Ordinance Number 329ORDINANCE NO. 329
DEVELOPMENT FEES AND BONDS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING FEES, SECURITY, AND
PROVIDING FOR THE COLLECTION THEREOF, AMENDING
ORDINANCE NO. 293
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 2.3.18 of Ordinance No. 293 is
hereby amended to read as follows:
Section 2.3.18 Fees and Bonds
A. FEES:
1. Application Fees. Each developer, as hereinafter
defined, shall, concurrently with each submission,
pay filing fees for the following:
a. Tentative Map and/or Tentative Parcel Map.
b. Construction Plans.
C. Final Map, Parcel Map, Report of Survey.
d. Commercial, Industrial, or Residential Site
Plan and/or Grading Plan (to include single
lot development).
e. Environmental Impact Report.
f. Application for Zone Change.
g. Application for Conditional Use Permit.
h. Application for Variances.
i. Application for Erection of a Sign.
j. Appeal of Planning Commission Action.
k. Request for General Plan Amendment.
1. Request for Tree Removal.
M. Building Improvements or Additions when the
value of improvements is equal to or exceeds
508 of the value of the existing building.
2. In addition, each developer shall, as a condition
of approval of any application enumerated in
Subparagraph 1 above, pay:
a. Plan Checking Fees.
b. Inspection Fees.
C. Sewer Connection Fees.
d. Drainage Fees.
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e. Administrative Permit Fee.
f. Park and Recreation Fees.
g. Agricultural Preservation Fees.
B. Deposits. Any person making applications for
street cuts or the construction of a swimming
pool shall also be required to make a security
deposit pursuant to terms and conditions
established by the City Council by resolution.
C. Bonds:
1. The following bonds shall be required as a
condition to development and/or construction:
a. Performance Bond.
b. Labor and Material Bond.
C. Monumentation Bond.
d. Development Obligation Bond.
D. Establishment of Fees by Resolution:
The City Council shall,from time to time,
establish the amount of fees herein authorized
by resolution and may, as a part of such resolution,
include specific administrative guidelines for the
collection thereof.
E. Payment of Fees:
Unless specifically waived by the City Council all
fees shall be paid prior to the granting of any
approval, issuing of any permit or taking of any
other action requiring the payment of fees.
F. Surety Device in Lieu of Bonds:
The City Engineer may accept an indemnity, surety
or guaranty in lieu of a bond as provided in
Paragraph B herein, provided that the City has
direct and absolute access to the obligated funds
and that no action of the developer can deter or
terminate said access to these funds without
approval of the City Council.
G. Fees Required by Other Agencies:
Fees required by an agency retained by the City
shall be paid in accordance with that agency's
regulations. Where there is a conflict, the
provisions of this Ordinance shall prevail.
H. Definitions:
1. For purposes of this Ordinance, the following
definitions shall apply:
a. Bond, Performance: a document obligating
funds for the purpose of insuring
faithful performance of construction
of improvements.
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b. Bonds, Labor and Material: a document
obligating funds for the purpose of
insuring payment of contractors and
material purveyors involved in
constructing improvements.
C. Bond, Monumentation: a document obligating
funds for the purpose of insuring
payment of a Civil Engineer or Land
Surveyor for placing property
monuments.
d. Bond, Development Obligation: a document
obligating funds for the purpose of
insuring performance of a developer
in fulfilling an obligation required
by the City.
e. City: the City of San Juan Capistrano.
f. City Council: the City Council of the City
of San Juan Capistrano, California.
g. City Engineer: that person or his duly
appointed representative appointed
by the City Council of the City of
San Juan Capistrano.
h. Developer: an individual, firm, or corporation
subdividing property and/or constructing
improvements, and/or constructing
building improvements.
i. Deposit, Street Cut: a cash deposit insuring
repair of public rights-of-way
altered during construction.
j. Deposit, Swimming Pool: a cash deposit
insuring repair and cleaning of
public rights-of-way altered during
swimming pool construction.
k. Fee: a payment of funds to the City for the
purposes defined below:
(1) Administrative Permit: administrative
costs of construction permits.
(2) Agricultural Preservation: cost of
preserving agricultural land.
(3) Change of Zone: administrative cost of
zone change.
(4) Commercial or Industrial Site Plan: cost
of staff review of plans.
(5) Conditional Use Permit: administrative
cost of conditional use.
(6) Drainage Fee: pro rated cost of master
plan of drainage facilities.
(7) Environmental Impact Report: cost of
administering and preparing such
reports.
(8) Filing, Tentative Tract Maps and
Tentative Parcel Maps: cost of staff
review.
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(9) General Plan Amendment: cost of staff
administration.
(10) Inspection: cost of staff construction
inspection.
(11) Park and Recreation: pro rated costs of
park construction.
(12) Plan Checking: cost of map plan review
by staff.
(13) Planning Commission Appeal: cost of
administration of appeal.
(14) Sewer Connection: pro rated cost of
sanitary sewer and treatment plant
maintenance and operation.
(15) Sign Permit: cost of staff review and
inspection of signs.
(16) Tree Removal Permit: administrative
cost of tree removal permits.
(17) Variance to Regulation: administrative
costs of request for variance.
1. Site Plan: a plan indicating all of the
improvements proposed on a property
(to include grading, street, building,
utilities, and landscaping).
M. surety Device: a financial obligation whereby
the City has direct access to funds
deposited by a developer to insure a
specific action (see Bonds).
n. Value, Building or Improvement: the cash value
of a building or improvement as
determinted by the City Engineer in
accordance with the building
regulations as adopted by the City.
SECTION 2. Repeal. Any and all ordinances, resolutions,
or master plans or portions thereof not consistent with the provisions
of this Ordinance are hereby repealed on the effective date of this
Ordinance.
SECTION 3. Effective Date. This Ordinance shall take
effect and be in force 30 days after its passage.
SECTION 4. 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 3rd day of
August , 1977, by the following vote, to wit:
AYES: Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: None
YV O. HECKSCHER, MAYOR
ATTEST:
CITY CLERK -4-