Article 14-30

IMPROVEMENT REQUIREMENTS Sections:

Except as otherwise set forth in this Chapter, the standard specifications of the State Department of Transportation dated 2022, and any subsequent amendments thereto, the "Saratoga Street and Storm Drain Improvement Standards - 1974," as updated and available on the City's website, and the "ANSI RP-8-05," all of which standards are incorporated herein by reference, are hereby adopted as minimum design and improvement standards for all streets, sidewalks, driveways, storm drain facilities, street lighting and other subdivision improvements in the City. Copies of each of said design and improvement standards shall be kept on file for use and examination by the public in the office of the City Engineer. In the event of any conflict between the standards and specifications incorporated herein by reference and any of the standards or specifications contained elsewhere in this Chapter, the latter shall control.

(Ord. No. 398, § 1(Att.), 12-20-2023)

The subdivider shall cause plans and profiles for all improvements to be prepared by a registered civil engineer in accord with design and improvement standards of this Chapter, which plans and profiles shall be submitted to and approved in writing by the City Engineer prior to the commencement of improvement work and prior to filing of the final map. All improvements shall be constructed and completed under the inspection of

the City Engineer and subject to the Engineer's approval. Without limiting the foregoing, said plans shall include typical cross sections and proposed finished grades of all streets together with a profile showing the relation between finished grade and existing ground elevations, and the lengths, sizes, grades, and type of all pipes, culverts, and other structures. (Ord. No. 398, § 1(Att.), 12-20-2023)

(a) General requirements. Subterranean storm drains shall be designed and installed by the subdivider to adequately and safely drain all storm waters of the subdivision or site, and all surface waters reaching or reasonably calculated to reach the subdivision or site from areas outside of its boundaries. All drainage plans shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program (NPDES) as defined in Article 15-06 of the Zoning Code and the Regional Water Quality Control Board (RWQCB) Permit requirements and conditions. In order to ensure compliance with the program, grading plans shall incorporate appropriate source control and site design to meet the NPDES and RWQCB Permit. Existing storm drains already discharging into a watercourse shall be of a capacity sufficient, in the opinion of the City Engineer, to adequately and safely carry all of such additional drainage generated by the development. The storm drain system shall consist of mains of not less than twelve inches in diameter, together with such manholes, catch basins, laterals, and other structures, and at such grades, as required by the City Engineer to conform to good drainage requirements for the area and topography of the subdivision or site to prevent standing or flooding waters within and outside of its boundaries. In addition, the subdivider shall comply with all conditions of the water district as may be imposed by any permit required to be obtained from such district in order to discharge said waters into a watercourse.

(b) Drainage into adjacent drains. Whenever a subdivider proposes to drain storm and surface waters to a watercourse by means of connection with and use of existing drains outside of the subdivision or site rather than by or in addition to the construction of drains at the subdivider's or owner's own cost and expense outside of said subdivision or site, and if such adjacent drains and facilities have been dedicated to the public,

(Saratoga Supp. No. 53, 4-24)

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then as a condition of approval of such alternate method, the subdivider shall be required to pay a reasonable charge to the City for the connection and use of such outside public drainage system. Such cost shall in no event exceed the estimated cost to the subdivider of constructing independent exterior drainage facilities to adequately carry such waters from the subdivision or site to the nearest accessible natural watercourse. Subdivider shall also, at its own cost and expense, provide upgrades to any such existing drains to ensure their ability to carry the additional storm and surface water contributed by the subdivision, subject to the oversize facilities provisions of subsection (c) below.

drainage facilities to adequately carry such waters from the subdivision or site to the nearest accessible natural watercourse. Subdivider shall also, at its own cost and expense, provide upgrades to any such existing drains to ensure their ability to carry the additional storm and surface water contributed by the subdivision, subject to the oversize facilities provisions of subsection (c) below.

(c) Reimbursement for oversize drainage facilities. Whenever the Planning Commission determines that it is necessary that new or upgraded oversize drains, laterals, or other facilities for storm drainage be installed by the subdivider which can or will be used for the benefit, immediate or future, of property not in the subdivision, the subdivider shall be required to install such facilities in excess of the requirements for his property alone, and the City shall enter into a contract with the subdivider to collect the excess cost of the oversize or additional facilities from all persons in the future using the same for the benefit of property not in the subdivision or site, and to pay such collections of excess cost to the subdivider as received. Said agreement shall provide for a time limit beyond which no such collection shall be made for said oversize drainage facilities, but in no event to be less than ten years.

(d) Sanitary sewers. The subdivider shall connect the subdivision and each of the lots thereof to the facilities of such sanitation or sanitary district as has jurisdiction, by the installation of such additional mains and laterals as is necessary in the opinion of the City Manager to adequately sewer the same by sanitary sewers. In the event the subdivision or any part thereof is not within the boundaries of a sanitation or sanitary district, the Planning Commission may require annexation to or otherwise inclusion in such a district as a condition of tentative map approval. Sanitary sewers shall be installed to grades, standards, location, design, lengths, and sizes, as approved by the sanitation engineer for the district having jurisdiction, and in accord with all laws and regulations of said district. Other than as might be permitted under Article 14-35 of this Chap-

ter, disposal of sanitary sewage may not be by septic tank methods, or any other method other than by connection to a sanitary sewer system. (Ord. No. 398, § 1(Att.), 12-20-2023)

(a) General requirements. The subdivider shall construct a complete water system including mains, valves, fittings, blowoffs, fire hydrants and other appurtenances and structures adequate to provide water supply for domestic or commercial use and for fire protection in conformity with the standards established by the Board of Fire Underwriters of the Pacific. Water mains shall conform to the design criteria of the San Jose Water Company and the California Public Utilities Commission, and the grades, location and sizes shall be approved by the City Engineer. The number and location of fire hydrants shall be as determined by the Fire Chief of the district serving the area in which the subdivision is located.

• (b) Reserved.

(c) Water facilities for hazardous fire areas. In all areas designated by CAL FIRE and the City as high or very high fire hazard severity zones as shown in the Fire Hazard Zones Map in the Safety Element of the General Plan, fire hydrants shall be located so that no part of a residential structure shall be further than five hundred feet from at least one hydrant, and the fire protection system shall be so designed and charged with water so that each hydrant for residential fire protection shall deliver no less than one thousand gallons per minute of water. Water storage or other availability shall be such that for any one hydrant of the system, the one thousand gallons per minute minimum shall be for a sustained period of two hours. All hydrants shall be installed according to the 2022 California Fire Code CFC Section 507 and Appendix C.

(d) Availability of water for subdivisions of five hundred or more units. Pursuant to Map Act section 66473.7, it shall be a condition in any tentative map that includes a subdivision of more than five hundred dwelling units that a sufficient water supply shall be available.

(Ord. No. 398, § 1(Att.), 12-20-2023)

All public streets within the subdivision require a peer-reviewed illumination study submitted by the ap-

(Saratoga Supp. No. 53, 4-24)

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plicant. The street lights shall be installed per the results of the peer review and subject to the standards in ANSI RP-8-05.

(Ord. No. 398, § 1(Att.), 12-20-2023)

The subdivider shall plant trees on each lot or site pursuant to an Arborist Report prepared and approved pursuant to section 15-50.130, regardless of whether the subdivision requires the removal of trees, and shall maintain them for a minimum of one year after planting. The City Arborist shall maintain a list of appropriate species. All trees planted pursuant to this subsection shall be taken from that list. Any such trees, which may be planted in a street right-of-way, shall constitute encroachments subject to removal in accordance with Article 10-20 of this Code.

Pursuant to Map Act Section 66473.3, the design of a subdivision for which a tentative map or parcel map is required pursuant to Map Act Section 66426 must provide for appropriate cable television systems and communication systems including, but not limited to, telephone and internet services, to each lot or parcel in the subdivision. "Appropriate cable television systems," as used in this section, means those franchised or licensed to serve the geographical area in which the subdivision is located. This section shall not apply to the conversion of existing dwelling units to condominiums, community apartments, or stock cooperatives. (Ord. No. 398, § 1(Att.), 12-20-2023)

(a) Whenever the City Engineer determines that any street or frontage road, or any part thereof, bordering any part of a subdivision, as set forth in subsection 14-25.030(i), need not be improved to full City standards at the time the subdivider constructs the other improvements, in lieu of installing said permanent improvements the subdivider may be required to install temporary improvements and deposit with the City the cash difference between the estimated cost of the tem-

porary improvements and the estimated cost of the permanent improvement, such cash deposit to be made prior to final acceptance of improvements.

(b) Whenever all or any portion of the subdivision or site is adjacent to an existing street improved or to be improved by another developer subject to a reimbursement agreement as provided in subsection 1425.030(i), the subdivider shall be required to pay to the City to the account of the other developer actually improving said street, a pro rata share of the cost of such street in lieu of constructing the same. Such pro rata share shall in no event exceed one-half of the total cost of said adjacent street.

(Ord. No. 398, § 1(Att.), 12-20-2023)

(a) All public utility systems and service facilities therefor, including without limitation all electrical distribution or transmission facilities, and also all other communication systems including, but not limited to, telephone and internet services, if any, installed in and for the purpose of providing service within the subdivision, shall be located and installed underground and insofar as practical shall be located in the rights-of-way of public streets, with a junction box for each lot of a subdivision designed to carry the service drops underground to each serviced building or structure. The subdivider shall make any necessary cost and other arrangements with each of the public utility and communication system companies involved for the installation of underground facilities and for the relocation of existing overhead facilities on or adjacent to the subdivision or site, including notification of the commencement of construction and reasonable notice of the particular date on which open trenching will be available for the installation of the underground facilities. All undergrounding work shall be performed in accordance with the respective operating company's rules, regulations, and specifications. The subdivider shall reimburse the telephone corporation or cable television system for all costs for the replacement, undergrounding, or relocation. All these costs shall be billed after they are incurred, and shall include a credit for any required advance payments and for the salvage value of any facilities replaced. In no event shall the telephone corporation or cable television system be reimbursed for costs incurred in excess of the cost to replace the facilities with substantially similar facilities.

(Saratoga Supp. No. 53, 4-24)

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(b) Undergrounding shall not be required with respect to the following:

(1) Pad-mounted transformers, terminal boxes, meter cabinets and concealed ducts may be situated aboveground if they are used solely for the purpose of providing service within the subdivision or site and are used solely in connection with the underground transmission or distribution lines.

(2) 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 or site and do not in any way serve any part of the subdivision or site.

(3) Poles supporting street lights, and the electrical lines within said poles, may be situated above the surface of the ground.

(Ord. No. 398, § 1(Att.), 12-20-2023)

In addition to the more specific provisions set forth in this Chapter, the subdivider may be required to install new or upgraded improvements for the benefit of the subdivision with supplemental size, capacity or number so as to in addition benefit property not within the subdivision or site and to dedicate or offer to dedicate such additional improvements for public use. In the event of the imposition of such a condition, the City shall enter into an agreement with the subdivider to reimburse the subdivider C for that portion of the cost of such improvements equal to the difference between the amount it would have cost to install such improvements to serve the subdivision or site only and the actual cost of such improvements, as determined by the City Engineer. Said reimbursement agreement may provide for any one or more of the methods set forth in Government Code Section 66487(a), (b) and (c) to provide funding for the reimbursement for said excess cost.

(Ord. No. 398, § 1(Att.), 12-20-2023)

Where, as a condition of tentative map approval, any improvements are required to be constructed upon a designated remainder parcel, no final map approval shall be granted unless and until the subdivider has executed a written agreement with the City providing

for the construction and completion of all improvements upon the remainder parcel concurrently with the subdivision or site improvements, unless otherwise expressly stipulated in said agreement. (Ord. No. 398, § 1(Att.), 12-20-2023)

In addition to all the provisions of this Article, the Planning Commission:

(a) May require special improvements or structures to be constructed other than as specifically enumerated herein in order to carry out the purposes of this Chapter or the policies of the General Plan or any applicable specific plan, and as may reasonably be required to protect public health and safety by the circumstances of each case.

(b) Shall require the construction of improvements identified as mitigation measures within the City's responsibility in an environmental impact report that the City certifies or mitigated negative declaration that the City adopts pursuant to the California Environ mental Quality Act, Public Resources Code sections 21000 et seq.

(c) Shall require the construction of improvements required to meet the standards set out in the Saratoga Safe Routes To School Plan.

(d) Shall require that all improvements and conditions be constructed and construction acceptance granted prior to the filing of the final map for certification. Except that, the Planning Commission may require upon recommendation of the City Engineer that the City and subdivider enter an agreement pursuant to Government Code section 66462 providing that certain improvements and/or conditions be constructed and construction acceptance granted within a specified time period after the filing of the final map for certification; however, in no case later than issuance of a temporary certificate of occupancy for individual lots, and providing for the posting of security for such obligation.

(e) In the case of subdivisions of four or fewer lots, the fulfillment of construction requirements, including off-site and on-site improvements, shall not be required until the time a permit or other grant of approval for development of the parcel as specified by the City Engineer is issued by the City unless otherwise agreed to in writing between the subdivider and the City. In the absence of an agreement, the City may

(Saratoga Supp. No. 53, 4-24)

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require fulfillment of the construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of a permit or other grant of approval for the development of a parcel upon a finding by the City that fulfillment of the construction requirements is necessary for either of the following reasons: (1) the public health and safety or, (2) the required construction is a necessary prerequisite to the orderly development of the surrounding area. (Ord. No. 398, § 1(Att.), 12-20-2023)

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(Saratoga Supp. No. 53, 4-24)