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HomeMy WebLinkAboutCC AG PKT 2004-02-23 #J } AGENDA REPORT DATE: February 23, 2004 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Douglas A. Dancs, P.E. Director of Public Works /City Engineer SUBJECT: COUNCIL APPROVAL: PUBLIC WORKS - STANDARD CONDITIONS OF APPROVAL FOR VESTING TENTATIVE AND TENTATIVE SUBDIVISION MAPS SUMMARY OF REQUEST: The proposed City Council action will adopt Council Resolution approving standard conditions of approval for vesting tentative and tentative subdivision maps and authorize the Director of Public Works /City Engineer to make changes as required by new regulations, for improvements to the infrastructure, and for the protection of public health and safety. BACKGROUND: On August 11, 2003, City Council approved the use of standard conditions for the Pacific Gateway project by Boeing Realty Corporation. It is now appropriate to incorporate these standards for all future vesting tentative and tentative subdivision maps as the minimum standards for the City's use in conditioning development projects. The standards cover eight applicable sections including streets, grading, drainage, utility services and map recordation. They also contain the language as required by the City's storm water Local Implementation Plan for protecting water quality in Seal Beach. As an approved list of Standard Conditions, this information will be more readily available to the public and to developers proposing new development in the City. In addition, at the time of future tentative map approvals, the City Council will have the option to add additional specific conditions to any project pursing the tentative map status from the City Council. Both the Development Services Department and the City's Planning Commission have reviewed and approved this documents use in the past. The Public Works Department has also reviewed different cities plans and materials to develop the attached standard conditions. The Director of Public Works /City Engineer will also be authorized to make any changes to the standard conditions as required by a new regulation such as the State Water Quality Regional Board, for improvements to the infrastructure, and to make any changes as required to protect public health and safety. Agenda Item .7' • FISCAL IMPACT: There is no fiscal impact associated with this action. RECOMMENDATION: It is recommended that the City Council adopt Council Resolution approving standard conditions of approval for vesting tentative and tentative subdivision maps and authorize the Director of Public Works /City Engineer to make changes as required by new regulations, for improvements to the infrastructure, and for the protection of public health and safety. Prepared By: Mark K. Vukojevic, P.E. Deputy City Engineer Cone • Concur: 4fr. D ouglas A. ' .E. l ee Whittenberg Director Public Works /City Engineer Development Services Director a 1 /AND A OVED: Jo B. ahorski, City Manager nclosure: Standard Conditions of Approval for Vesting Tentative and Tentative Subdivision Maps Resolution No. Agenda Item Department of PUBLIC WORKS Engineering Division 1 2 PUBLIC WORKS STANDARD CONDITONS OF APPROVAL FOR VESTING TENTATIVE 3 AND TENTATIVE SUBDIVISION MAPS 4 Last Updated 5 6 1. GENERAL 7 8 1.1. All minimum cash deposits established for work regarding the subdivision in accordance 9 with the fee resolution must be paid at the time of submittal of applications. The 10 deposits shall cover the actual cost including but not limited to review, plan check, 11 administration, coordination and construction administration, inspection and engineering 12 by City, private consulting firms and /or outside contractors.,Additional deposits will be 13 collected if initial deposits are insufficient to cover actual- costs. Any excess deposits 14 over minimum amount will be returned to the applicant 15 1.2. The subdivider shall submit plans and specifications for improvements. of all public 16 improvements including butnot limited to public and private street rights -of -way, 17 drainage easements, culverts, drainage structures and drainage channels, water lines, 18 sewer lines, to the Department of Public Works and receive approval prior to placing the 19 Final Map on City Council Agenda for approval and subsequent release of the Final 20 Map by the Director of Public Works /City Engineer for recordation. In accordance with 21 section 66456.2 of the Subdivision Map Act, the City has 60 working days to act on any 22 improvement submittal. Incomplete improvement plans will not be accepted and 23 returned to the subdivider. 24 1.3. The city reserves the right to require the subdivider to provide easements for public 25 utilities as needed. 26 1.4.! Prior to the submittal of the final map, the subdivider shall provide Covenants, 27 Conditions, and Restrictions (CC &Rs) to the Department of Public Works for review 28 which shall be recorded subsequent to approval by the City. 29 1.5. Thesubdivider shall provide As -Built drawings of all improvements. 30 1.6. Map Submission Requirements: =``31 1.6.1. A reproducible,mylar copy and a print of the recorded map shall be submitted to 32 the Department;of Public Works at the time of recordation. 33 1.6.2. The engineer or surveyor preparing the final map shall comply with Sections 7 -9- 34 330 and 7 -9 -337 of the Orange County Subdivision Manual, Subarticle 18 for the 35 following item; tie the boundary of the map into the Horizontal Control system 36 established by the County Surveyor. 7 1.6:3. Provide a digital - graphics file of said map to the County of Orange. 38 .:1.6.4. Provide a digital - graphics file of said map to the City. 39 1.7. Digital Submission Requirements for all maps and improvement plans. 40 1.7.1 Design Specification: 41 1.7.1.1 Digital data shall be full size (1:1) and in compliance with the California 42 coordinate system — STATEPLANE Zone 6 (Lambert Conformal Conic Page 1 of 19 Department of PUBLIC WORKS Engineering Division 1 projection), NAD 83 datum in accordance with the County, of Orange 2 Ordinance 3809 and Digital Submission of Cadastral Surveys 3 Information and Specifications. '" 4 1.7.1.2 Digital data shall have double precision accuracy (up to fifteen 5 significant digits). 6 1.7.1.3 Digital data shall have units in US FEET. 7 1.7.1.4 A separate drawing file shall be submitted for each individual sheet. 8 1.7.1.5 Digital data shall be in compliance with the Seal Beach Standard 9 Sheets, drawing names, pen color.and layering conventions. 10 1.7.1.6 Feature compilation shall include, but shall not be limited to: Assessor's 11 Parcel Numbers (APN), street addresses and street names with suffix. 12 1.7.1.7 File Format and Media Specification: 13 1.7.1.7.1 Shall be in compliance with the following file format: AutoCAD 14 (v13) drawing file. 15 1.7.1.7.1.1 The subdivider shall submit one contiguous drawing of 16 ° 3. the pipeline system of the water lines: 17 1.. 7: 1.7: 1.2The shall submit one-contiguous drawing of 18 the pipeline system of the sewer lines. 19 1.7.1.7.2 Shall be in compliance with the following file format: ArcView 20 v3.2. 21 1.7.1.7 : :2..1.1 Subdivider shall provide all layers within the 22 subdivision and street frontage required by the 23 Director of Public Works /City Engineer and as 24 „identified in the City's Geographic Information 25 `-': System Master Layering Plan. 26 ,'': 1.71.7.3 Shall be in: compliance with the following media type: CD 27 - -- Recordable (CD -R) 650 Megabytes v ;' 28 \ x- :1 7:1.8 Checking of Digital Data The digital data will be checked for the 29 following: rye; 30 ° ` 1. * 7.1.8:1 Correct layering S. 31 '.:_ , 1.7. .7.:1:8.2 Verification that annotated and calculated data are consistent 32 '..t7.1.8.3 Verification that digital and hard copy plans are consistent 33 1.7.1.8.4 Verification of correct coordinate system 34 1.7.1.8.5 Verification of a continuous pipeline shown in one drawing file. 35 (Plan & profile digital files will not be accepted). 36 1.7.1.8.6 Verification that digital files do not contain unresolved line 37 types, font files, and x- references. 38 r; 1.7.1.9 If the engineer does not have the capability to submit such files, the 39 ' Department of Public Works shall hire a consultant to create the 40 graphics file and recover the cost through a cash deposit submitted by 41 the sudivider. Any unused portion will be returned to the subdivider. Page 2 of 19 Department of PUBLIC WORKS Engineering Division 1 1.8 If any claim, action or proceeding (collectively "action ") is instituted by a third 2 party or parties challenging the validity of the Subdivision, Development or 3 related approvals, including the EIR and this subdivision (collectively "Project 4 Approvals "), Subdivider and City shall cooperate in defending any such action. 5 City shall notify Subdivider of any such action against City.within ten Working 6 days after City receives service of process, except for any petition for injunctive 7 relief, in which case City shall notify Subdivider immediately -upon receipt of:_ 8 notice thereof. Subdivider shall indemnify, hold harmless and defend City, and 9 any of its officers, employees or agents for any action by a third party or parties, 10 brought to challenge the Project Approvals; provided, however, that if City fails 11 promptly to notify Subdivider of any action against City, or if City fails to 12 cooperate in the defense, Subdivider shall not thereafter be responsible for 13 City's defense. Subdivider shall reimburse all of City's defense costs including, 14 without limitation, court costs, attorneys fees;incurred by,counsel selected by 15 the City, and expert witness fees. Subdivider shall promptly pay all monetary 16 awards, judgments, verdicts, court costs and attorneys fees that may be 17 awarded in such action. 18 2 STREETS 19 2.1 The city reserves the right, to require .full replacement of existing street improvements 20 or require new street improvements where none exist including curb, gutter, driveway 21 approach, portland cement concrete alley pa■ing, storm drains, access ramps, signal 22 relocation, asphalt and base "within street, raised concrete /asphalt median, alley type 23 approach, and sidewalk improvements along the:ffrontage of the subdivision. 24 2.2 The subdivider shall upgrade and /or construct facilities within the public right of way 25 along.the frontage of the subdivison in full compliance of the current requirements of 26 the'American Disabilities Act including but not limited to sidewalk and curb ramps. 27 2.3 ;= Street alignments and grades, including the change of any existing or proposed street 28 alignment and grade, shall be as required by the Director of Public Works /City 29 :Engineer. 30 2.4 The exact depth of imported base material shall be based on soil tests which have 31 been approved by the Director of Public Works /City Engineer. All streets shall be designed to the criteria of the Department of Public Works and the 33 Orange County Highway Design Manual. 34 2.6 If the improvement plans show a need to excavate in any public road right -of -way, the 35 developer shall place a cash deposit or post bonds with the Department of Public 36 Works to ensure that any damage to the existing roadway is repaired in a timely 37 manner. 38 2.7 The subdivider shall construct, or agree to construct, the public improvements and ,,private road improvements shown on the improvement plans as approved by the 40 -:;Director of Public Works /City Engineer. All proposed streets shall have sidewalk 41 ti;': ` constructed the full length on both sides of the street including around all cul -de -sacs. 42 7 i:,;=2.8 Streets shown on the Tentative Map are to be given street names approved by the 43 Director of Development Services, and the subdivider shall install all street name signs 44 as part of the subdivision street improvements. If the subdivider desires site addresses Page 3 of 19 Department of PUBLIC WORKS Engineering Division 1 for the lots created by the subdivision, the subdivider is to furnish a true scale Final 2 Map to the Development Services Department. Said map is to show street names for 3 all streets. 4 2.9 All new and existing utility distribution facilities, including cable television lines, within 5 the boundaries of the subdivision or within any half street abutting the subdivision, 6 shall be placed underground. The subdivider is responsible for complying with the 7 requirements of this condition, and shall make the necessary arrangements with each 8 of the serving utilities, including licensed cable television operators, for the installation 9 of such facilities. The subdivider shall either provide the Department of Public Works 10 with documentation from a licensed cable television operator stating cable television 11 service is available, or with documentation that no licensed cable television operator is 12 willing and able to provide service to the subdivision. 13 2.9.1 Subdivider shall relocate, abandon, or remove existing utilities that conflict with 14 construction. 15 2.9.2 Subdivider shall provide evidence that all utility companies or agencies have 16 been notified of the proposed construction and that all utility companies can 17 provide the required services. 18 2.9.3 Subdivider shall provide evidence, in a format to be approved by the City, of 19 Utility Notice showing that all utility providers with recorded easements on the 20 property have been informed of the eminent construction activities. 21 2.9.4 Subdivider shall provide evidence, in a format to be approved by the City, of 22 Utility Notice showing that cable television providers have been informed of the 23 eminent construction activities and noting that their facilities may be disrupted. 24 2.10 The installation (if required) of all gas, electric, sewer, and water lines and any other 25 below surface utilities is to take place before the installation of any concrete curbs, 26 gutter, sidewalks, and the surfacing of the streets. 27 2.11; The subdivider shall construct, to the satisfaction of the Director of Public Works /City 28 - Engineer, a public street lighting system 29 '2.11.1 Streetlights shall ,be installed on all private and public streets with approved 30 marbelite- concrete pole standards. Existing streetlights on overhead utility 31 poles or non marbelite- concrete poles fronting and within the Final Map, shall 32 be removed and new streetlights on marbelite- concrete pole standards shall 33 be'installed as approved by the City Engineer. 34 2.11.2 Reserved for future use 35 2.11.3 Reserved for future use 36 2.12 If the frontage of the proposed subdivision, fronts an arterial street designated on .37 the Orange County Master Plan of Arterial Highways and there are 2 or more traffic 38 signals within the frontage and the signals serve only that subdivision, the city 39 reserves the right to require full replacement and /or upgrade to current standards 40 existing traffic signals along the frontage of the subdivision. 41 2.13 STREET LANDSCAPING AND TREES 42 2.13.1 The subdivider shall submit an Arborist report by an arborist certified by 43 International Society of Arborist (ISA) for review and approval, via the 44 Director of Public Works /City Engineer to the City Forester. Said report shall Page 4 of 19 • Department of PUBLIC WORKS Engineering Division 1 quantify, identify, size and analyze the health of the existing treesl'The report 2 shall also recommend how the existing trees that are to remain (if any) shall 3 be protected and how far construction /grading shall be kept from the trunk. 4 Existing healthy mature trees that are to be removed must be replaced a 2 for 5 1 ratio with a 36" box tree or palm equivalent (13' — 14' of trunk height for 6 Queen Palms and 8' — 9' of brown trunk). The final landscape plan shall 7 illustrate which trees will be removed along with the quantity and location of 8 replacement trees. 9 2.13.2 Prior to the issuance of a city building permit, a maintenance of landscaping 10 agreement shall be signed by the subdivider for the maintenance of the 11 proposed street trees, which agreement shall run with the land and be 12 binding upon successors in interest of the subdivider. 13 2.13.3 The City reserves the right to require new trees to be planted in vacancies 14 along the frontage of the subdivision. Said trees, if required, shall be planted 15 prior to the issuance of city building permits. 16 2.13.4 All landscape irrigation and planting installation shall be certified to be in 17 conformance to the City approved landscapeplans by the Landscape 18 architect of record in written form to the Public Works Department prior to the 19 final landscape inspection and approval. 20 2.13.4.1 Subdivider shall install and maintain landscaping in the street 21 parkways for all new and existing streets within the subdividion in 22 conformance with landscape plans to be approved by the City. 23 2.13.5 All landscaped areas that are to be maintained by the City shall be 24 maintained by the developer for a 90 -day establishment period and a 365 -day 25 maintenance period, prior to being accepted and turned over to the City. 26 2.13.5.1 Subdivider shall provide a mechanism to pay for the ongoing 27 maintenance of all landscaping to be maintained by the City as 28 approved by the City Engineer. 29 2 2.13.6 Applicant shall provide the City with Microfilm copies (in City format) and CD 30 (AutoCAD only) "copy of complete City approved landscape construction 31 drawings as stamped "Permanent File Copy" prior to starting landscape work. 32 Copies shall be given to the Public Works Department for permanent City 33 record. 34 3 GRADING 35 3.1 Prior to approval of the grading plan, the subdivider shall comply with the following: 36 3.1.1 A Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to 37 the Public Works Department for review and approval. Final grades and -38 elevations on the grading plan shall be in substantial compliance with the 39 grades and elevations on the approved Tentative Map as determined by the 40 City Engineer., 41 3.1.2 A detailed soils analysis shall be prepared by a registered Soils engineer. 42 This analysis shall include on -site soil sampling and laboratory testing of 43 materials to provide detailed recommendations for grading, chemical and fill 44 properties, retaining walls, streets, and utilities. Page 5 of 19 Department of PUBLIC WORKS Engineering Division 1 3.2 A grading permit is required, and the subdivider shall comply with the following. 2 conditions prior to the issuance of such permit: 3 3.2.1 The subdivider shall submit grading plans, a permit application,,and all fees 4 and deposits to the Department of Public Works. Grading plans shall be 5 approved prior to or concurrently with the approval of the Improvement Plans. 6 3.2.2 If determined necessary by the Director of Public Works /City Engineer and /or 7 Building Official, the subdivider shall deposit with the Department of Public. 8 Works a cash deposit at the time the lot grading plan or improvement is 9 submitted. The deposit will be made with whichever plan is first submitted. 10 Said deposit shall be used to cover the, cost of site inspection by City 11 geologist to determine whether any geologic hazard exists and, if such is 12 found, to review the geologic report prepared by the developer's engineering 13 geologist. The developer shall reimburse the Department of Public Works for 14 any cost in excess of the deposit prior to issuance Qf a grading permit or 15 improvement plan permit. Any unused'portion:.of the deposit will be refunded. 16 3.2.3 The name and telephone number of an on -site field supervisor hired by the 17 developer shall be submitted to the departments of Planning and Public 18 Works. In addition, clearly visible signs shall be posted on the perimeter of 19 the site every 250`feet indicating who shall be contacted for information 20 regarding this development and any construction /grading- related concerns. 21 This contact person shall be available immediately to address any concerns 22 or issues'raised by adjacent property, owners during the construction activity. 23 He /She will be responsible for ensuring compliance with the conditions 24 herein, specifically, grading activities, truck routes, construction hours, noise, 25 etc. Signs shall include the applicant's contact number, City contact phone 26 "number regarding grading and construction activities, and "1 -800- 27 CUTSMOG" in the event there are concerns regarding fugitive dust and 28 compliance with AQMD °Rule No 403. 29 } 3.2.4 The developer shall submit a truck haul route plan with the Department of 30 f : ` w Public' -Works if the import or export of material is required. This plan shall 31 include the approximate number of truck trips and the proposed truck haul 32 „ It shall specify the hours in which transport activities can occur and 33 ,'methods to mitigate construction - related impacts to adjacent residents. These must be submitted for approval to the Department of Public Works. (c.:/ ' -: 35 3.2.5 The`developer shall keep all haul routes clean and free of debris including but v 36 not limited to gravel, dirt, and debris as a result of their operations. 37 3:2.6 The.applicant's grading /erosion control plan shall abide by the provisions of 38 AQMD's Rule 403 as related to fugitive dust control. 39 3.2.7 The applicant shall be responsible for the incorporation of measures to :40 reduce construction related traffic congestion into the project - grading permit. 41 :: , Measures, subject to the approval and verification by the Planning 42 Department and Public Works Department, shall include; 43 3.2.7.1 Reserved for future use 44 3.2.7.2 Reserved for future use 45 3.2.7.3 Configuration of construction parking to minimize traffic interferences; Page 6 of 19 Department of PUBLIC WORKS Engineering Division 1 3.2.7.4 Measures to minimize obstruction of through traffic lanes; 2 3.2.7.5 Use of a flagman to guide traffic when deemed necessary 3 3.3 The applicant shall be responsible for assuring that construction vehicles be equipped 4 with proper emission control equipment to substantially reduce emissions. 5 3.4 The applicant shall produce evidence acceptable to the Director of Public Work s /City 6 Engineer that: 7 3.4.1 All grading and construction vehicles and equipment, fixed or mobile, shall be 8 equipped and maintained with effective muffler systems that use state of the 9 art noise attenuation; 10 3.4.2 Stockpiling and /or vehicle staging areas shall be located as far as practicable 11 from sensitive noise receptors; 12 3.4.3 All operations shall comply with the City of Seal Beach Noise Ordinance. 13 3.5 Additional studies as deemed necessary by the Director of Public Works /City 14 Engineer, shall be performed to determine native elevations and evaluate the extent of 15 compressibility of the soils for structural design purposes._ These studies shall be 16 reviewed and approved by all appropriate departments at the City of Seal Beach. 17 3.6 Grading plans shall demonstrate that alluvial soils shall be removed in the areas that 18 will receive fill or foundation loading down to competent materials and re- compacted. 19 Additional studies may be deemed necessary by the Director of Public Works /City 20 Engineer or Building Official, to evaluate the extent of liquefaction of the soils for 21 structural design purposes.' 22 3.7 The applicant shall prepare a reporf"for approval by the Director of Public Works /City 23 Engineer or Building Official which assesses and provides recommendations for the 24 following: 25 l 3.7.1 Specific measures for adequate foundation, paving and flatwork design in 26 areasof any remaining expansive soils; 27 < >, 3.7.2 Identify the Expansive Index onsite and specify where necessary the 28 recommendations =including, but not limited to 1) pre- saturation of soils prior 29 'to concrete placement; 2) raised floors; 3) post- tensioned slabs; 4) thicker 30 slabs; 5) deeper footings; 6) the addition of soil amendments to facilities 3 wetting during compaction. 32 3:8 The project shall submit and obtain approval of final drainage and erosion 33 control plans for„ project component. These final drainage plans shall 34 de monstrate .that post - development stormwater discharge levels from the project will 35 remain at or below existing stormwater discharge levels. The mitigation measures 36 contained in the plan shall be approved by the Regional Water Quality Control Board 37 an'd the Public Works Department prior to any construction activities. The plans shall '38 include measures such as the following: 39' 3.8.1 Diversion of offsite runoff away from the construction site; 40 3.8.2 Prompt re- vegetation of proposed landscaped areas; 41 3.8.3 Perimeter sandbagging or temporary basins to trap sediment; and 42 3.8.4 Regular sprinkling of exposed soils during construction phases. Page 7 of 19 Department of PUBLIC WORKS Engineering Division 1 3.9 During demolition, grading, site development, and /or construction within the Project 2 boundaries, the following shall be adhered to: , 3 3.9.1 The developer shall be responsible for checking catch basins‘ adjacent to the 4 project and shall be responsible for cleaning any debris, dirt, or other material 5 that accumulates in either the catch basin or the filters. The developer shall 6 be responsible for any damage caused to a catch basin filter. 7 • 3.9.2 The developer shall be responsible for any damage to any public 8 improvement in the right of way either along the frontage or adjacent to the 9 subdivision including but not limited to the curb, gutter, sidewalk and driveway ; 10 approach as a result of the developer's _operations. All method of repairs will 11 be at the discretion of the Director of Public Works /City Engineer but at a 12 minimum all damage concrete will be replaced from score line to score line. 13 3.9.3 Water trucks will be utilized on the site and shall. be available to be used 14 throughout the day during site grading to keep the soil damp enough to 15 prevent dust being raised by the operatibris.', 16 3.9.4 All haul trucks shall arrive at the site no earlier than 8:00 am or leave the site 17 no later than 5:00 pm and shall be limited to Monday through Friday only. 18 3.9.5 Use water trucks or, sprinkler systems to wet down the areas that are to be 19 graded or that are being graded with repeated soa sufficient enough to 20 form a crust on the surface, and-as necessary to maintain the crust and 21 prevent dust pick "up by the wind :and after work is completed for the day. 22 3.9.6 The construction disturbance area shall be kept as small as possible. 23 3.9.7 All haul trucks shall be covered or hav water applied to the exposed surface 24 -;77: prior to leaving the site . prevent dust form impacting the surrounding areas. 25 3:9.8 Prior; leaving the site;: all haul trucks shall be washed off on -site on a gravel 26 surface to prevent dirt and dust from leaving the site and impacting public 27 streets: 28 - :3.9.9 All trucks hauling "dirt," sand, soil or other loose substances and building 29 ,x , material shall 'be covered, or shall maintain a minimum freeboard of two feet 30 ``'` .::'>r between the top of the load and top of the truck bed sides. ,."31: :: ;.- 3.9.10 ,Comply with appropriate sections of AQMD Rule 403, particularly to minimize ;J32 fugitive dust and noise to surrounding areas. wL 33 . 3.9.11 Remediation operations, if required, shall be performed in stages 34 concentrating in single areas at a time to minimize the impact of fugitive dust 35 u , and noise on the surrounding areas. 36 3.9.12 After clearing, grading, earth moving or excavation spread soil binders and :37 implement street sweeping as necessary. 38::;4. f : ; 3.'9.13 Construction equipment shall be maintained in peak operating condition to 39 reduce emissions. ' 40 3.9.14 Use low sulfur (0.5 %) fuel by weight for construction equipment. 41 3.9.15 Truck idling shall be prohibited for periods longer than 10 minutes. 42 3.9.16 Discontinue operation during second stage smog alerts. Page 8 of 19 Department of PUBLIC WORKS Engineering Division 1 3.9.17 Implement a phased schedule for construction activities to minimize ize daily 2 emissions. 3 3.9.18 Schedule activities to minimize the amount of exposed excavated soil during 4 and after the end of work periods. 5 3.9.19 Treat unattended construction areas with water (disturbed lands which have 6 been, or are expected to be unused for four or more consecutive days) 7 3.9.20 Dust control measures approved by the City Engineer shall. be utilized and.. , 8 implemented as required. 9 3.9.21 Use vegetive stabilization, whenever possible, to control soil erosion from 10 storm water especially on super pads: 11 3.9.22 Require enclosure or chemical stabilization of open storage piles of sand, dirt, 12 or other aggregate materials. 13 3.9.23 Install vehicle wheel- washers before the roadway entrance at construction 14 sites. 15 3.9.24 Control off -road vehicle travel by posting driving speed limits on these roads. 16 3.9.25 During grading and construction, the applicant shall be responsible for 17 making certain that vehicle movement on any unpaved surface other that 18 water trucks shall be terminated if wind speeds exceed 35 mph per the 19 approved environmental document. ; ., 20 3.9.26 During grading arid construction the applicant shall be responsible for the 21 paving of all accese aprons, to the projectsite and the maintenance of the 22 paving. 23 3.9:27 = Ensure clearly visible signs are posted on the perimeter of the site identifying 24 the name and phone number of a field supervisor to contact for information 25 regarding the development and any construction /grading activity. 26 3.9.28 On -site parking shall be provided for all construction workers and equipment 27 unless approved otherwise by the Public Works Department. 28 8 :9.29 . The property owner i responsible for all required clean up of off -site dirt, 29 ,. pavement damage and /or re- striping of the public rights -of -way as , 4 determined by the Public Works Department. . 31 `` 3.9.30 Within 30 days of completion of grading and public infrastructure work, a dust 32 control plan for all undeveloped parcels shall be submitted to the Planning 33 Department for review and approval by the departments of Planning and 34 Public Works. The plan shall include a schedule for implementation of 35 approved dust control measures by the property owner(s). Notice of any ,,. 36 obligation of future property owner(s) pursuant to the approved dust control `x,37 plan shall be given by the applicant prior to the sale of any parcel. 38 "- - 3.9.31 Discovery of contamination /pipelines, etc., must be reported to the Orange 39 County Fire Authority immediately and any approved workplan modified 40 accordingly. 41 ' 3.9.32 The applicant(s) shall be responsible for remedial removal of expansive soils 42 onsite during grading and prior to construction. Page 9 of 19 Department of PUBLIC WORKS Engineering Division 1 3.9.33 During construction and at complete buildout, the project shall provide easy 2 access into and within the project site for emergency vehicles and addresses 3 shall be well marked to facilitate response by officers. Project site plans 4 depicting these requirements shall be reviewed and approved by the Police 5 Department. 6 3.10 Prior to final grading inspection, the following shall be completed: 7 3.10.1 All improvements shall be completed in accordance with the approved 8 Grading plan, the adopted design criteria and any mitigation requirements 9 and conditions of approval specified herein. - 10 4 DRAINAGE, FLOOD CONTROL & STORMWATER :POLLUTION 11 4.1 Prior to submittal of drainage improvement plans, the subdivider shall submit for 12 approval by the Director of Public Works /City Engineer a Master Plan of Drainage for 13 the subdivision. 14 4.2 The subdivider shall provide for a drainage system; capable of handling and disposing 15 of all surface water originating within the subdivision and all surface water that may 16 flow onto the subdivision from adjacent lands. Said drainage system shall include any 17 easements and structures_ required by the Department of Public Works to properly 18 handle the drainage, and shall-be designed so as to prevent. of surface water 19 that would create a public health hazard or nuisance. Said drainage system shall be 20 designed in accordance with Orange County Local Drainage Manual latest edition. • 21 4.2.1 The minimum public drain pipe size :shall be 18 -inch diameter reinforced 22 concrete pipe (RCP). 23 4.3 The subdivider shall provide for the'improvement o f all drainage easements by culvert 24 or drainage channel of adequate size, whichever is required by the Director of Public 25 Works /City Engineer. Any required drainage channel shall be lined with the suitable 26 material as specified by the Director of Public Works /City Engineer. All such drainage 27 easements shall be monumented a long property lines at locations approved by the 28 : ° : Director of Public Works /City Engineer. An access easement shall be provided to each 29 :,drainage system maintenance access point not directly accessible from a public 30 roadway. Such access easement is to be improved, fenced, and aligned to the 31 satisfaction of the Director of Public Works /City Engineer. 4.3.1 Allstorm drains on private property shall be private and shall be maintained by '33 the Property Owners Association as part of the CC &R's. 34 4.4 Portland cementconcrete cross gutters or culverts shall be installed where water 35 crosses the roadways. 36 4.5 Ari adequate energy dissipator shall be constructed at the outlet of the storm drain, or 37 verification shall be provided that such improvement is not needed. : 38 4.6 Hydrology and hydraulic calculations for determining the storm system design, with water surface profile and adequate field survey cross section data, shall be provided 40 ,.:'.,satisfactory to the Director of Public Works /City Engineer, or verification shall be 41 j provided that such calculations are not needed as approved by the Director of Public 42 Works /City Engineer. 43 4.7 Stormwater /NPDES Requirements for City Local Implementation Plan (LIP) Page 10 of 19 Department of PUBLIC WORKS Engineering Division 1 4.7.1 Prior to the issuance of any grading or building permitsfor projects that will 2 result in soil disturbance of one acre or more of land, the applicant shall 3 demonstrate that coverage has been obtained under California's General 4 Permit for Stormwater Discharges Associated with Construction Activity by 5 providing a copy of the Notice of Intent (NOI) submitted to the State Water 6 Resources Control Board and a copy of the subsequent notification of the 7 issuance of a Waste Discharge Identification (WDID) Number. Projects 8 subject to this requirement shall prepare and implement'a.Stormwater 9 Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be 10 kept at the project site and be available for City review on request. _ - " 11 4.7.2 Prior to recordation of the subdivision`Final Map and if determined applicable : 12 by the Director of Public Works /City Engineer, the applicant shall submit to. 13 the City for review and approval a Water Quality Management Plan that: 14 4.7.2.1 Prior to grading or building permit close -out and /or the issuance of a 15 certificate of use or a certificate of: occupancy, the applicant shall: 16 4.7.2.1.1 Demonstrate that all structural best management practices 17 (BMPs) described in the Project WQMP have been 18 constructed and installed in conformance °with approved plans 19 ,,- and .specifications, K . 20 4.7.2.1.2 Demonstrate. that applicant is prepared to implement all non - 21 structural BMPs described in the Project WQMP, 22 4.7.2.1.3 Demonstrate. that an adequate number of copies of the 23 approved Project WQMP, are available onsite, 24 4.7.2.1.4 Submit : for review and approval by the City an Operations and 25 : Maintenance (O &M) Plan for all structural BMPs. 26 4.7.3 < -' For Projects Adjacent to Beaches 27 -': 4.7.3.1 ;During the construction phase, the applicant shall comply with the 28 following requirements: ':)` 29 4:'7.3.1.1 '.,(;; All construction materials, wastes, grading or demolition 30 debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be 31 ,...� properly covered, stored, and secured to prevent transport into coastal '';32 ';.,:.,':-:.,. waters by wind, rain, tracking, tidal erosion or dispersion. 33 : Grading and Drainage Plans shall be prepared with the 34 following design objectives: 35 4.7.3.1.2.1 All surface runoff and subsurface drainage shall be 36 directed to the nearest acceptable drainage facility, via sump pumps if 37 necessary, as determined by the Building Official 38 -i 4.7.3.1.2.2 Onsite surface drainage and subdrain systems shall not 39 :.{ ,: , discharge over a blufftop or hilltop. 40 - 4.7.3.1.2.3 All roof drains shall be required to connect into a tight - 41 line drainage pipe or concrete swales that drain to the nearest 42 acceptable drainage facility as determined by the Building Official. 43 4.7.3.1.2.4 Landscaping plans shall utilize non - invasive, drought - 44 tolerant landscape materials. Page 11 of 19 Department of PUBLIC WORKS Engineering Division 1 4.7.3.1.2.5 Irrigation System plans shall not include irrigation lines 2 for the bluff -side of the parcel. 3 4.7.3.2 All grading and improvements shall be made in accordance with the 4 Grading Ordinance and to the satisfaction of the Director of:Public Works /City 5 Engineer and /or Building Official or designee. Grading shall be in substantial 6 compliance with the approved grading plans. Surety to guarantee the completion 7 of grading, erosion and sediment control measures, soil stabilization, and 8 drainage improvements shall be posted satisfactory to the Director of Public 9 Works /City Engineer and /or Building Official or designee. 10 4.7.4 Projects in Hilly Areas 11 4.7.4.1.1 Drainage facilities discharging onto adjacent property shall be 12 designed to imitate the manner in which runoff is presently crossing the 13 adjacent property. Alternatively, the project applicant may obtain a drainage 14 acceptance and maintenance agreement, suitablefor recordation, from the 15 owner of said adjacent property. 16 4.7.5 Industrial Facilities: 17 4.7.5.1.1 For industrial facilities subject toCaliforni General Permit 18 for Stormwater Discharges Associated with IndustriaiActivity as defined by 19 Standard Indiistrial Classification (SIC) code, prior to grading or building 20 permit close - out and /or the issuance of a certificate of use or a certificate of 21 occupancy, the applicant shall demonstrate. that coverage under the permit 22 has been obtained providing a copy of :th'e' : Notice of Intent (NOI) submitted 23 to the State Water Resources Control Board and a copy of the notification of 24 the issuance of a Waste Discharge Identification (WDID) Number. 25 4.7.6 . - ;- Special Conditions 26 4.7:6.1 ':Prior to the issuance of any building permits, the applicant shall include 27 in the plans any urban runoff control measures deemed necessary by the 28 Buildin 'Official. `' Building :O 4:7:6.2 '." Prior to issuance of certificates of use and occupancy or building 30 permits for individual tenant improvements or construction permits for a tank or • 31 "pipeline, uses shall be identified and, for specified uses, the applicant shall 37":"'!" ,:F = propose plans and measures for chemical management (including, but not 33 ,. limited,to, storage, emergency response, employee training, spill contingencies : 34 and disposal)": The chemical management measures shall be incorporated as an 35 element,of a Water Quality Management Plan and shall be subject to the 36 approval of the City Building Official and other specified agencies such as the 37 Fire Authority, the Orange County Health Care Agency and sewering agencies to 38 ensure implementation of each agency's respective requirements. Certificates or <_39 permits may be ministerially withheld if features needed to properly manage '40:: chemicals cannot be incorporated into a previously completed building, center or 41 "', complex. 42 4.7. Plan Check: Issuance of Grading or Building Permits 43 4.7.7.1 The construction plans submitted by the applicant for plan check must 44 incorporate all of the structural BMPs identified in an approved Project WQMP. 45 Therefore, the City will applicants to obtain approval of the final Project WQMP 46 prior to submitting construction plans for plan check. Page 12 of 19 Department of PUBLIC WORKS Engineering Division 1 4.7.7.2 General or Special Notes for Plan Sheets 2 4.7.7.2.1 Prior to the issuance of a grading or building permit, the City 3 shall require the permit applicant to include the following "as general or 4 special notes on the plan sheets for new development or significant 5 redevelopment projects: 6 4.7.7.2.2 Sediment from areas disturbed by construction shall be 7 retained on site using structural controls to the maximum extent practicable. 8 4.7.7.2.3 Stockpiles of soil shall be properly:contained to minimize 9 sediment transport from the site to streets, drainage facilities or adjacent 10 properties via runoff, vehicle tracking; or wind. 11 4.7.7.2.4 Appropriate BMPs for construction - related materials, wastes; 12 spills or resides shall be implemented to minimize transport from the site to 13 streets, drainage facilities, or adjoining property by:wind or runoff. 14 4.7.7.2.5 Runoff from equipment and... vehicle washing shall be contained 15 at construction sites unless treated to rernove sediment and other 16 pollutants. 17 4.7.7.2.6 .All construction contractor and subcontractor personnel are to 18 be made aware of the required best management practices and good 19 housekeeping' measures. for: the project site and any associated construction 20 staging areas. ;.: 21 4.7.7.2.7 At the end of each day of construction activity all construction 22 debris and waste'materials shall be collected and properly disposed in trash 23 or recycle bins. 24 4.7.7:2.8' ` Construction sites shall be maintained in such a condition that 25 ananticipated storm does not carry wastes or pollutants off the site. 26 Discharges of material other than stormwater are allowed only when 27 necessary for performance and completion of construction practices and 28 ; , v where they, do not: cause or contribute to a violation of any water quality t - 29 :. :. st cause or, threaten to cause pollution, contamination or nuisance; 30 or contain a hazardous substance in a quantity reportable under Federal 31 ' r Regulations 40 CFR Parts 117 and 302. :32 4.7.7.2.9 Pote ntial pollutants include but are not limited to: solid or liquid 33 ° ` ' ,, chemical spills; wastes from paints, stains, sealants, glues, lime, pesticides, 34 herbicides, wood preservatives and solvents, asbestos fibers, paint flakes or 35 stucco fragments; fuels, oils, lubricants, and hydraulic, radiator or battery 36 fluids; concrete, detergent or floatable wastes; wastes from any 37 engine /equipment steam cleaning or chemical degreasing; and 38 superchlorinated potable water line flushings. `39, 4.7.7.2.10 During construction, disposal of such materials should occur in 40 ;> a specified and controlled temporary area on -site physically separated from 41 '' ` -., potential stormwater runoff, with ultimate disposal in accordance with local, 42 state and federal requirements. 43 4.7.7.2.11 Dewatering of contaminated groundwater, or discharging 44 contaminated soils via surface erosion is prohibited. Dewatering of non - 45 contaminated groundwater requires a National Pollutant Discharge Page 13 of 19 Department of PUBLIC WORKS Engineering Division 1 Elimination System (NPDES) permit from the respective State Regional 2 Water Quality Control Board. 3 4.7.8 Permit Closeout, Certificates of Use, and Certificates of Occupancy 4 4.7.8.1 The Project WQMP continues with the property after the completion of 5 the construction phase and the City may require that the terms, conditions and 6 requirements be recorded with the County Recorder's office by the property 7 owner or any successive owner as authorized by the Water Quality Ordinance. 8 The end of the construction phase therefore represents a transition from the New 9 Development/Significant Redevelopment Program to the Existing Development 10 Program. Accompanying this is a close out of permits and issuance of certificates 11 of use and occupancy. The City will use this juncture to assure satisfactory 12 completion of all requirements in the Project WQMP by requiring the applicant to: 13 4.7.8.2 Demonstrate that all structural BMPs described in the Project WQMP 14 have been constructed and installed in conformance with approved plans and 15 specifications, 16 4.7.8.3 Prepare and submit for review and approval an O &M Plan for all 17 structural BMPs, Demonstrate that a mechanism or agreement acceptable to the 18 City has been executed for the long -term funding and performance of BMP 19 operation, maintenance, repair, and /or replacement. 20 4.7.8.5 Demonstrate that the applicant is prepared to implement all non - 21 structural BMPs described in the Project WQMP, . 22 4.7.8.6 Demonstrate that an adequate number of copies of the Project WQMP 23 are available onsite, and 24 4.7.8.7. For industrial facilities subject to California's General Permit for 25 Stormwater Discharges Associated with Industrial Activity as defined by Standard 26 Industrial Classification (SIC) code,:demonstrate that coverage has been 27 obtained by providing a copy of the Notice of Intent (NOI) submitted to the State 28 Water Resources Control Board and a copy of the notification of the issuance of 29 a Waste Discharge Identification (WDID) Number. 30 4.7.8.8. The O &M Plan for structural BMPs that is prepared by the applicant for 31 private sector projects shall describe and /or include: 32 4.7.8.8.1 " Structural BMPs 33 4.7.8.8.2 Employee responsibilities and training for BMP operation and 34 maintenance 35 4.7.8.8.3 Operating schedule 36 4.7.8.8.4 Maintenance frequency and schedule 37 4.7.8.8.5 Specific maintenance activities 38 4.7.8.8.6 Required permits from resource agencies, if any 39 4.7.8.8.7 Forms to be used in documenting maintenance activities 40 4.7.8.8.8 Notification to Orange County Vector Control District of the 41 structural BMPs in place Page 14 of 19 Department of PUBLIC WORKS Engineering Division 1 4.7. 8.8.9 Recordkeeping requirements (at least 5 years)At a minimum, 2 the City shall require the annual inspection and maintenance of all structural 3 BMPs. 4 4.7.8.10 Following satisfactory inspection, those structural BMPs agreed during 5 the planning process to be within City right -of -ways, or on land to be dedicated to 6 City ownership will be accepted. Upon acceptance, responsibility for operation 7 and maintenance will transfer from the developer or contractor to the appropriate 8 City department, including the funding mechanism identified in the approved 9 Project WQMP. 10 4.7.8.11 If a property owner or a private entity, such as a homeowners 11 association (HOA), retains or assumes responsibility for operation and 12 maintenance of structural BMPs, the City shall require access for inspection 13 through an agreement. If the City will be responsible for operating and 14 maintaining structural BMPs on private property, an easement will be established 15 to allow for entry and proper management of the BMPs. Such access easements 16 shall be binding throughout the life of the project, or until the BMPs requiring 17 access are acceptably replaced with a BMP not requiring access. Funding for 18 the long -term operation and maintenance of structural BMPs will be front - funded, 19 or otherwise guaranteed via mechanisms such as approved assessment districts, 20 or other funding mechanisms. 21 4.8 All storm drainage pre - treatment facilities on private property shall be owned and 22 properly maintained by the Property Owners Association. 23 5 SEWER . 24 5.1 An updated sewer master plan shall be prepared and submitted for Public Works 25 review and approval. The subdivider shall design and construct the sanitary sewer 26 system required to serve the development including any offsite improvements 27 necessary to accommodate and increased flow associated with the subdivision either 28 in its entirety or by individual phasing. 29 5.2.AII improvement plans for sewer shall be in conformance with the design standards 30 and criteria of the Department of Public Works. 31 5.3 The developer shall establish and initiate a financing mechanism for the maintenance, 32 operations and replacement of any private or public sewer lift stations and force mains 33 required by the project. 34 5.4 Eliminate grease from sanitary sewers in food preparation facilities including 35 restaurants, cafeterias, and other commercial cooking facilties.. 36 5.4.1 All restaurants, caterers, school cafeterias and other commercial cooking 37 facilities must avoid causing grease blockages in the municipal sewer 38 system. 39 5.4.2 In commercial food preparation and meat retailing tenancies, install: 40 5.4.2.1 grease interceptors 41 5.4.2.2 sink strainers on drains 42 5.4.2.3 washdown areas for kitchen mats 43 5.4.3 Grease interceptors must drain to the sanitary sewer system, and receive 44 wastewater from all contributory sources, such as pot sinks, dishwashers, Page 15 of 19 Department of PUBLIC WORKS Engineering Division 1 floor drains and mat washing area drains. If these are not installed in the 2 base building, rough -in plumbing for their future installation should be 3 provided. 4 5.4.4 All new or rebuilt facilities are required to install a grease interceptor to 5 pretreat sewered grease. Sizing criteria for Fats, Oils and Grease interceptors 6 shall be based on the Uniform Plumbing Code Section 1102(a) and meet any 7 additional requirements of the Building Official and Director of Public 8 Works /City Engineer 9 5.4.5 All new, and rebuilt, as well as existing kitchen facilities, must dedicate a 10 specific area for the washing of floor mats and related equipment, bermed to 11 ensure wastewater is not discharged to the storm drain system but to a 12 grease interceptor discharging to the sanitary sewer. Outdoor wash -down 13 area drains must be protected from rain water intrusion. 14 5.4.6 All grease interceptors must be installed by a state- certified plumber under 15 permit and inspection of the Building and Safety Department 16 5.4.7 All garbage disposal units must be approved by the Building Official. 17 5.4.8 For grease interceptors and traps to function properly they must be serviced 18 and maintained by a qualified contractor. 19 5.5 Eliminate lint from sanitary sewers in professional cleaning facilities. 20 5.5.1 Install lint traps and filters on drains from equipment and work areas, or 21 rough -in plumbing for these in potential professional cleaning tenancies: dry 22 cleaners, Laundromats and carpet cleaners. All commercial laundry facilities, 23 Laundromats, and dry cleaners with laundry facilities are required to install a 24 lint trap or settling pits for discharge from washing machines. They are 25 prohibited to discharge wastewater with a temperature greater than 104° 26 Fahrenheit. The pH of wastewater discharged must be no greater than 11.0 27 or less than 5.5. Dry- cleaning facilities are strictly prohibited from discharging 28 wastewater from their dry cleaning operations. Separator water cannot.be 29 discharged to the sewer system or added to the boiler. Separator water can 30 be treated onsite by filtration/ evaporation methods, or untreated waste -water 31 can be hauled offsite by licensed disposal companies for treatment. 32 5.5.1.1 Lint traps or settling pits shall be periodically maintained and serviced. 33 Receipts indicating when lint traps or settling pits were last serviced 34 should be kept on file. 35 5.5.1.2 Equipment to treat separator water should be maintained and serviced 36 periodically. 37 5.6 Eliminate silver from sanitary sewer in photo finishing facilities: 38 .5.6.1 Install silver recovery units and sampling boxes on drains, or rough -in 39 plumbing for their future installation, in potential photo- finishing tenancies, 40 including commercial and residential photo - finishing facilities, medical or 41 dental offices with x -ray processors, and other facilities generating 42 wastewater with a high content of silver. These pretreatment devices include: 43 5.6.1.1 clarifiers for organic pollutants such as inks, dyes or acids such as 44 enchants Page 16 of 19 Department of PUBLIC WORKS Engineering Division 1 5.6.1.2 de- silvering devices for photo - developing wastestreams containing 2 greater than 5 mg /liter silver 3 5.6.1.3 sample boxes whenever deemed necessary by the Industrial Waste 4 Section, which will specify the type, size, placement, and connection of 5 these devices. 6 5.6.2 All silver recovery units must be periodically maintained and serviced by a 7 licensed company. 8 5.6.3 Under no circumstances should waste fixer solution be discharged to floor 9 drains, sinks, toilets, or any type of discharge pipe directly to the sewer 10 system without treatment. 11 5.6.4 All sample boxes must be installed by a state - certified plumber under permit 12 and inspection of the Building and Safety Department. 13 5.7 Subdivider shall provide evidence of approval from the Orange. County Sanitation 14 District that sewer conveyance and treatment capacity is available. 15 6 WATER 16 6.1 An updated water master plan shall be prepared and submitted for Public Works 17 review and approval. The subdivider shall design and construct the water distribution 18 system required to serve the development including any offsite improvements 19 necessary to accommodate and increased.flow associated with the subdivision either 20 in its entirety or by individual phasing. 21 6.2 All improvement plans for water shall . be in conformance with the design standards and 22 criteria of the Department of Public Works 23 6.3 The project shall incorporate the City's adopted best management practices for urban 24 water conservation and the subdivider shall utilize them in their design of the 25 subdivision. 26 7 FIRE 27 7.1 Installation and /or removal of underground flammable or combustible liquid storage 28 tanks (UST) requires the applicant to first obtain an approved Orange County 29 Environmental Health Care UST permit/site plan. This approved plan must be 30 presented to obtain the required Fire code Permit Application to conduct installation 31 and /or removal operations. (OCFA) 32 7.2 Vapor extraction treatment areas may require conformance to OCFA Specifications 33 as Fired Appliances. (OCFA) 34 7.3 Subdivider shall evidence of approval by the Orange County Fire Authority that the 35 proposed infrastructure for fire protection services will be adequate to serve the 36 proposed development. 37 8 FINAL MAP RECORDATION 38 8.1 The Final Map shall show the dedication of all onsite drainage easements, including 39 easements for access thereto, and show monumentation for such easements, as 40 required by the Director of Public Works /City Engineer, or verify that no easements are 41 required. 42 8.1.1 All easements dedicated to the City shall be 20 -feet wide. Page 17 of 19 Department of PUBLIC WORKS Engineering Division 1 8.2 Not Used 2 8.3 The subdivider shall accomplish the following prior to approval of the Final Map by the 3 City Council 4 8.3.1 Prior to recordation of the final parcel map, the subdivider shall submit to the 5 city for review and comment a schedule of development plan. 6 8.3.2 Prior to the recordation of the final parcel map, the subdivider shall enter into 7 a subdivision agreement with the City and shall post security and insurance 8 with the City to guarantee construction of all public and private improvements 9 required for the subdivision /development., 10 8.3.3 Provide the Department of Public Works with a certification from each public 11 utility and each public entity owning easements within the proposed 12 subdivision stating that: (a) they have received from the developer a copy of 13 the proposed map; (b) they object or do not object to,the filing of the map 14 without their signature; (c) in case of a street dedication affected by their 15 existing easement, they will sign a "subordination certificate" or "joint -use 16 certificate" on the map when required by the governing body. In addition, the 17 subdivider shall furnish proof to the satisfaction :Of the Director of Public 18 Works /City Engineer that no new encumbrances have been created that 19 would subordinate the City's interest over areas to be dedicated for public 20 road purposes since submittal of the Tentative Map. 21 8.3.4 Provide the Department of Public Works with evidence that any offer of 22 dedication or grant of right -of -way shall be free of all encumbrances or 23 subordinated at the time of recordation of the Final Map. 24 8.3.5 If the subdivider does not have the real property rights necessary for public 25 access or the construction of required improvements, he /she shall request 26 the City Council to direct City staff to begin eminent domain proceedings for 27 acquisition of said property rights. The developer shall agree to pay full City • 28 costs of eminent domain proceedings, including all easement costs. The 29 developer shall also agree to construct required improvements within said 30 easement. 31 8.3 :6, Pay off all existing deficit accounts associated with processing this application 32 to the satisfaction of the Director of Administrative Services, prior to placing 33 the Final Map on City Council Agenda for approval. 34 8.4 Applicant agrees that if as a result of the approval of this map, any structures will cross 35 property lines, the approval of this map shall be subject to a determination by the City 36 Building Official -that a modification to the Building Code requirements to allow a building 37 to cross property lines would conform with the intent and purpose of the Building Code 38 and would not lessen health, life, and fire safety requirements or any degree of structural 39 integrity. 40 8.5 Applicant agrees to execute and file with the County Recorder a covenant, which has 41 been approved by the City Attorney as to form and content, providing that prior to the 42 conveyance of any parcel created by this map which contains a structure crossing 43 property lines, if the property owner does not convey all parcels on which the structure 44 sits to the same party, the property owner shall demolish the structure. Applicant agrees 45 to execute and record such covenant within twelve months of the date of final map 46 approval. 47 Page 18 of 19 Department of PUBLIC WORKS Engineering Division 1 2 3 Director of Public Works /City Engineer Page 19 of 19