Chapter 19.32 — IMPROVEMENTS AND FEES

State Law reference— For statutory provisions on improvement security, see Gov. Code § 66499 et seq.

The subdivider shall, as a condition for the approval of the final map or parcel map, consistent with Sections 66411.1 and 66462.5 of the Subdivision Map Act, improve or agree to improve all land either within or outside the subdivision to be used for public or private streets, alleys, pedestrian ways and easements with such improvements as the director shall determine to be necessary for the general use of the lot owners in the subdivision and local neighborhood traffic, drainage and sanitary needs.

(Prior code § 9242; Ord. 22126.)

Improvements to be installed or agreed to be installed as a condition precedent to the approval and acceptance of the final map or parcel map shall comply with requirements outlined in this title, shall be provided and developed in accordance with the conditions imposed by the director with respect to the approval or conditional approval of the tentative map, in accordance with any agreement made or entered into by the subdivider for the purpose of complying with such conditions, and in accordance with plans approved by the city engineer and the standard specifications of the city applicable at the time of the approval of the tentative map.

(Prior code § 9241; Ord. 26386.)

The subdivider shall provide and install such drainage facilities either within or outside the subdivision as are required by the director as a condition for approval of a tentative map. The director shall require that

such drainage facilities shall be installed within easements therefor required by the director, that such facilities shall conform to those described in the standard specifications applicable at the time of approval of the tentative map and shall be installed in accordance with the standard specifications applicable at the time of approval of the tentative map, in the specific locations shown on and in accordance with the plans approved by the city engineer for the subdivision.

(Prior code § 9245; Ord. 26386.)

The subdivider shall improve all streets which are a part of the subdivision, or are required by the director of the subdivision, with such street improvements as are required by the director as a condition for approval of the tentative map. Such improvements may include, but are not limited to, the following: street grading and paving; Portland cement concrete curbs and gutters; Portland cement concrete sidewalks; Portland cement concrete driveway approaches; ornamental fences and landscaping where double frontage lots are approved; pipes, catch basins, sanitary sewer mains, laterals and appurtenances; drainage mains, inlets, laterals and appurtenances; fire hydrants; street trees, street name signs; street lights, including electrical conduits and cables; and any and all appurtenances to any and all of the foregoing improvements. The director shall require that such improvements as are required by it for the subdivision shall be installed in accordance with the standard specifications of the city applicable at the time of approval of the tentative map, in the specific locations shown on and in accordance with the plans approved by the city engineer for the subdivision.

(Prior code § 9243; Ord. 26386.)

Subdivider shall provide and install such sanitary sewer facilities either within or outside the subdivision as are required by the director as a condition for approval of the tentative map. The director shall require that such sanitary sewer facilities shall be installed within easements therefor required by the director, that said facilities shall conform to those described in the standard specifications applicable at the time of approval of the tentative map, and shall be installed in accordance with the standard specifications applicable at the time of approval of the tentative map, in the specific locations shown on and in accordance with the plans which are approved by the city engineer for the subdivision.

(Prior code § 9246; Ord. 26386.)

A.

Utility facilities, with connections to each lot within the subdivision, adequate to supply telephone, electricity, gas and water service to the subdivision, shall be constructed and installed in and for the purpose of supplying telephone, electricity, gas and water service to the subdivision.

B.

All telephone and electricity distribution or transmission facilities installed in and for the purpose of supplying any telephone or electricity service to the subdivision, and also all telegraph and all community antenna television distribution or transmission facilities, if any, installed in and for the purpose of supplying any telegraph or community antenna television signal services to a subdivision, shall be placed underground, except as follows:

Transformers, pedestal mounted terminal boxes, meter cabinets and concealed ducts may be situated above ground if they are used solely for the purpose of providing service within the subdivision and are used solely in connection with the underground transmission or distribution lines;

Metal poles supporting electricity transmission lines, and the electricity transmission lines supported by such poles, may be situated above the surface of the ground if the voltage carried by such lines is more than 12KV and such lines are not connected to any distribution line situated within the subdivision and do not in any way serve any part of the subdivision;

Poles supporting streetlights, and the electrical lines within said poles, may be situated above the surface of the ground.

C.

The director may waive the underground requirements of this section, in whole or in part, if he finds that topographical, soil or other conditions or circumstances make underground installation of said facilities as required by this section unreasonable or impracticable.

(Prior code § 9250.)

Subdivider shall furnish and install in the subdivision such fire hydrants, including such appurtenant facilities as required to connect such fire hydrants to existing water service, whether within or outside the subdivision, as are required by the director as a condition for approval of the tentative map. The director shall require that such hydrants shall be installed within streets or other easements therefor required by the director; that such hydrants shall conform to those described in the standard specifications applicable at the time of approval of the tentative map, and shall be installed in accordance with the standard specifications applicable at the time of approval of the tentative map, in the specific locations shown on and in accordance with the plans which are approved by the city engineer for the subdivision.

(Prior code § 9247; Ords. 19497, 19836, 20641, 21029, 21045, 21298, 26386, 29307.)

Sidewalk improvements may be omitted from all or part of a proposed subdivision if the director, upon written recommendation of the city engineer, finds that because of the proposed design of and/or other

proposed improvements for such subdivision the subdivision will best be served by the omission of such sidewalk improvements from all or part of such subdivision.

(Prior code § 9244.)

Proposed street names shall not duplicate or too closely approximate phonetically the names of any streets in San José or its immediate environs. Where streets are continuations of existing streets, the existing street names shall be used.

(Prior code § 9283.)

A.

The subdivider shall install such street name signs in the subdivision as are required by the director as a condition for approval of the tentative map. The director shall require that such street name signs shall be installed within streets or other easements therefor required by the director, that such signs shall conform to those described in the standard specifications applicable at the time of approval of the tentative map, and shall be installed in accordance with the standard specifications applicable at the time of approval of the tentative map, in the specific locations shown on and in accordance with the plans which are approved by the city engineer for the subdivision.

B.

In lieu of the subdivider furnishing and installing such street name signs, the subdivider may elect to have the city furnish and install such street name signs, provided the subdivider shall pay the city in advance for the furnishing and installing of such signs in the amount set forth in the schedule of fees established by resolution of council.

(Prior code § 9248; Ords. 20641, 21029, 21045, 21298, 26386.)

A.

Subdivider shall furnish and install such street trees within the subdivision as are required by the director as a condition for approval of the tentative map. The director shall require that such street trees shall be installed within street or other easements therefor required by the director, that such trees shall conform to those described in the standard specifications applicable at the time of approval of the tentative map, and shall be installed in accordance with the standard specifications applicable at the time of approval of the tentative map, in the specific locations shown on and in accordance with the plans for the improvement of the subdivision which are approved by the city engineer.

B.

In lieu of the subdivider furnishing and installing such street trees, the city may elect that the subdivider, prior to the approval of the final map or parcel map, deposit with the city the sum set forth in the schedule of fees established by resolution of council. The amount so deposited shall be used by the city to install such street trees as are required by the director as a condition for approval of the tentative map in the manner aforesaid.

(Prior code § 9249; Ords. 19715, 20634, 21036, 21052, 21298, 26386.)

Subdivider shall furnish and install such traffic-control signs within the subdivision as are required by the director as a condition for approval of the tentative map. The director shall require that such traffic-control signs shall be installed within street or other easements therefor required by the director; that such traffic- control signs shall conform to those described in the standard specifications applicable at the time of approval of the tentative map, and shall be installed in accordance with the standard specifications applicable at the time of approval of the tentative map, in the specific locations shown on and in accordance with the plans for the improvement of the subdivision which are approved by the city engineer.

In lieu of subdivider furnishing and installing such traffic-control signs, city may elect that subdivider, prior to the approval of the final map or parcel map, deposit with city the amount set forth in the schedule of fees established by resolution of council. The amount so deposited shall be used by city to install such traffic control signs as are required by the director as a condition for approval of the tentative map in the manner aforesaid.

(Ords. 19716, 21037, 21053, 21298, 26386.)

Subdivider shall furnish and install such pavement markings within the subdivision as are required by the director as a condition for approval of the tentative map. The director shall require that such pavement markings shall be installed within street or other easements therefor required by the director; that such pavement marking shall conform to those described in the standard specifications applicable at the time of approval of the tentative map, and shall be installed in accordance with the standard specifications applicable at the time of approval of the tentative map, in the specific locations shown on and in accordance with the plans for the improvement of the subdivision which are approved by the city engineer.

In lieu of subdivider furnishing and installing such pavement markings, city may elect that subdivider, prior to the approval of the final map or parcel map, deposit with city the amount set forth in the schedule of fees established by resolution of council for all pavement markings in the proposed subdivision. The amount so deposited shall be used by city to install such pavement markings as are required by the director as a condition for approval of the tentative map in the manner aforesaid.

(Ords. 19716, 20641, 21029, 21045, 21298, 26386.)

In the event the subdivider elects to construct the improvements required by the Director in connection with the subdivision before the final map is presented for approval to the City Engineer, the subdivider shall

present to the City Engineer for approval the plans for such improvements. The subdivider of the subdivision shall also enter into an improvement agreement with the City, in a form approved by the City Attorney, agreeing to complete said improvements consistent with the approved improvement plans within 18 months from the date of execution of the agreement and approval of the improvements plans. Concurrently with the improvement agreement, the subdivider shall provide the City with the security required by Section 19.32.130, excepting that the required security for faithful performance may be waived at the discretion of the City Engineer. The subdivider shall also provide the City with a cleanup deposit in the manner and amount specified in Section 27.38.140 of Chapter 27.38 of Title 27 of this Code. Security for labor and materials and warranty security shall not be waived by the City Engineer.

Immediately upon execution of the improvement agreement and improvement plans by the City Engineer, the subdivider may commence the construction of such improvements in accordance with such plans and the standard specifications of the City in effect at the time of approval of the tentative map.

(Prior code § 9251; Ords. 26386, 28676, 30308.)

A.

The city engineer may enter into improvement agreements with subdividers that are submitted in accordance with and meet the requirements set forth in Section 19.32.130.

B.

The city engineer's action on an improvement agreement may be appealed to the city council for conformance with the provisions of this Title 19 and Chapter 3 of the Subdivision Map Act commencing with Government Code Section 66451. Such appeal shall be in writing and filed with the city clerk within fifteen days of the city engineer's action. The city clerk shall place the matter on the city council agenda as soon as is practicable.

C.

The city council shall review the delegation of authority to the city engineer hereunder annually in conjunction with its budget process.

(Ord. 26386.)

At the time the final map is presented for approval to the city engineer, if the improvements required in connection with the subdivision have not been completed, plans for the improvements which the subdivider is required to construct in connection with the subdivision shall be presented to the city engineer for approval unless plans therefore have been previously approved. Before approval and recording of the said final map, the subdivider of the subdivision shall enter into an agreement with the city agreeing to complete the said improvements within 18 months from the date of execution of the agreement in consideration of the acceptance by the city of the dedications offered on the final map. Said agreement

shall be secured by a good and sufficient security, in forms approved by the city attorney, in the following minimum amounts:

A.

Faithful performance: 100 percent (100%) of the total estimated of the cost of the public improvements conditioned upon the faithful performance of the act to be performed or agreement;

B.

Labor and materials: An additional 100 percent (100%) of the total estimated cost of the public improvements securing payment to the contractor, to the subcontractors, and to persons furnishing labor, materials, or equipment for the improvement or the performance of the required act; and

C.

Warranty: An additional 20-five percent (25%) of the total estimated of the cost of the public improvements for a period of one year following the completion and acceptance thereof against any defective work or labor done or defective materials furnished, in the performance of the improvement agreement or the performance of the act. Such security shall be one of the following and in a form approved by the city Attorney:

Bond or bonds by one or more corporate sureties duly authorized by the California Insurance Commissioner to transact the business of insurance;

A certificate of deposit in favor of the city; or

An irrevocable standby letter of credit.

The subdivider of the subdivision shall also agree in said improvement agreement to furnish to the city a policy or policies of liability insurance to be paid for by said subdivider, which policy or policies of insurance shall meet the requirements of insuring the city, its officers and employees which are established by resolution of the city council.

(Prior code § 9252; Ords. 21616, 26386, 28676.)

At the time the parcel map is presented for approval to the city engineer, if the improvements required in connection with the subdivision have not been completed, plans for the improvements which the subdivider is required to construct in connection with the subdivision shall be presented to the city engineer for approval unless plans therefore have been previously approved. Before approval and recording of the said parcel map, the subdivider of the subdivision shall enter into an agreement with the city agreeing to complete the said improvements within 18 months from the date of execution of the agreement in

consideration of the acceptance by the city of the dedications offered on the parcel map. Said agreement shall be secured by a good and sufficient security, in forms approved by the city attorney in the following minimum amounts:

A.

Faithful performance: 100 percent (100%) of the total estimated of the cost of the public improvements conditioned upon the faithful performance of the act to be performed or agreement;

B.

Labor and materials: An additional 100 percent (100%) of the total estimated cost of the public improvements securing payment to the contractor, to the subcontractors, and to persons furnishing labor, materials, or equipment for the improvement or the performance of the required act; and

C.

Warranty: An additional 20-five percent (25%) of the total estimated of the cost of the public improvements for a period of one year following the completion and acceptance thereof against any defective work or labor done or defective materials furnished, in the performance of the improvement agreement or the performance of the act. Such security shall be one of the following and in a form approved by the city attorney:

Bond or bonds by one or more corporate sureties duly authorized by the California Insurance Commissioner to transact the business of insurance;

A certificate of deposit in the name of the city; or

An irrevocable standby letter of credit.

The subdivider of the subdivision shall also agree in said improvement agreement to furnish to the city a policy or policies of liability insurance to be paid for by said subdivider, which policy or policies of insurance shall meet the requirements of insuring the city, its officers and employees which are established by resolution of the city council.

(Prior code § 9253; Ords. 21617, 26386, 28676.)

All improvements required to be installed and constructed by subdivider in connection with the development of a subdivision shall be installed and constructed under the direction of and to the satisfaction of the city engineer or his authorized representative.

(Prior code § 9254.)

Upon submission of a final map or parcel map for checking and certification, the subdivider shall deposit with the city clerk a check made payable to the county recorder equal to the amount required by law for the recordation of the final map or parcel map. Upon the filing of the final map or parcel map for recordation in the office of the county recorder, such money so deposited shall be used in payment of fees for the recording of the final or parcel map. In the event that the subdivider abandons his intention to cause such map to be recorded prior to the time the final map or parcel map is submitted to the clerk of the county board of supervisors for recording, and the subdivider or his agent so notifies the city clerk of such fact in writing, such money shall be returned by the city to the subdivider who deposited the same.

(Prior code § 9256.)

The subdivider shall, prior to recordation of the final map, sign an agreement to pay the city, as a fee for all map and plan checking and inspection by city in connection with the subdivision, an amount of money, in accordance with the resolution of the city council establishing the fees and charges for this chapter.

(Prior code § 9257; Ords. 20641, 21029, 21045, 21298, 22126.)

The subdivider shall, prior to recordation of the parcel map, sign an agreement to pay the city, as a fee for all map and plan checking and inspection by the city in connection with the subdivision, an amount of money, in accordance with the resolution of the city council establishing fees and charges for this chapter.

(Ords. 20641, 21298, 22126.)

Prior to recordation, the subdivider shall pay to the city a fee for the clearance review of the parcel map of the subdivision, said fee to be in an amount set forth in the schedule of fees established by resolution of council.

(Ords. 20641, 21029, 21045, 21298.)