Chino Municipal Code Ch. 19.09 Improvement Plans and Security

Following approval of a tentative or vesting tentative map, and prior to the submission of any final map or parcel map thereof, the subdivider/developer shall have prepared and submitted complete sets of improvement plans and cost estimates for any improvement(s) required. The approval of said plans by the city engineer shall be a prerequisite to the approval of the final map or parcel map by the city council, and in the case of a site development only, shall be prerequisite to issuance of any building permit. All public or private improvement plans, profiles, descriptions, studies, calculations, notes, surveys and drawings required under the provisions of this chapter shall be provided at no expense to the city and shall be prepared in accordance with this section and as required by the city engineer. Construction plans for street, alley, drainage, sewer and water improvements, traffic signals and street lights, and for any other required improvements, shall be drawn on standard city tracing cloth or Mylar film, in indelible ink, and shall be filed with the city engineer for his checking and review prior to approval. All maps, sketches, descriptions, estimates, plans and other drawings and items required to fulfill the requirements of this chapter shall also be provided in the form, content, number and details as specified by the city engineer. The plans and profiles of all required and proposed public and private improvements in a subdivision shall be furnished to the city engineer and shall be ready for his approval before a final map of the subdivision is presented to the city council for approval. No construction work shall commence on any of the improvements shown on any construction or improvement plans required herein until said plans have been reviewed, approved and signed by the city engineer. After approval and signature by the city engineer, all original drawings shall become the property of the city and may be released thereafter for reproduction or other purposes, only to bonded blueprinting or reproduction agencies, firms or individuals.

A. Application requirements. The improvement plans shall be prepared by or under the direction of a civil engineer licensed by the state and shall show the complete plans, profiles, and details for all streets and appurtenances, storm drainage, water systems and fire hydrants, sewers, utilities, grading and all other improvements proposed or necessary, on-site and off-site. They shall meet all the requirements deemed necessary by the city engineer.

B. Application review process.

1. Upon receipt of a complete set of improvement plans, the city engineer shall expeditiously review the plans and return one set to the subdivider/developer's engineer with the required revisions, if any, marked thereon.

2. When the plans are found to be complete and satisfactory to the city engineer, the subdivider/developer shall submit copies in the number and term deemed necessary by the city engineer. The prints shall at the time be accompanied by any additional number of complete sets of prints the subdivider/developer, his or her engineer and contractors may require, to be noted as approved by the city engineer.

C. Approval by city engineer. Upon finding that all required revisions have been made; that all required fees have been paid; and that the plans conform to all applicable city ordinances, design review requirements, and conditions of approval of the tentative map, the city engineer shall approve the improvement plans:

1. The city engineer shall act within sixty days of receiving the preliminary improvement plans and calculations, except that at least fifteen days shall be provided for processing any resubmitted improvement plan. The period of sixty days shall not include any days during which the improvement plan has been returned to the subdivider for corrections or has been subject to review by any party other than the city or a private entity contracted by the city.

2. The city engineer's approval of improvement plans shall not relieve the subdivider of responsibility for the design of the improvements and for any deficiencies in the improvements.

D. Permit required. The subdivider/developer shall not commence work on any portion of improvements prior to the issuance of an encroachment permit and payment of inspection fees, and the city public works department shall be notified in advance of commencement of any portion of the work.

E. Construction of improvements.

1. All construction methods and materials for improvements shall conform to the approved improvement plans, the requirements of the applicable construction permit, and any other applicable city requirements.

2. All construction of improvements is subject to inspection by the city engineer. The subdivider shall notify the city engineer before beginning the construction of any improvements. The city personnel shall have full access to the improvement work at all times during its construction.

F. Completion of improvements.

1. If a subdivider files a final subdivision map before all improvements are complete, the city council and the subdivider shall enter into a subdivision improvement agreement as a condition precedent to approval of the final map. The subdivision improvement agreement shall be prepared by the city engineer and in a form approved by the city attorney, and it shall include all of the following:

a. A list of the improvements that have not been completed;

b. A schedule for completing the improvements; and

c. A requirement that the improvements be completed at the subdivider's expense.

2. If the subdivider fails to complete the improvements within the period of time required by the subdivision improvement agreement, the city council may, by resolution, cause all required improvements to be completed, and the parties executing the security for improvements shall be firmly bound for all costs of completing the improvements.

G. Improvement agreement extensions.

1. The subdivision improvements shall be completed by the developer within twenty-four months or as otherwise provided in this ordinance, from the recording of the final map or parcel map, unless an extension is granted by the city council.

2. The completion date of subdivision improvements may be extended by the city council upon recommendation by the city engineer, upon written request by the developer and the submittal of adequate evidence to justify the extension. The request shall be made not less than sixty days prior to expiration of the subdivision improvement agreement.

3. If approved by the city council, the subdivider shall enter into a revised subdivision improvement agreement with the city. The agreement shall be prepared by the city engineer, approved as to form by the city attorney, executed by the subdivider and the city manager shall execute the agreement on behalf of the city.

4. In consideration of a revised subdivision improvement agreement, the following may be required:

a. Revision of improvement plans to provide for current design and construction standards when required by the city engineer;

b. Revision of improvement construction estimates to reflect current improvement costs as approved by the city engineer;

c. Change of improvement securities in accordance with revised construction estimates; and

d. Increase of inspection fees to reflect current construction costs.

5. The city council may impose additional requirements as recommended by the city engineer or as it may deem necessary as a condition to approving any time extension for the completion of improvements.

6. The costs incurred by the city in processing the revised subdivision improvement agreement shall be borne by the developer at actual cost. The city clerk shall notify the developer and surety of the city council's or city engineer's actions.

H. Inspection of improvements.

1. All construction of improvements under this chapter shall be subject to inspection and testing by the city engineer, or his authorized representatives, to insure compliance with the standards and specifications specified and required by this chapter. All work and improvements must be found to conform to said standards and specifications as a condition of the city's acceptance of them and the release of any improvement securities held therefor. No construction shall commence or continue without arrangements first having been made with the city engineer for inspection. The city engineer and his authorized representatives shall have the right to stop any work or refuse to inspect any work or reject any or all work and construction if it is found that the work is unauthorized, is unsafe in any way to the workers or the public, is inferior in materials or workmanship, was performed without inspection, or does not meet or comply with city standards, specifications, or city-approved construction plans. Reasonable access to the construction and work shall be provided at all times so that full knowledge of the progress, workmanship, and character of the materials used in the work can be gained.

2. Upon completion of the subdivision improvements, the subdivider shall apply in writing to the city engineer for preliminary final inspection. The city engineer shall conduct a preliminary final inspection and prepare a deficiency list, noting all additional work to be performed and deficiencies in existing work to be corrected. The city engineer shall provide a copy of the deficiency list to the subdivider. If there are an excessive number of deficiencies or missing improvements, the city engineer may choose to postpone the inspection.

3. After the subdivider has corrected all of the items on the deficiency list, the subdivider shall apply to the city engineer for final inspection. The city engineer shall conduct a final inspection and verify that the items on the deficiency list have been corrected. Upon so verifying, and after receiving as-built improvement plans, the city engineer shall accept the improvements and issue a notice of completion to the subdivider.

4. The city engineer's acceptance of improvements shall not relieve the subdivider of responsibility for correcting any deficiency that subsequently is discovered.

I. Security for improvements.

1. A security shall be furnished for all improvements shown in the improvement plan, in accordance with the requirements of Sections 66499 through 66499.10 of the Subdivision Map Act and as provided in this section.

2. The security shall be in a form approved by the city attorney and shall be provided as specified in Sections 66499 through 66499.2 of the Subdivision Map Act. The security shall be one of the following at the option of the city council and subject to the approval of the city attorney:

a. Bond or bonds by one or more duly authorized corporate sureties;

b. A cash deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the local agency, or money or negotiable bonds of the kind approved for securing deposit of public monies;

c. An instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.

3. As provided in Section 66499.5 of the Subdivision Map Act, if the required subdivision improvements are financed and installed pursuant to special assessment proceedings, the local agency at its option may provide by local ordinance that, upon the furnishing by the contractor of the faithful performance and labor and materials bonds required by the special assessment act being used, the improvement security of the subdivider may be reduced by an amount corresponding to the amount of such bonds so furnished by the contractor.

4. The amount of the security shall be:

a. One hundred percent of the total estimated cost of the improvements as a performance security to guarantee the construction or installation of all improvements;

b. Fifty percent of the total estimated cost of the improvements as a material and labor security to guarantee payment to the subdivider's contractors, and to persons furnishing labor, materials, or equipment for the construction or installation of improvements; and

c. Ten percent of the total estimated cost of the improvements as a warranty security to guarantee the improvements against any defective work or labor done, or defective materials used, in the performance of the improvements, for the warranty period of one year following completion and acceptance of the improvements.

5. The estimate of improvement costs shall be prepared under the direction of and signed by a registered civil engineer licensed by the State of California, and shall be approved by the city engineer. The estimate shall provide for the following:

a. Total construction costs, with labor costs calculated using the prevailing wage in the city;

b. Ten percent of the total construction cost for contingencies;

c. Increases for projected inflation based on total cost, computed to the estimated end of construction;

d. All utility installation costs, or a certification acceptable to the city engineer, from the utility company that adequate security has been deposited to ensure installation; and

e. Costs and reasonable expenses and fees, including attorney's fees, incurred in enforcing the obligation secured.

6. The security shall be released in accordance with the requirements of Sections 66499.7 of the Government Code and as described below:

a. At such time that the subdivider believes that the obligation to perform the work for which security was required is complete, the subdivider may notify the city engineer in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the city engineer shall have forty-five days to review and comment or approve the completion of the required work. If the city engineer does not agree that all work has been completed in accordance with the plans and specifications for the improvements, he or she shall supply a list of all remaining work to be completed.

b. Within forty-five days of receipt of the list of remaining work from the city engineer, the subdivider may then provide cost estimates for all remaining work for review and approval by the city engineer. Upon receipt of the cost estimates, the city engineer shall then have forty-five days to review, comment, and approve, modify, or disapprove those cost estimates. The city engineer is not required to process a partial release more than once between the start of work and completion and acceptance of all work.

c. If the city engineer approves the cost estimate for the remaining work and finds that the cost of the remaining work does not exceed twenty percent of the total original performance security, the public entity shall release all performance security except for security in an amount up to two hundred percent of the cost estimate of the remaining work and any retention to secure guarantee and warranty of the work as set forth in Subsection 6.i of this section, below.

d. Substitute bonds or other security may be used as a replacement for the performance security, subject to the approval of the city engineer. If substitute bonds or other security is used as a replacement for the performance security released, the release shall not be effective unless and until the city engineer receives and approves that form of replacement security.

e. A reduction in the performance security, authorized under this section, is not, and shall not be deemed to be, an acceptance by the city council of the completed improvements.

f. The subdivider shall complete the works of improvement until all remaining items are accepted by the city council.

g. Upon the completion of the improvements, the city engineer shall issue a written statement of completion within forty-five days.

h. Any remaining performance security shall be released within sixty days of the issuance of the written statement of completion.

i. Security given to secure payment to the contractor, his subcontractors and to the persons furnishing labor, materials or equipment may, six months after the completion and acceptance of the improvements by the city council, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the city council. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

j. The warranty security shall be released to the subdivider one year after completion of the work, or a final inspection indicating that the work is acceptable to the city engineer, or city council resolution accepting the improvements, whichever is later.

J. Reimbursement for improvements in excess of those required for subdivision.

1. As a condition of approval of any tentative map, the planning commission or city council may require the improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and that those improvements be dedicated to the public. This reimbursement shall be subject to the regulations of the Subdivision Map Act Sections 66485 et. seq., and the following process:

a. In the event of the installation of supplemental improvements required by this section, the city shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements. In no case shall a reimbursement agreement exceed ten years.

b. In order to pay costs as required by the reimbursement agreement, the city may:

i. Collect a reasonable charge from other persons, including public agencies, using the supplemental improvements.

ii. Contribute to the subdivider that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision, and levy a charge upon the real property benefited to reimburse itself for that cost, together with any interest paid to the subdivider.

iii. Establish and maintain local benefit districts for the levy and collection of charges or costs from the property benefited.

c. Reimbursements to the subdivider may be provided pursuant to Section 3.40.100 of the Municipal Code.

2. The city shall in no event be liable for reimbursement to the original subdivider unless and until such reimbursement is collected from the other subdivider(s). In no event shall the city be liable for failure to make such collection.

K. Acceptance of improvements.

1. When all improvement deficiencies have been corrected and "record drawings" of the improvement plans have been filed, the subdivision improvements shall be considered by the city for acceptance. Improvements may be accepted by the city council upon recommendation of the city engineer. Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use.

2. When requested by the subdivider in writing, the city council may consider acceptance of a portion of the improvements as recommended by the city engineer. The improvements will be accepted by the city only if it finds that it is in the public interest and such improvements are for the use of the general public. Acceptance of a portion of the improvements shall not relieve the subdivider of any other requirements imposed by this chapter.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Placement. At the time of making the survey for the final map or parcel map, the subdivider's engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the California Business and Professions Code so that another engineer or surveyor may readily retrace the survey, unless the survey is not required pursuant to Section 66448 of the Subdivision Map Act.

B. Reference. All monuments necessary to establish the exterior boundaries of the subdivision shall be set or referenced prior to recordation of the final map or parcel map.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Requirement. A dust control plan shall be required by the project proponent prior to issuance of a stockpile, grading or demolition permit; or approval of any other instrument entailing any site clearing/grubbing disturbance to the soil, grading, dirt import/export or excavation work in excess of fifty cubic yards; or, as deemed appropriate by the city engineer. The dust control plan shall impose mitigation measures that are consistent with the city's general plan air quality element and which substantially reduce dust/particulate emissions resulting from the aforementioned activities.

B. The following control measures shall be utilized to control particulate emissions as deemed necessary by the city engineer. The effectiveness and feasibility of the control measures shall be the primary factor in the selection of the specific dust control plan:

1. Water all active project sites with multiple daily applications to ensure proper particulate emission control;

2. Require all equipment/trucks hauling import/export dirt, sand soil or other loose substances and building materials on public streets to be covered;

3. Utilize standard erosion control activities as specified in the latest edition of the "Standard Specifications for Public Works Construction", (Green Book), published by BNI, Inc.;

4. Schedule grading activities to minimize the amount of exposed, excavated soil during phased work periods;

5. Require vegetative, chemical, or other stabilization of exposed surface areas and installation of curb and gutter facilities as required following phased grading and construction activities;

6. Suspend grading activities during first stage smog alerts and as may be required by the city engineer during second stage smog alerts;

7. Suspend grading activities which generate particulate emissions during high winds (i.e., greater than twenty-five miles per hour) or as required by the city engineer.

8. Clean up roadway debris caused by construction activity immediately after a storm or similar event;

9. Develop on-site stormwater runoff control facilities/measures; and

10. Prohibit employee parking on untreated construction areas within the project site and curtail vehicular speed to limit dust creation.

C. Dust control plan implementation. The grading/construction plan general notes shall include a dust control section that lists a schedule of activities which have the potential to create particulate emissions, their corresponding mitigation/control measures and the person/contractor responsible for carrying out the dust control measure and the equipment/product necessary to complete the designated dust control activity. The city engineer or his/her representative shall review and approve the dust control plan/general grading notes prior to issuance of a grading permit or as specified above.

D. Enforcement. Failure to comply with any part of the dust control plan approved by the city engineer shall result in fines and penalties subject to the enforcement provision contained within Title 20 (Zoning) of this Code.

(Ord. 2010-07, § 1(exh. A), 2010.)

When applicable, the subdivider shall either join an existing assessment district, if there is one adjacent to the parcel, or form a new one, as directed by the city engineer if none exists.

(Ord. 2010-07, § 1(exh. A), 2010.)