Chapter 9.76 — IMPROVEMENTS, MONUMENTATION AND SECURITY

Sec. 9.76.005. - Improvements required.

(a)

The subdivider shall improve or agree to improve all land shown on the final tract or parcel map in compliance with the requirements of the approved tentative map in such a manner and with such improvements as are necessary for the general use of the lot or parcel owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final tract or parcel map.

(b)

The subdivider may be required to improve or agree to improve those dedications which are necessary or convenient to ensure conformity to or implementation of the general plan.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.76.010. - Subdivisions of four or less parcels.

(a)

Required improvements shall be noticed by a certificate on the final parcel map. Except as otherwise specified in section 9.76.010(c), the certificate shall include a requirement for fulfillment of such improvements prior to issuance of any building permit or other grant of approval for development of the parcel, or for installation of the improvements at such earliest time as provided in the agreement.

(b)

The agreement required by section 9.76.025 shall be entered into prior to the county surveyor's approval of the parcel map for recordation, or prior to granting a waiver of the parcel map. Except as otherwise specified in section 9.76.010(c), the agreement shall provide for installation of the improvements prior to the granting of any building permit or other grant of approval for development of the parcel, or for the installation of the improvements at such earlier time as provided in the agreement.

(c)

The requirements for installation of the improvements prior to issuance of building permits may be omitted from a parcel map when such a requirement is not a condition of approval of the parcel map.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.76.015. - Standards.

Improvements shall be designed and constructed in accordance with the standards of design contained in Division 6 of this article, the standard plans, and any other applicable standards adopted by the Mission Viejo City Council.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.76.020. - Improvement plans.

All improvement plans of improvements to be installed within or supplemental to the final tract or parcel map must be approved by the appropriate agency(s) prior to approval of the final tract or parcel map.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.76.025. - Agreements in lieu of improvements.

If any improvements are not completed satisfactorily or any monuments not set before the final tract or parcel map is approved, the subdivider shall enter into an agreement with the city manager whereby, in consideration of the approval by the city council of the final tract or parcel map, the subdivider agrees to perform and to furnish the equipment and material necessary to complete the required work within the time specified in the agreement. Such agreement shall be accompanied by security as provided in section 9.76.035 (Improvement security) and 9.76.045 (Monumentation).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.76.030. - Plan checking, engineering and inspection fees.

Subdivider(s) submitting detailed plans and specifications for approval required by section 9.76.020 shall pay plan checking, engineering, and inspection fees as established by resolution of the city council.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.76.035. - Improvement security.

Security in the form specified by Subdivision Map Act and acceptable to the city engineer and city attorney in their sole discretion shall be furnished with every improvement agreement. The amount of the security shall be as follows:

(a)

If bonds are furnished by a corporate surety acceptable to the City of Mission Viejo:

(1)

A performance bond in the amount of 100 percent of the estimated cost of the improvement.

(2)

A payment bond in the amount of 100 percent of the estimated cost of the improvement.

(b)

If money, instrument of credit or negotiable bonds are furnished, 100 percent of the estimated cost of the improvement. Said money, instrument of credit or negotiable bonds shall apply to both faithful performance and payment to the contractor, subcontractors, laborers, materialmen and other persons employed in the performance of the agreement.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.76.040. - Release of security.

The city engineer shall release subdivision security in accordance with the provisions of the Subdivision Map Act.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

Monuments shall be set for each tract and parcel map in accordance with the provisions of the Subdivision Map Act and in accordance with the rules and procedures approved by the county surveyor.

(b)

The agreement referred to in section 9.76.025 shall be accompanied by security in the sum not less than the cost of setting such monuments.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.76.050. - Extension of time.

The city engineer is authorized to grant an extension of time to the agreement as specified in section 9.76.025, if in his opinion a delay in the completion of the improvements is justified and the delay will not cause substantial inconvenience to the general public.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

CHAPTER 9.77. - FEES IN LIEU OF DEDICATION OR IMPROVEMENT

Sec. 9.77.005. - Local park fees.

Local park fees shall be paid as required by chapter 9.85 (Local Park Code).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.77.010. - Drainage fees.

(a)

The city council may, from time to time after a public hearing and written notice to the owners of property therein, adopt master plans of drainage for various areas of the city. Such plans shall contain an estimate of the total costs of constructing the local drainage facilities required by the plan and a map of the area showing its boundaries and the location of the planned facilities.

(b)

Upon filing of a final tract or parcel map and as a condition of approval of said final tract or parcel map, a drainage fee shall be paid to the city engineer for deposit in a local drainage facilities fund in the amount set forth in the legislative action adopting and establishing a master plan of drainage, if any, within which any portions of the subdivision may lie. Such charges and fees collected as a condition of subdivision approval shall hereinafter be referred to as drainage fees. In the event local drainage facilities are being constructed by the subdivider in conjunction with the subdivider's improvements, an agreement to construct said local drainage facilities may be accepted in lieu of part or all payment of drainage fees.

(c)

The funds derived from the drainage fees shall be used for purposes of defraying the cost of designing and constructing planned local drainage facilities for the removal of surface and storm waters from the local drainage area described in such master plan of drainage.

(d)

The city council, in adopting a master plan of drainage, shall find and determine that the subdivision and development of property will require construction of the facilities described in said master plan and that the drainage fees are fairly apportioned within the local drainage area, both on the basis of benefits conferred

on property proposed for subdivision and on the need for local drainage facilities within such area which would be assessable on such property if such costs were apportioned uniformly on a per-acre basis.

(e)

The fee as to any property proposed for subdivision within an area covered by a master plan of drainage shall not exceed the pro rata share of the amount of the total estimated cost of all facilities within such area which would be assessable on such property if such costs were apportioned uniformly on a per-acre basis.

(f)

Drainage fees required by this section shall be paid into a local drainage facilities fund. A separate fund shall be established within each local drainage area. Moneys in such funds shall be expended for engineering and administrative services to obtain construction; engineering and administrative services to obtain design of local drainage facilities by a duly registered civil engineer of those local drainage facilities within the planned local drainage area from which the fees comprising the fund were collected.

(g)

At the discretion of the city council, rights-of-way dedication, actual construction and design by a duly registered civil engineer, and payment of plan check, engineering and inspection fees for the improvement of local drainage facilities described in a duly adopted master plan of drainage may be accepted in lieu of the payment of drainage fees.

(h)

Moneys may be advanced by the city from its general fund or other sources to pay the cost of local drainage facilities within a local drainage area having a duly adopted master plan of drainage, and subsequently such moneys advanced may be reimbursed from the local drainage facilities fund for the local drainage area in which the drainage facilities described in the master plan were constructed.

(i)

When required for the implementation of a duly adopted master plan of drainage to provide adequate drainage for a subdivision, an agreement may be entered into between the subdivider and city whereby the subdivider may advance funds for local drainage facilities within a local drainage area, provided that the sole security for payment of funds or other consideration advanced shall be moneys subsequently accruing to a local drainage facilities fund for said local drainage area in which the facilities are constructed. Reimbursement shall be for the amount advanced only and shall not include interest or other charges.

(j)

After completion of the facilities and the payment of all claims from any planned local drainage facilities fund, the city council shall determine by resolution the amount of surplus, if any, remaining in any of such funds. Any such surplus shall be used, in such amounts as the city council may determine, for one or more of the following purposes:

(1)

For transfer to the general fund of the city, provided that the amount of such transfer shall not exceed five percent of the total amount expended from the particular fund.

(2)

For the construction of additional or modified facilities within the particular drainage or sanitary sewer area.

(3)

As a refund in the manner provided in subsection (k) below.

(k)

Any surplus remaining in a planned local drainage facilities fund shall be refunded as follows:

(1)

There shall be refunded to the current owners of property for which a fee was previously collected the balance of such moneys in the same proportion which each individual fee collected bears to the total of all individual fees collected from the particular drainage or sewer area.

(2)

Where property for which a fee was previously collected has subsequently been subdivided into more than one lot, each current owner of a lot shall share in the refund payable to the owners of the property for which a fee was previously collected in the same proportion which the area of each individual lot bears to the total area of the property for which a fee was previously collected.

(3)

There shall be transferred to the general fund of the city any remaining portion of the surplus which has not been paid to or claimed by the persons entitled thereto within two years from the date either of the completion of the improvements or the adoption by the city council of a resolution declaring a surplus, whichever is later to occur.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.77.015. - Major thoroughfare and bridge fees.

(a)

A subdivider, as a condition of approval of a final or parcel map, or a building permit applicant, as a condition of issuance of a building permit, shall pay a fee as hereinafter established to defray the costs of constructing bridges over waterways, railways, freeways and canyons, or constructing major thoroughfares.

(b)

Definitions.

(1)

The term "construction" as used in this section includes preliminary studies, design, acquisition of right-ofway, administration of construction contracts, and actual construction.

(2)

The term "major thoroughfare" means those roads designated as transportation corridors and major, primary, secondary, or commuter highways on the master plan of streets, the circulation element of the general plan. The primary purpose of such roads is to carry through traffic and provide a network connecting to the state highway system.

(3)

"Bridge facilities" mean those locations identified in the transportation or flood control provisions of the circulation element or other element of the general plan as requiring a bridge to span a waterway, a railway, freeway, or canyon.

(4)

"Area of benefit" means a specified area wherein it has been determined that the real property located therein will benefit from the construction of a major thoroughfare or bridge project.

(c)

The provisions herein for payment of a fee shall apply only if the major thoroughfare or bridge facility has been included in an element of the general plan adopted by the city council at least 30 days prior to the filing of a map or application for a building permit and on land located within the boundaries of the area of benefit.

(d)

Payment of fees shall not be required unless any major thoroughfares are in addition to, or a widening or reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit.

(e)

Payment of fees shall not be required unless any planned bridge facility is a new bridge serving the area or an addition to an existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit.

(f)

Action to establish an area of benefit may be initiated by the city council upon its own motion or upon the recommendation of the director of public works. The proposal will be forwarded to the planning commission for its review and recommendations at a regular, adjourned or special meeting. The planning commission's comments and recommendations and the director of public work's report shall be transmitted to the city council. The city council will set a public hearing for each proposed area benefitted. Notice of the time and place of said hearing including preliminary information related to the boundaries of

the area of benefit, estimated costs and the method of fee apportionment shall be given in the following manner:

(1)

If there are 100 or fewer property owners within the proposed area of benefit, notice shall be given at least ten calendar days before the hearing by first-class mail addressed to each property owner within the boundary of the proposed area of benefit.

(2)

If there are more than 100 property owners within the proposed area of benefit, notice shall be given at least ten calendar days before the hearing by the following:

a.

Notice published at least once in a newspaper of general circulation within the proposed area of benefit.

b.

Notices posted throughout the proposed area of benefit with at least three notices posted at arterial highway intersections within the proposed area of benefit.

c.

Notices sent by first-class mail to all known Homeowners Associations within the proposed area of benefit.

d.

Notice by first-class mail to any person who has filed a written request therefor with the director of community development. Such request shall apply for the calendar year in which it is filed.

(g)

(1)

At the public hearing the city council will consider the testimony, written protests, and other evidence. At the conclusion of the public hearing the city council may, unless a majority written protest is filed and not withdrawn as specified in subsection (g)(3), determine to establish an area of benefit. If established, the city council shall adopt a resolution describing the boundaries of the area of benefit, setting forth the cost, whether actual or estimated, and the method of fee apportionment. A certified copy of such resolution shall be recorded with the County Recorder of Orange County.

(2)

Such apportioned fees shall be applicable to all property within the area of benefit and shall be able as a condition of approval of a final map or as a condition of issuing a building permit for such property or portions thereof. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the city council shall make provisions for payment of the share of improvement cost apportioned to such lands from other sources.

(3)

Written protest will be received by the city clerk at any time prior to the close of the public hearing. If written protests are filed by the owners of more than one-half of the area of the property to be benefitted by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented by the protests to less than one-half of the area to be benefitted then the proposed proceedings shall be abandoned, and the city council shall not, for one year form the filing of said written protests, commence or carry on any proceedings for the same improvement under the provisions of this section. Any protests may be withdrawn by the owner making the same, in writing, at any time prior to the close of the public meeting.

(4)

If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of this section to construct that portion of the improvement so protested against shall be barred for a period of one year, but the city council shall not be barred from commencing new proceedings not including any part of the improvement so protested against. Such proceedings shall be commenced by a new notice and public hearing as set forth in subsection (f) above.

(5)

Nothing in this section shall prohibit the city council, within such one-year period, from commencing and carrying on new proceedings from the construction of an improvement or portion of improvements so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefitted are in favor of going forward with such improvement or portion thereof.

(h)

Fees paid pursuant to this section shall be deposited in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility project or each planned major thoroughfare project. If the area of benefit is one in which more than one bridge or major thoroughfare is required to be constructed, a separate fund may be established covering all of the bridge projects or major thoroughfares in the area of benefit. If the area of benefit encompasses one or more bridges and one or more thoroughfares and all lands within the area of benefit are subject to the same proportionate fee for all bridges and thoroughfares, a single fund may be established to account for fees paid. Moneys in such fund shall be expended solely for the construction or reimbursement for construction of the improvements serving the area to be benefitted and from which the fees comprising the fund were collected, or to reimburse the City of Mission Viejo for the costs of constructing the improvement.

(i)

The city council may approve the acceptance of considerations in lieu of the payment of fees established herein.

(j)

The city council may approve the advancement of money from the general fund or road fund to pay the costs of constructing the improvements covered herein and may reimburse the general fund or road fund

for such advances from planned bridge facility or major thoroughfare funds established pursuant to this section.

(k)

If the subdivider, as a condition of approval of the subdivision, is required or desires to construct a bridge or major thoroughfare, the city council may enter into a reimbursement agreement with the subdivider. Such agreement may provide for payments to the subdivider from the bridge facility or major thoroughfare fund covering that specific project to reimburse the subdivider for costs not allocated to the subdivider's property in the resolution establishing the area of benefit. If the bridge or major thoroughfare fund covers more than one project, reimbursements shall be made on a pro-rata basis reflecting the actual or estimated costs of the projects covered by the fund.

(Ord. No. 98-193, §§ 1—4, 10-19-98)