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Ordinance Number 11141 O 1114 ORDINANCE NO. 1114 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SPECIFIC SECTIONS OF TITLE 8 OF THE SAN JUAN CAPISTRANO REGARDING THE 2022 CALIFORNIA BUILDING CODE AND 2022 CALIFORNIA RESIDENTIAL CODE AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the California Building Standards Commission adopted amendments to the California Building Standards Codes in 2022; and WHEREAS, California Health & Safety Code Sections 17958 et seq., and 18941.5 authorize cities and counties to modify the California Building Standards Codes by adopting more restrictive standards and modifications if such standards and modifications are accompanied by express findings that they are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, on February 7, 2023 via Ordinance No. 1108, the City Council adopted amendments to the Building Standards Code in Title 2 of the San Juan Capistrano Municipal Code in accordance with California Health & Safety Code Sections 17958 et seq., and 18941.5 to decrease the number of potential incidence of property damage, injury and death due to fires and earthquakes that were determined to be reasonable and necessary to mitigate local climatic, geological, or topographical conditions; and WHEREAS, it has come to the attention of the City Council that the aforementioned amendments to the Building Standards Code inadvertently omitted language pertaining to the time limitations of applications and permits along with the processes for renewing said authorizations; WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred, including the introduction and first reading of the ordinance by the City Council on September 5, 2023, a notice of the public hearing for adoption of the ordinance being published on September 7 and September 14, 2023, and a public hearing on the proposed ordinance being conducted by the City Council on October 3, 2023; and WHEREAS, the City Council desires to reinstate the omitted language described below to contribute to a more efficient and effective permitting process within the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. CEQA The City Council finds that this Ordinance is not a “project” subject to the California Environmental Quality Act (“CEQA”). The Ordinance does not qualify as a project because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § 15378, subd. (a).) The language merely reinstates language inadvertently omitted from the City’s Building and Residential Codes regarding the time limitations of applications and permits as well as the process for renewing said authorizations. 2 O 1114 In the alternative, the City Council finds that the Ordinance falls within the “common sense” exemption set forth in State CEQA Guidelines section 15061, subdivision (b)(3), which exempts activity from CEQA where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Here, it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because these amendments merely reinstate language regarding the application and permitting process; accordingly, the Ordinance will not result in any development or in any new activity with the potential to impact the environment. The City Council hereby directs staff to prepare, execute and file a Notice of Exemption within 5 working days of the passage and adoption of this ordinance. Section 2. Recitals The above recitals are true and correct and are incorporated herein by this reference. Section 3. Amendments, Additions, and Deletions to 2022 California Building Code. Section 8-2.02 of Chapter 2, Title 8, of the San Juan Capistrano Municipal Code entitled "Amendments to the 2022 California Building Code” is hereby amended to read as follows: (3)Section 105.3.2, “Time limitation of Application” is hereby amended to read as follows: 105.3.2 An application for a permit for any proposed work shall expire one calendar year after the date of filing unless a permit is issued or a request to extend this one- year period is submitted prior to the expiration date and approved by the Building Official, and further provided that the adopted codes have not changed from the date of initial application submittal. The Building Official is authorized, but is not required, to grant one or more extensions of time not exceeding 180 calendar days per extension. An extension request shall be in writing with justifiable cause demonstrated by the applicant. (4)Section 105.5, “Expiration,” is hereby amended to strike Section 105.5.1 in its entirety and for Section 105.5. to read in its entirety as follows: 105.5 A permit for any proposed work shall expire one calendar year after the date of issuance unless the work authorized by such permit is commenced or a request to extend this one-year period is submitted prior to the expiration date and approved by the Building Official. The Building Official is authorized, but is not required, to grant one or more extensions of time not exceeding 180 calendar days per extension. An extension request shall be in writing with justifiable cause demonstrated by the applicant. Permit renewal after expiration. Before work can reconvene after a permit expires, a new permit shall first be obtained to do so, and the fee shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit, after having expired one year or longer, if there are changes to the original design or if the original permit was issued under a previous code cycle, the 3 O 1114 permittee shall pay all new fees and submit plans for review under the latest adopted codes. Section 4. Amendments, Additions, and Deletions to 2022 California Residential Code. Section 8-17.01 of Chapter 17, Title 8, of the San Juan Capistrano Municipal Code entitled "Adoption of the 2022 California Residential Code” is hereby amended to read as follows: (4)Section 105.3.2, “Time limitation of Application” is hereby amended to read as follows: 105.3.2 An application for a permit for any proposed work shall expire one calendar year after the date of filing unless a permit is issued or a request to extend this one- year period is submitted prior to the expiration date and approved by the Building Official, and further provided that the adopted codes have not changed from the date of initial application submittal. The Building Official is authorized, but is not required, to grant one or more extensions of time not exceeding 180 calendar days per extension. An extension request shall be in writing with justifiable cause demonstrated by the applicant. (5) Section 105.5, “Expiration,” is hereby amended to strike Section 105.5.1 in its entirety and for Section 105.5. to read in its entirety as follows: R105.5 A permit for any proposed work shall expire one calendar year after the date of issuance unless the work authorized by such permit is commenced or a request to extend this one-year period is submitted prior to the expiration date and approved by the Building Official. The Building Official is authorized, but is not required, to grant one or more extensions of time not exceeding 180 calendar days per extension. An extension request shall be in writing with justifiable cause demonstrated by the applicant. Permit renewal after expiration. Before work can reconvene after a permit expires, a new permit shall first be obtained to do so, and the fee shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit, after having expired one year or longer, if there are changes to the original design or if the original permit was issued under a previous code cycle, the permittee shall pay all new fees and submit plans for review under the latest adopted codes. Section 5. Effective Date In accordance with Government Code Section 36937, this Ordinance shall become effective thirty (30) days after its adoption by the City Council. 4 O 1114 Section 6. Severability If any provision of this ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof. Section 7. Certification The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of San Juan Capistrano, California within fifteen (15) days of its adoption. The City Clerk shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933. Section 8. Custodian of Records The documents and materials that constitute the record of proceedings for this Ordinance are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California 92675. The City Clerk is the custodian of records for the record of proceedings. PASSED AND ADOPTED at a regular meeting of the City Council of the City of San Juan Capistrano held on the 3rd day of October 2023. HOWARD HART, MAYOR ROLL CALL: MARIA MORRIS, CITY CLERK 5 O 1114 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 1114 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 5th day of September 2023 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 3rd day of October 2023 by the following vote, to wit: AYES: COUNCIL MEMBERS: Bourne, Campbell, Taylor, Farias, and Mayor Hart NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None _____________________________________ MARIA MORRIS, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933(1) of the State of California, on the 6th day of September 2023, at least 5 days prior to the adoption of the ordinance, I caused to be posted a certified copy of the proposed ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SPECIFIC SECTIONS OF TITLE 8 OF THE SAN JUAN CAPISTRANO REGARDING THE 2022 CALIFORNIA BUILDING CODE AND 2022 CALIFORNIA RESIDENTIAL CODE AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT This document was posted in the Office of the City Clerk ________________________________ MARIA MORRIS, CITY CLERK San Juan Capistrano, California 6 O 1114 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that in compliance with State laws, Government Code section 36933(1) of the State of California. On the 4th day of October 2023, I caused to be posted a certified copy of Ordinance No. 1114, adopted by the City Council on October 3, 2023, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SPECIFIC SECTIONS OF TITLE 8 OF THE SAN JUAN CAPISTRANO REGARDING THE 2022 CALIFORNIA BUILDING CODE AND 2022 CALIFORNIA RESIDENTIAL CODE AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT This document was posted in the Office of the City Clerk ________________________________ MARIA MORRIS, CITY CLERK San Juan Capistrano, California