Except in special design areas (Section
19-56.100), the improvements required by this title shall be no less than those set forth in the Department of Public Works design manual, the Uniform Building Code, other applicable codes or standards as adopted by the City Council, copies of which are on file in the Office of the City Engineer.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
Improvement work shall not be commenced until plans and profiles
for such work have been submitted to, and approved by, the City Engineer.
Complete and approved plans shall be required before approval of the
final map. All such plans and profiles shall be prepared in accordance
with requirements of the City Engineer. Prior to construction, permits
for improvement work shall be obtained from the Building Division
of the Department of Community Development, the Public Works Department,
Sonoma County Water Agency, and the Department of Transportation (CalTrans),
as necessary.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
All underground construction under paved areas shall be completed
prior to the surfacing of streets, service roads, alleys or highways.
Service laterals for all underground utilities and sanitary sewers
shall be laid to such length as will alleviate the necessity for disturbing
the street or alley improvements when service connections thereto
are made.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
Prior to approval by the City Engineer-Community Development
of any final map (including any final parcel map), the subdivider
shall execute and file an agreement between the subdivider and the
City specifying the period within which the subdivider shall complete
all required improvement work to the satisfaction of the City Engineer-Public
Works and providing that, if the subdivider fails to complete such
work within such period, the City may complete the same and recover
the full cost and expense from the subdivider. The agreement may also
provide:
(A) For the construction of the improvements in phases;
(B) For an extension of time under conditions therein specified;
(C) For the termination of the agreement upon the completion of proceedings
under an assessment district act for the construction of improvements
deemed by the City Engineer to be at least the equivalent of the improvements
specified in such agreement and required to be constructed by the
subdivider;
(D) For progress payments to subdivider, or the subdivider's order, from
any deposit money which subdivider may have made in lieu of providing
a surety bond, as provided herein;
(E) That no such progress payment shall be made for more than 90 percent
of the value of any installment or work and provided that each such
installment of work shall be completed to the satisfaction of the
City Engineer;
(F) For certificates of insurance to the satisfaction of the City Attorney.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998; Ord. 3501 § 2, 2000)
The subdivider shall also file with the required agreement the
following:
(A) A faithful performance bond in an amount equal to 100 percent of
the full estimated cost of the required improvements in a form substantially
as set forth in
Government Code Section 66499.1;
(B) A labor and material bond in an amount equal to 50 percent of the
full estimated cost of the required improvements in a form substantially
as set forth in
Government Code Section 66499.2;
(C) A warranty bond in an amount equal to 10 percent of the full estimated
cost of the required improvements which guarantees and warrants the
improvements for a period of one year following their acceptance by
the City against any defective work or labor done, or defective material
furnished;
(D) A cash deposit to secure final map or parcel map monumentation, in
an amount determined sufficient by the City Engineer. Said cash deposit
shall be released only upon notification by the engineer/surveyor
that the required monuments have been set and that payment has been
received;
(E) As an alternative to the security bonds required by subsections
A,
B and
C of this section, the subdivider may submit a written request to the City Engineer to post cash or an instrument of credit (as identified and described in
Government Code Section 66499(a)(3)), which request shall either describe the form in which the cash is to be posted with the City or contain the original or a copy of the instrument of credit proposed to be filed with the City. The cash or instrument of credit shall be in amounts not less than 50 percent of the full estimated cost of the required improvements for the faithful performance security and not less than 50 percent of the full estimated cost of the required improvements for the laborers' and materialmen's security. The City Engineer may grant the request and authorize the use of cash or an instrument of credit if the proposed form of the instrument is approved by the City Attorney and such use is allowed by Chapter 5 of the Subdivision Map Act;
(F) The amounts of the above bonds, cash, or instruments of credit, shall
be sufficient to cover the appropriate costs as determined by the
estimate of the City Engineer. Bonds shall be executed by a surety
company authorized to transact a surety business in California, and
must be satisfactory to, and be approved by, the City Attorney as
to form, and by the City Engineer as to sufficiency. Instruments of
credit shall be from financial institutions.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998; Ord. 3415 § 2, 1999)
All required improvements shall be completed to the satisfaction
of the City's Director of Public Works within 18 months of the date
of approval of the final or parcel map, unless otherwise provided
in the Subdivision Map Act, or in the conditions of approval of the
tentative map, or unless an extension is granted in writing by the
Director of Public Works. The powers and authority of the Director
under this section may be delegated by the Director in writing to
person(s) within the Department of Public Works.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998; Ord. 3610 § 1, 2003; Ord. 3662 § 1, 2004)
Upon the written application of the subdivider, the Director
of Public Works may authorize in writing a reduction and release of
a portion of the performance security upon the satisfactory completion
of a discrete part or portion of the required subdivision improvements
as the work progresses; provided, however, no reduction shall be authorized
or allowed until all streets shown on the improvement plans referenced
in the subdivision improvement agreement have been paved. The amount
of any reduction of the performance security shall be determined by
the Director of Public Works, but in no event shall it be reduced
below 50 percent of the original estimated cost of all required subdivision
improvements and the retained amount of the performance security shall
be sufficient, in the determination of the Director of Public Works,
to cover the original estimated costs of all unfinished required improvements
and the possible loss or damage to the completed improvements which
foreseeably might occur prior to City's acceptance of all required
improvements. A reduction in the performance security, authorized
under this section, is not, and shall not be deemed to be, an acceptance
by the City of any completed improvements and the risk of loss or
damage to such improvements shall remain the sole responsibility of
the subdivider until all required public improvements have been accepted
by the Director of Public Works and all other required improvements
have been completed to the satisfaction of the Director of Public
Works.
(Ord. 3415 § 1, 1999)
In the event the subdivider fails to complete any improvement
work in accordance with the pro-visions of this title and the City
has to complete the same, then the City shall call on the surety for
reimbursement, or shall appropriate from any cash deposits or instruments
of credit, funds for such reimbursement. When the amount of the faithful
performance bond or instrument of credit filed in lieu of a faithful
performance bond exceeds all costs and expenses incurred by the City
in completing the work, the City shall release the remainder of such
bond, cash deposit or instrument of deposit, if all performance obligations
of the subdivider have been fulfilled and there are no claims pending
against such performance security. If the amount of the faithful performance
bond or cash deposit or instrument of deposit, if all performance
obligations of the subdivider have been fulfilled and there are no
claims pending against such performance security. If the amount of
the faithful performance bond or cash deposit or instrument of credit
is less than the costs and expenses incurred by the City in completing
said work, then the subdivider shall be liable to the City for such
difference.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
No progress payment from cash deposits, or release of performance
security shall be made except upon certification by the City's Director
of Public Works that the work covered thereby has been satisfactorily
completed.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
The minimum improvement to City standards which the subdivider
normally shall make or agree to make shall include, but not be limited
to the following:
(A) All streets and highways shall be constructed to widths and grades
approved by the City Engineer. The subdivider shall improve the extension
of all subdivision streets, highways or public ways to the intercepting
centerline of any County road or City streets, and paving line of
state highway adjoining to the boundary of the tract. The subdivider
shall also be responsible for resurfacing existing streets which are
substantially disturbed or degraded in the process of providing required
underground utilities necessary to provide service to the subject
subdivision. Such responsibility for the resurfacing of existing streets
shall be identified at the time of tentative map or tentative parcel
map review and made a condition of the approval of the subject tentative
map or tentative parcel map;
(B) Grading, curbs and gutters, paving and drainage structures necessary
for the proper use and drainage of streets, highways and ways required
for the public safety;
(C) Overall Site Grading. Site grading and drainage, taking into consideration
the drainage pattern of adjacent improved or unimproved property and
treating upstream areas, where appropriate, as though fully developed
in accordance with the general plan or any proposed amendments;
(D) Sidewalks, where required, shall be to grades and specifications
approved by the City Engineer;
(E) Water distribution facilities to distribute adequately the existing
City water supply for customer consumption and to provide fire protection
shall be constructed. Design of facilities shall be approved by the
Utilities Director. Service laterals shall be constructed to each
lot or building site;
(F) Fire hydrant spacing in accordance with Fire Department requirements;
(G) Sanitary sewer facilities connecting with the existing City sewer
system shall be constructed to alignment, grades, and sizes as approved
by the Utilities Director. Service laterals shall be installed for
each lot or building site;
(H) Storm drains as required by the City Engineer and to grades and design
approved by the City Engineer;
(I) Street lighting shall be required unless exempted by the City Council.
Such lighting shall be supplied to the subdivision in accordance with
such underground electrical requirements in effect at the time the
final/parcel map is filed or improvements are constructed;
(J) Undergrounding of wire-distributed utilities in accordance with Title
13 of the City code;
(K) Street trees shall be required of a type designated on the approved
street tree list of the City or as approved by the Recreation and
Parks Director. The installation and maintenance of said trees shall
be in accordance with standards approved by the Recreation and Parks
Department;
(L) Preparation of all documents necessary for application to and improvement
of any railroad crossings considered necessary or desirable to provide
access or to circulation within the proposed subdivision or the cost
for preparation of said documents and the cost for improvements of
such crossings shall be borne by the subdivider;
(M) Preparation of all documents necessary for application to the State
Department of Transportation for encroachment permits for improvements
of any state highway shall be the responsibility of the subdivider,
including all related costs.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
(A) Prior to approval of any final map (including any final parcel map)
at least one exterior boundary line of the land being subdivided shall
be adequately monumented or referenced.
(1) The engineer or surveyor shall certify on the face of the subdivision
map that all exterior and interior monuments will be set on or before
a specified date within 18 months of map recordation.
(2) The subdivider shall furnish to the City Engineer-Community Development
security guaranteeing the payment of the costs of setting such monuments.
(B) Standard City approved monuments shall be set at the intersections
of all streets and centerline tangents, except where centerline tangents
intercept beyond the lip of the gutter, in which case monuments shall
be set at the BC (beginning of curve) and EC (end of curve) of the
centerline curve, or as otherwise approved by the City Engineer.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998; Ord. 3501 § 3, 2000)
Special design areas such as scenic hillsides, creeks, airport
zones, drainage problem areas and such like, when designated as special
designed areas by the City Council, shall be subject to special improvement
requirements. Such improvement requirements shall be approved by the
City Council following recommendation by the Planning Commission and
shall be in conformance with the City's subdivision design guide and
the City's standard plans and construction specifications for public
improvements, the Uniform Building Code, and other applicable codes
or standards as established by the City; except where the City Council
specifically approves variation from said standards in order to protect
and/or enhance the special design area.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition of tentative map approval, and thereafter to dedicate such improvements to the public. However, the subdivider, upon completion and acceptance of the improvements and upon petition to the City, shall be reimbursed in accordance with the provisions of Article 6 of the Subdivision Map Act, Titles
14 and
15 of the Santa Rosa City Code, and various resolutions of the Board of Public Utilities of the City, as applicable, for that portion of the cost of such improvements equal to the City's determination of the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
(A) No charge, area of benefit or local benefit district shall be established unless and until a public hearing in accordance with the provisions of Chapter
19-24 is held thereon by the City Council and the City Council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.
(B) In addition to the notice required by Chapter
19-24, 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 roll, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the City Clerk at least 10 days prior to the date established for hearing.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
If the City has adopted a local drainage or sanitary plan or
map as required for the imposition of fees therefor, or has established
an area of benefit for bridges or major thoroughfares as provided
in this title, the City may impose a reasonable charge on property
within the area benefitted and may provide for the collection of said
charge as set forth in this title. The City may enter into reimbursement
agreements with a subdivider who constructs said facilities, bridges
or thoroughfares and the charges collected by the City therefor may
be utilized to reimburse the subdivider as set forth herein.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
The City Council may establish an area of benefit pursuant to
Government Code Sections 66483 and 66484 and may impose a reasonable
charge on property within the area which, in opinion of the City Council,
is benefitted by the construction of the bridge, major thoroughfare,
or by drainage or sanitary sewer facilities. The charge collected
shall be collected by the City and paid to the local agency or subdivider
constructing the bridge, major thoroughfare, drainage or sanitary
sewer facilities, and any local agency having jurisdiction over any
property which, in the opinion of the City Council, is benefitted
by the construction of the bridge, major thoroughfare, drainage or
sanitary agreement with the subdivider.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
Release of security and acceptance by the City of public improvements
installed by the subdivider shall not be effected until such time
as the subdivider causes a record plan or plans of said improvements
to be submitted to and accepted by the City Engineer. Such plans shall
be accurate to the extent that the improvements can be uncovered or
reconstructed in the event they are damaged, fail, or are obliterated.
The plans shall bear a note to the effect that: "These record plans
have been prepared, in part, on the basis of information compiled
and furnished by the project contractor and others. The Engineer and
the City will not be responsible for any errors or omissions which
have been incorporated into this document as a result. Field verification
of critical facts and data should be made if these documents are to
be used as a basis for future work." The note shall be set under a
heading in bold print: "RECORD PLAN." The City Engineer shall retain
the right to require a survey to make a certain the accuracy of the
record plans.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
To the extent the subdivider is required to install improvements that provide increased fire protection storage that will benefit not only the subdivision but also existing developed properties within the City located outside the subdivision, the City Council may approve, upon recommendation of the Director of Utilities, an increased City contribution to the subdivider. The factors to be considered include the extent to which the increased fire protection storage will benefit existing developed properties within the City located outside the subdivision, the subdivider's ability to obtain reimbursement pursuant to Chapter
21-10 as a result of future development that would likewise benefit from the increased fire protection storage, and whether an assessment district has been created to fund all or part of the improvements.
(Ord. 3550 § 1, 2002)