The subdivider is responsible for the design, installation, and construction of all required on-site and off-site improvements in accordance with the standard plans and specifications of the City and in accordance with all conditions imposed upon the approval of the tentative map. No permanent improvement work shall be commenced until the improvement plans have been approved in writing by the City Engineer. No final map or parcel map shall be accepted for approval until the subdivider either completes the required improvements, or enters into an agreement with the City agreeing to do the work.
Improvement plans for all improvements, other than landscaping, shall be prepared under the direction of and signed by a registered civil engineer licensed by the State of California. The improvements shall be designed in accordance with the following: Article 3 of this Chapter, General Requirements and Standards; standard plans and specifications of the City of San Juan Bautista; and standard engineering practice. The form, content, and submission requirements of the improvement plans shall be as designated by the City Engineer.
Hydrology and hydraulic plans and calculations, bond estimates, structural calculations, or other calculations as may be required, shall be submitted with the improvement plans to the City Engineer for approval. All calculations and estimates shall be signed and sealed by a registered civil engineer licensed by the State of California.
The required improvements shall include:
(A)
Street Improvements. Street improvements may include, but not limited to, street structural sections, curbs, gutters, sidewalks, street signs, traffic safety signs, striping, street lighting, street barricades, sound walls, fences, and street landscaping.
(B)
Sanitary Sewer. Sanitary sewer system serving each lot shall be connected to an existing system that is administered by a public agency authorized to levy taxes for such purposes. The subdivider shall present evidence from the public agency indicating the ability and their consent to accommodate the sewage from the subdivision. For lots forty thousand (40,000) square feet, or greater, or where such existing system is not available, the use of individual septic system may be utilized, if approved by the Health Officer.
(C)
Water Supply. Water supply for domestic use serving each lot shall be connected to an existing system that is administered by a public utility subject to regulation by the Public Utilities Commission of the State of California, or by a public agency authorized to levy taxes for such purposes. The subdivider shall present evidence from the supplier indicating the ability and their consent to provide service to the subdivision.
(D)
Utilities. All utility distribution facilities, including but not limited to electric, communication, and cable television lines, installed in and for the purpose of supplying service to the subdivision. All utilities shall be placed underground per Article 8 of this Chapter.
(E)
Storm Drainage. Storm water runoff from the subdivision shall be collected and conveyed by an approved storm drain system. Flows from the subdivision shall not exceed predevelopment flows and shall be detained on-site. The storm drain system shall be designed for the ultimate development of the watershed. The storm drain system shall be designed for the ultimate development of the water-shed. 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. On-site and off-site storm drain improvements may be required to satisfy this requirement.
(F)
Fire Protection. All water mains, fire hydrants, gated connections and appurtenances to provide water supply and access for fire protection and all other fire protection requirements shall be in accordance with the City standards and the latest adopted Fire Code.
(G)
Erosion Control. Erosion control by means of silt basins, structures, landscaping, and other erosion and siltation control measures as approved by the City Engineer. An erosion control plan is to be submitted as part of the improvement plan.
Improvements which may be required by the Planning Commission for subdivisions into four (4) or less lots are limited to the dedication of rights-of-way, easements, and the construction of reasonable off-site and on-site improvements for the parcels being created. Requirements for the construction of such off-site and on-site improvements shall be noticed by certificate on the parcel map, on the instrument evidencing the waiver of such parcel map, or by separate instrument and shall be recorded on, concurrently with, or prior to the parcel map or instrument of waiver of a parcel map being filed for record.
Fulfillment of such construction requirements shall not be required until such time as a permit or other grant of approval for development of the parcel is issued by the City of San Juan Bautista, or until such time as the construction of such improvements is required pursuant to an agreement between the subdivider and the City, except that in the absence of such an agreement, the City may require fulfillment of such construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of a permit or other grant of approval for the development of a parcel upon a finding by the City that fulfillment of the construction requirements is necessary for reasons of:
(1)
The public health and safety; or
(2)
The required construction is a necessary prerequisite to 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.
Except as provided in SJBMC 10-2-715(F), all improvements shall be constructed in accordance with standard engineering practice and in accordance with standard plans and specifications approved by the City.
Improvement work shall not commence until plans for such work have been submitted to and approved by the City Engineer. Although it is the subdivider’s ultimate responsibility to insure that all improvements are constructed in accordance with the approved plans, the improvements shall be constructed under the inspection of, and to the satisfaction of, the City Engineer, or his representative. The City Engineer, or his representative, shall have the right to enter the work site for purposes of construction inspection and may require submittal of materials and/or specifications, and the performance of soils testing to verify conformance with the approved plans.
The subdivider shall pay to the City the actual cost for the inspection of the work and checking materials.
When the final map or parcel map is presented to the City Council, the subdivider shall give evidence that he has deposited with the City Manager a sum in the amount estimated by the City Engineer as being sufficient to cover the costs of inspection and tests. If the amount so deposited exceeds the actual cost to the City, the subdivider shall be reimbursed for the balance remaining. If the actual cost exceeds the deposited amount, the City shall stop all construction until the subdivider presents a receipt for a deposit with the City Manager of an additional sum as estimated by the City Engineer.
In the event an agreement for the improvement of streets or easements, or for the performance of any other act, is entered into between the City and the subdivider, the contract may be secured by any one of the methods provided in Chapter 5 of the Subdivision Map Act, or any other form of security which is acceptable to the City, in a sum which in the opinion of the City Engineer and City Attorney equals the cost thereof.
The contract must also specify the time within which the work must be completed, and shall specify that if the work is not completed to the satisfaction of the City Engineer within the given time frame, the City may enter into a contract for the completion of the specified improvements and be completely reimbursed therefor by the owner or owners of the subdivision. The contract may provide for the improvements to be installed in units, for extension of time under specified conditions or for the termination of the contract upon a reversion of the division of land or a part thereof to acreage.
Upon completion of, and within thirty (30) calendar days thereof, the subdivider shall provide as constructed drawings prepared by a registered civil engineer, in the form required by the City Engineer, showing the improvements as constructed.
(A)
As a condition of approval of a tentative map, there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public. However, when such supplemental size, capacity, number or length is required the City shall, subject to the provisions of Sections 66486 and 66487 of the Subdivision Map Act, enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements in excess of those improvements required for the subdivision.
(B)
The City Council shall determine the method for payment of the costs required by a reimbursement agreement, which method may include, but shall not be limited to, the following:
(1)
The collection from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision, a reasonable charge for such use.
(2)
The contribution to the subdivider of that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and the levy of a charge upon the real property benefited to reimburse the City for such costs, together with interest thereon, if any, paid to the subdivider.
(3)
The establishment and maintenance of local benefit districts for the levy and collection of such charge or costs from the property benefited.
(C)
No charge, area of benefit or local benefit district shall be established unless and until a public hearing is noticed and held thereon by the City Council and the City Council finds that the charge, area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereon.
(D)
In addition to the notice, written notice of the hearing shall be given to those who own property within the proposed area of benefit as shown on the last 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 ten (10) days prior to the date established for the hearing.