Chino Municipal Code Ch. 15.40 New Home Construction

For the purposes of this chapter the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.

A. "Building official" refers to the building official of development services or his/her designee. As such, the building official shall have authority to adopt rules and regulations to clarify and interpret the provisions of this chapter. He may also approve the variations when such variations are not detrimental to the life, health, safety or welfare of the public and are necessary because of particular or peculiar circumstances, and do not violate the intent or purpose of this chapter.

B. "Developer" means any natural person, corporation, partnership, association or other entity seeking to construct new residential dwellings for sale or reconstructing existing residential dwellings for sale.

C. "Residential dwelling" means a building or portion thereof designed and constructed exclusively for residential occupancy, including one-family, two-family or multiple dwellings, excepting motels, hotels and rental dwelling units not for resale.

(Ord. No. 2025-007, § 2, 2025.)

A. A developer of any residential dwelling shall provide the following information to every potential buyer:

1. The list of features and amenities;

2. The brand names of each of the major components contained in the features and amenities list which were installed in the residential dwelling sought to be sold to the potential buyer;

3. The manufacturer's warranties for each component contained in the features and amenities list;

4. Any and all representations regarding the quality of construction of the residential dwelling including the warranty that the dwelling is constructed in a good, workmanlike manner;

5. Any and all discrepancies between the residential dwelling unit sought to be sold to the potential buyer and the developer's model dwelling displayed by the developer;

6. The buyer's right to inspect and approve the functionality of each major component contained in the features and amenities list and the quality of construction of the residential dwelling and to require the developer to remedy any substantial defects therein pursuant to Section 15.40.060 of this chapter;

7. The distance between the residential dwelling unit sought to be sold from any property which is being used or zoned for an agricultural use and a disclaimer regarding the length of time that the agricultural use or zone shall continue. The disclaimer shall read as follows:

"NOTICE REGARDING AGRICULTURAL USES

Please be advised that many properties within the city of Chino are presently being used for agricultural purposes or are zoned for agricultural purposes. The distance between this residential dwelling and the nearest property currently being used for agricultural purposes is _______. The distance between this residential dwelling and the nearest property zoned for agricultural purposes is _______.

In addition, you are hereby advised that the seller of this residential unit cannot represent the period of time that nearby properties used or zoned for agricultural purposes will continue to be so used or zoned. Because the nearby properties used or zoned for agricultural purposes involve complex and legal factual questions, no representation can be made, nor should be made, regarding the length of time that these nearby properties will continue to be used or zoned for agricultural purposes."

8. The current zoning of all surrounding properties within six hundred sixty feet of the residential dwelling offered for sale by the developer; provided, that such notice has been approved by the Director of Development Services;

9. The name, address and phone number of the developer's representative authorized to effectuate and coordinate compliance with the provisions of this chapter; and

10. The schedule and procedure by which the developer intends to comply with the provisions of this chapter.

B. Concurrent with the execution of any documents for the sale and purchase of a residential dwelling, the developer shall again provide the information contained in subsection A of this section and obtain the buyer's acknowledgment of receipt thereof. Furthermore, the developer, as a condition for the issuance of occupancy, shall make available upon request, the buyer's acknowledgment of receipt of said information to the building official.

(Ord. No. 2025-007, § 2, 2025.)

Prior to the issuance of building permits for any residential dwelling, the developer shall create and maintain a list of features and amenities. The list of features and amenities shall contain the following information:

A. Each major component to be installed in each residential dwelling including, but not limited to, refrigerators, stoves, microwave ovens, dishwashers, garbage disposals, trash compactors, heating and air conditioning units, solar units, vacuum units, swimming pools, spas, patios, landscaping and alarm systems;

B. Any and all representations to be made to the buyers of the residential dwellings pertaining to the features and amenities to be installed, the quality of construction of the residential dwellings including the normal warranty that the residential unit will be constructed in a good workmanlike manner, and any other representation regarding the developer's efforts to comply with the provisions of this chapter;

C. The name, address and phone number of the developer's representative authorized to effectuate and coordinate compliance with the provisions of this chapter; and

D. The schedule and procedure by which the developer intends to comply with the provisions of this chapter.

(Ord. No. 2025-007, § 2, 2025.)

A. Prior to the issuance of building permits, the developer shall pay a fee for the inspection of each residential dwelling to ensure compliance with the city's building ordinances, the functionality of the dwelling's major components as contained in the developer's warranties, conditions of approval as may be imposed by the approving authority in accordance with the provisions of Title 20 (Zoning) of this code, environmental mitigation measures imposed in accordance with the California Environmental Quality Act (Public Resources Code Sections 21000 through 21177) and the provisions of Chapter 9.40 (Noise) of this code.

B. The fee to be paid by the developer shall be in an amount and in the form specified by the building official, who may require cash, bonds, letters of credit or any combination thereof.

(Ord. No. 2025-007, § 2, 2025.)

A. At the request of the new homeowner, within ninety days after the close of escrow, the building official shall inspect, or cause to be inspected, each residential dwelling to ensure the developer's compliance with the requirements of this chapter. For this purpose, the building official may contract with independent inspectors to conduct the inspections required by this chapter and is authorized to execute said contracts subject to the approval of the city attorney. The costs of the services of any such inspector shall be paid by the developer.

B. The building official shall require the developer to make any and all corrections reasonably necessary to bring each residential dwelling into compliance with the requirements of this chapter. The building official's corrections shall be based upon the inspector's findings and recommendations.

(Ord. No. 2025-007, § 2, 2025.)

A. Prior to the close of escrow for the sale of each residential unit, the developer shall afford the buyer the opportunity to inspect and approve the operational aspects of each major component contained within the features and amenities list and the quality of construction of the residential dwelling.

Thereafter, the developer and each buyer shall prepare a joint statement containing all corrections agreed to be made and all disputes for which no agreement has been reached. The joint statement shall also contain a time period by which all agreed corrections are to be made by the developer provided that the period shall not exceed ninety days from the date of the joint statement. Furthermore, the developer shall file the joint statement and make available upon request to the building official as a condition for the issuance of an occupancy for each residential dwelling.

B. Following occupancy, each buyer shall have ninety days from the close of escrow in which to register complaints with the developer regarding substantial defects or deviations of the requirements set forth in this chapter. Thereafter, the developer and buyer shall meet and confer in good faith regarding the resolution of the buyer's complaints or objections.

(Ord. No. 2025-007, § 2, 2025.)

The building official may refuse to issue occupancy permits for any residential dwelling unless and until the developer has complied with the requirements of this chapter including any and all corrections reasonably required by the building official.

(Ord. No. 2025-007, § 2, 2025.)

A. In the event the developer fails to make the required corrections, the building official may, after fifteen days written notice to the developer to make such corrections, utilize the developer's security and cause the corrections to be performed.

B. In the event a developer fails to comply with the requirements of this chapter, the building official may also refuse to issue any additional building permits or occupancy permits to said developer. Prior to doing so, the building official shall notify the developer in writing that occupancy permits or building permits are being withheld pending compliance with this chapter, the reasons therefor, and notice the decision may be appealed pursuant to Chapter 15.70; provided, that a written notice of appeal and reasons therefor is filed with the city clerk within fifteen days of the decision of the building official.

C. In refusing to issue any additional building permit or occupancy permit to a developer, the building official may also issue such permits in phases so as to require the developer to comply with the provisions of this chapter on certain designated residential dwellings before receiving such permits on other residential dwellings.

(Ord. No. 2025-007, § 2, 2025.)

In the event that the buyer of a residential dwelling unit institutes legal action against the developer to compel compliance with this chapter and prevails, the buyer shall be entitled to reasonable attorney's fees and costs.

(Ord. No. 2025-007, § 2, 2025.)