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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. -1- 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. -2- X41 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 /G1 " �` \-- 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 -3-