Required public and private improvements shall be constructed or installed in accordance with the current compilation of documents entitled "City of San Leandro Subdivision Improvement Standards," three copies of which have been filed for use and examination by the public in the office of the City Clerk or such other improvement standards deemed applicable by the City Council, and plans and specifications approved by the City Engineer. Said Subdivision Improvement Standards are incorporated herein by this reference. The City Engineer is authorized and shall maintain said compilation in a current state by the removal therefrom of obsolete documents and the insertion therein of current documents, all in accordance with the best construction practices.
No final map or parcel map shall be presented to the Council for approval until the subdivider either completes the required improvements, or enters into an agreement with the City agreeing to do such work.
The City Council may require as conditions of approval of the tentative or parcel map, the improvement on site and off site, of such public or private streets, highways, ways, or easements, or portions thereof, schools, parks, fire stations or other facilities as it shall deem necessary for traffic, drainage and sanitary needs and general welfare and safety; the installation and construction of railroad crossings and protection devices, sewage and storm drainage facilities, water supply, utilities (including gas, electricity, telephone and cable television, bicycle paths and transit facilities, bridges necessary to provide access for vehicular or pedestrian traffic, undergrounding of utilities, landscaping and planting of trees.
Requirements for construction of onsite and offsite improvements for subdivisions of four or less parcels shall be noted on the parcel map, waiver of parcel map or the subdivision improvement agreement recorded prior to or concurrent with the Parcel Map.
Where remainders are made part of a final map or parcel map, the City may enter into an agreement with the subdivider 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. Said improvements shall be at the developer's expense. In the absence of such an agreement, the City may require fulfillment of such 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 the public health and safety, or the required construction is a necessary prerequisite to the orderly development of the surrounding area.
(a)
The design and layout of all required improvements both on and offsite, private and public, shall conform to generally acceptable engineering standards and to City of San Leandro Subdivision Improvement Standards,
(b)
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 landscaping design. Examples of passive or natural cooling opportunities in subdivision design include design of lot size and configuration 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, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and such 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 in force at the time the tentative map is filed.
The requirements of this section, excluding landscape design, 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 purposes of this section, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
The subdivision shall abut upon or have an approved access to a public street. Each unit or lot within the subdivision shall have an approved access to a public or private street. Street layout shall be designed so as not to impose undue hardship upon property adjoining the subdivision. Reserve strips, or non-access at the end of streets or at the boundaries of subdivisions, shall be dedicated unconditionally to the City when required.
Improvement plans shall be prepared under the 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.
(a)
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). Public and private improvements shall be shown on separate plans, unless otherwise approved by City Engineer.
Reference may be made to the City of San Leandro, Alameda County or State Standard Plans in lieu of duplicating the drawings thereon.
(b)
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 as approved by the City Engineer.
(c)
Review by the City Engineer: The subdivider shall submit improvement plans and computations to the City Engineer for review. The number of sets of copies shall be as set forth in Chapter 3 of Title 12 of the San Leandro Administrative Code. Upon completion of his or her review, one set of the preliminary plans, with the required revisions indicated thereon, will be returned to the subdivider's engineer.
(d)
Acceptance by the City Engineer: After completing all required revisions, the subdivider's engineer shall transmit the originals of the improvement plans to the City Engineer for his or her signature. Upon finding that all required revisions have been made and that the plans conform to all applicable City ordinances, design review requirements and conditions of approval of the tentative map, the City Engineer shall sign and date the public improvement plans. The originals will be returned to the subdivider's engineer. Acceptance of the improvement plans shall not be construed as approval of any facilities under the jurisdiction of another agency.
Acceptance by the City Engineer shall in no way relieve the subdivider or his or her engineer from responsibility for the design of the improvements and for any deficiencies resulting from the design thereof or from any required conditions of approval for the tentative map.
(e)
Revisions to Approved Plans 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. Construction of any proposed revision shall not commence until revisions are accepted by the City Engineer.
(f)
Revisions to Approved Plans—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 his or her engineer. The subdivider's engineer shall revise the plans and transmit them 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 two working days following receipt of the request to revise the plans.
Costs incurred by the City for the checking of plans or calculations or inspection as a result of revisions to the approved plans shall be borne by the subdivider at actual cost.
Prior to the approval by the City Council of the final map or parcel map, the subdivider shall execute and file an agreement between him or herself and the City, specifying the period within which he or she shall complete all improvement work to the satisfaction of the City Engineer, and providing that if he or she shall fail to complete such work within such period, the City may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall also provide for inspection of all improvements by the City Engineer. Such agreement may also provide:
(a)
For the construction of the improvements in subunits.
(b)
For extension of time under conditions therein specified.
(c)
For the financing and construction of any or all of such improvements under appropriate special assessment act proceedings, within such time as may be prescribed by the City Council.
(d)
For deferring the construction of any improvement required and either providing for the subdivider's payment of his or her share of the costs of such future improvements to the City or for the subdivider's filing security in accordance with Section 7-1-950.
(e)
For subdivider submitting to the City public liability and property damage insurance naming the City as an additional insured and in an amount deemed appropriate by the City and containing standard endorsements as required by the City.
All utilities and public services facilities which may be the subject of the above agreement will be warranted by the subdivider for a period of one year after the acceptance of these facilities by the City Council. The repair and correction of any defects or deficiencies due to workmanship or materials which are discovered within one year from date of acceptance by the City shall be performed by the subdivider at no cost to the City. |
The subdivider shall also file with the improvement agreement, security in an amount deemed sufficient by the City Engineer to cover the cost of the improvements. An additional security in an amount required by law to secure payment to the contractor, subcontractors and to persons furnishing labor and materials or equipment shall also be required.
Such security shall be in a form acceptable to the City and of a type set forth in any of the forms of security set forth in the Map Act at the option of and subject to the approval of the City.
Upon acceptance of the subdivision improvements by the City Council, the subdivider shall provide security in the amount as required by the City Engineer to guarantee the improvements throughout the warranty period. The amount of the warranty security shall be as determined by the City Engineer.
The City Engineer may, upon application of the subdivider, 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. The amount of reduction of the security shall be as determined by the City Engineer; however, an no event shall the City Engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by this ordinance, the Map Act, or the improvement agreement.
(a)
The performance security shall be released only upon acceptance of the improvements by the City Council and when an approved warranty security has been filed with the City Engineer.
(b)
Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment may, after passage of the time within which claims of lien are required to be recorded pursuant to Article 3 of Chapter 2 of Title 15 of Part 4 of Div. 3 of the Civil Code and after acceptance or the work, 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 such claims and obligations for which the security was given.
The warranty security shall be released upon satisfactory completion of the warranty period provided:
When all improvement deficiencies have been corrected and "as built" improvement plans filed, the subdivision improvements shall be considered by the City for acceptance. Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use.
If the subdivision has been accepted by the City the City Clerk shall cause to be filed with the County Recorder a Notice of Completion.
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. Acceptance of a portion of the improvements shall not relieve the Developer from any other requirements imposed by this Article.