Hollister Municipal Code Ch. 16.24 Improvements

All improvements shall be installed and constructed in subdivisions in accordance with standards adopted by this title and other ordinances of the city and with improvement plans for the individual subdivision as approved by the city manager.

(Prior code § 18-17)

Street improvements shall include:

A. Pavement structural section as required by the applicable class of subdivision involved;

B. Portland cement concrete curbs and gutters. Also drainage ditches, sidewalks and walkways, underground sanitary and storm drains and similar utilities as required for applicable class of subdivision involved;

C. Planting, structures, silt basins or other erosion control facilities, as are required by the planning commission;

D. Subdivider shall provide street lights, electroliers and underground lighting system, required by the planning commission;

E. Street trees, as required by the planning commission;

F. Street name signs, regulatory signs, retaining walls, fences, street and barricades as required by the planning commission;

G. Improvements to existing bordering streets or access streets as required by the planning commission;

H. Metal bench marks shall be set in a concrete curb or other location insuring minimal disturbance and shall be labeled with correct evaluation.

(Prior code § 18-18)

Water systems shall include:

A. Fire hydrants as specified in Resolution No. 76-12, the number and location to be as determined by the fire chief;

B. Water system to include mains, valves, fittings, blowoffs, fire hydrants and other appurtenances and structures adequate to provide water supply for domestic or commercial use. Each lot shall be served with service laterals of sufficient capacity for the uses permitted under the zoning classification of the particular property. The subdivider shall present written evidence from the proposed supplier of water as to availability and quality, as to the provision of required services, and as to satisfactory agreements which have been made for such service;

C. When connection to an existing water system cannot be arranged, the supplier may provide service by the establishment of water system constructed to standards adopted by this title and other ordinances of the city.

(Prior code § 18-19)

Editor's note— Resolution 76-12 is on file in the office of the city clerk.

Sanitary systems shall include: Sanitary sewer mains, laterals, manholes, flushing inlets, cleanouts and other appurtenances as required. An individual sewer lateral shall be stubbed to the property line of each lot prior to street construction. These shall be connected to the existing city, district or approved private system, where such system exists or can be made available. The subdivider shall present evidence from the appropriate agency that the system is adequate to handle sewage from the subdivision and that a satisfactory agreement has been made for such services.

(Prior code § 18-20)

A. All utility distribution facilities, including but not limited to electric, communication and television lines, pursuant to Rule 15.1 of the Public Utility Commission, installed in and for the purpose of supplying service to any subdivision shall be placed underground in accordance with utility rules and regulations on file with the state Public Utilities Commission.

B. Gas distribution, where such service exists and is installed in a subdivision, shall be extended to all lots.

C. The subdivider is responsible for complying with the requirements of this section and shall make the necessary arrangements with the utility companies or public agencies involved for the installation of such facilities.

D. The planning commission may recommend to the state Public Utilities Commission the waiver of their requirements on underground placement of any of the above utilities and appurtenances when the size of lots or the topographical soil and other physical conditions make underground installation unreasonable or impractical on part or all of a project.

(Prior code § 18-21)

A. Storm drainage facilities shall include:

1. Gutters, drop inlets, catch basins, storm drain mains, laterals, manholes and other appropriate appurtenances along subdivision streets to collect stormwater from lots and street surfaces and to convey it to natural streams, waterways or drainage channels;

2. Retention ponds, ditches either surfaced or unsurfaced, or other facilities to retain or convey stormwater. Retention ponds shall be adequate to store excess water generated by the development, so that flows to lower terrain will not exceed that existing prior to development, unless this requirement is waived or modified by the planning commission;

3. Appurtenant structures such as stormwater inlets, headwalls or pumping facilities, where needed;

4. Dikes and other flood control facilities, where appropriate;

B. Computations for estimating stormwater runoff shall be based on the best available data for the location from U.S. Government agencies (weather bureau, geological survey, or corps of engineers).

C. Adequate conduits, culverts, channels or other structures will be provided to conduct stormwater into a natural channel or existing structure of sufficient capacity. The engineer's report covering hydrology and justifying design of proposed structures will also indicate results of flows in excess of those anticipated in the form of temporary ponding, flow along streets or cross country.

(Prior code § 18-22)

Landscaping shall be provided as required by the planning commission for the purpose of:

A. Developing a more pleasing living environment;

B. Erosion control and bank protection;

C. Improvement of parks, recreation areas, and open space; and

D. Concealment of unsightly neighboring facilities and protection from winds.

(Prior code § 18-23)

Recreation facilities shall be provided as required by the planning commission to achieve the living environment appropriate to the type of development.

(Prior code § 18-24)

A. Necessary easements within the subdivision, as well as off site, for all road, walkway, drainage and utility purposes shall be dedicated to the city or other appropriate agency. If outside the property, such easements shall be obtained at the developer's cost.

B. Where it is determined by the city council that a subdivision, or other development covered by this title, is in the public interest, and furthermore, where it is determined by such council that the proposed subdivider has been unable to obtain necessary off-site easements for roads, drainage, utilities or other essential purposes after reasonable effort and offer to purchase such, and furthermore, where it is determined that such easements and improvements would not cause unreasonable damage to the owner of the property crossed or others, the city council may use their powers of condemnation to obtain such easements for the public good. All costs of purchase, legal action and value of services of city personnel shall be charged to such subdivider.

(Prior code § 18-25)

A. Off-site water, electric, gas lines and roads adequate to serve the subdivision shall be provided, along with adequate sewage collection systems and sewage disposal facilities.

B. Off-site drainage collection systems to convey stormwater from the subdivision to an established watercourse shall be provided.

(Prior code § 18-26)

Improvement plans shall be drawn on standard sheet size 24 inches by 36 inches or as determined by the city engineer. The originals shall be surrendered for permanent filing.

(Prior code § 18-27)

Improvement work shall not be commenced until plans have been submitted to and approved by the city engineer and only when authorized by the city engineer.

(Prior code § 18-28)

All improvements shall be constructed under the inspection, and to the satisfaction, of the appropriate authority. Cost of inspection shall be borne by the subdivider. At the discretion of the city engineer, actual field inspection of private roads or driveways not incorporated in the city system may be done by a registered engineer, following which said engineer shall furnish a certificate of inspection to the city engineer in satisfactory form. Inspection fees shall be fixed, from time to time, by resolution of the city council.

(Prior code § 18-29)

Assessment bonds shall not be authorized as a means for financing ordinary subdivision improvements. However, authorization may be obtained from the city council for the financing of ordinary subdivision improvements when the proposed project will provide substantial public benefit or for the financing of major or unusual improvements such as bridges, major sanitary or storm sewer lines, sanitary sewer plants or other facilities that will serve developable land in addition to the proposed project, or that must be completed at the time of development of an initial increment of a multi-increment project.

(Prior code § 18-30)

Within 15 days after acceptance by the city of the improvements for a subdivision, the engineer will furnish the city engineer a full set of as-built plans. These shall show all deviations from the original design that have occurred during construction. Underground lines and structures will be located with respect to surface structures or reproducible survey lines. The terminal point of buried sewer laterals to lots will be referenced for easy location, and wyes connecting lateral to a street main will be used along the line from the nearest manhole.

(Prior code § 18-31)

As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutters' rights, drainage, public utility easements and other public easements. In addition, the subdivider shall improve or agree to improve and guarantee by bond all streets, alleys, including access rights and abutters' rights, drainage, public utility easements and other public easements.

(Prior code § 18-32)

A. In accordance with Government Code Section 66478.4 et seq., and, without limitation, to the other requirements of this title, any subdivider of a subdivision for which a tentative and final map shall be required and which fronts upon a public waterway, river or stream shall provide a public easement along and reasonable public access from a public highway to that portion of the bank of the river or stream bordering or lying within the subdivision; provided, however, that the tentative or final map shall not be disapproved solely on the ground that reasonable public access is not provided if the city council makes a finding that such reasonable public access is otherwise available within a reasonable distance from the subdivision. Any such finding shall be set forth on the face of the tentative or final map.

B. Electric power sites and industrial subdivisions are exempt from the requirements of this subsection to the extent provided in Government Code Sections 66478.9 and 66478.10.

(Prior code § 18-33)

The subdivider may be required to install improvements for the benefit of the subdivision, which improvements may be of supplemental size, capacity or number for the benefit of property not within the subdivision, as a condition precedent to the approval of a subdivision or parcel map, and thereafter to dedicate such improvements to the public. However, the subdivider shall be reimbursed for that portion of the cost of such improvements equal to 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, pursuant to the provisions of the Subdivision Map Act.

(Prior code § 18-97)

No charge, area of benefit or local benefit district shall be established unless and until a public hearing in accordance with the provisions of this title 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. In addition to the notice required by Section 16.08.100, 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 role, and to the potential users of the supplemental improvements, insofar as they can be ascertained at the time. Such notices shall be mailed by the clerk at least ten days prior to the date established for hearing.

(Prior code § 18-98)

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 major thoroughfares as provided in this title, the city may impose a reasonable charge on property within the area benefited and may provide for the collection of such charge as set forth in this title. The city may enter into reimbursement agreements with a subdivider who constructs such facilities, bridges or thoroughfares and the charges collected by the city therefor may be utilized to reimburse the subdivider as set forth herein.

(Prior code § 18-99)

A. The subdivider shall execute and file with the city an agreement between the subdivider and the city for the construction of subdivision improvements required by this chapter in accordance with plans approved and signed by appropriate officials. A parcel map shall not be approved until acceptance and execution of the agreement by the city engineer. A final map shall not be approved until acceptance of the agreement by the city council and execution of the agreement by the mayor. The agreement shall include, but not be limited to, the following:

1. The period within which the subdivider shall complete the improvement work to the satisfaction of the city engineer, failing which the city may complete the work and recover the costs from the subdivider and/or the subdivider's improvement security;

2. Inspection of improvement work by the city engineer and provision for payment to the city for the costs thereof.

B. The agreement may also provide for the deferral of construction of improvements, the construction of improvements in increments, extension of time for performance of the agreement and progress payments to the subdivider or the subdivider's order from cash deposits that the subdivider may have made as his or her improvement security; provided, however, no such progress payments shall be made for more than 90 percent of the value of improvements. No progress payments from cash deposits shall be made except on certification of the city engineer that the work covered thereby has been satisfactorily completed.

(Prior code § 18-100)

Improvement security as used herein means one or more of the following:

A. A cash deposit made with the city;

B. A bond or bonds by one or more duly authorized corporate sureties which shall be in the form required by Government Code Sections 66499.1 and 66499.2 (see appendix);

C. An instrument of credit from one or more financial institutions subject to the regulation of the state or federal government pledging that the funds necessary to meet the performance are on deposit, and agreeing that the funds designated by the instrument shall become trust funds for the purpose set forth in the instrument.

(Prior code § 18-101)

The subdivider shall file with the improvement agreement an improvement security in the amount of and for the following purposes:

A. An amount determined by the city council, not less than the total estimated cost of the improvements, conditioned upon the faithful performance of the agreement;

B. An additional amount determined by the city council, not less than the total estimated cost of the improvement, security payment to the contractor, the contractor's subcontractor and to persons renting equipment or furnishing labor or materials to them for the improvement;

C. An amount to cover final survey and monumentation of the subdivision;

D. An amount to cover costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred or to be incurred by the city to enforce the obligation secured;

E. An amount determined by the city council to be necessary for the warranty of the work for a period of one year following the completion and acceptance thereof against defective labor or materials;

F. In accordance with the provisions of Government Code Section 66499.9, such improvement security shall secure the faithful performance of any changes or alterations in the work to the extent that such changes and alterations do not exceed ten percent of the original estimated cost of the improvements.

(Prior code § 18-102)

Improvement security may be released or reduced in the following manner:

A. Improvement security given for the faithful performance of the agreement may be released upon final completion and acceptance of the work and after the expiration of the warranty period.

B. Improvement security, securing the payment of the contractor, the subcontractors, and persons renting equipment or furnishing labor or materials may, six months after completion and acceptance of the work, be reduced to an amount not less than the total of all claims on which action has been filed and notice thereof given in writing to the city engineer. If no actions have been filed, the security may be released in full.

C. Security for faithful performance may be released as work progresses, upon approval of the city engineer; provided, that such release shall:

1. Not apply to any required warranty period nor to the amount of security deemed necessary by the council for such warranty period nor to costs and reasonable expenses and fees, including attorney fees;

2. Not exceed 90 percent of the value of the work completed at the time of the release after a reserve has first been established to provide for the amount of security necessary for the warranty period, costs, reasonable expenses and fees, including attorney fees.

(Prior code § 18-103)