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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." -1- )14 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. -2- 015 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 —� ATTEST: i �. Ii A v=ArE 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 -3-