Fountain Valley City Zoning Code

CHAPTER 21

80 IMPROVEMENT PLANS AND AGREEMENTS

§ 21.80.010 Purpose.

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. 1308 § 5, 2000)

§ 21.80.020 Improvement plans.

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:

Preparation and Content. Improvement plans shall be prepared by a California registered civil engineer. Improvement plan submittals shall include the following information:

Any drawings, specifications, calculations, design reports and other information required by the city engineer;

Grading, drainage, erosion and sediment control, and a storm water pollution prevention plan (SWPPP) for the entire subdivision; and

The improvement plan/specification checking and construction inspection fees required by the city fee resolution.

Submittal of Plans. Improvement plans shall be submitted to the city engineer and other reviewing agencies for review and approval. Upon the approval of improvement plans in compliance with subsection (3) of this section, the subdivider shall also submit to the city engineer a detailed cost estimate of all improvements, based on guidelines provided by the city.

Review and Approval. Improvement plans shall be reviewed and approved by the city engineer, within the time limits provided by Map Act Section 66456.2.

Effect of Approval. The final approval of improvement plans shall generally be required before approval of a parcel or 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. 1308 § 5, 2000)

§ 21.80.030 Installation of improvements.

Subdivision improvements required as conditions of approval of a tentative map in compliance with subsection (2) of Section 21.70.080 of this title shall be installed as provided by this section.

Timing of Improvements. Required improvements shall be constructed or otherwise installed only after the approval of improvement plans in compliance with this chapter, and before the approval of a parcel or final map in compliance with Sections 21.72.060 (Parcel map approval) or 21.72.100 (Final map approval) of this title, except where:

Improvements are deferred in compliance with Section 21.80.040 (Improvement agreements and security) of this chapter; or

Improvements are required as conditions of the approval of a subdivision of four or fewer lots, in which case construction of the improvements shall be required:

Only when a permit for development of an affected parcel is issued by the department; or

At the time the construction of the improvements is required in compliance with an agreement between the subdivider and the city, as set forth in Section 21.80.040 (Improvement agreements and security) of this chapter; or

At the time set forth in a condition of approval, when the review authority finds that fulfillment of the construction requirements by that time is necessary for public health and safety, or because the required construction is a necessary prerequisite to the orderly development of the surrounding area.

To avoid breaking up street paving, underground utility or service lines required to be installed as part of a subdivision and are planned to run across or underneath the right-of-way of any street or alley shall be installed prior to the preparation of subgrade and prior to the surfacing of any streets or alleys. In the event that the development of the subdivision requires the utility company to perform utility construction work, the developer shall pay a deposit satisfactory to the utility company within sufficient time to permit construction work to be performed prior to subgrade preparation. In no event shall subgrade preparation commence before installation of all necessary utilities and laterals.

Inspection of Improvements. The construction and installation of required subdivision improvements shall occur as follows.

Supervision. Before starting any work, the contractor engaged by the subdivider shall designate in writing an authorized representative who shall have the authority to represent and act for the contractor in contacts with the city. The designated representative shall be present at the work site at all times while work is in progress. At times when work is suspended, arrangements acceptable to the city engineer shall be made for any emergency work that may be required.

Inspection Procedures.

Inspections Required. The city engineer shall make any inspections as he or she deems necessary to ensure that all construction complies with the approved improvement plans. Where required by the city engineer, the developer shall enter into an agreement with the city to pay the full cost of any contract inspection services determined to be necessary by the city engineer.

Access to Site and Materials. The city engineer shall have access to the work site at all times during construction, and shall be furnished with every reasonable facility for verifying that the materials and workmanship are in accordance with the approved improvement plans.

Authority for Approval. The work done and all materials furnished shall be subject to the inspection and approval of the city engineer. The inspection of the work or materials shall not relieve the contractor of any obligations to fulfill the work as prescribed.

Improper Work or Materials. Work or materials not meeting the requirements of the approved plans and specifications may be rejected, regardless of whether the work or materials were previously inspected by the city engineer. In the event that the city engineer determines that subdivision improvements are not being constructed as required by the approved plans and specifications, he or she shall order the work stopped and shall inform the contractor of the reasons for stopping work and the corrective measures necessary to resume work. Any work done after issuance of a stop work order shall be a violation of this title.

Notification. The subdivider shall notify the city engineer upon the completion of each stage of construction as outlined in this chapter, and shall not proceed with further construction until authorized by the city engineer.

(Ord. 1308 § 5, 2000)

§ 21.80.040 Improvement agreements and security.

A subdivider may file a parcel or final map before completion of all the improvements required by this title and conditions of approval of the tentative map, only when the subdivider first obtains council approval of a subdivision improvement agreement executed and submitted for council review by the subdivider, and provides the city performance security as required by this section. Improvement agreements and required security shall also comply with Chapter 5 of the Map Act.

Contents of Improvement Agreement. A subdivision improvement agreement shall be submitted on a form provided by the city engineer and approved by the city attorney and shall include the following provisions.

Description of Improvements. A description of all improvements to be completed by the subdivider, with reference to the approved subdivision improvement plans.

Time Limit for Construction. The period within which all required improvements will be completed to the satisfaction of the city engineer.

Completion by City. Provide that if the subdivider fails to complete all required improvements within the specified time, the city may elect to complete the improvements and recover the full cost and expenses thereof from the subdivider or the surety, including any attorney and legal fees associated with enforcement of the agreement.

Surety Requirement. Require the subdivider to secure the agreement by furnishing security to ensure full and faithful performance and to insure payment to laborers and material suppliers, as specified in subsection (2) of this section. The amount of surety shall be based on an engineer's cost estimate submitted by the subdivider as provided by subsection (2) and approved by the city engineer. The total cost of improvements to be guaranteed shall be as provided in the approved engineer's cost estimate.

Phased Construction. Provisions for the construction of improvements in units, at the option of the subdivider.

Time Extensions. Provisions for an extension of time under conditions specified therein, at the option of the subdivider, consistent with the requirements of subsection (4) of this section.

Progress Payments or Partial Release. Provide for progress payments from surety deposits, or partial release of the surety filed to ensure faithful performance of the contract, at the option of the subdivider, in compliance with the requirements of subsection (3) of this section; provided that no progress payment or partial release shall be construed to be acceptance by the city of any portion of the required improvements or any defective work or improper materials.

Security Required to Guarantee Improvements. A subdivision improvement agreement or a subdivision road maintenance and repair agreement shall be secured by adequate surety in a form approved as to form and sufficiency by the city attorney, as follows:

Type of Security. Subdivision improvement agreements shall be secured by all of the following:

A guarantee for "faithful performance," in the amount of one hundred percent of the engineer's estimate;

A guarantee for "materials and labor," in the amount of one hundred percent of the engineer's estimate;

Five thousand dollars for survey; and

A one-year guarantee and warranty for work in the amount of ten percent of the engineer's estimate.

Form of Security. The required surety shall consist of one or more of the following forms selected by the city engineer for the full amounts specified in subsection (2)(A) of this section.

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

A bond or bonds executed by one or more duly authorized corporate sureties;

An instrument of credit from an agency of the state, federal or local government when any said agency provides at least twenty percent of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the state or federal government pledging that funds necessary to carry out the act or agreement are on deposit and guaranteed for payment or a letter of credit issued by such a financial institution;

A lien upon the property to be divided, created by contract between the owner and the city, where the review authority 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; or

Any form of security, including security interests in real property, which is acceptable to the local agency.

Progress Payments or Partial Release. No progress payment or partial release of the surety filed to ensure faithful performance of the contract shall be made except when the city engineer has certified that the work required to qualify for payment or release has been satisfactorily completed and the payment or release has also been approved by the city engineer. No certificate given, progress payment made or release of surety, except the final certificate of acceptance, shall be considered as any evidence of the performance of the agreement either wholly or in part. There shall be no partial acceptance of any improvements.

Time Extensions. An extension of time for completion of improvements under a subdivision improvement agreement shall be granted by the council only as follows:

Public Works Report. The city engineer notifies the council that either the subdivider is proceeding to do the work required with reasonable diligence or is not yet ready to develop the subdivision, and has given satisfactory evidence of being able and willing to complete all required work within the time of the requested extension.

Agreement by Sureties. The sureties agree in writing to extend for the additional period of time at the original amount of the bond or other surety, or if recommended by the city engineer, at an increased amount.

Council Action. The council approves the extension by at least a four-fifths vote. As a condition of granting a time extension, the council may impose whatever additional requirements the council deems reasonable to protect the public interest.

Acceptance of Improvements. Before acceptance for maintenance or final approval by the council of subdivision improvements, the city engineer shall verify that the improvement work has been completed in substantial compliance with the approved plans and specifications.

(Ord. 1308 § 5, 2000; Ord. 1495 § 1, 2014)

§ 21.80.045 Exoneration and partial release of improvement security delegated.

Pursuant to Government Code Section 66499.7, the authority to exonerate and release, or partially release, improvement security, including bonds and other forms of security for subdivision and other developments in the city, is hereby delegated to the city engineer. The city engineer is authorized to release said obligations if satisfactory completion has occurred by his or her signature.

(Ord. 1495 § 2, 2014)

§ 21.80.050 Soils reports.

Soils reports shall be provided by the subdivider as required by this section.

Preliminary Soils Report. A preliminary soils report based upon adequate test borings and prepared by a registered civil engineer shall be required for every subdivision. The preliminary soils report shall be submitted with the tentative map application.

Form of Report. A preliminary soils report may be divided into two parts:

Soils Reconnaissance. The soil reconnaissance shall include a complete description of the site based on a field investigation of soils matters. The soils matters reviewed shall include stability, erosion, settlement, feasibility of construction of the proposed improvements, description of soils related hazards and problems and proposed methods of eliminating or reducing these hazards and problems; and

Final Soils Investigation and Report. This investigation and report shall include field investigation and laboratory tests with detailed information and recommendations relative to all aspects of grading, filling and other earthwork, foundation design, pavement design and subsurface drainage.

The report shall also recommend any required corrective action for the purpose of preventing structural damages to the subdivision improvements and the structures to be constructed on the lots. The report shall also recommend any special precautions required for erosion control, and the prevention of sedimentation or damage to off-site property.

If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, or environmental impacts, a subsequent soils investigation of each parcel in the subdivision may be required and submitted to the city engineer before approval of a parcel or final map.

Preliminary Soils Report Waiver. The preliminary soils report may be waived if the city engineer determines that existing available information on the qualities of the soils of the subdivision makes no preliminary analysis necessary.

Final Soils Report. A final soils report prepared by a registered civil engineer shall be required where a preliminary soils report was required, unless the final report is waived by the city engineer.

Two copies of the final soils investigation and report shall be filed with the improvement plans.

The report shall contain sufficient information to ensure compliance with all recommendations of the preliminary soils report and the specifications for the project.

The report shall also contain information relative to soils conditions encountered which differed from that described in the preliminary soils reports, along with any corrections, additions or modifications not shown on the approved plans.

Geologic Investigation and Report. If the city engineer determines that conditions warrant, a geologic investigation and report may also be required.

(Ord. 1308 § 5, 2000)

§ 21.80.060 Seismic hazards report.

A seismic hazards report shall be prepared by the developer and submitted to the city engineer together with the fee required by the council. The report shall be reviewed by a city-designated geotechnical engineer or other approved reviewer.

(Ord. 1308 § 5, 2000)

Fountain Valley City Zoning Code

CHAPTER 21

80 IMPROVEMENT PLANS AND AGREEMENTS

§ 21.80.010 Purpose.

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. 1308 § 5, 2000)

§ 21.80.020 Improvement plans.

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:

Preparation and Content. Improvement plans shall be prepared by a California registered civil engineer. Improvement plan submittals shall include the following information:

Any drawings, specifications, calculations, design reports and other information required by the city engineer;

Grading, drainage, erosion and sediment control, and a storm water pollution prevention plan (SWPPP) for the entire subdivision; and

The improvement plan/specification checking and construction inspection fees required by the city fee resolution.

Submittal of Plans. Improvement plans shall be submitted to the city engineer and other reviewing agencies for review and approval. Upon the approval of improvement plans in compliance with subsection (3) of this section, the subdivider shall also submit to the city engineer a detailed cost estimate of all improvements, based on guidelines provided by the city.

Review and Approval. Improvement plans shall be reviewed and approved by the city engineer, within the time limits provided by Map Act Section 66456.2.

Effect of Approval. The final approval of improvement plans shall generally be required before approval of a parcel or 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. 1308 § 5, 2000)

§ 21.80.030 Installation of improvements.

Subdivision improvements required as conditions of approval of a tentative map in compliance with subsection (2) of Section 21.70.080 of this title shall be installed as provided by this section.

Timing of Improvements. Required improvements shall be constructed or otherwise installed only after the approval of improvement plans in compliance with this chapter, and before the approval of a parcel or final map in compliance with Sections 21.72.060 (Parcel map approval) or 21.72.100 (Final map approval) of this title, except where:

Improvements are deferred in compliance with Section 21.80.040 (Improvement agreements and security) of this chapter; or

Improvements are required as conditions of the approval of a subdivision of four or fewer lots, in which case construction of the improvements shall be required:

Only when a permit for development of an affected parcel is issued by the department; or

At the time the construction of the improvements is required in compliance with an agreement between the subdivider and the city, as set forth in Section 21.80.040 (Improvement agreements and security) of this chapter; or

At the time set forth in a condition of approval, when the review authority finds that fulfillment of the construction requirements by that time is necessary for public health and safety, or because the required construction is a necessary prerequisite to the orderly development of the surrounding area.

To avoid breaking up street paving, underground utility or service lines required to be installed as part of a subdivision and are planned to run across or underneath the right-of-way of any street or alley shall be installed prior to the preparation of subgrade and prior to the surfacing of any streets or alleys. In the event that the development of the subdivision requires the utility company to perform utility construction work, the developer shall pay a deposit satisfactory to the utility company within sufficient time to permit construction work to be performed prior to subgrade preparation. In no event shall subgrade preparation commence before installation of all necessary utilities and laterals.

Inspection of Improvements. The construction and installation of required subdivision improvements shall occur as follows.

Supervision. Before starting any work, the contractor engaged by the subdivider shall designate in writing an authorized representative who shall have the authority to represent and act for the contractor in contacts with the city. The designated representative shall be present at the work site at all times while work is in progress. At times when work is suspended, arrangements acceptable to the city engineer shall be made for any emergency work that may be required.

Inspection Procedures.

Inspections Required. The city engineer shall make any inspections as he or she deems necessary to ensure that all construction complies with the approved improvement plans. Where required by the city engineer, the developer shall enter into an agreement with the city to pay the full cost of any contract inspection services determined to be necessary by the city engineer.

Access to Site and Materials. The city engineer shall have access to the work site at all times during construction, and shall be furnished with every reasonable facility for verifying that the materials and workmanship are in accordance with the approved improvement plans.

Authority for Approval. The work done and all materials furnished shall be subject to the inspection and approval of the city engineer. The inspection of the work or materials shall not relieve the contractor of any obligations to fulfill the work as prescribed.

Improper Work or Materials. Work or materials not meeting the requirements of the approved plans and specifications may be rejected, regardless of whether the work or materials were previously inspected by the city engineer. In the event that the city engineer determines that subdivision improvements are not being constructed as required by the approved plans and specifications, he or she shall order the work stopped and shall inform the contractor of the reasons for stopping work and the corrective measures necessary to resume work. Any work done after issuance of a stop work order shall be a violation of this title.

Notification. The subdivider shall notify the city engineer upon the completion of each stage of construction as outlined in this chapter, and shall not proceed with further construction until authorized by the city engineer.

(Ord. 1308 § 5, 2000)

§ 21.80.040 Improvement agreements and security.

A subdivider may file a parcel or final map before completion of all the improvements required by this title and conditions of approval of the tentative map, only when the subdivider first obtains council approval of a subdivision improvement agreement executed and submitted for council review by the subdivider, and provides the city performance security as required by this section. Improvement agreements and required security shall also comply with Chapter 5 of the Map Act.

Contents of Improvement Agreement. A subdivision improvement agreement shall be submitted on a form provided by the city engineer and approved by the city attorney and shall include the following provisions.

Description of Improvements. A description of all improvements to be completed by the subdivider, with reference to the approved subdivision improvement plans.

Time Limit for Construction. The period within which all required improvements will be completed to the satisfaction of the city engineer.

Completion by City. Provide that if the subdivider fails to complete all required improvements within the specified time, the city may elect to complete the improvements and recover the full cost and expenses thereof from the subdivider or the surety, including any attorney and legal fees associated with enforcement of the agreement.

Surety Requirement. Require the subdivider to secure the agreement by furnishing security to ensure full and faithful performance and to insure payment to laborers and material suppliers, as specified in subsection (2) of this section. The amount of surety shall be based on an engineer's cost estimate submitted by the subdivider as provided by subsection (2) and approved by the city engineer. The total cost of improvements to be guaranteed shall be as provided in the approved engineer's cost estimate.

Phased Construction. Provisions for the construction of improvements in units, at the option of the subdivider.

Time Extensions. Provisions for an extension of time under conditions specified therein, at the option of the subdivider, consistent with the requirements of subsection (4) of this section.

Progress Payments or Partial Release. Provide for progress payments from surety deposits, or partial release of the surety filed to ensure faithful performance of the contract, at the option of the subdivider, in compliance with the requirements of subsection (3) of this section; provided that no progress payment or partial release shall be construed to be acceptance by the city of any portion of the required improvements or any defective work or improper materials.

Security Required to Guarantee Improvements. A subdivision improvement agreement or a subdivision road maintenance and repair agreement shall be secured by adequate surety in a form approved as to form and sufficiency by the city attorney, as follows:

Type of Security. Subdivision improvement agreements shall be secured by all of the following:

A guarantee for "faithful performance," in the amount of one hundred percent of the engineer's estimate;

A guarantee for "materials and labor," in the amount of one hundred percent of the engineer's estimate;

Five thousand dollars for survey; and

A one-year guarantee and warranty for work in the amount of ten percent of the engineer's estimate.

Form of Security. The required surety shall consist of one or more of the following forms selected by the city engineer for the full amounts specified in subsection (2)(A) of this section.

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

A bond or bonds executed by one or more duly authorized corporate sureties;

An instrument of credit from an agency of the state, federal or local government when any said agency provides at least twenty percent of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the state or federal government pledging that funds necessary to carry out the act or agreement are on deposit and guaranteed for payment or a letter of credit issued by such a financial institution;

A lien upon the property to be divided, created by contract between the owner and the city, where the review authority 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; or

Any form of security, including security interests in real property, which is acceptable to the local agency.

Progress Payments or Partial Release. No progress payment or partial release of the surety filed to ensure faithful performance of the contract shall be made except when the city engineer has certified that the work required to qualify for payment or release has been satisfactorily completed and the payment or release has also been approved by the city engineer. No certificate given, progress payment made or release of surety, except the final certificate of acceptance, shall be considered as any evidence of the performance of the agreement either wholly or in part. There shall be no partial acceptance of any improvements.

Time Extensions. An extension of time for completion of improvements under a subdivision improvement agreement shall be granted by the council only as follows:

Public Works Report. The city engineer notifies the council that either the subdivider is proceeding to do the work required with reasonable diligence or is not yet ready to develop the subdivision, and has given satisfactory evidence of being able and willing to complete all required work within the time of the requested extension.

Agreement by Sureties. The sureties agree in writing to extend for the additional period of time at the original amount of the bond or other surety, or if recommended by the city engineer, at an increased amount.

Council Action. The council approves the extension by at least a four-fifths vote. As a condition of granting a time extension, the council may impose whatever additional requirements the council deems reasonable to protect the public interest.

Acceptance of Improvements. Before acceptance for maintenance or final approval by the council of subdivision improvements, the city engineer shall verify that the improvement work has been completed in substantial compliance with the approved plans and specifications.

(Ord. 1308 § 5, 2000; Ord. 1495 § 1, 2014)

§ 21.80.045 Exoneration and partial release of improvement security delegated.

Pursuant to Government Code Section 66499.7, the authority to exonerate and release, or partially release, improvement security, including bonds and other forms of security for subdivision and other developments in the city, is hereby delegated to the city engineer. The city engineer is authorized to release said obligations if satisfactory completion has occurred by his or her signature.

(Ord. 1495 § 2, 2014)

§ 21.80.050 Soils reports.

Soils reports shall be provided by the subdivider as required by this section.

Preliminary Soils Report. A preliminary soils report based upon adequate test borings and prepared by a registered civil engineer shall be required for every subdivision. The preliminary soils report shall be submitted with the tentative map application.

Form of Report. A preliminary soils report may be divided into two parts:

Soils Reconnaissance. The soil reconnaissance shall include a complete description of the site based on a field investigation of soils matters. The soils matters reviewed shall include stability, erosion, settlement, feasibility of construction of the proposed improvements, description of soils related hazards and problems and proposed methods of eliminating or reducing these hazards and problems; and

Final Soils Investigation and Report. This investigation and report shall include field investigation and laboratory tests with detailed information and recommendations relative to all aspects of grading, filling and other earthwork, foundation design, pavement design and subsurface drainage.

The report shall also recommend any required corrective action for the purpose of preventing structural damages to the subdivision improvements and the structures to be constructed on the lots. The report shall also recommend any special precautions required for erosion control, and the prevention of sedimentation or damage to off-site property.

If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, or environmental impacts, a subsequent soils investigation of each parcel in the subdivision may be required and submitted to the city engineer before approval of a parcel or final map.

Preliminary Soils Report Waiver. The preliminary soils report may be waived if the city engineer determines that existing available information on the qualities of the soils of the subdivision makes no preliminary analysis necessary.

Final Soils Report. A final soils report prepared by a registered civil engineer shall be required where a preliminary soils report was required, unless the final report is waived by the city engineer.

Two copies of the final soils investigation and report shall be filed with the improvement plans.

The report shall contain sufficient information to ensure compliance with all recommendations of the preliminary soils report and the specifications for the project.

The report shall also contain information relative to soils conditions encountered which differed from that described in the preliminary soils reports, along with any corrections, additions or modifications not shown on the approved plans.

Geologic Investigation and Report. If the city engineer determines that conditions warrant, a geologic investigation and report may also be required.

(Ord. 1308 § 5, 2000)

§ 21.80.060 Seismic hazards report.

A seismic hazards report shall be prepared by the developer and submitted to the city engineer together with the fee required by the council. The report shall be reviewed by a city-designated geotechnical engineer or other approved reviewer.

(Ord. 1308 § 5, 2000)