San Francisco County Municipal Code Art. 6 Improvement Requirements

Sec. 1645. General. Sec. 1646. Improvement Plans. Sec. 1647. Construction. Sec. 1648. Failure to Complete Improvements Within Agreed Time. Sec. 1649. Inspection and Testing Fees. Sec. 1649.1. Revisions to Approved Plans. Sec. 1651. Improvement Agreement. Sec. 1651.1. Completion of Improvements. Sec. 1651.2. Acceptance of Improvements.

SEC. 1645. GENERAL. (a) The Subdivider shall provide for the construction and installation of all Public Improvements in the subdivision in accordance with the Plan and Plan Documents. (b) Except for Transfer Maps that are governed by Sections 1612.1 and 1651.1(c), the Subdivider shall enter into an Improvement Agreement pursuant to Section 1651 whenever required Public Improvements have not been completed prior to the filing of the Final Map. (c) Notwithstanding any provision of this Code or the Public Works Code to the contrary, a Subdivider or Applicant may request from the Director a street improvement permit to initiate the construction of Public Improvements independent of or as part of the approval of a Transfer Map, Final Map, or Parcel Map. Said permit shall comply with the applicable provisions of this Code, including, but not limited to, Articles 5, 6, and 8 in regard to the submittals, design, review, approval, documentation, construction, security, and acceptance for said Public Improvements, including associated Improvement Plans. In addition, all such permits shall comply with the provisions of Public Works Code Sections 2.3.1 et seq., if such provisions are applicable to the work contemplated under the permit. Fees for said permits shall be according to the Public Works Code Sections 2.1 et seq. unless modified by the Plan or Plan Documents. (Added by Ord. 304-04, File No. 041544, App. 12/24/2004; Ord. 209-10, File No. 100661, App. 8/3/2010) SEC. 1646. IMPROVEMENT PLANS. (a) Following approval of the Tentative Map and prior to filing of the Final Map, the Subdivider's engineer shall submit grading and construction plans for any required Public Improvements to the Director for approval. (b) Improvement Plans including grading plans and an erosion control plan, as appropriate, shall be prepared under the direction of a qualified and duly licensed professional civil engineer registered in the State of California. (c) Improvement Plans shall conform to the Subdivision Regulations regarding format, size and contents. (d) Any specifications supplementing the Standard Specifications shall be considered a part of the Improvement Plans. (e) The Improvement Plans shall reflect the public improvement required under the infrastructure plans set forth in the Plans and Plan

Documents. (1) The Phase 1 Infrastructure Plan may be amended or modified only by a written instrument executed by City and Agency, with the written consent of the Developer Representative, as defined in Hunters Point Shipyard Interagency Cooperation Agreement for Phase

1. The Developer Representative's consent shall not be unreasonably withheld, conditioned or delayed. (i) The Mayor or his or her designee and the Director (or any successor City officer as designated by law) shall have the authority

to consent to any non-material amendments or other modifications to the Phase 1 Infrastructure Plan, after consultation with the directors of any affected City Agencies. For purposes hereof, "non-material changes" shall mean any change which does not materially increase the costs or liabilities of the City, or does not materially decrease the time periods required for review or approval by any City agency of permits, approvals, agreements and entitlements in connection with the implementation of the Plan and Plan Documents. (ii) Material amendments to the Phase 1 Infrastructure Plan that would materially alter the obligations of the City Agencies or principal benefits as provided in this Section shall require the approval of the Board of Supervisors, by resolution. (2) The Infrastructure Plan contained in the Disposition and Development Agreement for Candlestick Point/Hunters Point Shipyard Phase 2 (CP/HPS Infrastructure Plan) may be amended or modified from time to time consistent with the provisions of the applicable disposition and development agreement. In addition, amendments to the CP/HPS Infrastructure Plan shall be subject to the prior written approval of the City, acting by and through the Mayor or his or her designee, the Director (or any successor City officer as designated by law), and the director of any affected City Agency. (f) The Director shall act upon and review Improvement Plans within the time periods specified in Section 66456.2 of the SMA; provided, however, that no Improvement Plans submission shall be deemed complete for filing until the subdivider has obtained approval of the Improvement Plans pursuant to Article 31 of the Health Code. The Director shall send a copy of the Improvement Plans to the Agency for its review. The Director's review of the Improvement Plans shall conform with the Plan and Plan Documents. This time limit may be extended by mutual agreement. (Added by Ord. 304-04, File No. 041544, App. 12/24/2004; Ord. 209-10, File No. 100661, App. 8/3/2010) SEC. 1647. CONSTRUCTION. (a) No construction of Public Improvements shall commence until Improvement Plans have been approved by the Director and appropriate City permits have been issued. Prior to issuance of any such permits, the City shall obtain easements from the Subdivider or third parties to allow for the City to complete construction of Public Improvements on private property should the Subdivider fail to do so and to allow for public use, if necessary, prior to City acceptance of such Public Improvements. Also, prior issuance of any such permits, the City shall obtain an irrevocable offer of dedication of private property in fee title from the Subdivider or third parties where said property is designated for use as future public right-of-way in the Plan and Plan Documents. The City, at its option, shall obtain an irrevocable offer of dedication of private property in fee title from Subdivider or third parties where Public Improvements will be constructed on said property. In addition, City also shall obtain from Subdivider an irrevocable offer of dedication of any Public Improvements constructed pursuant to the Plan, Plan Documents, and this Code. (b) Notwithstanding Administrative Code Chapter 23, the Director of Property is authorized to enter into easements for a term of five (5) years or less for purposes of Subsection (a) above or other purposes associated with construction and use of Public Improvements as set forth in this Code. (c) Construction of Public Improvements that are to be accepted by the City as Public Improvements or for public maintenance and liability purposes shall be subject to inspection by the Director. The Subdivider is responsible for paying the applicable engineering inspection fee as specified in the Public Works Code. (d) Any work done by the Subdivider prior to issuance of appropriate City permits or approval of Improvement Plans, including changes thereto, or without the inspection and testing required by the Director is subject to rejection. Such work shall be deemed to have been done at the risk and peril of the Subdivider. (e) The design and layout of all required improvements, both on-site and off-site, private and public, shall conform to the Plan, Plan Documents, the applicable provisions of City Regulations and Tentative Map conditions consistent therewith. (f) Installation of Underground Facilities. All underground facilities including sanitary and drainage facilities, and duct banks, and excepting survey monuments installed in streets, alleys, or pedestrian ways shall be constructed, by the Subdivider and inspected and approved by the Director, prior to the surfacing of such street, alley or pedestrian way. Service connections for all underground utilities and sewers shall be laid to such length as will in the Director's opinion obviate disturbing the street, alley, or pedestrian way improvements when service connections are completed to properties in the subdivision. (Added by Ord. 304-04, File No. 041544, App. 12/24/2004; Ord. 209-10, File No. 100661, App. 8/3/2010) SEC. 1648. FAILURE TO COMPLETE IMPROVEMENTS WITHIN AGREED TIME.

The Improvement Agreement shall include provisions consistent with the Plan and Plan Documents and this Code regarding extensions of time and remedies when improvements are not completed within the agreed time. (Added by Ord. 304-04, File No. 041544, App. 12/24/2004; Ord. 209-10, File No. 100661, App. 8/3/2010) SEC. 1649. INSPECTION AND TESTING FEES. (a) The actual costs of inspecting the construction of improvements under Section 1647(b) of this Code shall be paid by the Subdivider. (b) The actual costs of testing the materials incorporated in the improvements under Section 1647(b) of this Code shall be paid by the Subdivider. (Added by Ord. 7-05, File No. 041665, App. 1/8/2005)

(a) Requests by the Subdivider for revisions to the approved Improvement Plans shall be submitted in writing to the Director and shall be accompanied by drawings showing the proposed revision. If the revision is acceptable to the Director and the Agency and consistent with the Plan, Plan Documents and Tentative Map, the Director shall initial the revised plans. Construction of any proposed revision shall not commence until revised plans have been received and approved by the Director. (Added by Ord. 304-04, File No. 041544, App. 12/24/2004; Ord. 209-10, File No. 100661, App. 8/3/2010) SEC. 1651. IMPROVEMENT AGREEMENT. (a) General. This Section shall only apply to Public Improvements that have not been completed or conditions that have not been fulfilled prior to filing a Parcel or Final Map. An agreement (the "Improvement Agreement") shall be approved by the Director, approved as to form by the City Attorney, and executed by the Director on behalf of the City. The Improvement Agreement shall be consistent with the Plan and Plan Documents and shall provide for: (1) Construction of all Public Improvements required pursuant to the Plan, Plan Documents, this Code, and conditions imposed on the Tentative Map or Parcel Map consistent therewith, including any required off-site improvements, within the time specified by Section 1651.1; (2) Satisfaction of conditions precedent to the transfer of title to the City of all land and improvements required to be dedicated to or acquired by the City, if the City elects to defer transfer of title until after the Public Improvements have been completed consistent with the Plan and Plan Documents, including any approved title exceptions as defined therein, which are or shall be specified herein; (3) Payment of inspection fees in accordance with applicable City Regulations, consistent with the Plan and Plan Documents; (4) Improvement security as required by Section 1670; (5) Maintenance and repair of any defects or failures of the required Public Improvements, and to the extent feasible removing their causes, prior to acceptance of the Public Improvements by the City or Agency; (6) Release and indemnification of the City from all liability incurred in connection with the construction and design of Public Improvements and payment of all reasonable attorneys' fees that the City may incur because of any legal action or other proceeding arising from the construction, except release and indemnification disallowed under the SMA or any other State or federal law pursuant to the procedures provided in the SMA; (7) Payment by Subdivider of all costs and reasonable expenses and fees, including attorneys' fees, incurred in enforcing the obligations of the Improvement Agreement; (8) Any other deposits, reimbursements, fees or conditions as required by City Regulations consistent with Plan and Plan Documents, and as may be required by the Director; (9) Any other provisions required by the City as reasonably necessary to effectuate the purposes and provisions of the SMA and this Code in accordance with the Plan and Plan Documents. (b) Any Improvement Agreement, contract or act required or authorized by the SMA or this Chapter for which security is required,

shall be secured in accordance with Section 66499 et seq. of the SMA and Article 8 of this Division. (Added by Ord. 304-04, File No. 041544, App. 12/24/2004; Ord. 209-10, File No. 100661, App. 8/3/2010)

(a) With the exception of Transfer Maps, which are governed by Sections 1612.1 and 1651.1(c) hereof, the Public Improvements for subdivisions of five or more parcels which are not otherwise required to be completed prior to recordation of a Final Map, shall be completed by the Subdivider within the time specified in an Improvement Agreement which is consistent with the Plan and Plan Documents. (b) With the exception of Transfer Maps, which are governed by Sections 1612.1 and 1651.1(c) hereof, the completion of Public Improvements for subdivisions of four or fewer parcels which are not otherwise required to be completed prior to recordation of a Parcel Map or Final Map may be deferred until a permit or other grant of approval for the development of any parcel within the subdivision is applied for, unless the completion of the Public Improvements is found to be necessary for public health or safety or for the orderly development of the surrounding area, in which case the Improvement Agreement shall specify a time for completion. If any required Public Improvements are not completed at the time of recordation of a Parcel Map or Final Map for four or fewer parcels, an Improvement Agreement is required pursuant to Section 1651. This finding shall be made by the Director, after consultation with appropriate City Agencies. The specified date for completion of the Public Improvements, when required, shall be stated in the Improvement Agreement. Public Improvements shall be completed in accordance with the Improvement Agreement. (c) No Public Improvements shall be required to be completed in connection with Transfer Maps. For all other subdivisions, only on- site Public Improvements and those off-site Public Improvements necessary to provide connections to the on-site improvements and those Public Improvements required by the Plan or Plan Documents shall be required. (d) Completion dates may be extended by the Director according to the following procedures: (1) The Subdivider must request an extension in writing, stating adequate evidence to justify the extension, by letter to the Director. The request shall be made not less than 30 days prior to expiration of the Improvement Agreement. The Director may grant such extensions, subject to the terms of the Improvement Agreement. (2) The Director may condition approval of an extension agreement upon the following: (i) Revised improvement construction estimates to reflect current improvement costs as approved by the Director; (ii) Increase of improvement securities in accordance with revised construction estimates; (iii) Inspection fees may be increased to reflect current construction costs but shall not be subject to any decrease or refund; and (iv) Conditions that the Director deems necessary to assure the timely completion of Public Improvements. (3) If authorized by the Director, the Subdivider shall enter into an Improvement Agreement extension ("extension agreement") with the City. The extension agreement shall be approved by the Director and the City Attorney, and executed by the Director, the Subdivider. (4) The costs incurred by the City in reviewing and processing the extension agreement shall be paid by the Subdivider at actual cost. (e) Should the Subdivider fail to complete the Public Improvements - within the specified time, or correct all deficiencies within the time specified for completion, the City may, by resolution of the Board of Supervisors and at its option, cause any or all uncompleted Public Improvements to be completed and all uncorrected deficiencies to be corrected, and the Subdivider and parties executing the security or securities shall be firmly bound for the payment of all necessary costs. (f) As-Built Plans. Upon completion of the Public Improvements, the Subdivider shall submit to the Director a reproducible set of as- built Improvement Plans. (Added by Ord. 304-04, File No. 041544, App. 12/24/2004; Ord. 209-10, File No. 100661, App. 8/3/2010)

(a) General. With respect to all subdivisions, when any deficiencies in the required Public Improvements have been corrected, as- built improvement plans submitted, and the City Engineer, upon written request from the Subdivider, issues a Notice of Completion, the completed Public Improvements shall be considered by the Director for acceptance. (b) Acceptance. If the Public Improvements have been completed to the satisfaction of the Director and are ready for their intended use, the Director shall provide the Board of Supervisors with a written certificate to that effect, and the Public Improvements may be accepted by the Board of Supervisors, by ordinance, subject to the provisions of San Francisco Administrative Code Section 1.52.

Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily, are ready for their intended use, and that Public Improvements have been accepted for public use. Acceptance of any Public Improvement shall not effect a waiver of any rights the City may have as to warranties and construction defects. (c) Notwithstanding the above requirements, the following provisions shall apply to all stormwater and sewer pump stations and Transportation Infrastructure in the Candlestick Point/Hunters Point Shipyard Subdivision Area: (1) Pump Station Warranty. The Subdivider shall warranty each pump station for three years after the City Engineer issues its Notice of Completion for said pump station. (2) Transportation Infrastructure Warranty. The Subdivider shall warranty the Transportation Infrastructure for no less than two years after the City Engineer issues its Notice of Completion for said Infrastructure unless the SFMTA or its designee authorizes a shorter warranty period. (3) Subdivider's liability pursuant to the warranties in Subsections (c)(1) and (2) above shall not extend to harm or damage from improper maintenance or operation of the pump station or Transportation Infrastructure by a City Agency or the City Agency's agent. (Added by Ord. 304-04, File No. 041544, App. 12/24/2004; Ord. 209-10, File No. 100661, App. 8/3/2010)