Alameda Municipal Code § 30-86 Improvements and Dedications

The subdivider may be required to improve all streets, highways, public ways and easements which are a part of the subdivision, as well as improvements that may not be part of the subdivision but are reasonably affected by the subdivision.

(Ord. No. 3369 N.S., 5-7-2024)

a. The required improvements may include:

1. Land grading and improvement.

2. Street, alley and walkway grading and paving.

3. Bikeways and Trails.

4. Curbs, gutters, sidewalks, monuments and landscaping.

5. Fencing barriers, header boards and warning devices.

6. Sanitary sewers, storm drains and appurtenances.

7. Street lighting systems.

8. Fire hydrants and fire alarm system.

9. All public utility systems.

10. Street and walkway tree planting and landscaping.

11. Bulkheads, seawalls, retaining walls or other methods of land retention and sea level rise adaptation.

12. Traffic signals, traffic control, regulatory, warning and guide devices.

b. The City may require additional improvements which it deems necessary, or may grant exceptions to any of the above items that are obviously not applicable in any particular division of land.

c. The City may require such off-site improvements as are necessary for local needs and allowed by law.

(Ord. No. 3369 N.S., 5-7-2024)

All improvements shall be constructed in accordance with standard engineering practice and in accordance with standard plans and specifications approved by the City.

(Ord. No. 3369 N.S., 5-7-2024)

Before beginning any construction or installation of improvements, a complete set of plans, profiles, cross sections, and other drawings for all improvements, together with a complete set of detailed specifications for the work, shall be prepared by a civil engineer registered by the State of California and submitted to the City Engineer for review and approval. All work shall be according to City standards and specifications. The City Engineer shall be furnished, without cost, one (1) or more complete sets of the signed plans as required. No work shall commence without approved, signed plans.

(Ord. No. 3369 N.S., 5-7-2024)

The City Engineer shall have the right to enter upon the site of the work for the purpose of inspecting the same and shall be furnished with samples of materials as may be required for the making of tests to determine the acceptability of the materials. The subdivider shall pay to the City the actual cost for the inspection of the work and checking materials in accordance with the Master Fee Schedule.

(Ord. No. 3369 N.S., 5-7-2024)

Upon completion of improvements, the subdivider shall provide as-built drawings in the form required by the City Engineer prepared by a civil engineer registered by the State of California and electronic files compatible with the City's GIS system showing the subdivision as it has been completed. The subdivider shall also provide recorded conditions, covenants and restrictions documents, and other documents pertinent to the development as reasonably determined by the City Engineer.

(Ord. No. 3369 N.S., 5-7-2024)

a. Requirement to Supplement. 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, subject to the reimbursement agreement provisions of Sections 66486 and 66487 of the Subdivision Map Act.

b. Reimbursement Agreement. If such a requirement is imposed, the City shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of those improvements, including an amount attributable to interest, in excess of the construction required for the subdivision. The City Engineer shall determine the method for payment of the costs, which may include:

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.

(Ord. No. 3369 N.S., 5-7-2024)

a. General. If the improvements required by Section 30-86.2 are not completed prior to the filing of the parcel map or final map, the subdivider shall enter into an improvement agreement with the City for the construction of the required improvements. Such agreement is subject to the approval of the City Manager as recommended by the City Engineer and approved as to form by the City Attorney. The agreement shall provide for:

1. Construction of all improvements according to the approved plans and specifications on file with the City Engineer.

2. Specified times for completion of improvements.

3. Right by City to require changes to the plans and specifications in accordance with the development requirements and to require the subdivider to pay for the modifications.

4. Payment of applicable fees as set forth in the Master Fee Schedule.

5. Improvement security in accordance with Section 66499 et seq. of the Subdivision Map Act.

6. Posting of a performance bond for one hundred (100%) percent of the value of the improvements, at prevailing wage, and, upon completion and acceptance by the City of the improvements, a one (1) year warranty bond guaranteeing the constructed improvements from defects.

7. Posting of a labor and materials bond for one hundred (100%) percent of the value of the improvements, at prevailing wage, shall be required to guarantee payment to the subdivider's contractor, subcontractors, and to persons furnishing labor, materials or equipment for the construction or implementation of the improvements.

8. Indemnification, hold harmless, and defense (with counsel acceptable to the City) of the City from and against any claim, action or proceeding against the City to attack, set aside, void or annul an approval of the City concerning the subdivided property or any portion thereof.

9. Any other provisions required by the City as reasonably necessary to comply with the requirements of this chapter.

b. Deferred Agreements. An agreement may be made between the subdivider and the City to defer the construction of public improvements until such time as the improvements are necessary to preserve the general purposes of this title. No such agreement shall be valid until and unless it is secured by a good and sufficient surety bond or cash deposit adequate to cover all the costs and administrative expenses of the improvements in the event of default. If the subdivider or subsequent owner of the subdivision desires to construct the improvements, the City will release the deposit to the subdivider or subsequent owner of the subdivision after the improvements are constructed, inspected, and accepted as complete by the City.

(Ord. No. 3369 N.S., 5-7-2024)

a. Completion. The subdivider shall complete the subdivision improvements within twelve (12) months from the recording of the parcel map or final map, or at a time approved by the City Engineer, not to exceed twenty-four (24) months from the recording of the parcel map or final map, unless an extension is granted by the City Manager. If the subdivider fails to complete the improvements within the specified time, the City may, by resolution of the City 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. All improvements are subject to inspection by the City Engineer to ensure that they have been completed in accordance with the improvement agreement.

b. Acceptance. Upon completion of the improvements required by the provisions of this article, the subdivider or his authorized agent shall file a complete set of record drawings in hard copy and electronic format with the City Engineer. Such record drawings shall be certified as to accuracy and completeness by the subdivider's engineer of record. Upon the receipt and acceptance of such record drawings for major subdivisions, the City Engineer shall recommend to the City Manager the formal acceptance of the improvements.

c. Acceptance of a Portion of 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 chapter. Acceptance of a portion of the improvements shall be in accordance with subsection b.

d. Reduction in Performance Bond. The City Engineer may authorize in writing a partial release of the performance bond in conjunction with the acceptance of a portion of improvements. The amount of the reduction 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 the security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by this ordinance, the Subdivision Map Act, or the improvement agreement.

(Ord. No. 3369 N.S., 5-7-2024)

When required as a condition for approval of a tentative map or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of land within the subdivision that is needed for:

a. Streets, Alleys and Other Public Rights-of-Way or Easements. Streets and alleys, as shown in the General Plan, including access rights and abutters' rights, drainage, public utility easements and other public easements, as deemed necessary by the City Engineer. The waiver of direct access rights, as provided by Section 66476 of the Subdivision Map Act, may be required if the City determines that the public interest necessitates such a waiver.

b. Bicycle Paths. Bicycle paths, Bay Trail, and/or the Cross Alameda Trail as shown in the General Plan for the use, safety, and benefit of the residents of the subdivision for the purpose of connecting the subdivision to other neighborhoods in the City.

c. Transit Facilities. Local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items that directly benefit the residents of the subdivision.

d. Drainage Facilities. Storm drain rights-of-way or easements as deemed necessary by the City Engineer.

(Ord. No. 3369 N.S., 5-7-2024)

a. The Planning Board may require dedication or irrevocable offer of dedication of land within the subdivision for local transit facilities such as bus turnouts, benches, shelters and similar items which directly benefit the residents of the subdivision if either, the tentative map shows the potential for two hundred (200) dwellings or more if developed to the maximum density or the subdivision contains one hundred (100) acres, and the Planning Board finds that transit services are or will within a reasonable time period be made available to such subdivision.

b. Such irrevocable offers may be terminated as provided in the Subdivision Map Act.

(Ord. No. 3369 N.S., 5-7-2024)

a. Action Upon Approval of Map. At the time the City approves a final map or parcel map, the City shall also accept, accept subject to improvement, or reject any offer of dedication. The City Clerk shall certify or state on the final map the City's action and the City Engineer shall certify or state on the parcel map the City's action.

b. Rescission of Rejection. If, at the time the final map or parcel map is approved, any streets, paths, alleys, public utility easements, rights-of-way for local transit facilities which directly benefit the residents of a subdivision, or storm drainage easements are rejected by the City, the offer of dedication shall remain open and the City may at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys, public utility easements, rights-of-way for local transit facilities or storm drainage easements for public use, which acceptance shall be recorded in the office of the Alameda County Recorder.

c. Termination of Offers. Offers of dedications may be terminated and abandoned in the same manner as prescribed for the summary vacation of streets by California Streets and Highways Code Division 9, Part 3 (commencing with Section 8300).

(Ord. No. 3369 N.S., 5-7-2024)

The City shall record a certificate with the Alameda County Recorder for any dedication for public purpose or for making public improvements or constructing public facilities, other than for open space, parks, or schools. The certificate shall be included on the map and shall contain the name and address of the subdivider dedicating the property, a legal description of the real property being dedicated, and a statement that the City shall reconvey the property to the subdivider if the City determines that the same public purpose for which the property was dedicated does not exist, or the property or any portion thereof is not needed for public utilities.

(Ord. No. 3369 N.S., 5-7-2024)