[Ord. #87-017, A9, § 31.901]
a.
The subdivider shall construct all required improvements, both on
and off site, in accordance with the standard engineering specifications
and other approved standards as provided by this chapter and by the
City Council's resolution or resolutions establishing such standards.
b.
No final map shall be presented to the Council or parcel map to the
City Engineer for approval until the subdivider either completes the
required improvements or enters into an agreement with the City agreeing
to do the work.
c.
Street improvements shall conform with the pattern of thoroughfares
designated in the General Plan, any adopted specific plan, and to
any future rights-of-way established by the Planning and Zoning Commission
and approved by the City Council.
[Ord. #87-017, A9, § 31.902]
a.
General. All improvements as may be required as conditions of approval of the tentative map or City ordinance, together with but not limited to, the following shall be required of all subdivisions. Requirements for construction of on-site and off-site improvements for subdivisions of four (4) or less parcels shall be noted on the parcel map, or waiver of parcel map or the subdivision improvement agreement recorded prior to or concurrent with the parcel map. Completion of improvements shall be in accordance with subsection 22-9.6.
b.
Frontage Improvements. The frontage of each lot shall be improved
to its ultimate adopted geometric section, including street, structural
section, curbs, sidewalks, driveways, approaches and transitions,
except as otherwise approved by resolution or administrative policy.
c.
Storm Drainage. Storm water runoff from the subdivision shall be
collected and conveyed by an approved storm drain system. The storm
drain system shall be designed for ultimate development of the watershed.
The storm drain system shall provide for the protection of abutting
and off-site properties that would be adversely affected by any increase
in runoff attributed to the development. Off-site storm drain improvements
may be required to satisfy this requirement.
d.
Sanitary Sewers. Each unit or lot within the subdivision shall be
served by an approved sanitary sewer system.
e.
Water Supply. Each unit or lot within the subdivision shall be served
by an approved domestic water system.
f.
Utilities. Each unit or lot within the subdivision shall be served
by gas (if required), electric, telephone and cablevision facilities.
g.
Underground Utilities.
1.
All existing and proposed utilities within the subdivision and along
peripheral streets shall be placed underground except those facilities
exempted by the Public Utilities Commission regulations.
2.
The developer may request that the undergrounding requirement along
peripheral streets be waived by the Planning and Zoning Commission.
The Commission may, at its discretion, accept a fee in lieu of the
undergrounding. The amount of fee shall be determined by the City
Engineer and shall be based upon the reasonable estimated cost of
that portion of a future undergrounding project attributable to the
subdivision. The requirement for undergrounding or acceptance of an
in lieu or undergrounding fee shall be a condition of approval of
the tentative map.
3.
Undergrounding requirements may be waived or modified by the City
engineer only upon finding:
(a)
The subdivision is within an area where existing utilities have
not been undergrounded and that deferral will be allowed since undergrounding
is impractical due to physical constraints, or the surrounding neighborhood
is absent of similar improvements; and
(b)
Overhead utilities will have no significant visual impact.
4.
If the undergrounding requirement is waived as allowed by findings
(a) and (b) above, the in lieu fee as established by the City Engineer
shall be made a condition of approval of the tentative map.
5.
In lieu fees shall be deposited in a special undergrounding account
to be used as approved by the City Council for future undergrounding
of utilities throughout the City.
h.
Other Improvements. Other improvements, included but not limited
to lights, signs, street lines and markings, bicycle facilities, fences,
fire hydrants, street trees, monuments, smoke detectors or fees in
lieu of any of the foregoing shall also be required as determined
by the City Engineer in accordance with City standards and specifications,
the General Plan and any applicable specific plan.
i.
Off-Site Improvements. If the subdivider is required to construct
improvements on land in which neither the City or the subdivider have
sufficient title or interest to allow construction, the City shall,
within one hundred twenty (120) days of recording the final map, acquire
by negotiation or commence condemnation of the land. If the City fails
to meet the one hundred twenty (120) day time limit, the condition
for the construction shall be waived. Prior to approval of the final
map, the City may require the subdivider to enter into an agreement
to complete the off-site improvements at the time the City acquired
title or interest in the land.
The subdivider shall pay the cost of acquiring off-site property
or interest in the land required to construct the off-site improvements.
[Ord. #87-017, A9, § 31.903]
a.
Subdivisions of Four (4) or Less Parcels. The frontage improvements
along existing peripheral streets may be deferred when deemed necessary
by the City Engineer. When improvements are deferred the subdivider
shall enter into an agreement with the City in a form acceptable by
the City Engineer and City Attorney for the installation of all frontage
improvements at a time in the future as specified by the City. The
City Council shall execute the agreement on behalf of the City. The
agreement shall provide for the following:
1.
Construction of improvements shall commence within ninety (90) days of the receipt of the notice to proceed from the City, and shall be completed within the time specified in subsection 22-9.11.
2.
That in event of default by the owner, successors or assigns, the
City is authorized to cause construction to be done and charge the
entire cost and expense to owner, successors or assigns, including
interest from the date of notice of the cost and expense until paid.
3.
That this agreement shall be recorded in the office of the Recorder
of Alameda County, California, at the expense of the owner and shall
constitute notice to all successors and assigns of the title to the
real property of the obligation set forth, and also a lien in an amount
to fully reimburse the City, including interest as above, subject
to foreclosure in event of default in payment.
4.
That in event of litigation occasioned by any default of the owner,
successors, or assigns, the owner, successors or assigns agree to
pay all costs involved, including reasonable attorney's fees, and
that the same shall be a part of the lien against the real property.
5.
That the term "owner" and subdivider shall include not only the present
owner and subdivider but also heirs, successors, executors, administrators
and assigns, it being the intent of the parties that the obligations
undertaken shall run with the real property and constitutes a lien
against it.
7.
Any other provisions required by the City as reasonably necessary
to effectuate the purposes and provisions of the Subdivision Map Act
and this Code. The agreement shall not relieve the owner or subdivider
from any other specific requirements. The construction of deferred
improvements shall conform to the provisions of this chapter and all
applicable sections of the Municipal Code in effect at the time of
construction.
b.
Remainders. Where remainders are made part of a final or parcel map,
the subdivider may enter into an agreement with the City to construct
improvements within the remainder at some future date and prior to
the issuance of a permit or other grant of approval for the development
of a remainder parcel. The improvements shall be at the subdivider's
expense. In the absence of an agreement, the City may require fulfillment
of the construction requirements within a reasonable time following
approval of the map, upon a finding that fulfillment of the construction
requirements is necessary for reasons of:
[Ord. #87-017, A9, § 31.904]
a.
General. The design and layout of all required improvements both
on and off site, private and public, shall conform to generally acceptable
engineering standards, standard engineering specifications, the Subdivision
Map Act and applicable provisions of this Code.
b.
Energy Conservation. The design of a subdivision for which a tentative
map is required shall provide to the extent feasible, for future passive
or natural heating or cooling opportunities in the subdivision.
Examples of passive or natural heating opportunities in subdivision
design include design of lot size and configuration to permit orientation
of a structure in an east-west alignment for southern exposure; and
to permit orientation of a structure to take advantage of shade or
prevailing breezes.
In providing for future passive or natural heating or cooling
opportunities in the design of a subdivision, consideration shall
be given to local climate, contour, configuration of the parcel to
be divided and other design and improvement requirements. The provision
shall not result in reducing allowable densities, or the percentage
of a lot which may be occupied by a building or structure under applicable
planning and zoning provisions in force at the time the tentative
map is filed.
The requirements of this subsection do not apply to condominium
projects which consist of the subdivision of airspace in an existing
building when no new structures are added.
For the purpose of this subsection, the term "feasible" shall
mean capable of being accomplished in a successful manner within a
reasonable period of time, taking into account economic, environmental,
social and technological factors.
c.
Cable Television Service. The design of a subdivision for which a
tentative map or parcel map is required shall provide one (1) or more
appropriate cable television systems an opportunity to construct,
install and maintain, on land identified on the map as dedicated or
to be dedicated to public utility use, any equipment necessary to
extend cable television services to each residential parcel in the
subdivision.
For the purpose of this paragraph, "appropriate cable television
systems" shall mean those franchised or licensed to serve the geographical
area in which the subdivision is located.
This paragraph shall not apply to the conversion of existing
dwelling units to condominiums, community apartments or stock cooperatives.
[Ord. #87-017, A9, § 31.905]
All lots or parcels created shall have access to a public street
improved to the standards set forth in this section. Private streets
shall not normally be permitted. However, if the Planning and Zoning
Commission determines that the most logical development of the land
requires that lots be created with access to private streets, such
a development may be approved. The subdivider shall submit a development
plan showing the alignment width, grade and material specifications
of any proposed private street, the topography and means and access
to each lot, and the drainage and sewerage of the lots served by such
private street. The private street shall be constructed in accordance
with standard engineering specifications and any other plans and specifications
of the City as approved by the City Engineer. Construction of the
private street, as approved by the City Engineer, shall be completed
prior to the completion of the construction and/or occupancy of the
lots. The developer shall be required to provide a feasible method
for the maintenance of such private streets, which method shall be
subject to the prior approval of the City Engineer and the City Attorney.
Reserve strips, or non-access at the end of street or at the
boundaries of subdivisions, shall be dedicated unconditionally to
the City when required.
[Ord. #87-017, A9, § 31.906]
a.
General. Improvement plans shall be prepared under direction of and
signed by a registered civil engineer licensed by the State of California.
Improvement plans shall include but not be limited to grading,
storm drains, landscaping, streets and related facilities.
b.
Form. Plans, profiles and details shall be legibly drawn, printed
or reproduced on twenty-four by thirty-six inch (24" x 36") sheets.
A border shall be made on each sheet providing one-half (1/2") inch
at top, bottom and right side and one and one-half (1-1/2") inch on
the left side.
A suitable title block shall be placed in the lower right corner
or along the right edge and provide adequate space for approval by
the City Engineer and for approval of plan revisions.
Plan and profiles shall be drawn to the scale of one inch equals
forty (1" = 40') feet or larger unless approved by the City Engineer.
Details shall be drawn to such scale that clearly shows the facility
being constructed. The scales for various portions of the plans shall
be shown on each sheet.
A vicinity map shall be shown on the first sheet of all sets
of plans.
A north arrow shall be shown on each sheet when applicable.
Plans shall be laid out to orient north to the top or right
edge of the sheet unless approved otherwise by the City Engineer.
All lettering shall be one-eighth (1/8") inch minimum.
If the plans include three (3) or more sheets, a cover sheet
showing the streets, lots, easements, storm drains, index and vicinity
map shall be included.
The form of all plans shall conform to additional requirements
as may be established by the City Engineer. The final form of all
plans shall be approved by the City Engineer.
c.
Contents. The improvement plans shall show complete plans, profiles
and details for all required improvements to be constructed, both
public and private, including common areas.
Reference may be made to City of Albany, Alameda County or State
Standard Plans in lieu of duplicating the drawings.
d.
Supplementary Plans and Calculations. Hydrology, hydraulic plans
and calculations, bond estimates and any structural calculations as
may be required, shall be submitted with the improvement plans to
the City Engineer. All calculations shall be legible, systematic and
signed and dated by a registered civil engineer licensed by the State
of California and in a form approved by the City Engineer.
e.
Review by the City Engineer. The subdivider shall submit the improvement
plans and all computations to the City Engineer for review. Upon completion
of the review, one (1) set of the preliminary plans, with any required
revisions indicated, will be returned to the subdivider's engineer.
f.
Approval by the City Engineer. After completing any required revisions,
the subdivider's engineer shall transmit the originals of the improvement
plans to the City Engineer for signature.
Upon finding that any required revisions have been made and
that the plans conform to all applicable City ordinances and plans,
design requirements and conditions of approval of the tentative map,
the City Engineer shall sign and date the plans. The originals will
be returned to the subdivider's engineer.
Approval of the improvement plans shall not be construed as
approval of the water, gas, electric, telephone and cable television
service construction plans.
Approval by the City Engineer shall in no way relieve the subdivider
or the subdivider's engineer from responsibility for the design of
the improvements and for any deficiencies resulting from the design
or from any required conditions of approval of the tentative map.
g.
Revision to Approved Plans.
1.
By Subdivider. Requests by the subdivider or the engineer for revisions
to the approved plans appearing necessary or desirable during construction
shall be submitted in writing to the City Engineer or authorized representative
and shall be accompanied by revised drawings showing the proposed
revision. If the revision is acceptable to the City Engineer and consistent
with the tentative map, the originals shall be submitted to the City
Engineer's office for initialing. The originals shall be returned
to the subdivider's engineer and the revised plans shall be immediately
transmitted to the City Engineer. Construction of any proposed revision
shall not be permitted to commence until revised plans have been received
and approved by the City Engineer.
2.
By City Engineer. When revisions are deemed necessary by the City
Engineer to protect public health and safety, or as field conditions
may require, a request in writing shall be made to the subdivider
and engineer. The subdivider's engineer shall revise the plans and
transmit the originals to the City Engineer for initialing within
the time specified by the City Engineer.
Upon receipt of the initialed originals, the subdivider's engineer
shall immediately transmit revised drawings to the City Engineer.
Construction of all or any portion of the improvements may be stopped
by the City Engineer until revised drawings have been submitted.
The subdivider may appeal revisions required by the City Engineer
to the City Council by filing an appeal with the City Clerk within
seven (7) working days following receipt of the request to revise
the plans.
3.
Plan Checking and Inspection Costs for Revisions. Costs incurred
by the City for the checking of plans or calculations or inspection
as a result of revisions to the approved plans or calculations or
inspections as a result of revisions to the approved plans shall be
borne by the subdivider at actual cost. A deposit, when required,
shall be submitted with the revised prints and applied toward the
actual costs.
[Ord. #87-017, A9, § 31.907]
The agreement shall be prepared and signed by the City Engineer
and approved as to form by the City Attorney. The agreement shall
provide for:
a.
Construction of all improvements according to the approved plans
and specifications, including any required off-site improvements on
file with the City Engineer.
c.
Right by City to modify plans and specifications, and to require
subdivider to pay for modifications.
d.
Warranty of subdivider that construction will not adversely affect
any portion of adjacent properties.
e.
Payment of inspection fees in accordance with the City's resolution.
f.
Payment of in lieu fees for undergrounding of utilities on peripheral
streets.
g.
Payment of planned drainage facility fees.
h.
Improvement security as required by this section.
i.
Maintenance and repair of any defects or failures and their causes.
j.
Release of the City from any and all liability incurred by the development
and payment of all reasonable attorney's fees that the City may incur
because of any legal action arising from the development.
k.
Any other deposits, fees, reimbursements or conditions as required
by City ordinance or resolution and as may be required by the City
Engineer.
l.
Any other provisions required by the City as reasonably necessary
to effectuate the purposes and provisions of the Subdivision Map Act
and this Code.
[Ord. #87-017, A9, § 31.908]
a.
General. Any improvement agreement, contract or act required or authorized
by the Subdivision Map Act or this chapter, for which security is
required, shall be secured in accordance with Section 66499 of the
Subdivision Map Act and as provided below.
No final map or parcel map shall be signed by the City Engineer
or recorded until all improvement securities required by this subsection
have been received and approved.
b.
Form of Security. The form of security shall be one (1) or the combination
of the following at the option and subject to the approval of the
City.
1.
Bond or bonds by one (1) or more duly authorized corporate sureties.
2.
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 securing deposits of public monies.
3.
An instrument of credit from one (1) 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.
The form of the bond or bonds shall be in accordance with Section
66499.1, 66499.2, 66499.3 and 66499.4 of the Subdivision Map Act.
c.
Amount of Security. A performance bond or security in the amount
of one hundred (100%) percent of the estimated construction cost to
guarantee the construction or installation of all improvements shall
be required of all subdivisions. An additional amount of fifty (50%)
percent of the estimated construction cost shall be required to guarantee
the payment to the subdivider's contractor, subcontractors and to
persons furnishing labor, materials or equipment for the construction
or installation of improvements. As part of the obligation guaranteed
by the security and in addition to the full amount of the security,
there shall be included costs and reasonable expenses and fees, including
attorney's fees, incurred by the City in enforcing the obligations
secured.
The estimate of improvement costs shall be as approved by the
City Engineer and shall provide for:
1.
Not less than five (5%) percent nor more than ten (10%) percent of
the total construction cost for contingencies.
2.
Increase for projected inflation computed to the estimated midpoint
of construction.
3.
All utility installation costs or a certification acceptable to the
City Engineer from the utility company that adequate security has
been deposited to ensure installation.
d.
Cash Bond. The subdivider shall deposit with the City not less than
one thousand ($1,000.00) dollars cash for subdivisions of four (4)
or less parcels, and three thousand ($3,000.00) dollars for other
subdivisions, or an additional amount as required by the City Engineer,
not to exceed one (1%) percent of the construction cost. The deposit
may be used at the discretion of the City to correct deficiencies
and conditions caused by the subdivider or contractor that may arise
during or after the construction of the subdivision. Any unexpended
amount will be returned to the subdivider at the time all bonds are
released.
e.
Warranty Security. Upon acceptance of the subdivision improvements
by the City, the subdivider shall provide security in the amount as
required by the City Engineer to guarantee the improvements against
any defective work or labor done or defective materials used in the
performance of the improvements throughout the warranty period which
shall be the period of one (1) year following completion and acceptance
of the improvements. The amount of the warranty security shall not
be less than ten (10%) percent of the cost of the construction of
the improvements, including the cash bond which shall be retained
for the one (1) year warranty period. In hillside areas, the warranty
security shall not be less than fifty (50%) percent of the construction
cost of improvements.
f.
Reduction in Performance Security. The City Engineer may authorize
in writing the release of a portion of the security in conjunction
with the acceptance of the satisfactory completion of a part of the
improvements as the work progresses upon application by the subdivider,
but in no case shall the security be reduced to less than ten (10%)
percent of the total improvement security given for faithful performance.
The amount of reduction of the security shall be determined by the
City Engineer; however, in no event shall the City Engineer authorize
a release of the improvement security which would reduce security
to an amount below that required to guarantee the completion of the
improvements and any other obligation imposed by this chapter, the
Subdivision Map Act, or the improvement agreement.
g.
Release of Improvement Securities. The performance security shall
be released only upon acceptance of the improvements by the City and
when an approved warranty security has been filed with the City Engineer.
If warranty security is not submitted, performance security shall
be released twelve (12) months after acceptance of improvements and
correction of all warranty deficiencies.
1.
Performance Security. The performance security shall be released
only upon acceptance of the improvements by the City and when an approved
warranty security has been filed with the City Engineer. If warranty
security is not submitted, performance security shall be released
twelve (12) months after acceptance of improvements and correction
of all warranty deficiencies.
2.
Material and Labor Security. Security given to secure payment to
the contractor, subcontractors, and to persons furnishing labor, materials
or equipment may, after six (6) months after the completion and acceptance
of the improvements by the City Council, be reduced to an amount equal
to the amount of all claims therefor filed and of which notice has
been given to the City Council. The balance of the security shall
be released upon the settlement of all claims and obligations for
which the security was given.
3.
Warranty Security. The warranty security shall be released upon satisfactory
completion of the warranty period provided:
[Ord. #87-017, A9, § 31.909]
The construction methods and materials for all improvements
shall conform to the standard plans and specifications of the City.
The general provisions of the City's standard specifications shall
apply to the subdivider where applicable.
Construction shall not commence until required improvement plans
have been approved by the City Engineer. All improvements are subject
to inspection by the City Engineer or authorized personnel in accordance
with the City's approved specifications.
[Ord. #87-017, A9, § 31.910]
a.
Subdivisions of Five (5) or More Parcels. The subdivision improvements
shall be completed by the subdivider within twenty-four (24) months,
or a time as approved by the City Engineer, not to exceed thirty-six
(36) months, from the recording of the final map, unless an extension
is granted by the City Council.
Should the subdivider 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 surety or sureties shall be firmly bound
for the payment of all necessary costs.
b.
Subdivision of Four (4) or Less Parcels. Completion of improvements
will not be required until a permit or other grant approval for the
development of any parcel within the subdivision is applied for. The
completion of the improvements may be required by a specified date
by the City when the completion of the improvements are found to be
necessary for public health or safety or for the orderly development
of the surrounding area. This finding shall be made by the City Engineer
or authorized representative. The specified date, when required, shall
be stated in the subdivision improvement agreement. Improvements shall
be completed prior to final building inspection or occupancy of any
unit within the subdivision.
c.
Extensions. The completion date may be extended by the City Council
for subdivision of five (5) or more parcels and by the City Engineer
for subdivision of four (4) or less parcels upon written request by
the developer and the submittal of adequate evidence to justify the
extension. The request shall be made not less than thirty (30) days
prior to expiration of the subdivision improvement agreement.
The subdivider shall enter into a subdivision improvement agreement
extension with the City. For subdivisions of five (5) or more parcels,
the agreement shall be prepared and signed by the City Engineer, approved
as to form by the City Attorney, executed by the subdivider and surety
and transmitted to the City Council for their consideration. If approved
by the City Council, the Mayor shall execute the agreement on behalf
of the City.
In consideration of a subdivision improvements agreement extension,
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 accordance with revised construction
estimates;
4.
Inspection fees may be increased to reflect current construction
costs but shall not be subject to any decrease or refund.
The City Council may impose additional requirements as recommended
by the City Engineer or as it may deem necessary as a condition to
approving any time extension for the completion of improvements.
The costs incurred by the City in processing the agreement shall
be paid by the subdivider at actual cost.
[Ord. #87-017, A9, § 31.911]
a.
General. When all improvement deficiencies have been corrected and
as built improvement plans submitted, the subdivision improvements
shall be considered by the City for acceptance. Subdivisions of five
(5) or more parcels shall be accepted by the City Council. The City
Engineer or authorized representative shall be responsible for the
acceptance of subdivisions of four (4) or less parcels.
Acceptance of the improvements shall imply only that the improvements
have been completed satisfactorily and that public improvements have
been accepted for public use.
b.
Acceptance. If the subdivision has been accepted by the City and
public improvements have been dedicated on the final map, the City
Clerk shall file an Acceptance of Public Improvements with the County
Recorder. The City Engineer shall file the acceptance of dedications
on parcel maps with the County Recorder.
c.
Acceptance of a Portion of the Improvements. When requested by the
subdivider in writing, the City may consider acceptance of a portion
of the improvements as recommended by the City Engineer. The improvements
will be accepted by the City only if it finds that it is in the public
interest and such improvements are for the use of the general public.
Acceptance of a portion of the improvements shall not relieve
the subdivider from any other requirements imposed by this section.
