Kingsburg Municipal Code Ch. 16.42 Model Homes and Production Homes

A. For purposes of this chapter, the following definitions shall apply.

1. A "model home" is a home without an identified buyer constructed for marketing purposes to show the design, structure and appearance of units in a residential development and shall not be sold, leased, financed or offered for sale until the final subdivision map for the residential development is recorded and a final certificate of occupancy is issued for the model home.

2. A "production home" is a home without an identified buyer built on speculation that shall not be sold, leased, financed, or offered for sale until a final subdivision map for the residential development is recorded and a final certificate of occupancy is issued for the production home.

3. For purposes of this chapter, and except as otherwise set forth in this chapter, model home and production home shall be collectively referred to in this chapter as "model home."

4. "Subdivision" means a single-family residential subdivision located within the city limits of the City of Kingsburg.

(Ord. No. 2020-001, § 1, 2-19-2020)

A. Upon the recordation of the final subdivision map for a subdivision and the city's approval of building plans for a maximum of four (4) model homes to be constructed on specific lots in the subdivision, the city may issue building permits for construction of the model homes so long as all requirements identified in this chapter are satisfied, as determined by the city, by the developer of the subdivision.

(Ord. No. 2020-001, § 1, 2-19-2020)

A. Before developer of a subdivision may commence construction of model homes, the developer shall complete the following improvements:

1. All model home building pads must be completed and certified by the city and all property hubs must be installed.

2. All streets leading to the model home must be fully installed with an all-weather hard surface and all curbs and gutters and street lights must be installed along the streets.

3. All sewer, water and other underground utilities in the streets leading to the model homes, stubbed to each model home lot constructed and installed concurrently with the construction of the first model home.

4. Fully charged fire hydrants must be installed, fully operational and located within three hundred (300) feet of each model home and approved by the city fire department.

5. Storm drainage facilities must be installed for the model homes and approved by the city.

6. The biological testing (potable water tests) for the subdivision water system shall be completed and approved.

7. "Fire access road" signs located at all entrances to the subdivision and the streets where the model homes are located marked with twelve-inch letters and minimum three-quarter-inch stroke width, in contrasting colors and background to sign verbiage.

8. Temporary address signs located at all subdivision access points from existing streets must be posted with model home lot addresses marked with twelve-inch letters and minimum three-quarter-inch stroke width, in contrasting colors and background to sign verbiage.

9. Security cameras installed and operating and covering:

a. Each model home.

b. The exterior perimeter of the model home lots.

c. The street entrance points and street exit points for the model homes and covering the entire streets where the model home lots are located.

d. All security camaras shall have a minimum ninety-day video storage and shall be accessible to the Kingsburg Police Department upon request.

10. Satisfaction of all ADA parking requirements as may be required by the city building official.

11. Written evidence of payment of all required application and inspection fees and charges and compliance with all conditions of third-party agencies including, but not limited to, Pacific Gas and Electric Company, Selma, Kingsburg, Fowler Sanitation District and the San Joaquin Valley Air Pollution Control District.

12. Completion of design and construction of public parking and access to the model homes.

13. Front yards of all model homes fully landscaped pursuant to the subdivision landscaping plan.

14. No storage of combustible materials (e.g. framing material, raw lumber, pre-fab trusses) of any kind in the subdivision until the fire hydrants identified above are serviceable and passed portable water tests.

15. Such other requirements as determined necessary by the city.

(Ord. No. 2020-001, § 1, 2-19-2020)

A. Upon the recordation of the final subdivision map for a subdivision and the city's approval of building plans for a production home to be constructed on a specific lot located in the subdivision, the city may issue a building permit for construction of the production home so long as all requirements identified in Section 16.42.050 are satisfied, as determined by the city.

(Ord. No. 2020-001, § 1, 2-19-2020)

A. Before developer of a subdivision may commence construction of production homes, the developer shall complete the following improvements:

1. All production home building pads must be completed and certified by the city and all property hubs must be installed.

2. All streets leading to production home must be fully installed except for the final paving lift and all curbs and gutters must be installed along the streets. Street lights leading to the production homes must be installed and fully operational prior to occupancy of any production home. Installation of the final paving lift for the streets in the subdivision and the installation of the sidewalks in the subdivision must be completed and approved by the city prior to issuance of certificates of occupancy for the production homes.

3. All sewer, water and other underground utilities installed in the streets in the subdivision stubbed to each subdivision lot.

4. All fire hydrants in the subdivision must be installed, fully charged and operational and approved by the city fire department.

5. Storm drainage facilities must be installed for the subdivision and approved by the city.

6. The biological testing (potable water tests) for the subdivision water system shall be completed and approved.

7. Temporary address signs located at all subdivision access points from existing streets must be posted with production home lot addresses marked with twelve-inch letters and minimum three-quarter-inch stroke width, in contrasting colors and background to sign verbiage.

8. Satisfaction of all ADA parking requirements as may be required by the city building official.

9. Written evidence of payment of all required application and inspection fees and charges and compliance with all conditions of third-party agencies including, but not limited to Pacific Gas and Electric Company, Selma, Kingsburg, Fowler Sanitation District and the San Joaquin Valley Air Pollution Control District.

10. Landscaping pursuant to the subdivision landscaping plan for each production home must be completed prior to issuance of a certificate of occupancy for the production home.

11. No storage of combustible materials (e.g. framing material, raw lumber, pre-fab trusses) of any kind in the subdivision until the fire hydrants identified above are serviceable and passed portable water tests.

12. Such other requirements as determined necessary by the city.

(Ord. No. 2020-001, § 1, 2-19-2020)

A. The requirements identified in Section 16.42.030 and Section 16.42.050 shall be collectively referred to as the "required improvements." The model homes and production homes and the required improvements are hereinafter collectively referred to in this chapter as "model improvements."

B. All model improvements shall be constructed and installed in full accordance with the model home building plans approved by the city and all applicable city standards and specifications and all applicable city, state and federal laws, rules, regulations, policies and ordinances, as amended from time to time. The construction and installation of all model improvements will be subject to the city's standard inspection procedures and requirements, as amended from time to time. The issuance of the building permits for the model homes shall in no way whatsoever be construed as the granting to the developer of the subdivision any right to trespass upon land in the possession of, or owned by, any other person or entity without the landowner's prior written consent.

(Ord. No. 2020-001, § 1, 2-19-2020)

The model homes may not be used or occupied by the developer or any other person or entity until all model improvements have been constructed and installed and approved by the city. No model homes may be sold until the entire subdivision has been fully developed and sold out.

(Ord. No. 2020-001, § 1, 2-19-2020)

A. Should the developer fail, in any manner, to construct and install the model improvements or operate the model improvements as required by this chapter, the developer shall, within thirty (30) days after the date of written notice from the city, remove from the subdivision any and all model improvements placed, installed or constructed in the subdivision and the developer shall restore the subdivision to its condition prior to issuance of the building permits for the model improvements.

B. Should the developer fail to comply with the provisions of this Section 16.42.080, the developer unconditionally and irrevocably authorizes and permits the city, or any of its duly authorized officers, employees, agents or contractors to enter upon the subdivision and perform such removal and restoration. The developer shall indemnify, hold harmless and defend the city, its officials, officers, employees, contractors and agents from and against any claims, lawsuits, costs, liability, damages or expenses, including costs of suit and fees and expenses including, without limitation, attorney fees, in any way related to city's removal of the model improvements.

(Ord. No. 2020-001, § 1, 2-19-2020)

Prior to the construction and installation of any model improvements, the developer shall deliver to the city the sum of one hundred thousand dollars ($100,000.00) in cash or by an irrevocable standby letter of credit or instrument of credit in the amount of one hundred thousand dollars ($100,000.00) and in a form approved by the city, ("removal deposit"). The removal deposit shall be used by city to pay the costs and expenses of the city's removal of the model improvements as provided in Section 16.42.080. If the cost of removal of the model improvements exceeds the amount of the removal deposit, the developer shall pay to the city, in cash, any amount which exceeds the removal deposit within thirty (30) days after the date of an invoice from the city identifying the amount in excess of the removal deposit.

(Ord. No. 2020-001, § 1, 2-19-2020)

Prior to the construction and installation of any model improvements, the developer shall pay to city any and all fees, including, without limitation development fees, connection fees and capital facilities fees required by city in order to commence construction of the model improvements.

(Ord. No. 2020-001, § 1, 2-19-2020)

No vested rights or entitlements are conferred or granted to the developer or the subdivision by the issuance of the building permits or by acceptance by the city of any model improvements constructed by the developer within or upon the subdivision.

(Ord. No. 2020-001, § 1, 2-19-2020)

A. To the fullest extent allowed by law, the developer shall indemnify, hold harmless and defend the city and each of its officers, officials, employees, agents, volunteers and contractors from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to, personal injury, death at any time and property damage) arising or alleged to have arisen directly or indirectly out of the developer's construction and installation of the model improvements.

B. If the developer subcontracts all or any portion of the construction and installation of the model improvements, the developer shall require each subcontractor to indemnify, hold harmless and defend city and each of its officers, officials, employees, agents, volunteers and contractors in accordance with the provisions of this Section 16.42.100.

(Ord. No. 2020-001, § 1, 2-19-2020)

A. Until all homes in the subdivision are sold, the developer shall maintain in full force and effect the insurance described below with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-VII" in Best's Insurance Rating Guide; or (ii) authorized by the Central Valley Risk Management Authority:

Commercial general liability insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and shall include insurance for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, contractual liability (including indemnity obligations under this Agreement), with limits of liability of not less than five million dollars ($5,000,000.00) per occurrence for bodily injury and property damage, two million dollars ($2,000,000.00) per occurrence for personal and advertising injury and five million dollars ($5,000,000.00) aggregate for products and completed operations.

The developer shall be responsible for payment of any deductibles contained in any insurance policies required under this Section 16.42.101.

B. The above described policy of insurance shall be endorsed to provide an unrestricted thirty (30) calendar day written notice in favor of the city of policy modification or cancellation of coverage. In the event the policy is due to expire prior to the sale of all homes in the subdivision, the developer shall provide a new certificate evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. Upon issuance by the insurer, broker, or agent of a notice of modification or cancellation in coverage, the developer shall file with city a new certificate with all applicable endorsements for such policy.

C. The general liability insurance policy shall be written on an occurrence form and shall name the city, its officers, officials, agents, employees, volunteers and contractors as additional insureds. Such policy of insurance shall be endorsed so the developer's insurance shall be primary and no contribution shall be required by the city. The policy shall contain a waiver of subrogation as to city, its officers, officials, agents, employees, volunteers and contractors. The developer shall furnish city with the certificate and applicable endorsements for the required insurance prior to commencement of the construction and installation of the model improvements.

D. If at any time, the developer fails to maintain the required insurance in full force and effect, the developer shall immediately cease all work in the subdivision until written notice is received by the city that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the city.

E. If the developer subcontracts all or any portion of the construction and installation of the model improvements, the developer shall require each subcontractor to provide insurance protection in favor of city, its officers, officials, employees, agents and contractors in accordance with the provisions of this Section 16.42.100, and the subcontractors' certificates of insurance and endorsements shall be on file with the developer and the city prior to the commencement of any work by the subcontractor.

(Ord. No. 2020-001, § 1, 2-19-2020)