Needles Municipal Code § 19-19 Dedication And Improvements Required Generally

1. All streets, highways and parcels of land shown on the final map of a subdivision and intended for any public use shall be offered for dedication for public use.
2. Streets or portions of streets may be offered for future dedication where the immediate opening and improvement is not required but where it is necessary to insure that the city can later accept dedication when such streets are needed for the further development of the area or adjacent areas.
3. The subdivider shall improve, or agree to improve, all land dedicated for streets, highways, public ways and easements as a condition precedent to acceptance and approval of the final map when the areas of abutting lots are an acre or less, and such improvements may be required if the areas abutting lots exceed one acre each. Such improvements shall include such grading, surfacing, or paving, curbs, gutters, culverts, bridges, storm drains, water mains and service connections to the property line with cut-off valves, sanitary sewers and such other structures or improvements as may be required by law or deemed by the city council to be necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs. The subdivider shall designate on the final map the location of all sidewalks and provide that the installation of sidewalks is a required condition of the development of the lot or construction thereon.
4. All improvements shall be installed to grades approved by the city manager.
5. Plans, profiles and specifications of proposed improvements shall be furnished to the city manager proper to the time of submitting the final map to him, and be approved by the city manager before the maps shall be filed with the city council. Such plans and profiles shall show full details of the proposed improvements which shall be according to the standards of the city.
6. If such improvements work is not completed satisfactorily before the final map is approved, the owner of the subdivision shall, immediately upon approval and before the certifications of the final map by the city council, enter as contractor into an agreement with the city council whereby in consideration of the acceptance by the city council of the street and easements offered for dedication, the contractor agrees to complete the work within the time specified in the agreement.
7. To assure the city that improvements will be completed and lien holders paid the security shall be in compliance with Section 19-19.1. (See B. & P.C., § 11000 et seq.)
8. The minimum improvements which the subdivider will be required to make or enter into an agreement to make the subdivision prior to the acceptance and approval of the final map by the city council shall be as follows:
9. Adequate distributions lines for domestic water supply to each lot.
10. Sewage collecting system where main lines of adequate system are available.
11. Adequate drainage of the subdivision streets, highways, and alleys.
12. Adequate grading and surfacing or paving or streets, highways, ways and alleys.
13. Curbs, gutters, cross gutters, and sidewalks, where required.
14. Monuments.
15. Fire hydrants at a location designated by the city manager. Water pipes serving fire hydrants shall not be less than six inches and shall be approved by the fire chief.
16. Street name signs, two at each intersection.
17. Necessary barricades ands safety devices.
18. Deleted by Ordinance No. 75-AC.

All such improvements shall conform to the standard and specifications established by resolution of the city council. (Ord. No. 297 N.S., §§ 12, 13; Ord. No. 4-AC; Ord. No. 75-AC; Ord. No. 403-AC (part).)

1. Improvement security for final maps shall be one or a combination of the following, subject to city council approval:
2. Bond or bonds by one or more duly authorized corporate sureties;
3. A deposit, either with the city or a responsible escrow agent or trust company, at the option of the city, of money or negotiable bonds of the kind approved for security deposits of public moneys;
4. An improvement of credit from an agency of the state, federal or local government when an agency of the state, federal or local government provides at least twenty 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;
5. A lien upon the property to be divided, created by contract between the owner and the city;
6. Security interests in real property or negotiable instruments secured by real property which are acceptable to the city.
7. Any contract or security interest in real property entered into as security for performance pursuant to paragraph (a)(4) or paragraph (5) shall be recorded with the county recorder of the county in which the subject real property is located. From the time of recordation of the written contract or document creating a security interest, a lien shall attach to the real property particularly described therein and shall have the priority of a judgment lien in an amount necessary to complete the agreed to improvements. The recorded contract of security document shall be indexed in the grantor index to the names of all record owners of the real property as specified on the map and in the grantee index to the local agency approving the map.

The local agency may at any time release all or any portion of the property subject to any lien or security interest created by this subdivision or subordinate the lien or security interest to other liens or encumbrances if it determines that security for performance is sufficiently secured by a lien on other property or that the release or subordination of the lien will not jeopardize the completion of agreed upon improvements. 3. Security to guarantee the performance of any act or agreement shall be in the following amounts:

1. An amount determined by the city, not less than fifty percent nor more than one hundred percent 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; and
2. An additional amount determined by the city, not less than fifty percent nor more than one hundred percent 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.
3. Security is not subject to attachment. Any money, negotiable bond, instrument of credit or other security furnished by the subdivider under subsection (c) above 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.
4. The security furnished by the subdivider shall be released in whole or in part in the following manner:
5. 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, or the city may provide for the partial release of the security upon the partial performance of the act or the acceptance of the work as it progresses.
6. Security securing the payment to the contractor, his or her subcontractors and the person furnishing labor, materials or equipment shall, after the passage of time within which claims of lien are required to be recorded pursuant to Section 3114, et seq. of the California Civil Code and after acceptance of the work, be reduced to an amount equal to the total claim by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the city council, and if not such claims have been recorded, the security shall be released in full.Such releases shall not apply to any required guarantee or warranty period required by subsection (f)(3) below for the guarantee or warranty nor to the amount of the security deemed necessary by the city council for such guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorney’s fees.

The city council may authorize any of its public officers or employees to authorize release or reduction of the security in accordance with conditions hereinabove set forth and in acceptance with such rules as it may prescribe. 6. Any liability upon the security given for the faithful performance of any act or agreement shall be limited to:

1. The performance of the work covered by the agreement between the subdivider and the city or the performance of the required act;
2. The performance of any changes or alterations in such work; provided, that all such changes do not exceed ten percent of the original estimated cost of the improvement;
3. The guarantee and warranty of the work, for a period of one year following completion and acceptance thereof, against any deflective work or labor done or defective materials furnished, in the performance of the agreement with the city or the performance of the act.
4. Costs and reasonable expenses and fees including reasonable attorney’s fees. (Ord. No. 403-AC (part).)

1. Purpose. This ordinance implements Government Code sections 66485 through 66489 providing for offsite supplemental improvements and providing for reimbursement for those improvements.
2. Supplemental Improvements. The City may require that improvements installed for the benefit of a project or development contain supplemental size, capacity, number, or length for the benefit of property not within the development or project, and that those improvements be dedicated to the public. Supplemental length may include minimum sized offsite electrical lines, sewer or water.
3. Area of Benefit. The Project Developer shall be required to provide an engineered study that will establish an area of benefit to identify properties benefited by offsite improvements.
4. Reimbursement Agreements. In the event the City requires the Project Developer to install supplemental improvements, the City will enter into an agreement with the Project Developer to reimburse the Project Developer from the amounts collected in a supplemental improvement account for that portion of the cost of those improvements, including an amount attributable to interest, in excess of the construction required for the project/development.
5. Methods of Reimbursement. In order to pay the costs as required by the reimbursement agreement, the City may:
6. Collect from other persons, to the extent permitted by law, including public agencies, using such improvements for the benefit of real property not within a particular project or development, a reasonable charge for the use of such improvements.
7. Contribute to the Project Developer that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and levy a charge upon the real property benefited together with interest thereon, if any, paid to the Project Developer.
8. Establish and maintain local benefit districts for the levy and collection of such charge or costs from the property benefited.
9. From the amounts collected from the property benefited by the improvements pursuant to this chapter the City may allocate a 5% administrative fee payable to the City to reimburse it for the cost to administer the reimbursement.
10. Reimbursement for Drainage and Sanitary Sewer Facilities. For supplemental facilities within a local drainage or sanitary sewer area the City may adopt the plan and map as provided for in section 66483 of the Government Code and impose a reasonable charge on property within the area which, in the opinion of the City Council, is benefited by such drainage or sanitary sewer facilities. The charge collected must be paid to the City for payment to the Project Developer constructing such drainage or sanitary sewer facilities, if the City enters into a reimbursement agreement with the Project Developer.
11. Reimbursement for Roads, Bridges and other Roadway and Intersection Improvements. The City may establish an area of benefit pursuant to section 66484 of the Government Code and may impose a reasonable charge on property within the area which in the opinion of the City Council, is benefited by the construction of the road or bridge or other roadway or intersection improvement. The charge collected shall be paid to the local agency for payment to the Project Developer constructing the road, bridge, or other roadway or intersection improvements. Any local agency having jurisdiction over any property which, the opinion of the City Council, is benefited by the construction of the road, bridge, or other roadway or intersection improvements may enter into a reimbursement agreement with the Project Developer.

In rustic types of development, paved streets, cubs, gutters, sidewalks and sanitary sewers shall not be required by the city council.

Street lighting shall be required, unless specifically waived by the planning commission and city council. Installation of street lights shall be in accordance with plans and specifications of a specific street lighting program which shall be established by the planning commission.

It shall be the duty of the planning commission to make its recommendations to the city council as to the type and the extent of improvements to be required in addition to the minimum requirements of this chapter. All improvements shall conform to the standards and specifications established by resolution of the city council. (Ord. No. 297 N.S., § 2-a; Ord. No. 3-AC.)