§ 9-64.060. Improvement Agreements

A.

Applicability. Improvement agreements shall be required in compliance with this Section, and Map Act Section 66462, for each Parcel Map and each Final Map, unless otherwise provided herein.

B.

Delegation and review of authority. The Council may delegate the authority to approve or disapprove improvement agreements in compliance with this Section to the City Engineer, as allowed by Map Act Section 66462(d). The Council shall periodically review the delegation of authority to the City Engineer.

C.

Time for filing, form of agreement. Before submitting a Parcel Map, where public improvements or grading other than that allowable under a Single-Family Residential Building Permit are required, or a Final Map of a proposed subdivision for approval in compliance with this Article, the subdivider or any owner of land in the subdivision shall execute an improvement agreement, except as provided for in Section 9-64.040(A)(2)(b), in a form approved by the City Engineer and the City Attorney, whereby the subdivider or owner is bound to construct, within a reasonable time specified in the agreement, the improvements required for the subdivision.

D.

Effect of agreement. The agreement shall provide that the subdivider and each owner of land in the subdivision is bound to construct, within a reasonable time specified in the agreement, the improvements that have not been completed and accepted by the City before approval of the Final Map or Parcel Map.

E.

Time for completion of improvements. The agreement shall specify the time for completion of the improvements.

1.

The required time for the completion of improvements for a subdivision requiring a subdivision improvement agreement shall be as specified in the agreement or prior to issuance of a Zoning Clearance or Certificate of Occupancy as required by the conditions of approval, whichever occurs first.

2.

The time of completion of construction requirements for subdivisions which have multiple Final Maps may be specified by the City, including the authority to require completion of improvements for any incomplete phase of the multiple Final Maps.

F.

Minimum improvements for phased development. All required improvements, enabling each phase to be functional, shall be completed before final building inspection or occupancy of any unit within the subdivision, regardless of the sequence of construction of the Final Maps by the subdivider. Additional improvements may be required at earlier times during construction subject to the necessity of those improvements to protect the public health, safety and welfare.

G.

Performance security. The subdivider and each owner of the land in the subdivision shall secure execution of the agreement by good and sufficient improvement security in compliance with this Chapter.

H.

Approval and completion of agreement. The agreement, executed by the subdivider and owner, shall be submitted to the Council. If approved by the Council, the Mayor shall execute the agreement on behalf of the City.

I.

Time extensions for improvement agreement. The completion date specified by Section 9-64.080(D) may be extended by the City Engineer or the Council as provided herein, upon a written request by the developer and the submittal of adequate evidence to justify the extension. In consideration of a subdivision improvement agreement extension, one or more of the following may be required:

1.

Revision of improvement plans to provide for current design and construction standards when required by the City Engineer;

2.

Revised improvement construction estimates to reflect current improvement costs as approved by the City Engineer;

3.

Increase of improvement securities in compliance with revised construction estimates;

4.

Assessment of additional inspection, plan check, and other fees, as appropriate, to incorporate improvement plan revisions and reflect current construction costs or changes in the method of calculation; or

5.

The Council may impose any requirements as the City Engineer may deem reasonable and necessary.

(§ 5, Ord. 1085, eff. January 6, 2006)