Chapter 9.16
IMPROVEMENTS
Sections:
9.16.010 Duty of subdivider to improve streets.
9.16.020 Required improvements.
9.16.030 Standards for improvements.
9.16.050 Inspection by City Engineer.
9.16.070 Completion of improvements.
9.16.080 Supplemental improvement capacity.
9.16.090 Bridges and major thoroughfares.
9.16.010 Duty of subdivider to improve streets.
The subdivider may be required to improve all streets, highways, public ways and easements which are a part of the subdivision, as well as improvements that may not be part of the subdivision but are affected by the subdivision. (Ord. 4-16 § 1 (Exh. A) (part): Ord. 1-91 § 1 (8-4.0))
9.16.020 Required improvements.
The required improvements shall include:
A. Streets and Roads. Grading, curbs and gutters, and surfacing of streets, highways and public ways, and the drainage thereof.
B. Grading Lots. The grading of the lots and the drainage thereof as may be required by the design of the approved tentative map.
C. Stormwater Control and Treatment. Stormwater control measures in compliance with the municipal code, the latest Regional Water Quality Control Board clean water construction general permit, and the latest municipal regional stormwater NPDES permit. The control and treatment measures shall reduce erosion and sedimentation from entering the storm drain system from the subdivision site (point source).
D. Water Supply and Sanitary Sewer. Subdivisions shall be served with water and sanitary sewer connections in the manner approved by the Dublin San Ramon Services District unless an alternative design is proposed and approved by the City Engineer.
E. Utilities. Subdivisions shall be served by public utilities (gas, electricity, Internet/cable/phone) unless an alternative design is proposed and approved by the City Engineer.
F. Public Safety. Construction of such structures as may be necessary for public safety, including but not limited to local neighborhood drainage, traffic safety signs and devices, and street lighting.
G. Fire Hydrants. Fire hydrants shall be furnished and installed as approved by the local water district, Fire Marshal, and City Engineer.
H. Trails and Bikeways. Trails and bikeways as designated on the general plan or applicable specific plan, or the city’s adopted bicycle and pedestrian master plan. (Ord. 4-16 § 1 (Exh. A) (part): Ord. 1-91 § 1 (8-4.1))
9.16.030 Standards for improvements.
Except as provided in Section 9.16.020, all improvements shall be constructed in accordance with standard engineering practice and in accordance with standard plans and specifications approved by the city. (Ord. 4-16 § 1 (Exh. A) (part): Ord. 1-91 § 1 (8-4.3). Formerly 9.16.040)
9.16.040 Improvement plans.
Before beginning any construction or installation of improvements, a complete set of plans, profiles, cross sections, and other drawings for all improvements, together with a complete set of detailed specifications for the work, shall be submitted to the City Engineer for review and approval. All work shall be according to city standards and specifications. The City Engineer shall be furnished, without cost, one (1) or more complete sets of the signed plans as required. No work shall commence without approved, signed plans. (Ord. 4-16 § 1 (Exh. A) (part))
9.16.050 Inspection by City Engineer.
The City Engineer shall have the right to enter upon the site of the work for the purpose of inspecting the same and shall be furnished with samples of materials as he or she may require for the making of tests to determine the acceptability of the materials. (Ord. 4-16 § 1 (Exh. A) (part): Ord. 1-91 § 1 (8-4.4).)
9.16.060 Cost of inspection.
The subdivider shall pay to the city the actual cost for the inspection of the work and checking materials in accordance with the city’s fee schedule. (Ord. 4-16 § 1 (Exh. A) (part): Ord. 1-91 § 1 (8-4.5))
9.16.070 Completion of improvements.
Upon completion of improvements, the subdivider shall provide as-built drawings in the form required by the City Engineer prepared by a civil engineer registered by the state of California and electronic files compatible with the city’s GIS system showing the subdivision as it has been completed. The subdivider shall also provide recorded conditions, covenants and restrictions documents, and other documents pertinent to the development as reasonably determined by the City Engineer. (Ord. 4-16 § 1 (Exh. A) (part): Ord. 1-91 § 1 (8-4.9). Formerly 9.16.100)
9.16.080 Supplemental improvement capacity.
A. Requirement to Supplement. As a condition of approval of a tentative map, there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public, subject to the reimbursement agreement provisions of Sections 66486 and 66487 of the Subdivision Map Act.
B. Reimbursement Agreement. If such a requirement is imposed, the city shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of those improvements, including an amount attributable to interest, in excess of the construction required for the subdivision. The City Engineer shall determine the method for payment of the costs, which may include:
1. The collection from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision, a reasonable charge for such use.
2. The contribution to the subdivider of that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and the levy of a charge upon the real property benefited to reimburse the city for such costs, together with interest thereon, if any, paid to the subdivider.
3. The establishment and maintenance of local benefit districts for the levy and collection of such charge or costs from the property benefited. (Ord. 4-16 § 1 (Exh. A) (part), 2016: Ord. 4-96 § 6; Ord. 1-91 § 1 (8-4.10). Formerly 9.16.110)
9.16.090 Bridges and major thoroughfares.
A. Purpose. The purpose of this section is to make provisions for assessing and collecting fees as a condition of approval of a final map or as a condition of issuing a building permit for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, freeways, railways, or canyons or constructing major thoroughfares pursuant to Section 66484 of the Subdivision Map Act.
B. Definitions. For the purposes of this section, the following words and phrases shall have the following meanings:
1. “Construction” means design, acquisition of right-of-way, administration of construction contracts, actual construction and inspections.
2. “Major thoroughfare” means a roadway as shown in the circulation and scenic highways element of the general plan whose primary purpose is to carry through traffic and provide a network connecting to the state highway system.
C. Payment of Fees Generally.
1. Prior to filing a final map which includes land within an area of benefit established pursuant to this subsection, the subdivider shall pay or cause to be paid any fees established and apportioned to such property pursuant to this section and any resolution adopted pursuant to this section for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons and/or constructing major thoroughfares.
2. Prior to the issuance of a building permit for construction on any property within an area of benefit established pursuant to this section, the applicant for such permit shall pay or cause to be paid any fees established and apportioned pursuant to this section for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons or constructing major thoroughfares, unless such fees have been paid pursuant to subsection (C)(1) of this section.
3. Notwithstanding the provisions of subsections (C)(1) and (C)(2) of this section:
a. Payment of bridge fees shall not be required unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of adoption of the boundaries of the area of benefit.
b. Payment of major thoroughfare fees shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit.
D. Consideration in Lieu of Fees. Upon application by the subdivider or applicant for a building permit, the City Council may accept consideration in lieu of the payment of fees required pursuant to this section; provided, that the City Council first finds, upon recommendation of the Public Works Director, that the substitute consideration has a value equal to or greater than the fee; and provided further that the substitute consideration is in a form acceptable to the City Council.
E. Public Hearing. Prior to establishing an area of benefit, a public hearing shall be held by the City Council at which time the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment, shall be established by resolution, a certified copy of which shall be recorded. Notice of the public hearing shall be given pursuant to Government Code Section 65091 and shall include preliminary information related to the boundaries of the area of benefit, estimated cost and the method of fee apportionment. The area of benefit may include land or improvements in addition to the land or improvements which are the subject of any map or building permit application considered at the public hearing.
F. Exemptions. Notwithstanding the provisions of subsection E of this section, the Council may provide an exemption from payment of such fees in the resolution establishing the area of benefit and amount of fees.
G. Protest.
1. At any time not later than the hour set for hearing objections to the proposed bridge facility and/or major thoroughfare, any owner of property to be benefited by the improvement may file a protest against the proposed bridge facility or major thoroughfare or against the extent of the area to be benefited by the improvements or against both of them. Such protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify such property, and, if the signers are not shown on the last equalized assessment roll as the owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property. All such protests shall be delivered to the City Clerk no later than five p.m. (5:00 p.m.) on the day of the public hearing and no other protest or objections shall be considered. Any protests may be withdrawn, in writing, by the owners making such protests, at any time prior to the conclusion of the public hearing.
2. If there is a written protest filed with the City Clerk by the owners of more than one-half (1/2) of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half (1/2) of that to be benefited, then the proposed proceedings shall be abandoned and the City Council shall not, for one (1) year from the filing of that written protest, commence or carry on any proceedings for the same improvement, or that portion thereof so protested against, under the provisions of this section.
H. Funds. Fees paid pursuant to this section shall be deposited into the city’s capital projects fund. A separate account within such fund shall be established for each bridge facility project or each major thoroughfare project. Money in such accounts shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefited and from which the fees comprising the account were collected, or to reimburse the city for the cost of constructing the improvement. (Ord. 4-16 § 1 (Exh. A) (part): Ord. 10-94 § 1. Formerly 9.16.120)