Ordinance Number 422ORDINANCE NO. 422
AMENDMENT TO TITLE 8 AND TITLE 9 OF THE MUNICIPAL
CODE - HOURS OF CONSTRUCTION OPERATIONS (URGENCY)
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 8, SECTION 8-2.04(A)
AND SECTION 8-5.11, AND TITLE 9, SECTION
9-3.615 OF THE MUNICIPAL CODE, TO REGULATE HOURS
OF CONSTRUCTION OPERATIONS (URGENCY)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings,
The City Council finds that:
A. In order to provide for the continuing health,
safety, and welfare of the citizens of San Juan
Capistrano, the allowable hours of construction
operations should be regulated.
B. Due to the number of construction projects currently
underway in the City, the situation requires
urgent action.
SECTION 2. Text of the Amendments to Sections
8-2.04(a) and 8-5.11 (Hours of Operation).
A. Introduction
Based on the findings set forth in Section 1,
preceeding, the following amendments to the
Municipal Code are hereby enacted:
B. Amendment to Section 8-2.04(a).
Section 8-2.04(a) is hereby amended to read as
follows:
"Section 8-2.04(a). Hours of operation (building).
"Building operations within one-half (1/2) mile of
a structure for human occupancy shall not be conducted
between the hours of 6:00 P.M. and 7:00 A.M., Monday through
Friday and between the hours of 4:30 P.M. and 8:30 A.M. on
Saturday. However, the Building Official may permit
operations during the aforesaid hours if he determines that
such operations are not detrimental to the health, safety,
or welfare of the inhabitants of such a structure. The
permitted hours of operation may be shortened by the Building
Official on his finding of a previously unforseen effect on
the health, safety, or welfare. No commercial building
activity may be conducted on Sunday or on a Federal Holiday.
"No permit issued pursuant to the provisions of
this chapter and no provision of this section shall be
constructed to be a waiver of the applicability of the
provisions set forth in Chapter 3 of Title 9 of this Code
relating to noise control."
C. Amendment to Section 8-5.11.
Section 8-5.11 is hereby amended to read as
follows:
"Section 8-5.11
Hours of operation (grading).
"Grading operations within one-half (1/2) mile of
a structure for human occupancy shall not be conducted
between the hours of 6:00 P.M. and 7:00 A.M., Monday through
Friday and between the hours of 4:30 P.M. and 8:30 A.M. on
Saturday, or on Sundays or Federal holidays. However the
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Building Official may permit grading operations during the
aforesaid hours, or on Sunday or Federal holidays if he
determines that such operations are not detrimental to the
health, safety, or welfare of the inhabitants of such a
structure. The permitted hours of operation may be shortened
by the Building Official on his finding of a previously
unforeseen effect on the health, safety, or welfare of the
public.
"No permit issued pursuant to the provisions of
this Chapter and no provision of this Section shall be
construed to be a waiver of the applicability of the
provisions set forth in Chapter 3 of Title 9 of this Code
relating to noise control."
SECTION 3. Text of the Amendment to section 9-3.615
(Noise).
Subsection (d)(4) of Section 9-3.615 is hereby
amended to read:
"Section 9-3.615(d)(4). Noise
"Noise sources associated with construction,
repairs, remodeling, or the grading of any real property,
except that such activities shall not be exempt from the
provisions of this Section if conducted from 6:00 P.M. to
7:00 A.M. on Monday through Friday, or from 4:30 P.M. to
8:30 A.M. on Saturday, or at any time on Sunday or a Federal
holiday;"
SECTION 4. Effective Date.
Due to the urgency in this matter, this Ord;nance
shall take effect and be in force immediately. The nature of
the urgency is that a large amount of construction is currently
underway throughout the City, with massive grading and building
activity presently taking place. The noise, dust and other
undesirable elements associated with this activity require more
restrictive immediate controls.
SECTION 5. City Clerk's Certification.
The City Clerk shall certify to the adoption of this
Ordinance and cause same to be posted in the duly designated
posting places within the City of San Juan Capistrano within
fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 5th day of
1981 , by the following vote, to -wit:
AYES: Councilmen Friess, Bland, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Buchheim
PHILLIP R. SCHWARTZE, MAYOR
ATTEST:
dC