Chapter 15.11 — SUBDIVISION IMPROVEMENTS AND SECURITIES

The purpose of this chapter is to establish regulations and general requirements for preparing plans and providing securities when on-site or off-site subdivision improvements are proposed or required as a condition of subdivision map approval.

(Ord. 1787 § 1 (part), 2002).

Improvement plans shall be prepared for all on-site or off-site subdivision improvements that are proposed or required as a condition of subdivision map approval. Improvement plans shall be prepared by a registered civil engineer and submitted for city engineer review as part of the final map or parcel map review process. The form and contents of the improvement plans shall be as follows:

(a)

Improvement plans shall include, but not be limited to, grading, stormwater drainage, landscaping, retaining wall construction, streets and related facilities. Improvement plans may also include improvements for environmental mitigation, as required by subdivision map approval.

(b)

Plans, profiles and details shall be legibly drawn on a sheet size not to exceed twenty-four inches (24″) by thirty-six inches (36″) in size. Each sheet shall have a title block and adequate space for the signature or wet-stamp of the preparer (registered civil engineer) and for approval by the city engineer.

(c)

The scale of the plans, profiles and details shall be one inch equals forty feet (40') or larger, unless approved by the city engineer.

(d)

A vicinity map and north arrow.

(e)

Supplementary plans and calculations including, but not limited to hydrologic calculations, structural calculations, and construction specifications, as determined appropriate and necessary by the city engineer.

(Ord. 1787 § 1 (part), 2002).

Pursuant to Sections 15.02.150 and 15.03.130 of this title, upon receipt of the improvement plans, the city engineer shall have sixty (60) calendar days to review and approve the subdivision improvement plans and supportive documents. Once the improvement plans have been reviewed and corrections or revisions have been submitted to the city, the city engineer shall provide the appropriate written approval or certification on the improvement plan set.

(Ord. 1787 § 1 (part), 2002).

15.11.040 - Deposit of plan check and inspection costs.

(a)

Upon filing the improvement plans with the city engineer, the subdivider shall file a cash deposit with the city, to cover the cost for city plan checking services.

(b)

Prior to the construction or installation of the approved improvements, or prior to the approval of a final map or a parcel map for which there is a requirement to construct or install on-site or off-site improvements, whichever occurs first, the subdivider shall deposit with the city, in cash, the full amount of the cost of inspection to be made by the city in accordance with a scale of fees, which shall be set by resolution of the city council.

(Ord. 1787 § 1 (part), 2002).

15.11.050 - Subdivision improvement agreement between city and subdivider.

(a)

Requirement for Subdivision Improvement Agreement. The execution of a subdivision improvement agreement between the city and the subdivider shall be required in the event the subdivider chooses to defer installation or construction of on-site or off-site improvements to a specified time frame following the approval and recordation of the final map or parcel map. Should the approved on-site or off-site improvements be installed prior to the approval and recordation of a final map or parcel map, execution of such an agreement shall not be necessary.

(b)

Form and content of Subdivision Improvement Agreement. In the event a Subdivision Improvement Agreement is to be executed, the agreement shall be prepared by the city engineer, with the form and content acceptable to the city attorney. The agreement shall be prepared and signed by the city engineer and subdivider prior to city council approval of a final map for recordation or prior to the recordation of a parcel map. The subdivision improvement agreement shall include the following terms and conditions:

(1)

Construction and installation of all improvements in accordance with the approved improvement plans and specifications on file with the city.

(2)

Completion of improvements within a time frame as required by Section 15.11.130 of this chapter, and provisions for an extension of time therein specified.

(3)

The ability for the city to complete and recover the full cost for all approved improvements, in the event the subdivider fails to perform in accordance with the approved plans or fails to complete the improvements within the specified time frame.

(4)

Securities needed to cover the cost of construction and installing the improvements and appropriate fees, consistent with the provisions of Section 15.11.06 of this chapter.

(5)

Terms for progress payments to the subdivider, from any deposit money which the subdivider may have made in lieu of providing a surety bond, as provided by the provisions of this chapter; provided, however, that no such progress payment shall be made for more than ninety percent (90%) of the value of any installment of work and provided that each such installment of work shall be completed to the satisfaction of the city engineer.

(6)

Maintenance and repair or replacement of any defects or failures in the improvements as constructed or installed.

(7)

A term releasing and indemnifying the city from any and all liability incurred by the improvements and payment of all attorney fees that the city may incur because of any legal action taken against the subdivider.

(8)

The ability for the city engineer to require changes to the approved plans during the course of constructing either public or privately maintained improvements for the purpose of correcting deficiencies in the plans or to respond to unanticipated field conditions.

(Ord. 1787 § 1 (part), 2002).

Securities shall be required for all subdivision improvement agreements that are executed for the purpose of ensuring the construction or installation of on-site or off-site improvements. Such securities shall be guaranteed and posted prior to the approval and recordation of the final map or parcel map. Securities shall be in the form of cash, performance bond or letter of credit, as follows:

(a)

Faithful performance bond. The subdivider may file a bond to cover the cost of said improvements, and incidental expenses and to cover replacements damaged in the development of the subdivision. Such bond shall be executed by a surety company authorized to transact a surety business in the state of California and must be satisfactory to and be approved by the city attorney as to form and by the city engineer as to sufficiency.

(b)

Letter of Credit. The subdivider may file an instrument of credit or a certificate of deposit from one or more financial institutions subject to regulation by the state or federal government. This instrument or certificate shall be deposited in the name of the city of San Rafael and held for the purpose of carrying out the terms of the subdivision improvement agreement.

(c)

Cash. In lieu of a performance bond or letter of credit, the subdivider may deposit with the City cash money in an amount fixed as aforesaid by the city engineer.

(Ord. 1787 § 1 (part), 2002).

15.11.070 - Amount of security.

The minimum amount of security that is posted shall be as follows:

(a)

A minimum of one hundred percent (100%) of the cost of constructing and completing the approved improvements, as determined and approved by the city engineer; and

(b)

An additional amount of fifty percent (50%) of the cost of construction and completion of the approved improvements to cover the cost of labor and to guarantee payment to the subdivider's contractor or subcontractors.

(c)

An additional amount may be required to provide funds for any guarantees or warrantees of work performed under the terms of the agreement.

The security amount shall be based on the estimated improvement costs, as approved by the city engineer and shall include a ten percent (10%) contingency amount and an increase for projected inflation. Pursuant to Section 66499.4 of the Subdivision Map Act, bond enforcement costs may be included in the amount of the security, which may include attorney fees.

(Ord. 1787 § 1 (part), 2002).

In the event the subdivider fails to complete all improvement work in accordance with the provisions of this title and the city shall have completed same, or if the subdivider fails to reimburse the city for incidental expenses, and to cover cost of replacement and repair of existing streets or other improvements damaged in the development of the subdivision, the city shall call on the surety for reimbursement, or shall appropriate from any cash deposits funds for reimbursement. In any such case, if the amount of performance bond or cash deposit shall exceed all cost and expense incurred by the city, it shall release the remainder of such bond or cash deposit and if the amount of the performance bond or cash deposit shall be less than the cost and expense incurred by the city, the subdivider shall be liable to the city for such difference.

(Ord. 1787 § 1 (part), 2002).

All on-site and off-site improvements required by and/or approved by the city shall be constructed or installed in accordance with the following general standards:

(a)

All improvements hereinafter mentioned shall conform to those required in the "Standard Subdivision Improvement Specifications" prepared by the city engineer, and adopted by the city council, copies of which are on file in the office of the department of community development.

(b)

Improvement work shall not commence until plans and profiles for such work have been prepared by a registered civil engineer and have been submitted to and approved by the city engineer.

(c)

Improvement work shall not commence until the city engineer has been notified in advance and if work has been discontinued for any reason, it shall not be restarted until the city engineer has been notified.

(d)

All required improvements shall be constructed under the inspection of and to the approval of the city engineer.

(e)

It shall be the responsibility of the subdivider that all underground utilities, sanitary sewers and storm drains installed in streets, service roads, alleys or highways shall be constructed prior to the surfacing of the street, service road, alley, or highway. Service connections for all underground utilities and sanitary sewers shall be placed to such length as will obviate the necessity for disturbing the street or alley improvements when service connections thereto are made.

(f)

The subdivider shall complete all improvement work in accordance with the provisions of this title and to the approval of the city engineer.

(Ord. 1787 § 1 (part), 2002).

The subdivider shall install improvements in accordance with the general requirements set forth in this section provided that the city engineer may require changes in details if unusual conditions arise during construction to warrant such change in the interests of the city.

(a)

Inundation. If any portion of any land, within the boundaries shown on any final map or parcel map, is subject to overflow, inundation or flood hazard by stormwaters, the area shall be clearly shown on the map and shall be enclosed in a border on each sheet of the map. Adequate storm drain system and/or levees, dykes and pumping systems shall be provided, and if fill is used in tideland areas it shall be placed to a minimum elevation of plus nine feet (9') U.S.C. & G.S. Datum.

(b)

Streets and Highways. All streets and highways shall be graded and paved to cross sections and grades approved by the city engineer. The subdivider shall improve the extension of all subdivision streets, highways, or public ways to the intercepting paving line of any county road, city street, or state highway.

(c)

Improvement of Unimproved Streets. Whenever a proposed subdivision, or a proposed additional unit of an existing subdivision, or any part thereof, does, or will, front on a public street which has not been improved to the standards required by this title, the subdivider shall, at his own expense and to the standards required by this title, improve to its full width, or such part less than its full width as the planning commission determines, the portion of the street upon which the frontage does, or will exist, if the planning commission, from a consideration of the proposed subdivision, or the additional units, the present and future development of the general area, present and potential population factors affecting the subdivision or additional unit and the neighborhood generally, increased traffic, safety and other needs of the proposed subdivision or additional unit, and the welfare of the inhabitants thereof and in the general neighborhood, finds that the improvement of the portion of the street, in accordance herewith, as a condition precedent to the approval of any map required by this title of the subdivision, or additional unit, is reasonably required for the protection of the public health, safety and general welfare.

(d)

Structures. Structures shall be installed, as deemed necessary by the city engineer, for drainage, access and/or public safety. The structures to be placed to grades and to be of a design approved by the city engineer.

(e)

Sewers. Sanitary sewer facilities connecting with the existing city sewer system shall be installed to serve each lot and to grades, locations, design and sizes approved by the city engineer. No septic tanks or cesspools will be permitted.

(f)

Drainage. Drainage facilities shall be installed as required by the city engineer.

(g)

Water. Water mains and fire hydrants including design, layout and locations shall be approved by the city engineer and fire chief, connecting to the water system serving the city of San Rafael.

(h)

Railroad Crossings. Provision shall be made for any and all railroad crossings necessary to provide access to or circulation within the proposed subdivision, including the preparation of all documents necessary for application to the California state public utilities commission for the establishment and improvement of such crossings. The cost of the railroad crossing improvements shall be borne by the subdivider.

(i)

Street Signs. Street signs shall be installed at all intersections when and as required and approved by the city engineer.

(j)

Underground Municipal Duct. An underground duct for emergency municipal use may be required to be installed separately or in conjunction with the installation of underground utilities.

(k)

Street Lighting and Street Trees. Street lighting and street trees shall be installed as required under Sections 15.06.090 and 15.06.100 of this title.

(Ord. 1844 § 1 (part), 2006; Ord. 1787 § 1 (part), 2002).

Prior to authorization by the city engineer to commence with subdivision improvements, the subdivider shall submit to the city a copy of a "will-serve" letter or a written agreement for service from the pertinent utility and service districts.

(Ord. 1787 § 1 (part), 2002).

(a)

Permanent iron pipe monuments of a type approved by the city engineer shall be set at intersections of all street center line tangents and at the beginning and end of center line curves and/or offsets of the center

lines. The exact location of all the monuments shall be shown on the final map or parcel map.

(b)

One permanent elevation bench mark of a type approved by the city engineer shall be set at a convenient location in the public street area of each subdivision.

(c)

Any monument or bench mark, as required by this title, that is disturbed or destroyed before acceptance of all improvements shall be replaced by the subdivider.

(d)

Monuments and benchmarks shall be set before final approval of the subdivision improvements will be granted.

(Ord. 1787 § 1 (part), 2002).

All on-site and/or off-site improvements shall be completed by the subdivider and inspected and approved by the city engineer within twenty-four (24) months of the execution date of the subdivision improvement agreement. The subdivider can request an extension of time to complete the improvements, provided that this extension does not exceed an additional twelve (12) months and the request for extension is filed one month prior to the expiration date of the subdivision improvement agreement.

(Ord. 1787 § 1 (part), 2002).

Upon completion of the improvements and city engineer inspection and approval of the improvements, the subdivider shall submit one plan set of "as-built," mylar improvement plans, which shall be maintained on file with the department of public works along with the recorded final map or parcel map.

(Ord. 1787 § 1 (part), 2002).

All security that has been posted to guarantee completion of approved improvements shall be released upon completion of the improvements and final inspection and approval by the city engineer. The release of securities shall be implemented pursuant to the provisions of Section 66499.7 of the Subdivision Map Act. This release may not apply to any and all securities that are posted for guarantees or warranties, provided for in the subdivision improvement agreement.

(Ord. 1787 § 1 (part), 2002).

Chapter 15.12 - CONDOMINIUMS