Resolution Number 76-7-7-4z
RESOLUTION NO. 76-7-7-4
WAIVER OF VARIANCE FEES
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, WAIVING
THE PAYMENT OF FEES FOR THE APPLICATION FOR
VARIANCES TO PERMIT MINOR ENCROACHMENTS OF
FENCES INADVERTENTLY BUILT WITHIN SET BACK LINES
WHEREAS, a number of residents of Tracts 6742 and 7112
(Sun Ranch) in the City of San Juan Capistrano have by excuseable
neglect, inadvertence and mistake built their fences within set
back lines established by the Land Use Management Code; and
WHEREAS, the Land Use Management Code has established
procedures and fees for the submission of applications for
variances and deviations from the aforesaid regulations; and
WHEREAS, the City Council of the City of San Juan
Capistrano has found and determined that the number of fences in
Tracts 6742 and 7112 (Sun Ranch) were unintentionally built
within the aforesaid restricted set back line by the original
occupants of the residences within said tract; and
WHEREAS, the City Council further believes that similar
minor encroachments are likely to occur in other new subdivisions
within the City of San Juan Capistrano; and
WHEREAS, the City Council further finds and determines
that such minor encroachments arising because of unintentional
and excuseable mistakes of residents of newly constructed tract
homes in the City of San Juan Capistrano constitute unique
circumstances which merit the special consideration of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of San Juan Capistrano that the fee established by the
Land Use Management Code, as amended, for the submission of
applications for variances necessitated by minor encroachments
of fences within set back lines established by the aforesaid
LUMC by the excuseable neglect, mistake and inadvertence
of the occupants of residences within newly constructed tracts
within the City of San Juan Capistrano be and is hereby waived.
PASSED, APPROVED AND ADOPTED this 7th day of July,
19761 by the following vote, to wit:
AYES: Councilmen McDowell, Friess, Heckscher
and Mayor Nash
NOES: None
ABSTAIN: Councilman Sweeney
ABSENT: None
F /�Y
DOUGLAS B ASH, MAYOR
ATTEST:
CITY CLER
STATE OF/CALIFORNIA )
COUNTY OF ORANGE
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. 76-7-7-4 , adopted by the
City Council of the City of San Juan Capistrano, California, at a
regular meeting thereof held on (theme ,7th day of July, 1976.
(SEAL) MARY 7HANOVER, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
AFFIDAVIT OF POSTING
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; J
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 74-1-28-4,'and on the 13th day of July ,
197 6 she caused to be posted:
• RESOLUTION NO. 76-7-7-4
being:
WAIVER OF VARIANCE FEES
in three (3) public places in the City of San Juan Capistrano,
to wit:
The Administration Building;
The Post Office;
The Orange County Public Library.
MARY ANN HANOVER, City Clerk'
San Juan Capistrano, California
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