Coachella Municipal Code Ch. 16.28 Improvements and Grading

Prior to any construction of improvements and/or land alteration required, the subdivider shall have complied with and performed the requirements of Section 16.28.020 through 16.28.060.

(Prior code § 21-131)

The subdivider shall file with the city engineer detailed plans and specifications for all improvements or land alteration together with the estimate of time reasonably necessary to complete the same. In addition, the subdivider may be required to file detailed soil reports which shall be approved by the city engineer prior to commencement of any work.

(Prior code § 21-132)

The subdivider shall enter into a contract with the city to make, install and complete within the time fixed, but in no case more than two years from the date of execution of the contract, all improvement and/or land alteration in accordance with approved plans.

(Prior code § 21-133)

The subdivider shall file surety to guarantee completion of improvements in accordance with the improvement agreement as follows:

A. A faithful performance surety in an amount deemed sufficient by the city engineer to cover up to one hundred (100) percent of the total cost of all required on-site and adjacent off-site improvements including grading and slope planting expenses as applicable;

B. A payment surety in a like amount;

C. A monumentation surety in an amount stipulated by the subdivider's engineer to cover the cost of placing lot corners and other related monuments. The surety shall be drawn and utilized in conformity with Article 9, Chapter 4 of the map act; and

D. If the required improvements are financed and installed pursuant to special assessment proceeding, upon the furnishing by the contractor of the faithful performance and payment bonds required by the special assessment act being used, the city may reduce the improvement security of the subdivider by an amount corresponding to the amount of such bonds so furnished by the contractor.

(Prior code § 21-134)

Surety may be one of the following types subject to the approval of the council as to type and the city attorney as to form:

A. All bonds shall be executed by a surety company authorized to transact a surety business in California;

B. In lieu of the faithful performance and payment bonds, the subdivider may submit cash deposits under the conditions described in this subsection.

Disbursements from cash deposits shall be made in accordance with separate agreement between the subdivider and the city.

A bookkeeping fee of one percent of the total amount deposited with the city for each cash deposit bond shall be submitted with each such bond.

Disbursements from cash deposit filed with an approved escrow agency shall be made in accordance with separate agreement between the subdivider and the city. Disbursements from a cash deposit in any instance shall not be permitted unless and until authorized in writing by both the subdivider and the city engineer.

C. In lieu of the faithful performance and payment bonds or cash deposits, the subdivider may submit instruments of credit under the conditions described in this subsection. Such instruments of credit shall be issued by a financial institution subject to regulation by the state or federal government in a form and content as approved by the city attorney, and shall pledge that the funds necessary to meet the performance are on deposit and guaranteed for payment and agree that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument. An instrument of credit shall be accompanied by a current statement of assets and a resolution of the board of directors of the responsible organization authorizing the issuance and the amount of the letter. An instrument of credit shall be accompanied by a statement setting forth the date upon which the responsible organization was established.

(Prior code § 21-135)

The city clerk shall not endorse or sign certificates contained on the final map unless and until improvement security as specified in Section 16.28.050 has been posted.

(Prior code § 21-136)

The requirements stipulated in Sections 16.28.010 through 16.28.060 are applicable to any parcel split for which the installation of any improvements, grading or special fees are required as a condition of approval. The city council may allow the applicant to file and record a covenant, to run with the land, guaranteeing the completion of required improvements within a specified time.

(Prior code § 21-137)

No final map shall be presented to the council for acceptance until the requirements of this chapter have been approved and until all charges established by the council and pertaining to the property being subdivided have been paid.

(Prior code § 21-138)

Should the subdivider desire to do certain work prior to entering into an agreement with the city to install and complete all improvements and land alteration work, he or she may make an application to do so under a special permit. This application shall be accompanied by detailed plans describing the work which is proposed. The city engineer may issue a special permit to the subdivider or his contractor upon application of the subdivision applicant, providing a bond has been posted in an amount which would assure the rehabilitation of the land, including grading and planting, in the event the subdivision map is not recorded. The performance bond and contractor's qualifications shall be as provided in this title.

When the special permit is for all work required in connection with the subdivision and the work has been completed, the agreement as designated in this section will not be required.

(Prior code § 21-139)

Surety may be released in the following manner: Before surety is finally released for faithful performance, the subdivider shall post a maintenance guarantee as specified in this chapter.

(Prior code § 21-140)

Progress payments may be made to the subdivider from any deposit money or instrument of credit which the subdivider may have made in lieu of providing a surety bond; provided, however, that no such progress payment shall be made for more than ninety (90) percent of the value of any installment of work; and, provided that the aggregate amount thus paid is not in excess of fifty (50) percent of the total amount posted as improvement security. No progress payments from cash deposits shall be made except upon joint certification by the city engineer and the subdivider that work covered thereby has been completed.

(Prior code § 21-141)

Improvement security given for faithful performance of the agreement may be released upon recordation of the notice of completion for the work unless provision is made for partial release as work progresses under separate written agreement. The payment surety shall be retained to secure payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or material for six months after completion and acceptance of the work. Following such six-month period, this payment security may be reduced to an amount not less than the total of all claims on which an action has been filed and notice thereof given in writing to the city.

(Prior code § 21-142)

In the event the subdivider fails to complete any or all improvement work in accordance with the provisions of this chapter and the improvement agreement, the city may call on the surety for reimbursement without completing the improvements. In the event the subdivider fails to complete all improvement work in accordance with the provisions of this chapter and the improvement agreement and the city shall have to, or chooses to, complete same, the city shall call on the surety for reimbursement or shall appropriate from any cash deposit funds for reimbursement. If the amount of the surety bond, cash deposit or instrument of credit exceeds all costs and expenses incurred by the city, it shall release the remainder of such bond, cash deposit or instrument of credit, and if the amount of the surety bond, cash deposit or instrument of credit shall be less than the cost and expense incurred by the city, the subdivider shall be liable to the city for such difference.

(Prior code § 21-143)

(Ord. No. 1009, § 1, 4-22-09)

The subdivider shall guarantee all improvements for a period of one year from the date of final acceptance and shall correct any and all defects or deficiencies arising during the period as a result of the acts or omissions of the subdivider, his or her agents or employees. The improvement guarantee shall be backed by a bond or cash deposit in the amount of ten (10) percent of the surety posted for improvements. The city shall provide written notice of the defect or deficiency. In any instance where the subdivider fails to take action within the specified time, or when immediate action is required to protect the public health, safety and/or welfare, the city may cause the work to be performed . and call on the surety for reimbursement. The maintenance bond shall be submitted prior to final acceptance of the improvements by the city.

(Prior code § 21-144)

The subdivider shall improve or agree to improve all streets, thoroughfares, public ways or public or private easements within the development and adjacent thereto, as required to serve the development. No grading or improvement work shall be commenced until either an appropriate subdivision improvement agreement, land alteration permit, or street encroachment permit has been approved and any necessary bonds posted. Improvements shall be installed to line and grade and in accordance with the standard drawings and specifications of the city and/or as deter-mined by the city engineer. Street structural sections shall be designed in accordance with the "Division of Highways Stabilometer Method" or such comparable method as may be approved by the city engineer. The minimum improvements which the subdivider shall normally be required to agree to install, at his or her own cost, in the creation of a parcel or parcels shall include the following:

A. Grading, curbs and gutter, paving and drainage structures necessary for the proper use and drainage of the development, streets, highways and/or public safety;

B. Site grading and drainage, taking into consideration the drainage pattern of adjacent improved or unimproved property and making drainage provisions adequate for total ultimate development of the natural tributary area. Runoff quantities to be anticipated shall be derived from the drainage study as defined in this chapter, or by such other method as may be approved by the city engineer. Alternate methods shall be fully substantiated by the subdivider's engineer. Grading shall be in full conformity with the provisions of the appropriate ordinances of the city. Drainage facilities and concepts shall conform to the requirements of the city engineer;

C. Street name and traffic control signs;

D. Sidewalks and bicycle paths;

E. Fire hydrants and a water system with mains of sufficient size and capacity to provide future extensions to adjacent property and having a sufficient number of services to furnish an adequate water supply for each 1t or parcel in the subdivision and to provide adequate fire protection. Water system mains shall extend to the boundaries of the parcel map and subdivision. All domestic water shall be taken from the city system;

F. Sanitary sewer facilities and connections for each lot. Sewer mains, whose size and depth shall be adequate to serve adjacent and upstream properties, shall extend to the boundaries of the parcel split or subdivision;

G. Street trees as required by the director;

H. Underground utilities;

I. Provision shall be made for any and all railroad crossings necessary to provide access to or circulation within the proposed subdivision, including the preparation of all documents necessary for application to the state public utilities commission for the establishment and improvement of such crossings;

J. Midblock pedestrian ways, where required;

K. Improvements on private access easements shall be required as determined by the city engineer;

L. Street lighting facilities shall be provided in accordance with the council's policy for the area of the city where the subdivision is located. Lighting shall be adequate to permit proper policing of the subdivision and shall be so screened or otherwise designed as not to interfere with views from the hillsides of the city;

M. All utility distribution lines including, but not limited to electric, communication, natural gas, and cable television lines installed in and for the purpose of supplying service to any subdivision shall be placed underground. Undergrounding shall include existing aboveground facilities located within the subdivision and extending to the first existing pole outside the subdivision;

Equipment appurtenant to underground facilities, such as surface-mounted transformers, street light poles, pedestal-mounted terminal boxes and meter cabinets and concealed ducts may be installed above the surface of the ground subject to the approval of the city engineer;

The subdivider is responsible for complying with the requirements of this section, and shall make the necessary arrangements with the utilities involved for the installation of the facilities; and

N. Traffic signals in an amount proportionate to the benefits received according to rules and regulations as may be adopted from time to time by the council.

(Prior code § 21-241)

All underground utilities, including, but not limited to, sanitary sewers, storm drains and natural gas distribution facilities installed in streets or alleys shall be constructed prior to the surfacing of such streets or alleys. Connections for all underground utilities and sanitary sewers shall be laid to such length as will obviate the necessity for disturbing the street or alley improvements when the service connections thereto are made.

(Prior code § 21-242)

All wells shall be abandoned by sealing in a manner satisfactory to the city engineer or shall be transferred to the ownership of the city unless specific approval to retain the well for private use is granted by the city at the time of approval of the tentative map. The locations of such wells shall be shown on the final map and well logs, if available, shall be submitted to the city.

(Prior code § 21-243)

A complete improvement plan, "as-built," shall be filed with the city engineer upon completion of these improvements; the "as-built" plans to be drawn on copies of the original tracings and certified as to accuracy and completeness by the subdivider's registered civil engineer. Upon receipt and acceptance of the "as-built" plans, the city engineer may accept the public improvements.

(Prior code § 21-244)

The subdivider's engineer shall file or have filed with the city a certificate of grading signed by a registered civil engineer and an as-built sewer plan, also signed by a registered civil engineer. The sewer plan shall show the location and grades of all sewer lines and laterals installed. Both the certificate and as-built plan shall be submitted prior to issuance of building permits.

(Prior code § 21-245)

The city engineer shall have the authority and responsibility to accept public improvements and approve site grading relative to subdivision of land whether through the major subdivision process or the parcel split process. Completion of all improvements and/or grading as contemplated by the subdivision improvement agreement, the land alteration permit or the street encroachment permit is a condition of approval and acceptance.

(Prior code § 21-246)