Concord Municipal Code Art. II Improvement Construction and Approval

This article establishes requirements for city approval of subdivision improvements, including requirements for improvement plans, agreements, and security; construction, inspection, and completion of improvements; and city acceptance of completed improvements.

(Ord. No. 17-9 (Exh. A))

(a) General requirements.

(1) Prior to the approval of a final map or parcel map, the subdivider shall receive City Engineer approval of an improvement plan showing subdivision improvements specified in Section 17.20.040 (Required improvements).

(2) Improvement plans shall be prepared under the direction of and signed by a registered civil engineer licensed by the state of California.

(3) The form and content of improvement plans shall conform to the conditions of approval and to the City of Concord standard plans and specifications and approved modifications thereto.

(b) Supplemental plans and calculations.

(1) Engineering calculations, bond or other security estimates, and any structural calculations as required by the City Engineer shall be submitted with the improvement plans.

(2) All calculations shall be legible, systematic, signed and dated by a registered civil engineer licensed by the state of California and in a form approved by the City Engineer. All preliminary and final calculations shall be clearly noted as such when submitted and shall be submitted per the requirements of the California Business and Professions Code Sections 6735 and 8760.

(c) City Engineer review.

(1) The subdivider shall submit copies of the improvement plans, tentative map or tentative parcel map with annotated conditions of approval, associated calculations, reports, and estimates to the City Engineer for review along with an application and all associated fees. Plans shall be accompanied by approvals from all outside governmental agencies and service providers.

(2) The City Engineer shall act on the application within 60 working days of its submittal, plus extensions agreed to or necessitated by corrections in accordance with Government Code Section 66456.2.

(3) Upon completion of the review, the City Engineer shall return to the subdivider one set of the preliminary plans, associated calculations, reports, and estimates, with any required revisions and/or the need for supplemental plans, associated calculations, reports, and estimates indicated.

(4) If any revisions and/or supplemental plans, associated calculations, reports, and estimates are necessary, the subdivider shall submit the corrected and supplemental plans, associated calculations, reports, and estimates to the City Engineer for review and approval.

(d) City Engineer approval.

(1) Upon finding that the improvement plans, associated calculations, reports, and estimates comply with all applicable city ordinances and plans, design requirements, and conditions of approval of the tentative map or tentative parcel map, the City Engineer shall sign and date the improvement plans and return the originals to the subdivider.

(2) Approval of the improvement plans shall not be construed as approval of the gas, electric, communications, water, or other services not provided by the city.

(3) Approval by the City Engineer shall not relieve the subdivider or the subdivider’s engineer from responsibility from the design of the improvements or for any deficiencies resulting from the design or from any conditions of approval of the tentative map or tentative parcel map.

(4) The approval of the improvement plans by the City Engineer, or the City Engineer’s certification that no improvements are required, becomes effective only after approval of the final map or parcel map of the subdivision.

(e) Revisions to approved improvement plans.

(1) Revisions initiated by subdivider.

a. If the subdivider determines during construction that revisions to approved improvement plans are necessary or desirable, a request for revision with revised plans showing the proposed revision shall be submitted in writing to the City Engineer along with plans and required fees.

b. If the City Engineer determines the revision is acceptable and consistent with the tentative map or tentative parcel map, the original revised plans shall be submitted to the City Engineer’s office for initialing.

c. Upon receipt of the initialed originals, the subdivider shall immediately transmit to the City Engineer a copy of the revised plans.

d. Construction of any proposed revision is not permitted until the City Engineer receives and approves the revised plans.

(2) Revisions initiated by City Engineer.

a. If the City Engineer determines that revisions to approved improvement plans are necessary to protect public health and safety or required by field conditions, a written request for revisions shall be submitted to the subdivider by the City Engineer.

b. The subdivider shall revise the plans and transmit the originals to the City Engineer for initialing within the time specified by the City Engineer.

c. Upon receipt of the initialed originals, the subdivider shall immediately transmit to the City Engineer a copy of the revised plans.

d. The City Engineer may stop construction of all or any portion of the improvements until the subdivider submits revised drawings.

e. If revisions are made that would be in conflict with the approved tentative map or tentative parcel map, the subdivider shall seek an amendment of the tentative map or tentative parcel map in accordance with Section 17.10.110 (Amendments to approved maps).

f. The City Engineer may require amendments to improvement maintenance agreements previously approved by the city prior to approval of revised improvement plans.

(Ord. No. 17-9 (Exh. A))

(a) Subdivision improvement agreement.

(1) Agreement required. Before the city may approve a final map or parcel map, the subdivider shall enter into an agreement with the city assuring the completion of subdivision improvements within a specified time and adequate funding for their completion.

(2) City approval. The agreement shall be approved by the City Engineer and approved as to form by the City Attorney.

(3) Agreement form and contents. The agreement shall be based on the city’s standard form of subdivision improvement agreement and shall provide for all of the following:

a. Construction of all improvements according to the standard plans and specifications.

b. Specified times to complete the improvements.

c. Guarantee and warranty of the improvements.

d. Payment of required city fees.

e. Improvement security as required by Section 17.20.110 (Improvement security).

f. Release and indemnification of the city from liability from the development and payment of attorney’s fees if the subdivision approval is challenged.

g. Insurance requirements.

h. Compliance with all applicable laws.

i. Any other provisions required by the city as reasonably necessary to comply with the requirements of this title or the Map Act.

(4) Recordance required. The executed improvement agreement shall be recorded in the office of the County Recorder and shall bind the subdivider’s successors-in-interest.

(b) Development agreement. A development agreement may be used in lieu of, or in addition to, an improvement agreement; provided, that it contains the provisions described in subsection (a) of this section (Subdivision improvement agreement) at a minimum. Where public improvements are required, improvement plans, engineering calculations, and cost estimates shall be submitted and approved by the City Engineer prior to acceptance of a final map or parcel map for filing.

(c) Deferred improvement agreements. The city may allow subdivision improvements to be deferred until a later date in accordance with Government Code Section 66411.1. When deferment is allowed, the subdivider shall enter into a deferred improvement agreement in a form acceptable to the City Engineer and City Attorney for installment of all deferred improvements at a specified later time. Deferred improvement agreements shall comply with the following requirements:

(1) The subdivider shall begin construction of improvements within a date mutually agreed upon in writing.

(2) In the event of a default by the subdivider, the city is authorized to have construction done and charge the entire cost and expense to the subdivider, including interest from the date of notice of the cost and expense until paid. The interest rate shall be consistent with the requirements of Article 15, Section 1 of the California State Constitution.

(3) The city shall record the agreement with the County Recorder and shall constitute notice to all successors and assignees of title to the real property of the obligations specified in the agreement.

(4) The agreement shall constitute a lien in a sufficient amount necessary to fully reimburse the city, including interest, subject to foreclosure in the event of a default in payment. The obligations under the agreement shall run with the property and constitute a lien against it.

(5) In the event of litigation caused by default of the subdivider, the subdivider agrees to pay all costs involved, including reasonable attorneys’ fees. Those costs shall become a part of the lien against the real property.

(6) The construction of deferred improvements shall conform to the City of Concord standard plans and specifications and all applicable city ordinances and regulations in effect at the time of construction.

(d) Remainder parcels.

(1) For a designated remainder parcel, the subdivider may enter into an agreement with the city to construct improvements prior to future city approval of development on the remainder parcel. The improvements shall be at the subdivider’s expense.

(2) In the absence of an agreement, the city may require fulfillment of the construction requirements within a reasonable time following approval of the final map or parcel map, upon a finding that fulfillment of the construction requirements is necessary for reasons of:

a. The public health and safety; or

b. The required construction is a necessary prerequisite to the orderly development of the surrounding area.

(3) If a designated remainder is subsequently sold, the owner shall obtain a certificate of compliance or conditional certificate of compliance from the City Engineer before development occurs.

(e) Reimbursement agreements. The subdivider may request reimbursement in accordance with Government Code Sections 66485 through 66487 for installed improvements when all of the following conditions are met:

(1) Improvements are greater than minimum size required.

(2) Improvements contain supplemental capacity, length, number, or size for the benefit of property not within the subdivision.

(3) Improvements are to be dedicated to the public.

(Ord. No. 17-9 (Exh. A))

An improvement agreement, contract, or act required or authorized by the Map Act or this title for which security is required shall be secured in compliance with Government Code Section 66499 et seq. and as provided in this section.

(a) Improvement security required.

(1) The city may approve a final map or parcel map only after receiving and approving all improvement securities required by this section.

(2) All improvement securities shall be reviewed and approved by the City Engineer and the City Attorney.

(b) Type and amount of security. The subdivider shall provide the following security in the amount and forms specified:

(1) Performance security. A performance security equal to 100 percent of improvement costs to guarantee the construction or installation of all improvements.

(2) Materials and labor security. A materials and labor security equal to 100 percent of improvement costs to guarantee payment to subdivider’s contractor, and to subcontractors and to persons furnishing labor, materials, or equipment for the construction or installation of improvements.

(3) Warranty security. A warranty security not less than 10 percent of improvement costs to guarantee throughout a one-year warranty period following completion and acceptance of improvements.

(c) Estimated improvement cost. The estimate of improvement costs shall be as approved by the City Engineer and shall provide for all of the following:

(1) Total construction costs.

(2) Fifteen percent of the total construction and construction management and inspection cost for contingencies.

(3) Increase for projected inflation computed to the estimated end of construction.

(4) 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.

(5) Enforcement costs calculated as $25,000 or five percent of the estimated construction cost, whichever is greater. These enforcement costs are not added if the bond language includes enforcement costs in addition to the face amount of the bond.

(d) Form of security. The form of security shall be one or the combination of the following subject to the approval of the city:

(1) A bond by an insurer admitted to transact surety insurance in California. The provisions of the bond shall be in accordance with Government Code Sections 66499.1, 66499.2, 66499.3, and 66499.4.

(2) A deposit, either with the city or a responsible escrow agent or trust company, at the option of the city, of money or negotiable bonds of the kind approved for securing deposits of public money.

(3) An instrument of credit from an agency of the state, federal, or local government when the agency of the state, federal, or local government provides at least 20 percent of the financing of the portion of the project requiring security.

(4) A lien upon the property to be divided, created by contract between the owner and the city, if the city finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map. The lien shall be in compliance with Government Code Section 66499(b).

(e) Release of security.

(1) Performance security.

a. The city shall release performance security after accepting required improvements and receiving any required maintenance or warranty agreements and security.

b. If warranty security is not submitted, the city shall release performance security 12 months after accepting required improvements and correction of all warranty deficiencies.

c. The city may permit a partial release of performance security as work progresses in accordance with Government Code Section 66499.7.

(2) Material and labor security.

a. The city shall release material and labor security 180 days after the completion of improvement and acceptance by the city.

b. The amount of released security shall be reduced by the amount of claims filed and of which notice has been given to the city.

c. The city shall release the balance of the security upon the settlement of all claims and obligations for which the security was given.

(3) Warranty security. The city shall release warranty security upon satisfactory completion of a one-year warranty period, provided:

a. All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected; and

b. Not less than 12 months has elapsed since the acceptance of the improvements by the City Council.

(Ord. No. 17-9 (Exh. A))

(a) Compliance with plans and standards. The construction methods and materials for subdivision improvements shall comply with the approved improvement plans, the City of Concord standard plans and specifications, and the standards and specifications of any participating utility.

(b) Commencement of construction.

(1) Construction may not begin until the City Engineer has approved all required improvement plans and issued a permit for all required improvements.

(2) Grading may not begin until the city issues a grading permit in accordance with Chapter 16.10 (Grading, Erosion, and Sedimentation Control).

(3) The subdivider shall notify the City Engineer at least 10 working days before beginning any work.

(c) Final geotechnical reports.

(1) A final report acceptable to the City Engineer and Building Official shall be prepared for each preliminary geotechnical report.

(2) Each final report shall be submitted at the completion of the grading work, prior to the release of grading bonds, and prior to issuance of building permits.

(3) Each final report shall contain complete field data to indicate full compliance with the preliminary report and subsequent recommendations based on new information acquired during construction.

(4) The geotechnical engineer shall provide written approval as to the adequacy of the site for the intended use and shall include pad certifications and compaction reports.

(d) City inspection.

(1) All work done in constructing the improvements and all materials furnished shall be subject to the inspection of the City Engineer.

(2) The City Engineer shall have access to the work at all times during its construction and shall be furnished with every reasonable facility to verify that the improvements are in compliance with the requirements of this chapter.

(3) If any of the work on improvements is done by the subdivider without the proper inspection of the improvements as required by the City Engineer, the City Engineer may reject that work, and it is deemed to have been done at the risk of the subdivider.

(e) Progress without undue delay.

(1) The subdivider shall proceed with work on the improvements without undue delay except for inclement weather or other reasonable cause.

(2) If there is a delay in completion of the work beyond the period stated in the subdivision improvement agreement, unless an extension is approved by the City Council in accordance with Section 17.20.130 (Completion of improvements), the City Council may take appropriate steps to use the security to complete the work.

(Ord. No. 17-9 (Exh. A))

(a) Timing. The subdivider shall complete subdivision improvements before the recording of the final map or parcel map unless one or more apply:

(1) The City Engineer authorizes a later completion date, not to exceed 24 months from the recording of the final map or parcel map.

(2) The City Council grants an extension in accordance with subsection (c) of this section (Extensions).

(3) The subdivision improvement agreement provides for a longer period for completion of the work.

(b) Uncompleted improvements. If the subdivider fails to complete the improvements within the specified time, the City Council may require the uncompleted improvements to be completed, and the parties executing the performance security shall be firmly bound for the payment of all costs. Additional costs will constitute a lien or reversion.

(c) Extensions.

(1) A subdivider may request City Council approval to extend the completion date of required improvements by submitting a written request to the City Engineer. The request must be submitted at least 30 days before expiration of the subdivision improvement agreement and shall be accompanied by required fees and evidence to justify the request for extension.

(2) The City Council shall act at the subdivider’s request at a public meeting noticed in accordance with Chapter 18.500 (Public Hearings).

(3) When approving a requested extension, the City Council may require any of the following:

a. Revised improvement plans to provide for current design and construction standards when required by the City Engineer.

b. Revised improvement construction estimates to reflect current improvement costs as approved by the City Engineer.

c. Increased improvement securities in compliance with revised construction estimates.

d. Increase of inspection fees to reflect current construction costs. Inspection fees are not subject to decrease or refund.

e. Additional requirements relating to the physical improvements, which would bring the project into compliance with current city ordinances, policies, and standards.

(4) If approved by the City Council, the extension becomes effective only after an amendment to the subdivision improvement agreement, prepared by the City Engineer and approved by the City Attorney, has been executed by the subdivider.

(Ord. No. 17-9 (Exh. A))

(a) Acceptance by City Council or City Engineer.

(1) When the subdivider has completed all improvements, corrected all deficiencies, and submitted record drawings of the improvements, the city shall consider the subdivision improvements for acceptance.

(2) The City Council shall by resolution accept all improvements for major subdivisions with a recommendation from the City Engineer. The City Engineer shall accept all improvements for minor subdivisions.

(3) Acceptance of the public improvements shall imply only that the improvements have been completed satisfactorily and that improvements have been accepted for public use.

(b) Recordation of acceptance. When subdivision improvements, dedications of rights-of-way, and dedications of easements are accepted for public purposes, the city shall file a notice with the County Recorder.

(c) Acceptance of a portion of the improvements. When requested by the subdivider in writing, the city may consider acceptance of a portion of the improvements as recommended by the City Engineer. The improvements may be accepted by the city only upon finding 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 from any other requirements imposed by this section.

(Ord. No. 17-9 (Exh. A))