Lodi Municipal Code Ch. 17.60 Improvement Plans and Agreements

This chapter establishes procedures and requirements for the review and approval of improvement plans, the installation of improvements, agreements and guarantees for their installation, and dedications.

(Ord. No. 1869, § 2, 2-20-2013)

After the approval of a tentative map, the subdivider shall diligently proceed to complete any improvements necessary to fulfill the conditions of approval. Improvement shall be defined as any infrastructure including streets, storm drains, sewers and the like. Before the construction of any improvements, the subdivider shall submit plans to the city as follows:

A. Preparation and Content. Improvement plans shall be prepared by a California registered civil engineer. Improvement plan submittals shall include all items in compliance with the city's design standards and construction specifications.

B. Submittal of Plans. Improvement plans shall be submitted to the public works director for review and approval. Upon the approval of improvement plans in compliance with subsection C following, the subdivider shall also submit to the public works director a detailed cost estimate of all improvements, based on guidelines provided by the city.

C. Review and Approval. Improvement plans shall be reviewed and approved by the public works director, within the time limits provided by Map Act Section 66456.2.

D. Effect of Approval. The final approval of improvement plans shall generally be required before approval of a final map. The approval of improvement plans shall not bind the city to accept the improvements nor waive any defects in the improvements as installed.

(Ord. No. 1869, § 2, 2-20-2013)

Required improvements shall be constructed or otherwise installed:

A. After the approval of improvement plans in compliance with Section 17.60.020; and

B. Before the approval of a parcel or final map in compliance with sections 17.54.060 (Parcel Map Approval) or 17.54.100 (Final Map Approval), except where improvements are deferred in compliance with Section 17.60.040 (Improvement Agreements and Security).

(Ord. No. 1869, § 2, 2-20-2013)

Any improvement agreement, contract or act required or authorized by the Map Act, for which security is required, shall be secured in one of the manners provided for in Section 66499 et seq. of the Subdivision Map Act.

A. Amount of Security.

1. The improvement security shall be in the amount of one hundred percent of the total estimated cost of the improvements or of the act to be performed, conditioned upon the faithful performance of the act or agreement and an additional security for the security of laborers and material in an amount not less than fifty percent of the total estimated cost of the improvement or the performance of the required act securing payment to the contractor, subcontractors and the persons furnishing labor and materials or equipment to them for the improvement or the performance of the required act.

2. If the improvement security is other than a bond or bonds furnished by duly authorized corporate surety, an additional amount shall be included as determined by the city council as necessary to cover the cost and reasonable expenses and fees, including reasonable attorneys' fees, which may be incurred by the city in successfully enforcing the obligation secured.

3. The improvement security shall also secure faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed ten percent of the original estimated cost of the improvement.

B. Release of Security. The improvement security required by this section shall be released as follows:

1. Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work; provided, however, that the public works director may release a portion of the security in conjunction with the acceptance of the performance of the work as it progresses upon application therefore by the subdivider; provided, however, that no more than ninety percent of the value of the work and/or materials actually furnished and installed may be released until final completion and compliance of the act or work.

2. Security securing the payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment may, after passage of the time within which claims of lien are required to be recorded pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division 3 of the Civil Code and after acceptance of the work, be reduced to an amount not less than the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the council, and if no claims have been recorded, the security may be released in full.

3. No security given for the guarantee or warranty of work shall be released until the expiration of the period thereof.

(Ord. No. 1869, § 2, 2-20-2013)

A. A preliminary soils report, prepared by a California-registered civil engineer and based upon adequate test borings, shall be submitted to the public works director for every subdivision.

B. A preliminary soils report may be waived by the public works director provided that the public works director finds that due to the knowledge the city has as to the soils qualities of the soils in the subdivision, no preliminary analysis is necessary.

C. If the city has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the community development director. The soils investigation shall be done by a California-registered civil engineer, who shall recommend the corrective action that is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists.

D. The review authority may approve the subdivision or portion thereof where soils problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed; and a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.

(Ord. No. 1869, § 2, 2-20-2013)