Resolution Number 79-4-18-121'7
RESOLUTION NO. 79-4-18-1
SETTING FORTH LOCAL CONDITIONS JUSTIFYING
AMENDMENTS TO UNIFORM BUILDING CODES, 1976 EDITIONS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, SETTING
FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS
TO THE UNIFORM BUILDING CODE, 1976 EDITION;
THE UNIFORM HOUSING CODE, 1976 EDITION; THE
UNIFORM PLUMBING CODE, 1976 EDITION; AND, THE
UNIFORM MECHANICAL CODE, 1976 EDITION
WHEREAS, Health and Safety Code Section 17958.5 provides
that a City governing body may make such changes or modifications
to the Uniform Building Code, 1976 Edition; the Uniform Housing
Code, 1976 Edition; the Uniform Plumbing Code, 1976 Edition;
and, the Uniform Mechanical Code, 1976 Edition, as are reasonably
necessary because of local conditions; and,
WHEREAS, Health and Safety Code Section 17958.7 requires
the City governing body (City Council) to make express findings
of the necessity for modifications in the Uniform Building Code,
1976 Edition; the Uniform Housing Code, 1976 Edition; the Uniform
Plumbing Code, 1976 Edition; and, the Uniform Mechanical Code,
1976 Edition; and,
WHEREAS, the Supervisor of the Division of Building and
Safety of the City of San Juan Capistrano has recommended that
the Uniform Building Code, 1976 Edition; the'Uniform Housing
Code, 1976 Edition; the Uniform Plumbing Code, 1976 Edition;
and, the Uniform Mechanical Code, 1976 Edition, be adopted by the
City with certain modifications and amendments which are required
by local conditions.
NOW, THEREFORE, BE IT RESOLVED, that the modifications
to the Uniform Building Code, 1976 Edition; the Uniform Housing
Code, 1976 Edition; the Uniform Plumbing Code, 1976 Edition;
and, the Uniform Mechanical Code, 1976 Edition, recommended by
the Supervisor of Building and Safety are hereby expressly found
to be necessary on account of local conditions as follows:
1. Uniform Building Code, 1976 Edition, Ordinance No.
367 of the City of San Juan Capistrano, California.
a. Article 1, Section 2 of Ordinance No. 367.
This Section amends Chapter 1 of the Uniform
Building Code by adding Section 108 which
allows local exemption of incidential
structures and minor improvements from Code
provisions, when expressly so determined.
This amendment is required by local conditions
to insure consistency with other City Historical,
Land Use and Preservation Codes and requirements.
b. Article 1, Section 3 of Ordinance No. 367.
This amends Chapter 1 of the Uniform Building
Code by adding Section 109 which requires
that utility services be installed underground.
This amendment is necessary to comply with
existing local Codes and Ordinances which
require undergrounding of utility services.
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C. Article 1, Section 4 of Ordinance No. 367.
This amends Section 205 of the Uniform Building
Code by specifying the penalties for misdemeanor
conviction. This amendment is required by
local conditions which have resulted in the
establishment of consistent penalty standards.
d. Article 1, Section 5 of Ordinance No. 367.
This amends Section 303 of the Uniform Building
Code by providing the Building Permit Fees
shall be as established by ordinance of the
City Council, and establishing the conditions
pertaining thereto. This amendment is
necessitated by local soil, terrain, weather
and other conditions affecting permits, plan
checks and inspections.
e. Article 1, Section 6 of Ordinance No. 367.
This amends Section 306 of the Uniform Building
Code to require a Certificate of Occupancy on
all buildings and structures, including
residences. This amendment, to include residential
occupancy, is required by local terrain and
climatic conditions which necessitate approval
of all structures prior to occupancy.
f. Article 1, Section 7 of Ordinance No. 367.
This amends Chapter 3 of the Uniform Building
Code by adding Section 307 which requires
that a permit be obtained for plastering, and
establishing a fee therefor. This amendment
is required by local conditions which necessitate
control of plastering.
g. Article 1, Section 8 of Ordinance No. 367.
This amends Section 1604 of the Uniform
Building Code to provide additional special
requirements for construction in brush -
covered areas. This amendment is required by
local topographic and terrain conditions.
h. Article 2, Sections 1 through 23 0£ Ordinance
No. 367.
This Article amends Chapter 70 of the Uniform
Building Code by establishing extensive
additional requirements and regulations
covering grading and excavation. This
amendment is necessitated by extensive local
hillside building lot preparation and
construction, by local highly expansive and
other soil conditions and by other local
requirements to control slope erosion,
failure and slippage.
2. Uniform Housing Code, 1976 Edition, Ordinance No.
369 of the City of San Juan Capistrano, California.
a. Section 4 of Ordinance No. 369.
This Section amends Section 202 of the Uniform
Housing Code to provide that substandard buildings
shall be abated in accordance with the standard
procedures of Chapter 2, as amended, of the
Uniform Building Code. This amendment is required
by local conditions which necessitate uniformity
of organization and enforcement procedures.
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b. Section 5 of Ordinance No. 369.
This Section deletes Section 203 of the Uniform
Housing Code, thereby eliminating a separate
Housing Advisory and Appeals Board. This
amendment is required by local conditions which
do not justify a separate appeals board, and by
other City ordinances which establish the City
Council as the Appeals Board for building matters.
C. Section 6 of Ordinance No. 369.
This Section amends Section 204 of the Uniform
Housing Code by specifying the penalties for
misdemeanor conviction. This amendment is required
by local conditions which have resulted in the
establishment of consistent penalty standards.
d. Section 7 of Ordinance No. 369.
This Section amends Section 401 0£ the Uniform
Housing Code by revising the definition of
Building Code and Health Officer to comply with
local conditions within the City of San Juan
Capistrano.
3. Uniform Plumbing Code, 1976 Edition, Ordinance No.
371 of the City of San Juan Capistrano, California.
a. Article 1, Sections 1 through 15 of Ordinance
No. 371.
These Sections adopt the Uniform Plumbing
Code, provide for its scope and application,
require the issuance of plumbing permits and
establish the conditions and fees pertaining
thereto, and provide for inspection of plumbing
work done thereunder. These purely administrative
provisions are necessitated by local conditions
requiring the preservation of public health
and safety.
b. Article 1, Section 16 of Ordinance No. 371.
This Section amends Section 1004 of the
Uniform Plumbing Code to prohibit the use of
galvanized pipe and devices. This amendment
is required by local soil and climatic
conditions to protect the public health and
safety.
C. Article 1, Section 17 of Ordinance No. 371.
This Section amends Section 1008 of the
Uniform Plumbing Code to prohibit the
installation of ferrous piping. This amendment
is required by local soil and climatic
conditions to protect the public health and
safety.
d. Article 1, Section 18 of Ordinance No. 371.
This Section adds Section 1010 to the Uniform
Plumbing Code to require the use of water -
saving faucets. This amendment is required
by local environmental conditions.
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e. Article 1, Section 19 of Ordinance No. 371.
This Section amends Section 1101 of the
Uniform Plumbing Code to add subsection (g)
which provides that when the provisions of
Chapter 11, "Building Sewers and Private
Sewage Disposal Systems," of the Uniform
Plumbing Code are deemed inadequate, installation
shall be made in accordance with the requirements
for Sanitary Sewer Collection Systems. This
amendment is required by pre-existing local
conditions.
f. Article 1, Section 20 of Ordinance No. 371.
This Section amends Section 1309 of the
Uniform Plumbing Code to require that a water
heater be located within 25 feet of the most
remote hot water fixture. This amendment is
required by local conditions.
g. Article 1, Section 21 of Ordinance No. 371.
This Section adds Appendix "J" to the Uniform
Plumbing Code to require that automatic fire
extinguishing systems, in accordance with
Chapter 38 of the Uniform Building Code, be
installed, and establishing fees therefor.
This amendment is required by local conditions
affecting the fire safety of persons and
property.
4. Uniform Mechanical Code, 1976 Edition, Ordinance No.
368 of the City of San Juan Capistrano, California.
a. Section 2 of Ordinance No. 368.
This Section amends Section 304 of the Uniform
Mechanical Code to provide that permit fees
shall be as required by City ordinance. This
amendment is required by local conditions.
BE IT FURTHER RESOLVED, that the City Clerk shall be and
hereby is authorized and directed to forward, for filing, a copy of
this Resolution, together with the Ordinances adopting the Uniform
Building Code, 1976 Edition; the Uniform Housing Code, 1976 Edition;
the Uniform Plumbing Code, 1976 Edition; and, the Uniform Mechanical
Code, 1976 Edition, as amended, to the State Department of Housing
and Community Development.
PASSED, APPROVED AND ADOPTED this 18th day of
April 1 1979, by the following vote, to wit:
ATTEST:
CITY CLE
AYES: Councilmen Schwartze, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Hausdorfer
,,/ ,, - �r, A,�
KENNETH E. FRIESS, IYOR
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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 Resolution No. 79-4-18-1 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 18th day of
April 1 1979 .
(SEAL)
MARY ANN, OVER, CITY CLERK
G
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City
Clerk of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 79-2-21-7 and on the 20th day of April 1979
she caused to be posted:
RESOLUTION NO. 79-4-18-1
being: SETTING FORTH LOCAL CONDITIONS JUSTIFYING
AMENDMENTS TO UNIFORM BUILDING CODES, 1976 EDITIONS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, SETTING
FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS
TO THE UNIFORM BUILDING CODE, 1976 EDITION;
THE UNIFORM HOUSING CODE, 1976 EDITION; THE
UNIFORM PLUMBING CODE, 1976 EDITION; AND, THE
UNIFORM MECHANICAL CODE, 1976 EDITION
in three (3) public places in the City of San Juan Capistrano,
to wit:
The Administration Building;
The San Juan Hot Springs Dance Hall;
The Orange County Public Library.
CHECK IIST
ORD. NO ... RES. NO- _...._
Mayor has signed
...... Clerk has signed
-.....�- City Seal stamped
All blanks typed'
.Absent.. ...... f S�QY. .....
.Noes" .._ ............::fir.:---- .---_..........-------
.-......:� Typed in Official Record Book
Posted to Classified Cards ,.
...... Copies sent tot
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_..Ge -/.r-". Legal Publication ordered In be published
(date) ....--------- ..-------- - ......... --- ....__.....
No. Affidavits _.._...._.... ------ .---- ..............._......
No. Printed copies required .... ,L.._...............
Remarks ._!SGV:!.._L��fer.....fv...>i1a..._._.- -5-
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MARY A HOVE , City Clerk
San Jua Capistrano, California