San Ramon Municipal Code Ch. XI Improvements

Contents: C5-161. - Generally. C5-162. - Improvements required. C5-163. - Deferred improvement agreements. C5-164. - Design. C5-165. - Access. C5-166. - Improvement plans. C5-167. - Subdivision improvement agreements. C5-168. - Improvement security. C5-169. - Construction and inspection. C5-170. - Acceptance of improvements. C5-171 through C5-180. Reserved. -

A. The subdivider shall construct all required improvements, both on-site and off-site, in accordance with standard engineering plans and specifications, engineering design and improvement standards and other approved standards as provided by this chapter. B. No final or parcel map shall be presented to the council for approval until the subdivider either completes the required improvements or enters into a subdivision improvement agreement pursuant to Government Code Section 66462(a) for final map improvements or a deferred improvement agreement pursuant to Section C5-163 of this division for parcel map improvements. (Ord. No. 406, § 2, 10-28-2008)

A. General. All improvements as may be required as conditions of approval of the tentative map or by city ordinance or resolution, together with, but not limited to, the required improvements set forth below shall be required of all subdivisions. Requirements for construction of on-site and off-site improvements for subdivisions of four or fewer parcels shall be noted on the parcel map, waiver of parcel map, or the deferred improvement agreement recorded prior to or concurrent with the parcel map. 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. A cross mark that identifies the extension of the property line shall be placed on top of the street curb for each lot. C. Storm Drainage. Stormwater runoff from the subdivision shall be collected and conveyed by an approved storm drain system. The storm drain system shall be designed for ultimate

City of San Ramon, CA | Municipal Code 490

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. Appropriate hydrology and hydraulic studies shall be submitted to the city engineer identifying size, location and impacts of such facilities. D. Sanitary Sewers. Each unit or lot within the subdivision shall be served by a sanitary sewer system as approved by local sanitation district. E. Water Supply. Each unit or lot within the subdivision shall be served by a domestic water system as approved by local water district. F. Utilities. Each unit or lot within the subdivision shall be served by gas (if required), electric, telephone and cablevision facilities. G. Underground Utilities. 1. All existing and proposed utility distribution facilities within the subdivision and along frontage and perimeter streets shall be placed underground except those facilities exempted by the public utilities commission regulations. a. Utility distribution facilities, including but not limited to electric, communication, street lighting and advanced technology systems installed in and for the purpose of supplying service to any development, shall be required to be placed underground. "Advanced technology systems" shall be defined as all necessary appurtenances, equipment and facilities required for the provision of Internet, computer, fiber optic, cable television, telephone, and other communication services within the public right-of-way and upon private property. The design, installation, inspection and testing requirements for city acceptance of such systems shall meet the minimum requirements as outlined in the City of San Ramon standard plans and specifications as approved by the city engineer. b. All existing facilities except transmission facilities either along abutting streets or within a development shall also be underground at the time of development. "Along abutting streets" means on the same side of the abutting street as the property being developed, not the other side of the street. c. The developer is responsible for complying with all requirements of this subsection, and shall make the necessary arrangements with the utility companies for the installation of such facilities. d. All costs of placing existing or new facilities, required to be undergrounded by the developer, shall be paid for by the developer subject to the current California Public Utility Commission rules and regulations. 2. The developer may request that the undergrounding requirement along frontage streets or perimeter streets be waived or modified by the advisory agency. The advisory agency may, at its discretion: a. Require participation in a future underground district. b. Accept a fee in lieu of the undergrounding. The amount of the fee shall be determined by the city engineer and shall be based on the estimated cost of that portion of a future undergrounding project attributable to the subdivision. 3. Undergrounding requirements may be waived or modified by the advisory agency only upon finding that the subdivision is within an area where existing utilities have not been placed underground and that deferral will be allowed since undergrounding is impractical due to physical constraints (such as unusual topographical or soil constraints), the surrounding neighborhood is absent of similar improvements, or undergrounding is economically infeasible.

City of San Ramon, CA | Municipal Code 491

4. If the undergrounding requirement is waived as allowed by findings, the in lieu fee as established by the city engineer shall be made a condition of approval of the tentative map. In lieu fees shall be deposited in a special account to be used as approved by the city council for future undergrounding of utilities throughout the city.
   5. If the requirement to underground utilities is waived and an in lieu fee is not paid, the

   advisory agency may require the recordation of an improvement agreement, requiring the property owner and any subsequent owner of the subject property to join an underground utility assessment district, reimbursement district or similar improvement district, when such a district is formed, and to guarantee participation in such district by posting an improvement bond and recording a lien on subject property.

H. Stormwater Control Improvements. Project design and improvement infrastructure is in compliance with the Regional Water Quality Control Board Clean Water General Permit requirements for both construction activities as well as permanent stormwater best management practice measures to control and reduce erosion and sedimentation from entering the storm drain system from the project site (point source). I. Other Improvements. Other types of improvements such as traffic signals and street furniture of a decorative nature, or fees in lieu of any of the foregoing, shall also be required as determined by the advisory agency in accordance with this code, city standards and specifications and relevant studies and/or environmental assessments or reviews. J. Off-Site Improvements. 1. If the subdivider is required to construct off-site improvements on land in which neither the subdivider nor the city has sufficient title or interest to allow construction, the city shall, within one hundred eighty calendar days of filing the final map, acquire by negotiation or commence condemnation of the land. If the city fails to meet the one hundred twenty-day time limit, the condition for the construction shall be conclusively deemed to be waived. 2. Prior to approval of the final or parcel map, the city may require the subdivider to enter into a subdivision improvement agreement to complete the off-site improvements at the time the city acquires title or an 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. 3. Any other specific requirements related to off-site improvements shall be in compliance with Government Code Section 66462.5. K. Reimbursement. The city may impose a requirement that the improvements installed by the subdivider for the benefit of the subdivision shall contain supplemental sizes, capacity, or number or length for the benefit of property not within the subdivision, and that such improvements be dedicated to the city. When the city imposes such a requirement, the city shall enter into a reimbursement agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to differences 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 plus an amount attributable to interest. The city, at the time of acceptance of the improvements, may make provision for collection of the city's share of the cost of such improvements in accordance with the provisions of Government Code Sections 66487, 66488, and 66489. L. The city council shall determine the method for payment of the costs required by a reimbursement agreement which may include but is not limited to the establishment and maintenance of local benefit districts for the levy and collection of such charge or costs from the property benefited. M. No charge, area of benefit or local benefit district shall be established unless and until a public hearing is held thereon by the city council and the city council finds that the charge, area of

City of San Ramon, CA | Municipal Code 492

benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof. N. In addition to the notice required by section C5-6 of this division, written notice of the hearing shall be mailed to those who own property within the proposed area of benefit as shown on the last equalized assessment roll, and the potential users of the supplemental improvements insofar as they can be ascertained at the time ten calendar days prior to the date of the hearing). (Ord. No. 406, § 2, 10-28-2008)

Subdivisions of Four or Fewer Parcels. A deferred improvement agreement shall be entered into between subdivider and the city requiring construction of improvements required by the tentative map conditions of approval and not completed prior to approval of the parcel map. Any of the forms of security specified in Government Code Section 66499 may be required at the discretion of the city engineer. The terms of the deferred agreement must comply with Government Code Section 66411.1 but otherwise shall be determined by the city engineer. All deferred improvement agreements shall contain the following provisions in addition to those required by the city engineer: A. Construction of improvements shall commence within a time-frame specified in the agreement. B. That in the event of a default by the subdivider and/or owner, the city is authorized to cause construction to be done and charge the entire cost and expense to the subdivider and/or owner, including interest from the date of notice of said cost and expense until paid. C. That the agreement shall be recorded with the county recorder at the expense of the subdivider and/or owner and shall constitute notice to all successors and assigns of title to the real property of the obligations set forth therein, and shall also constitute a lien in such amount necessary to fully reimburse the city, including interest as provided above, subject to foreclosure in the event of a default in payment. D. That in event of litigation occasioned by any default of the subdivider and/or owner, the subdivider and/or owner agree to pay all costs involved, including reasonable attorneys' fees, and that the same shall become a part of the lien against the real property. E. That the terms "subdivider" and "owner" shall include, respectively, not only the subdivider and the present owner of the real property but also heirs, successors, executors, administrator and assigns thereof, it being the intent of the parties that the obligations undertaken shall run with the real property and constitute a lien against it. The agreement shall not relieve the subdivider or owner from any other specific requirements of the Subdivision Map Act, this code or law. The construction of deferred improvements shall conform to the provisions of this chapter and all applicable provisions of this code in effect at the time of construction. This section shall also apply to remainder parcels. (Ord. No. 406, § 2, 10-28-2008)

The design and layout of all required improvements, both on-site and off-site, private and public, shall conform to the City of San Ramon Engineering Design Standards and Procedures Manual on file with the city engineer. (Ord. No. 406, § 2, 10-28-2008)

City of San Ramon, CA | Municipal Code 493

A. All lots or parcels created shall have access to a public street improved to city standards. If the advisory agency determines that the most logical development of the land requires that lots be created with access to private streets, such a development may be approved. The subdivider shall submit a development plan showing the alignment, width, grade and material specifications of any proposed private street, the topography and means of access to each lot, and the drainage and sewerage of the lots served by such private street. Construction and private street maintenance agreement by parties using street shall be completed prior to the completion of the construction and/or occupancy of the lots, unless approved otherwise by the city engineer. The subdivider shall be required to provide a feasible method for the maintenance of such private streets. B. Reserve strips, or nonaccess at the end of streets or at the boundaries of subdivisions, shall be dedicated to the city when so required. (Ord. No. 406, § 2, 10-28-2008)

A. General. Improvement plans shall be prepared under the direction of, and signed by, a registered civil engineer licensed by the State of California, and shall conform to the City of San Ramon Engineering Design and Improvement Standards on file with the city engineer. Improvement plans shall include, but not be limited to, grading, storm drains, landscaping, streets, curb, gutter, sidewalk, street lighting, traffic signals, utility plans, striping, signage and related facilities. Separate improvement plans shall be as required by all utility companies. B. Supplementary Plans and Calculations. Hydrology, hydraulic plans and calculations, soils reports (by a licensed geotechnical engineer), erosion and sediment control plans, traffic control plans, bond or other security estimates and any structural calculations as may be required, shall be submitted with the improvement plans to the city engineer. All calculations shall be legible, systematic and signed and dated by a registered civil engineer licensed by the State of California and in a form approved by the city engineer. (Ord. No. 406, § 2, 10-28-2008)

For subdivisions of five or more parcels, if an agreement to install improvements is entered into, the form and content thereof shall be specified by and satisfactory to the city. The subdivision improvement agreement shall be prepared and signed by the city engineer, approved as to form by the city attorney, and shall be executed by the subdivider and by the mayor on behalf of the city upon final map approval by city council. The agreement shall provide for: A. Construction of all improvements, including any required off-site improvements, according to the approved plans and specifications on file with the city engineer. B. Timeline for completion of improvements. C. Right of the city to modify plans and specifications. D. Warranty by the subdivider that construction will not adversely affect any portion of adjacent properties. E. Payment of inspection fees in accordance with the city's resolution. F. Payment of in lieu fees for undergrounding of utilities on frontage streets. G. Improvement security (i.e., performance and labor and materials bonds) as required by this chapter. H. Maintenance and repair of any defects or failures and their causes.

City of San Ramon, CA | Municipal Code 494

I. Release and indemnification of the city from all liability incurred in connection with the development and payment of all reasonable attorneys' fees that the city may incur because of any legal action or other proceeding arising from the development. J. Any other deposits, fees or conditions as required by City ordinance or resolution and as may be required by the city engineer. K. Right of the city to withhold occupancy and/or building permits until completion of improvements. L. Any other provisions required by the city as reasonably necessary to effectuate the purposes and provisions of the Subdivision Map Act and this code. M. The agreement may be terminated in whole or in part upon a reversion to acreage of the subdivision or parts thereof. (Ord. No. 406, § 2, 10-28-2008)

General. Except as provided in Section C5-163 of this division, if an agreement to install public improvements, and/or private improvements is entered into as provided above, it shall be secured by security in the amount of one hundred percent of the estimated total cost of the improvements to guarantee faithful performance of the agreement and to guarantee and warrant 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 used or furnished, and by security in the additional amount of fifty percent of the estimated total cost of the improvements to guarantee payment of persons supplying labor, materials, or equipment for the installation of such public improvements. Improvement cost is the total cost of construction and installation of public and/or private improvements, including the related grading, drainage, erosion control, and geotechnical work. In addition to the face amount, the obligation secured by the bond shall cover costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred in successfully enforcing the obligation. The form and content of security instruments shall be as specified by and satisfactory to the city and shall otherwise conform to the requirements of Chapter 5 of the Government Code. Approved security shall have been submitted prior to the city approval of the final map. Security shall be one or a combination of the following at the option of and subject to the approval of the city, to wit: A. A bond or bonds by one or more duly authorized corporate sureties. B. 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 monies. C. An irrevocable instrument of credit from one or more financial institutions subject to regulation by the city and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment. D. A lien upon the property to be divided, created by contract between the owner and the city, if the city finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map, in which case the contract or security interest shall be recorded with the county recorder. E. Other forms of security, including security interests in other real property, as may be approved by the city council. F. Release of Improvement Security.

City of San Ramon, CA | Municipal Code 495

Performance Security. The performance security shall be released only upon acceptance of the improvements by the city and when an approved warranty security has been filed with the city engineer. If a warranty security is not submitted, performance security shall be released twelve months after acceptance of improvements and correction of all warranty deficiencies. Material and Labor Security. Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment may, six months after the completion and acceptance of the improvements by the city, be reduced to an amount equal to the amount of all claims therefore filed and of which notice has been given to the city council. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. Warranty Security. The warranty security shall be released upon satisfactory completion of the warranty period, provided: a. All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected, b. Not less than twelve months have elapsed since the acceptance of the improvements by the city, c. All lot/parcel development is complete. Partial Release of Performance Security. The subdivider may be entitled to a partial release of the performance security at such time as the cost estimate of the remaining work, as determined by the city engineer, does not exceed twenty percent of the total original performance security. The process to be followed in obtaining a partial release is set forth in Government Code Section 66499.7. (Ord. No. 406, § 2, 10-28-2008)

A. The construction methods and materials for all improvements shall conform to the standard engineering specifications and all other standard plans and specifications of the city. B. Construction shall not commence until all required improvement plans specific to that work have been approved by the city engineer, appropriate security has been provided, and the site development and/or encroachment permit has been issued. All improvements are subject to inspection by the city engineer or authorized personnel in accordance with the city's approved specifications. (Ord. No. 406, § 2, 10-28-2008)

A. The city engineer, at his or her option, may recommend to the city council to accept and/or approve those portions of the improvement work which have been satisfactorily completed and reduce the obligation of security accordingly. Acceptance of portions of improvements shall not affect nor prejudice the rights of the city to assert or enforce any other obligation under said agreement and security. B. Upon satisfactory completion and performance of all the improvements and other obligations under a subdivision agreement, the city shall accept and/or approve the work and performance of the other obligations and discharge the security for faithful performance of the agreement, except that the city may retain up to ten percent of the security to guarantee and warrant the public improvements for a period of one year following the acceptance thereof against any defective work or labor done or defective materials used or furnished. Following acceptance of improvements for a final or a parcel map subdivision, the city clerk shall file with the county clerk a document evidencing acceptance of the improvements. (Ord. No. 406, § 2, 10-28-2008)

C5-171 through C5-180. Reserved. -

City of San Ramon, CA | Municipal Code 496