Government Code Section 66411.1(b)).
(2) 
Construction conditions placed on a designated remainder parcel shall not be required until such time as a permit or other grant of approval for development of the remainder parcel is issued by the City, unless construction is required pursuant to one of the following situations: an agreement between the City and the subdivider; or unless the City Council requires construction within a reasonable time following approval of the final map and prior to issuance of a permit or other grant of approval for development upon a finding that construction is necessary for reasons of public health and safety, or for the orderly development of the surrounding area.
(e) 
Commencement of Construction.
Except as otherwise provided in this title, grading of the proposed subdivision and construction of any improvements thereon shall not begin until the City Engineer has approved the improvement plans for the proposed construction. The City Engineer may notify the Chief Building Official that rough grading of the site may begin in accordance with the provisions of the Uniform Building Code if, in the City Engineer's judgment, the improvement plans and final map are nearly ready for approval and recordation, respectively.
(f) 
Standard Improvement Drawings and Specifications.
The Standard City Engineering Specifications and Drawings for public improvements and the latest revision of the state standard specifications, copies of which are on file with the City Engineer, are hereby adopted by reference. All subdivision improvements shall be in accordance with the approved public improvement plans for the subdivision and these standards and specifications and such amendments and additions thereto as may be made from time to time by the City Engineer and the State of California.
(g) 
Processing.
All subdivision improvement agreements and improvement plans shall be processed pursuant to City Manager Memo 79-6, "Parcel or Final Map Procedures after Tentative Map Approval," as it may be amended from time to time.
(Ord. 94-29, eff. 12/15/94)
(a) 
General.
(1) 
The subdivider shall prepare or cause to be prepared all plans and specifications for the improvements required for the proposed subdivision pursuant to this title and the Subdivision Map Act.
(2) 
Improvement plans shall be prepared under the direction of and signed by a civil engineer registered in the State of California.
(3) 
Improvement plans shall include, but not be limited to, all improvements required pursuant to Section 11-8.04 of this chapter.
(b) 
Form.
All improvement plans shall have the following format. The final format of all improvement plans shall be approved by the City Engineer.
(1) 
Plans, profiles, and details shall be legibly drawn, or reproduced by a process which results in a reproducible drawing, on 22 inch by 34 inch sheets. A border shall be made on each sheet providing 1/2 inch at the top, bottom, and right side, and one and one-half (1 1/2) inches on the left side.
(2) 
A City standard title block shall be placed in the lower right corner of the main field of each sheet.
(3) 
Plans and profiles shall be drawn to the scale of one inch equals 40 feet or larger unless otherwise approved by the City Engineer. Details shall be drawn to scale that clearly shows the facility being constructed. The scales for various portions of the plans shall be shown on each sheet.
(4) 
A vicinity map shall be shown on the first sheet of all sets of plans.
(5) 
A north arrow shall be shown on each sheet when applicable.
(6) 
Plans shall be laid out to orient north to the top or right edge of the sheet unless approved otherwise by the City Engineer.
(7) 
The minimum size of all lettering shall be one-eighth (1/8) inch (nominal) and all lettering shall be legible when reduced.
(8) 
If the plans include five or more sheets, a key map showing the sheets and the area covered by each sheet of the plan shall be included on the first sheet of the plans.
(c) 
Content.
The improvement plans shall show complete plans, profiles, and details for all required improvements to be constructed, both public and private, including common areas. Reference may be made to the Standard City Engineering Specifications and Drawings in lieu of duplicating the standard drawings. All standards of agencies other than the City of Santa Maria shall appear on the plans in full and not by reference.
(d) 
Supplementary Plans and Calculations.
All required hydrology reports, hydraulic plans and calculations, and any structural calculations shall be submitted with the improvement plans to the City Engineer. All calculations shall be legible, systematic, in a form approved by the City Engineer, and signed and stamped by a civil engineer registered in the State of California.
(e) 
Cost Estimates.
A preliminary estimate of the cost of the public improvements associated with the proposed subdivision shall be prepared by the subdivider's engineer pursuant to Section 11-8.06 of this chapter, and shall accompany the improvement plans at the time they are submitted to the City Engineer. Cost estimates shall include a separate item for contingencies in the amount of 10% of the estimated actual cost. The estimate submitted by the subdivider's engineer shall be subject to review and approval by the City Engineer. The approved preliminary estimate shall be utilized for the purposes of establishing public improvement plan checking fee. An approved final estimate shall be used to establish construction inspection fees, to reconcile the plan checking fee previously charged (based on the preliminary estimate) with the fees as they would be based upon the more accurate final estimate, and for establishing required amounts of security as required by Section 11-8.06 of this chapter.
(f) 
Review by the City Engineer and Responsible Agencies.
(1) 
The subdivider shall submit the improvement plans and all supporting material to the City Engineer for review by the City and all responsible agencies, such as the Santa Barbara County Flood Control and Water Conservation District, within whose legal jurisdiction the improvements set forth on the plans are proposed to be constructed. Upon completion of the review by all parties, one set of the preliminary plans, with all required revisions indicated, will be returned to the subdivider for corrections.
(2) 
Improvement plans shall be acted on within 60 working days of their submittal, except that at least 15 working days shall be provided for processing any resubmitted improvement plans. The 60 working day period shall not include any days during which the improvement plans have been returned to the applicant for correction, have been subject to review by agencies or entities other than the City of Santa Maria, or following that review, have been returned to the applicant for correction. These time limits may be extended by mutual consent of the subdivider and the City Council. However, the City Council may not require a routine waiver of time limits as a condition of accepting the improvement plans. A routine waiver may be obtained for the purpose of permitting concurrent processing of other requirements related to the improvement plans or map. (Reference: Government Code Section 66456.2).
(g) 
Approval by the City Engineer.
(1) 
After completing any required revisions, the subdivider shall transmit the originals of the improvement plans to the City Engineer for signature. All revisions shall be legibly drawn on the plans; "sticky back" corrections are not allowed.
(2) 
Upon a finding that all required revisions have been made and that the plans conform to all applicable City ordinances and plans, design standards and specifications, and the conditions of official tentative map approval, the City Engineer shall sign and date the plans. The signed original plans shall remain on file in the office of the City Engineer. Copies of the plans may be made by the subdivider for the subdivider's use.
(3) 
Approval of the improvement plans shall not be construed as approval of the gas, electric, telephone, or cable television service construction plans.
(4) 
Approval by the City Engineer shall in no way relieve the subdivider or the subdivider's engineer from responsibility for the design of the improvements and for any deficiencies resulting from the design, or from any required conditions of official tentative map approval.
(h) 
Plan Checking and Inspection Costs.
The actual, reasonable cost incurred by the City for the checking of plans and calculations, and all necessary inspections, shall be paid by the subdivider in accordance with the most current fee schedule adopted by the City Council.
(i) 
Revisions to Approved Plans.
(1) 
By Subdivider. Requests by the subdivider for major revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the City Engineer. The request shall be accompanied by copies of revised drawings that show the proposed revision prepared by the subdivider's engineer who prepared, signed, and stamped the original drawings. If the revision is acceptable to the City Engineer and consistent with the official tentative map, the originals of the revised drawings shall be submitted to the City Engineer for initialing. The originals of the revised and initialed drawings shall remain on file in the office of the City Engineer. Construction of any proposed revision shall not be permitted to begin until the revised plans have been received and approved by the City Engineer.
(2) 
By City Engineer. When revisions to the plans are deemed necessary by the City Engineer to protect the public health and safety, or as field conditions may require, a request in writing shall be made to the subdivider. The subdivider shall revise the plans and transmit the originals to the City Engineer for initialing within the time period specified by the City Engineer.
(3) 
Costs for Revisions. Reasonable costs incurred by the City for the checking of plans or calculations or inspections as a result of revisions to the approved plans shall be borne by the subdivider at actual cost. A deposit, when required, shall be submitted with the revised plans and applied toward the cost.
(j) 
As-Built Plans.
At the time of completion of the public improvements required pursuant to this title, and as a condition precedent to release of the improvement security, the subdivider shall submit or cause to be submitted to the City Engineer one set of prints and the original tracings of improvement plans which have been modified by the civil engineer of record for the subdivision to reflect the improvements as built.
(Ord. 94-29, eff. 12/15/94)
(a) 
Subdivision Improvement Agreements - General.
(1) 
The term subdivision improvement agreement (SIA) shall, for the purposes of this section, be equally applicable to the subdivision of property by means of either a final map, or a parcel map which has associated with it improvement obligations imposed in accordance with Section 11-8.01(d)(1) of this chapter.
(2) 
The SIA shall be drafted by the City Engineer in a form prescribed by the City Attorney.
(3) 
The conditions of official tentative map approval may be explained in the SIA or appended to the SIA. The SIA shall control in case of a discrepancy between the SIA and the conditions of official tentative map approval.
(4) 
The City Council shall review and approve all SIAs.
(b) 
Subdivision Improvement Agreements - Form and Content.
The SIA shall provide for the following items:
(1) 
Construction of all improvements required pursuant to Section 11-8.04 of this chapter, including any required off-site improvements, according to the approved improvement plans and specifications on file with the City Engineer.
(2) 
Completion of improvements within the time period specified in Section 11-8.01 of this chapter.
(3) 
Right of the City to require the private engineer responsible for the subdivision to modify plans and specifications pursuant to Section 11-8.02(i) of this chapter and to require the subdivider to pay for the modifications.
(4) 
Warranty by the subdivider that construction will not adversely affect any portion of the adjacent properties.
(5) 
Payment of plan checking and inspection fees in accordance with the City's adopted fee schedule.
(6) 
Improvement securities as required by Section 11-8.06 of this chapter.
(7) 
Maintenance and repair of any defects or failures and their causes.
(8) 
To the extent allowed by law, release and indemnification of the City from all liability incurred in connection with the subdivision and payment of all reasonable attorney's fees that the City may incur because of any legal action or other proceeding arising from the subdivision.
(9) 
Any other deposits, reimbursements, fees, or conditions as required by City ordinance or resolution and as may be required by the City Engineer.
(10) 
Any other provisions required by the City as reasonably necessary to comply with the purposes and provisions of the Subdivision Map Act and this title.
(Ord. 94-29, eff. 12/15/94)
All improvements required as conditions of official tentative map approval, by the General Plan or Municipal Code, any applicable specific plan, or by City ordinance or resolution, together with, but not limited to, the required improvements set forth below shall be required of all subdivisions unless Section 11-8.01(d) of this chapter applies.
(a) 
Street Improvements.
(1) 
All public streets, highways, and alleys required as part of a subdivision shall be improved to their ultimate adopted City road standards and construction specifications, including street structural section, curbs, gutter, sidewalk, driveway approaches, transitions, and street lights. Part width boundary streets adjacent to a subdivision shall be improved to a minimum width of 1/2 section plus 12 feet, except for designated arterial streets. For arterial streets, the required minimum width shall be to the satisfaction of the City Engineer, but in no case shall the requirement exceed a width of 1/2 section plus 12 feet.
(2) 
Additional right-of-way or easements shall be provided where necessary to accommodate roadway slopes, drainage structures, and other facilities related to subdivision improvements.
(b) 
Drainage Improvements.
All facilities for drainage required for the proposed subdivision, regardless of location, shall be constructed by the subdivider in accordance with the approved public improvement plans and the requirements specified in the City standards and specifications in effect at the time of construction. The storm drain system shall be capable of collecting and retarding runoff generated by a 25 year storm event, unless otherwise required by the City Engineer or the Santa Barbara County Flood Control and Water Conservation District. The overland escape system shall be designed to accommodate a 100 year flood event.
(c) 
Sanitary Sewers.
Each unit or lot within the subdivision shall be served by a sanitary sewer system approved by the City Engineer and connections thereto made from each lot in the subdivision.
(d) 
Water Supply.
Each unit or lot within the proposed subdivision shall be served by an adequate domestic water system as determined by the City Engineer and connections thereto made from each lot in the subdivision.
(e) 
Fire Protection.
As part of the water supply system installed in the proposed subdivision, the subdivider shall install water mains, fire hydrants, valve connections, and other fire protection devices required by state and local codes and deemed necessary by the Fire Chief or City Engineer to provide adequate fire protection to the proposed subdivision. The installation shall be completed prior to the start of combustible construction and shall be in accordance with the requirements specified in the City standard specifications and drawings in effect at the time of construction.
(f) 
Utilities.
Each unit or lot within the proposed subdivision shall be served by gas, electric, and telephone facilities. Cable television facilities shall be provided pursuant to Chapter 15 of Title 9 of Santa Maria's Municipal Code.
(g) 
Underground Utilities.
(1) 
All existing and proposed utilities, including, but not limited to, electric lines, communications lines, cable television lines, gas lines, and appurtenances thereto, shall be placed underground except those facilities exempted by Public Utilities Commission regulations. All utility facilities, including service laterals, shall be installed in the ground and pressure tested prior to paving of streets. At the time of approval of the official tentative map, the Planning Commission or City Council may modify this requirement for all or part of a subdivision where, due to physical conditions, it would cause unreasonable hardship.
(2) 
Certain utility appurtenances including, but not limited to, transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts used in connection with underground facilities may be placed on the surface of the ground. All necessary arrangements for the installation of utilities shall be made with the operator of each proposed subdivision utility system pursuant to this title.
(h) 
Street Name and Traffic Signs.
Street name signs shall be installed by the subdivider at all intersections within the subdivision prior to occupancy of any of the structures. Traffic control devices and signs shall be installed by the subdivider at all locations within the subdivision, or affected by the subdivision as shown on the approved public improvement plans. Traffic control devices and signs shall conform to all applicable local laws and regulations.
(i) 
Barricades/Turn Arounds.
Barricades conforming to City standards and specifications shall be constructed by the subdivider at the ends of all streets abutting undeveloped property adjacent to the proposed subdivision. Temporary turn arounds may be required by the City Engineer if the ends of these streets need to be served by refuse vehicles or accessed by fire vehicles.
(j) 
Street Trees.
Street trees shall be planted within the required 10 foot wide street tree easement along public streets within the subdivision. Street trees shall be provided as follows: at least one tree per each interior lot, two trees per each corner lot, or one tree per 40 feet on center, whichever is the lesser dimension. The trees planted shall be of a type approved by the Recreation and Parks Department. A schematic plan for the proposed tree planting showing the type and location of trees shall be prepared and submitted to the Recreation and Parks Department for approval prior to installation of the trees. If the trees are to be planted after recordation of the map, an appropriate surety shall be posted as part of the subdivision improvement agreement pursuant to this chapter. Installation of the street trees shall be made prior to occupancy of any structure on a proposed lot. The Recreation and Parks Department may waive all or any part of this street tree planting requirement and accept in its place the planting of street trees at an alternative location of the Department's choosing or the funds to affect such planting if the Department determines that the requirement would be unnecessary or unreasonable under the circumstances in any particular case.
(k) 
Water and Oil Wells.
(1) 
Water Wells. All water wells within the proposed subdivision shall be destroyed by sealing in a manner satisfactory to the City Engineer and in compliance with applicable State and local laws, or shall be protected from surface and underground pollution in accordance with requirements determined by the Environmental Health Services Division of the Santa Barbara County Health Department. All water wells not destroyed shall be delineated on the recordable map and measures satisfactory to the City Engineer shall be taken to prevent injury to persons or property by use of appropriate physical barriers and restrictions, including a 10 foot wide radius "no build" easement around the well head.
(2) 
Oil Wells. All oil wells shall be abandoned in accordance with the requirements of the California Division of Oil, Gas, and Geothermal Resources (CDOG). All abandoned oil wells not removed shall be delineated on the recordable map and measures satisfactory to the City Engineer and CDOG shall be taken to prevent injury to persons or property by use of appropriate physical barriers and restrictions. This includes a 10 foot wide radius "no build" easement around the well head for residential projects. Non-residential projects shall provide the previously mentioned 10 foot wide radius "no build" easement, or a CDOG approved venting system shall be provided over the well which will allow a structure to be built over the abandoned well.
(l) 
Walls and Fences.
(1) 
Masonry walls and combination masonry/wood fences shall be constructed as part of the subdivision in accordance with the design requirements described in Sections 11-5.04 and 11-5.05 of this title.
(2) 
If a final or parcel map which does not include the entire tentative map area is submitted for approval, all flood control and drainage channels within the tentative map area shall be fenced with permanent or temporary fencing as approved by the City Engineer. If a temporary fence is constructed, it shall be replaced with the required permanent fence or wall when the land adjacent to the channel is included within a final or parcel map.
(3) 
All walls and fences required pursuant to this section shall be completed prior to occupancy of buildings within the boundaries of the final or parcel map.
(m) 
City Maintenance Districts and Landscaping.
(1) 
All projects shall be annexed into a City Landscape and Lighting Maintenance District prior to recordation of the map, whether or not any landscaping will be maintained by the City.
(2) 
Eligibility of landscaping to be maintained by the City through the district shall be determined by the Director of Recreation and Parks. Eligible areas generally include landscaping (including retardation basins) along arterial streets, as defined in the General Plan, and median areas. Other areas may be included in the District subject to the approval of the Director of Recreation and Parks.
(3) 
Landscaping to be included in the district shall be designed as part of the public improvement plans in accordance with the standards of the Recreation and Parks Department, and all applicable landscape standards adopted by the City at the time of official tentative map approval.
(4) 
All landscape plans for landscaping in public areas to be maintained by the district shall be prepared by a landscape architect registered in the State of California.
(n) 
Multi-Purpose Trails.
Multi-purpose trails and bicycle paths, as defined in the Bikeways Element of the General Plan, shall be constructed as part of a subdivision, if applicable. The paths shall be designed pursuant to the Bikeways Element of the General Plan and the Standard City Engineering Specifications and Drawings.
(o) 
Other Improvements.
Other improvements may be required as determined by the City Engineer, Director of Community Development, or Director of Recreation and Parks in order to comply with the City's Municipal Code.
(p) 
Off-Site Improvements.
(1) 
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 City shall, within 120 calendar days of recordation of the final map, acquire by negotiation or commence condemnation of the land. If the City fails to meet the 120 calendar day time limit, the condition for the off-site construction shall be waived. The requirement for off-site construction, should the City acquire an interest in the land which permits the improvements to be installed, shall be included in the subdivision improvement agreement.
(2) 
The subdivider shall pay the cost of acquiring off-site land or an interest in the land required to construct the off-site improvements. The money shall be paid prior to recordation of the map in the form of a deposit determined by the City Engineer. Any unused funds will be refunded to the subdivider, and any cost in excess of the deposit will be billed to the subdivider. (Reference: Government Code Section 66462.5).
(Ord. 94-29, eff. 12/15/94)
(a) 
Supplemental Capacity - Requirement.
The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity, or number for the benefit of property not within the subdivision as a condition precedent to the approval of the official tentative map, and thereafter to dedicate such improvements to the public. Supplemental size, capacity, or number shall mean that size, capacity, or number in excess of the minimum standard City requirements for a particular size and type of project. (Reference: Government Code Section 66485).
(b) 
Supplemental Capacity - Reimbursement Agreement.
The City shall enter into an agreement for reimbursement to the subdivider of the cost plus interest, at a rate established by City Council, of the supplemental size, capacity, or number. However, the subdivider shall be reimbursed only for that portion of the cost of such improvements actually collected by the City, up to an amount equal to the difference between the amount it would cost the subdivider to install improvements to serve the subdivision only and the actual cost of the oversized improvements. (Reference: Government Code Section 66486).
(c) 
Supplemental Capacity - Financing.
(1) 
To pay for the cost of such a reimbursement, the City Council may at its discretion:
(A) 
Contribute to the subdivider that part of the cost of the improvements attributable to the benefit of real property outside the subdivision and thereafter levy a charge upon the real property benefitted thereby to reimburse the City for its cost, plus interest; or
(B) 
Collect a reasonable use charge for the account of the subdivider from persons, including public agencies, using the oversized improvements for the benefit of real property not within the subdivision; or
(C) 
Establish and maintain local benefit districts for the levy and collection of the charge or costs attributable to the property benefitted by the supplemental capacity, size, or number. (Reference: Government Code Section 66487).
(2) 
No such user charge, levy, or local benefit district shall be established unless and until a public hearing is held thereon by the City Council and the City Council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof. The public noticing shall include the following:
(A) 
Written notice of the hearing shall be given to the subdivider, to those who own property within the proposed area of benefit as shown on the latest equalized assessment roll, and the potential users of the supplemental improvements insofar as they can be ascertained at the time.
(B) 
Such notices shall be mailed by the City Clerk at least 10 calendar days prior to the date established for the hearing.
(3) 
If the City has adopted a local drainage or sanitary sewer plan or map as required for the imposition of fees therefor, the City may impose a reasonable charge on property within the area benefitted and may provide for the collection of the charge as set forth in this title. The City may enter into reimbursement agreements with the subdivider who constructs the facilities, and charges collected by the City therefor may be utilized to reimburse the subdivider as set forth in Section 11-8.05(c) of this chapter. (Reference: Government Code Section 66488).
(Ord. 94-29, eff. 12/15/94)
(a) 
General.
(1) 
Any subdivision improvement agreement, contract, or act required or authorized by the Subdivision Map Act or this title, for which security is required, shall be secured in accordance with Section 66499 et seq. of the Subdivision Map Act and as provided in the following sections.
(2) 
The final map or parcel map shall be held by the City Clerk until all improvement securities required by this title have been received and approved. Once the surety is posted, the City Clerk will schedule the final map or parcel map for City Council action.
(3) 
Improvement securities for condominium projects shall be in accordance with Section 11-12.07 of this title.
(b) 
Form of Security.
The form of security shall be one or a combination of the following at the option and subject to the approval of the City Attorney.
(1) 
Bond or bonds by one or more duly authorized corporate securities. The form of the bond or bonds shall be in accordance with Sections 66499.1, 66499.2, 66499.3 and 66499.4 of the Subdivision Map Act.
(2) 
A deposit, either with the City or a responsible escrow agent or trust company, at the option of the City Attorney, of money or negotiable bonds of the kind approved for securing deposits of public monies.
(3) 
An instrument of credit from an agency of the state, federal, or local government when any agency of the state, federal, or local government provides at least 20% of the financing for the portion of the act or agreement requiring security, or 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.
(4) 
A lien upon the property to be divided, created by contract between the owner and the City, if the City finds that it would not be in the public interest to require the installation of the required improvement(s) sooner than two years after the recordation of the map.
(5) 
Any other form of security, as provided in Section 66499 of the Subdivision Map Act, approved by the City Attorney. (Reference: Government Code Section 66499).
(c) 
Amount of Security.
(1) 
The estimate of improvement costs for public improvements shall be as approved by the City Engineer and shall include contingency costs in the amount of 10% of the total construction cost.
(A) 
A performance security in the amount of 100% of the total estimated construction cost to guarantee the construction or installation of all improvements.
(B) 
An additional security of not less than 50% nor more than 100% of the estimated construction cost shall be required to guarantee payment to the subdivider's contractor, subcontractors, and to persons furnishing labor, materials, or equipment for the construction or installation of improvements.
(C) 
In addition, a warranty security shall be posted in the amount of 10% of the total estimated cost of the improvements for the maintenance of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished in the performance of the subdivision improvement agreement with the City.
(2) 
The estimate of improvement costs for public area landscaping shall be as approved by the Director of Recreation and Parks. The performance security shall be in the amount of 100% of the total estimated construction cost to guarantee the construction or installation of all improvements including contingency costs in the amount of 10% of the total construction cost. The performance security for public landscaping shall include the cost of maintaining the landscaping for one year.
(3) 
Guarantee for the installation of boundary walls shall be accomplished by one of the following methods:
(A) 
A performance security per Section 11-8.06(b) of this chapter. The estimate of improvement costs for boundary walls shall be as approved by the Director of Community Development. The performance security shall be in the amount of 100% of the total estimated construction cost to guarantee the construction or installation of all improvements including contingency costs in the amount of 10% of the total construction cost.
(B) 
Construction of all required boundary walls prior to issuance of a building permit for the first building to be constructed. Required boundary walls to be constructed are those walls shown on the grading plan for the particular construction phase under consideration.
The subdivider shall notify the Community Development Department in writing prior to recordation of the map on which method will be employed. (Reference: Government Code Section 66499.3).
(d) 
Reduction in Performance Security.
Upon written request by the subdivider to the City Clerk, the appropriate department or departments may authorize the release of a portion of the performance security upon the departments' acceptance of the satisfactory completion of a part of the improvements as the work progresses. In no case, however, shall the security be reduced to less than 10% of the total improvement security given for the faithful performance. The amount of reduction of the security shall be determined by the appropriate department or departments, but in no event shall the department or departments authorize a release of the improvement security which would reduce security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by the Subdivision Map Act, this title, or the subdivision improvement agreement. (Reference: Government Code Section 66499.7(a)).
(e) 
Release of Improvement Securities.
All requests for the release of improvement securities shall be made by the subdivider to the City Clerk. The City Clerk shall distribute the request to the appropriate departments for authorization to release the securities.
(1) 
Performance Security. The performance security shall be released only upon final completion and acceptance of the improvements by the City.
(2) 
Material and Labor Security. Security given to secure 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 recorded pursuant to Sections 3114 et seq. of the California Civil Code, and after the completion and acceptance of the improvements by the City, be reduced to an amount equal to the amount of claims therefor filed and of which notice has been given to the City Council. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given.
(3) 
Warranty Security. The warranty security shall be released upon satisfactory completion of the warranty period, provided that:
(A) 
All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected; and
(B) 
Not less than 12 months have elapsed since the acceptance of the improvements by the City.
(Ord. 94-29, eff. 12/15/94)
(a) 
When all improvement deficiencies have been corrected and as-built plans submitted to the City Engineer, the completed subdivision improvements shall be recommended by the City Engineer to the City Council for acceptance. Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use.
(b) 
If the subdivision improvements have been accepted by the City and public improvements have been dedicated on the final map or parcel map, the City Clerk shall file an Acceptance of Public Improvements with the County Recorder.
(c) 
When requested by the subdivider in writing, the City Engineer may consider acceptance of a portion of the improvements. Such improvements will be accepted by the City only if the City Council, acting upon the recommendation of the City Engineer, finds that it is in the public interest to do so and such improvements are for the use of the general public. Acceptance of a portion of the improvements shall not relieve the subdivider from any other requirements imposed by this title or the Subdivision Map Act.
(Ord. 94-29, eff. 12/15/94)