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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. -1- 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. -2- 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. -3- (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-