64 - Subdivision Design and Improvement Requirements
This Article establishes standards for the design and layout of subdivisions, and the design, construction or installation of public improvements within subdivisions. The purpose of these standards is to ensure, through careful site evaluation and design, the creation of new usable parcels that are consistent with the General Plan and any applicable Specific Plan.
(§ 5, Ord. 1085, eff. January 6, 2006)
The requirements of this Article apply as follows:
A.
Extent of required improvements. Each subdivision shall provide the improvements required by this Article, and any additional improvements required by conditions of approval.
B.
Applicable design standards. As authorized by Map Act Section 66462(b), Ventura County Road Standards, the current edition of Standard Plans and Standard Specifications for Public Works Construction (Green Book), Ventura County Land Development Manual, Ventura County Waterworks District No. 8 Water Design and Construction Standards, City Wastewater Design and Construction Standards, Ventura County Flood Control Manual, City Geotechnical Guidelines, Ventura Countywide Stormwater Quality Management Technical Guidance Manual, and any other standards adopted by the Council are hereby adopted by reference and all subdivision improvements shall be designed and installed in compliance with these standards and specifications, and the amendments and additions made from time to time by the Council. In the event of conflict between the specifications, the City Engineer's decision shall be final as to which improvement standard is applicable.
C.
Subdivision improvement standards - Conditions of approval. The improvement and dedication requirements of this Article and any other improvements and dedications required by the review authority in compliance with Section 9-61.050 (Tentative Map Public Hearing and Action), shall be described in conditions of approval adopted for each approved Tentative Map (Section 9-61.070). The design, construction or installation of all subdivision improvements shall comply with Subsection B.
D.
Conflicting provisions. In the event of any conflict between the provisions of this Article and other provisions of this Development Code, or other provisions of the Municipal Code, the most restrictive provisions shall control. In the event of any conflict between the provisions of this Article and the Map Act, the Map Act shall control.
E.
Supplemental capacity. The City may require that improvements installed by the subdivider for the benefit of the subdivision shall contain supplemental sizes, capacity, or number for the benefit of property not within the subdivision and that the improvements be dedicated to the City.
1.
Public hearing and findings. The Council shall hold a public hearing in compliance with Map Act Section 66451.3 before establishing any charge, area of benefit, or local benefit district. Before the establishment of a charge, area of benefit, or local benefit district, the Council shall find that the fee or charge and the area of benefit or local district is reasonably related to the cost of the supplemental improvement and the actual ultimate beneficiaries thereof.
2.
Notice of hearing. In addition to the notice required by Map Act Section 66451.3, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment role, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. The notices shall be mailed at least 10 days before the date established for hearing.
3.
Reimbursement of subdivider. Pursuant to the adopted Master Plan of Drainage, the Sewer Master Plan Update, and the City and County Traffic Impact Fee programs, the City may impose a reasonable charge on property within the area benefited and may provide for the collection of the charges as identified in Map Act Sections 66483, 66483.1, 66483.2 and 66484. Alternatively, the conditions of approval of a project may require supplemental facilities, or the construction of intersections or thoroughfares, in excess of the construction required for the project, and authorize a reimbursement agreement in compliance with Map Act Section 66486 whereby subsequent development benefiting from such facilities shall provide reimbursement.
F.
Exceptions. Exceptions to the provisions of this Article may be requested and considered in compliance with Section 9-60.100 (Exceptions to Subdivision Standards).
(§ 5, Ord. 1085, eff. January 6, 2006)
A.
Access and rights-of-way.
1.
Each parcel shall have direct access to a public street, except where private street, common driveway or other access easement rights are specifically approved by the Director and the City Engineer and made a matter of record in the Ventura County Recorders office. The access easement shall be reserved on the map in perpetuity for the benefit of the affected parcels.
2.
The street layout of a proposed subdivision shall be consistent with all street right-of-way designations shown on the Circulation Element of the General Plan or any applicable specific plan at the time the Tentative Map is approved. For alignments not shown on the Circulation Element of the General Plan, the City Engineer shall approve alignments that are consistent with the General Plan or any applicable specific plan.
B.
Drainage and drainage easements.
1.
The design of a proposed subdivision shall provide for the proper drainage of the proposed subdivision, including all parcels and improvements, based on the runoff that can be anticipated from ultimate development of the watershed area in which the subdivision is located. Stormwater detention measures shall be provided to limit project runoff to a 10-year-developed storm event, and additional detention shall be provided to the extent possible when required by the City Engineer to reduce any adverse effects of runoff on downstream properties, whether due to quantity, frequency, or lack of downstream capacity.
2.
The design shall ensure that there are no undrained depressions. Rights-of-way shall be provided within the proposed subdivision to provide for flood control channels and conduits, or laterals thereto, which may be constructed within or abutting the proposed subdivision and which are included in the Comprehensive Plan of Flood Control Channels approved by the Board of Supervisors of the Ventura County Watershed Protection District and the Simi Valley Master Plan of Drainage. Access to open channels included in the Comprehensive Plan of Flood Control Channels shall be provided along the entire length of the channel. Access to public underground drainage conduits shall be provided by an easement of not less than 15 feet in width centered directly above the entire length of the conduit.
3.
The proposed subdivision shall be designed to protect the parcels and improvements, both within the subdivision and of abutting properties, from offsite drainage or flood damage. Offsite storm drain improvements may be required to satisfy this requirement. The design shall also ensure that all public facilities (e.g., sewer, gas, electric and water systems) are located, elevated, and constructed so as to minimize or eliminate flood damage. Further, the design shall provide that any concentrations or increases of surface water received by or resulting from the development of the proposed subdivision are conveyed by means of adequate facilities to a suitable natural watercourse in the area or other drainage facility approved by the City Engineer. Offsite rights-of-way as may be necessary for the facilities shall be provided by the subdivider subject to review and approval by the City Engineer. All rights-of-way required to be provided in compliance with this Section shall be offered for dedication at the time the Parcel Map or Final Map is filed for approval.
4.
All subdivisions shall comply with the City's Flood Damage Prevention Ordinance SVMC Section 7-5.101 et seq., and if applicable, pertinent FEMA regulations. All subdivisions shall provide for construction of drainage facility in compliance with the City's Master Plan of Drainage. At the City Engineer's discretion, pro-rata share payment, based upon developable project area within a drainage area or other applicable formula as determined by the City Engineer, to equitably distribute costs within a watershed, may be allowed in lieu of construction of Master Plan of Drainage facilities.
C.
Grading and erosion control. Every map which proposes grading shall comply with the requirements in this Article and with the Grading Ordinance (California Building Code Appendix Chapter 33, SVMC Section 8-4.01 et seq.) and the Stormwater Quality Management Program, SVMC Section 6-12.101 et seq., for grading and erosion control, including the prevention of sedimentation or damage to offsite property.
D.
Parcel requirements. Each parcel in a proposed subdivision shall comply with all applicable requirements of this Development Code before the application is deemed complete, unless a Variance is being requested as part of the application.
E.
Sanitary sewer service. Whenever a proposed subdivision is located within reasonable proximity to a public sewer service area, the public sewer shall be extended by the subdivider to provide sewer service for the proposed subdivision. Upon application of the subdivider, with concurrence of the State and County health agencies, the Commission may waive the requirements of this Section for good cause shown at the time the Tentative Map is submitted for approval.
F.
Street lighting. Before approval of a Parcel Map or Final Map, the subdivider shall cause the area within the subdivision to be annexed into the Simi Valley Lighting Maintenance District, which is the district providing street lighting. The Advisory Agency may waive this requirement for Parcel Maps if it finds that inclusion within a service area is unnecessary because of the size or location of the proposed parcels or that inclusion could be more appropriately a condition of approval of a future development.
G.
Utility easements. Whenever possible, utilities in a proposed subdivision required pursuant to this Article, shall be placed in easements of sufficient width located along parcel lines.
H.
Water service. Whenever a proposed subdivision is located within the jurisdiction of a public water agency willing and able to provide water service to the parcels, that public water agency shall be chosen as the water purveyor for the proposed subdivision. Where an adjoining water agency can better provide the services, is willing to provide the service, and has the concurrence of the water agency having jurisdiction, the service to the project shall be provided by the adjoining water agency. Upon application of the subdivider and concurrence of the State and County health agencies, the Commission may waive the requirements of this Section at the time the Tentative Map is submitted for approval.
(§ 5, Ord. 1085, eff. January 6, 2006)
All streets, curbs, gutters, sidewalks, street signs, underground utilities, and other public infrastructure required to be constructed by a subdivision shall be installed or improved in compliance with the standards specified in the Simi Valley Subdivision Improvement Standards and Specifications in effect at the time of construction.
A.
Extent of improvements required.
1.
Requirements for parcel maps of four or fewer parcels. Required subdivision improvements for Parcel Maps of four or fewer parcels shall comply with Map Act Section 66411.1.
2.
Requirements for parcel maps and final maps.
a.
As a condition of approval of a Parcel Map or Final Map, the subdivider shall dedicate or make irrevocable offers of dedication of streets, access rights and abutters rights, drainage facilities, public utility easements, and other public easements, the need for which is generated by the project.
b.
In addition, before the approval of a Parcel Map, where public improvements or grading other than that allowable under a Single-Family Residential Building Permit are required, or of a Final Map, the subdivider shall complete or enter into an agreement with the City to complete (with proper securities) all grading, streets, drainage facilities, common area landscaping, public utility infrastructure, and other public facilities necessary to support the proposed subdivision.
3.
Improvement requirements for designated remainder parcels. Improvement requirements for designated remainder parcels shall comply with Map Act Section 66424.6.
B.
Abandoned pipelines. All abandoned underground pipes and openings encountered during construction of any improvements in the subdivision shall be removed by the subdivider or sealed in a manner satisfactory to the City Engineer.
C.
Drainage.
1.
Compliance with Master Plan and standards. Subject to the provisions of this Chapter, all facilities for drainage, including detention facilities, required for the proposed subdivision, regardless of location, shall be constructed by the subdivider in compliance with the City's Master Plan of Drainage and the requirements specified in the Simi Valley Subdivision Improvement Standards and Specifications in effect at the time of construction.
Pad elevations shall be designed so that all structures (buildings) shall have finished floors a minimum of one foot above any 100-year frequency storm flow or detention basin high water level.
2.
Stormwater detention basins. Detention basins shall be required for all subdivisions other than single-family residential subdivisions of four or fewer parcels, unless required pursuant to Subsection 3, below, and shall be built on privately owned property and shall be privately funded for maintenance purposes, except when the conditions of approval require dedication to the Ventura County Watershed Protection District and the District accepts the facility. Detention shall be not less than 1,000 cubic feet per acre of developed property when the project is 10 acres or less, and may be based on the hydrograph flood routing method with 10-year developed runoff for larger sites.
Additional detention shall be provided to the extent possible when required by the City Engineer to reduce the effects of runoff on downstream properties, whether due to quantity, frequency, or lack of downstream capacity.
3.
Stormwater Quality Management Program. All projects shall comply with the Ventura Countywide Stormwater Quality Management Program, Ordinance 1004, SVMC Section 6-12.101 et seq.
D.
Fences and walls.
1.
Required masonry walls and fences. Where determined by the Advisory Agency to be necessary for public welfare and safety, the subdivider shall construct freestanding masonry walls, wrought iron fencing, or a combination of both, which shall be approved as to type, size, and specifications by the Director along or at the following locations:
a.
On all parcel lines of the subdivision which adjoin drainage channels;
b.
Adjacent to all railroad rights-of-way which abut or pass through the subdivision;
c.
Adjacent to all major highway rights-of-way, as shown on the Circulation Element of the General Plan or any applicable specific plans, which abut or pass through the subdivision;
d.
Adjacent to all publicly owned property; and/or
e.
As required as a condition of approval of the map.
2.
Fencing of drainage channels in future phases. If a Final Map which does not include the entire Tentative Map area is submitted for approval, flood control and drainage channels within the Tentative Map area shall be fenced with permanent or temporary fencing or walled. 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 Map.
3.
Alternative materials. Textured block walls, chain link type fencing, ornamental wrought iron, heavy landscaping, or other appropriate fencing or combination thereof as approved by the Director may be substituted for masonry walls, which are otherwise required under by this Subsection.
4.
Timing of installation. All fences and walls required in compliance with this Section shall be completed before occupancy of the structures within any portion of the development in close proximity to areas requiring the fences or walls.
5.
Placement and maintenance. All fences and walls required by this Section shall be installed on private property and privately maintained.
E.
Fire protection. As a part of the water supply installed in the proposed subdivision, the subdivider shall install water mains, fire hydrants, gated connections and other fire protection facilities deemed necessary by the Ventura County Fire Protection District to provide adequate fire protection to the proposed subdivision. The installation shall be in compliance with the requirements specified in the Simi Valley Subdivision Improvement Standards and Specifications in effect at the time of construction.
F.
Streets.
1.
Barricades. Barricades conforming to City standards shall be constructed by the subdivider at the ends of all streets abutting undeveloped property adjacent to the proposed subdivision.
2.
Street names and traffic signs. Street name signs shall be installed by the subdivider at all intersections within the subdivision. Traffic control devices and signs shall be installed by the subdivider as specified by the City Traffic Engineer. All traffic control devices and signs shall conform to applicable laws and regulations.
3.
Street lights. Marbelite street light poles and luminaries shall be installed per the size and location, per the Simi Valley Improvements Standards and Specifications in effect at the time of construction and as specified by the City Traffic Engineer.
4.
Street tree planting. The improvement agreement executed in compliance with Section 9-68.080 shall include security for the planting within parkways or public service easements along sidewalks within the subdivision of at least one tree for each 50 feet of street frontage. The trees planted shall be of a type approved by the City, per the City's approved Street Tree List. A schematic plan for the proposed tree planting showing the type and location of the trees shall be submitted to the Director for approval before installation of the trees. Installation of the trees shall be completed before the occupancy of any development requiring street trees.
G.
Underground utilities. Except as otherwise provided in this Chapter of in Section 9-30.090, existing and proposed utilities including electric lines, communication lines, cable television lines, street lighting power supply lines, and appurtenances thereto, shall be placed underground and all such utility facilities including service laterals shall be installed in the ground before the paving of the streets. The City Engineer may authorize installation of utility facilities after street improvements are installed if the installation will not require reconstruction or repair of the street improvements or if unusual circumstances warrant. All necessary arrangements for the installation of utilities shall be made with the operator of each proposed subdivision utility system in compliance with this Section. Certain utility appurtenances including transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts used in connection with underground facilities which cannot be placed underground without unreasonable expense may be placed on the surface of the ground if so approved by the City Engineer. The request shall be made at the time of approval of the Tentative Map.
H.
Water supply and sewage collection. Except as otherwise provided in this Chapter, and subject to the provisions of this Chapter, sewers and an adequate domestic water supply system shall be installed by the subdivider in each proposed subdivision and connections thereto made from each parcel within the subdivision.
I.
Water wells. All water wells within the proposed subdivision to be abandoned shall be sealed in a manner satisfactory to the Environmental Health Division of the Resource Management Agency of Ventura County. All water wells not abandoned shall be delineated as supplemental information pursuant to Section 9-62.070, and measures satisfactory to the City Engineer shall be taken to prevent injury to persons or property by use of appropriate physical barricades and by use of deed restrictions.
J.
Telephone service. Telephone service shall be installed by the subdivider in each proposed subdivision and connections thereto made from each parcel within the subdivision.
K.
TV cable service. Cable TV service shall be installed by the subdivider in each proposed subdivision and connections thereto made from each parcel within the subdivision.
(§ 5, Ord. 1085, eff. January 6, 2006)
The subdivider's registered civil engineer shall prepare plans and specifications for improvements, except monuments, required for the proposed subdivision by this Chapter or the Subdivision Map Act as follows.
A.
Preparation of improvement plans. Improvement plans shall be printed or drawn clearly and legibly, with waterproof opaque ink, or reproduced by a process which results in a permanent record which will permit direct reproductions. Each sheet shall be 24 inches vertically by 36 inches horizontally with a marginal line drawn completely around each sheet, leaving an entirely blank margin of one and one-half inches on the left side and one-half inch on the other three sides. Text shall not be less than 0.08 inches in size. If the improvement 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. The final submitted improvement plans shall be legibly drawn to a horizontal scale where one inch equals 40 feet and a vertical scale of one inch equals four feet where applicable. A different scale may be used with the approval of the City Engineer. Preprinted standard title cover sheets for the improvements plans may be obtained from the City Engineer. The City Engineer shall charge the nominal cost of the title cover sheets to the subdivider. The form of all improvement plans shall conform to any reasonable additional requirements as may be established by the City Engineer.
B.
Standards. Standards shall be as provided in Section 9-64.020(B). All required improvements shall be made in compliance with the standards, unless a specific alternate design is approved. The specifications shall also apply to any improvements authorized by the City in advance of planned land development.
C.
Grading plans included in improvement plans. Improvement plans are required for both Parcel Maps and Final Maps and shall also include complete grading plans, except where stormwater detention and public improvements are not required. Grading plans for projects in excess of one acre shall be accompanied by a Stormwater Pollution Control Plan (SWPCP) or Stormwater Pollution Prevention Plan (SWPPP) providing for the control of illicit discharge, including prevention of sedimentation and damage to offsite property, in compliance with Map Act Section 66411 and the Ventura Countywide Stormwater Quality Management Program.
D.
Content of improvement plans. Improvement plans shall be prepared according to good engineering practice and the standards of the City or other entity having jurisdiction, under the direction of, and shall be signed by, a State registered civil engineer. The improvement plans shall show the complete plans, profiles, and details for all public and quasi-public improvements to be placed in a proposed subdivision, the location of retaining walls, including all grading and street work, curbs, gutters, sidewalks, drainage channels and structures, all underground utilities to be installed by the subdivider including all appurtenances thereto located within the right-of-way, bridges if constructed in conjunction with subdivision improvements, storm drains and culverts, the location of fire hydrants, and street lights, and other improvements which may be required to complete the work.
E.
Cost estimate. An estimate of the cost of the improvements to the proposed subdivision shall be prepared by the subdivider utilizing City supplied unit prices and cost estimate forms and shall accompany the improvement plans with the first submittal. They shall thereafter be updated with changes to the plans. Cost estimates shall include a separate item for contingencies in the amount of 15 percent of the estimated cost. Upon consideration of the estimate submitted by the subdivider, the City Engineer shall determine the estimated value of the improvement securities for the proposed subdivision.
F.
Changes in improvement plans. Subsequent to signed approval of the subdivision improvement plans by the City Engineer, no change shall be made to the plans without prior approval of the City Engineer. Changes approved by the City Engineer may require a change order or may be approved as an as-built change. Each request for a change order shall be accompanied by the fee required by the City Schedule of Service Charges.
G.
Approval of improvement plans. The City Engineer, or the engineer for any other entity having jurisdiction over the improvements shown in the improvement plans shall review the plans, and, only if the plans fully comply with the requirements of the Map Act, this Chapter and the rules or regulations of the other entity, and substantially comply with the Tentative Map, shall the applicable engineer sign the improvement plans. The review and approval or disapproval of improvement plans by the applicable engineer shall comply with Map Act Section 66456.2.
H.
Record drawings (as-builts). At the time of completion of the improvements, required in compliance with this Chapter, and as a condition precedent to both the final inspection by the City Engineer and the exoneration of the improvement security, the subdivider shall submit two sets of prints and the original ink improvement plans which have been modified to reflect the improvements as constructed, with each sheet marked "Record Drawing" in one-half inch letters. The subdivider's project engineer of record shall also certify that all improvements have been constructed in compliance with the requirements of this Chapter and the approved plans as modified. A DXF or ArcInfo file, or other format as may be approved from time to time, of the record drawings shall also be provided.
(§ 5, Ord. 1085, eff. January 6, 2006)
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)
Any improvement, contract, or act required or authorized by the Subdivision Map Act, for which security is required by the Subdivision Map Act or this Chapter, shall be secured in the manner and amounts provided in Government Code Section 66499(a) and this Article. No Final Map or Parcel Map shall be signed by the City Engineer or submitted for approval until all improvement securities required by the Subdivision Map Act and this Article have been received and recorded if applicable. The form of security shall be one or more of the following or a combination as authorized in Government Code Section 66499(a):
A.
Bond or bonds by one or more duly authorized corporate sureties licensed to operate in California and signed by an agent headquartered in California. The form of the bond or bonds shall be in accordance with Government Code Sections 66499.1 and 66499.2 and bond form(s) shall be approved by the City Attorney.
B.
A deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the local agency, of money or negotiable bonds of the kind approved for securing deposits of public moneys.
C.
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 percent 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.
D.
A recorded lien upon the property to be divided, created by contract between the owner and the local agency, if the local agency finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map.
E.
Any recorded form of security, including security interests in real property having a value of not less than 100 percent of the required security, which is in a form acceptable to the City Attorney, subject to the approval of the City Manager, to guarantee the construction of the improvements.
(§ 5, Ord. 1085, eff. January 6, 2006)
A.
Commencement of improvements. Except as authorized by a Specific Plan or Development Agreement, grading of the proposed subdivision, or any disturbance of the land not exempted from the grading ordinance, including clearing and grubbing, and the construction of any improvements shall not begin until the City Engineer has approved all improvement plans for the proposed project in compliance with Section 9-64.050 (Improvement Plans) and until any required development permit has been issued.
B.
Work in compliance with standards and approved plans. All work shall be performed in compliance with the standards as identified in Section 9-64.050(B), the approved plans, and any special requirements, conditions, or specifications that are made a part of the permits. The City Engineer may authorize work which deviates from the standards, and approved plans shall constitute such authorization where specific design has been provided which deviates from the standards.
C.
Construction inspection. All improvements are subject to inspection by the City Engineer or authorized agent in compliance with the City's standards, approved plans, permit provisions, and good engineering practice.
1.
Pre-construction conference. Unless waived by the City Engineer, before commencing any construction, the developer shall arrange for a pre-construction conference with the City Engineer. Such conference should include the engineer of record, the prime contractor, and any outside agency or consultant with an interest in the conduct of the work.
2.
Final inspection and deficiency list. Upon completion of the subdivision improvements and with a written statement to this effect by the engineer of record, the developer shall apply in writing to the City Engineer for a final inspection. The City Engineer or authorized representative shall schedule a final inspection.
a.
A deficiency list (final punch list) shall be compiled during the inspection, noting all corrections or any additional work required. If the number of items are excessive or the subdivision appears incomplete, the final inspection may be halted and rescheduled on a date as determined by the City Engineer or authorized representative.
b.
When the final inspection has been completed, a copy of the deficiency list shall be transmitted to the developer for correction.
c.
Upon having completed all corrections or additional work as outlined by the deficiency list, the developer shall certify in writing that all corrections have been completed satisfactorily and request a final acceptance of all improvements.
d.
Upon finding that all items on the deficiency list have been corrected and upon receipt and acceptance of record drawings, final soils/geotechnical report, certification of the project civil engineer, and any other pertinent requirement established by the City Engineer, the subdivision shall be placed on the Council agenda for acceptance of improvements.
e.
The completion of corrections indicated by the deficiency list shall not relieve the developer from the responsibility of correcting any deficiency not shown on the list that may be subsequently discovered.
D.
Completion of improvements. Unless a different time period is specified in the subdivision improvement agreement by the City, the subdivision improvements shall be completed by the developer within 18 months from the approval of the Agreement, and may be extended by the City Engineer, not to exceed a period of 30 months from the original approval of the Agreement, unless a further extension is granted by the Council.
E.
City completion of improvements. Should the developer fail to complete the improvements within the specified time, the City may, by resolution of the Council and at its option, cause any or all uncompleted improvements to be completed, and the parties executing the agreement and the surety or sureties shall be firmly bound for the payment of all necessary costs.
(§ 5, Ord. 1085, eff. January 6, 2006)
A.
Parcel Map and Final Map monuments. At the time of making the survey of a Parcel Map or Final Map, the engineer or surveyor shall set monuments in compliance with Map Act Chapter 4, Article 9. The exterior boundary of the land being subdivided shall be adequately monumented or referenced before the map is recorded. The interior monuments shall be set before Council acceptance of the improvements or within one year following approval of the Final Map, whichever comes later. The monuments shall be set as follows:
1.
Exterior boundary monuments shall be set at or near each boundary corner and at intermediate points approximately 1,000 feet apart, or at the lesser distances as may be necessary due to topography to ensure accuracy in reestablishment of any point or line without unreasonable difficulty;
2.
Centerline monuments shall be set to mark the intersections of all roads, streets, alleys, or ways. Centerline monuments shall also be set to mark either the beginning and end of curves or the points of intersections of tangents thereof; and
3.
Corner monuments shall be set at or near each lot corner, except that the City Engineer may waive certain corner monumenting where standard monumenting would not be feasible or beneficial in retracing a survey.
B.
Monument construction. All exterior boundary monuments shall be of new galvanized iron pipe not less than one and one-half inch inside diameter and 18 inches long or shall be of another type and dimension approved by the City Engineer. Centerline monuments shall be of new galvanized iron pipe not less than one and one-half inches inside diameter and 15 inches long. At locations designated by the City Engineer, not exceeding four per 100 parcels or fraction thereof, monuments constructed to the requirements of the Simi Valley Subdivision Improvement Standards and Specifications shall be placed in lieu of monuments constructed to the standards otherwise specified in this Section. The subdivider shall also provide proper ties to the location of the centerline monuments and these ties shall be shown on a tie sheet of a form approved by the City Engineer.
C.
Monument tie sheet. At the time of the completion of the monuments required in compliance with this Chapter or the Map Act, and as condition precedent to release of the improvement security pertaining to the monuments, the subdivider shall submit to the City Engineer, in a form satisfactory to the City Engineer, a tie sheet showing proper ties to the location of the centerline monuments. A minimum of three ties shall be shown for each centerline monument. All monuments set and tie monuments set shall be permanently marked or tagged with the engineer's or surveyor's registration or license number.
D.
Monument bond. If the monuments are to be set following the submission of the Final Map or Parcel Map to the City Engineer for approval, a bond meeting the requirements identified in the Subdivision Map Act shall be filed. In determining the amount of the bond, the City Engineer shall make the necessary estimate of the cost to set monuments not already existing.
(§ 5, Ord. 1085, eff. January 6, 2006)
A preliminary soils report shall be provided at the time of application by a geotechnical engineer or engineering geologist registered in this State, evaluating and reporting the impact that the subdivision may have upon the environment, to identify issues which may bear upon project feasibility, and to propose satisfactory mitigation. A final soils report shall be provided with the improvement plans to address structural design parameters.
A.
The soils report shall be prepared pursuant to the Guidelines for Geotechnical and Geologic Reports in the City of Simi Valley (Geotechnical Guidelines).
B.
The soils report requirement may be waived by the City Engineer upon a determination that sufficient and adequate soils information exists in the City records regarding the subdivision, and therefore no additional analysis is necessary.
C.
The geotechnical report shall verify that a suitable building site can be provided for each parcel which is safe from settlement, landslide, mudslide, and seismic hazards and which can be provided with reasonable access.
(§ 5, Ord. 1085, eff. January 6, 2006)
64 - Subdivision Design and Improvement Requirements
This Article establishes standards for the design and layout of subdivisions, and the design, construction or installation of public improvements within subdivisions. The purpose of these standards is to ensure, through careful site evaluation and design, the creation of new usable parcels that are consistent with the General Plan and any applicable Specific Plan.
(§ 5, Ord. 1085, eff. January 6, 2006)
The requirements of this Article apply as follows:
A.
Extent of required improvements. Each subdivision shall provide the improvements required by this Article, and any additional improvements required by conditions of approval.
B.
Applicable design standards. As authorized by Map Act Section 66462(b), Ventura County Road Standards, the current edition of Standard Plans and Standard Specifications for Public Works Construction (Green Book), Ventura County Land Development Manual, Ventura County Waterworks District No. 8 Water Design and Construction Standards, City Wastewater Design and Construction Standards, Ventura County Flood Control Manual, City Geotechnical Guidelines, Ventura Countywide Stormwater Quality Management Technical Guidance Manual, and any other standards adopted by the Council are hereby adopted by reference and all subdivision improvements shall be designed and installed in compliance with these standards and specifications, and the amendments and additions made from time to time by the Council. In the event of conflict between the specifications, the City Engineer's decision shall be final as to which improvement standard is applicable.
C.
Subdivision improvement standards - Conditions of approval. The improvement and dedication requirements of this Article and any other improvements and dedications required by the review authority in compliance with Section 9-61.050 (Tentative Map Public Hearing and Action), shall be described in conditions of approval adopted for each approved Tentative Map (Section 9-61.070). The design, construction or installation of all subdivision improvements shall comply with Subsection B.
D.
Conflicting provisions. In the event of any conflict between the provisions of this Article and other provisions of this Development Code, or other provisions of the Municipal Code, the most restrictive provisions shall control. In the event of any conflict between the provisions of this Article and the Map Act, the Map Act shall control.
E.
Supplemental capacity. The City may require that improvements installed by the subdivider for the benefit of the subdivision shall contain supplemental sizes, capacity, or number for the benefit of property not within the subdivision and that the improvements be dedicated to the City.
1.
Public hearing and findings. The Council shall hold a public hearing in compliance with Map Act Section 66451.3 before establishing any charge, area of benefit, or local benefit district. Before the establishment of a charge, area of benefit, or local benefit district, the Council shall find that the fee or charge and the area of benefit or local district is reasonably related to the cost of the supplemental improvement and the actual ultimate beneficiaries thereof.
2.
Notice of hearing. In addition to the notice required by Map Act Section 66451.3, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment role, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. The notices shall be mailed at least 10 days before the date established for hearing.
3.
Reimbursement of subdivider. Pursuant to the adopted Master Plan of Drainage, the Sewer Master Plan Update, and the City and County Traffic Impact Fee programs, the City may impose a reasonable charge on property within the area benefited and may provide for the collection of the charges as identified in Map Act Sections 66483, 66483.1, 66483.2 and 66484. Alternatively, the conditions of approval of a project may require supplemental facilities, or the construction of intersections or thoroughfares, in excess of the construction required for the project, and authorize a reimbursement agreement in compliance with Map Act Section 66486 whereby subsequent development benefiting from such facilities shall provide reimbursement.
F.
Exceptions. Exceptions to the provisions of this Article may be requested and considered in compliance with Section 9-60.100 (Exceptions to Subdivision Standards).
(§ 5, Ord. 1085, eff. January 6, 2006)
A.
Access and rights-of-way.
1.
Each parcel shall have direct access to a public street, except where private street, common driveway or other access easement rights are specifically approved by the Director and the City Engineer and made a matter of record in the Ventura County Recorders office. The access easement shall be reserved on the map in perpetuity for the benefit of the affected parcels.
2.
The street layout of a proposed subdivision shall be consistent with all street right-of-way designations shown on the Circulation Element of the General Plan or any applicable specific plan at the time the Tentative Map is approved. For alignments not shown on the Circulation Element of the General Plan, the City Engineer shall approve alignments that are consistent with the General Plan or any applicable specific plan.
B.
Drainage and drainage easements.
1.
The design of a proposed subdivision shall provide for the proper drainage of the proposed subdivision, including all parcels and improvements, based on the runoff that can be anticipated from ultimate development of the watershed area in which the subdivision is located. Stormwater detention measures shall be provided to limit project runoff to a 10-year-developed storm event, and additional detention shall be provided to the extent possible when required by the City Engineer to reduce any adverse effects of runoff on downstream properties, whether due to quantity, frequency, or lack of downstream capacity.
2.
The design shall ensure that there are no undrained depressions. Rights-of-way shall be provided within the proposed subdivision to provide for flood control channels and conduits, or laterals thereto, which may be constructed within or abutting the proposed subdivision and which are included in the Comprehensive Plan of Flood Control Channels approved by the Board of Supervisors of the Ventura County Watershed Protection District and the Simi Valley Master Plan of Drainage. Access to open channels included in the Comprehensive Plan of Flood Control Channels shall be provided along the entire length of the channel. Access to public underground drainage conduits shall be provided by an easement of not less than 15 feet in width centered directly above the entire length of the conduit.
3.
The proposed subdivision shall be designed to protect the parcels and improvements, both within the subdivision and of abutting properties, from offsite drainage or flood damage. Offsite storm drain improvements may be required to satisfy this requirement. The design shall also ensure that all public facilities (e.g., sewer, gas, electric and water systems) are located, elevated, and constructed so as to minimize or eliminate flood damage. Further, the design shall provide that any concentrations or increases of surface water received by or resulting from the development of the proposed subdivision are conveyed by means of adequate facilities to a suitable natural watercourse in the area or other drainage facility approved by the City Engineer. Offsite rights-of-way as may be necessary for the facilities shall be provided by the subdivider subject to review and approval by the City Engineer. All rights-of-way required to be provided in compliance with this Section shall be offered for dedication at the time the Parcel Map or Final Map is filed for approval.
4.
All subdivisions shall comply with the City's Flood Damage Prevention Ordinance SVMC Section 7-5.101 et seq., and if applicable, pertinent FEMA regulations. All subdivisions shall provide for construction of drainage facility in compliance with the City's Master Plan of Drainage. At the City Engineer's discretion, pro-rata share payment, based upon developable project area within a drainage area or other applicable formula as determined by the City Engineer, to equitably distribute costs within a watershed, may be allowed in lieu of construction of Master Plan of Drainage facilities.
C.
Grading and erosion control. Every map which proposes grading shall comply with the requirements in this Article and with the Grading Ordinance (California Building Code Appendix Chapter 33, SVMC Section 8-4.01 et seq.) and the Stormwater Quality Management Program, SVMC Section 6-12.101 et seq., for grading and erosion control, including the prevention of sedimentation or damage to offsite property.
D.
Parcel requirements. Each parcel in a proposed subdivision shall comply with all applicable requirements of this Development Code before the application is deemed complete, unless a Variance is being requested as part of the application.
E.
Sanitary sewer service. Whenever a proposed subdivision is located within reasonable proximity to a public sewer service area, the public sewer shall be extended by the subdivider to provide sewer service for the proposed subdivision. Upon application of the subdivider, with concurrence of the State and County health agencies, the Commission may waive the requirements of this Section for good cause shown at the time the Tentative Map is submitted for approval.
F.
Street lighting. Before approval of a Parcel Map or Final Map, the subdivider shall cause the area within the subdivision to be annexed into the Simi Valley Lighting Maintenance District, which is the district providing street lighting. The Advisory Agency may waive this requirement for Parcel Maps if it finds that inclusion within a service area is unnecessary because of the size or location of the proposed parcels or that inclusion could be more appropriately a condition of approval of a future development.
G.
Utility easements. Whenever possible, utilities in a proposed subdivision required pursuant to this Article, shall be placed in easements of sufficient width located along parcel lines.
H.
Water service. Whenever a proposed subdivision is located within the jurisdiction of a public water agency willing and able to provide water service to the parcels, that public water agency shall be chosen as the water purveyor for the proposed subdivision. Where an adjoining water agency can better provide the services, is willing to provide the service, and has the concurrence of the water agency having jurisdiction, the service to the project shall be provided by the adjoining water agency. Upon application of the subdivider and concurrence of the State and County health agencies, the Commission may waive the requirements of this Section at the time the Tentative Map is submitted for approval.
(§ 5, Ord. 1085, eff. January 6, 2006)
All streets, curbs, gutters, sidewalks, street signs, underground utilities, and other public infrastructure required to be constructed by a subdivision shall be installed or improved in compliance with the standards specified in the Simi Valley Subdivision Improvement Standards and Specifications in effect at the time of construction.
A.
Extent of improvements required.
1.
Requirements for parcel maps of four or fewer parcels. Required subdivision improvements for Parcel Maps of four or fewer parcels shall comply with Map Act Section 66411.1.
2.
Requirements for parcel maps and final maps.
a.
As a condition of approval of a Parcel Map or Final Map, the subdivider shall dedicate or make irrevocable offers of dedication of streets, access rights and abutters rights, drainage facilities, public utility easements, and other public easements, the need for which is generated by the project.
b.
In addition, before the approval of a Parcel Map, where public improvements or grading other than that allowable under a Single-Family Residential Building Permit are required, or of a Final Map, the subdivider shall complete or enter into an agreement with the City to complete (with proper securities) all grading, streets, drainage facilities, common area landscaping, public utility infrastructure, and other public facilities necessary to support the proposed subdivision.
3.
Improvement requirements for designated remainder parcels. Improvement requirements for designated remainder parcels shall comply with Map Act Section 66424.6.
B.
Abandoned pipelines. All abandoned underground pipes and openings encountered during construction of any improvements in the subdivision shall be removed by the subdivider or sealed in a manner satisfactory to the City Engineer.
C.
Drainage.
1.
Compliance with Master Plan and standards. Subject to the provisions of this Chapter, all facilities for drainage, including detention facilities, required for the proposed subdivision, regardless of location, shall be constructed by the subdivider in compliance with the City's Master Plan of Drainage and the requirements specified in the Simi Valley Subdivision Improvement Standards and Specifications in effect at the time of construction.
Pad elevations shall be designed so that all structures (buildings) shall have finished floors a minimum of one foot above any 100-year frequency storm flow or detention basin high water level.
2.
Stormwater detention basins. Detention basins shall be required for all subdivisions other than single-family residential subdivisions of four or fewer parcels, unless required pursuant to Subsection 3, below, and shall be built on privately owned property and shall be privately funded for maintenance purposes, except when the conditions of approval require dedication to the Ventura County Watershed Protection District and the District accepts the facility. Detention shall be not less than 1,000 cubic feet per acre of developed property when the project is 10 acres or less, and may be based on the hydrograph flood routing method with 10-year developed runoff for larger sites.
Additional detention shall be provided to the extent possible when required by the City Engineer to reduce the effects of runoff on downstream properties, whether due to quantity, frequency, or lack of downstream capacity.
3.
Stormwater Quality Management Program. All projects shall comply with the Ventura Countywide Stormwater Quality Management Program, Ordinance 1004, SVMC Section 6-12.101 et seq.
D.
Fences and walls.
1.
Required masonry walls and fences. Where determined by the Advisory Agency to be necessary for public welfare and safety, the subdivider shall construct freestanding masonry walls, wrought iron fencing, or a combination of both, which shall be approved as to type, size, and specifications by the Director along or at the following locations:
a.
On all parcel lines of the subdivision which adjoin drainage channels;
b.
Adjacent to all railroad rights-of-way which abut or pass through the subdivision;
c.
Adjacent to all major highway rights-of-way, as shown on the Circulation Element of the General Plan or any applicable specific plans, which abut or pass through the subdivision;
d.
Adjacent to all publicly owned property; and/or
e.
As required as a condition of approval of the map.
2.
Fencing of drainage channels in future phases. If a Final Map which does not include the entire Tentative Map area is submitted for approval, flood control and drainage channels within the Tentative Map area shall be fenced with permanent or temporary fencing or walled. 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 Map.
3.
Alternative materials. Textured block walls, chain link type fencing, ornamental wrought iron, heavy landscaping, or other appropriate fencing or combination thereof as approved by the Director may be substituted for masonry walls, which are otherwise required under by this Subsection.
4.
Timing of installation. All fences and walls required in compliance with this Section shall be completed before occupancy of the structures within any portion of the development in close proximity to areas requiring the fences or walls.
5.
Placement and maintenance. All fences and walls required by this Section shall be installed on private property and privately maintained.
E.
Fire protection. As a part of the water supply installed in the proposed subdivision, the subdivider shall install water mains, fire hydrants, gated connections and other fire protection facilities deemed necessary by the Ventura County Fire Protection District to provide adequate fire protection to the proposed subdivision. The installation shall be in compliance with the requirements specified in the Simi Valley Subdivision Improvement Standards and Specifications in effect at the time of construction.
F.
Streets.
1.
Barricades. Barricades conforming to City standards shall be constructed by the subdivider at the ends of all streets abutting undeveloped property adjacent to the proposed subdivision.
2.
Street names and traffic signs. Street name signs shall be installed by the subdivider at all intersections within the subdivision. Traffic control devices and signs shall be installed by the subdivider as specified by the City Traffic Engineer. All traffic control devices and signs shall conform to applicable laws and regulations.
3.
Street lights. Marbelite street light poles and luminaries shall be installed per the size and location, per the Simi Valley Improvements Standards and Specifications in effect at the time of construction and as specified by the City Traffic Engineer.
4.
Street tree planting. The improvement agreement executed in compliance with Section 9-68.080 shall include security for the planting within parkways or public service easements along sidewalks within the subdivision of at least one tree for each 50 feet of street frontage. The trees planted shall be of a type approved by the City, per the City's approved Street Tree List. A schematic plan for the proposed tree planting showing the type and location of the trees shall be submitted to the Director for approval before installation of the trees. Installation of the trees shall be completed before the occupancy of any development requiring street trees.
G.
Underground utilities. Except as otherwise provided in this Chapter of in Section 9-30.090, existing and proposed utilities including electric lines, communication lines, cable television lines, street lighting power supply lines, and appurtenances thereto, shall be placed underground and all such utility facilities including service laterals shall be installed in the ground before the paving of the streets. The City Engineer may authorize installation of utility facilities after street improvements are installed if the installation will not require reconstruction or repair of the street improvements or if unusual circumstances warrant. All necessary arrangements for the installation of utilities shall be made with the operator of each proposed subdivision utility system in compliance with this Section. Certain utility appurtenances including transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts used in connection with underground facilities which cannot be placed underground without unreasonable expense may be placed on the surface of the ground if so approved by the City Engineer. The request shall be made at the time of approval of the Tentative Map.
H.
Water supply and sewage collection. Except as otherwise provided in this Chapter, and subject to the provisions of this Chapter, sewers and an adequate domestic water supply system shall be installed by the subdivider in each proposed subdivision and connections thereto made from each parcel within the subdivision.
I.
Water wells. All water wells within the proposed subdivision to be abandoned shall be sealed in a manner satisfactory to the Environmental Health Division of the Resource Management Agency of Ventura County. All water wells not abandoned shall be delineated as supplemental information pursuant to Section 9-62.070, and measures satisfactory to the City Engineer shall be taken to prevent injury to persons or property by use of appropriate physical barricades and by use of deed restrictions.
J.
Telephone service. Telephone service shall be installed by the subdivider in each proposed subdivision and connections thereto made from each parcel within the subdivision.
K.
TV cable service. Cable TV service shall be installed by the subdivider in each proposed subdivision and connections thereto made from each parcel within the subdivision.
(§ 5, Ord. 1085, eff. January 6, 2006)
The subdivider's registered civil engineer shall prepare plans and specifications for improvements, except monuments, required for the proposed subdivision by this Chapter or the Subdivision Map Act as follows.
A.
Preparation of improvement plans. Improvement plans shall be printed or drawn clearly and legibly, with waterproof opaque ink, or reproduced by a process which results in a permanent record which will permit direct reproductions. Each sheet shall be 24 inches vertically by 36 inches horizontally with a marginal line drawn completely around each sheet, leaving an entirely blank margin of one and one-half inches on the left side and one-half inch on the other three sides. Text shall not be less than 0.08 inches in size. If the improvement 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. The final submitted improvement plans shall be legibly drawn to a horizontal scale where one inch equals 40 feet and a vertical scale of one inch equals four feet where applicable. A different scale may be used with the approval of the City Engineer. Preprinted standard title cover sheets for the improvements plans may be obtained from the City Engineer. The City Engineer shall charge the nominal cost of the title cover sheets to the subdivider. The form of all improvement plans shall conform to any reasonable additional requirements as may be established by the City Engineer.
B.
Standards. Standards shall be as provided in Section 9-64.020(B). All required improvements shall be made in compliance with the standards, unless a specific alternate design is approved. The specifications shall also apply to any improvements authorized by the City in advance of planned land development.
C.
Grading plans included in improvement plans. Improvement plans are required for both Parcel Maps and Final Maps and shall also include complete grading plans, except where stormwater detention and public improvements are not required. Grading plans for projects in excess of one acre shall be accompanied by a Stormwater Pollution Control Plan (SWPCP) or Stormwater Pollution Prevention Plan (SWPPP) providing for the control of illicit discharge, including prevention of sedimentation and damage to offsite property, in compliance with Map Act Section 66411 and the Ventura Countywide Stormwater Quality Management Program.
D.
Content of improvement plans. Improvement plans shall be prepared according to good engineering practice and the standards of the City or other entity having jurisdiction, under the direction of, and shall be signed by, a State registered civil engineer. The improvement plans shall show the complete plans, profiles, and details for all public and quasi-public improvements to be placed in a proposed subdivision, the location of retaining walls, including all grading and street work, curbs, gutters, sidewalks, drainage channels and structures, all underground utilities to be installed by the subdivider including all appurtenances thereto located within the right-of-way, bridges if constructed in conjunction with subdivision improvements, storm drains and culverts, the location of fire hydrants, and street lights, and other improvements which may be required to complete the work.
E.
Cost estimate. An estimate of the cost of the improvements to the proposed subdivision shall be prepared by the subdivider utilizing City supplied unit prices and cost estimate forms and shall accompany the improvement plans with the first submittal. They shall thereafter be updated with changes to the plans. Cost estimates shall include a separate item for contingencies in the amount of 15 percent of the estimated cost. Upon consideration of the estimate submitted by the subdivider, the City Engineer shall determine the estimated value of the improvement securities for the proposed subdivision.
F.
Changes in improvement plans. Subsequent to signed approval of the subdivision improvement plans by the City Engineer, no change shall be made to the plans without prior approval of the City Engineer. Changes approved by the City Engineer may require a change order or may be approved as an as-built change. Each request for a change order shall be accompanied by the fee required by the City Schedule of Service Charges.
G.
Approval of improvement plans. The City Engineer, or the engineer for any other entity having jurisdiction over the improvements shown in the improvement plans shall review the plans, and, only if the plans fully comply with the requirements of the Map Act, this Chapter and the rules or regulations of the other entity, and substantially comply with the Tentative Map, shall the applicable engineer sign the improvement plans. The review and approval or disapproval of improvement plans by the applicable engineer shall comply with Map Act Section 66456.2.
H.
Record drawings (as-builts). At the time of completion of the improvements, required in compliance with this Chapter, and as a condition precedent to both the final inspection by the City Engineer and the exoneration of the improvement security, the subdivider shall submit two sets of prints and the original ink improvement plans which have been modified to reflect the improvements as constructed, with each sheet marked "Record Drawing" in one-half inch letters. The subdivider's project engineer of record shall also certify that all improvements have been constructed in compliance with the requirements of this Chapter and the approved plans as modified. A DXF or ArcInfo file, or other format as may be approved from time to time, of the record drawings shall also be provided.
(§ 5, Ord. 1085, eff. January 6, 2006)
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)
Any improvement, contract, or act required or authorized by the Subdivision Map Act, for which security is required by the Subdivision Map Act or this Chapter, shall be secured in the manner and amounts provided in Government Code Section 66499(a) and this Article. No Final Map or Parcel Map shall be signed by the City Engineer or submitted for approval until all improvement securities required by the Subdivision Map Act and this Article have been received and recorded if applicable. The form of security shall be one or more of the following or a combination as authorized in Government Code Section 66499(a):
A.
Bond or bonds by one or more duly authorized corporate sureties licensed to operate in California and signed by an agent headquartered in California. The form of the bond or bonds shall be in accordance with Government Code Sections 66499.1 and 66499.2 and bond form(s) shall be approved by the City Attorney.
B.
A deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the local agency, of money or negotiable bonds of the kind approved for securing deposits of public moneys.
C.
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 percent 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.
D.
A recorded lien upon the property to be divided, created by contract between the owner and the local agency, if the local agency finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map.
E.
Any recorded form of security, including security interests in real property having a value of not less than 100 percent of the required security, which is in a form acceptable to the City Attorney, subject to the approval of the City Manager, to guarantee the construction of the improvements.
(§ 5, Ord. 1085, eff. January 6, 2006)
A.
Commencement of improvements. Except as authorized by a Specific Plan or Development Agreement, grading of the proposed subdivision, or any disturbance of the land not exempted from the grading ordinance, including clearing and grubbing, and the construction of any improvements shall not begin until the City Engineer has approved all improvement plans for the proposed project in compliance with Section 9-64.050 (Improvement Plans) and until any required development permit has been issued.
B.
Work in compliance with standards and approved plans. All work shall be performed in compliance with the standards as identified in Section 9-64.050(B), the approved plans, and any special requirements, conditions, or specifications that are made a part of the permits. The City Engineer may authorize work which deviates from the standards, and approved plans shall constitute such authorization where specific design has been provided which deviates from the standards.
C.
Construction inspection. All improvements are subject to inspection by the City Engineer or authorized agent in compliance with the City's standards, approved plans, permit provisions, and good engineering practice.
1.
Pre-construction conference. Unless waived by the City Engineer, before commencing any construction, the developer shall arrange for a pre-construction conference with the City Engineer. Such conference should include the engineer of record, the prime contractor, and any outside agency or consultant with an interest in the conduct of the work.
2.
Final inspection and deficiency list. Upon completion of the subdivision improvements and with a written statement to this effect by the engineer of record, the developer shall apply in writing to the City Engineer for a final inspection. The City Engineer or authorized representative shall schedule a final inspection.
a.
A deficiency list (final punch list) shall be compiled during the inspection, noting all corrections or any additional work required. If the number of items are excessive or the subdivision appears incomplete, the final inspection may be halted and rescheduled on a date as determined by the City Engineer or authorized representative.
b.
When the final inspection has been completed, a copy of the deficiency list shall be transmitted to the developer for correction.
c.
Upon having completed all corrections or additional work as outlined by the deficiency list, the developer shall certify in writing that all corrections have been completed satisfactorily and request a final acceptance of all improvements.
d.
Upon finding that all items on the deficiency list have been corrected and upon receipt and acceptance of record drawings, final soils/geotechnical report, certification of the project civil engineer, and any other pertinent requirement established by the City Engineer, the subdivision shall be placed on the Council agenda for acceptance of improvements.
e.
The completion of corrections indicated by the deficiency list shall not relieve the developer from the responsibility of correcting any deficiency not shown on the list that may be subsequently discovered.
D.
Completion of improvements. Unless a different time period is specified in the subdivision improvement agreement by the City, the subdivision improvements shall be completed by the developer within 18 months from the approval of the Agreement, and may be extended by the City Engineer, not to exceed a period of 30 months from the original approval of the Agreement, unless a further extension is granted by the Council.
E.
City completion of improvements. Should the developer fail to complete the improvements within the specified time, the City may, by resolution of the Council and at its option, cause any or all uncompleted improvements to be completed, and the parties executing the agreement and the surety or sureties shall be firmly bound for the payment of all necessary costs.
(§ 5, Ord. 1085, eff. January 6, 2006)
A.
Parcel Map and Final Map monuments. At the time of making the survey of a Parcel Map or Final Map, the engineer or surveyor shall set monuments in compliance with Map Act Chapter 4, Article 9. The exterior boundary of the land being subdivided shall be adequately monumented or referenced before the map is recorded. The interior monuments shall be set before Council acceptance of the improvements or within one year following approval of the Final Map, whichever comes later. The monuments shall be set as follows:
1.
Exterior boundary monuments shall be set at or near each boundary corner and at intermediate points approximately 1,000 feet apart, or at the lesser distances as may be necessary due to topography to ensure accuracy in reestablishment of any point or line without unreasonable difficulty;
2.
Centerline monuments shall be set to mark the intersections of all roads, streets, alleys, or ways. Centerline monuments shall also be set to mark either the beginning and end of curves or the points of intersections of tangents thereof; and
3.
Corner monuments shall be set at or near each lot corner, except that the City Engineer may waive certain corner monumenting where standard monumenting would not be feasible or beneficial in retracing a survey.
B.
Monument construction. All exterior boundary monuments shall be of new galvanized iron pipe not less than one and one-half inch inside diameter and 18 inches long or shall be of another type and dimension approved by the City Engineer. Centerline monuments shall be of new galvanized iron pipe not less than one and one-half inches inside diameter and 15 inches long. At locations designated by the City Engineer, not exceeding four per 100 parcels or fraction thereof, monuments constructed to the requirements of the Simi Valley Subdivision Improvement Standards and Specifications shall be placed in lieu of monuments constructed to the standards otherwise specified in this Section. The subdivider shall also provide proper ties to the location of the centerline monuments and these ties shall be shown on a tie sheet of a form approved by the City Engineer.
C.
Monument tie sheet. At the time of the completion of the monuments required in compliance with this Chapter or the Map Act, and as condition precedent to release of the improvement security pertaining to the monuments, the subdivider shall submit to the City Engineer, in a form satisfactory to the City Engineer, a tie sheet showing proper ties to the location of the centerline monuments. A minimum of three ties shall be shown for each centerline monument. All monuments set and tie monuments set shall be permanently marked or tagged with the engineer's or surveyor's registration or license number.
D.
Monument bond. If the monuments are to be set following the submission of the Final Map or Parcel Map to the City Engineer for approval, a bond meeting the requirements identified in the Subdivision Map Act shall be filed. In determining the amount of the bond, the City Engineer shall make the necessary estimate of the cost to set monuments not already existing.
(§ 5, Ord. 1085, eff. January 6, 2006)
A preliminary soils report shall be provided at the time of application by a geotechnical engineer or engineering geologist registered in this State, evaluating and reporting the impact that the subdivision may have upon the environment, to identify issues which may bear upon project feasibility, and to propose satisfactory mitigation. A final soils report shall be provided with the improvement plans to address structural design parameters.
A.
The soils report shall be prepared pursuant to the Guidelines for Geotechnical and Geologic Reports in the City of Simi Valley (Geotechnical Guidelines).
B.
The soils report requirement may be waived by the City Engineer upon a determination that sufficient and adequate soils information exists in the City records regarding the subdivision, and therefore no additional analysis is necessary.
C.
The geotechnical report shall verify that a suitable building site can be provided for each parcel which is safe from settlement, landslide, mudslide, and seismic hazards and which can be provided with reasonable access.
(§ 5, Ord. 1085, eff. January 6, 2006)