Ordinance Number 324439
ORDINANCE NO. 324
INSPECTION AND APPROVAL OF PRIVATE IMPROVEMENTS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AUTHORIZING THE CITY ENGINEER TO
INSPECT, PLAN CHECK, COLLECT FEES, AND REQUIRE
BONDING FOR PRIVATE IMPROVEMENTS
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOW:
SECTION 1. Authority of City Engineer. That to
insure compliance with conditions of approval and conformance
with the construction standards adopted by the City of
San Juan Capistrano in the construction of private improvements,
the City Engineer shall have the authority and responsibilities
specified below:
A. The City Engineer shall inspect the construction
of private streets, alleys, parking lots and common
parking areas. The City Engineer shall coordinate
such inspection with the County of Orange Environmental
Management Agency, Regulation Division, hereinafter
designated as "EMA". The City Engineer shall insure
that the EMA does not inspect those improvements
to be inspected by the City.
The City Engineer shall review, cause to be
modified, and approve all plans for private streets,
alleys, parking lots and common parking areas. The
City Engineer shall coordinate such plan review
authority with the EMA. The City Engineer shall
insure that the EMA does not review, cause to be
modified, and/or approve those plans or portions
of plans designated for City plan review.
It is not the intent of this Ordinance to commence
City plan review and inspection of grading and
building plans and construction. Only under
exceptional conditions and as considered necessary
and efficient by the City Engineer, the City may
assume responsibility for plan review and inspection
of plans and construction for private improvements
not specified in Section 1.A. herein.
SECTION 2. Fees and Bonding Requirements. The City
Engineer shall collect fees and require bonding for private
improvements as specified below:
A. Plan checking fees and inspection fees shall be
paid prior to approval of plans. The amount of
the fees shall be determined in the same manner as
specified for public improvements and as authorized
by Ordinance No. 293 (Land Use Management Code) and
the Resolution, therein authorized and duly
establishing the amount of fees.
The City Engneer shall insure that fees are not
collected by the EMA for plan review and inspection
of private improvements for which the City has
collected fees.
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A performance bond or surety device acceptable to
the City Engineer shall be given to the City prior
to approval of plans. The amount of the bond or
surety device shall be equal to the estimated
construction cost of the private improvement subject
to City plan review and inspection as determined by
the City Engineer.
This bond or surety device shall be held by the
City until formal approval of the improvements by
the City and written acceptance of the improvements
is received from the person, persons, or
organizations responsible for the maintenance of
the private improvements subject to City plan review
and inspection. The City Engineer shall insure that
bonds are not required by the EMA for private
improvements for which the City has required this
performance bond or surety device.
SECTION 3. Definitions. For purposes of this Ordinance,
the following definitions shall apply:
ALLEY - A traveled way as defined in Ordinance No. 293
which is not to be dedicated to the City of
San Juan Capistrano.
APPROVAL, FORMAL - A minute action of the City Council of
the City of San Juan Capistrano confirming that
improvements have been constructed to the satisfaction
of the City Engineer.
ACCEPTANCE, WRITTEN - A written notification that
improvements have been constructed to the satisfaction
of the City Engineer and that the improvements are
accepted for maintenance responsibilities.
CITY - City of San Juan Capistrano.
CITY ENGINEER - That person designated as the City
Engineer for the City of San Juan Capistrano or
his duly appointed representative.
IMPROVEMENTS, PRIVATE - Any facilities being constructed,
improved, or planted that are not within a public
right of way or easement and are not intended for
dedication to the City of San Juan Capistrano.
INSPECTION - The physical review of construction and
building activity by the City Engineer intended to
insure compliance with City standards for use of
materials and construction methods.
PARKING LOT - An area improved for the purpose of
vehicular parking not to be dedicated to the City
of San Juan Capistrano.
PARKING AREA, COMMON - An area improved for residential
parking held in common ownership by a minimum
number of two persons and not the City of San Juan
Capistrano.
PLANS - Drawings depicting proposed construction activity.
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PLAN REVIEW - The act of checking plans for conformance
with City standards and requiring necessary changes
to meet this conformance.
PRIVATE STREET - A traveled way serving more than one
property or use that is not to be dedicated to
the City.
SURETY DEVICE - A means of providing financial insurance
that obligated improvements are constructed to City
standards. The City shall have direct access to
funds in the amount specified.
SECTION 4. This Ordinance shall take effect and be in
force 30 days after its passage.
SECTION 5. The City Clerk shall certify to the adoption
of this Ordinance and cause the same to be posted in the duly
designated posting places within the City of San Juan Capistrano
within 15 days after its passage.
PASSED, APPROVED AND ADOPTED, this 15th day of
June , 1977, by the following vote, to wit:
AYES: Councilmen Sweeney, McDowell, Nash,
and Mayor Heckscher
NOES: None
ABSENT: Councilman Friess
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O. HECK HER, MAYOR
ATTEST:
CITY CLE
X
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Ordinance No. 324 , which was
introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on June 1 , 1977 , and adopted at
a meeting held on June 15 , 1977 .
(SEAL)
MARY AN"ANOVER, CITY CLERK
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