Resolution Number 11-04-19-01RESOLUTION NO. 11-04-19-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INITIATING CONSIDERATION OF A CODE
AMENDMENT TO RESCIND TITLE 8, CHAPTER 9, HOME WARRANTY
PROGRAM OF THE MUNICIPAL CODE.
WHEREAS, Title 8, Chapter 9, Home Warranty Program of the Municipal
Code was adopted by the City on July 18, 1978 as part of Ordinance 000 adopting a
comprehensive update to the Municipal Code and requires sellers of new residential
dwelling units in subdivisions to provide a three (3) year home warranty to all homeowners
of new homes to insure against faulty workmanship and materials and major construction
defects; and,
WHEREAS, State law, specifically Senate Bill 800, Construction Defect
provisions may provide appropriate and necessary protection to new homeowners in cases
of alleged construction defect through requirements that homebuilders provide new
homeowners with home warranties; and,
WHEREAS, Municipal Code provisions such as Title 8, Chapter 9, Home
Warranty Program which duplicate or overlap State legislative efforts may create additional
unnecessary cost and obstacles to new home development; and,
WHEREAS, The City Council possesses sole legal authority to conduct public
hearings and adopt amendments to the provisions of the Municipal Code and therefore, the
City Council should initiate any potential amendments to the Municipal Code prior to City
staff performing any work related to processing such amendments; and,
WHEREAS, the City Council finds that rescission of Title 8, Chapter 9, Home
Warranty Program merits further study and consideration with respect to recent changes in
State law.
NOW THEREFORE BE IT RESOLVED, that the. City Council of the City of
San Juan Capistrano hereby initiates consideration of a Code Amendment to Title 8,
Chapter 9, Home Warranty Program.
PASSED, APPROVED AND ADOPTED this 19th day of April, 2011.
...... . .. . ...... .
SAM.ALLEVATO, MAYOW
4/19/2011
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss.
CITY OF SAN JUAN CAPISTRANO )
1, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 11-04-19-01 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 19�h day
of April 2011, by the following vote:
AYE&jr / OUNCIL MEMBERS: Freese, Reeve, Taylor, and Mayor pro tem Kramer
NOES F , COUNCIL. MEMBER: None
ABSENT COUNCIL MEMBER: Mayor Allevato
MAgt1 ,:P "W IS, City C rk
2 411912011