Chapter 21.44 — SUBDIVISION IMPROVEMENTS

Sections:

21.44.060 Utilities required. 21.44.070 Agreement for deferment of frontage improvements. 21.44.080 Design. 21.44.090 Access. 21.44.100 Improvement plan--General. 21.44.110 Improvement plan--Form. 21.44.120 Improvement plan--Contents. 21.44.130 Supplementary plans and calculations. 21.44.140 Review by the City Engineer. 21.44.150 Approval by the City Engineer. 21.44.160 Revisions to approved plans by subdivider. 21.44.170 Revisions to approved plans by City Engineer. 21.44.180 Plan checking and inspection costs for revisions. 21.44.190 Improvement agreement. 21.44.200 Form of improvement security--General. 21.44.210 Form of improvement security. 21.44.220 Improvement security--Amount. 21.44.230 Improvement security--Cash bond. 21.44.240 Improvements--Warranty security. 21.44.250 Improvements--Reduction in performance security. 21.44.260 Release of performance security. 21.44.270 Release of material and labor security. 21.44.280 Release of warranty security. 21.44.290 Construction--General. 21.44.300 Construction inspection--General. 21.44.310 Inspection--Preconstruction conference. 21.44.320 Final inspection and deficiency list. 21.44.330 Completion of improvements--Subdivisions of five or more parcels. 21.44.340 Completion of improvements--Subdivisions of four or less parcels. 21.44.350 Completion of improvements--Extensions. 21.44.360 Acceptance of improvements--General. 21.44.370 Acceptance of improvements--Notice of completion.

The subdivider shall construct all required improvements both on and off-site according to approved standards. 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 such work. (Ord. 5793-NS § 2 (part), 1987)

All improvements as may be required as conditions of approval of the tentative map or by City ordinance, together with but not limited to the improvements specified in this chapter, shall be required for all subdivisions.

Requirements for construction of on-site and off-site improvements for subdivisions of four 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 Sections 21.44.030 or 21.44.340. (Ord. 5793-NS § 2 (part), 1987)

Storm drainage run-off 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 run-off attributed to the development; off-site storm drain improvements may be required to satisfy this requirement. Storm drain improvements shall be designed so as not to create erosion and sediment control problems. (Ord. 5793-NS § 2 (part), 1987)

Each unit or lot within the subdivision shall be served by an approved sanitary sewer system. (Ord. 5793-NS § 2 (part), 1987)

Each unit or lot within the subdivision shall be served by an approved domestic water supply system. (Ord. 5793-NS § 2 (part), 1987)

Each unit or lot within the subdivision shall be served by gas (if required), electric, telephone and cablevision facilities. All utilities within the subdivision and along peripheral streets shall be placed underground, except facilities exempted by California Public Utilities Commission regulations.

For subdivisions of five or more parcels, the developer may appeal the undergrounding requirement along peripheral streets to the Planning Commission. Such appeal shall be filed with the tentative map submittal. The appeal shall be accompanied by an estimate from each utility company of the approximate cost per lineal foot and total cost to underground its facilities along the peripheral street. The developer shall pay all fees as may be charged by each utility company to make the required estimate.

The City Council may at its discretion accept a fee in lieu of the undergrounding of existing facilities along peripheral streets. The amount of fee shall not be less than the amount established by the City engineer for the normal cost of undergrounding of existing utilities along residential streets.

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.

For subdivisions of four or less parcels, undergrounding requirements may be waived or modified by the City Engineer upon finding:

A. The subdivision is within an area where existing utilities have not been undergrounded.

B. Overhead utilities will have no significant visual impact. (Ord. 5793-NS § 2 (part), 1987)

When deemed necessary by the City Engineer, the frontage improvements along existing peripheral streets may be deferred for subdivisions of four or less parcels. When improvements are deferred, the subdivider shall enter into an agreement with the City for the installation of all frontage improvements at such time in the future as required by the City. The agreement shall provide:

A. Construction of said improvements shall commence within ninety days of the receipt of the notice to proceed from the City.

B. That in event of default by the owner, their successors or assignees, the City is hereby authorized to cause said construction to be done and charge the entire cost and expense to the owner, their successors or assignees, including interest from the date of notice of said cost and expense until paid.

C. That their 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 assignees of the title to said real property of the obligation herein set forth, and also a lien in such amount as will fully reimburse the City, including interest as hereinabove set forth, subject to foreclosure in event of default in payment.

D. That in event of litigation occasioned by any default of the owner, their successors or assignees, the owner, their successors or assignees agree to pay all costs involved, including reasonable attorney’s fees, and that the same shall become a part of the lien against said real property.

E. That the term "owner" shall include not only the present owner but also their beneficiaries, successors, executors, administrators, and assignees, it being the intent of the parties hereto that the obligations herein undertaken shall run with said real property and constitute a lien there against.

The agreement shall not relieve the owner from any other requirements specified herein. The constriction of deferred improvements shall conform to the provisions of this chapter and all applicable articles of the Municipal Code in effect at the time of construction. (Ord. 5793-NS § 2 (part), 1987)

The design and layout of all required improvements both on and off-site, private and public, shall conform to generally accepted engineering standards and to such standards as approved by the City Engineer, and shall conform to the requirements of Chapter 21.40 of this title. (Ord. 5793-NS § 2 (part), 1987)

The following access requirements shall be met:

A. The subdivision shall abut upon or have an approved access to an improved public street.

B. Each unit or lot within the subdivision shall have approved access to an improved public street.

C. Street layout shall be designed to provide for future access to, and not impose undue hardship upon, property adjoining the subdivision.

D. 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. (Ord. 5793-NS § 2 (part), 1987)

After approval of a tentative map, before commencement of any construction work, and before filing a final map or a parcel map, the subdivider shall submit to the Public Works Department improvement plans 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, sidewalks, curb and gutter, landscaping, streets, and related facilities. (Ord. 5793-NS § 2 (part), 1987)

The form of improvement plans shall conform to the following:

A. Plans, profiles and details shall be legibly drawn, printed or reproduced on twenty-four by thirty-six inch sheets. A border shall be made on each sheet providing one-half inch at top, bottom and right side and one and one-half inches on the left side.

B. A suitable title block shall be placed in the lower right corner and provide adequate space for approval by the City Engineer and for approval of plan revisions.

C. Plans and profiles shall be drawn to the scale of one inch equals forty feet or to a larger standard scale unless approved otherwise 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.

D. A vicinity map shall be shown on the first sheet of all sets of plans.

E. 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.

F. All lettering shall be one-eighth inch minimum.

G. If the plans include three 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 such additional requirements as may be established by the City Engineer. The final form of all plans shall be as approved by the City Engineer. (Ord. 5793-NS § 2 (part), 1987)

The improvement plans shall show complete plans, profiles and details for all required improvements to be constructed, both public and private (including common areas), and an analysis of potential harmful impacts on tenants of the repair and alteration process due to noise, blocked access, temporary displacement, increased rents, or other harms, and a plan for mitigation of harmful impacts. Reference may be made to City of Berkeley, Alameda County or state standard plans in lieu of duplicating the drawings thereon. (Ord. 6144-NS § 5, 1992; Ord. 5793-NS § 2 (part), 1987)

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. (Ord. 5793-NS § 2 (part), 1987)

The subdivider shall submit two sets of improvement plans and two copies of all computations to the City Engineer for review. Upon completion of their review, one set of the preliminary plans, with the required revisions indicated thereof, will be returned to the subdivider’s engineer. (Ord. 5793-NS § 2 (part), 1987)

After completing all required revisions, the subdivider’s engineer shall transmit the originals and one set of mylars of the improvement plans to the City Engineer for their 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 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 system construction plans.

Approval by the City Engineer shall in no way relieve the subdivider or their engineer from responsibility for the design of the improvements and for any deficiencies resulting from the design thereof. (Ord. 5793-NS § 2 (part), 1987)

Requests by the subdivider or their engineer for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the City Engineer or their appointee and shall be accompanied by two sets of revised drawings showing the proposed revision. If the revision is acceptable, the originals shall be submitted to the City Engineer’s office for initialling. The originals shall be returned to the subdivider’s engineer and two sets of the revised plans shall be immediately transmitted to the City Engineer. Construction of any proposed revision will not be permitted to commence until said sets of the revised plans initialled by the City Engineer have been received by the Public Works Department. (Ord. 5793-NS § 2 (part), 1987)

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 to make such revisions and transmit the original plans and documents showing these revisions to the City Engineer for initialling, within such time as specified by the City Engineer. Upon receipt of the initialled originals, the subdivider’s engineer shall immediately transmit two sets of revised drawings to the Public Works Department. 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. (Ord. 5793-NS § 2 (part), 1987)

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, including overhead. A deposit when required, shall be submitted with the revised prints; such deposit shall be applied toward the actual costs. (Ord. 5793-NS § 2 (part), 1987)

The improvement 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 in accordance with the approved plans and specifications.

B. Completion of all improvements within the time specified by Sections 21.44.330 or 21.44.340.

C. Right by City to modify plans and specifications.

D. Warrantee by subdivider that construction will not adversely affect any portion of adjacent properties.

E. Payment of inspection fees in accordance with the City’s current master fee schedule.

F. Payment of in-lieu fees for undergrounding of utilities on peripheral streets.

G. Payment of in-lieu fees for parkland dedication.

H. Payment of drainage district or area fees.

I. Improvement security as required by this title.

J. Maintenance and repair of any defects or failures and causes thereof.

K. Release of the City from 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.

L. Any other deposits, fees or conditions as required by City ordinance or resolution and as may be required by the City Engineer. (Ord. 5793-NS § 2 (part), 1987)

Any improvement agreement, contract or act required or authorized by the Subdivision Map Act, for which security is required, shall be secured in accordance with Chapter 5, Sections 66499 through 66499.10 of the Subdivision Map Act and as provided herein.

No final map or parcel map shall be signed by the City Engineer or recorded until all improvement securities required by this section have been received and approved. (Ord. 5793-NS § 2 (part), 1987)

The form of security shall be one or the combination of the following at the option and subject to the approval of the City:

A. A bond, or bonds by one or more duly authorized corporate sureties.

B. A deposit, either with the local agency 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.

The form and provisions of the bond or bonds shall be as specified by Sections 66499.1 and 66499.2 of the Subdivision Map Act. (Ord. 5793-NS § 2 (part), 1987)

A performance bond or security in the amount of one hundred percent of the estimated construction cost shall be required for all subdivisions to guarantee the construction or installation of all improvements.

An additional amount of fifty percent of the estimated construction cost shall be required to guarantee the payment to the subdivider’s contractors, and to persons furnishing labor, materials or equipment for the construction or installation of improvements.

The estimate of improvement costs shall be as approved by the City Engineer and shall provide for:

A. Not less than five percent nor more than ten percent of the total construction cost for contingencies.

B. Increase for projected inflation based on total cost, computed to the estimated mid-point of construction.

C. All utility installation costs or a certification acceptable to the City Engineer from the utility company that adequate security has been deposited to insure installation.

D. In addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorney’s fees, incurred in enforcing the obligation secured. (Ord. 5793-NS § 2 (part), 1987)

The developer shall deposit with the City a cash bond in accord with the current master fee schedule, or such amount as required by the City Engineer, not to exceed one 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 their contractor that may arise during or after the construction of the subdivision. Any unexpended amount will be returned to the developer at the time all bonds are released. (Ord. 5793-NS § 2 (part), 1987)

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 twelve month warranty period. (Ord. 5793-NS § 2 (part), 1987)

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.

No such release shall be for an amount less than ten percent of the total improvement security given for faithful performance and the security shall not be reduced to an amount less than fifty percent of the total improvement security given for faithful performance. In 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 title, the Subdivision Map Act, or the improvement agreement. (Ord. 5793-NS § 2 (part), 1987)

The performance security shall be released only upon acceptance of the improvements by the City Council and on the condition that an approved warranty security has been filed with the City Engineer. (Ord. 5793-NS § 2 (part), 1987)

Security given to secure payment to the contractor, their subcontractors and to persons furnishing labor, materials or equipment may, six 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 such claims and obligations for which the security was given. (Ord. 5793-NS § 2 (part), 1987)

The warranty security shall be released upon satisfactory completion of the warranty period provided:

A. All deficiencies appearing on the final deficiency list for the subdivision have been corrected.

B. Not less than twelve months have elapsed since the acceptance of the improvements by the City Council. (Ord. 5793-NS § 2 (part), 1987)

The construction methods and materials for all improvements shall conform to the detail specifications and general provisions of the City of Berkeley as adopted by council resolution.

Construction shall not commence until required improvement plans have been approved by the City Engineer. (Ord. 5793-NS § 2 (part), 1987)

All improvements are subject to inspection by the City Engineer in accordance with the City’s detail specifications. (Ord. 5793-NS § 2 (part), 1987)

Prior to commencing any construction, the developer shall arrange for a preconstruction conference with the City Engineer. (Ord. 5793-NS § 2 (part), 1987)

Upon completion of the subdivision improvements, the developer shall apply in writing to the City Engineer for final inspection. The City Engineer shall schedule a preliminary final inspection.

A deficiency list shall be compiled during the inspection, noting all corrections or any additional work required. If the number of items is excessive or the subdivision appears incomplete, the preliminary final inspection may be halted and rescheduled to a date as determined by the City Engineer.

When the preliminary final inspection has been completed, a copy of the deficiency list shall be transmitted to the developer for correction.

Upon having completed all corrections or additional work as outlined by the deficiency list, the developer shall request a final inspection. The City Engineer shall then make a final inspection.

Upon finding that all items on the deficiency list have been corrected and after receipt of as-built improvement plans, the subdivision shall be placed on the council agenda for acceptance.

The completion of corrections indicated by the deficiency list shall not relieve the developer from the responsibility for correcting any deficiency that may be subsequently discovered. (Ord. 5793-NS § 2 (part), 1987)

parcels.

For subdivisions of five or more parcels, the subdivision improvements shall be completed by the developer within twelve months, or such time as approved by the City Engineer not to exceed a period of eighteen 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 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 therefor. (Ord. 5793-NS § 2 (part), 1987)

parcels.

For subdivisions of four or less parcels, the subdivision improvements shall be completed by the developer within twelve months, or such time as approved by the City engineer not to exceed a period of eighteen months, from the recording of the map, unless an extension is granted by the City Engineer.

Should the subdivider fail to complete the improvements within the specified time, the City may by resolution of 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 therefor.

The completion of the improvements may be required by a specified date by the City when the completion of such 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. Such specified date when required shall be stated in the subdivision improvement agreement. (Ord. 5793-NS § 2 (part), 1987)

The completion date for improvements may be extended by the City Council for subdivisions of five or more parcels and by the City engineer for subdivisions of four 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 days prior to expiration of the subdivision improvement agreement.

The subdivider shall enter into a subdivision improvement extension agreement with the City. For subdivisions of five 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 transmitted to the City Council for their consideration. If approved by the City Council, the City Manager shall execute the agreement on behalf of the City. For subdivisions of four or less parcels the agreement shall be prepared by the City Engineer approved as to form by the City Attorney, executed by the subdivider and executed by the City Engineer on behalf of the City.

In consideration of a subdivision improvement extension agreement, the following may be required:

A. Revision of improvement plans to provide for current design and construction standards when required by the City Engineer.

B. Revised improvement construction estimates to reflect current improvement costs as approved by the City Engineer.

C. Increase of improvement securities in accordance with revised construction estimates.

D. Inspection fees may be increased to reflect current construction costs but shall not be subject to any decreases 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 borne by the developer at actual cost, including overhead. (Ord. 5793-NS § 2 (part), 1987)

When all improvement deficiencies have been corrected and as-built improvement plans filed, the subdivision improvements shall be considered by the City for acceptance. Subdivisions of five or more parcels must be accepted by the City Council. The City Engineer shall be responsible for the acceptance of subdivisions of four 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. (Ord. 5793-NS § 2 (part), 1987)

If the subdivision has been accepted by the City, the City Clerk shall cause a notice of completion to be filed with the county recorder. (Ord. 5793-NS § 2 (part), 1987)

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 use of the general public.

Acceptance of a portion of the improvements shall not relieve the developer from any other requirements imposed by this title. (Ord. 5793-NS § 2 (part), 1987)