(a) Prior to submitting a final map or parcel map of a proposed subdivision for approval pursuant to Section 9-3.946 of Article 9 of this chapter, the subdivider and all owners of land in the subdivision substantially interested in the subdivision shall execute an improvement agreement, in a form approved by the City Attorney, and as prescribed by the City Engineer, whereby the subdivider is bound to construct the improvements which have not been completed and accepted by the City prior to the approval of the final map or parcel map required for the subdivision pursuant to this Code.
(b) The improvement agreement shall, at a minimum, contain the following standards and conditions:
(1) The furnishing of good and sufficient improvement security as provided for in Article 11 of this chapter.
(2) A requirement to maintain the improvements until accepted by the City.
(3) A one year guarantee of the improvements after acceptance by the City.
(4) Any other conditions required by the Subdivision Map Act or Chapter 3 of Title 9 of this Code.
(c) Nothwithstanding the above, construction requirements of parcel maps and on parcels designated as remainders when a subdivision is of a portion of any unit of improved or unimproved land 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 an agreement between the City and the subdivider, or unless the City Engineer requires construction within a reasonable time following the approval of the parcel map and prior to the issuance of a permit or grant of approval for development upon a finding that construction is necessary for reasons of public health and safety or the orderly development of the surrounding area. The time of the completion of the construction requirements for subdivisions which have multiple final maps may be specified by the City Engineer, including the authority to require the completion of improvements on any of the multiple final maps, regardless of the sequence of the construction of the final maps by the subdivider, where the improvements are desirable to serve the residents of the subdivision being constructed or to accommodate the public generally who will be impacted by the subdivision.
(d) The agreement, executed by the subdivider, shall be submitted to the City Engineer, who shall execute the agreement on behalf of the City only after approval of the final map and the exhaustion of any appeal to the City Council provided under Section 9-3.946(e) of this chapter.
(e) The City Engineer’s action under this section may be appealed to the Council within ten (10) calendar days of the date of the action in the same manner that decisions of the Planning Commission are appealed to the Council pursuant to Section 9-4.702(a)(3) of this Code. The scope of such appeal shall be limited to conformance with Chapter 3 of the Subdivision Map Act and Chapter 3 of Title 9 of this Code.
(f) The City Engineer may execute amendments to an improvement agreement, approved as to form by the City Attorney, that are consistent with this section. In consideration for an amendment, the City Engineer may require, inter alia, the following:
(1) Revisions of improvement plans to provide for current design and construction standards when required by the City Engineer or Community Development Director;
(2) Revised improvement construction estimates to reflect current improvement costs, as approved by the City Engineer;
(3) Increase in the amount of improvement securities in accordance with revised construction estimates; and
(4) Increase of inspection and plan-check fees to reflect current construction costs or changes in the method of calculation, or both.
(g) Upon satisfactory completion of the improvements under the improvement agreement, the City Engineer may accept the improvements on behalf of the City, and in accordance with Streets and Highways Code § 1806(c), may accept streets and roads or portions thereof, into the City street system.
(h) Should the subdivider fail to complete the improvements in accordance with the terms and conditions of the improvement agreement, the City Engineer may cause any or all uncompleted improvements to the completed and the subdivider and sureties shall be firmly bound for the payment of all necessary costs incurred by the City.
(i) The Council shall periodically review the delegation of authority to the City Engineer provided by this section.
(Ord. 744-NS, eff. April 17, 1980, as amended by § 4, Ord. 1537-NS, eff. June 25, 2010)