Ordinance Number 6056 �
ORDINANCE NO. 605
AMENDMENT TO TITLE 8 OF THE MUNICIPAL CODE
ADDING CHAPTERIO , "SOILS WARRANTY PROGRAM"
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 8 OF THE MUNICIPAL CODE BY
ADDING CHAPTER 10 ENTITLED "SOILS WARRANTY PROGRAM"
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Amendment.
Chapter 10 entitled "Soils Warranty Program" is hereby added to Title 8
"Building Regulations" of the Municipal Code to read as follows:
"Section 8-10.01. Purpose of Soils Warranty Program.
"There is hereby created a Soils Warranty Program for all new significant
hillside residential construction by private developers within the City.
The purpose of the program is to require private developers to establish a
Soils Warranty Program which shall provide protection to future
purchasers of private property against damages arising from slope
displacement.
"Section 8-10.02. Nature and Scope of Warranty Program.
"The City intends that private developers shall provide a specific written
warranty to their purchasers to provide protection against damages
arising from soils displacement.
"Section 8- 10.03. Types of Construction Covered.
"'Significant residential development' covered by this program means all
residential development proposals in hillside areas consisting of (a) 10 or
more subdivision lots; or, (b) any development which in the exercise of
the City's reasonable discretion is deemed to involve significant slope
stability concerns.
"Section 8--IU04. Warranty Program Components.
"Each subdivision tentative map approval or other development requiring
a land use entitlement covered by this Chapter shall include a condition
of approval implementing provisions of this Chapter. Each developer
shall formalize a written agreement with the City implementing the
warranty program provisions of this Chapter. The agreement shall
include, but not be limited to, one or more of the following
requirements: A written warranty running from the developer in favor of
subsequent lot purchasers; appropriate funding or bonding mechanism;
-1-
70,
passage.
and appropriate covenants, conditions, and restrictions specifically
implementing the provisions of the warranty program."
SECTION 2. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
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 29th day of September, ,
1987.
ANTHONY L AND, MAYOR
ATTEST:
CITY CLEPZ
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. 605 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on September 15 , 1987 , and adopted
at a meeting held on September 29 , 1987, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim, Hausdorfer,
and Mayor Bland
NOES: None
ABSENT: None
(SEAL)
MARY AN ANOVE , CITY CLERK
-2-