Richmond Municipal Code Art. 15.04.709 Improvements

The purpose of this article is to establish the required types, procedures, and processes for improvements that may be imposed as a condition for approval of a subdivision.

The subdivider shall construct all required improvements, both on-site and off-site, according to standards approved by the City.

A. General. All improvements as may be required as conditions of approval of a tentative map or City ordinance, together with, but not limited to the following shall be required of all subdivisions.

1. Requirements for construction of on-site and off-site improvements for subdivisions of four or fewer 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.

2. 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 provisions of Sections 66485-66489 of the Subdivision Map Act.

3. The improvements shall be constructed to the satisfaction of the Director of Engineering and Capital Improvement Projects in accordance with the approved improvement plans and specifications and at the expense of the subdivider. Construction of improvements shall not begin until the final map or parcel map has been filed with the County Recorder; however, work under grading permits or watercourse permits may be initiated prior to such filing at the discretion of the Director of Engineering and Capital Improvement Projects.

B. Frontage Improvements. The frontage of each lot shall be improved to its ultimate adopted geometric section, including street structural section, curbs, sidewalks, driveway approaches and transitions.

C. Pedestrian Ways.

1. Pedestrian ways 10 feet or more in width may be required:

a. Through the middle of blocks that are more than 1,000 feet in length;

b. To connect cul-de-sac;

c. To provide access to playgrounds, parks, schools, shopping centers, or similar community facilities; and/or

d. To provide access to bikeways or trails shown on the General Plan, the City of Richmond Bicycle Master Plan, any adopted specific plan, and City of Richmond Pedestrian Plan.

2. The subdivider shall install paving, landscaping, and fences as, approved by the Planning Commission unless otherwise waived.

D. Bikeways.

1. Bikeways shall be required as may be required by the Director of Engineering and Capital Improvement Projects and Zoning Administrator in all locations shown on the General Plan and any adopted specific plan and the City of Richmond Bicycle Master Plan, or as approved by the Planning Commission and City Council.

2. Widths shall be as established by the City of Richmond Bicycle Master Plan and are subject to approval by the Director of Engineering and Capital Improvement Projects and Zoning Administrator.

3. Appropriate signs as may be required by the Director of Engineering and Capital Improvement Projects shall be furnished and installed by the subdivider.

E. Trails.

1. Trail improvements shall be provided and graded out as may be required by the Director of Engineering and Capital Improvement Projects and Zoning Administrator in all locations shown in the General Plan and any adopted specific plan, or as approved by the Planning Commission and City Council.

2. Improvements (e.g., fencing, signs, etc.) shall be provided as necessary for the public health, safety, and general welfare.

F. Street Trees.

1. The subdivider shall be required to plant street trees at 30 feet on center along all public and private streets within and/or bordering a residential subdivision and 50 feet on center within a commercial, mixed-use or industrial subdivision. The minimum caliper shall be 1½ inches or a minimum 15-gallon size.

2. The trees shall be of a species and size that are approved by the Director of Engineering and Capital Improvement Projects in accordance with the General Plan, any applicable specific plan, the Zoning Ordinance and applicable Design Guidelines for each particular street.

3. The exact location, species, and size of trees approved to be installed shall be shown on the improvement and landscape plans.

G. Storm Drainage. Storm water runoff from the subdivision shall be managed on-site or 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 runoff attributed to the development. Off-site storm drain improvements may be required to satisfy this requirement.

H. Sanitary Sewers. Each unit or lot within the subdivision shall be served by the City's sewer collection system as required by the Municipal Code, unless an individual system is permitted thereunder.

I. Water Supply. Each unit or lot within the subdivision shall be served by an approved domestic water system.

J. Utilities. Each unit or lot within the subdivision shall be served by gas (if required), electric, telephone/internet, and cable television facilities. All utility distribution facilities (including but not limited to electric, video service, communication, and cable television lines) installed in and for the purpose of supplying service to any subdivision shall be placed underground in accordance with the utility's rules and regulations on file with the California Public Utilities Commission and also pursuant to the Municipal Code. Equipment appurtenant to underground facilities, such as transformers, streetlight poles, pedestal-mounted terminal boxes, and meter cabinets and concealed ducts, may be installed above the surface of the ground.

K. Fire Hydrants.

1. Subdividers shall install fire hydrants, gated connections, and appurtenances as required by the Richmond Fire Chief. Such hydrants, connections, and appurtenances shall be shown on the improvement plans.

2. The plans shall be reviewed and approved by the Fire Department.

3. The inspection and approval of fire hydrants, gated connections, and appurtenances, as herein required, shall be by the Richmond Fire Chief.

L. Walls and Fences. Along any street where lots front on one street, but back up to another street, or where no vehicular access is allowed, a decorative masonry wall at least six feet in height, as measured from the adjacent finished grade, shall be provided. The design and material of said wall shall be reviewed and approved by the Design Review Board. The setback of such fencing from the right-of-way line may be varied, but shall average of five feet, except that a lesser average setback may be allowed by the Design Review Board where a monolithic sidewalk is to be developed. All unpaved areas shall be landscaped, and a funding mechanism, such as a homeowners' association, shall be created, and recordation of an agreement with the City will be required, to ensure maintenance of all landscaping and fencing.

M. Off-Site Improvements. If the subdivider is required to construct off-site improvements on land in which neither the City or the subdivider have sufficient title or interest to allow construction, the City shall, within 120 days of recording the final map, acquire by negotiation or commence condemnation of the land. If the City fails to meet the 120-day time limit for these actions, the condition for the construction shall be waived. Prior to approval of the final map, the City may require the subdivider to enter into an agreement to complete the off-site improvements at the time the City acquires title or interest in the land. The subdivider shall pay the cost of acquiring off-site land or an interest in the land required to construct the off-site improvements.

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018)

Improvement plans shall be prepared under the direction of a California-registered civil engineer licensed by the State of California and conform to City requirements. The plans shall be submitted to the Director of Engineering and Capital Improvement Projects for approval and must be approved before a final map or a parcel map may be filed.

Improvement plans shall contain the following information:

A. Each sheet shall have a title, which shall consist of the subdivision number and a statement of what is shown on the sheet.

B. On the title sheet shall appear the title, a vicinity map showing the location of the subdivision in relation to major arteries and landmarks, an index of sheets, a key diagram showing what streets and sewers are shown on the various sheets, and a block for the signature of the Director of Engineering and Capital Improvement Projects. In addition, the registered civil engineer preparing the plans shall certify that the plans have been prepared in conformance with the soils report. A certificate of approval by a sanitary district of any of the improvements of concern to said district shall appear on the title sheet. A certificate of approval by the Richmond Fire Chief and the fire chief of any fire district concerned with the improvements shall appear on the title sheet.

C. Each sheet shall be dated, shall be signed and stamped by a registered civil engineer in the State of California, shall have the appropriate scales prominently displayed, shall refer to the elevation datum used, and shall have north arrows where appropriate.

D. The particular number of each sheet and the total number of sheets comprising the plans shall be stated on each sheet.

E. The plans shall show the plans, profiles and details for all street work, drainage channels and structures, and sewer facilities.

F. The plans shall show the plans and profiles of all public utility main-line installations, including but not limited to water mains, electric, telephone and television conduits, and gas mains. The location of all utility boxes, manholes and related facilities must be shown.

G. The plans shall show the location of electroliers and the location and depth of all street lighting conduit, the location of all fire hydrants, and the location of all street trees.

H. The plans shall show the plans and profiles of all other public-related improvements required to be installed as directed by the Director of Engineering and Capital Improvement Projects.

I. The plans shall show the plan and profile of all existing improvements to remain in the subdivision.

Improvement plans shall be accompanied by the following:

A. Grading Permit. A grading permit must be obtained pursuant to Ordinance 12.44 of the Municipal Code for all grading in the subdivision.

B. Watercourse Permit. A watercourse permit must be obtained when required under Ordinance 12.08 of the Municipal Code.

C. Drainage Calculations. The subdivider or his representative shall submit any data, including profiles, contours, design calculations, or other information required by the Director of Engineering and Capital Improvement Projects to ensure the design standards for drainage facilities are complied with.

D. Specifications. The subdivider or his representative shall submit specifications for all work shown on the improvement plans. Improvement work shall be constructed in conformance with the publication of the Southern California Ordinance of the American Public Works Association, et al., known as "Standard Specifications for Public Works Construction," as amended, and with any supplemental special conditions to be approved by the Director of Engineering and Capital Improvement Projects.

E. Improvement Plan Checking Fee. The required fee shall accompany the improvement plans when they are submitted for checking.

F. Improvement Estimate. The subdivider or his representative shall submit an estimate of cost of improvements within public rights-of-way, easements, and common areas.

G. Other Data. The subdivider or his representative shall submit any other data that may be required by the Director of Engineering and Capital Improvement Projects to support the design of improvements shown on the improvement plans.

A. Traverse. Exterior boundary traverses, based upon field measurements of the ground, must close within a limit of one foot to 10,000 feet of perimeter.

B. Computer Calculations. Computer calculations must be submitted showing that all linear, angular and radial data for lines shown on maps close and are mathematically compatible.

C. Bearing Ties. Ties to the California Coordinate System, Zone 3, shall be to second-order accuracy using primary horizontal control monuments approved by the Director of Engineering and Capital Improvement Projects. Ties to other bases of bearings must have the approval of the Director of Engineering and Capital Improvement Projects.

D. Boundary Monuments. Monuments shall be set on the exterior boundary of the subdivision at all corners, angle points, points of tangency, and at intervals not to exceed 500 feet along the subdivision boundary. The monuments shall be galvanized iron pipes of at least one inch inside diameter and not less than 30 inches long. They shall be filled with cement mortar and shall be marked with a metal tag giving the license number of the engineer or surveyor setting the monuments.

E. Street Monuments. Monuments shall be set on all street centerlines or approved monument lines at angle points, points of tangency, street centerline or monument-line intersections, and at intersections with the subdivision boundary. The monument shall consist of a bronze pin set in concrete below a cast-iron frame and cover. Monuments shall conform to the details shown on city standard plans on file in the Department of Public Works.

F. Bench Marks. Accurate elevations shall be established for each street monument set based upon the National Geodetic Vertical Datum of 1929.

G. Lot Corner Hubs. Corners and points of tangency in lot lines of all lots in a subdivision shall be marked by a tack in a two-inch by two-inch redwood hub. Cross marks on the sidewalk or curb may be substituted for front line hubs.

A. When Required. If at the time of approval of the final map by the City Council or the parcel map by the Director of Engineering and Capital Improvement Projects any public improvements required by the City pursuant to the Subdivision Map Act or this Ordinance have not been completed and accepted in accordance with the applicable standards established by this Ordinance, the subdivider shall be required to enter into one of the following Improvement Agreements:

1. An agreement with the City upon mutually agreeable terms to thereafter complete such improvements at the subdivider's expense; or

2. An agreement with the City to:

a. Initiate and consummate proceedings under an appropriate special assessment act for the financing and completion of all such improvements, or

b. If not completed under such special assessment act, to complete such improvements at the subdivider's expense.

B. Contents. The Improvement Agreement shall be approved as to form by the City Attorney. The Improvement Agreement shall contain as a minimum the following provisions, where applicable:

1. The subdivider or his representative shall construct all required improvements at the subdivider's expense in accordance with the approved improvement plans and specifications therefor.

2. The subdivider or his representative shall complete construction of required improvements within a period of two years from the date of the agreement.

3. If the subdivider or his representative fails to complete the work within two years or any extension of time granted by the City Council, the City Council may, at its option, complete the required improvements and the subdivider and/or his surety shall be firmly bound under a continuing obligation for payment of the full cost and expense incurred or expended by the City in completing the work.

4. The subdivider or his representative shall reimburse the City for engineering and inspection services. Fees for engineering and inspection services shall be as established by resolution of the City Council.

5. The subdivider or his representative shall submit one set of acceptable reproducible "as-built" drawings, certified as such by the subdivider's engineer.

6. The subdivider or his representative shall submit a letter signed by the subdivider's soils engineer stating that the improvements were constructed in conformance with the approved improvement plans, grading plans and soils report.

7. The subdivider or his representative shall set all required monuments and corner stakes. A street monument list shall be submitted after the monuments have been installed and shall include the elevation and coordinates of each monument.

8. If required by the City, the subdivider shall arrange for the maintenance of all improvements not to be maintained by the City.

9. The subdivider shall furnish the City with the required improvement security.

10. The subdivider shall furnish the City with the required security for guaranteeing the improvement work.

C. Extension. If the subdivider wishes to extend the time of construction, he shall apply in writing to the Director of Engineering and Capital Improvement Projects. Any extension of time shall be for a maximum of one year and shall be approved by the City Council.

D. Action. After approval by the City Attorney, the improvement agreement shall be signed and acknowledged by the subdivider. The agreement shall be considered by the City Council at the same time as the final map or prior to the approval of the parcel map by the Director of Engineering and Capital Improvement Projects.

A. Required. The subdivider shall secure any acts agreed to be performed in the Improvement Agreement in accordance with Section 66499 of the Subdivision Map Act.

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

1. Bond or bonds by one or more duly authorized corporate sureties. The form of the bond or bonds shall be in accordance with Section 66499.1 and 66499.2 of the Subdivision Map Act.

2. A deposit, either with the city 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 moneys.

3. An instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.

C. Amount of Security. A performance bond or security in the amount of one hundred percent of the estimated cost of the performance of the acts set forth in the improvement agreement shall be required. In addition, a payment bond for the security of laborers and materialmen or security in the amount of 50 percent of the estimated cost of the performance of the acts set forth in the improvement agreement shall be required. The estimated cost referred to in this subsection shall be approved by the Director of Engineering and Capital Improvement Projects and shall include ten percent of the total cost for contingencies.

D. Special Assessment Proceedings. If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, the City at its option may, upon the furnishing by the contractor of the faithful performance and labor and material bonds required by the special assessment act being used, reduce the improvement security of the subdivider by an amount corresponding to the amount of such bonds so furnished by the contractor.

E. Guarantee. Security shall be required in the amount of 15 percent of the estimated cost of the secured improvements or $500, whichever is greater, for the guarantee and warranty of the work for a period of one year following the completion and final acceptance thereof against any defective work or labor done, or defective materials furnished.

F. Release.

1. Performance Security. Security given for faithful performance of any act or agreement may be released upon the performance of the act or final completion and acceptance of the required work by the Director of Engineering and Capital Improvement Projects. The Director of Engineering and Capital Improvement Projects 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.

2. Payment Security. Security securing the payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment may, six months after the performance of the act or the completion and acceptance of the work, be reduced to an amount not less than the total of all claims on which an action has been filed and notice thereof given in writing to the City Council, and if no such actions have been filed, the security may be released in full.

Such release shall not apply to any required guarantee and warranty period nor to the amount of the security deemed necessary by the City for such guarantee and warranty period, nor to costs and reasonable expenses and fees, including reasonable attorneys' fees.

3. Guarantee Security. The guarantee security shall be released upon satisfactory completion of the guarantee period, provided all deficiencies appearing on the final deficiency list for the subdivision have been corrected.

The construction methods and materials for all improvements shall conform to the Standard Improvement Specifications established by the Director of Engineering and Capital Improvement Projects. Construction shall not commence until required improvement plans have been approved by the Director of Engineering and Capital Improvement Projects.

The subdivider shall complete the subdivision improvements within 12 months, or at a time approved by the Director of Engineering and Capital Improvement Projects Director, not to exceed 24 months, from the recording of the final map, unless an extension is granted by the City Council. If the subdivider fails to complete the improvements within the specified time, the City may, by resolution of the 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.

A. Procedure. Upon completion of the improvements required by the provisions of this article, the subdivider or his authorized agent shall file a complete set of "as built" improvement plans with the Director of Engineering and Capital Improvement Projects. Such "as built" plans shall be drawn on copies of the original tracings and be certified as to accuracy and completeness by the subdivider's licensed contractor or engineer. Upon the receipt and acceptance of such "as built" plans, the Director of Engineering and Capital Improvement Projects shall recommend to the City Council the formal acceptance of the improvements by the City.

B. Recordation of Acceptance. If the subdivision has been accepted by the City and public improvements have been dedicated on the final map, the City Clerk shall file an Acceptance of Public Improvements with the County Recorder. The Director of Engineering and Capital Improvement Projects shall file the acceptance of dedications on maps for four of fewer lots with the County Recorder. Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use.

C. Acceptance of a Portion of the Improvements. When requested by the subdivider in writing, the City may consider acceptance of a portion of the improvements as recommended by the Director of Engineering and Capital Improvement Projects. 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 section.

In the case of improvements that the City does not accept for maintenance, the subdivider may be required to arrange for the maintenance, control and management of such improvements in a manner acceptable to the Director of Engineering and Capital Improvement Projects. If the maintenance, control, and management of such improvements is to be accomplished by a homeowner's association, the following apply:

A. A homeowner's association must be established as a nonprofit association governed by a declaration of protective restrictions, conditions, covenants and charges made by the subdivider. One of the purposes of the homeowner's association must be to provide reasonable rules and regulations to enforce the covenants and restrictions and to keep, control, and maintain the common properties within the subdivision. The association also must provide for an assessment procedure to assure the necessary funds for the implementation of its purposes. The homeowner's association shall enter into an agreement with the City respecting the maintenance of the common properties.

B. If a subdivision is to be developed in units, each unit shall be required to belong to the same homeowner's association. If adjacent areas are subdivided by the same subdivider, the subdivisions shall belong to the same homeowner's association. The creation of new homeowner's associations shall be avoided where it is feasible to annex to an existing association.