ORDINANCE NO. 2026-
AN ORDINANCE OF THE CITY OF MENIFEE,
CALIFORNIA, AMENDING MENIFEE MUNICIPAL CODE
SECTIONS 7.40.030, 7.80.050, 7.80.060, 7.90.090, AND
7.90.120 TO UPDATE IMPROVEMENT SECURITY
REQUIREMENTS CONSISTENT WITH CALIFORNIA LAW
AND CITY PROCEDURES
WHEREAS, California law contains requirements related to the security of survey monuments, subdivisions, and public works and improvements, including the requirements of Civil Code section 9554 and Government Code sections 66495 et seq. and 66499 et seq.; and
WHEREAS, the City Council of the City of Menifee desires to amend Menifee Municipal Code (MMC) Sections 7.40.030, 7.80.050, 7.80.060, 7.90.090, and 7.90.120 to update security requirements for survey monuments, subdivisions, and public works and improvements consistent with the requirements of applicable law and City policies and practices; and
WHEREAS, the City Council of the City of Menifee has determined that this Ordinance is in the best interests of the citizens of the City and is important to the overall quality of life in the City; and
WHEREAS, the City Council of the City of Menifee has determined that the adoption of this Ordinance is not considered a “project” pursuant to the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (CEQA) and is otherwise exempt from CEQA review pursuant to the “common sense exemption” in Section 15061 of the CEQA Guidelines; and
WHEREAS, on April 1, 2026, the City Council of the City of Menifee held a duly noticed public meeting at which time members of the public had the opportunity to review the documents presented to the City Council and provide oral comments to the City Council concerning this Ordinance.
NOW, THEREFORE, the City Council of the City of Menifee, California, does ordain as follows:
Section 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference.
Section 2.Adoption of Municipal Code Amendment. The City Council of the City of Menifee hereby amends the Menifee Municipal Code as set forth in Exhibit A hereto.
Exhibit A shows the changes to the existing Menifee Municipal Code with underlining of additions and strikeout of deletions.
Section 3. CEQA. The City Council of the City of Menifee finds that this Ordinance is exempt from CEQA pursuant to State CEQA Guidelines Sections 5 1
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6 15060(c)(2) and 15061(b)(3) in that the proposed changes will not result in a direct or reasonably foreseeable indirect physical change in the environment, nor will they have the potential of creating a significant effect on the environment.
Section 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Section 5.Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
Section 6.Notice of Adoption. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code section 36933(a) or, cause this Ordinance to be published in a manner required by law using the alternative summary and posting procedure authorized under Government Code section 36933(c).
This Ordinance was introduced and read on the 1st day of April 2026 and APPROVED AND ADOPTED this 15th of April, 2026.
___________________________
Bob Karwin, Mayor Pro Tem
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
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6 EXHIBIT A
AMENDMENTS TO MENIFEE MUNICIPAL CODE
1. Amendments to Section 7.40.030
§ 7.40.030 SURVEY AND MONUMENTS REQUIRED.
(A) An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor authorized to practice land surveying by the State of California, pursuant to the requirements of the City Engineer. All information required by city standards shall be incorporated into the survey. (B) At the time of making the survey for the final map or parcel map, or within two years from the complete and timely filing of the final map or parcel map, whichever occurs first, the civil engineer or surveyor shall set sufficient durable monuments to conform with the standards of the Map Act and city standards.
(C) The City Engineer may waive the requirements in divisions (A) and (B) of this section for parcel maps at his or her discretion.
(D) Survey monuments require an improvement agreement or survey monument agreement, and monument security consistent with Government Code section 66495 et seq., for any survey monuments and/or tie-ins included in the improvements in the amount of one hundred percent (100%) of the estimated cost of survey monuments and tie-ins. This security shall be a surety bond in a form approved by the City Attorney, a cash deposit with the city or a responsible escrow agent or trust company, at the city’s option, or other form of security, including a lien or other security interest in real property, which the City Manager or designee may, in their discretion, allow, provided they determine that it is equivalent to the foregoing forms of security in terms of security and liquidity. This security shall be released within thirty (30) days of final completion of the work required by the improvement agreement or survey monument agreement as applicable. The city may retain from the security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys’ fees.
2. Amendments to Section 7.80.050
§ 7.80.050 SUBDIVISION IMPROVEMENT AGREEMENTS AND SECURITY.
Pursuant to the Map Act, if any public improvement required as part of the approval of the subdivision will not be completed and accepted in accordance with § 7.80.060 (Completion of Improvements) prior to approval of the final map, the subdivider, at his or her expense, shall be required to enter into a subdivision improvement agreement with the city to complete such public improvements in accordance with § 7.80.060 (Completion of Improvements). Performance of the agreement shall be guaranteed by the security specified in this section. 5 1
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6 (A) The form and content of subdivision improvement agreements shall be approved by the City Attorney. The agreement shall include, but not be limited to, the following minimum terms and conditions:
(1) Construction of all improvements as set forth in the approved plans and specifications.
(2) The maximum period within which all improvements shall be completed to the satisfaction of the City Engineer.
(3) Provisions for inspection of all improvements by the City Engineer and payment of fees by the subdivider for the cost of such inspection and all other incidental costs incurred by the city in enforcing the agreement.
(4) A provision that if the subdivider fails to complete the work within the specified period of time, or any extended period of time that may have lawfully been granted to the subdivider, the city may, at its option, complete the required improvement work and the subdivider and his or her surety shall be firmly bound, under a continuing obligation, for payment of the full cost and expense incurred or expended by the city in completing such work, including interest from the date of notice of the cost and expense until paid. (5) A provision that, in the event of litigation occasioned by a default of the owner or subdivider, his or her successors or assignees, the owner or subdivider, his or her successors or assignees will pay all costs involved, including reasonable attorneys’ fees, and that the same may be recovered as part of a lien against the real property. (6) Additional terms or provisions, as may be necessary, pertaining to the forfeiture, collection, and disposition of improvement security upon the failure of the contracting party to comply with the terms and provisions thereof or with the terms and provisions of this title.
(B) Subdivision improvement agreements shall be valid for a period specified in the agreement, but not to exceed two years from the effective date of the agreement. The City Engineer may, in his or her discretion, extend the term of the subdivision improvement agreement. The agreement shall not only bind the present subdivider, but also his or her heirs, successors, executors, administrators, and assignees, so that the obligation runs with the real property. All agreements shall be executed by all those parties executing the final map or parcel map, with all signatures acknowledged before a notary public, and shall be transmitted by the City Clerk to the Riverside County Recorder concurrently with the final map or parcel map. The agreement shall be recorded upon the title of said real property, in the Office of the County Recorder, at the expense of the subdivider.
(C) Improvement securities shall be required to be posted as a guarantee of the performance of any act, improvement, or obligation required as a condition of approval of any final tract map, parcel map waiver, lot line adjustment, or lot merger. The improvement securities required are:
(1) “Performance security” in the amount of one hundred percent (100%) of the estimated cost of the improvements plus an additional ten percent (10%) warranty which 5 1
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6 shall assure the faithful performance of the agreement including construction of the improvements for a period of one (1) year.
(2) “Payment security” in the amount of one hundred percent (100%) of the estimated cost of the improvements which shall assure the payment of the cost of labor, equipment and materials supplied to construct the improvements, and all other matters required by Civil Code section 9554 or successor provision. (3) If the improvements include the placement, construction, or movement of survey monuments subject to Government Code section 66495 et seq., “monument security” as required by § 7.40.030 (Survey and Monuments Required). (D) Performance security shall conform with Subdivision Map Act section 66499 and may be one or more of the following, subject to approval by the City Engineer and City Attorney.
(1) A cash deposit with the city or a responsible escrow agent or trust company, at the city’s option.
(2) Surety bonds, of the form specified in Subdivision Map Act section 66499.2, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version).
(3) FDIC-insured certificates of deposit, in the city’s name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of “A” or better from a reputable financial institution ranking system. (4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of subparagraph (3), pledging that the funds necessary to carry out the completion of the improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by the city. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of the city and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that the city authorizes its expiration.
(5) A lien upon the subdivided property, if the city finds that it would not be in the public interest to require the installation of the improvements sooner than two (2) years after recordation of the map. The lien shall provide a collateral value of three (3) times the estimated cost of the improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof.
The collateral value of the property shall be established at the subdivider’s expense through an appraisal approved by the city.
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6 (6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the improvements.
(7) For non-profit organizations only, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with the city or in favor of the city, as specified in Government Code section 16430, deposited, at the city’s option, with the city or a responsible escrow agent or trust company.
(8) Any other form of security, including a lien or other security interest in real property, which the City Manager or designee may, in their discretion, allow, provided they determine that it is equivalent to the foregoing forms of security in terms of security and liquidity.
(D) Payment security shall be in the form of a bond executed by an admitted surety insurer and in a form approved by the city and not a deposit in lieu of a bond. (E) Release of security is subject to the following:
(1) Performance security (excluding the warranty retention) shall be released within thirty (30) days of the final completion and acceptance or approval, by the City Council of the improvements.
(2) The City Engineer may authorize a one-time fifty percent (50%) reduction of performance security (minus the warranty retention) as work progresses, upon application by the subdivider. In no event shall performance security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus ten percent (10%).
(3) If the city receives no notice of recorded claims of lien, payment security shall be released in full ninety (90) days after final acceptance and/or approval by the City Council, of the improvements. If the city receives notice of any recorded lien, the provisions of the Subdivision Map Act and other applicable California law shall apply. (4) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. The warranty period shall not commence until final acceptance of all the work and improvements by the City Council pursuant to the agreement. Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all improvements upon application by the subdivider. However, if at the end of the one-year warranty period, there are one or more outstanding requests by the city for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until the subdivider has made other arrangements satisfactory to the City Engineer.
(5) The city may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys’ fees necessary to ensure the subdivider’s compliance with the agreement, and all applicable entitlements and laws.
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6 Unless otherwise provided herein, all such improvement securities shall be provided in one of the following forms, subject to the approval of the City Engineer and the City Attorney:
(1) A bond or bonds by one or more duly authorized corporate sureties substantially in the form prescribed in the Map Act and subject to the approval and acceptance of the City Attorney and City Council.
(2) A deposit with the city of either immediately negotiable bonds or a letter of credit. (3) Any other form of security, including a lien or other security interest in real property, which the City Engineer and the City Attorney may, in their discretion, allow, provided they determine that it is equivalent to the foregoing forms of security in terms of security and liquidity.
(4) Any written contract or document creating security interest established pursuant to division (C)(3) of this section shall be recorded in the Office of the County Recorder.
From the time of recordation, a lien shall attach to the real property described therein, which lien shall have the priority of a judgment lien in the amounts specified. (D) The subdivider shall provide as security to the city:
(1) For performance and guarantee: an amount determined by the City Engineer equal to 100% of the total estimated cost of the improvement to be performed, including grading monumentation. The estimated cost of improvement shall include a 10% contingency and a 10% increase for projected inflation computed to the estimated mid- point of construction.
(2) For payment: an amount determined by the City Engineer equal to 50% of the total estimated cost of the improvement to be performed, excluding grading and monumentation.
(E) Improvement security may be released in whole or in part upon the completion and acceptance of all or part of the act or work by the City Council or the authorized official; provided, however, such release shall not apply to the amount of security deemed necessary by the City Engineer for the guarantee and warranty period, nor to costs and reasonable expense fees, including reasonable attorneys’ fees, incurred by the city in enforcing any improvement agreement. The subdivider shall not be entitled to any reduction in security until all improvements have been completed to the satisfaction of the City Engineer.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)
3. Amendments to Section 7.80.060
§ 7.80.060 COMPLETION OF IMPROVEMENTS.
(A) Public improvements required as a condition of approval shall be completed in accordance with this title, unless they are deferred pursuant to § 7.80.030 (Deferred 5 1
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6 Improvements). The City Engineer shall review and approve any improvement agreement, conduct an inspection, and approve any constructed public improvement necessary to satisfy this provision, with the City Council providing final approval of any agreement or acceptance of any completed public improvement. (B) Once begun, public improvements for a final map, or for a parcel map when required, shall be constructed to completion without interruption. The subdivider shall exercise due diligence to ensure that this provision is met to the satisfaction of the City Engineer. Construction and inspection of public improvements shall be governed by city standards and the requirements of any applicable permit. (C) The City Engineer may release in whole or in part an amount of the applicable securities upon determination that the relevant public improvement is complete. (DC) Notwithstanding any applicable agreement, the ownership of and responsibility for the construction and maintenance of any public improvement is held by the subdivider and shall remain so until such time as the City Council accepts the completed public improvements.
(E) Upon acceptance of a public improvement, a notice of completion for that public improvement shall be filed, and the City Council shall authorize the City Engineer to release applicable securities in whole or in part for that public improvement. This action shall serve to transfer ownership and maintenance responsibility of the public improvement from the subdivider to the city, and to provide full acceptance of the applicable dedication or easement, which acceptance had been contingent upon completion and acceptance of public improvements within said dedication or easement, subject to the terms of any applicable agreement.
(F) Upon acceptance of a public improvement, the public improvement shall be considered to have entered the warranty period. The warranty period shall be a minimum of one year or such period as necessary to ensure that the public improvements are suitable for public ownership and maintenance responsibility, as determined by the City Engineer and accepted by the City Council. A minimum of 10% of the securities shall be retained for the duration of the warranty period.
(GD) Public park facilities shall be completed in accordance with the provisions of this title and to the satisfaction of the Director of Community Services. The City Council shall provide final approval and acceptance of public park facilities and other fee title interests.
4. Amendments to Section 7.90.090
§ 7.90.090 ISSUANCE OF GRADING PERMIT.
(A) Other approvals required before issuance. No grading permit for any development project requiring the approval of the Planning Commission, City Council, or city staff shall be issued until the development project has been approved, and such approval includes approval of a grading concept. All discretionary approvals required by the code for the development project with which the grading permit application is associated must be obtained prior to issuance of the grading permit. All approvals required for the development project or the grading work by other city departments or outside agencies 5 1
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6 shall be the responsibility of and obtained by the applicant prior to issuance of the grading permit. Any code enforcement or other applicable fines must be paid prior to issuance of the grading permit.
(B) Environmentally sensitive areas. No grading permit for any work within close proximity, as determined by the City Engineer/Public Works Director, of an environmentally sensitive area shall be issued unless approved by the City Engineer/Public Works Director in conformance with the project-approved environmental permit.
(C) Grading security. No grading permit shall be issued unless and until the applicant posts the applicable security required under § 7.90.120 (Grading Agreements and Security).
(D) Terms of grading permit. The grading permit shall contain such terms, conditions, and restrictions as are necessary to implement the applicable provisions of this chapter and the code and state or federal law applicable to the work to ensure the work is performed in accordance with the approved plans and geotechnical reports and to protect the public health, safety, and welfare.
(E) Responsibility of permittee. It shall be the responsibility of the permittee to be knowledgeable of and comply with the conditions and/or restrictions of the grading permit as outlined in applicable provisions of this chapter and as contained on the approved plans and in the approved geotechnical report(s). It shall also be the responsibility of the permittee to be knowledgeable of the obvious and accessible location on the site and maintain an on-site copy of the approved plans bearing the stamp or signature of approval by the City Engineer/Public Works Director.
5. Amendments to Section 7.90.120
§ 7.90.120 GRADING AGREEMENTS AND SECURITY.
(A) Requirement for grading agreement and security. Prior to issuance of a grading permit, the permittee shall enter into a grading agreement in a form provided by the city and approved by the City Attorney. The permittee shall, prior to the issuance of a grading permit, post the security required by this section with the city. the security required by this section shall be posted with the city. The security shall guarantee, and the city shall have the right to draw upon such security to satisfy, the following:
(1) Compliance with all applicable provisions of this chapter and the code, state and federal law, and other applicable ordinances, rules, and regulations of the city. (2) Compliance with any and all terms and conditions of the grading permit, grading agreement, and all approved plans.
(3) Completion of the work authorized under the grading permit and the erosion control system(s) to the satisfaction of the City Engineer/Public Works Director and in accordance with the approved plans.
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6 (4) Completion of all emergency and routine maintenance and repair of the erosion control system(s) to ensure the continuous integrity of the system(s) to the satisfaction of the City Engineer/Public Works Director and as may otherwise be required by this chapter.
(5) Restoration and repair of public streets or other public property adversely impacted or damaged or the mitigation of any hazardous condition created by any activity of the permittee or agent of the permittee or any erosion from any site associated with the grading work.
(B) Amount and form of security.
(1) The permittee shall provide “performance security” in the amount of (100%) of the estimated cost of the work to be performed under the permit in a form approved by the City Attorney to ensure compliance with the permit and the grading agreement required for the work. At least twenty five percent (25%) of the performance security, and not less than five thousand dollars ($5,000) shall be in the form of a cash deposit with the city. The remainder of security shall be in a form approved by the City Engineer/Public Works Director and may include any of the forms of performance security permitted by §
7.80.050(C) (Subdivision Improvement Agreements and Security). (2) The permittee shall provide “payment security” in the amount of one hundred percent (100%) of the estimated cost of the work to be performed under the permit in a form approved by the City Attorney to assure the payment of the cost of labor, equipment and materials supplied to construct the work, and all other matters required by Civil Code section 9554 or successor provision. Payment security shall be in the form of a bond executed by an admitted surety insurer and in a form approved by the city and not a deposit in lieu of a bond.
(3) Notwithstanding subparagraphs (1) and (2), where the City Engineer determines that the grading work to be performed is private in nature only and does not include or relate to any public work subject to Civil Code section 9554 or successor provision, then the City Engineer may authorize a performance security and payment security of not less than fifty percent (50%) of the work to be performed under the permit and not less than one hundred percent (100%) of erosion control systems. Security under this subparagraph (3) may be in any form acceptable to the City Engineer/ Public Works Director, provided that at least twenty five percent (25%) of the performance security, and not less than five thousand dollars ($5,000) shall be in the form of a cash deposit with the city.
The amount of the security shall be equal to 50% of the total estimated cost of the work authorized by the grading permit, plus 100% of the total estimated cost of the erosion control system(s) required by the erosion control plan. The permittee's estimate of the cost shall be based on the established unit costs available from the city and shall be subject to the review and approval by the City Engineer/Public Works Director. At least 25% of the required erosion control security, and not less than $5,000, shall be in cash and shall be deposited with the City Engineer/Public Works Director. Please see the city's 5 1
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6 website for more information. The remainder of the erosion control security shall be subject to the approval of the City Engineer/Public Works Director. The form of security can be one or more of the following:
(1) Cash deposit.
(2) Surety bond.
(3) Certificate of deposit.
(4) Letter of credit, in city format, from one or more local financial institution(s) subject to regulation by the state or federal government. (5) Lien on property.
(C) Failure to maintain security. If a permittee fails to maintain the security required by this section, the City Engineer/Public Works Director may revoke the permittee's grading permit without prior notice to the permittee. Any such revocation shall be in writing. (D) Replenishment of cash deposit. The City Engineer/Public Works Director shall notify the permittee of any withdrawal from the permittee's cash deposit. If the costs exceed the balance of the permittee's funds on deposit, the City Engineer/Public Works Director shall cause an invoice to be sent to the permittee demanding payment of the amount by which the costs exceed the permittee's deposit. The permittee shall, within ten days of receipt of such invoice, deposit with the City Engineer/Public Works Director that amount of cash necessary to bring the permittee's deposit up to its original balance. If the permittee fails to pay such amount in full within 30 days from the date of the invoice, the permittee's grading permit shall be automatically revoked. Renewal of the grading permit shall not be completed until the invoice is paid in full. No final grading inspection shall be completed until the permittee has fully satisfied all monetary obligations to the city imposed pursuant to this § 7.90.120(D) (Replenishment of Cash Deposit).
Additionally, no further construction permits, including but not limited to building permits or occupancy permits, shall be issued until such monetary obligations are fully satisfied. (E) Release of security.
(1) Performance security shall be released upon the final completion and acceptance or approval, by the City Engineer/ Public Works Director of the work performed under the permit.
(2) The City Engineer may authorize a one-time fifty percent (50%) reduction of performance security as work progresses, upon application by the permittee. In no event shall performance security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus ten percent (10%). (3) If the city receives no notice of recorded claims of lien, payment security shall be released in full ninety (90) days after final acceptance and/or approval by the City Engineer/Director of Public Works of the work performed under the permit. If the city receives notice of any recorded lien, the provisions of applicable California law shall apply.
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6 (4) Security for erosion control may be retained for up to the later of (a) one (1) year following final approval of the work performed under the permit as a warranty for the post- construction landscaping, stabilization, and erosion control measures, (b) where applicable, until a notice of termination is issued by other governmental authorities with approval authority over the work, including, without limitation, the California and Regional Water Quality Control Boards, and (c) the completion of landscaping improvements associated with the work. The City Engineer / Public Works Director may approve release of security where erosion control is not deemed necessary. (5) The city may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys’ fees necessary to ensure the permittee’s compliance with the grading agreement, and all applicable entitlements and laws.
(1) The security posted to guarantee erosion control may be held for one year after the city's notice of completion as a warranty for the post-construction landscaping, stabilization, and erosion control measures, or where applicable, until a notice of termination is issued by the RWQCB. The City Engineer/Public Works Director may release the security for areas of the project that are substantially completed with permanent landscape and where the City Engineer/Public Works Director has determined that erosion control is not needed.
(2) Security posted to guarantee all work authorized under the grading permit, other than the erosion control system(s), shall be released upon inspection and approval of the work by the City Engineer/Public Works Director.
(3) The City Engineer/Public Works Director shall not release a permittee's security if the permittee has an outstanding monetary obligation to the city or if cleanup or repair of public streets or other public property for which the permittee is responsible has not been completed to the satisfaction of the City Engineer/Public Works Director. (4) The City Engineer/Public Works Director may require the security posted for permittee's erosion control system(s) to remain on deposit with the city throughout the grading of the project and not be released until completion of the landscaping improvements for the associated development project if the City Engineer/Public Works Director determines that due to the nature, configuration, or location of the development project it is in the best interest of the city to retain the erosion control security until the landscaping improvements are complete.