Ordinance Number 736013
ORDINANCE NO. 736
AMENDMENT TO TITLE 8 OF THE MUNICIPAL CODE - CONDITIONS
FOR DENIAL SUSPENSION OR REVOCATION OF CERTAIN PERMITS
DURING PERIOD OF OCTOBER 15 THROUGH APRIL 15 MGENCYj
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING CHAPTERS 1 AND 2 OF TITLE 8, BUILDING REGULATIONS, OF
THE SAN JUAN CAPISTRANO MUNICIPAL CODE TO DENY, SUSPEND, OR
REVOKE A PERMIT FOR CONSTRUCTION LIABLE TO CONSTITUTE A
HAZARD TO PUBLIC WELFARE OR DAMAGE PUBLIC OR PRIVATE
PROPERTY (URGENCY)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Code Amendments.
A. Chapter 1 of Title 8 of the San Juan Capistrano Municipal Code is hereby amended
to add Section 8-1.10 thereto to read as follows:
"Section 8-1.10 Denial, Suspension or Revocation.
Section 303(e) of Chapter 3, Permits and Inspections, of the Uniform Building Code is hereby
amended as follows:
Section 303(e) Denial, Suspension, or Revocation. The Building Official may, in writing, deny,
suspend, or revoke a permit issued under the provisions of this code whenever the permit is issued in
error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation
or any provision of this code or whenever the work authorized is liable to constitute a hazard to the
public welfare, or endanger life or any private or public property or result in damages to property. Such
hazard to the public welfare may arise from circumstances involving construction during the permit from
October 15 to April 15, when the following conditions are present:
1. Inadequate street width
2. Inadequate, deteriorated, or damaged street paving.
3. Excessively steep street grade.
4. Inadequate fire flow as determined by the Fire Marshal.
5. Potential for excessive erosion.
6. Steep topography.
7. Visual sensitivity.
8. Environmental sensitivity.
9. Other conditions as determined by the Building Official.
The decision of the Building Official to deny, suspend, or revoke a building permit may be
appealed to the City Manager. The City Manager may authorize issuance of permits or continued
construction and impose conditions deemed appropriate considering the scope and nature of the work."
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B. Chapter 2 of Title 8 of the San Juan Capistrano Municipal Code is hereby amended
to add Section 8-2.14 thereto to read as follows:
"Section 8-2.14 Denial, Suspension or Revocation.
Section 303(e) of Chapter 3, Permits and Inspections, of the Uniform Building Code is hereby
amended as follows:
Section 303(e) Denial, Suspension, or Revocation. The Building Official may, in writing, deny,
suspend, or revoke a permit issued under the provisions of this code whenever the permit is issued in
error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation
or any provision of this code or whenever the work authorized is liable to constitute a hazard to the
public welfare, or endanger life or any private or public property or result in damages to property. Such
hazard to the public welfare may arise from circumstances involving construction during the permit from
October 15 to April 15, when the following conditions are present:
1. Inadequate street width
2. Inadequate, deteriorated, or damaged street paving.
3. Excessively steep street grade.
4. Inadequate fire flow as determined by the Fire Marshal.
5. Potential for excessive erosion.
6. Steep topography.
7. Visual sensitivity.
8. Environmental sensitivity.
9. Other conditions as determined by the Building Official.
The decision of the Building Official to deny, suspend, or revoke a building permit may be
appealed to the City Manager. The City Manager may authorize issuance of permits or continued
construction and impose conditions deemed appropriate considering the scope and nature of the work."
SECTION 2 Effective Date.
This Urgency Ordinance shall take effect and be in force immediately pursuant to Government
Code Section 36937(b), "for immediate preservation of the public peace, health or safety,' upon a four-fifths vote
of the City Council, based upon the following declaration of facts:
1. The grading of property and the construction of substantial structures on sites
constrained by topography, street design, fire Bow, and other factors can create hazards
to the public welfare and damage public or private property;
2. The grading or construction on constrained property during the period of October 15
to April 15 may create such hazards or adverse impacts due to rainy periods and
incipient soil conditions within San Juan Capistrano.
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SECTION 3. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the same to be
published once as required by law and posted at the duly designated posting places within the City of San Juan
Capistrano within fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this Sth day of October "1993.
` GILGIL JONES R
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ATTEST:
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IFIE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO
HEREBY CERTIFY that the foregoing is a true and correct copy of Urgency Ordinance No. 736 which
was adopted at a meeting of the City Council of the City of San Juan Capistrano, California, held on
October Sth , 1993, by the following vote:
AYES: Council Members Nash, flausdorfer, Campbell, Vasquez and
Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)6�z� ��� -
CHERYL JO SO ITY CLERK
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