SPB/ChattletonPlaceTract9599 11/20/23
RECORDING REQUESTED BY AND:
WHEN RECORDED MAIL TO:
City of San Pablo
ATTN: City Manager
1000 Gateway Avenue
San Pablo, CA 94806
SPACE ABOVE THIS LINE FOR RECORDER’S USE
SUBDIVISION IMPROVEMENT AGREEMENT
Tract 9599
Chattleton Place
THIS SUBDIVISION IMPROVEMENT AGREEM ENT (the “Agreement”) is made and entered into this day of _______________, 2023, by and between CHATTLETON PLACE PARTNERS, LLC, a California limited liability company (the “Subdivider”), and the CITY OF SAN PABLO, a California municipal corporation (the “City”).
RECITALS
A. The Subdivider is the owne r of certain real property (the “Site”) located within the corporate limits of the City of San Pablo, more particularly described in Exhibit A attached hereto.
B. The Subdivider acquired the Site from the City. The City is the successor-in- interest of the housing assets a nd functions of the former Redevelopment Agency of the City of San Pablo. The Site was designated a housing asse t by action of the San Pablo Local Successor Agency on July 10, 2013, which was approved by the San Pablo Oversight Board on July 12, 2013, and by the California Department of Finance on August 14, 2013.
C. On September 20, 2021, by Resolution 2021-126, the City Council of the City of San Pablo approved the Major De sign Review, Conditional Use Pe rmit, and Vesting Tentative Map for the subdivision of the Site (“Tract 9599”), subject to specified Conditions of Approval attached thereto as Exhibit B (the “Conditions of Approval”).
D. On December 13, 2023, by Resolution 2023-___, the City Council of the City of San Pablo approved the Final Map for Tract 9599, subject to the Conditions of Approval, including the required execution of this Agreement.
SPB/ChattletonPlaceTract9599 11/20/23 2
AGREEMENTS
NOW, THEREFORE, IT IS AGREED BY THE SUBDIVIDER AND THE CITY AS FOLLOWS:
1. Performance of Improvements .
a. Plans. The Subdivider shall cons truct the grading, roadway, sidewalk, utility, park and storm drainage improvements, and the stormwater treatment (“C-3”) improvements and landscaping required by the Conditions of Approval and as outlined and set forth in the following improvement plans (“PLAN2012-0011”):
Improvement Plans for Tract 9599 Chattleon Place (APN 417-310- 004), prepared by Humann Company, Inc., Lafayette, CA and approved on July 31, 2023; and
Landscaping Plans for Tract 9599, prepared by Wilson & Associates, Berkeley, CA and approved on July 31, 2023; and
Joint Trench Composite Plan Chattleton Lane, prepared by Lighthouse Design, Inc., Antioch, CA and approved on July 31, 2023; and
Stormwater Control Plan for Tract 9599, prepared by Humann Company, Inc., Lafayette, CA and approved on July 31, 2023.
all of which are incorporated herein by this reference and made a part hereof as though fully set forth herein, togeth er with such other improvements as are required by the Final Map and the Conditions of Approval, which shall be designed and constructed in accordance with City standards and applicable Conditions of Approval.
The Subdivider understands and agrees that the plans identified above are subject to minor changes and technical corrections that may be required by the City Engineer as necessary to ensure compliance with applicable City ordinances, regulations and the Conditions of Approval.
b. Covenants and Repres entations. The Subdivider hereby covenants and represents to the City that the plans and specifications referred to herein are in accordance with the Final Map and Major Design Review and Conditional Use Permit approvals, including applicable Conditions of Approval made a pa rt of said approvals. The S ubdivider further covenants and represents to the City that the plans and specifications referred to in this Agreement or prepared pursuant to this Agreement are or will be adequate to accomplish the improvement work covered by this Agreement in good, workmanlike manner and in accordance with accepted construction practices. The Subdivider further covenants and represents to the City that the construction of the improvements referred to herein shall not adversely affect any portion of adjacent properties. The SPB/ChattletonPlaceTract9599 11/20/23 3
Subdivider may modify previously approved pl ans and specifications as the development progresses should unforeseen conditions occur on ly upon the prior written approval of the City Engineer. Should said plans and specifications at any time prior to final acceptance/approval of improvements referred to herein pr ove to be inadequate in any respect, in the good faith opinion of the City, then the Subdivider shall make such changes in the plans and specifications as are necessary to satisfy the City’s requirements hereunder, all at no expense to the City.
c. The Work. Except as expressly set forth to the contrary, any reference to the term “work” shall mean the construction of the improvements shown on PLAN2012-0011.
2. Time for Completion. Unless otherwise set forth in the Conditions of Approval or this Agreement, all required improvements shall be completed by December 13, 2024. The City Council may extend the time for completion of the imp rovements. No extension of time shall be made except upon the basis of a written application made by the Subdivider to the City stating fully the grounds of the application and facts re lied upon for such an extension. The Subdivider shall pay the City’s costs of processing any ex tension, and any application for an extension may be conditioned upon an increase in security and inspection fees to reflect current costs, as determined by the City Engineer. Neither such extension nor other delay by the City shall constitute a waiver of any of the obligations of the Subdivider or the Subdivider’s surety.
3. Acceptance or Approval of Improvements; Inspection by City; Warranty.
a. Inspection; Access. The Subdivide r shall allow the City’s duly authorized representatives access to the work at all times and shall furnish them with every reasonable facility for ascertaining that the methods, materials, and workmanship comply with the requirements and intent of the improvement plans. The Subdivider shall give at least one day’s advance notice of the date upon which the work is to commence.
b. Warranty. Upon final completion of all said work in accordance with this Agreement, the City Engineer shall notify the Subdivider in writing of (i) acknowledgment of acceptance of any public improvements and (ii) approval of any private improvements.
(1) Public Improvements. For a period of one year from and after the date of said acceptance of the public improvements, the Subdivider shall guarantee and warranty the public improvements construc ted under the provisions of this Agreement against defective work or labor done or defective materials furnished and shall repair any defects or failures which may appear in said improvement s during said one year period, and further correct the causes of said defects or failures. Neither the written acknowledgment of acceptance hereinabove referred to nor any periodic or progress inspection or ap proval shall waive any claim of defect in the improvements or any breach of this Agreement. Acceptance of any part of any stage of any public improvement work shall not be fi nal until the written notice of final acceptance of all the public improvements shall have been delivered to the Subdivider as required herein.
(2) Private Improvements. For a period commencing on the City’s approval of the completion of the private st ormwater facilities required by the Tract 9599 Conditions of Approval through the la ter to occur of (a) one year from and after the date of said SPB/ChattletonPlaceTract9599 11/20/23 4
approval or (b) until the completion of a typical rainy season, defined as the mean seasonal rainfall of 22.6 inches per year or greater measured at the Richmond City Hall rain gauge (the “Tract 9599 Stormwater Warranty Period”), the Subdivider shall guarantee and warranty all private stormwater facilities required by the Tract 9599 Conditions of Approval against defective work or labor done or defective materials furnished and shall repair any defects or failures which may occur in said stormwater facilities during said Tract 9599 Stormwater Warranty Period, and further correct the causes of said defects of failures. Neither th e written acknowledgment of approval hereinabove referred to nor any periodic or progress inspection or approval shall waive any claim of defect in the improvements or any breach of this Agreemen t. Approval of any part of any stage of the private stormwater facilities work shall not be final until the written notice of final approval of all the private stormwater facilitie s required by the Tract 9599 Cond itions of Approval shall have been delivered to the Subdivider as required he rein. The private improvements shall not be approved as complete unless and until (1) a home owners’ association (“HOA”) has been formed that will own and maintain the improvements, (2) the Subdivider has entered into the Chattleton Place Tract 9599 O&M Agreement (defined in Section 8.b. below) with the City, and (3) Covenants, Conditions and Restri ctions (CC&R’s) that ensure the maintenance obligations set forth in the Tract 9599 Conditions of Approval have been approved by the City, and are recorded against Tract 9599.
c. From and after the final accepta nce/approval of the improvements shown on PLAN2012-0011, the City shall diligently proceed with the actions necessary to release the security set forth in Sections 5.a.(1) and 5.a.(2). Further, from and after Subdivider’s satisfaction of its warranty obligations with respect to the improvements shown on PLAN2012-0011, the City shall diligently proceed with the actions necessary to release the security set forth in Section
5.a.(3).
d. As to dedications to the City where the Subdivider is required to construct improvements, the parties agree that said dedications shall be effective upon the City’s acceptance of the completion of the applicable public improvements to the City’s satisfaction.
e. All inspection services rendered in connection with the work covered by this Agreement shall be paid for by the Subdivider.
4. Default of Subdivider.
If (a) the Subdivider refuses or fails to cause prosecution of the work, or any severable part thereof, with such diligence as will ensure its completion within the time specified, or any extensions thereof, or fails to cause completion of said work within such time; or (b) the Subdivider should be adjudged as bankrupt; or (c) the Subdivider should make a general assignment for the benefit of the Subdivider’s cred itors; or (d) a receiver should be appointed in the event of the Subdivider’s insolvency; or (e) the Subdivider or an y of the Subdivider’s contractors, subcontractors, agen ts or employees should violate any of the provisions of this Agreement; then the City may serve written notice on the Subdivider and the Subdivider’s surety of breach of this Agreement and of the default of the Subdivider; provided that, as to a failure under clause (a) or clause (e) of this paragraph, if the Subdivider cures said failure within thirty (30) days of receipt of said written notice or such shorter time as may be specified by the City in SPB/ChattletonPlaceTract9599 11/20/23 5
the event of emergency (or if said failure is not one which can be reasonably cured within thirty (30) days or such shorter time as may be specified by the City in the event of emergency, then if the Subdivider has diligently commenced to cure said failure within said thirty-day period or such shorter time as may be specified by the City in the event of emergency and thereafter diligently pursues said cure to completion) then the Subdi vider shall not be deemed in default under this Agreement.
In the event of any such notice of breach of this Agreement and the default of the Subdivider, the Subdivider’s surety shall have th e duty to take over and complete the work and improvements herein specified; provided, however, that if the surety, within thirty (30) days after the service upon it of such notice of breach and the expiration of any applicable cure period for the Subdivider under the immediately preceding paragraph, does not give the City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within five (5) days after notice to the City of such election, the City may elect to take over the work and prosecute the same to completion, by c ontract with a new contractor or by any other method City may deem advisable, for the accoun t and at the expense of the Subdivider and the Subdivider’s surety. In such event, the City may, without liability for so doing, take possession of and utilize in completing the work such materials, appliances, plant and other property belonging to the Subdivider as may be on site of the work and necessary therefor; and by execution of this Agreement, the Subdivider grants the City permis sion to enter onto the Site as may be necessary or convenient to construct such improvements. The Subdivider and the Subdivider’s surety, and any person, partnership, entity, corporation, or association claiming any interest in the real property hereinabove described and each of them, shall be liable to the City for any excess costs, claims, damages, liability or expenses of whatever nature or kind, direct or indirect, including interest at the maximum rate allowed by law from the date of notification of such cost and expense until paid, reasonable attorneys fees, or fees for processing reversion to acreage maps which are directly or indirectly caused by the enforcement of this Agreement. Such amounts and interest accrued thereon shall constitute a lien on the Site.
Should City proceed to have the work called for by this Agreement completed by entering into a contract with a new contractor, the City shall execute said contract for and on behalf of and as the agent of the Subdivider.
Reversion to Acreage: In addition to any other remedy that may be available to the City in equity or at law as a result of the Subdivider’s breach of this Agreement, the City may initiate and process a reversion to acreage of the property included within the subdivision pursuant to Section 66499.11 et al. of the California Government Code. In such event, the Subdivider shall be conclusively deemed to have consented to the reversion to acreage for purposes of Section 66499.16 thereof.
5. Bonds Required. For the purposes of the bonds specified in this Section 5, the term “public improvements” as used in the bonds shall include the work specified in PLAN2012- 0011. All bonds presented to the City shall be extended or renewed until the improvements required under this Agreement have been accepted or approved by the City. The Subdivider shall present to the City surety bonds of a form satisfactory to the City Attorney issued by a company authorized to issue surety bonds in the State of California as follows:
SPB/ChattletonPlaceTract9599 11/20/23 6
The following bonds shall be presented to the City:
a. Faithful Performance — Six Hundred Eighty Six Thousand Eight Hundred DOLLARS ($686,800.00) to secure faithful performance of this Agreement, with respect to the work specified in PLAN2012-0011, by the Subdivider.
b. Labor and Materials — Six Hundred Eight Six Thousand Eight Hundred DOLLARS ($686,800.00) to secure payment by the Subdivider of laborers and materialmen engaged pursuant to this Agreement, with respect to the work specified in PLAN2012-0011, and further to secure payment as required by the Unemployment Insurance Act.
c. Warranty — One Hundred Three Thousand DOLLARS ($103,000.00) to secure the warranty of the (i) public improvements specified in PLAN2012- 0011 accepted by the City for a period of one year following said acceptance and (ii) private stormwater fac ilities specified in PLAN2012-0011 during the Tract 9599 Stormwater Warranty Period against any defective work or labor done or defective materials furnished.
This Agreement is terminated upon the co mpletion and the City’s approval of all the work specified in this Agreement.
6. Indemnification and Hold Harmless. The City shall not be responsible for any of the work of said improvements or for th e performance or nonperformance of the work of construction of said impr ovements. The Subdivider hereby ag rees to, and shall indemnify, hold the City, its elective and appointive boards, commi ssions, officers, officials, employees, agents and volunteers harmless and defend the City, its elective and appointive boards, commissions, officers, officials, employees, agents and volunteers from and ag ainst any and all allegations, claims, damages, disabilities, or expenses, including attorneys’ fees, experts’ fees, and witness costs that may be asserted by any person or entity, including liability for damage or claims for damage for personal injury, or death, as well as from claims for real or personal property damage arising out of or in connection with the activities of the Subdivider in performing the construction of improvements required by this Agreement, whether or not there is concurrent passive negligence on the part of the City, its electiv e and appointive boards, commissions, officers, officials, employees, agents and volunteers. This indemnification clause shall also apply if the construction of improvements performed is done under a contract entered into by the City as agent of the Subdivider or from causes of action against the City arising from the negligent construction, performance, testing, planning, furnishment of designs for, observation or supervision of construction improvements required by this Agreement.
7. Insurance Required. Without limiting the Subdivider’s indemnification provided herein, the Subdivider shall proc ure and maintain for the duration of this Agreement insurance providing the following coverage in the following amounts from insurers acceptable to the City’s SPB/ChattletonPlaceTract9599 11/20/23 7
Risk Manager that are licensed by the State of California and possess a Best’s rating of at least A- VII:
a. Minimum Limits of Insurance
(1) General Liability: 2,000,000 single limit per occurrence and $4,000,000 general aggregate for bodily damage, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separa tely to the work under this Agreement or the general aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.
(3) Workers' Compensation and Employers’ Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident, $1,000,000 policy limit bodily injury by disease, and $1,000,000 each employee bodily injury by disease.
b. Deductibles and Self -Insured Retentions
Any deductibles or self-insured reten tions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Subdivider shall procure a bond guaranteeing payment of losse s and related investigations, claim administration and defense expenses.
c. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
(1) General Liability and Automobile Liability Coverages
(a) The City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Subdivider, products and co mpleted operations of the
Subdivider; premises owned, occupied or used by the
Subdivider, or automobile s owned, leased, hired or
borrowed by the Subdivider. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
SPB/ChattletonPlaceTract9599 11/20/23 8
(b) The Subdivider's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Subdivider's insurance and shall not contribute with it.
(c) Any failure to comply with reporting provisions of the policies shall not affect covera ge provided to the City, its officers, officials, employees or volunteers.
(d) The Subdivider's insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
(2) Workers' Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunt eers for losses arising from work performed by the Subdivider for the City.
(3) All Coverages
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt required, has been given to the City.
d. Verification of Coverage
The Subdivider shall furnish the City with certificates of insurance and with original endorsements effecting coverage requir ed by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Where by statute, the City's workers' compensation-related forms cannot be used, equivalent forms approved by the Insurance Commis sioner are to be substituted.
All certificates and endorsements are to be rece ived and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
e. Subcontractors
The Subdivider shall include all subc ontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
SPB/ChattletonPlaceTract9599 11/20/23 9
8. Construction and Maintenance of Stormwater Facilities.
a. Construction of Improvements; Issuan ce of Certificates of Occupancy for Residential Units. The Subdivide r acknowledges that the City shall not issue a Certificate of Occupancy for a residential unit within Tract 9599 until the stormwat er facilities associated with such unit are approved as substantially complete. Exhibit D attached hereto identifies the stormwater facilities applicable to each residential unit within the Subdivision.
b. Stormwater Operations and Maintena nce. The City and Subdivider shall enter into a Covenant Running with the Land, Stormwater Management Facilities Operations and Maintenance Agreement and Right of Entry in a form substantially similar to Exhibit C (“Tract 9599 O&M Agreement”) upon the final approval by the City of a Stormwater Control Operations and Maintenance Plan for Tract 9599. The Subdivide r hereby agrees to submit a final draft of a Stormwater Control Operations and Maintenance Plan for Tract 9599 to the City within 60 calendar days after final approval by the City of completion of the private stormwater facilities shown on PLAN2012-0011. The Tract 9599 O&M Agreement shall be recorded against Tract 9599.
Further, Subdivider shall cause the CC&R’s for Tract 9599 to (1) provide any easements necessary for the implementation of the Tract 9599 O&M Agreement and the Stormwater Control Operations and Maintenance Plan for Tract 9599, (2) contain the following language, or language substantially similar:
“CITY'S RIGHT TO ENTER AND MAINTAIN: The City
is hereby named as a third party benefi ciary pursuant to California Civil Code Section 1559 with the right, but not the obligation, to enforce the obligations contained in the Water Quality Facilities and Storm Water Plans. If the City elects to exercise its right to enforce the obligations contained in the Water Quality Facilities and Storm Water Plans, the City shall first provide the Association with a written notice which describes the work deemed necessary or appropriate by the City ("Notice"). The Association shall have seven (7) calendar days after receiving the Notice to respond to the City and the A ssociation shall cure the default within ten (10) calendar days after the Association responds to the Notice, or if the default is not susceptible to cure within ten (10) calendar days, then within such additional time as is agreed upon by the Association and the City, provided that the Association promptly commences and diligently proceeds with curing such default and such default is completely cured within the agreed upon extended time period.
If the Association fails to respond to the City's Notice or thereafter effect the required cure in a timely manner, the City shall be permitted to perform the corrective maintenance deemed necessary or appropriate by the City and, upon completion of the work, shall provide the Association with a bill for the costs incurred by the City, including copies of invoices and receipts generated by the work ("Bill") or follow the City’s enforcement process. The Bill shall be due and payable by the Association upon receipt. The Bill shall include, without limitation, City’s direct and indirect personnel costs, and any atto rney or consultant fees reasonably utilized by City to investigate enforce Association’s obligations. This SPB/ChattletonPlaceTract9599 11/20/23 10
right of enforcement is in addition to all other legal, administrative and equitable remedies available to the City, including but not limited to the right to refuse to issue building permits for any building or structure which is not in compliance with all applicable state and local laws, regulations and permits, and the right to institute nuisance abatement or administrative fine proceedings against any responsible party. All costs incurred by the City in connection with performing corrective maintenance as provided here in shall be paid for as common expenses out of the Association's Current Operation Account as provided in this Declaration, and if requested by the City to do so, the Association shall levy a Special Assessment against all Lots as an emergency asse ssment pursuant to Section 6.3 (Special Assessments).”
and (3) require the HOA to (A) accept the assignment and assume the rights and obligations of the Subdivider under the Tr act 9599 O&M Agreement and (B) implement the provisions of the Tract 9599 O&M Agreement a nd the Stormwater Control Operations and Maintenance Plan for Tract 9599.
9. Notices. All notices herein required shall be in writing, and delivered in person or sent by certified mail, return receipt requested, addressed as follows:
C I T Y
City of San Pablo
1000 Gateway Avenue
San Pablo, CA 94806
Attention: City Engineer
SUBDIVIDER
Chattleton Place Partners, LLC
_____________________________
_____________________________
Attention: ____________________
10. Actions to Enforce. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees which may be set by the Court in the same action, in addition to any other relief to which they may be entitled.
11. Agreement Binds Successors . This Agreement pertains to and runs with the land benefited by the privileges it grants and binds the successors in interest of the parties to this Agreement. This Agreement shall be recorded in the Official Records of Contra Costa County against the Site (the property described in Exhibit A).
12. Counterparts. This Agreement may be executed in counterparts, all of which together shall constitute and be construed as one and the same instrument.
SPB/ChattletonPlaceTract9599 11/20/23 11
IN WITNESS WHEREOF, the Subdivider and the City have caused this Agreement to be executed by their respective officers thereunto duly authorized, as of the dates set forth below.
DATED: , 2023 CHATTLETON PLACE PARTNERS, LLC,
a California limited liability company
B y
DATED: , 2023 CITY OF SAN PABLO,
a California municipal corporation
B y
R. Matt Rodriguez
City Manager
APPROVED AS TO FORM:
B y
City Attorney
ATTACH ACKNOWLEDGMENTS
SPB/ChattletonPlaceTract9599 Exhibit A 11/20/23
Exhibit A
Legal Description of Tract 9599
That certain real property located in the City of San Pablo, County of Contra Costa, State of California, more particularly described as follows:
Lot 4, Subdivision 9331, filed October 30, 2014, Book 521 of Maps, Page 41, Contra Costa County Records.
(APN: 417-310-004)
SPB/ChattletonPlaceTract9599 Exhibit B 11/20/23
Exhibit B
Tract 9599 Conditions of Approval
Resolution 2021-126 Page 1
RESOLUTION 2021-126
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO APPROVING MAJOR DESIGN REVIEW; CONDITIONAL USE PERMIT; VARIANCE TO ALLOW A REDUCED CREEK SETBACK; MAJOR EXCEPTIONS FROM THE MIXED USE
CENTER SOUTH REGULATING PLAN TO ALLOW A DETACHED SINGLE-FAMILY BUILDING STYLE AND REDUCED SETBACKS FROM THE WILDCAT CREEK TRAIL; AND A VESTING TENTATIVE MAP FOR A 20-LOT TOWNHOUSE STYLE SINGLE-
FAMILY RESIDENTIAL DEVELOPMENT (INCLUDING EIGHT ACCESSORY DWELLING UNITS) IN THE SP-2 MIXED USE CENTER SOUTH DISTRICT AT 2812 CHATTLETON LANE, SAN PABLO (APN 417-310-004)
General Conditions
1. The proposed use and project construc tion shall be conducted in substantial compliance with the planning submittal, including the site plans, floor plans, elevations, renderings, details/rendering, landscape plan, and park/tot lot plan that were submitted to Planning Staff on May 11, 2021, as revised on July 6, 2021, August 9, 2021, and September 8, 2021, which are on file with the Community Development Department, under PLAN 2012-0011.
2. Minor amendments to this approval and modifications to the design review may be approved by the Zoning Administrator, if the proposed changes generally comply with the overall intent of the permit and/or are in response to revisions required by other approving agencies.
3. The applicant shall obtain all necessary City of San Pablo Building and Public Works permits as well as any outside agency permits for water, waste, fire and any proposed work and shall submit payment of fees and agency permits and approval from relevant agencies for any proposed work.
4. The design review approval shall expire if building permits have not been issued within one year from the date of final approval. A time extension not exceeding one year beyond the initial one-year period may be granted by the Zoning Administrator.
5. If the use granted by this Conditional Use Permit is discontinued for a period of six consecutive months, the Use Permit shall automatically expire.
6. The applicant shall properly file the Vesting Tentative Map in accordance with Section 16.04 of the San Pablo Municipal Code. Vested rights shall remain in effect for an initial time period of one year from recordation of the final map. In accordance with Section 16.06.090.C.2, at any time prior to the expiration of the one-year time period for vesting rights, the subdivider may apply for a one-year extension in writing to the Planning Division.
Resolution 2021-126 Page 2
7. Prior to expiration of the Vesting Tentative Map, the subdivider shall submit a Final Map to the City Engineer and Planning Manager for review and shall enter into any necessary agreement for public improvements with the City prior to approval of the Final Map by the City Council, as set forth in Section 16.08.110 of the Municipal Code. Applicant shall also submit with the Final Map the access easement agreement with the City of San Pablo in a form acceptable to the City. The Final Map shall be approved and recorded prior to project completion.
8. All public and commons area improvements shown on the Vesting Tentative Map, including road and sidewalk construction and bioretention areas, shall be in place to the satisfaction of the City Engineer prior to any occupancy of the project.
9. The applicant shall obtain any permits and licenses needed for the proposed use.
10. All roof-mounted and other mechanical equipment, if any, shall be screened from view from adjacent public rights-of-way as well as from adjoining properties, subject to the review and approval during the Plan Check review process.
11. The site shall be kept clean of all debris (boxes, junk, garbage, etc.) at all times.
All scrap materials shall be stored in a container and shall be removed regularly.
12. All construction improvements shall be designed by the appropriately licensed design professional. The standards imposed by the City for the private improvements shall be considered as minimum requirements and the standards may be increased by the design professional where judgment and prudence dictate.
13. Applicant shall submit joint trench and/or utility undergrounding plans to City’s Public Works Engineering Division for review prior to the work. Plans shall be prepared and signed by the appropriate professional.
14. After construction is complete, Applicant shall provide City with bound copies of grading, improvement, joint trench and landscaping plans. Plans must be the final approved versions, with red lines denoting any as-built deviations from the plans.
Additionally, CADD files of said plans shall be provided to City.
15. Prior to construction, Applicant shall submit to City’s Public Works Engineering Division, product and material cut sheets for key components, including storm drain pipes, manholes, inlets, street lights and pull boxes, if applicable.
16. All abandoned pipes and other abandoned miscellaneous improvements shall be removed.
17. All equipment such as backflow prevention devices, meters and transformers shall be screened with landscaping or other means, and not visible from the public right of way.
18. In the event of the encounter of subsurface materials suspected to be an archaeological or paleontological nature, all grading or excavation shall cease in Resolution 2021-126 Page 3
the immediate area and the find left untouched. Applicant shall select and provide a qualified professional archaeologist certified by the Register of Professional Archaeologists or paleontologist with a degree in paleontology or geology, to evaluate. The recommendation of the qualified professional shall be implemented before work may proceed. The applicant shall be liable for all costs associated therewith.
19. The applicant shall obtain any necessary permits from the Contra Costa County Flood Control District for any work conducted in or near the District’s Wildcat Creek flood control easement area.
20. All applicable ordinances, regulations and requirements of Federal, State and local governments shall be met, including all the requirements of the City of San Pablo Municipal Code. All noise, building permit and grading permit requirements shall be met as applicable.
21. Failure to comply with any of the term s or conditions of this Use Permit is considered to be a violation of the City of San Pablo Municipal Code and is subject to the enforcement provisions prescribed by Chapter 17.10, Enforcement, and any and all other penalties and remedies that may be provided by law.
22. Any Use Permit granted in accordance with the terms of the City of San Pablo Municipal Code may be revoked if any of the conditions or terms of such permit are violated, the use is discontinued, or if any law or ordinance is violated in connection therewith.
23. The project shall comply with the provisions of the Disposition and Development Agreement (DDA) with the City of San Pablo, as amended by Resolution 2021- 102, including the requirement that one unit shall be deed restricted for sale to a lower-income household (i.e., at 80% Area Median Income) and that 65% of the homes developed on the site shall require the initial purchaser of a completed home, as a condition of the sale and purchase, to reside in and occupy the home for a period of one year from the date of sale; to adopt Covenants, Conditions, and Covenants (CC&Rs), which shall be submitted to the City for approval prior to the Final Map; to dedicate the proposed park/tot-lot as depicted in the approved plans to the City of San Pablo; and to adhere to the provisions of the access easement to the south to be limited to project ingress only.
24. The improvements associated with and the play equipment to be installed in the public park/tot-lot shall be of sufficient qu ality and durability for use by the public and the design and details shall be subject to the review and approval of the City Engineer.
25. Indemnification: Pursuant to Government Code Section 66474.9, the applicant (including any agent thereof) shall defend, indemnify, and hold harmless the City of San Pablo and its agents, officers, or employees from any claim to attack, set aside, void or annul, the City's approval concerning this planning application, which action is brought within the time period provided for in Section 66499.37. The City Resolution 2021-126 Page 4
will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense.
Building Division Conditions
26. Section 150.1(c)14 of the 2019 California Energy Codes states that all new low- rise residential buildings must have a photovoltaic (PV) system.
27. The proposed project is located in Flood Zone AE. Consequently, the proposed design shall comply with the requirements of the California Building Codes for structures located in the flood hazard area.
28. Noise and construction hours shall be observed as required by Chapter 17 of the San Pablo Municipal Code.
29. All construction documents shall be prepared in accordance with the applicable 2019 California Building Codes.
30. Special inspectors shall be registered with the city for the specific job to be undertaken.
31. Special inspection reports shall be required for all applicable items that are part of the design in accordance to Chapter 17 of the 2019 California Building Code.
32. Structural observations shall be required in accordance to the engineer’s design and applicable risk category
33. The applicant shall submit complete sets of electronic plans, including the following: Plot Plan; Foundation Plan; Floor Plan; Ceiling and roof framing plan; Electrical Plans including size of main switch, number and size of service entrance conductors, circuit schedule and demand load; Plumbing and sewer plan and isometric, including underground diagram, water piping diagram, sewer location, fixture units, gas piping and vents, and heating and air conditioning diagram; Landscape and Irrigation plans. Landscape plans shall be compliant with the San Pablo MWELO requirements and approved prior to the issuance of any Building Permits.
34. The applicant shall submit electronic sets of structural calculations, energy conservation calculations and soils reports. Architects/Engineers stamp and wet signature is required prior to submittal of plan check.
35. All contractors shall be licensed by the State of California and shall obtain City of San Pablo business licenses.
36. No work shall be performed until the required permits are obtained.
37. All fees shall be paid before the permit is issued
38. No structure shall be occupied until a Certificate of Occupancy issued by the Building Official has been granted.
Resolution 2021-126 Page 5
39. It is the responsibility of the person do ing the work to call for the required inspections.
40. Changes or deviation from the approved set of plans shall be resubmitted for plan check.
41. All work shall remain accessible until inspected and approved by the Building Official.
42. Best management practices shall be observed during construction to avoid pollutants to enter the storm drain system.
43. At the time of plan check, the applicant shall incorporate the required California Green Code Mandatory Measures such as E.V. Ready, clean air vehicle parking, bicycle parking, best management practices and storm water pollution prevention, light pollution reduction, energy efficiency, indoor and outdoor water usage efficiency, etc.
44. Cal Green mandatory measures shall be observed during construction, for example:
x water efficiency and conservation
x construction waste reduction, disposal and recycling x All other applicable codes for the efficient construction and operation of the new structure.
45. Deferred submittals shall be clearly identified on the building plans. This includes submittals such as; Photovoltaic fire sprinklers, fire alarms, trusses, etc.
46. All building permits shall expire by limitation 12 months after the issuance date.
One or more extensions may be granted by the building official. Extensions shall be requested in writing prior to the expiration of the building permit.
Fire Protection
47. The access road loop shall be installed prior to construction or storage of combustible material on site. The applicant shall call for required inspection prior to construction.
48. Access road(s) and hydrant(s) shall be installed, in service, and inspected prior to construction (CFC 501.4).
49. Paint red curbs and mark curbs with white lettering "NO PARKING-FIRE LANE' or provide "NO-PARKING-FIRE LANE" signs in accordance with CCCFPD FPS-020.
50. Submit two (2) copies of automatic fire sprinkler system plans and specifications, as prepared by a C-16 licensed fire sprinkler contractor, which conform to NFPA 13D-2016, for review and approval prior to installation per plan. (CFC 903.2).
Resolution 2021-126 Page 6
51. Access as shown appears to comply with Fire District requirements. Provide emergency apparatus access roadways with all-weather (paved) driving surfaces of not less than 20-feet unobstructed width, and not less than 13 feet 6 inches of vertical clearance, to within 150 feet of travel distance to all portions of the exterior walls of every building. Access shall have a minimum outside turning radius of 45 feet, and must be capable of supporting the imposed fire apparatus loading of 37 tons. (503) CFC.
52. Access roadways of less than 28-feet unobstructed width shall have signs posted or curbs painted red with the words NO PARKING - FIRE LANE clearly marked. (22500.1) CVC, (503.3) CFC.
53. Access roadways of 28 feet or greater, but less than 36-feet unobstructed width shall have NO PARKING - FIRE LANE signs posted, allowing for parking on one side only or curbs painted red with the words NO PARKING - FIRE LANE clearly marked. (22500.1) eve, (503.3) CFC.
54. The developer shall provide an adequate and reliable water supply for fire protection with a minimum fire flow of 500 GPM. Required flow must be delivered from not more than 1 hydrant flowing for a duration of 30 minutes while maintaining 20-pounds residual pressure in the main. (507.1), (B105) CFC.
55. Provide emergency escape and rescue openings in Group R occupancies of type V construction. Basements and sleeping rooms below the fourth story above grade plane shall have at least one exterior emergency escape and rescue opening.
Such openings shall open directly into a public way or to a yard or court that opens to a public way. Landscaping, signage and other obstructions must not hinder the positioning of firefighting ground ladders from apparatus access to the rescue windows.
56. A land development permit is required for access and water supply review and approval. The developer shall submit a minimum of two (2) copies of full size, scaled site improvement plans indicating: All existing or proposed hydrant locations; fire apparatus access; elevations of buildings; size of building and type of construction; and striping and signage plan to include "NO PARKING-FIRE LANE" markings. Provide drawings for paths from the public way to under emergency escape and rescue openings showing a proposed clear path and clear space under these openings that allow for the placement of ground ladders at a climbing angle of 70 to 75 degrees and a minimum of 18" clearance from the base of the ladder to any obstruction (see attached ground ladder access standard) for review and approval prior to obtaining a building permit. Overlay the landscape plan with the ground ladder plan to confirm vegetation does not hinder operations.
This is a separate submittal from the building construction plans. These plans shall be approved prior to submitting building plans for review. (501.3) CFC.
57. Emergency apparatus access roadway shall be installed, in service, and inspected Resolution 2021-126 Page 7
by the Fire District prior to construction or combustible storage on site. (501.4) CFC. Note: temporary aggregate base or asphalt grindings roadway is not considered an all-weather surface for emergency apparatus access. The first lift of asphalt concrete paving shall be install ed as the minimum roadway material and must be engineered to support the designated gross vehicle weight of 37 tons.
58. The homes as proposed shall be protected with an approved automatic fire sprinkler system complying with the 2016 edition of NFPA 13D or Section R313.3 of the 2019 California Residential Code. Submit a minimum of two (2) sets of plans to this office for review and approval prior to installation. (903.2) CFC, (R313.3) CRC, Contra Costa County Ordinance 2019-37.
59. The developer shall provide traffic signal pre-emption systems (Opticom) on any new or modified traffic signals installed with this development. (21351) CVC.
60. Flammable or combustible liquid storage tanks shall not be located on the site without obtaining approval and necessary permits from the Fire District. (3401.4) CFC.
61. The owner shall cut down and remove all weeds, grass, vines, or other growth that is capable of being ignited and endangering property. (304.1.2) CFC.
62. The homeowner shall maintain an effective firebreak by removing and clearing away flammable vegetation and combustible growth from areas within 30 feet of buildings or structures. (1276.01) P.R.C.
63. Development on any parcel in this subdivision shall be subject to review and approval by the Fire District to ensure compliance with minimum requirements related to fire and life safety. Submit three (3) sets of plans to the Fire District prior to obtaining a building permit. (501.3) CFC.
64. The owner or the owner's authorized agent shall be responsible for the development, implementation and maintenance of a written plan establishing a fire prevention program at the project site applicable throughout all phases of the construction. The plan shall be made available for review by the fire code official upon request. (Ch.33) CFC.
65. The fire prevention program superintendent shall develop and maintain an approved pre-fire plan in cooperation with the fire chief. The fire chief and fire code official shall be notified of changes affecting the utilization of information contained in such pre-fire plans. (Ch.33) CFC
Garbage and Recycling Area
66. The project shall comply with the requirements of the Republic Services, and shall place containers within the areas set forth on the plan provided by Republic Services to the Developer on February 26, 2021.
Resolution 2021-126 Page 8
67. The project must provide equal space for recyclables as for garbage containers which are adequate, accessible and convenient areas for collecting and loading of both recyclable and garbage materials. Driveways and/or travel aisles shall, at a minimum, conform to local building-code requirements for garbage collection access and clearance. The driveways and/or travel aisles must provide unobstructed access for collection vehicles and personnel. Areas for collecting and loading recyclable materials must be adjacent to the solid waste collection areas.
The builder should make their "best effort" to use recycled materials wherever possible.
Drainage
68. The applicant shall be required to comply with all rules, regulations and procedures of the National Pollutant Discharge Elimination System (NPDES) permit for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board or any of its Regional Water Quality Control Boards (San Francisco Bay-Regional II). If applicable, the project shall comply with requirements of the NPDES Municipal Regional Permit Section C.3, and the Contra Costa Clean Water Program Stormwater C.3 Guidebook, current versions.
69. A Stormwater Control Plan and Operations & Maintenance Agreement shall be required for the parcel; the Agreement must be recorded prior to a certificate of occupancy.
70. A hydrology or hydraulics report to show whether the existing and proposed storm drain system can accommodate runoff from the subject site after the improvement.
This report typically includes drainage design, system capacity, and other relevant information related to hydrology or hydraulic study. Per San Pablo Plaza Specific Plan, the hydrology report shall include a capacity analysis of the storm drain system on Chattleton accounting for future development (Block E and future PD building). This report shall be furnished by a licensed civil engineer.
71. The applicant shall submit grading, drainage improvement plans, sediment and erosion control plans and the engineer's estimate to the Public Works Engineering Division for approval. All of these plans shall be prepared by a California-registered Civil Engineer and approved by the City prior to submission for a building permit.
72. All improvement plans, landscaping plans and joint trench and/or utility undergrounding plans shall include a separate section with a copy of the City Standard Notes, without alteration of the numbers or content, as presented in the Appendix, and a full-size plan sheet with the “Pollution Prevention” plan sheet developed by the NPDES/Clean Water program (electronic copies are available from the City).
73. On-site storm drains shall be owned, operated and maintained by the property owner or the Home Owners Association as set forth in the CC&R’s for the Home Owners Association, which shall be submitted and approved by the City prior to submission of a Final Map.
Resolution 2021-126 Page 9
74. The applicant shall agree to provide repairs, upgrades or connection to public storm drain facilities which will be necessary to accommodate the proposed storm water generated by the project as required by the City Engineer.
Signs
75. No illegal signs, pennants, banners, balloons, flags, or streamers are to be used on this site at any time.
76. Prior to the installation of any signs, the applicant shall obtain design review approval from the Planning Division and building permits from the Building Division. The design, color and location of any project sign at the entrance to the property shall be reviewed and approved by the Community Development Department.
Lighting
77. A lighting site plan and contour plan shall be submitted for approval of the Zoning Administrator consistent with required standards. All lighting on the property shall be oriented or screened so as to prevent glare and direct light from reaching adjacent properties.
Utilities
78. Water, gas, electrical, telephone, and sanitary sewer utilities shall be constructed to the minimum standards of the respective utility companies. However, the trench details, pipe slope and other details shown the City’s Standard Details shall also be met as minimum requirements. All requirements of the applicable utility companies and departments and the fire department shall be met, including fees and administrative requirements.
79. All proposed overhead wires shall be undergrounded.
80. Contractor shall call 811 before construction for the location of any underground services.
Sanitary Sewer
81. A plot plan showing the locations of sewer laterals and connections shall be submitted and be reviewed and approved by West County Wastewater District (WCWD), along with a related fee estimate.
82. A will-serve letter from the WCWD shall be submitted prior to submission for a building permit.
83. The project shall comply with the conditions of WCWD.
84. Improvement plans shall require WCWD approval.
Resolution 2021-126 Page 10
85. WCWD approval is required prior to finalizing permit or prior to granting certificate of occupancy.
Water
86. The Tentative Map for the project shall be approved and signed by the Fire Marshal prior to the East Bay Municipal Utility District (EBMUD proceeding with design work to provide water main extension to serve the project
87. A will-serve letter from EBMUD shall be submitted prior to submission for a building permit.
88. Water conservation measures for both internal and external use must be incorporated into the design and construction of the proposed project. EBMUD encourages the use of equipment, devices, and methodology that furthers water conservation and provides for long-term efficient water use. EBMUD recommends the use of drought resistant plantings, use of inert materials, and minimum use of turf areas.
89. All private lot landscaping shall consist of non-invasive, drought-tolerant, low-water use plant species.
Environmental Hazards
90. If applicable, any existing or abandoned monitoring wells shall be destroyed pursuant to Contra Costa Environmental Health requirements. Appropriate permits and inspections for this work shall be obtained.
91. If applicable, prior to commencement of site grading or the issuance of a building permit, the applicant shall have the site inspected by a competent hazardous waste materials expert who shall submit a report for the City's review attesting to the removal of any hazardous waste materials on site.
92. The project shall comply with the requirements of the Health Services Department, Environmental Health Division.
Geotechnical
93. The project shall follow all conditions set forth in the submitted Geological Reports, prepared by Wayne Ting and Associates, Inc., including those pertaining to site preparation and grading, foundation, concrete slabs on grade, post-tensioned slab foundation, trench backfill, driveway, and general construction requirements
94. The applicable geotechnical report for the project shall be noted on improvement plans. For various buildings that are within the creek setback zone shown in the preliminary site plan, the geotechnical report shall confirm that the creek bank is stable and will support the said buildings. The geotechnical report shall be signed off by a licensed engineer.
Resolution 2021-126 Page 11
95. The applicant shall commission a licensed engineer to inspect all grading operations and submit a report to the City, if applicable.
96. High levels of ground shaking may occur during future large magnitude Bay Area earthquakes, particularly on the Hayward fault. All structures and other improvements on the property will be subjected to this shaking and could be seriously damaged if not properly designed. This potential impact could be reduced to a level of less than significant through ensuring that the structural design of all buildings is performed by knowledgeabl e structural engineers familiar with conservative seismic design principles. Other on-site improvements should also incorporate conservative elements of good design practice to minimize damage.
97. Prior to issuance of building permits, applicant shall submit an as-graded report of the engineering geologist or the geotechnical engineer to Community Development Department with an as-graded map showing final plan and grades if required by the City Engineer. The applicant shall submit grading plans for review and approval of the Community Development Department and City Engineer prior to issuance of grading permits.
Landscaping
98. The property manager of the Homeowner’s Association for the development shall be responsible for maintaining site landscaping. Landscaping shall be maintained to professional standards on a regular basis.
99. At the back of sidewalks, where the slope of the planting bed may allow soil, mulch or other materials to migrate onto the walkway, appropriate durable bender boards shall be placed or concrete curbs shall be used.
100. Landscaping and irrigation shall be part of the final design drawings (improvement plans).
101. Plants and vegetation that are drought tolerant with a minimal use of pesticide and fertilizer (Bay friendly) are required. See C.3 Guidebook Section B-1-1 for a list of approved plants. List all trees that w ill be cut or remove and check for any disturbances of natural habitat (nests, etc.) before the removal of any trees or vegetation.
102. An on-site inspection shall be made by the Community Development Department (or Public Works Department) to determine compliance with the approved landscape plan.
103. The Homeowners’ Association will be responsible for sidewalk and landscaping strip maintenance and the CC&R’s shall include this requirement. Root barriers needed to be installed in the landscaping area per City Standards.
Streets & Sidewalks
Resolution 2021-126 Page 12
104. All private curb ramps and sidewalks within the property shall meet current ADA and Title 12 requirements and guidelines. Existing public curb ramps along the property frontage which do not meet current ADA and Title 12 requirements shall be upgraded, and tripping hazards in public sidewalks shall be corrected by replacing the offending sections. City inspector may require additional work in the Public Right of Way as needed by public safety and interest. 105. The applicant shall provide for public street improvements as necessitated by the project, including but not limited to median modifications, striping and other pavement markings, curb ramps, sidewalk repairs, monuments, fire hydrants, electroliers/lighting facilities, along the frontage and adjacent properties, if applicable.
106. The applicant shall insure that improvements near intersections do not obstruct the sight distance to oncoming traffic.
TDM & Growth Management
107. The developer shall comply with applicable provisions of Measure J, including any regional traffic improvements that may be required by the Contra Costa County Transportation Authority (Congestion Management Agency) for projects generating more than 100 peak hour trips, if applicable.
Waste Minimization/Energy Conservation
108. Incorporate design features wherever feasible to protect solar access. Inclusion of these measures would not be part of Title 24 compliance, but rather an additional conservation measure.
109. All outdoor lighting shall be LED.
Construction
110. Construction activity shall be limited between the hours of 7:00 am and 6:00 pm Monday through Friday and from 9:00 am to 5:00 pm on Saturday. Construction is not permitted on Sundays.
111. At least 50% of construction waste must be recycled. 112. The project shall be subject to performance bonds and labor and material bonds for any public improvements. A 100% performance bond and a 100% labor and materials bond shall be required. All bonds and insurance policies shall be approved by the City Attorney. Bonded work shall include the grading work.
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113. Erosion control plans for grading shall be subject to City review. 114. At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site notice that construction work will commence. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included.
The list shall be kept current at all times and shall consist of persons with authority to indicate and implement corrective actions in their area of responsibility. The names of individuals responsible for noise and litter control, tree protection, construction traffic and vehicles, erosion control, and the 24-hour emergency number, shall be expressly identified in the notice. The notice shall be re-issued with each phase of major grading and construction activity. 115. A copy of the notice shall be concurrently transmitted to the Community Development Department and City Engineer. The notice shall be accompanied by a list of the names and addresses of the property owners noticed, and a map identifying the area noticed.
116. A staging plan for construction must be submitted to the Community Development Department during Plan Check. The plan must include a described narrative on how and where construction staging will occur.
117. A dust and litter control program shall be submitted for the review and approval of the City. Any violation of the approved program or applicable ordinances shall require an immediate work stoppage. Construction work shall not be allowed to resume until, if necessary, an appropriate construction bond has been posted. 118. The applicant shall make a good-faith effort to avoid interference with existing neighborhood traffic flows. Prior to issuance of building permits, the proposed roads serving this development shall be constructed to provide access as required by the City Engineer.
119. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. 120. Separate permits will be required from Public Works for the following work:
grading, joint trench and site improvements.
121. Truck routes for hauling materials shall be submitted for City approval.
SPB/ChattletonPlaceTract9599 Exhibit C 11/20/23
Exhibit C
Form of Tract 9599 O&M Agreement
[Deferred prior to issuance of Temporary Certificate of Occupancy]
An Agreement for a Homeowners Association to Operate and Maintain a Stormwater Management Facility
Instruction Sheet for this Agreement
This agreement is designed to be used when development is occurring on property that will be subdivided as part of the project, and stormwater management facilities are required to be constructed on a separate parcel which will be owned by a homeowners' association.
1. Fill in the name of your jurisdiction in the appropriate blanks on the cover page, in the opening paragraph of the agreement, in the definition of NPDES Permit, in Section 1, and on the signature page.
Fill in the appropriate citation to your jurisdictions stormwater ordinance in the definition of Ordinance.
2. Fill in the name of the property owner in the blank on the cover page, in the opening paragraph of the agreement, in the definition of Property Owner (twice) and on the signature page. Get the name from a title report. If the owner is a corporation, two signatures of corporate officers are required. An incorrect name may result in the Agreement not being indexed properly by the County Recorder. Also insert the name of the project and the assessor's parcel number on the cover page.
3. Insert the numbers of the lots in the subdi vision in the definition of Association and the definition of Lots. If the stormwater management facility is located on a parcel designed something other than Parcel A, change the designation in these definitions, and in Sections 1, 3 and 4.
4. Enter the recording information from the fi nal subdivision map in the definition of Map.
5. Insert the name of the preparer of the Stor mwater Operations and Maintenance Plan in the definition of Plan.
6. Insert the name of the adjoining public stre et in Recital B and Section 6. This is very important because for this Agreement to be binding on successors to the present owner, the law requires that the property "benefited" by the Agreement be specified in the Agreement.
7. Insert the month of the year you want the annual inspection to occur in Section 2.
8. Add the legal description of the property to Exhi bit A. This should be all the real property in the subdivision, e.g., : "All that real property shown on the final map of Subdivision _____ filed of record on _______, 20__ in Book ____ of Maps at pages __ through __, inclusive in the Official Records of the Contra Costa County Recorder" (with the blanks filled in as they are in the definitions).
Again this is very important. For the Agreement to be binding on successors who buy the Lots and the homeowners' association, the new owners must have the constructive notice of the Agreement that is provided by proper recording of the Agreement. Proof-read your legal description. It is this legal description that gives notice to successors, not the assessor's parcel number you inserted on the cover page.
9. Check that the issues described in " CC&R Provisions which Require a Homeowners Association to Operate and Maintain a Stormwater Management Facility" are addressed in the property owner's proposed CC&Rs.
1 11/7/2007
Recording Requested By:
CITY OF SAN PABLO
Return to: CITY OF SAN PABLO
City Clerk
1000 Gateway Avenue
San Pablo, CA 94806
______________________________________________________________________________
Document Title
CITY OF SAN PABLO
COVENANT RUNNING WITH THE LAND,
STORMWATER MANAGEMENT FACILITY OPERATIONS
AND MAINTENANCE AGREEMENT, AND RIGHT OF ENTRY
(Subdivisions with Homeowners' Association)
PROJECT: ___________________
OWNERS NAMES: ___________
ASSESSOR'S PARCEL NUMBER: ________
2 COVENANT RUNNING WITH THE LAND,
STORMWATER MANAGEMENT FACILITIES
OPERATION AND MAINTENANCE AGREEMENT,
AND RIGHT OF ENTRY
This Covenant Running with the Land, Stormwater Management Facilities Operation and Maintenance Agreement and Right of Entry ("Agreement") is made and entered into this ____________ day of ________________, 20___, by and between ________________________________________, (hereinafter referred to as "Property Owner") and The City of San Pablo, a municipal corporation ("City").
The following terms used in this Agreement shall have the meanings specified below:
DEFINITIONS
Association: The term "Association" shall mean the association as the term is defined in Civil Code section 1351(a), created by the Property Owner to govern Lots _ through _, inclusive, and Parcel A as shown on the Map of Subdivision ____.
Lot: The term "Lot" shall mean Lots __ through __, inclusive, and Parcel A as shown on the Map of the Property.
Map: The term "Map" shall mean the final map of Subdivision _____ filed of record on _______, 20__ in Book ____ of Maps at pages __ through __, inclusive in the Official Records of the Contra Costa County Recorder.
Maintain: The term "Maintain" or "Maintained" shall mean taking all actions reasonably necessary to keep the Stormwater Facility in first class operation, condition and repair, which actions include but are not limited to regular inspections, painting, cleaning, maintenance, refinishing, repairing, replacing and reconstructing the Stormwater Facility, and in the case of landscaping, plant replacement, mulch replacement, irrigating, trimming mowing, and fertilizing the landscaping. The term shall also include the routine maintenance, and the annual inspection and reporting described in the Stormwater Control Operation and Maintenance Plan, and the payment of any applicable City fees.
NPDES Permit: The term "NPDES Permit" shall mean the San Francisco Bay Regional Water Quality Control Board's National Pollutant Discharge Elimination System (NPDES) Permit No. CAS0029912 (issued to the City of San Pablo) as amended, and as may be superseded by subsequent NPDES permits that are reissued from time to time.
Ordinance: The term "Ordinance" shall mean Chapter __ of Title __ of the San Pablo Municipal Code (Stormwater Management and Discharge Control), as may be amended from time to time.
Property Owner: The term "Property Owner" and "Property Owners" shall mean ___________ and all heirs, successors, executors, administrators and assigns of __________ in the real property shown on the Map, it being the intent of the parties hereto that the obligations undertaken in this Agreement, as
3 provided in Civil Code section 1468, run with the real property shown on the Map and constitute a lien against the real property.
Property: The term "Property" shall mean that real property shown on the Map.
Plan: The term "Plan" or "Operation and Maintenance Plan" means the City-approved Stormwater Control Operation and Maintenance Plan prepared by _____________________________ and approved by the City Engineer in writing, which may be subsequently modified from time to time with City Engineer's written approval.
Stormwater Facility: The term "Stormwater Facility" means the permanent stormwater management facilities located and constructed on Parcel A of the Property. All of Parcel A is part of the Stormwater Facility.
Transfer Date: The term "Transfer Date" shall mean the date of the conveyance by the Property Owner to the Association of fee title to Parcel A, as shown on the Map of subdivision ____.
RECITALS
This Agreement is made and entered into with reference to the following facts:
A. The Property Owner is the owner of the real property shown on the Map and more particularly described on the attached Exhibit A.
B. The City is the owner of ____________ Street and its storm drains that are adjacent to the Property, and the City is required to ensure that stormwater run-off from the Property into its storm drains meets the requirements of its NPDES Permit.
C. To meet its obligations under its NPDES Permit the City has required the Property Owner to construct the Stormwater Facility on Parcel A of the Property.
D. To meet its obligations under its NPDES Permit the City has approved the Property Owner's Operation and Maintenance Plan for the Stormwater Facility.
E. To meet its obligations under its NPDES Permit the City's Ordinance requires proper operation and maintenance in perpetuity of the Stormwater Facility constructed on the Property.
F. The Plan includes an annual inspection and reporting requirement for the Stormwater Facility constructed on the Property.
G. This Agreement memorializes the Property Owners' maintenance, operations, and inspection obligations under the City’s Ordinance, the City's NPDES Permit and the Plan.
4 AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:
SECTION 1
Responsibility for Operation and Maintenance: No portion of the Stormwater Facility (Parcel A) may be altered, in any way, by the Property Owner without the prior written consent of the City Engineer of the City of San Pablo. The Property Owner shall Maintain the Stormwater Facility (Parcel A) in first class operating condition, and in compliance with all applicable state, county and city laws and regulations. Applicable regulations include, but are not limited to, the City-approved Stormwater Control Operation and Maintenance Plan, and the provisions of the Ordinance, as they may be amended from time to time.
The Property Owner shall engage a landscape contractor or other licensed contractor to Maintain the Stormwater Facility. The City Engineer, in her or his sole absolute discretion, may approve an alternate method for the maintenance of the Stormwater Facility. The City Engineer, also in her or his sole absolute discretion, may revoke the approval of a previously approved alternate method for the maintenance of the Stormwater Facility.
SECTION 2
Inspection by Property Owner: The Property Owner shall cause its contractor to conduct annual inspections during the month of ________ of each year. The annual inspection report shall include completion of the checklist described in the approved Operation and Maintenance Plan. The Property Owner or its contractor must submit the inspection report to the City Engineer within 30 days after the annual inspection. A Management and/or Inspection fee established in the City's standard fee schedule shall accompany the annual inspection report.
SECTION 3
Right of Entry and Stormwater Facility Inspection by the City: The Property Owner hereby grant permission to the City, its authorized agents and employees, and the Central Contra Costa Sanitary District, the Contra Costa County Fire Protection District, County Environmental Health Department, the Contra Costa Mosquito and Vector Control District, and the Regional Water Quality Control Board to enter Parcel A, and to inspect the Stormwater Facility whenever any of the forgoing entities deems necessary to enforce provisions of the City's Ordinance. These entities may enter the premises at any reasonable time to inspect the Stormwater Facility's maintenance and operation, to inspect and copy records related to compliance with stormwater regulations, and to collect samples and take measurements. Whenever possible, these entities will provide notice prior to entry.
5 SECTION 4
Failure to Perform Required Stormwater Facility Repairs or Maintenance by the Property Owner: If the Property Owner or its successors fail to Maintain the Stormwater Facility in good working order and in accordance with the approved Plan and the City’s Ordinance, the City, with prior notice, may enter Parcel A to return the Stormwater Facility to good working order. The City is under no obligation to Maintain or repair the Stormwater Facility, and this Agreement may not be construed to impose any such obligation on the City. If the City, under this section takes any action to return the Stormwater Facility to good working order, the Property Owner shall reimburse the City for all the costs incurred by the City, including administrative costs. The City will provide the Property Owner with an itemized invoice of the City’s costs and the Property Owners will have 30 days to pay the invoice. If the Property Owner fails to pay the invoice within 30 days, the City may secure a lien against the real property of the Property Owner in the amount of such costs. In addition the City may make the cost of abatement of the nuisance caused by the failure to maintain the Stormwater Facility a special assessment against the Property that may be collected at the same time and in the same manner as ordinary municipal taxes are collected as provided in Government Code section 38773.5. This Section 4 does not prohibit the City from pursuing other legal recourse against the Property Owner.
SECTION 5
Indemnity: The Property Owner agrees to defend, indemnify and holds harmless the City, its officials, employees and its authorized agents from any and all damages, accidents, casualties, occurrences, claims, penalties or fines which might arise or be asserted against the City and which are in any way connected with the construction, operation, presence, existence or maintenance of the Stormwater Facility by the Property Owner, or from any personal injury or property damage that may result from the City or other public entities entering the Property under Section 3 or 4.
SECTION 6
Obligations of Declarant: The Declarant, as the term is defined in Civil Code section 1351(g), shall complete the initial installation of the Stormwater Facility. The obligations and liabilities of the Declarant, as set forth in Sections 1 through 5 shall be the obligation of the Association and the heirs, successors, executors, administrators and assigns of the Declarant in the Property from and after the Transfer Date and except for obligations and liabilities which arise before the Transfer Date, Declarant shall be relieved of all of all such obligations and liabilities as of the Transfer Date.
SECTION 7
Successors and Assigns: The covenants of the Property Owner set forth in numbered Sections 1 through 6 above shall run with the land, and the burdens thereof shall be binding upon each and every part of the Property and upon the Property Owner, its successors and assigns in ownership (or any interest therein), for the benefit of _____________ Street and its storm drains and each and every part thereof and said covenants shall inure to the benefit of and be enforceable by the City, its successors and assigns in ownership of each and every part of the Street and storm drains.
6 SECTION 8
Severability: Invalidation of any one of the provisions of this Agreement shall in no way effect any other provisions and all other provisions shall remain in full force and effect.
Recommended for approval: City of San Pablo:
____________________________________ ______________________________ Allan Panganiban, City Engineer Matt Rodriguez, City Manager
Reviewed by: Attest:
____________________________________ ______________________________ Teresa Stricker, City Attorney Dorothy Gantt, City Clerk
Property Owners:
____________________________________
INSERT NAME, Owner
_____________________________________
INSERT NAME, Owner
Attachments: Acknowledgements
Exhibit A
7 ALL PURPOSE ACKNOWLEDGMENT
State of California )
) s.s.
County of _____________ )
On _________________________, before me,
_________________________________, personally appeared
__________________________________________________________________, ______ personally known to me;
______ or proved to me on the basis of satisfactory ev idence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal. (SEAL)
______________________________
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER:
Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document.
______ Individual(s)
______ Corporate Officer(s) Titles _____________ and ____________ ______ Partner(s) _____ Limited _____ General ______ Attorney-in-Fact
______ Trustee(s)
______ Guardian/Conservator
______ Other : ____________________________________________________
Signer is representing: ________________________________________________
ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document.
Title or type of document _____________________________________________ Number of pages: __________ Date of document: _________________________ Signer(s) other than named above: _____________________________________
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE
8 EXHIBIT A
Legal description
SPB/ChattletonPlaceTract9599 Exhibit D 11/20/23
Exhibit D
Stormwater Control Plan for Tract 9599 Chattleton Place
REVISIONS
CLASS 2 PERMEABLE
MATERIAL PER
CALTRANS SPEC.
68-1.025.
ENGINEERED PERMEABLE SOIL*
VARIES, PER PLANS (5' MIN.)
*
NATIVE SOIL, NO
COMPACTION
6" PERFORATED OR SLOTTED SUBDRAIN @
S=0.5% Min., KEEP PERFORATION DOWN AND
PROVIDE CLEANOUTS (AT FINISH GRADE)
LOCATED AT BEGINNING OF LINE AND AS
REQUIRED BY INDUSTRY STANDARDS
OVERFLOW DRAIN
INLET, SEE PLAN
FOR LOCATION
18" MIN. DEPTH
RETAINING WALL
DESIGN
BY OTHERS
IMPERMEABLE
MEMBRANE,
TYP.
RETAINING WALL
DESIGN
BY OTHERS
CLASS 2 PERMEABLE
MATERIAL PER
CALTRANS SPEC.
68-1.025.
ENGINEERED PERMEABLE SOIL*
VARIES, PER PLANS (5' MIN.)
*
NATIVE SOIL, NO
COMPACTION
6" PERFORATED OR SLOTTED SUBDRAIN @
S=0.5% Min., KEEP PERFORATION DOWN AND
PROVIDE CLEANOUTS (AT FINISH GRADE)
LOCATED AT BEGINNING OF LINE AND AS
REQUIRED BY INDUSTRY STANDARDS
OVERFLOW DRAIN
INLET, SEE PLAN
FOR LOCATION
18" MIN. DEPTH
RETAINING WALL
DESIGN
BY OTHERS
IMPERMEABLE
MEMBRANE,
TYP.
RETAINING WALL
DESIGN
BY OTHERS
IMPERVIOUS PAVING ROADWAYS
C.3 FLOW CONTROL FACILITY
DMA
INTEGRATED MANAGEMENT
DRAINAGE MANAGEMENT AREA
PRACTICE "C.3 FACILITY"
IMP
LANDSCAPE AREAL.S.
"BIORETENTION PLANTER"
PAV. IMPERVIOUS PAVING
IMPERVIOUS BUILDINGS, DRIVEWAYS, & WALKWAYS
CLASS 2 PERMEABLE
MATERIAL PER
CALTRANS SPEC.
68-1.025.
ENGINEERED PERMEABLE SOIL*
VARIES, PER PLANS (5' MIN.)
*
NATIVE SOIL, NO
COMPACTION
6" PERFORATED OR SLOTTED SUBDRAIN @
S=0.5% Min., KEEP PERFORATION DOWN AND
PROVIDE CLEANOUTS (AT FINISH GRADE)
LOCATED AT BEGINNING OF LINE AND AS
REQUIRED BY INDUSTRY STANDARDS
OVERFLOW DRAIN
INLET, SEE PLAN
FOR LOCATION
18" MIN. DEPTH
RETAINING WALL
DESIGN
BY OTHERS
IMPERMEABLE
MEMBRANE,
TYP.
RETAINING WALL
DESIGN
BY OTHERS
6"
12"
6"
12"
6"
12"