Ordinance Number 623ORDINANCE NO. 623
TO TITLE 8 OF THE MUNICIPAL CODE -
AN URGENCY ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING SECTION 8-3.03 OF
CHAPTER 3, "GRADING CODE," OF TITLE 8, 'BUILDING
REGULATIONS," OF THE MUNICIPAL CODE RELATING TO
DRILLING, EXCAVATION AND GRADING REGULATIONS
(URGENCY)
175
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
CFCTTON I _ AmPnrim Pntt.
Municipal Code Section 8-3.03 entit!r-d "Permits Required," of Chapter 3
"Grading Code," of Title 8 'Building Regulations," is hereby amended to read as follows: .
Section 7003 shall read in its entirety as follows:
'SECTION 7003. No person shall do any grading of any kind, or
excavation or drilling for soils testing purposes without first having obtained a grading
permit from the Building Official, except for the following:
"1. An excavation below finished grade for basements and footings of
a building, retaining wall, or other structure authorized by a valid
building permit. This shall not exempt any fill made with the
material from such excavation nor exempt any excavation having
an unsupported height greater than five (5) feet after completion
of such structure.
"2. Cemetery graves.
"3. Excavation for utilities.
114. An excavation which does not exceed 50 cubuc yards on any one
site and (a) is less than two (2) feet in depth; or, (b) which does not
create a cut slope which is greater than five (5) feet in height and
steeper than two (2) horizontal to one (1) vertical.
115. A fill less than one (1) foot in depth and placed on natural terrain
with a slope flatter than five (5) horizontal to one (1) vertical, or
less than three (3) feet in depth, not intended to support
structures, which does not exceed 50 cubic yards on any one lot
and does not obstruct a drainage course."
SECTION 2. Finding of Urgency.
This urgency ordinance is enacted pursuant to Government Code Section
36937(b) in that the City Council hereby finds that the existing provisions of the
Municipal Code do not require the permitting of certain types of drilling within City
limits; that it is necessary to institute permit requirements for certain types of drilling,
especially drilling for soils testing purposes to ensure that drilling does not occur without
City notice in such a way that drilling activities could jeopardize public health, safety
and welfare of the people of the City of San Juan Capistrano.
SECTION 3.
Effective Date.
This Ordinance shall take effect and be in force immediately.
SECTION 4. 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 1st day of March
1988.
ANTHONY L AND, MAYOR
ATTEST:
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
Ordinance No. 623 which was adopted at a meeting of the City Council of the City of
San Juan Capistrano, California, held on March 1 , 1988, by the following
vote:
AYES: Councilmen Schwartze, Friess, Buchheim, Hausdorfer, and
Mayor Bland
NOES: None
ABSENT: None
(SEAL)
MARY ANN ANOVE , CITY CLERK
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